SB 1469 Certification Program

SB 1469 was a Senate Bill enacted in September 2000 to address the ongoing problem of relocatable buildings in use on school sites that are not certified by the Division of the State Architect (DSA). SB 1469 modified Education Code Section 17292 to allow the use of non-DSA certified relocatable buildings until September 30, 2007 if certain conditions are met. In 2006 subsequent legislation extended this deadline to September 30, 2015.

Criteria for Buildings to Be Eligible for SB 1469 Certification

To qualify for SB 1469 certification a relocatable building must meet all of the following criteria:

• Was in use for classroom purposes on or before May 1, 2000.
• Constructed after December 19, 1979 and bears a commercial coach insignia of approval from the Department of Housing and Community Development (HCD).
• Is a single story structure with not more than 2160 square feet of interior floor area when all sections are joined together
• The bracing and anchorage of interior overhead non-structural elements such as light fixtures, and heating and air-conditioning diffusers comply with the requirements of the current California Building Code (CBC).
• The foundation system complies with the current UBC or is a DSA approved foundation.
• All other building construction, including associated site construction, except for the relocatable building itself, complies with Sections 4450 to 4458, inclusive, of the Government Code, and Section 13143 of the Health and Safety Code and the administrative and building standards published in Title 19 and Title 24 of the California Code of Regulations.

School Districts Need SB 1469 Certification to Comply With the Law

California law requires that all school buildings be certified by DSA. For various reasons relocatable buildings have been purchased or leased and placed on school sites without DSA certification. Education Code Section 17292 sets forth provisions for uncertified buildings that meet certain criteria to remain in use until September 30, 2015. This will allow school districts time to plan for replacement of the buildings.

Buildings that were installed without DSA certification may have been installed in a manner that could compromise the safety of the building occupants or other persons at the school. Some considerations are as follows:

• Many buildings were installed on temporary foundations that do not meet earthquake safety requirements.
• Buildings may have been installed without proper attention to fire department access (both to the building and to other buildings on the school site).
• Ramps, handrails, path of travel, and other accessibility requirements may not be in accordance with the requirements of code and/or federal law.
• Ceilings, light fixtures, and other overhead elements may not be supported and braced to resist earthquake loads.

The school district may be held liable for damages or injuries that may occur in buildings not certified by DSA. Various district attorneys have rendered the opinion that members of the school board may be held personally liable for damages and injuries.

How to Obtain SB 1469 Certification

To obtain SB 1469 certification the school district must identify and report to DSA non-complying HCD relocatable buildings on school campuses, retrofit the identified buildings, and send verification of compliance for each building to DSA. If compliant, DSA will issue letters of certification that will expire on September 30, 2015.

Initial Phase - Reporting of Non-Complying Buildings to DSA

School districts have previously been notified of the requirements for obtaining SB 1469 certification. If a district has not reported non-complying buildings to DSA yet, they may download the Reporting Form for HCD Relocatable Buildings on School Campuses (PDF - 33 KB), fill it out, and send it to DSA.

Middle Phase - Investigation, Repair, Inspection, and Reporting

Buildings reported to DSA in the Initial Phase are listed on the Summary of Reported Buildings (searchable by
school district).

Initial investigations must be performed, repairs made as necessary, and final inspections completed as soon as possible. The forms should be sent to:

Division of the State Architect
1102 Q Street, Suite 5100
Sacramento, CA 95811
Attn: Elizabeth Randolph

If you have any questions please call Elizabeth Randolph at (916) 324-5591 or email her at Elizabeth.Randolph@dgs.ca.gov

The School District is responsible for:

1. Hiring a California licensed architect to investigate each building, and associated site construction.
2. Hiring a DSA certified inspector (must be certified as a DSA Class 1, 2, 3, or 4 inspector). The inspector does not need to be approved by DSA for each specific project as required for ordinary school construction projects. The inspector is to:
   • Perform inspections on each building (the inspector must perform all inspections personally),
   • Identify construction in need of repair,
   • Verify that all repairs are made and that the building(s) meet the requirements,
   • Complete the Form DSA-122: SB 1469 Inspector's Report (PDF - 149 KB)
3. Repairing the building as necessary to meet the requirements of the current applicable code (as modified by the provisions of Education Code Section 17292). See SB 1469 Relocatable Buildings Guidelines for Common Repairs (PDF - 348 KB) for suggestions with common repairs that may be required.
4. Sending the following documents to DSA:
   • The SB 1469 Certification of Compliance signed by the architect and the school district for each school campus in the district where reported buildings exist.
   • The SB 1469 Inspector's Report signed by a DSA certified inspector for each school campus in the district where reported buildings exist.
   • A fee of $450.00 per school campus must accompany the SB 1469 Certification of Compliance.

Final Phase - Certification (DSA Issues Letter of Temporary Certification)

After the building is reported as compliant, DSA will issue a letter certifying that the building has been retrofitted and inspected in accordance with the requirements of the SB 1469 program. This certification is different from ordinary DSA certification and only pertains to aspects of the construction defined in Education Code Section 17292. This certification will expire on September 30, 2015. After that date, the buildings may no longer be used as school buildings.

DSA will visit a representative sample of buildings to verify the general compliance of conditions to the parameters defined for this program.

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