Section § 16100

Explanation

This law section defines key terms related to earthquake safety measures. It specifies that 'earthquake hazard mitigation technologies' involve methods like seismic isolation and damping systems to protect buildings from earthquake damage, excluding those covered by older codes. 'Life cycle cost' refers to all costs associated with a building's life, like construction, insurance, maintenance, and potential earthquake-related disruptions. 'Peer review' involves an assessment by experts from various fields who are independent of the project, to ensure designs meet safety standards. Finally, a 'public agency' includes a range of governmental bodies, from state to local entities.

As used in this chapter:
(a)CA Health and Safety Code § 16100(a)  “Earthquake hazard mitigation technologies” includes, but is not limited to, seismic isolation, energy dissipation, ductility, damping systems, and other technologies which endeavor to reasonably protect buildings and nonstructural components, building contents, and functional capability from earthquake damage. Earthquake hazard mitigation technologies do not include those technologies with detailed code provisions in the 1988 edition of the model codes as defined in Section 18916.
(b)CA Health and Safety Code § 16100(b)  “Life cycle cost” includes, but is not limited to, the present value of the cost of initial construction, earthquake insurance premiums, operating and maintenance costs, physical earthquake damage cost to the facility, and related earthquake disruption costs including, but not limited to, loss of production or loss of business anticipated over the projected useful life of the building.
(c)CA Health and Safety Code § 16100(c)  “Peer review” is a review conducted by a multidisciplinary group of experienced technical professionals, including, but not limited to, architects and structural and geotechnical engineers who have recognized expertise in the design and performance of earthquake hazard mitigation technologies, who are independent of the subject of the review, and who are peers with the same professional registration as that of the design professionals responsible for the subject of the review.
(d)CA Health and Safety Code § 16100(d)  “Public agency” means any state agency, any county, city and county, city, regional agency, public district, redevelopment agency, or any other political subdivision.

Section § 16101

Explanation

This law requires the Seismic Safety Commission, along with the State Architect, to create and propose a policy about acceptable earthquake risk levels for state-owned buildings to the Legislature. This policy was due by January 1, 1991.

Additionally, the State Architect must work with state agencies to identify which activities within state buildings are crucial for operations after an earthquake.

(a)CA Health and Safety Code § 16101(a)  The Seismic Safety Commission, in cooperation with the State Architect, shall develop a state policy on acceptable levels of earthquake risk for new and existing state-owned buildings and submit their policy to the Legislature for consideration by January 1, 1991.
(b)CA Health and Safety Code § 16101(b)  The State Architect, in conjunction with state agency owners and operators of buildings, shall identify activities carried out within state-owned buildings which are necessary for postearthquake operation.

Section § 16102

Explanation

This law requires the State Architect to create regulations by January 1, 1992, that detail how to use earthquake hazard mitigation technologies in buildings. These regulations must include design and performance standards aimed at minimizing earthquake damage or keeping buildings operational after an earthquake. Additionally, the regulations should outline how to estimate the life cycle costs of buildings using these technologies and set guidelines for deciding if these technologies are better than traditional construction methods, based on specific project needs and costs.

An advisory board will help the State Architect develop these regulations.

(a)CA Health and Safety Code § 16102(a)  The State Architect shall develop and adopt by January 1, 1992, regulations for the application of earthquake hazard mitigation technologies to buildings which do all of the following:
(1)CA Health and Safety Code § 16102(a)(1)  Prescribe design criteria and performance standards with the objective of reasonably ensuring the limitation of earthquake damage or the continuous operational capability of buildings with earthquake hazard mitigation technologies, or both.
(2)CA Health and Safety Code § 16102(a)(2)  Determine the procedure for estimating the life cycle costs of a building designed and constructed according to the provisions of this chapter.
(3)CA Health and Safety Code § 16102(a)(3)  Establish the criteria for determining the suitability of earthquake hazard mitigation technology as compared to conventional construction considering project-specific design requirements and life cycle costs.
(b)CA Health and Safety Code § 16102(b)  The advisory board established pursuant to Section 16022 shall advise the State Architect in the development of regulations for this chapter.

Section § 16103

Explanation

The State Architect in California is responsible for collaborating with various stakeholders, such as state agencies and professional organizations, to enhance earthquake safety standards. The State Architect will also promote educational efforts to help design professionals and building officials understand new earthquake hazard technologies through forums and seminars.

Additionally, there is an emphasis on increasing funding and resources for earthquake research, like shake tables, from both public and private sectors.

Finally, the State Architect must partner with engineering organizations to propose regulations to the International Conference of Building Officials to be considered for inclusion in future building codes, with a deadline set for August 1, 1993.

(a)CA Health and Safety Code § 16103(a)  The State Architect shall seek the advice and cooperation of appropriate state agencies, structural and earthquake engineering professional organizations, the California Building Officials, the International Conference of Building Officials, and other professional organizations or associations to carry out the provisions of this section.
(b)CA Health and Safety Code § 16103(b)  The State Architect shall encourage technical and professional societies to conduct forums and seminars to increase the understanding of design professionals and building officials about new earthquake hazard mitigation technologies.
(c)CA Health and Safety Code § 16103(c)  The State Architect shall encourage state and federal governments, the University of California, other state agencies, the private educational institutions and the private sector to increase the availability of earthquake research funds and equipment, including, but not limited to, shake tables. The State Architect shall encourage the development of educational materials for earthquake hazard mitigation technologies.
(d)CA Health and Safety Code § 16103(d)  The State Architect, in cooperation with structural engineering professional organizations, shall submit the regulations developed according to this chapter to the International Conference of Building Officials for consideration of adoption in future model codes, as defined in Section 18916, by August 1, 1993.

Section § 16104

Explanation

This law section outlines how the State Architect will choose certain buildings to test and demonstrate earthquake hazard reduction technologies. These projects, intended to serve as examples, will involve three state-owned buildings: one newly built and two existing structures. The selected buildings can be proposed by various state agencies but need the approval of the State Architect.

Additionally, these demonstration projects should be equipped with monitoring devices to track structural movements during earthquakes, overseen by the Strong Motion Instrumentation Program. The intent is for the costs of such monitoring to be covered by the funds allocated for constructing the building.

(a)CA Health and Safety Code § 16104(a)  The State Architect shall select suitable buildings and provide direction and supervision for the use of earthquake hazard mitigation technologies on three buildings owned by the Department of General Services, or other state-owned buildings proposed by another state agency, as demonstration projects. Buildings owned by the University of California, the California State University, the Department of Corrections, or other state agencies may be proposed as demonstration projects by the respective state agency but are subject to the approval of the State Architect for selection as a demonstration project and review by the State Architect according to provisions of this chapter.
(b)CA Health and Safety Code § 16104(b)  One demonstration project shall be a new building and two projects shall be existing buildings.
(c)CA Health and Safety Code § 16104(c)  It is in the best interest of the state that these demonstration projects should be fully instrumented and monitored by the Strong Motion Instrumentation Program (Chapter 8 (commencing with Section 2700) of Division 2 of the Public Resources Code) of the Division of Mines and Geology. The Strong Motion Instrumentation Program is encouraged to instrument these demonstration projects. The State Architect shall consult with the Strong Motion Instrumentation Program prior to the selection of demonstration projects.
It is the intent of the Legislature that the cost of instrumentation be funded by the appropriation that funds the construction of the building.

Section § 16106

Explanation

The State Architect is responsible for creating and sharing materials that explain how buildings are expected to perform during earthquakes, based on different building codes and hazard mitigation technologies. This information is made available to government agencies and the public to help them understand earthquake risks.

Additionally, the State Architect provides information to insurance companies, building owners, and the public about how using earthquake hazard mitigation can significantly reduce damage, lower insurance costs, and minimize disruption during earthquakes.

(a)CA Health and Safety Code § 16106(a)  The State Architect shall develop and publish informational material describing the anticipated earthquake performance of new and existing buildings afforded by current and earlier building codes, the threat of earthquakes, and earthquake hazard mitigation technologies. This information shall be made available to the federal government, public agencies, and the public to assist building owners, occupants, and managers to better understand the anticipated earthquake performance of buildings.
(b)CA Health and Safety Code § 16106(b)  The State Architect shall provide information by various methods, including publications and seminars, to insurance companies, building owners, and the general public explaining the significant reductions in damage to buildings and contents which may be effected through the use of earthquake hazard mitigation technologies with the objective of encouraging the use of these technologies, reducing earthquake damage and disruption, and reducing insurance premiums for earthquake peril coverage.

Section § 16107

Explanation

This law encourages the University of California, California State University, the Department of Corrections, and public agencies to create and use policies that consider the lowest reasonable costs over the life of a project, following a similar method as outlined in a different section.

However, the University of California's Board of Regents is not required to comply with this unless they choose to do so by passing a resolution.

(a)CA Health and Safety Code § 16107(a)  The University of California, the California State University, the Department of Corrections, and public agencies are encouraged to develop and implement policies and performance standards according to lowest reasonable life cycle costs in a similar manner to Section 16101.
(b)CA Health and Safety Code § 16107(b)  No provision of this chapter shall apply to the Regents of the University of California unless the regents, by resolution, make the provision applicable.

Section § 16107.5

Explanation

This law ensures that the authority of a design professional, who signs off on plans and specifications for a project, is not reduced or changed by any part of this chapter or its related regulations.

No provision of this chapter or the regulations adopted pursuant thereto, shall reduce, alter, or diminish the authority of the design professional who signs the plans and specifications for a project subject to this chapter.

Section § 16108

Explanation

This law encourages both private and public building owners and developers to use specific guidelines for building design and reconstruction, especially in relation to earthquake safety. Local governments have set certain standards that they suggest incorporating into building projects.

The State Architect is responsible for evaluating how well buildings meet earthquake safety standards when asked by relevant parties. An advisory committee is available to provide expert peer reviews of these evaluations.

Building owners must pay fees for these evaluations, which cover the costs of the review process. Importantly, local agencies cannot mandate compliance with these guidelines as a condition for design approval.

(a)CA Health and Safety Code § 16108(a)  Private and public agency building owners and developers may, and are encouraged to, use the provisions of this chapter for new and existing buildings. Private and public agency building owners and developers are encouraged to consider the building standards enacted by local governments for building reconstruction pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13.
(b)CA Health and Safety Code § 16108(b)  The State Architect, using the advisory committee defined in Section 16022 shall review the suitability of the candidate buildings for earthquake hazard mitigation technologies upon request from building owners or developers, public agencies, or design professionals and shall review the adequacy of the project-specific design and earthquake performance criteria and report its findings to the appropriate public agency prior to the approval of design concepts, preliminary design criteria, geotechnical reports, and ground response reports by the appropriate public agency.
(c)CA Health and Safety Code § 16108(c)  The advisory committee established pursuant to Section 16022 shall be used by the State Architect to perform a peer review of the earthquake hazard mitigation technologies for a project at the State Architect’s discretion or at the request of a building owner, design professional, or responsible public agency. The State Architect may add to the advisory committee additional peers for a particular project from a list of recognized experts in the field of earthquake hazard mitigation technologies.
(d)CA Health and Safety Code § 16108(d)  An appropriate fee for all reviews by the State Architect and advisory committee shall be established by the State Architect and paid for by building owners prior to reviews. The fees established pursuant to this subdivision shall not exceed the actual costs of performing the individual peer review.
(e)CA Health and Safety Code § 16108(e)  No local agency may require any private or public agency, building owner or developer, or their design professionals, to comply with the provisions of this chapter as a condition of local agency review, permitting, or approval.

Section § 16109

Explanation

This law states that if a building project involving earthquake safety measures needs approval from more than one public agency, these agencies should try to hold their required hearings together. The goal is to save time by consolidating the hearings. However, this joint hearing approach only affects the process and does not change the individual responsibilities each agency has toward the project.

In the event that a project involving buildings utilizing earthquake mitigation technologies and other new seismic resistant design technologies requires design review and plan approval by more than one public agency, the Coordinating Council of the Building Standards Commission shall, to the maximum extent feasible, consolidate the various hearings which may be required in order to minimize the time required for the hearings. This consolidation shall be for procedural purposes only and shall not be construed as consolidating the statutory responsibilities of the public agencies conducting the consolidated hearings.

Section § 16110

Explanation

This law requires the State Architect to regularly update the Seismic Safety Commission about how this specific chapter is being put into practice and managed.

The State Architect shall periodically inform the Seismic Safety Commission with respect to the implementation and administration of this chapter.