2010 California Code
Government Code
Chapter 12.2. Building Earthquake Safety

GOVERNMENT CODE
SECTION 8875-8875.95



8875.  Unless the context otherwise requires, the following
definitions shall govern the construction of this chapter:
   (a) "Potentially hazardous building" means any building
constructed prior to the adoption of local building codes requiring
earthquake resistant design of buildings and constructed of
unreinforced masonry wall construction. "Potentially hazardous
building" includes all buildings of this type, including, but not
limited to, public and private schools, theaters, places of public
assembly, apartment buildings, hotels, motels, fire stations, police
stations, and buildings housing emergency services, equipment, or
supplies, such as government buildings, disaster relief centers,
communications facilities, hospitals, blood banks, pharmaceutical
supply warehouses, plants, and retail outlets. "Potentially hazardous
building" does not include warehouses or similar structures not used
for human habitation, except for warehouses or structures housing
emergency services equipment or supplies. "Potentially hazardous
building" does not include any building having five living units or
less. "Potentially hazardous building" does not include, for purposes
of subdivision (a) of Section 8877, any building which qualifies as
"historical property" as determined by an appropriate governmental
agency under Section 37602 of the Health and Safety Code.
   (b) "Local building department" means a department or agency of a
city or county charged with the responsibility for the enforcement of
local building codes.



8875.1.  A program is hereby established within all cities, both
general law and chartered, and all counties and portions thereof
located within seismic zone 4, as defined and illustrated in Chapter
2-23 of Part 2 of Title 24 of the California Administrative Code, to
identify all potentially hazardous buildings and to establish a
program for mitigation of identified potentially hazardous buildings.




8875.2.  Local building departments shall do all of the following:
   (a) Identify all potentially hazardous buildings within their
respective jurisdictions on or before January 1, 1990. This
identification shall include current building use and daily occupancy
load. In regard to identifying and inventorying the buildings, the
local building departments may establish a schedule of fees to
recover the costs of identifying potentially hazardous buildings and
carrying out this chapter.
   (b) Establish a mitigation program for potentially hazardous
buildings to include notification to the legal owner that the
building is considered to be one of a general type of structure that
historically has exhibited little resistance to earthquake motion.
The mitigation program may include the adoption by ordinance of a
hazardous buildings program, measures to strengthen buildings,
measures to change the use to acceptable occupancy levels or to
demolish the building, tax incentives available for seismic
rehabilitation, low-cost seismic rehabilitation loans available under
Division 32 (commencing with Section 55000) of the Health and Safety
Code, application of structural standards necessary to provide for
life safety above current code requirements, and other incentives to
repair the buildings which are available from federal, state, and
local programs. Compliance with an adopted hazardous buildings
ordinance or mitigation program shall be the responsibility of
building owners.
   Nothing in this chapter makes any state building subject to a
local building mitigation program or makes the state or any local
government responsible for paying the cost of strengthening a
privately owned structure, reducing the occupancy, demolishing a
structure, preparing engineering or architectural analysis,
investigation, or design, or other costs associated with compliance
of locally adopted mitigation programs.
   (c) By January 1, 1990, all information regarding potentially
hazardous buildings and all hazardous building mitigation programs
shall be reported to the appropriate legislative body of a city or
county and filed with the Seismic Safety Commission.




8875.3.  Local jurisdictions undertaking inventories and providing
structural evaluations of potentially hazardous buildings pursuant to
this chapter shall have the same immunity from liability for action
or inaction taken pursuant to this chapter as is provided by Section
19167 of the Health and Safety Code for action or failure to take any
action pursuant to Article 4 (commencing with Section 19160) of
Chapter 2 of Part 3 of Division 13 of the Health and Safety Code.



8875.4.  The Seismic Safety Commission shall report annually to the
Legislature on the filing of mitigation programs from local
jurisdictions. The annual report required by this section shall
review and assess the effectiveness of building reconstruction
standards adopted by cities and counties pursuant to this article and
shall, commencing on or before January 1, 2007, include an
evaluation of the impact and effectiveness of Section 8875.10.



8875.5.  The Seismic Safety Commission shall coordinate the
earthquake-related responsibilities of government agencies imposed by
this chapter to ensure compliance with the purposes of this chapter.



8875.6.  On and after January 1, 1993, the transferor, or his or her
agent, of any unreinforced masonry building with wood frame floors
or roofs, built before January 1, 1975, which is located within any
county or city shall, as soon as practicable before the sale,
transfer, or exchange, deliver to the purchaser a copy of the
Commercial Property Owner's Guide to Earthquake Safety described in
Section 10147 of the Business and Professions Code. This section
shall not apply to any transfer described in Section 8893.3.



8875.7.  If the transferee has received notice pursuant to Section
8875.8, and has not brought the building or structure into compliance
within five years of that date, the owner shall not receive payment
from any state assistance program for earthquake repairs resulting
from damage during an earthquake until all other applicants have been
paid.



8875.8.  (a) An owner who has received actual or constructive notice
that a building located in seismic zone 4 is constructed of
unreinforced masonry shall post in a conspicuous place at the
entrance of the building, on a sign not less than 5"  7"the
following statement, printed in not less than 30-point bold type:
   "This is an unreinforced masonry building. Unreinforced masonry
buildings may be unsafe in the event of a major earthquake."
   (b) Notwithstanding subdivision (a), unless the owner of a
building subject to subdivision (a) is in compliance with that
subdivision on and after December 31, 2004, an owner who has received
actual or constructive notice that a building located in seismic
zone 4 is constructed of unreinforced masonry and has not been
retrofitted in accordance with an adopted hazardous building
ordinance or mitigation program shall post in a conspicuous place at
the entrance of the building, on a sign not less than 8" 10" the
following statement, with the first two words printed in 50-point
bold type and the remaining words in at least 30-point type:
   "Earthquake Warning. This is an unreinforced masonry building. You
may not be safe inside or near unreinforced masonry buildings during
an earthquake."
   (c) Notice of the obligation to post a sign, as required by
subdivisions (a) and (b), shall be included in the Commercial
Property Owner's Guide to Earthquake Safety.
   (d) Every rental or lease agreement entered into after January 1,
2005, involving a building subject to the requirements of subdivision
(b) shall contain the following statement: This building, which you
are renting or leasing, is an unreinforced masonry building.
Unreinforced masonry buildings have proven to be unsafe in the event
of an earthquake. Owners of unreinforced masonry buildings are
required to post in a conspicuous place at the entrance of the
building, the following statement:
   "Earthquake Warning. This is an unreinforced masonry building. You
may not be safe inside or near an unreinforced masonry building
during an earthquake."
   (e) An owner who is subject to subdivision (b) and who does not
comply with subdivision (a) may be subject to an administrative fine
of two hundred fifty dollars ($250) to be levied by the local
building department no sooner than 15 days after the local building
department notifies the owner that the owner is subject to the
administrative fine. If the owner does not comply with the
requirements of that subdivision within 30 days of the first
administrative fine, the owner may be subject to an additional
administrative fine of one thousand dollars ($1,000).
   (f) If an owner who is subject to subdivision (b) does not comply
with subdivision (b), any person may bring a civil action for
injunctive relief if all of the following have been met:
   (1) He or she has made a request to an appropriate authority for
administrative enforcement of this section at least 90 days prior to
the action.
   (2) An administrative fine has not been levied since the request
was made pursuant to paragraph (1).
   (3) At least 15 days prior to the filing of the action, the person
has served on each proposed defendant a notice containing the
following statement:
   "You are receiving this notice because you are alleged to be in
violation of Section 8875.8 of the Government Code, which requires
that the owner of an unreinforced masonry building post a sign, not
less than 8" 10", in a conspicuous place at the entrance of the
building with the following statement, with the first two words
printed in 50-point boldface type and the remaining words in at least
30-point type:
   "Earthquake Warning. This is an unreinforced masonry building. You
may not be safe inside or near unreinforced masonry buildings during
an earthquake.
   Failure to post the sign in compliance with subdivision (b) of
Section 8875.8 within 15 days of receipt of this notice entitles the
sender of the notice to file an action against you in a court of law
for injunctive relief.' "
   (4) The owner has failed to post the sign in accordance with the
requirements of subdivision (b) within 15 days of receipt of the
notice served pursuant to this subdivision.
   (g) The prohibitions and sanctions imposed pursuant to this
section are in addition to any other prohibitions and sanctions
imposed by law. A civil action for injunctive relief pursuant to this
section shall be independent of any other rights and remedies.



8875.9.  Section 8875.8 shall not apply to either one of the
following:
   (a) Unreinforced masonry construction if the walls are nonload
bearing with steel or concrete frame.
   (b) A building that has been retrofitted in accordance with an
adopted hazardous buildings ordinance or mitigation program, in which
case the local jurisdiction may authorize the owner to post in a
conspicuous place at the entrance of the building, on a sign not less
than 5"  7" the following statement, printed in not less than
30-point bold type:
   "This building has been improved in accordance with the seismic
safety standards of a local building ordinance that is applicable to
unreinforced masonry buildings."



8875.95.  No transfer of title shall be invalidated on the basis of
a failure to comply with this chapter.



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