2007 California Education Code Article 8. Fitness For Occupancy

CA Codes (edc:81160-81179)

81160.  (a) The provisions of this article do not apply to an
offsite building during the time the building is used wholly or in
part for community college purposes if the building is neither owned
by a community college district nor leased by a community college
district under a lease containing an option to purchase the building.
  For the purposes of this section, an "offsite building" is a
building which is situated on land which is neither owned by a
community college district nor leased by a community college district
under a lease containing an option to purchase the land.
   (b) "School building" as used in this article excludes any
building which is used for community college district administrative
buildings located on a site separate from the community college
campuses of the district, and into which students are not required to
enter.
   (c) "School building" as used in this article shall be limited to
any physical structure capable of being occupied by pupils, but shall
exclude, (1) any bleacher or grandstand with less than six rows of
seats, (2) any building which is used exclusively for warehouse,
storage, garage, or districtwide administrative office purposes, into
which pupils are not required to enter, and off-campus buildings
utilized by adult schools or community colleges for voluntary adult
education courses or registered apprentice courses, (3) any swimming
pool, or (4) any yard or lighting poles or flagpoles or playground
equipment which does not exceed 35 feet in height.
   If any building so excluded was not constructed in accordance with
Article 7 (commencing with Section 81130) of this chapter and was
not repaired, reconstructed, or replaced in accordance with this
article, there shall be posted in a conspicuous place on the building
a public notice stating that the building does not meet the
structural standards imposed by law for earthquake safety.



81161.  It is the intent of the Legislature to re-examine 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 community college students, the Legislature intends that
the governing board of each community college district adopt a plan
for the orderly repair, reconstruction, or replacement of school
buildings not repaired, reconstructed, or replaced in accordance with
this article.



81162.  Whenever an examination of the structural condition of any
school building of a community college district has been made by the
Department of General Services, by any licensed structural engineer
or licensed architect for the governing board of the 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 immediately shall have prepared
an estimate of the cost necessary to make repairs to the building or
buildings that 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
those standards of structural safety that 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 student 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 7 (commencing
with Section 81130) of this chapter and the rules and regulations
adopted thereunder, disregarding, insofar as possible, building
damage not jeopardizing life that would be expected from one
disturbance of nature of the intensity used for design purposes in
those 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.



81177.  (a) No member of the governing board of a community college
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 7 (commencing with
Section 81130), if the governing board complies with this article.
   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,  if he or she has exercised normal professional diligence
in carrying out his or her functions under Article 7 (commencing with
Section 81130) and this article.
   (b) Except as provided in subdivision (a), nothing in this article
shall be construed as relieving any member of the governing board of
a community college district of any liability for injury to persons
or damage to property imposed by law.


81179.  Notwithstanding any other provision of this article or
Chapter 4 (commencing with Section 81800), whenever a community
college district does not have funds available to repair,
reconstruct, or replace the school buildings referred to in this
article or Section 16320, the community college district shall apply
for the funds as may be necessary to accomplish the repair,
reconstruction, or replacement pursuant to Chapter 4.  The community
college district shall also accept the funds as are disbursed to the
district pursuant to Chapter 4, whether or not the funds constitute
the maximum amount applied for, and shall repay the funds in
accordance with Chapter 4.