California 2017 2017-2018 Regular Session

California Assembly Bill AB1857 Amended / Bill

Filed 04/03/2018

                    Amended IN  Assembly  April 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1857Introduced by Assembly Member Nazarian(Coauthor: Assembly Member Chiu)January 10, 2018 An act to add Section 18941.11 to the Health and Safety Code, relating to building standards. LEGISLATIVE COUNSEL'S DIGESTAB 1857, as amended, Nazarian. Building codes: earthquake safety: immediate occupancy standard.The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission (commission) for approval and adoption.This bill would require the commission to adopt earthquake standards for engineered buildings meeting immediate occupancy standards, as defined, to be included in the next triennial edition of the California Building Code, as specified. Until the immediate occupancy standard is adopted, the bill would require the commission to adopt a strength and stiffness standard, as defined, for engineered buildings that is 1.5 times the level of the current standard. assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the group, by July 1, 2020, to investigate and determine criteria for a functional recovery standard following a seismic event, for all or some building occupancy classifications and to direct the Department of Housing and Community Development (department) to propose the appropriate building standards for consideration by the commission, as specified. The bill would require the commission and the department to produce a document providing guidance to, among others, building owners and local jurisdictions regarding function recovery after a seismic event, in the event that new building standards are not in place by January 1, 2023, as specified. The bill would authorize the commission and the department to issue regulations based upon the recommendations from the group. The bill would define functional recovery for purposes of these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:(1) The Department of Housing and Community Development. (2) The Structural Safety Department of the Division of the State Architect.(3) The International Code Council.(4) The Structural Engineers Association of California.(5) California building officials.(6) The insurance industry. (7) The Building Owners and Managers Association.(8) Members of the construction industry.(9) The Earthquake Engineering Research Institute.(10) The California Council of the American Institute of Architects.(11) The Association of Bay Area Governments.(12) The Southern California Association of Governments.(13) The American Society of Civil Engineers.(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: (1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.SECTION 1.Section 18941.11 is added to the Health and Safety Code, to read:18941.11.(a)The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, adopt, approve, codify, and publish mandatory building standards that require engineered buildings to be built to an immediate occupancy standard regarding seismic safety. Until an immediate occupancy standard is adopted, the commission shall adopt, by supplement to the triennial building code, a strength and stiffness standard for engineered buildings that is one and one-half times the level of the current standard.(b)In proposing and adopting the standards referenced in subdivision (a), the commission shall actively consult with interested parties, including, local building officials, contractors, developers, and engineers.(c)The standards referenced in subdivision (a) shall apply to new construction of engineered buildings.(d)The standards adopted under this section shall not apply to hospitals, schools, or public buildings unless the adopted standard exceeds the existing standard for these types of buildings.(e)For purposes of this section, the following terms have the following meanings:(1)Engineered building means a building designed by an engineer to satisfy certain load and resistance requirements in design standards adopted by the jurisdiction. Engineered buildings do not include one-, two-, and three-story single family homes and buildings consisting of three or more townhouse units.(2)Immediate occupancy means a postearthquake damage state in which only very limited structural damage has occurred. The basic vertical- and lateral-force-resisting systems of the building retain almost all of their preearthquake strength and stiffness. The risk of life-threatening injury as a result of structural damage is very low, and although some minor structural repairs might be appropriate, these repairs would generally not be required before reoccupancy. Continued use of the building is not limited by its structural condition but might be limited by damage or disruption to nonstructural elements of the building, furnishings, or equipment and availability of external utility services.(3)Strength and stiffness requirement means the design of an ordinary building would be at least 50 percent stronger and stiffer than otherwise required.

 Amended IN  Assembly  April 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1857Introduced by Assembly Member Nazarian(Coauthor: Assembly Member Chiu)January 10, 2018 An act to add Section 18941.11 to the Health and Safety Code, relating to building standards. LEGISLATIVE COUNSEL'S DIGESTAB 1857, as amended, Nazarian. Building codes: earthquake safety: immediate occupancy standard.The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission (commission) for approval and adoption.This bill would require the commission to adopt earthquake standards for engineered buildings meeting immediate occupancy standards, as defined, to be included in the next triennial edition of the California Building Code, as specified. Until the immediate occupancy standard is adopted, the bill would require the commission to adopt a strength and stiffness standard, as defined, for engineered buildings that is 1.5 times the level of the current standard. assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the group, by July 1, 2020, to investigate and determine criteria for a functional recovery standard following a seismic event, for all or some building occupancy classifications and to direct the Department of Housing and Community Development (department) to propose the appropriate building standards for consideration by the commission, as specified. The bill would require the commission and the department to produce a document providing guidance to, among others, building owners and local jurisdictions regarding function recovery after a seismic event, in the event that new building standards are not in place by January 1, 2023, as specified. The bill would authorize the commission and the department to issue regulations based upon the recommendations from the group. The bill would define functional recovery for purposes of these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 03, 2018

Amended IN  Assembly  April 03, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1857

Introduced by Assembly Member Nazarian(Coauthor: Assembly Member Chiu)January 10, 2018

Introduced by Assembly Member Nazarian(Coauthor: Assembly Member Chiu)
January 10, 2018

 An act to add Section 18941.11 to the Health and Safety Code, relating to building standards. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1857, as amended, Nazarian. Building codes: earthquake safety: immediate occupancy standard.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission (commission) for approval and adoption.This bill would require the commission to adopt earthquake standards for engineered buildings meeting immediate occupancy standards, as defined, to be included in the next triennial edition of the California Building Code, as specified. Until the immediate occupancy standard is adopted, the bill would require the commission to adopt a strength and stiffness standard, as defined, for engineered buildings that is 1.5 times the level of the current standard. assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the group, by July 1, 2020, to investigate and determine criteria for a functional recovery standard following a seismic event, for all or some building occupancy classifications and to direct the Department of Housing and Community Development (department) to propose the appropriate building standards for consideration by the commission, as specified. The bill would require the commission and the department to produce a document providing guidance to, among others, building owners and local jurisdictions regarding function recovery after a seismic event, in the event that new building standards are not in place by January 1, 2023, as specified. The bill would authorize the commission and the department to issue regulations based upon the recommendations from the group. The bill would define functional recovery for purposes of these provisions.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission (commission) for approval and adoption.

This bill would require the commission to adopt earthquake standards for engineered buildings meeting immediate occupancy standards, as defined, to be included in the next triennial edition of the California Building Code, as specified. Until the immediate occupancy standard is adopted, the bill would require the commission to adopt a strength and stiffness standard, as defined, for engineered buildings that is 1.5 times the level of the current standard. assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the group, by July 1, 2020, to investigate and determine criteria for a functional recovery standard following a seismic event, for all or some building occupancy classifications and to direct the Department of Housing and Community Development (department) to propose the appropriate building standards for consideration by the commission, as specified. The bill would require the commission and the department to produce a document providing guidance to, among others, building owners and local jurisdictions regarding function recovery after a seismic event, in the event that new building standards are not in place by January 1, 2023, as specified. The bill would authorize the commission and the department to issue regulations based upon the recommendations from the group. The bill would define functional recovery for purposes of these provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:(1) The Department of Housing and Community Development. (2) The Structural Safety Department of the Division of the State Architect.(3) The International Code Council.(4) The Structural Engineers Association of California.(5) California building officials.(6) The insurance industry. (7) The Building Owners and Managers Association.(8) Members of the construction industry.(9) The Earthquake Engineering Research Institute.(10) The California Council of the American Institute of Architects.(11) The Association of Bay Area Governments.(12) The Southern California Association of Governments.(13) The American Society of Civil Engineers.(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: (1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.SECTION 1.Section 18941.11 is added to the Health and Safety Code, to read:18941.11.(a)The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, adopt, approve, codify, and publish mandatory building standards that require engineered buildings to be built to an immediate occupancy standard regarding seismic safety. Until an immediate occupancy standard is adopted, the commission shall adopt, by supplement to the triennial building code, a strength and stiffness standard for engineered buildings that is one and one-half times the level of the current standard.(b)In proposing and adopting the standards referenced in subdivision (a), the commission shall actively consult with interested parties, including, local building officials, contractors, developers, and engineers.(c)The standards referenced in subdivision (a) shall apply to new construction of engineered buildings.(d)The standards adopted under this section shall not apply to hospitals, schools, or public buildings unless the adopted standard exceeds the existing standard for these types of buildings.(e)For purposes of this section, the following terms have the following meanings:(1)Engineered building means a building designed by an engineer to satisfy certain load and resistance requirements in design standards adopted by the jurisdiction. Engineered buildings do not include one-, two-, and three-story single family homes and buildings consisting of three or more townhouse units.(2)Immediate occupancy means a postearthquake damage state in which only very limited structural damage has occurred. The basic vertical- and lateral-force-resisting systems of the building retain almost all of their preearthquake strength and stiffness. The risk of life-threatening injury as a result of structural damage is very low, and although some minor structural repairs might be appropriate, these repairs would generally not be required before reoccupancy. Continued use of the building is not limited by its structural condition but might be limited by damage or disruption to nonstructural elements of the building, furnishings, or equipment and availability of external utility services.(3)Strength and stiffness requirement means the design of an ordinary building would be at least 50 percent stronger and stiffer than otherwise required.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:(1) The Department of Housing and Community Development. (2) The Structural Safety Department of the Division of the State Architect.(3) The International Code Council.(4) The Structural Engineers Association of California.(5) California building officials.(6) The insurance industry. (7) The Building Owners and Managers Association.(8) Members of the construction industry.(9) The Earthquake Engineering Research Institute.(10) The California Council of the American Institute of Architects.(11) The Association of Bay Area Governments.(12) The Southern California Association of Governments.(13) The American Society of Civil Engineers.(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: (1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.

SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:

### SECTION 1.

18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:(1) The Department of Housing and Community Development. (2) The Structural Safety Department of the Division of the State Architect.(3) The International Code Council.(4) The Structural Engineers Association of California.(5) California building officials.(6) The insurance industry. (7) The Building Owners and Managers Association.(8) Members of the construction industry.(9) The Earthquake Engineering Research Institute.(10) The California Council of the American Institute of Architects.(11) The Association of Bay Area Governments.(12) The Southern California Association of Governments.(13) The American Society of Civil Engineers.(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: (1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.

18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:(1) The Department of Housing and Community Development. (2) The Structural Safety Department of the Division of the State Architect.(3) The International Code Council.(4) The Structural Engineers Association of California.(5) California building officials.(6) The insurance industry. (7) The Building Owners and Managers Association.(8) Members of the construction industry.(9) The Earthquake Engineering Research Institute.(10) The California Council of the American Institute of Architects.(11) The Association of Bay Area Governments.(12) The Southern California Association of Governments.(13) The American Society of Civil Engineers.(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: (1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.

18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:(1) The Department of Housing and Community Development. (2) The Structural Safety Department of the Division of the State Architect.(3) The International Code Council.(4) The Structural Engineers Association of California.(5) California building officials.(6) The insurance industry. (7) The Building Owners and Managers Association.(8) Members of the construction industry.(9) The Earthquake Engineering Research Institute.(10) The California Council of the American Institute of Architects.(11) The Association of Bay Area Governments.(12) The Southern California Association of Governments.(13) The American Society of Civil Engineers.(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: (1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.



18941.11. (a) The Building Standards Commission shall assemble a functional recovery working group comprised of appropriate public and private sector entities, including, but not limited to:

(1) The Department of Housing and Community Development. 

(2) The Structural Safety Department of the Division of the State Architect.

(3) The International Code Council.

(4) The Structural Engineers Association of California.

(5) California building officials.

(6) The insurance industry. 

(7) The Building Owners and Managers Association.

(8) Members of the construction industry.

(9) The Earthquake Engineering Research Institute.

(10) The California Council of the American Institute of Architects.

(11) The Association of Bay Area Governments.

(12) The Southern California Association of Governments.

(13) The American Society of Civil Engineers.

(14) The Los Angeles Economic Development Council or an economic development organization representing a metropolitan region in the state.

(b) Not later than July 1, 2020, the functional recovery working group shall do both of the following: 

(1) Investigate and determine criteria for a functional recovery standard for all or some building occupancy classifications, and investigate and determine practical means of implementing that standard, as mandatory building code provisions. This shall be done for each of the seismic design categories applicable to the state.

(2) Subsequent to development of the building code provisions pursuant to paragraph (1), the working group shall direct the commission and the Department of Housing and Community Development to propose the appropriate building standards for consideration by the commission during the next regularly scheduled Triennial Adoption Cycle occurring after January 1, 2020.

(c) If the mandatory building code provisions under subdivision (b) are not completed in time for inclusion with the California Building Standards Code, effective January 1, 2023, the commission and department shall produce a guidance document for use by architects, building owners, insurance companies, and local jurisdictions that would provide a higher level of structural strength in new construction with the goal of enabling functional recovery after a significant seismic event. The commission is authorized to take the steps necessary to produce and distribute this document to interested parties via its Internet Web site and other venues.

(d) The commission and the department are authorized to adopt regulations based upon the recommendations resulting from the working group for nonresidential occupancies. These regulations shall comply with the requirements of the Administrative Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.

(e) For purposes of this section, functional recovery standard means a set of enforceable building code provisions and regulations that provide specific design and construction requirements intended to result in a building for which postearthquake structural and nonstructural capacity are maintained or can be restored to support the basic intended functions of the buildings preearthquake use and occupancy within a maximum acceptable time, where the maximum acceptable time might differ for various uses or occupancies.





(a)The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, adopt, approve, codify, and publish mandatory building standards that require engineered buildings to be built to an immediate occupancy standard regarding seismic safety. Until an immediate occupancy standard is adopted, the commission shall adopt, by supplement to the triennial building code, a strength and stiffness standard for engineered buildings that is one and one-half times the level of the current standard.



(b)In proposing and adopting the standards referenced in subdivision (a), the commission shall actively consult with interested parties, including, local building officials, contractors, developers, and engineers.



(c)The standards referenced in subdivision (a) shall apply to new construction of engineered buildings.



(d)The standards adopted under this section shall not apply to hospitals, schools, or public buildings unless the adopted standard exceeds the existing standard for these types of buildings.



(e)For purposes of this section, the following terms have the following meanings:



(1)Engineered building means a building designed by an engineer to satisfy certain load and resistance requirements in design standards adopted by the jurisdiction. Engineered buildings do not include one-, two-, and three-story single family homes and buildings consisting of three or more townhouse units.



(2)Immediate occupancy means a postearthquake damage state in which only very limited structural damage has occurred. The basic vertical- and lateral-force-resisting systems of the building retain almost all of their preearthquake strength and stiffness. The risk of life-threatening injury as a result of structural damage is very low, and although some minor structural repairs might be appropriate, these repairs would generally not be required before reoccupancy. Continued use of the building is not limited by its structural condition but might be limited by damage or disruption to nonstructural elements of the building, furnishings, or equipment and availability of external utility services.



(3)Strength and stiffness requirement means the design of an ordinary building would be at least 50 percent stronger and stiffer than otherwise required.