2007 California Education Code Article 6. Fitness For Occupancy

CA Codes (edc:17365-17374)

17365.  The Legislature finds and declares as follows:
   (a) By an urgency act (Stats. 1933, Ch. 59), the Legislature at
the 1933 General Session established reasonable minimum standards for
the design and construction of new school buildings, as now defined
in Section 17283.  Although it was not required that then existing
school buildings incorporate these standards, it was intended by the
Legislature that in the intervening years continuous progress would
be made in the repair, reconstruction or replacement of such school
buildings.
   (b) Progress toward this end has been outstanding since 1971 as a
result of state funds being made available for rehabilitating or
replacing structurally unsafe school facilities.




17366.  It is the intent of the Legislature to reexamine the
progress under this article from time to time.  To enable it to do
so, and to expedite the provision of safe educational facilities for
California schoolchildren, the Legislature intends that the governing
board of each school district adopt a plan for the orderly repair,
reconstruction, or replacement of school buildings not repaired,
reconstructed, or replaced in accordance with this article.



17367.  The governing board of any school district which has in use
for school purposes any school buildings which were not constructed
under approved plans and the supervision and inspection requirements
of Article 3 (commencing with Section 17280) of this chapter shall
have such buildings examined pursuant to this section and shall have
completed on or before January 1, 1970, the examination, reporting
and estimate requirements of this section and Section 39223.
   Whenever an examination of the structural condition of any school
building of a school district has been made by the Department of
General Services, or by any licensed structural engineer or licensed
architect for the governing board of the school district, or under
the authorization of law, and a report of the examination, including
the findings and recommendations of the agency or person making the
examination, has been made to the governing board of the district,
and the report shows that the building is unsafe for use, the
governing board of the district shall immediately have prepared an
estimate of the cost necessary to make such repairs to the building
or buildings as are necessary, or, if necessary, to reconstruct or
replace the building so that the building when repaired or
reconstructed, or any building erected to replace it, shall meet such
standards of structural safety as are established in accordance with
law.  The estimate shall be based on current costs and may include
other costs to reflect modern educational needs.  Also an estimate of
the cost of replacement based on the standards established by the
State Allocation Board for area per pupil and cost per square foot,
shall be made and reported.
   The report required by this section shall include a statement that
each of the buildings examined is safe or unsafe for school use.
For the purpose of this statement the sole consideration shall be
protection of life and the prevention of personal injury at a level
of safety equivalent to that established by Article 3 (commencing
with Section 17280) of this chapter and the rules and regulations
adopted thereunder, disregarding, insofar as possible, such building
damage not jeopardizing life which would be expected from one
disturbance of nature of the intensity used for design purposes in
said rules and regulations.
   The governing board, utilizing the information acquired from the
examination and report developed pursuant to this section, shall
establish a system of priorities for the repair, reconstruction, or
replacement of unsafe school buildings.



17368.  "School building" as used in this article shall be limited
to any physical structure capable of being occupied by pupils, but
shall exclude, (a) any bleacher or grandstand with less than six rows
of seats, (b) any building which is used exclusively for warehouse,
storage, garage, or districtwide administrative office purposes, into
which pupils are not required to enter, and buildings utilized by
adult schools for off-campus, voluntary adult education courses or
registered apprentice courses, (c) any swimming pool, or (d) any yard
or lighting poles or flagpoles or playground equipment which does
not exceed 35 feet in height.
   "School building" as used in this article excludes any building
owned or occupied by a unified school district, high school district,
or a county superintendent of schools which is used exclusively for
adult education purposes.
   If any building so excluded was not constructed in accordance with
Article 3 (commencing with Section 17280) of this chapter and was
not repaired, reconstructed, or replaced in accordance with this
article, there shall be posted in a conspicuous place on such
building a public notice stating that such building does not meet the
structural standards imposed by law for earthquake safety.



17369.  "School building" as used in this article excludes any
building operated by an official or board of a public entity for
purposes other than educational, notwithstanding any educational use
thereof incidental to the other primary purpose.
   For purposes of this section, a public entity includes, but is not
limited to, a city, city and county, county, or special district,
but does not include a school district or county superintendent of
schools.


17370.  Except as provided in Section 17371, nothing in this article
shall be construed as relieving any member of the governing board of
a school district of any liability for injury to persons or damage
to property imposed by law.


17371.  No member of the governing board of a school district shall
be held personally liable for injury to persons or damage to property
resulting from the fact that a school building was not constructed
under the requirements of Article 3 (commencing with Section 17280)
of this chapter, if such governing board complies with the provisions
of this article.  Such limit on liability shall commence when such
governing board initiates action to comply with the provisions of
Section 17367.
   A licensed structural engineer or licensed architect employed by a
governing board to examine any school building under this article
shall not be held personally liable for injury to persons or damage
to property as a result of the structural inadequacy and failure of a
building, provided he or she has exercised normal professional
diligence in carrying out his or her functions under Article 3
(commencing with Section 39140) of this chapter and the provisions of
this article.



17372.  No school building examined and found to be unsafe for
school use pursuant to Section 17367 and not repaired or
reconstructed in accordance with the provisions of this article, and
no school building which has never met the requirements of Article 3
(commencing with Section 17280) of this chapter, shall be used as a
school building for elementary or secondary school purposes after
June 30, 1975, unless the governing board of the school district has
requested and obtained from the State Allocation Board authority for
use of the building for a specific period beyond that date.  Prior to
requesting this authority, the governing board shall adopt a
resolution declaring the board's intention to utilize the building as
a school building after June 30, 1975, pending its repair,
reconstruction, or replacement.  The State Allocation Board shall not
authorize any school district to use a building beyond June 30,
1975, unless it has first determined that the school district has
already proceeded with a plan of total repair, reconstruction, or
replacement in a timely manner and a contract has been let for any
phase of, and work commenced on, the project.  In no event shall the
State Allocation Board authorize the use of any unsafe facilities for
a period extending beyond the completion of the replacement
facilities or beyond June 30, 1977, whichever occurs first.
   For purposes of this section, "school building" does not include
any portable building.  Portable buildings may be used beyond June
30, 1975 to meet temporary housing needs until all repair,
reconstruction or replacement of all district school buildings is
complete or until June 30, 1977, whichever occurs first, provided
that the governing board of the district has requested and obtained
from the State Allocation Board authority for use of such portable
buildings.  The State Allocation Board may grant this authority only
to those districts in which 20 percent or more of the schools are
subject to partial or complete reconstruction pursuant to Section
17367.  Any portable buildings for which authority is granted for
temporary use pursuant to this section shall not be subject to
Article 3 (commencing with Section 17280) or Article 6 (commencing
with Section 17365) of this chapter during the period of the
authorized use.


17373.  Notwithstanding any other provision of this article or
Article 9 (commencing with Section 16310) of Chapter 6 of Part 10,
whenever a school district does not have funds available to repair,
reconstruct, or replace the school buildings referred to in this
article or Section 16320, the school district shall apply for any
funds that may be necessary to accomplish the repair, reconstruction,
or replacement pursuant to Article 9.  The school district shall
also accept any funds that are disbursed to the district pursuant to
Article 9, whether or not the funds constitute the maximum amount
applied for, and shall repay the funds in accordance with Article 9.
In cases in which funds derived from a tax increase levied pursuant
to Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1977, or Section 39230.5, as enacted by Section 2 of
Chapter 1010 of the Statutes of 1976, are utilized to match amounts
disbursed to a school district under an apportionment made pursuant
to Article 9 (commencing with Section 16310) of Chapter 6 of Part 10,
the disbursement and repayment may be made without the necessity of
a vote of the electorate of the district as prescribed in any
provision of Chapter 6 (commencing with Section 16000) of Part 10.



17374.  Any revenue derived from an increase in the rate of tax
provided by Section 39230, as amended by Section 147 of Chapter 36 of
the Statutes of 1977, prior to July 1, 1975, and which is unexpended
on that date, may be used after July 1, 1975, by the governing board
of a school district to complete the corrective structural repair,
reconstruction, or replacement of any school building subject to
Section 17367 which had not been completed on that date.