Article 6Fitness for Occupancy

Section § 17365

Explanation

This law highlights that back in 1933, California set standards for new school buildings to ensure they are safe and well-constructed. While older schools weren't required to meet these standards immediately, the goal was to gradually update or replace them. Thanks to state funding since 1971, significant progress has been made in making older school buildings safer.

The Legislature finds and declares as follows:
(a)CA Education Code § 17365(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)CA Education Code § 17365(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.
school building standards structurally unsafe facilities state funding for schools 1933 urgency act school construction progress school rehabilitation Section 17283 repair of school buildings replacement of school buildings safe school facilities educational facility safety urgent legislative action construction safety standards public school infrastructure school renovations
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17366

Explanation

This section states that the California Legislature wants to periodically review how well progress is being made on improving school facilities. To support this, each school district must create a plan to repair, rebuild, or replace any school buildings that haven't been addressed according to the rules set in this article, ensuring safer environments for students.

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.
school district plan school buildings repair reconstruction replacement safe educational facilities school infrastructure California schoolchildren governing board Legislature review orderly repair
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17367

Explanation

This law requires school districts to ensure that any school buildings not originally constructed with approved plans are examined for safety by January 1, 1970. If a building is found unsafe, the district must estimate the costs to repair, reconstruct, or replace it to meet safety standards. The focus is on protecting life and preventing injuries. The board must also prioritize which buildings need urgent attention based on these reports.

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.
school buildings assessment structural safety repair costs estimation building reconstruction safety standards Department of General Services licensed structural engineer licensed architect modern educational needs State Allocation Board area per pupil cost per square foot protection of life personal injury prevention system of priorities for repairs
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17368

Explanation

This section defines what counts as a "school building" and what doesn't for certain legal purposes. It includes structures students can occupy but excludes small bleachers, buildings for storage or administration that students don't visit, and facilities used solely for adult education, among others. If a building is excluded but doesn't meet specific earthquake safety standards, a notice must be posted on it to inform the public of its potential safety risks.

“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.
school buildings earthquake safety pupil occupancy adult education exclusion public notice requirement structural standards bleachers exemption storage buildings voluntary adult education admin office exclusion swimming pool yard equipment lighting poles grandstand exclusion apprentice courses
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17369

Explanation

This section clarifies what is not considered a "school building" for certain legal purposes. Specifically, buildings primarily used by various public entities—like cities or counties—for non-educational activities are not categorized as school buildings, even if they sometimes host educational functions. However, school districts and county superintendent offices are excluded from this definition.

“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.
school building definition non-educational purposes public entity buildings exclusion of school districts city and county buildings special district buildings
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17370

Explanation
This law states that members of a school district's governing board are still responsible for any legal liabilities related to personal injuries or property damage, unless Section 17371 provides otherwise.
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.
school district liability governing board member personal injury liability property damage responsibility Section 17371 liability exemption injury liability legal responsibility board member accountability school governance school board duties liability risks legal liabilities public school responsibility district governance
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17371

Explanation

This section protects school district board members and hired engineers or architects from being personally held liable if a school building doesn't meet certain construction standards, as long as they follow specific compliance procedures. Board members are not liable if they start following the compliance process laid out in Section 17367. Engineers or architects are also protected from liability for building issues if they've exercised professional diligence while performing their duties.

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.
school district liability personal liability governing board members construction standards compliance procedures Section 17367 Section 17280 structural engineer licensed architect professional diligence building safety structural inadequacy property damage protection injury liability school building examination
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17372

Explanation

This law says that unsafe school buildings cannot be used unless they've been repaired or have special permission to be used temporarily. Schools must fix or rebuild these buildings, and if not done by June 30, 1975, permission is needed to use them. Permission lasts until either the buildings are fixed or until June 30, 1977, whichever is sooner. Portable buildings can still be used temporarily but only if 20% of the district’s schools need serious repairs. These portable buildings don't have to meet the normal building rules during their temporary use.

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.
school building safety repair and reconstruction State Allocation Board portable buildings temporary housing needs unsafe facilities reconstruction requirements school district governing board building use authorization commencement of work construction contract replacement facilities June 30 1975 deadline June 30 1977 deadline Article 3 exemptions
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17373

Explanation

If a school district in California doesn't have money to repair, rebuild, or replace school buildings, it must apply for funds available under Article 9. The district must accept and repay any funds it receives, even if it's less than what was requested. Also, if funds from a tax increase are used to match these state funds, the district can proceed without needing a public vote, as usually required.

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.
school district funding repair funds reconstruction funds school building replacement Article 9 funds tax increase matching fund repayment public vote requirement California school construction Section 16320 fund disbursement tax levies school construction financing Section 39230 Section 39230.5
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17374

Explanation

This law says that if any money was made from a specific tax increase before July 1, 1975, and wasn't spent by that date, school districts can use it to finish repairing, rebuilding, or replacing school buildings that needed these fixes but weren't completed by then.

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.
tax revenue school district structural repair reconstruction replacement school building Section 17367 unspent funds governing board tax increase Chapter 36 of the Statutes of 1977 corrective structural repair July 1 1975 Section 39230
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)