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Ch.725 —6— and approve all new and remodeled school facilities for compliance with all applicable requirements. (2) Notwithstanding subdivision (a), the Office of Statewide Health Planning and Development(OSHPD)shall maintain its primary jurisdiction over licensed skilled nursing facilities, and when new construction, modernization,or remodeling must be undertaken to repair existing systems or to keep up the course of normal or routine maintenance,the facility shall complete a building application and plan check process as required by OSHPD. Approval of the plans by OSHPD shall be deemed compliance with the plan approval process required by the local county enforcement agency described in this section. (3) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard,existing public and private school cafeterias and licensed health care facilities shall be deemed to be in compliance with this part pending replacement or renovation. (d) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard,existing food facilities that were in compliance with the law in effect on June 30, 2007,shall be deemed to be in compliance with the law pending replacement or renovation. If a determination is made by the enforcement agency that a structural condition poses a public health hazard, the food facility shall remedy the deficiency to the satisfaction of the enforcement agency. (e) The plans shall be approved or rejected within 20 working days after receipt by the enforcement agency and the applicant shall be notified of the decision.Unless the plans are approved or rejected within 20 working days, they shall be deemed approved. The building department shall not issue a building permit for a food facility until after it has received plan approval by the enforcement agency. Nothing in this section shall require that plans or specifications be prepared by someone other than the applicant. SEC. 4. Section 2.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 1616. It shall only become operative if(I) both bills are enacted and become effective on or before January 1, 2013, (2) each bill amends Section 113789 of the Health and Safety Code, and(3) this bill is enacted after Assembly Bill 1616,in which case Section 2 of this bill shall not become operative. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code,or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 0 93