The rest of us pay regardless, check your insurance coverage;
"Moreover, absent a specific policy provision, an insured is not entitled to compensation for the cost of complying with new building codes. In
McCorkle v. State Farm Ins. Co. (1990) 221 Cal. App. 3rd 610, the insureds filed a lawsuit based on the insurer’s refusal to pay for the full costs of replacing a destroyed garage with one with a concrete floor, as required by modern building codes. The original garage had a wooden floor, and the insurer tendered the costs of reconstruction of the garage with the wooden floor, and refused to pay for the upgrade costs. The Courts of Appeal held that the insurer did not breach its policy obligations by refusing to pay the additional costs necessary to comply with building codes, because the loss settlement clause limited coverage to replacement using “equivalent” construction. In so ruling, the court noted that the purpose of fire insurance is “to compensate for the actual loss sustained, not to place the insured in a better position than he or she was before the fire.” (221 Cal. App. 3rd at 614-615).
Similar results were reached in
Breshears v. Indiana Lumbermen’s Mut. Ins. Co. of Indianapolis, Indiana (1967) 256 Cal. App. 2nd 245, and
Bischel v. Fire Ins. Exchange (1991) 1 Cal. App. 4th 1168. But insurers must make certain disclosures if a policy does not cover building code upgrades. Under Insurance Code Section 10103, insurers must furnish policyholders the statement in at least 10 point type: “THIS POLICY DOES NOT INCLUDE BUILDING CODE UPGRADE COVERAGE.”
http://www.insurancejournal.com/magazines/legalbeat/2009/01/11/157532.htm