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AB-2870 Building inspections: liability.(2001-2002)

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AB2870:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2870

Introduced  by  Assembly Member Harman

February 25, 2002

An act to add Section 43.99 to the Civil Code, relating to building inspections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2870, as introduced, Harman. Building inspections: liability.
Existing law sets forth the State Housing Law, and provides for residential building permits, as specified.
This bill would provide that there is no personal monetary liability on the part of any person who is under contract with an applicant for a residential building permit to check the plans and specifications provided with the application in order to determine compliance with all applicable requirements imposed pursuant to the State Housing Law or any rules or regulations adopted pursuant to that law, or to inspect a work of improvement to determine compliance with these plans and specifications, as specified. The bill would also provide for the construction of its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 43.99 is added to the Civil Code, to read:

43.99.
 (a) There is no personal monetary liability on the part of any person who is under contract with an applicant for a residential building permit to check the plans and specifications provided with the application in order to determine compliance with all applicable requirements imposed pursuant to the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) or any rules or regulations adopted pursuant to that law, or to inspect a work of improvement to determine compliance with these plans and specifications if one of the following applies:
(1) The person has completed not less than two years of verifiable experience in the appropriate field and has obtained certification from a recognized state, national, or international association pursuant to Sections 18949.28 and 18949.29 of the Health and Safety Code, as determined by the local building code agency with respect to those persons who perform construction inspection and plans examiner services for the local agency from whom the applicant is seeking the residential building permit.
(2) The person is a registered professional engineer, licensed surveyor, or licensed architect rendering construction inspection services or plans examination services within the scope of his or her registration or licensure.
(b) This section may not be construed to relieve from, or lessen the responsibility of any person who owns, operates, or controls any residential building for any damages to persons or property caused by construction or design defects.
(c) Nothing in this section, as it relates to construction inspectors or plans examiners, may be construed to alter the requirements for licensure, or the jurisdiction, authority, or scope of practice, of architects pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, professional engineers pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or land surveyors pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.
(d) Nothing in this section may be construed to alter the immunity of employees of the Department of Housing and Community Development under the Tort Claims Act (Div. 3.6 (commencing with Sec. 810), Title 1, Gov. C.) when acting pursuant to Section 17965 of the Health and Safety Code.