AB 2149

Bill Subjects

Abstract

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 any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high that is intended to be used by the public, an entire community or neighborhood, or any considerable number of persons, except as specified, to meet certain standards. The bill would require each building department to update, on or before July 1, 2026, its code requirements to ensure that any newly installed regulated gate in its jurisdiction meets those standards. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2026, or upon installation, and have it reinspected, thereafter, at least once every 10 years. The bill would require an owner to maintain a written report regarding the regulated gate's compliance with the specified requirements for at least 10 years and make the report available to the building department upon request. The bill would require the owner of a regulated gate that a professional or qualified employee, as defined, determines, upon inspection, to pose an immediate threat to safety to immediately stop the use of the gate until necessary repairs are completed and to engage a contractor or qualified employee to perform the repairs necessary to mitigate the emergency condition. The bill would require the owner of a regulated gate to engage a contractor or qualified employee to repair a regulated gate that is in need of repairs within a prescribed period, subject to imposition of an administrative fine by the building department, as specified. The bill would deem a regulated gate that fails to comply with these provisions 30 days after the owner of the gate has been notified of the violation, a public nuisance, and specify that in any case in which a government agency seeks to enjoin the continued use of a regulated gate that is in need of repair or replacement or that poses an immediate threat to the safety of the public, an entire community or neighborhood, or any considerable number of persons, the court may award costs, including the costs of investigation and discovery, and reasonable attorney's fees, that are not compensated for pursuant to some other provision of law, to the prevailing party. The bill would authorize a district attorney, county counsel, or city attorney to file a complaint for injunctive relief, or seeking a civil penalty, against an owner of a regulated gate for a violation of these provisions. Because the bill would require local officials to perform additional duties, it would impose a state-mandated local program. This bill would provide that, for regulated gates in existence as of January 1, 2025, its provisions apply only to regulated gates located in schools and parks, as specified. 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.