Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Construction, as defined in this section, shall not be provided as a vocational
rehabilitation service. Construction on real property is expressly prohibited by
Education Department General Administrative Regulations (EDGAR)
34 CFR
76.533.
(b) The following definitions apply to this
section:
(1) "Construction" means:
(A) Erection of any new structure or building on
real property, either temporary or permanent, in whole or in part.
(B) Additions to, modification or replacement of,
or demolition or removal of, all or part of an existing structure or building on
real property, either temporary or permanent, including but not limited to existing
electrical, plumbing, heating and air conditioning appliances, fixtures, and
systems, foundations, roofs, walls, floors, ceilings, windows, doors, cabinets,
countertops, closets, and kitchen or bathroom fixtures such as sinks, toilets, tubs
and showers.
(C) A remodel of all or
part of a structure or building on real property.
(D) Installation of any item, piece of equipment,
or product system as a permanent fixture on real property.
(E) Improvements to land, including the addition,
modification or replacement of roads, driveways, walkways, fences, or
barriers.
(2) "Permanent
fixture" means an item, piece of equipment, or product system that once installed is
considered a permanent appendage or addition to real property because the item,
piece of equipment or product system is physically attached to real property and
cannot be readily or easily removed without damage to, or alteration or modification
of, the real property or of the item, piece of equipment or product system, or that
has been designed or modified for use upon that real property. Examples of permanent
fixtures include elevators and wheelchair lifts. A wheelchair ramp installed for
access to a structure may or may not be a permanent fixture, depending upon how the
particular ramp is installed and/or designed for use with that structure.
(3) "Real Property" means land and any structure
and improvements situated on the land including, but not limited to, a building,
house, trailer home, guest house, garage, or any type of outbuilding, whether used
as a residence, place of business, or for other purposes, and any roads, driveways,
walkways, fences, or barriers situated on the real property.
1. Amendment of
chapter 3 heading and new section filed 12-26-2002 as an emergency; operative
12-26-2002 (Register 2002, No. 52). A Certificate of Compliance must be transmitted
to OAL by 4-25-2003 or emergency language will be repealed by operation of law on
the following day.
2. Certificate of Compliance as to 12-26-2002 order
transmitted to OAL 4-14-2003 and filed 5-20-2003 (Register 2003, No. 21).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC
723;
34 CFR Sections
76.533 and
361.48; and Section
19150, Welfare and Institutions
Code.
