Chapter 3. Earthquake Hazard Mitigation Technologies of California Health And Safety Code >> Division 12.5. >> Chapter 3.
As used in this chapter:
(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) "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) "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) "Public agency" means any state agency, any county, city and
county, city, regional agency, public district, redevelopment agency,
or any other political subdivision.
(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
(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
(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) 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) Determine the procedure for estimating the life cycle costs of
a building designed and constructed according to the provisions of
(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) The advisory board established pursuant to Section 16022 shall
advise the State Architect in the development of regulations for
(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) 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) 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) 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.
(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) One demonstration project shall be a new building and two
projects shall be existing buildings.
(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.
(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) 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.
(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) No provision of this chapter shall apply to the Regents of the
University of California unless the regents, by resolution, make the
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.
(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
(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) 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) 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) 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.
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.
The State Architect shall periodically inform the Seismic
Safety Commission with respect to the implementation and
administration of this chapter.