Friday, October 14, 2016

PHYSICIAN Owned Surgery centers are EXEMPT from OSHPD in CALIFORNIA

CODE SECTIONS Article 21, Chapter 7 California Administrative Code (CAC) Article 21 - Plan Review, Building Inspection and Certification of Surgical Clinics, Chronic Dialysis Clinics and Outpatient Services Clinics


 The determination of which clinics and outpatient facilities are subject to the OSHPD 3 requirements found in Title 24, California Building Standards Code is complex. This results in a lack of consistency in application of the model code and OSHPD 3 requirements to clinic facilities, and uncertainty regarding the roles of the local building jurisdiction and OSHPD in the plan review, certification and construction inspection processes.

Confusion exists, in part, because the use of the generic terms “clinics” and “outpatient facilities”. The OSHPD 3 requirements found in the code apply only to those clinics and outpatient facilities that are licensed pursuant to Health and Safety Code (H&SC) Section 1200 or 1250. There are variables in statute and regulations regarding the use and licensing of these clinic facilities, making consistent application of the regulations complex. Another source of confusion is that the applicability of certain requirements is determined by factors that are normally out of the scope of work of the building department and designer. For example, sources of financial reimbursement and the specific type of license a clinic owner desires to obtain determine what regulations apply and who has jurisdiction for the project.


 In order to determine the applicability of OSHPD 3 requirements, it is necessary to know if the clinic facility is licensed, and if so, how it is licensed. OSHPD 3 requirements for clinics only apply to clinics that are licensed pursuant to H&SC Section 1200 (which includes primary care clinics and specialty clinics) or H&SC Section 1250 (which includes outpatient clinical services of a licensed hospital). Where the term “clinic” or “outpatient facility” is used relative to OSHPD 3 requirements in the California codes, it shall mean a clinic or outpatient facility licensed pursuant to H&SC Section 1200 or 1250. The application of OSHPD 3 requirements is independent of the determination of occupancy classification. A Group B Occupancy doctor’s office is subject to OSHPD 3 requirements if the office is licensed as a clinic pursuant to H&SC Section 1200.

Conversely, a surgical clinic classified as a Group I-2.1 occupancy is not subject to OSHPD 3 requirements if it is not licensed pursuant to H&SC Section 1200 or 1250. It should be noted that other requirements, not enforced by OSHPD or the local building jurisdiction may apply, for example, the NFPA 101 Life Safety Code. The attached documents are intended to assist local building jurisdictions and designers in applying OSHPD 3 regulations, and determining which jurisdiction has authority over the plan review, certification and construction inspection of clinic facilities.

 California Medical Clinic Guidelines, Plan Review, Approval, Inspection and Certification Flowchart- Provides a process to follow in determining the appropriate authority having jurisdiction and applicable regulations for various clinic facilities.
        Flowchart Explanatory Notes. Provides additional information to use in applying the flowchart.
                  Appendix. Contains a glossary of terms, identities common acronyms and summary of roles of agencies involved in the plan review, certification and inspection of clinic facilities.

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