Senate BillNo. 335


Introduced by Senator Roth

February 23, 2015


An act to amend Section 10082.5 of the Insurance Code, relating to earthquake insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 335, as introduced, Roth. Earthquake insurance.

Existing law prohibits an insurer who charges an additional earthquake insurance premium or deductible because a dwelling fails to meet certain building requirements relating to earthquake bracing from charging the additional premium or deductible if the dwelling is brought into compliance with those requirements, as specified. Existing law requires a copy of the approved inspection record for the building permit for work performed to bring the dwelling into compliance to be submitted by the insured to the insurer in order to verify that the retrofits have been performed.

This bill would require the additional premium or deductible paid to be refunded to the insured and prorated as of the date the approved inspection record is received by the insurer. The bill would also make technical nonsubstantive, changes by deleting obsolete portions of those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 10082.5 of the Insurance Code is
2amended to read:

P2    1

10082.5.  

(a) If an insurer subject to this chapter charges an
2additional earthquake insurance premium or deductible because a
3dwelling fails to comply with paragraph (1), (2),begin delete (3), (4), or (5)end deletebegin insert or
4(3)end insert
and the dwelling is subsequently brought into compliance with
5any one of these paragraphs, then the additional premium or
6deductible attributed to noncompliance shall not be charged.

begin delete

7(1)  Until December 31, 2008, compliance with the foundation
8anchor bolt requirements of subdivision (f) of Section 2907 of
9Chapter 29 of the 1991 edition of the Uniform Building Code of
10the International Conference of Building Officials, or a successor
11building code adopted by the State of California, or with any local
12government modifications to those requirements.

13(2)  Until December 31, 2008, compliance with the bracing
14requirements for cripple walls of paragraph (4) of subdivision (g)
15of Section 2517 of Chapter 25 of the 1991 edition of the Uniform
16Building Code of the International Conference of Building
17Officials, or a successor building code adopted by the State of
18California, and with any local government modifications to those
19requirements.

20(3)

end delete

21begin insert(1)end insert Compliance with Section 19215 of the Health and Safety
22Code for the bracing, anchoring, or strapping all water heaters to
23resist falling or horizontal displacement due to earthquake motion.

begin delete

24(4) Commencing on January 1, 2009, compliance

end delete

25begin insert(2)end insertbegin insertend insertbegin insertCompliance end insertwith the foundation anchor bolt requirements
26of the 2007 edition of the California Building Standards Code as
27specified in Title 24 of the California Code of Regulations, or a
28successor edition of that code, or with any local government
29modifications to those requirements.

begin delete

30(5) Commencing on January 1, 2009, compliance

end delete

31begin insert(3)end insertbegin insertend insertbegin insertCompliance end insertwith the bracing requirements for cripple walls
32of the 2007 edition of the California Building Standards Code as
33specified in Title 24 of the California Code of Regulations, or a
34successor edition of that code, or with any local government
35modifications to those requirements.

36(b)  A copy of the approved inspection record for the building
37permit for work performed pursuant to this section shall be
38submitted by the insured to the insurer in order to verify that
39retrofits performed pursuant to this section have been performed.
40begin insert The additional premium or deductible paid shall be refunded to
P3    1the insured and prorated as of the date the approved inspection
2record is received by the insurer.end insert



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