November 13, 2008

Division of the State Architect (DSA)-Approved Plans May Be in Jeopardy

DSA-approved plans have a one-year time limit that may be extended to four years.  Under usual circumstances, this time constraint would not be problematic.  These are not normal times, however, and the unfortunate confluence of declining enrollment, the housing bust, and the new California Building Code that became effective on January 1, 2008 is causing anxiety for school districts that are dealing with delayed new construction and modernization projects.

DSA approval for school construction plans is good for one year.  The Final Approval letter that accompanies the DSA stamp on plans and specifications states as much.  Specifically, a school district shall, according to governing regulations, commence construction before the one-year anniversary of the approval otherwise risk voiding the approval.  The regulations allow DSA to renew the approval annually not to exceed four years, but authorize DSA to require school districts to revise the plans and specifications at its discretion to meet current regulations (Title 24).

School districts caught in the conundrum of declining enrollment, who are equipped with DSA-approved plans that are growing stale on the shelf, should be aware that they may be required to have their architects and engineers redraw their plans and seek DSA approval when the they are ready to start new school or modernization construction in order to comply with the new building code.

The time limit on DSA approval is regulatory and does not require legislation to correct.  Furthermore, for plans whose approval has expired and have not yet reached the four-year time limit, DSA has the discretion to renew approval based on the building code to which the plans were originally designed.  For plans beyond the four-year time limit, an amendment to the regulations could be necessary.

~ Patti Herrera

pherrera@m-w-h.com