Section 7149.1 - Excluded Services-Construction(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.Cal. Code Regs. Tit. 9, § 7149.1
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.
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).