Bill Text: CA AB2149 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Gates: standards: inspection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-07-03 - Read second time and amended. Re-referred to Com. on APPR. [AB2149 Detail]

Download: California-2023-AB2149-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2149

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Introduced by Assembly Member Connolly

February 06, 2024

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An act 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 introduced, 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 an automatic or manual vehicular gate, or a gate that is larger than 48 inches wide and 84 inches high, to meet specified standards. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2025, and have it reinspected, thereafter, at least once every 5 years. The bill would require an owner to maintain written certification of the regulated gate by a professional and to make that documentation available to a building official upon request. The bill would make an owner of a regulated gate who fails to comply with these provisions subject to an unspecified civil penalty imposed by the building official. The bill would require the owner of a regulated gate that a professional advises poses an immediate threat to safety to immediately stop the use of the gate until necessary repairs are completed and to engage a qualified and licensed contractor to perform the repairs necessary to mitigate the emergency condition. The bill would require the owner of a regulated gate to engage a contractor to repair a regulated gate that is in need of corrective work within a prescribed period, subject to imposition of a civil penalty by the building official, as specified. 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: YES  

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Bill Text

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

SECTION 1.

 Part 5.6 (commencing with Section 7110) is added to Division 4 of the Civil Code, to read:

PART 5.6. Regulated Gates

7110.

 For purposes of this part, the following definitions shall apply:

(a) “Building official” means the individual invested with the responsibility for overseeing local code enforcement activities, including administration of the building department, interpretation of code requirements, and direction of the code adoption process.

(b) “Owner” means any person, co-partnership, association, corporation or fiduciary, or their authorized agent who has legal or equitable title of, or any interest in, real property upon which a regulated gate is installed.

(c) “Professional” means any licensed gate installer, building inspector licensed by the International Code Council, licensed architect, or licensed engineer authorized to inspect a regulated gate and to provide a written certification.

(d) “Regulated gate” means any automatic vehicular gate, manual vehicular gate, or any gate that is greater than 48 inches or 1219 mm wide or more than 84 inches or 2134 mm high.

(e) “Written certification” means a document attesting that a regulated gate has been inspected by a professional, meets the standards listed in Section 7111, 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 property owner.

(4) Contact information of the inspector.

(5) The inspector’s signature or stamp.

7111.

 (a) Except as provided in subdivision (b), 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 shall be covered.

(4) The gate shall have positive stops meaning that an immovable component that, by its placement, physically impedes the motion of the gate.

(b) A regulated gate with an operator or similar system shall meet the requirements of Underwriters Laboratories, Inc. (UL) 325 and ASTM F2200.

7112.

 (a) On or before July 1, 2025, an owner shall cause a regulated gate to be inspected by a professional, and thereafter reinspected at least once every five years, in accordance with this part. Any work performed on a regulated gate to repair the gate shall result in a safe outcome.

(b) An owner shall maintain written certification by a professional and make that documentation available to the building official upon request.

(c) 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) A regulated gate found by a professional to be in need of repair or replacement shall be corrected by the owner. All necessary permits for repair or replacement shall be obtained from the appropriate local authority. All repair and replacement work shall be performed by a qualified and licensed contractor.

(e) (1) A regulated gate that a professional advises poses 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 qualified and licensed contractor 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, and be reported to the building official.

(2) The owner of a regulated gate that needs corrective work that, in the opinion of a professional, does not pose an immediate threat to safety shall apply for a permit for the repairs within 30 days of receipt of the 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 qualified and licensed contractor to make the repairs, unless an extension of time is granted by the building official.

(3) (A) If the owner does not engage a qualified and licensed contractor to repair the gate within 30 days of having received the necessary permits, the professional who performed the inspection shall notify the owner and the building official.

(B) If the repairs have not been completed within 30 days of having received the notice described in subparagraph (A), the owner shall be assessed a civil penalty by the building official of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the building official.

(f) The building official may recover the reasonable regulatory costs of the enforcement of this part from an owner.

(g) An owner that fails to comply with the requirements of this part shall be subject to a civil penalty imposed by the building official.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.