Section 861.5 - Definition of "Structural Defect"For the purposes of subdivision (b) of Section 7091 of the Code, "structural defect" is defined as meaning:
(1) A failure or condition that would probably result in a failure in the load bearing protions of a structure,(2) which portions of the structure are not constructed in compliance with the codes in effect at the time for the location of the structure, provided that,(3) such failure or condition results in the inability to reasonably use the affected portion of the structure for the purpose for which it was intended.Cal. Code Regs. Tit. 16, § 861.5
1. New section filed 8-28-96; operative 9-27-96 (Register 96, No. 35). Note: Authority cited: Sections 7008 and 7091, Business and Professions Code. Reference: Section 7091, Business and Professions Code.
1. New section filed 8-28-96; operative 9-27-96 (Register 96, No. 35).