CCLME.ORG - DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT

(continued)

s 1754. Informal Conference.
(a) An informal conference related to a violation shall occur at the time and place scheduled and shall provide the person requesting the conference with the opportunity to explain to the representative of the enforcement agency each issue disputed and the facts and circumstances of each dispute.
(b) Within five (5) working days of the completion of the informal conference, the enforcement agency shall provide a written notification of its determination, to the person who requested the conference.
(c) The written determination shall sustain, overrule, or modify the original notice of violation that contained each issue disputed at the informal conference. Modification may include:
(1) changes to the original violation cited,
(2) where necessary to provide a reasonable time for compliance, an extension of the time within which the modified required corrective action shall be completed. The extension of time shall not exceed thirty (30) calendar days, or such longer period of time allowed by the enforcement agency, from the date of the enforcement agency's written determination or greater period of time as determined by the enforcement agency.
(d) The written request for an informal conference shall be considered withdrawn if the person who submitted the request:
(1) does not appear at the mutually-agreed upon time and place scheduled for the informal conference, and
(2) does not notify the enforcement agency, within five (5) calendar days prior to the date on which the informal conference was scheduled, with written confirmation of the good-cause reason for not appearing at the informal conference.
(e) If the enforcement agency determines that good cause exists for a postponement, the enforcement agency shall postpone an informal conference for a period of time not to exceed fifteen (15) working days and shall notify the person in writing of the time and date of the postponed conference. Otherwise, the agency shall confirm the automatic withdrawal and, if applicable, the denial of the request due to a lack of a good cause reason, as determined by the enforcement agency.

Note: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18420 and 18421, Health and Safety Code.

s 1756. Request for Appeal of Decision Rendered in Informal Conference.
(a) Any park owner or operator, or any registered owner of a unit, who has received notice of violation issued pursuant to section 18420 of the Health and Safety Code, has the right to petition for a formal hearing with the person in charge of the enforcement agency or that person's designee.
(b) The person requesting the formal hearing shall submit a written petition to the enforcement agency:
(1) within ten (10) working days of the date of the notice of violation, or

(2) within five (5) working days of the date of the enforcement agency's written determination, if the issues were disputed at an informal conference.
(c) The written petition shall:
(1) provide the name, address, and phone number of the petitioner,
(2) provide the petitioner's reasons for requesting a formal hearing,
(3) summarize each issue to be disputed at the formal hearing, and
(4) state the remedy the petitioner is seeking.
(d) Upon receipt of the petition, the enforcement agency shall set a time and place for the formal hearing and shall provide the petitioner with written notice of the scheduled hearing.
(1) The formal hearing shall commence within ten (10) working days of the date of the petition.

(2) The petitioner shall have the right to apply for the postponement of the date of the formal hearing for a reasonable amount of time. The petitioner shall provide a good cause reason for the request.
(3) The enforcement agency shall grant a request for postponement if it determines that the petitioner has good-cause reason for the postponement.
(e) The formal hearing shall provide the petitioner with the opportunity to be heard and to show cause why the notice of violation should be modified or withdrawn.
(1) The petitioner shall be entitled to call witnesses to testify at a formal hearing.
(2) The petitioner shall be entitled to be represented by legal counsel at a formal hearing.
(f) Within ten (10) working days of the formal hearing, the enforcement agency shall provide in writing a final, formal order to the petitioner. The final, formal order shall:

(1) sustain, modify, or withdraw the notice of violation issued pursuant to section 18420 of the Health and Safety Code; and
(2) clearly state the enforcement agency's findings upon which the final, formal order is based.

Note: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18420, 18421 and 18513 Health and Safety Code.

s 1758. Petition to Review Order of Local Enforcement Agency Following Formal Hearing.
(a) A mobilehome park owner or operator, or the registered owner of a unit who:
(1) has received a notice of violation issued pursuant to Health and Safety Code section 18420 by an enforcement agency other than the department; and
(2) has received a final, formal order from the enforcement agency following a formal hearing, shall be entitled to petition the department to review and investigate, as necessary, the enforcement activities of the local enforcement agency.
(b) The petition shall be in writing and shall include the following:
(1) a copy of the original notice of violation;
(2) a copy of the enforcement agency's written determination, if an informal conference was held;
(3) a copy of the enforcement agency's final, formal order; and
(4) a clear, concise explanation of the issues that the petitioner continues to dispute.
(c) The department shall consider the petition in conjunction with the department's responsibility to monitor local enforcement activity pursuant to subdivision (d) of section 18306 of the Health and Safety Code.
(1) Within sixty (60) working days of the receipt of the petition, the department shall review the petition and provide the petitioner with written notice of whether the activities of the local agency require investigation by the department.
(2) If the department has determined that the activities of the local agency require investigation by the department, the written notice to the petitioner shall provide a time frame for the investigation.
(3) If the department investigates the enforcement activities of a local agency in response to one (1) or more petitions provided pursuant to subsection (a), the department shall notify each petitioner within sixty (60) days of the results of the department's investigation.
(d) If the department finds that the notice of violation, written determination, and/or final, formal order issued by the local enforcement agency reflect(s) nonenforcement of the law, the department shall initiate corrective action pursuant to the provisions of subdivision (d) of section 18300 of the Health and Safety Code.
(e) A petition filed pursuant to this section shall not extend the time for correction of the violation as provided in the original or any subsequent notice of violation issued by the local enforcement agency unless the department, based on the petition and materials submitted with the petition, determines there is a high likelihood that the local enforcement agency was incorrect in issuing the notice of violation.

Note: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18306, 18420 and 18421, Health and Safety Code.

s 2000. Application and Scope.
(a) Except as otherwise explicitly provided in sections 18865(g), 18865.4, and 18865.5(b), Health and Safety Code, the provisions of this chapter shall apply to the construction, use, maintenance and occupancy of special occupancy park lots, including separate designated sections within mobilehome parks, permanent buildings, accessory buildings or structures, and building components wherever located, both within and outside of special occupancy parks, in all parts of the state. These provisions shall also apply to the use, maintenance and occupancy of recreational vehicles and the installations for supplying fuel gas, water, electricity and the disposal of sewage from accessory buildings or structures, building components, and recreational vehicles, wherever located within special occupancy parks in all parts of the state.
(b) Provisions that apply to mobilehome parks are located in Title 25, California Code of Regulations, Division 1 chapter 2 of this division.
(c) Mobilehomes or manufactured homes, and their accessory buildings or structures, located in special occupancy parks in accordance with section 2118, shall comply with the requirements contained in chapter 2.
(d) Existing construction, connections, and installations of units, accessory buildings and structures, building components, plumbing, electrical, fuel gas, fire protection, earthquake resistant bracing, and permanent buildings made before the effective date of the requirements of this chapter may continue in use so long as they were in compliance with requirements in effect at the date of their installation and are not found to be substandard.

Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18613, 18865.3, 18865.4, 18871.3, 18871.10, 18872, 18872.2, 18873, 18873.1, 18873.2, 18873.3, 18873.4 and 18873.5, Health and Safety Code.

s 2002. Definitions.
In addition to the definitions contained in this section which apply only to this chapter, the definitions contained in sections 18860-18874 of the Health and Safety Code and those definitions relating to building standards contained in Title 24, California Code of Regulations Parts 2, 3, 4 and 5, are also applicable to the requirements of this chapter.
(a) -A-
(1) Accessory building or structure. Any awning, window awning, cabana, ramada, storage cabinet, storage building, carport, fence, stairway, ramp, or porch, or any other building or structure other than a patio established for the use of the occupant of a unit on a lot.
(2) Approved. Reviewed and/or inspected and deemed acceptable to the enforcement agency.
(3) Architect. A person licensed by the State of California, qualified to practice architecture in this state.
(4) Awning. An accessory structure, used for shade or weather protection, constructed of cloth, canvas or other flexible material supported by one or more posts or columns and partially supported by the unit installed, erected, or used on a lot.
(5) Awning Enclosure. An enclosure designed for outdoor recreational purposes, not for habitation, constructed under an awning or freestanding awning, which may include a screen room, and either an accessory building or structure, or a building component.
(6) Awning, Freestanding. An accessory structure, used for shade or weather protection, supported entirely by columns or posts and, other than with flashing, not attached to or supported by a unit or other accessory structure.
(7) Awning, Window or Door. An accessory structure, used for shading a window or door, supported wholly by the unit or other accessory building or structure to which it is attached.
(b) -B-
(1) Branch Water Service Line. That portion of the water distribution system extending from the park water main to a lot, including connections, devices and appurtenances.
(2) Building Components. Any subsystem, subassembly, or other system, constructed or assembled in accordance with the provisions of California Factory-Built Housing Law, contained in the California Health and Safety Code commencing with section 19960, designated for use in, or as part of, an accessory building or structure, which may include structural, mechanical, electrical, plumbing, and fire-protection systems and other systems affecting health and safety. However, building components do not include appliances or equipment such as heaters, stoves, refrigerators, or air conditioners which have been listed and labeled by an approved listing agency.

(3) Building Standard. Any rule, regulation, or other requirement adopted by the Building Standards Commission or a local government pursuant to section 17958.5 of the Health and Safety Code pertaining to the construction, plumbing, electrical, and fuel gas equipment, and installations within permanent buildings in parks.
(c) -C-
(1) Cabana. A freestanding accessory building or structure, or building component of an MH-unit, located immediately adjacent to and intended to increase the living area of that unit, which is a portable, demountable, or permanent room enclosure or other building erected or constructed for habitation. A cabana shall not exceed the size of the unit to which it is an accessory.
(2) California Building Code. California Code of Regulations, Title 24, Part 2, as adopted and published by the California Building Standards Commission.
(3) California Electrical Code. California Code of Regulations, Title 24, Part 3, as adopted and published by the California Building Standards Commission.
(4) California Fire Code. California Code of Regulations, Title 24, Part 9, as adopted and published by the California Building Standards Commission.
(5) California Mechanical Code. California Code of Regulations, Title 24, Part 4, as adopted and published by the California Building Standards Commission.
(6) California Plumbing Code. California Code of Regulations, Title 24, Part 5, as adopted and published by the California Building Standards Commission.
(7) Camping Area. Any area or tract of land where one or more lots or campsites are rented or leased or held out for rent or lease to accommodate camping parties.
(8) Camping Cabin. A relocatable hard-sided shelter, for use by a camping party, as defined in Health and Safety Code section 18862.5. All camping cabins are dependent units.
(9) Camping Party. A person or group of not more than ten (10) persons occupying a campsite or camping cabin for not more than thirty (30) days annually.
(10) Campsite. A designated area or lot within an incidental camping area used for occupation by a camping party.
(11) Carport. An accessory structure, used for shade or weather protection for a vehicle or vehicles which shall be freestanding.
(12) Cited Person. A person or entity issued a notice of violation for a violation of this chapter or applicable laws who is responsible for its correction.
(13) Combustible. As applied to building construction is any material or construction which does not meet the criteria of noncombustible as defined in subsection (n) of this section.
(14) Common Area. An area, within the boundaries of the park, that is not specific to any lot or space and is under the ownership and control of the park.

(15) Commercial Modular. "Commercial modular" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in section 635 of the Vehicle Code. "Commercial coach" has the same meaning as "commercial modular" as that term is defined in section 18001.8 of the Health and Safety Code.
(16) Concrete Block Pier. An assembly of load-bearing, concrete blocks with wooden wedges used to level a unit.
(17) Concrete Pier. A concrete load-bearing support that incorporates into its structure an adjustable means of raising and leveling the unit.
(18) Contractor. Any person as defined in Business and Professions Code sections 7026 through 7026.3.
(d) -D-
(1) Department. The Department of Housing and Community Development.

(2) Dependent Unit. A unit not equipped with a toilet and sewage disposal system. All camping cabins are dependent units.
(3) Drain Connector. The extension from the unit's or accessory building's or structure's drain outlet, to the lot's drain inlet.
(4) Drain Outlet. The discharge end of a unit's or accessory building's or structure's sewage drainage system.
(5) Dry Camp. A camping area where a supply of potable water is unavailable within the camping area.
(e) -E-
(1) Electrical Service, Park. The conductors and equipment for delivering electrical energy from the electrical supply system or the generator of an isolated plant, to the electrical wiring system of the park.
(2) Electrical System, Park-Primary. That part of the electrical wiring system of the park distributing electrical energy to the park's secondary electrical system.

(3) Electrical System, Park-Secondary. That part of the electrical wiring system of the park distributing electrical energy at a nominal 120 or 120/240 volts, single phase.
(4) Electrical Wiring System, Park. All of the electrical equipment, appurtenances and related electrical installations outside of permanent buildings, units, and accessory buildings or structures within a park.
(5) Emergency. An occurrence constituting a current or imminent serious risk to life, health, safety, or property requiring immediate correction.
(6) Energize. The act of applying electrical energy, or gas or water pressure.
(7) Enforcement Agency. The Department of Housing and Community Development, or any city, county, or city and county that has assumed responsibility for the enforcement of this chapter and chapter 2 pursuant to sections 18300 and 18865 of the Health and Safety Code.
(8) Engineer. A person registered with the State of California as a professional engineer qualified to practice engineering in this state.

(9) Equipment. All materials, appliances, devices, fixtures, fittings, or accessories used in the structural, fire safety, plumbing, mechanical, and electrical systems of units, buildings, structures, infrastructures and systems subject to this chapter.
(f) -F-
(1) Feeder. The conductors for conveying electrical energy between any two points in the park's electrical wiring system excluding electrical feeder assemblies.
(2) Fence. A freestanding vertical wall structure
(3) Fire Agency. A city, county, or city and county fire department, or fire district.
(4) Fire Hydrant. A connection to a water source for the purpose of supplying water to a fire hose or other fire protection apparatus and, for the purposes of this chapter, includes a standpipe.

(5) Fire Hydrant, Private. A fire hydrant including wet standpipes owned by the park.
(6) Fire Hydrant System. All fire hydrants, water piping, pumps, tanks, and valves attached to the water system supplying the hydrants.
(7) Footing. The portion of a support, in direct contact with the ground, that distributes imposed loads to the soil.
(8) Forms
(A) Annual Permit To Operate (local enforcement agency), HCD 503B, dated 7/04.
(B) Application For Alternate Approval, HCD 511, dated 7/04.
(C) Application For Certification Of Manufactured Home Or Mobilehome Earthquake Resistant Bracing System, HCD 50 ERBSCERT, dated 7/04.
(D) Application For Permit To Construct, HCD 50, dated 7/04.
(E) Application For Permit To Operate, HCD 500, dated 7/04.

(F) Application For Standard Plan Approval, HCD 520, dated 7/04.
(G) Certificate of Occupancy, HCD 513C, dated 7/04.
(H) Floodplain Ordinance Compliance Certification For Manufactured Home/Mobilehome Installations, HCD 547, dated 7/04.
(I) Manufactured Home or Mobilehome Installation Acceptance (Local Enforcement Agency), HCD 513B, dated 7/04.
(J) Manufactured Home or Mobilehome Installation Acceptance, HCD 513A, dated 7/04.
(K) Permit To Operate (local enforcement agency), HCD 500A, dated 7/04.
(L) Plot Plan, HCD 538, dated 7/04.
(M) Private Fire Hydrant Test And Certification Report, HCD MP 532, dated 7/04.
(N) School Impact Fee Certification, HCD MP 502, dated 1/04. Note:The use of existing forms shall be permitted until supplies are exhausted.
(g) -G-
(1) Gas Connector. A flexible connector, listed for exterior use, to convey gas from a gas riser outlet to the gas supply connection of a unit.
(2) Gas Piping System, Park. The pipe equipment and related installations outside of permanent buildings, units, or accessory buildings or structures, for distributing gas throughout the park.
(3) Gas Riser Outlet. That portion of a park gas lateral or gas piping system, extending above ground, serving a lot.
(4) Gas Service Lateral. The pipe, or that portion of a gas piping system, extending from the main park gas line to the individual gas outlet serving a lot.
(5) Good Cause. What the enforcement agency would find to be a reasonable basis for failing to appear at the time and place scheduled for a hearing, informal conference, formal hearing, or for not complying with a specified timeline.

(6) Gross Floor Area. The floor area enclosed within the surrounding exterior walls of a unit, accessory building or structure, or portions thereof. Where there are no walls, "Gross Floor Area" means the usable area contained within the horizontal projection of the roof and floor.
(7) Guardrail. A vertical barrier erected along the open edges of a porch or other elevated area to prevent persons from falling to a lower level.
(h) -H-
(1) Habitable Room or Structure. Any structure or room within a structure meeting the requirements of this chapter for sleeping, living, cooking, or dining purposes, excluding such enclosed spaces as awning enclosures, closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, unfinished cellars, utility rooms, and similar spaces.
(2) Handrail. A railing provided for grasping with the hand for support, erected along one or more edges of a stairway or ramp.

(3) Hearing Officer. The authorized representative of the enforcement agency, or other official authorized to conduct hearings.
(i) -I-
(1) Independent Unit. A unit equipped with a toilet and designed to be connected to a lot sewer inlet.
(2) Identification Label. A decal, tag, or label indicating acceptance by the department of a standard plan for an accessory building or structure.
(3) Incidental Camping Area. Any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed 25 camping parties within a radius of 265 feet from any campsite within the incidental camping area.
(4) Insignia or Label of Approval. A tag or label issued pursuant to Health and Safety Code section 18027.3 or 18027.5 and permanently affixed to the unit indicating compliance with applicable regulations of the department or with the American National Standards Institute standards A119.2 or A119.5.
(j) -J-
Reserved
(k) -K-
Reserved
(l) -L-
(1) Landing, Stairway. An individual platform, not to exceed twelve (12) square feet, usually at the top or bottom of a stairway, to ease the transition from a stairway to a level walking surface. Landings for ramps must comply with requirements in the California Building Code.
(2) Listed. All equipment, materials, products, and installations included in a list published by an approved listing agency.
(3) Listing Agency. An independent agency approved by the department that:

(A) is in the business of listing and labeling equipment, materials, products, or installations; and
(B) maintains a periodic inspection program on current production of listed equipment, materials, or products or periodic evaluations of listed installations; and
(C) makes available at least annually a published report of listings that include specific information about the nationally recognized standard with which each item complies and the manner in which the item is safe for use, or information about the listed equipment, material, product, or installation that has been tested and found suitable for use in a specified manner.
(4) Load. Any of the forces that a structure is designed to withstand, including any permanent force such as the weight of a roof, known as a dead load; any moving or temporary force, such as the weight of occupants, known as a live load; wind loads imposed by wind activity; and seismic loads imposed by seismic activity.
(5) Lot Access. An unobstructed way or means of approaching a roadway or public thoroughfare to or from a lot.
(6) Lot Electrical Service Equipment, Park. That equipment containing the means to connect or disconnect, overcurrent protective devices and receptacles, or other means for supplying a unit, listed appliance, accessory building or structure, or building component, to or from the park's electrical supply.
(7) Lot Line Change. The alteration, movement, or shifting of a lot line for an existing lot.
(8) Lot Line Creation. The initial establishment of a lot line for a new lot.
(9) Lot Water Service Outlet, Park. That portion of the park's water distribution system, including equipment and devices, provided with a fitting for connecting a unit's water connector.
(m)-M-
(1) MH-unit. A term, as used in this chapter, to replace references to "mobilehome, manufactured home, and multi-unit manufactured housing".
(n) -N-
(1) N.F.P.A. An acronym for the National Fire Protection Association.
(2) Noncombustible. As applied to building construction is any material which meets the criteria for "noncombustible" as specified in section 215 of the California Building Code.
(3) Nuisance. A "nuisance" is as defined in Civil Code section 3479; a "private nuisance" is as defined in Civil Code section 3481; and a "public nuisance" is as defined in Civil Code section 3480 and Penal Code section 370.
(o) -O-
(1) Occupant. For the purposes of this chapter, a person who lawfully occupies a unit on a lot.
(2) Occupied Area. The total of all the space occupied by a unit, including eave overhangs and projections; building components; and all accessory buildings or structures, on a lot.

(3) Operator. The person or entity to whom a permit to operate is issued by the enforcement agency.
(4) Owner. The person or entity that legally owns or possesses an item, property, or business through title, lease, registration or other legal document.
(p) -P-
(1) Park. For purposes of this chapter, is any special occupancy park.
(2) Park Trailer. A recreational vehicle as defined in Health and Safety Code section 18009.3.
(3) Patio. A paved or raised area not to exceed eight (8) inches in height, used for access or recreational activities.
(4) Permanent Building. Any permanent structure under the control and ownership of the park owner or operator which is not on a lot and is expressly used in the operation of the park such as for the park office, a community center, or park storage facilities.
(5) Permit to Operate. A permit issued annually by the enforcement agency authorizing operation of a park.
(6) Pier. A vertical support constructed of concrete, steel, or concrete block for the transmission of loads from a unit, accessory building or structure, or building component, to a footing. A pier does not include the footing.
(7) Porch. A freestanding, outside walking platform with an area exceeding twelve (12) square feet, having any portion of the floor or deck surface elevated more than eight (8) inches above grade.
(8) Power Supply Cord. A flexible cord assembly of conductors, including a grounding conductor, connectors, attachment plug cap, and all other fittings, grommets or devices, designed for the purpose of delivering electrical energy from the park's lot electrical service equipment to the branch circuit distribution panelboard of the unit.
(9) Private Fire Hydrant. See "Fire Hydrant, Private".
(q) -Q-
Reserved
(r) -R-
(1) Ramada. Any freestanding roof, or shade structure, installed or erected above a unit or accessory building or structure or any portion thereof.
(2) Ramp. An accessory structure providing a sloping path of travel, intended for pedestrian traffic.
(3) Recreational Vehicle. A vehicle as defined in section 18010 of the Health and Safety Code and includes a park trailer, as defined in section 18009.3 of the Health and Safety Code
(4) Registered Owner. A person registered by the appropriate department as the owner of the unit.
(5) Resident. For the purposes of this chapter, a person who lawfully occupies a lot.

(6) Responsible Person. For purposes of this chapter, any of the following:
(A) The park owner or operator for park-owned property or facilities.
(B) An available person, employed by the park for emergencies, as defined in section 18871.8 of the Health and Safety Code.
(C) Any person or entity that obtains a permit to construct.
(D) The owner of a unit, accessory building or structure, or building component.
(7) Retaining Wall. A wall designed to resist the lateral displacement of soil or other materials.
(8) Roadway. A thoroughfare for vehicular traffic within a park.
(s) -S-
(1) Sanitation Station, Recreational Vehicle. A plumbing receptor designed to receive the discharge of sewage holding tanks of self-contained recreational vehicles and which is equipped with a water hose connection for washing the receptor.
(2) Sewage Drain Lateral. That portion of the park drainage system that extends to an individual lot drain inlet.
(3) Sewage Drainage System. All the piping within or attached to the unit or accessory building or structure that conveys sewage or other liquid wastes to the drain outlet.
(4) Sewer, Park. That part of the park sewage drainage system beginning at the lot drain inlet or from a point two (2) feet downstream from a permanent building drain connection and terminating at the public sewer or private sewer disposal system.
(5) Shall. "Shall" means required and includes "must" and "will".
(6) Skirting. Material used to enclose or partially enclose the area under a unit or accessory building or structure.

(7) Standard Plan Approval (SPA). A plan approved by the department, for an accessory building or structure or a commercial modular foundation system to be installed or constructed on a repetitive basis, for the purpose of obtaining a construction permit through an enforcement agency.
(8) Stairway. Any configuration of steps or risers where the run (length) of an individual tread or step does not exceed thirty (30) inches, and which is designed to enable passage from one elevation to another.
(9) Steel Pier. A steel support that incorporates into its structure an adjustable means of raising and leveling the unit or accessory building or structure that the pier supports.
(10) Storage Building. An accessory building that may exceed ten (10) feet in height or one hundred twenty (120) square feet of gross floor area located on a lot, designed and used solely for storage of the personal equipment and possessions of the unit's occupants. The construction of a storage building shall comply with the California Building Standards Code, and a permit to construct is required from the enforcement agency.
(11) Storage Cabinet. An accessory structure, not exceeding ten (10) feet in height or one hundred twenty (120) square feet of gross floor area, located on a lot, designed solely for the use and storage of the personal equipment and possessions of the unit's occupants.
(12) Support. The entire pier and footing assembly, used to transfer the loads of a unit, accessory building or structure, or building component to the ground.
(13) Support System. A system of supports, which sustains the vertical loads of a unit, accessory building or structure, or building component. A support system does not include a foundation system.
(t) -T-
(1)Technical Service. The providing of interpretation and clarification by the enforcement agency of technical data and other information relating to the application of this chapter.
(2) Temporary Recreational Vehicle Park. Any area or tract of land where two (2) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles and which is established for one (1) operation not to exceed eleven (11) consecutive days, and is then removed.
(3) Tent. Any enclosed structure or shelter fabricated entirely or in major part of cloth, canvas, or similar material supported by a frame.
(4) Tent Camp. An area or tract of land where two (2) or more lots or sites are rented or leased or held out for rent or lease for the exclusive use of tent campers.
(5) Testing Agency. An organization which:
(A) Is in the business of testing equipment and installations;
(B) Is qualified and equipped for such experimental testing;
(C) Is not under the jurisdiction or control of any manufacturer or supplier for any affected industry;
(D) Maintains at least an annual inspection program of all equipment and installations currently listed or labeled.

(E) Makes available a published directory showing current listings of manufacturer's equipment and installations which have been investigated, certified and found safe for use in a specified manner and which are listed or labeled by the testing agency; and
(F) Is approved by the department.
(u) -U-
(1) Unit. A manufactured home, mobilehome, multi-unit manufactured housing, recreational vehicle, or camping cabin.
(v) -V-
(1) Violation. A failure to conform to the requirements of this chapter, or any other applicable provision of law.
(w)-W-
(1) Water Connector. The flexible extension connecting the water distribution system of the unit or accessory building or structures to the park's lot water service outlet.
(2) Water Distribution System. All of the water supply piping within a park, extending from the main public supply or other source of supply to the park's lot water service outlets and including branch service lines, fittings, control valves, and appurtenances.
(3) Water Main, Park. That portion of the water distribution system which extends from the main, water meter, or other source of supply to the branch water service lines.
(4) Water Supply Connection. The fitting or point of connection of the unit's or accessory building or structure's water distribution system designed for connection to a water connector.
(5) Working Days. All days except Saturdays, Sundays, and applicable local, state and federal holidays.
(6) Workmanlike. Work performed to the acceptable quality of generally recognized industry standards that does not compromise strength, function, or durability.
(x) -X-
Reserved
(y) -Y-
Reserved
(z) -Z-
Reserved

Note: Authority cited: Section 18865, Health and Safety Code. References: Sections 18007, 18008, 18008.5, 18008.7, 18009.3, 18010, 18013.4, 18861, 18862, 18862.15, 18862.33, 18862.35, 18866.3, 18871.4, 18872, 18872.2, 18873, 18873.1, 18873.2, 18873.3, 18873.4, 18873.5 and 18909, Health and Safety Code.

s 2003. Manufactured Homes and Mobilehomes.
Whenever a mobilehome or manufactured home, or an accessory building or structure related thereto, is installed pursuant to section 2118 in a park, the installation, use, maintenance, and occupancy shall comply with the requirements of chapter 2, commencing with section 1000 of this division.

Note: Authority cited: Section 18865, Health and Safety Code. Reference: Section 18871.10, Health and Safety Code.

s 2004. Local Enforcement.
(a) Assumption of responsibility for the enforcement of Parts 2.1 and 2.3 of Division 13, of the California Health and Safety Code and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2 relating to enforcement within parks by a city, county, or city and county, shall be by means of an ordinance of the city council or board of supervisors which shall contain the following information and be subject to department approval:
(1) Indication of assumption of responsibility for enforcement of Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(2) Name of the agency or agencies delegated enforcement responsibilities.
(3) A statement that the designated local enforcement agency will provide qualified personnel necessary to enforce Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2 consistent with those laws and regulations. The statement shall include the total number of personnel assigned to the enforcement program.
(4) One copy of any contract, memorandum of understanding, or other document governing delegation of responsibilities and services to a local government agency other than the local government assuming responsibility for Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(5) Adoption of the applicable schedule of fees contained in the provisions of Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.

(A) A statement adopting the state program and objectives as contained in Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(B) A description of existing parks within the local jurisdiction, including conditions and type of park.
(C) Specific local objectives, program plan and timetable designed to achieve enforcement compliance.
(6) Effective date of assumption of enforcement.
(b) One certified copy of the ordinance shall be forwarded to the Administrative Office of the Division of Codes and Standards, P.O. Box 1407, Sacramento, CA 95812-1407 not less than thirty (30) days before the designated effective date of assumption of enforcement.
(c) A statement that the following forms provided by the department will be used:

(1) HCD 500A, Application for Permit to Operate;
(2) HCD 503B, Annual Permit to Operate.
(d) The department shall determine the local agency's knowledge and ability to apply the requirements of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2, and the applicable Health and Safety Code requirements. The department's determination may include, but is not limited to, verification of the local agency's ability and knowledge through performance of activities that may include inspection, records review, and interviews of assigned personnel.
(e) Upon completion of the transfer, the new enforcing agency shall notify, in writing, the parks within its jurisdiction of the change in enforcement and the designated department or departments responsible for enforcement and permit issuance.
(f) Every enforcement agency shall comply with the verification of eligibility to receive public benefit requirements of Title 25, California Code of Regulations, Division 1, Chapter 5.5, commencing with section 5802, of applicants for permits to operate mobilehome parks or special occupancy parks.
(g) Notwithstanding the provisions of section 2005.5, in order to ensure that the orderly transition of assumption of enforcement occurs when a park, or permanent building within a park, is under construction, the enforcement agency issuing the permit to construct shall retain enforcement authority for the specified project through completion of those permits. All other enforcement responsibilities shall be transferred on the date as determined by the department.
(h) The local enforcement agency shall send a copy of each permit to operate it has renewed, within thirty (30) days after renewal, to the department's Division of Codes and Standards, at the address designated by the department at the time of assumption.
(i) When a local enforcement agency proposes significant changes in the personnel responsible for enforcing the provisions of this chapter, Chapter 2 and sections 18200 through 18874 of the Health and Safety Code, that agency shall notify the department at least thirty (30) days prior to the proposed date of the changes. The department may perform a reevaluation to determine whether the personnel have the required knowledge and ability as required in subsection (d) of this section.
(j) When a local enforcement agency changes its address, phone number, or contact person, it shall notify the Administrative Office of the department in writing within thirty (30) days of the change.

Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18862.17, 18865, 18870.6 and 18870.7, Health and Safety Code.

s 2004.5. Complaint Investigations.
(a) When a complaint alleging violations of this Chapter, Chapter 2 or Sections 18200 through 18700 and 18860 through 18874 of the Health and Safety Code is referred to a local enforcement agency, the agency shall do the following:
(1) Make reasonable efforts to contact the complainant to discuss the complaint. If the issue addressed within the complaint exceeds the authority or jurisdiction of the enforcement agency, the complainant shall be so advised, and shall be directed, when possible, to the appropriate governing entity.

(2) Investigate allegations of violations representing an immediate risk to life, health, or safety within five (5) days of receipt of the complaint by the agency.
(3) Investigate allegations of violations representing an unreasonable risk to health or safety within thirty (30) days of receipt by the agency.
(4) Discuss the results of the investigation with the complainant, or provide the results in writing, if requested by the complainant.
(b) When a complaint is referred to a local enforcement agency from the Office of the Mobilehome Ombudsman (Office), the local enforcement agency shall, no later than thirty-five (35) days following its receipt of the complaint, submit a written report detailing the final results of the investigation to the Office, or its designee.
(c) When an inspection as a result of a health and safety complaint results in a written order to correct for a violation of this chapter and a reinspection reveals that the cited person failed to correct the violation, the enforcement agency shall be compensated by the person responsible for correction of violation for any subsequent reinspection to verify correction of the violation at the following hourly rate.
(1) one hundred ninety-six dollars ($196) provided the reinspection does not exceed one hour. When the reinspection exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dollars ($41).

Note: Authority cited: Sections 18153, 18300 and 18865, Health and Safety Code. Reference: Sections 18153, 18300, 18862.17, 18865, 18866 and 18866.5, Health and Safety Code.

s 2005. Local Government's Cancellation of Enforcement Responsibility.
(a) An enforcement agency intending to relinquish responsibility for enforcement authority shall advise the department, no less than thirty (30) days prior to initiating the requirements of subsection (b).
(b) A governing body canceling its enforcement responsibility shall complete the following to the department's satisfaction before the transfer is effective:
(1) provide written notification to the department not less than thirty (30) days prior to the proposed effective date of the action, along with a copy of the ordinance repealing enforcement responsibility,
(2) remit the appropriate fees to the department as identified in section 2006 of this article on or before the date of transfer of responsibility.
(3) transfer all park records to the department on or before the effective date of the transfer of enforcement responsibility.
(c) When the local agency cancels its enforcement responsibility for this chapter, its responsibility for enforcement of chapter 2 of this division is also cancelled.
(d) When a local enforcement agency has canceled its assumption of responsibility for enforcement and desires to reassume enforcement, it must reapply in compliance with the requirements contained in section 2004 of this article.

Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18862.17 and 18865, Health and Safety Code.

s 2005.5. Revocation of Local Enforcement Authority.
(a) When the department determines that a local enforcement agency has failed to properly enforce, parts 2.1 or 2.3, of division 13, of the Health and Safety Code or chapters 2 or 2.2 of this division, the department shall notify the governing body of the local enforcement agency by providing written documentation which identifies the deficiencies requiring correction.
(b) The local enforcement agency shall have thirty (30) days from the date it receives the department's written determination to initiate correction of the deficiencies. Initiation of correction shall mean:

(1) Completion of a written plan of action submitted to the department identifying the corrective action for each deficiency, including at least the following:
(A) Acknowledgement of the deficiencies.
(B) The action to be taken to correct each deficiency.
(C) The personnel involved in the correction.
(D) Timelines for completion of all corrections.
(E) Ongoing oversight to prevent reoccurrences of noted deficiencies.
(2) Implementation of the plan of action by the local enforcement agency and other actions required by the department prior to completion of the plan of action.
(c) The department shall, within thirty (30) days of receipt of the plan of action, review and provide a written response to the governing body regarding the proposed plan.
(d) If the local enforcement agency fails to prepare an adequate plan of action or implement corrective measures within thirty (30) days regarding the deficiencies specified in subsection (a), the department may revoke its approval of local assumption responsibility and resume enforcement responsibilities.
(e) Within thirty (30) days following the department's revocation of assumption approval, remit the appropriate fees as defined in section 2006 of this article and transfer all park records to the department.
(f) When a local enforcement agency has had its assumption of responsibility for enforcement revoked and desires to reassume enforcement, it must reapply in compliance with the requirements contained in section 2004 of this article.

Note: Authority cited: Sections 18300 and 18865, Health and Safety Code. Reference: Sections 18300 and 18865, Health and Safety Code.

s 2006. Transfer of Authority - Disbursal of Fees.
(a) When a city, county, or city and county assumes responsibility for the enforcement of, parts 2.1 and 2.3, of division 13, of the Health and Safety Code and Title 25, California Code of Regulations, division 1, chapters 2 and 2.2, cancels its assumption of such responsibility, or has assumption approval cancelled by the department during the permit renewal year, that portion of the fees collected for the annual permits to operate, other than state fees pursuant to section 2008 of this article, shall be apportioned as follows:

(1) When assumption of enforcement responsibility occurs more than six (6) months preceding the next permit to operate renewal date, the former enforcement agency shall retain one-half of each annual permit to operate fee collected and shall transfer the remaining half to the assuming jurisdiction.
(2) When assumption of enforcement responsibility occurs less than or exactly six (6) months preceding the next permit to operate expiration date, the former enforcement agency shall then retain the full amount collected.

Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18865 and 18870.2, Health and Safety Code.

s 2006.5. Permit to Operate Required.
(a) No person shall operate a park, or a portion of a park, or rent, lease, sublease, hire out, or let out for occupancy any new or existing lot in a park without a current permit to operate issued by the enforcement agency.
(b) Applications for a permit to operate a temporary recreational vehicle park shall be submitted to the enforcement agency at least thirty (30) days prior to the intended date of operation. Evidence of approvals from the local planning agency, health and fire departments and, if utilities are installed, the local utility companies shall be submitted with the application for the permit to operate.
(c) Application for a permit to operate an incidental camping area shall be on forms supplied by the enforcement agency, and shall be accompanied by two (2) sets of the following exhibits:
(1) A map or plot plan of the area or tract of land proposed to be used for incidental camping.
(2) A description of the facilities to be provided for the use of campers.
(3) A statement of the proposed use of the incidental camping area, which shall include:
(A) Approximate dates of occupancy, or a statement that the facility is intended to be operated year-round;
(B) Type of use intended, including use of recreational vehicles for camping purposes, if any;
(C) Number and type of sanitary facilities; and

(D) Maximum number of camping parties to be accommodated at any one time.
(4) Evidence of approval by local planning, health and fire departments.
(d) When the applicant proposes to construct or install common facilities for the use of campers, or to construct or install facilities to supply fuel gas, water or electricity to campers, or to dispose of sewage or waste from recreational vehicles, a permit to construct for such facilities shall first be obtained in accordance with the provisions of this article.
(e) When camping cabins are installed in a park, the lot number of cabins shall be recorded at the time of inspection and added to the comments section of the park's permit to operate by the enforcement agency. An amended permit to operate is not required to be printed. (continued)