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Notwithstanding Section 19100, all new and replacement water heaters and all existing residential water heaters shall be braced, anchored or strapped to resist falling or horizontal displacement due to earthquake movement. Each water heater shall, as a minimum, be secured in accordance with the California Plumbing Health and safety Code, or as amended by the city, county, or city and county pursuant to § 17958.5.
The seller of any property containing a water heater shall certify to the prospective purchaser that this clause has been complied with. This confirmation must be in writing and may be included in existing transaction documents, including, but not limited to, the Homeowner’s Guide to Earthquake Safety published pursuant to Section 10149 of the Business and Professions Code, a contract for the sale of real estate, or a certificate of deposit or a transfer disclosure statement pursuant to § 1102.6 or 1102.6a of the Civil Code.
An owner of residential rental property shall not evict any person on the ground that the eviction is necessary to comply with this section.
For the purposes of the subsection, “water heater” means any standard water heater with a capacity of 120 gallons or less for which a preformed strapping kit is readily available.
Notwithstanding Section 669 of the Records Code, the failure of any person to comply with this section shall not create a presumption that such person has not exercised due diligence.
Any building or part thereof, including any dwelling unit, guest room, suite, or parts thereof or premises therein, shall be deemed a nuisance if in violation of this section. The owner or his agent shall have the right to remedy any violation of subsection (a) under § 17980.
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