Van De Kamp, 021684 CAAGO, AGO 83-1003

• Case Date: February 16, 1984
• Court: California

JOHN K. VAN DE KAMP Attorney General RODNEY O. LILYQUIST Deputy Attorney General AGO 83-1003 No. 83-1003 California Attorney General Opinion Office of the Attorney General State of California February 16, 1984          THE HONORABLE ART TORRES, MEMBER, CALIFORNIA STATE SENATE, has requested an opinion on the following question'          Are the earthquake safety standards of the Field Act applicable to a building leased for a period in excess of three years by a school district to provide health services to pupils, where the pupils enter the building voluntarily to obtain the services?          CONCLUSION          The earthquake safety standards of the Field Act are applicable to a building leased by a school district for a period in excess of three years to provide health services to pupils, where the pupils enter the building voluntarily to obtain the services.          ANALYSIS          Education Code section 392501 provides:

"The governing board of a school district may: "(a) Lease buildings and other facilities such as administrative offices, warehouses, athletic facilities, outdoor assembly facilities, auditoriums, quarters for adult education, transportation facilities, and communication facilities, for a period of not to exceed 12 years. "(b) Lease property from the federal government, the state, or any county, city or district for the purpose of constructing school buildings, and facilities thereon. "Excepting as otherwise provided, any building leased for a total time in excess of three years, or under a lease-purchase agreement, shall be deemed the construction or alteration of a school building, as those terms are used in Article 3 (commencing with Section 39140) of this chapter. A building or facility used by a school district under a lease or a lease-purchase agreement into which neither pupils nor teachers are required to enter and which would be excluded from the meaning of school building in Section 39214 shall not be considered to be a 'school building' within the meaning of Section 39141. The governing board of a school district may request and obtain from the State Allocation Board authority for use of any such building not meeting the structural standards prescribed by Article 3 (commencing with Section 39140) of this chapter for an additional three years upon presentation of satisfactory evidence to the State Allocation Board that the district is

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