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HomeHealth and Safety CodeDiv. 12.5Ch. 3§ 16108 Earthquake Hazard Mitigation Standards

§ 16108 Earthquake Hazard Mitigation Standards

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 16108 Earthquake Hazard Mitigation Standards

Key Takeaways

  • •Building owners can choose to follow these rules to make buildings safer in earthquakes, but they don’t have to.
  • •The State Architect can check if a building’s earthquake safety plan is good, but only if asked.
  • •Building owners must pay a fee for the State Architect’s review, but the fee can’t be more than the actual cost of the review.
  • •Local governments can’t force building owners to follow these rules to get permits or approvals.

Example

A school wants to make its old building safer in earthquakes.

The school can ask the State Architect to check their safety plan. The State Architect will review it and tell them if it’s good. The school has to pay a fee for this check, but the fee won’t be more than what the review actually costs. The city can’t force the school to follow these rules to get their building permit.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 16108 Earthquake Hazard Mitigation Standards

(a)  Private and public agency building owners and developers may, and are encouraged to, use the provisions of this chapter for new and existing buildings. Private and public agency building owners and developers are encouraged to consider the building standards enacted by local governments for building reconstruction pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13. (b)  The State Architect, using the advisory committee defined in Section 16022 shall review the suitability of the candidate buildings for earthquake hazard mitigation technologies upon request from building owners or developers, public agencies, or design professionals and shall review the adequacy of the project-specific design and earthquake performance criteria and report its findings to the appropriate public agency prior to the approval of design concepts, preliminary design criteria, geotechnical reports, and ground response reports by the appropriate public agency. (c)  The advisory committee established pursuant to Section 16022 shall be used by the State Architect to perform a peer review of the earthquake hazard mitigation technologies for a project at the State Architect’s discretion or at the request of a building owner, design professional, or responsible public agency. The State Architect may add to the advisory committee additional peers for a particular project from a list of recognized experts in the field of earthquake hazard mitigation technologies. (d)  An appropriate fee for all reviews by the State Architect and advisory committee shall be established by the State Architect and paid for by building owners prior to reviews. The fees established pursuant to this subdivision shall not exceed the actual costs of performing the individual peer review. (e)  No local agency may require any private or public agency, building owner or developer, or their design professionals, to comply with the provisions of this chapter as a condition of local agency review, permitting, or approval. (Added by Stats. 1989, Ch. 988, Sec. 1.)

Last verified: January 23, 2026

Key Terms

performancestate architectporthazardfinesafetymitigationreconstruction

Related Statutes

  • § 16102 Earthquake Mitigation Building Standards
  • § 1531.15 Secured Perimeters For Facilities
  • § 16103 Earthquake Hazard Mitigation Collaboration
  • § 16104 Earthquake Hazard Demonstration Projects
  • § 16106 Earthquake Building Performance Information

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 16108.
View Official Source