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Organization Title

CALIFORNIA PUBLIC RESOURCES CODE

Division 2. Geology, Mines and Mining

CHAPTER 8
STRONG-MOTION INSTRUMENTATION PROGRAM

Chapter 8 Index

2700. Establishment of program

There is hereby established in the State of California a strong-motion instrumentation program for the purpose of administering the program and of acquiring strong-motion instruments and installing and maintaining such instruments as needed in representative geologic environments and structures throughout the state.

2701. Organization and monitoring of program

The division shall organize and monitor the program with the advice of the Seismic Safety Commission.

2702. Purchase and installation of instruments

The division shall purchase, install, and maintain instruments in representative structures and geologic environments throughout the state, and shall process the data obtained from such instruments resulting from periodic earthquakes, as deemed necessary and desirable by the Seismic Safety Commission.

2703. Maintenance of instruments; dissemination of data

The division shall maintain and service the strong-motion instruments installed, shall collect and interpret all records from the instruments, and shall make the records, record interpretations, and technical assistance available to the construction industry.

2704. Legislative intent

It is the intent of the Legislature in enacting this chapter to provide adequate instrumentation throughout California.

2705. Building permit fees; Retention of percentage by city or county

(a) All counties and cities shall collect a fee from each applicant for a building permit. Each such fee shall be equal to a specific amount of the proposed building construction for which the building permit is issued as determined by the local building officials. The fee amount shall be assessed in the following way:

(1) Group R occupancies, as defined in the 1985 Uniform Building Code and adopted in Part 2 (commencing with Section 2-101) of Title 24 of the California Code of Regulations, one to three stories in height, except hotels and motels, shall be assessed at the rate of ten dollars ($10) per one hundred thousand dollars ($100,000), with appropriate fractions thereof. Of the amount assessed, three dollars ($3) per one hundred thousand dollars ($100,000), with appropriate fractions thereof, shall be deposited in the Seismic Hazards Identification Fund.

(2) All other buildings shall be assessed at the rate of twenty-one dollars ($21) per one hundred thousand dollars ($100,000), with appropriate fractions thereof. Of the amount assessed, six dollars ($6) per one hundred thousand dollars ($100,000), with appropriate fractions thereof, shall be deposited in the Seismic Hazards Identification Fund.

(3) The fee shall be the amount assessed under paragraph (1) or (2), depending on building type, or fifty cents ($0.50), whichever is the higher.

(b) (1) In lieu of the requirements of subdivision (a), a county or city may elect to include a rate of ten dollars ($10) per one hundred thousand dollars ($100,000), with appropriate fractions thereof, in its basic building permit fee for any Group R occupancy defined in paragraph (1) of subdivision (a), and a rate of twenty-one dollars ($21) per one hundred thousand dollars ($100,000), with appropriate fractions thereof, for all other building types. If collection of the fee is made pursuant to this subdivision, the amount of the fees required to be deposited in the Strong-Motion Instrumentation Special Fund pursuant to Section 2706 shall be equal to the sum of 0.007 percent of the total valuation of any Group R occupancy defined in paragraph (1) of subdivision (a), plus 0.015 percent of the total valuation of all other building types, for which building permits were issued during the accounting period. The remaining amount of fees shall be deposited in the Seismic Hazards Identification Fund pursuant to Section 2699.5. A county or city electing to collect the fee pursuant to this subdivision need not segregate the fees in a fund separate from any fund into which basic building permit fees are deposited.

(2) "Building," for the purpose of this chapter, is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

(c)

(1) A city or county may retain up to 5 percent of the total amount it collects under subdivision (a) or (b) for data utilization, for seismic education incorporating data interpretations from data of the strong-motion instrumentation program and the seismic hazards mapping program, and, in accordance with paragraph (2), for improving the preparation for damage assessment after strong seismic motion events.

(2) A city or county may use any funds retained pursuant to this subdivision to improve the preparation for damage assessment in its jurisdiction only after it provides the Department of Conservation with information indicating to the department that data utilization and seismic education activities have been adequately funded.

2705.5. Deposit of fees in seismic hazards identification fund; information for building permit applicants

The Division of Mines and Geology shall advise all counties and cities as to that portion of the total fees charged pursuant to Section 2705 which is to be deposited in the Seismic Hazards Identification Fund, so that this information may be provided to building permit applicants.

2706. Fund; creation; appropriation

(a) All fees collected pursuant to Section 2705, except for those fees required to be deposited in the Seismic Hazards Identification Fund pursuant to Section 2705, shall be deposited in the State Treasury in the Strong-Motion Instrumentation Special Fund, which fund is hereby created, to be used exclusively for the purposes of this chapter. All moneys in that fund are continuously appropriated to the division for the purposes of this chapter.

(b) This section shall become operative April 1, 1991.

2707. Reduction of fee

The division, upon advice of the Seismic Safety Commission, whenever it determines that an adequate instrumentation program has been achieved, may reduce the fee levied against building permits as provided in Section 2705 to a level sufficient to maintain the program established pursuant to this chapter.

2708. Exemptions from fees [Repealed]

[The repealed section exempted cities and counties from Section 2705 if at least one structure in the community had been instrumented with three accelerographs prior to January 20, 1972, and the city had requested that it be exempted.]

2709. Recession of exemption; request

Any city or county that has been exempted from the provisions of Section 2705 by Section 2708 may participate in the state strong-motion instrumentation program by a written request to the State Geologist by the governing body of such city or county that its exemption be rescinded.

2709.1. Installation contingent on funds received; Structural types subject to section

(a) After January 1, 1988, no strong-motion instrumentation shall be installed pursuant to this chapter in the structural types identified in subdivision (b) unless funds proportionate to the construction value as called for under Section 2705 are received from organizations or entities representing these structural types, or the instrumentation is specifically called for by the Seismic Safety Commission in urgency situations.

(b) The structural types subject to this section include all of the following:

(1) Hospitals.

(2) Dams.

(3) Bridges.

(4) Schools.

(5) Powerplants.

(c) The Strong-Motion Instrumentation Special Fund may accept funds from sources other than the permit fees identified in this chapter. The priority of installations performed under this chapter shall be determined by the Seismic Safety Commission.

NOTE: you may wish to check LegInfo to verify the current version of these code sections.