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AB-1857 Building codes: earthquake safety: immediate occupancy standard.(2017-2018)

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Date Published: 08/29/2018 09:00 PM
AB1857:v94#DOCUMENT

Enrolled  August 29, 2018
Passed  IN  Senate  August 21, 2018
Passed  IN  Assembly  August 27, 2018
Amended  IN  Senate  August 17, 2018
Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  April 12, 2018
Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1857


Introduced by Assembly Member Nazarian
(Coauthor: Assembly Member Chiu)

January 10, 2018


An act to add Section 18941.11 to the Health and Safety Code, relating to building standards.


LEGISLATIVE COUNSEL'S DIGEST


AB 1857, Nazarian. Building codes: earthquake safety: immediate occupancy standard.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission (commission) for approval and adoption.
This bill would require the commission to assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the working group, by July 1, 2022, to consider whether a “functional recovery” standard is warranted for all or some building occupancy classifications and to investigate the practical means of implementing that standard, as specified. The bill would require the working group to advise the appropriate state agencies to propose the building standards, as specified. The bill would authorize the commission to adopt regulations based upon the recommendations from the working group for nonresidential occupancies. The bill would define “functional recovery” for purposes of these provisions, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18941.11 is added to the Health and Safety Code, to read:

18941.11.
 (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:
(1) The Department of Housing and Community Development.
(2) The Division of the State Architect.
(3) The Office of the State Fire Marshal.
(4) The Structural Engineers Association of California.
(5) California building officials.
(6) The insurance industry.
(7) The Building Owners and Managers Association.
(8)  Members of the construction industry.
(9) The Earthquake Engineering Research Institute.
(10) The California Council of the American Institute of Architects.
(11) The Association of Bay Area Governments.
(12) The Southern California Association of Governments.
(13) The American Society of Civil Engineers.
(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.
(15) The Alfred E. Alquist Seismic Safety Commission.
(16) The California Geological Survey.
(17) The International Code Council.
(b) Not later than July 1, 2022, the functional recovery working group shall do all of the following:
(1) Consider if a “functional recovery” standard is warranted for all or some building occupancy classifications, and investigate the practical means of implementing that standard either as a mandate or as a voluntary measure. If the working group suggests the development of a voluntary or mandatory standard is warranted, the working group shall assist in the preparation of an estimated cost of compliance for use by the appropriate state agencies in meeting the requirements of clause (i) of subparagraph (B) of paragraph (5) of subdivision (b) of Section 11346.2 of the Government Code.
(2) Provide advice to the appropriate state agencies regarding whether the work product of paragraph (1) should apply only to certain specified seismic design categories or to the entire state.
(3) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall advise the appropriate state agencies to propose building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle.
(c) The commission may adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.
(d) For purposes of this section, “functional recovery standard” means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the building’s preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.