Bill Text: CA AB2149 | 2023-2024 | Regular Session | Amended
Bill Title: Gates: standards: inspection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-24 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB2149 Detail]
Download: California-2023-AB2149-Amended.html
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Amended
IN
Senate
June 24, 2024 |
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Amended
IN
Assembly
May 16, 2024 |
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Amended
IN
Assembly
April 17, 2024 |
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Amended
IN
Assembly
April 08, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2149
| Introduced by Assembly Member Connolly |
February 06, 2024 |
An act to amend Section 3496 of, and to add Part 5.6 (commencing with Section 7110) to Division 4 of, the Civil Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
AB 2149, as amended, Connolly.
Gates: standards: inspection.
Existing law authorizes an owner of real property to install and operate on their property an electrified security fence, as defined, to protect and secure commercial, manufacturing, or industrial property, that meets specified requirements, except where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the electrified security fence to meet the requirements of that ordinance.
This bill would require a regulated gate, defined as any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high that is located in an area that is open to
intended to be used by the public, an entire community or neighborhood, or any considerable number of persons, except as specified, to meet certain standards. The bill would require each building department to update, on or before July 1, 2026, its code requirements to ensure that any newly installed regulated gate in its jurisdiction meets those standards. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2026, and have it reinspected, thereafter, at least once every 5 10 years. The bill would require an owner to maintain a written report regarding the regulated gate’s compliance with the specified requirements for at least 5
10 years and make the report available to the building department upon request. The bill would require the owner of a regulated gate that a professional or qualified employee determines, upon inspection, to pose an immediate threat to safety to immediately stop the use of the gate until necessary repairs are completed and to engage a contractor or qualified employee to perform the repairs necessary to mitigate the emergency condition. The bill would require the owner of a regulated gate to engage a contractor or qualified employee to repair a regulated gate that is in need of repairs within a prescribed period, subject to imposition of an administrative fine by the building department, as specified. The bill would deem a regulated gate that fails to comply with these provisions 30 days after the owner of the gate has been notified of the violation, a public nuisance, and specify that in any case in which a government agency seeks to enjoin the continued use of a regulated
gate that is in need of repair or replacement or that poses an immediate threat to the safety of the public, an entire community or neighborhood, or any considerable number of persons, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, that are not compensated for pursuant to some other provision of law, to the prevailing party. The bill would authorize a district attorney, county counsel, or city attorney to file a complaint for injunctive relief, or seeking a civil penalty, against an owner of a regulated gate for a violation of these provisions. Because the bill would require local officials to perform additional duties, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3496 of the Civil Code is amended to read:3496.
In any of the following described cases, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, which are not compensated for pursuant to some other provision of law, to the prevailing party:(a) In any case in which a governmental agency seeks to enjoin the sale, distribution, or public exhibition, for commercial consideration, of obscene matter, as defined in Section 311 of the Penal Code.
(b) In any case in which a governmental agency seeks to enjoin the use of a building or place for the purpose of illegal gambling, lewdness, assignation, human trafficking, or prostitution; or any case
in which a governmental agency seeks to enjoin acts of illegal gambling, lewdness, assignation, human trafficking, or prostitution in or upon a building or place, as authorized in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
(c) In any case in which a governmental agency seeks to enjoin the use of a building or place, or seeks to enjoin in or upon any building or place the unlawful sale, manufacture, service, storage, or keeping or giving away of any controlled substance, as authorized in Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.
(d) In any case in which a governmental agency seeks to enjoin the unlawful sale, service, storage, or keeping or giving away of alcoholic
liquor, as authorized in Article 1 (commencing with Section 11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
(e) In any case in which a governmental agency seeks to enjoin the continued use of a regulated gate, as defined in Section 7111, that is in need of repair or replacement, as specified in Part 5.6 (commencing with Section 7110), and that poses an immediate threat to the safety of the public, an entire community or neighborhood, or any considerable number of persons.
SEC. 2.
Part 5.6 (commencing with Section 7110) is added to Division 4 of the Civil Code, to read:PART 5.6. Regulated Gates
7110.
This part shall be known, and may be cited, as the Alex Quanbeck Gate Safety Act.7111.
For purposes of this part, the following definitions shall apply:(a) “Building department” means the local government office that is responsible for overseeing local code enforcement activities, including administration of the building department, interpretation of code requirements, and direction of the code adoption process in the city, county, or city and county where the regulated gate is located, or the office’s authorized representative.
(b) “Contractor” means a fencing contractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
(c) “Owner” means any person, co-partnership, association, corporation, state agency, local agency, or fiduciary, or their authorized agent who has legal or equitable title of, or any ownership interest in, real property upon which a regulated gate is installed.
(d) “Positive stop” means an immovable component that, by its placement, physically impedes the motion of a regulated gate.
(e) “Professional” means any of the following:
(1) A person who is certified by the International Code Council.
(2) An architect who
is licensed pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code.
(3) An engineer who is licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.
(4) A contractor.
(5) An active local government building inspector.
(f) (1) “Regulated gate” means any gate gate, including a rolling or swinging gate, that weighs more than 50 pounds and is more than 48 inches wide or
more than 84 inches high that is located in an area that is open to intended to be used by the public, an entire community or neighborhood, or any considerable number of persons.
(2) “Regulated gate” does not include a gate that is installed on the premises of a facility that produces, stores, or sells an agricultural product, as defined in Section 54004 of the Food and Agricultural Code, unless that gate is located in an area that is open to the public, an entire community or neighborhood, or any considerable number of persons.
(g) “Written certification” means a document attesting that a regulated
gate has been inspected by a professional or qualified employee, meets the standards listed in Section 7112, and is in good working order. In addition, the document shall clearly include each of the following:
(1) Inspection date.
(2) Site address.
(3) Name of the owner.
(4) Contact information of the professional.
(5) The professional’s signature or stamp.
7112.
(a) A regulated gate shall meet the requirements of ASTM International F900 and F1184, be installed according to the manufacturer’s recommendations, and be designed, constructed, and installed to meet all of the following requirements:(1) The gate shall not fall more than 45 degrees from a vertical plane when it is detached from the supporting hardware.
(2) The gate shall be balanced and shall not move under its own weight.
(3)Rolling wheels, if any, shall have a metal covering.
(4)The gate
(3) A sliding or rolling gate shall have positive stops.
(b) In the case of a regulated gate that is operated by a motor, the regulated gate, in addition to meeting the requirements of subdivision (a), shall have a motorized operator or similar system that meets the requirements of Underwriters Laboratories, Inc. (UL) 325 and ASTM F2200.
(a)
7113.
(a) On or before July 1, 2026, each building department shall update its code requirements to ensure that any newly installed regulated gate in its jurisdiction complies with Sections 7111 and 7112.
(b) On or before July 1, 2026, an owner of a regulated gate shall have the regulated gate inspected by a professional or qualified employee to ensure that the regulated gate complies with the requirements
described in Section 7112 and obtain a written report from the professional or qualified employee that verifies compliance. The owner shall have that regulated gate reinspected at least once every five 10 years thereafter, in accordance with this part. Any repairs performed on a regulated gate shall ensure that the regulated gate continues to comply with the requirements described in Section 7112.
(b)
(c) An owner shall
maintain the written report regarding the regulated gate’s compliance with the requirements described in Section 7112 for at least five 10 years and make the report available to the building department upon request.
(c)
(d) The continued and ongoing maintenance of a regulated gate in a safe and functional condition in compliance with this part shall be the responsibility of the owner.
(d)
(e) A regulated gate found by a professional or qualified employee, upon inspection, to be in need of repair or replacement shall be corrected by the owner. All repair and replacement work shall be performed by a contractor or qualified employee and pursuant to a permit issued by the appropriate local authority, if required.
(e)
(f) (1) A regulated gate that a professional or qualified employee determines, upon inspection, to pose
an immediate threat to safety, or the condition of which prevents the gate from operating safely, shall be considered an emergency condition and the owner shall immediately stop the use of the gate until necessary repairs are completed and engage a contractor or qualified employee to perform the repairs necessary to mitigate the emergency condition. Repairs of emergency conditions shall comply with the requirements of this part, be inspected by a professional or qualified employee, and be reported to the building department.
(2) The owner of a regulated gate that needs repairs, but that, in the opinion of a professional or qualified employee, does not pose an immediate threat to safety shall, if required, apply for a permit for the repairs within 30 days of receipt of the professional’s or qualified employee’s inspection report. If a
permit is required in order to repair the gate, after the permit has been granted, the owner shall have a period of 30 days to engage a contractor or qualified employee and make the repairs, unless an extension of time is granted by the building department.
(3) (A) If the owner does not engage a contractor or use a qualified employee to repair the regulated gate within 30 days of receiving the necessary permits, the professional or qualified employee who performed the inspection shall notify the owner and the building department. The building department shall promptly notify the owner of their responsibility to repair the regulated gate within 30 days and the fact that an administrative fine may be imposed pursuant to this paragraph upon failure of the owner to comply with the notice.
(B) (i) If the repairs have not been completed within 30 days of the date when the building department sends the notice described in subparagraph (A), the owner may be assessed an administrative fine by the building department of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, the regulated gate is inspected by a professional or qualified employee, and the fact of the regulated gate’s repair and compliance with this section is reported to the building department, unless an extension of time is granted by the building department. The building department may also recover its reasonable regulatory costs of enforcement of this part from the owner.
(ii) The proceeds of an administrative fine
or regulatory cost assessed pursuant to this paragraph shall be deposited into the treasury of the local government.
(iii) An owner who is assessed an administrative fine or regulatory cost pursuant to this subparagraph may contest the assessment as provided in subdivision (b) of Section 53069.4 of the Government Code.
(f)
(g) A regulated gate that fails to comply with this part 30 days after the owner of the gate has been notified of the violation pursuant to paragraph (3) of subdivision (e)
(f) is a public nuisance pursuant to Title 2 (commencing with Section 3490) of Part 3.
(h) A district attorney, county council, or city attorney may file a complaint in a court of competent jurisdiction for injunctive relief, or seeking a civil penalty, against an owner of a regulated gate for a violation of this part.
(g)
(i) This section does not affect any of the following:
(1) A property owner’s legal responsibility to maintain their property in a safe condition and any liability the owner has pursuant to existing law for injuries caused by a dangerous condition on their property.
(2) The ability of a building department to inspect real property for compliance with applicable state and local laws and ordinances, oversee local code enforcement activities, interpret state and local building code requirements, direct the code adoption process, and enforce applicable state and local laws and ordinances that govern construction.
(3) The ability of the legislative body of a city, county, or city and county to adopt any ordinance consistent with this section.
