Section 19211 Of Article 8. Water Heater Strapping And Installation From California Health And Safety Code >> Division 13. >> Part 3. >> Chapter 2. >> Article 8.
19211
. (a) Notwithstanding Section 19100, all new and replacement
water heaters, and all existing residential water heaters, shall be
braced, anchored, or strapped to resist falling or horizontal
displacement due to earthquake motion. At a minimum, any water heater
shall be secured in accordance with the California Plumbing Code, or
modifications made thereto by a city, county, or city and county
pursuant to Section 17958.5.
(b) The seller of any real property containing a water heater
shall certify to the prospective purchaser that this section has been
complied with. This certification shall be made in writing, and may
be included in existing transactional documents, including, but not
limited to, the Homeowner's Guide to Earthquake Safety published
pursuant to Section 10149 of the Business and Professions Code, a
real estate sales contract or receipt for deposit, or a transfer
disclosure statement pursuant to Section 1102.6 or 1102.6a of the
Civil Code.
(c) An owner of a residential rental property shall not evict any
person on the basis that the eviction is required in order to comply
with this section.
(d) For the purposes of subdivision (a), "water heater" means any
standard water heater with a capacity of not more than 120 gallons
for which a preengineered strapping kit is readily available.
(e) Notwithstanding Section 669 of the Evidence Code, the failure
of any person to comply with this section shall not create a
presumption of a failure by that person to exercise due care.
(f) Any building or portion thereof, including any dwelling unit,
guestroom, suite of rooms, or portions thereof, or the premises on
which it is located is deemed to be a nuisance if it is in violation
of this section. The owner or the owner's agent shall have the right
to correct any violation of subdivision (a) pursuant to Section
17980.