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.
7113.(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.