In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except
as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law.
(a)CA Civil Law Code § 896(a) With respect to water issues:
(1)CA Civil Law Code § 896(a)(1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any.
(2)CA Civil Law Code § 896(a)(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation,
internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any.
(3)CA Civil Law Code § 896(a)(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any.
(4)CA Civil Law Code § 896(a)(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if
any.
(5)CA Civil Law Code § 896(a)(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any.
(6)CA Civil Law Code § 896(a)(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any.
(7)CA Civil Law Code § 896(a)(7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component.
(8)CA Civil Law Code § 896(a)(8) Foundation systems and
slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application.
(9)CA Civil Law Code § 896(a)(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component.
(10)CA Civil Law Code § 896(a)(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure
or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.
(11)CA Civil Law Code § 896(a)(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any.
(12)CA Civil Law Code § 896(a)(12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This
standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them.
(13)CA Civil Law Code § 896(a)(13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design.
(14)CA Civil Law Code § 896(a)(14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak.
(15)CA Civil Law Code § 896(a)(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems.
(16)CA Civil Law Code § 896(a)(16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system.
(17)CA Civil Law Code § 896(a)(17) Showers, baths, and related
waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components.
(18)CA Civil Law Code § 896(a)(18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system.
(b)CA Civil Law Code § 896(b) With respect to structural issues:
(1)CA Civil Law Code § 896(b)(1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement.
(2)CA Civil Law Code § 896(b)(2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe.
(3)CA Civil Law Code § 896(b)(3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction.
(4)CA Civil Law Code § 896(b)(4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction.
(c)CA Civil Law Code § 896(c) With respect to soil issues:
(1)CA Civil Law Code § 896(c)(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining
wall.
(2)CA Civil Law Code § 896(c)(2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe.
(3)CA Civil Law Code § 896(c)(3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used.
(d)CA Civil Law Code § 896(d) With respect to fire protection issues:
(1)CA Civil Law Code § 896(d)(1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction.
(2)CA Civil Law Code § 896(d)(2) Fireplaces, chimneys, chimney
structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney.
(3)CA Civil Law Code § 896(d)(3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire.
(e)CA Civil Law Code § 896(e) With respect to plumbing and sewer issues:
Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow.
(f)CA Civil Law Code § 896(f) With respect to electrical system issues:
Electrical systems shall operate properly and shall not materially impair
the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow.
(g)CA Civil Law Code § 896(g) With respect to issues regarding other areas of construction:
(1)CA Civil Law Code § 896(g)(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow.
(2)CA Civil Law Code § 896(g)(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations.
(3)Copy CA Civil Law Code § 896(g)(3)
(A)Copy CA Civil Law Code § 896(g)(3)(A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any.
(B)CA Civil Law Code § 896(g)(3)(A)(B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility.
(C)CA Civil Law Code § 896(g)(3)(A)(C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured
offsite.
(D)CA Civil Law Code § 896(g)(3)(A)(D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life.
(E)CA Civil Law Code § 896(g)(3)(A)(E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure.
(4)CA Civil Law Code § 896(g)(4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a
building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008.
(5)CA Civil Law Code § 896(g)(5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor.
(6)CA Civil Law Code § 896(g)(6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply.
However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit.
(7)CA Civil Law Code § 896(g)(7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow.
(8)CA Civil Law Code § 896(g)(8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
(9)CA Civil Law Code § 896(g)(9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than
four years from close of escrow.
(10)CA Civil Law Code § 896(g)(10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow.
(11)CA Civil Law Code § 896(g)(11) Roofing materials shall be installed so as to avoid materials falling from the roof.
(12)CA Civil Law Code § 896(g)(12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
(13)CA Civil Law Code § 896(g)(13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach.
(14)CA Civil Law Code § 896(g)(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow.
(15)CA Civil Law Code § 896(g)(15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard.
