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(continued)

(10) Lack of minimum amounts of required natural light and ventilation.
(c) A Nuisance as defined in subsection 2002.
(d) Electrical hazards which include, but are not limited to, the following:
(1) All electrical equipment or installations that either did not conform with all applicable laws and regulations in effect at the time of its installation, or has not been maintained in good and safe condition, or is not being used in a safe manner.
(2) Lack of, inoperable or defective required electrical lighting.
(e) Plumbing which did not conform with all applicable laws and regulations in effect at the time of its installation, has not been maintained in good or safe condition, or has cross-connections and siphonage between fixtures.
(f) Mechanical equipment, including heating equipment and its vents, which did not conform with all applicable laws and regulations in effect at the time of its installation or which has not been maintained in good and safe condition, or is not being used in a safe manner.
(1) Inoperable or defective heating facilities.
(2) Inoperable or defective ventilating equipment.
(g) Faulty weather protection, which includes, but is not limited to, the following:
(1) Deteriorated roofs.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h) Any building, structure, or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i) Materials or construction not allowed or approved by this chapter or which have not been adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation, rubbish, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k) All buildings or portions thereof not provided with adequate exit facilities as required by this chapter, except those buildings or portions thereof whose exit facilities conformed with all applicable laws and regulations at the time of their construction.
(l) All buildings, structures, or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this chapter, except those buildings, structures, or portions thereof which conformed with all applicable laws and regulations at the time of their construction.
(m) All buildings, structures, or portions thereof occupied for living sleeping, cooking, or dining purposes which are not designed or intended to be used for those occupancies.
(n) Room and space dimensions less than required by this chapter.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18863.4, 18866.3, 18866.5, 18873, 18873.1, 18873.2, 18873.3, 18873.4 and 18873.5, Health and Safety Code.








s 2606. Substandard Manufactured Home or Mobilehome.
The provisions contained in section 1606, of chapter 2 of this division, are applicable to substandard manufactured homes and mobilehomes.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18871, 18871.10 and 18872, Health and Safety Code.








s 2607. Substandard Recreational Vehicle.
Any recreational vehicle shall be deemed substandard and a nuisance when any of the following conditions exist that endanger the life, limb, health, property, safety, or welfare of the occupants or the public.
(a) Health hazards or inadequate sanitation which include, but are not limited to, the following:
(1) Lack of adequate or defective ventilation.
(2) Dampness of habitable rooms.

(3) Infestation of insects, vermin or rodents.
(4) General dilapidation or improper maintenance.
(b) Structural hazards shall include, but are not limited to, the following:
(1) Defective or deteriorated flooring or floor supports.
(2) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(3) Members of ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(c) Nuisance as defined in section 2002.
(d) Electrical hazards which shall include, but are not limited to, the following:
(1) All electrical equipment and installations that did not conform with all applicable laws and regulations in effect at the time of its installation, has not been maintained in good and safe condition, or is not being used in a safe manner.
(2) Electrical conductors which are not protected by overcurrent protective devices designed to open the circuit when the current exceeds the ampacity of the conductor.
(3) Electrical conductors which do not have ampacity at least equal to the rating of outlet devices or equipment supplied.
(4) Electrical conductors which are not protected from physical damage.
(5) Metallic boxes, fittings, or equipment in an electrical wiring system which are not grounded to prevent shock.
(e) Plumbing hazards which include, but are not limited to, the following:
(1) Plumbing which did not conform with all applicable laws and regulations in effect at the time of its installation, has not been maintained in good or safe condition, or has cross-connections and/or siphonage between fixtures.

(2) Lack of effective traps providing a water seal for each plumbing fixture.
(3) Lack of effective venting of plumbing drain piping.
(4) Broken, unsanitary or leaking plumbing, pipe or fixtures.
(5) Any fixture, fitting, device or connection installed in such a manner as to permit contamination of the potable water supply.
(f) Hazardous mechanical equipment which includes, but is not limited to, the following:
(1) Mechanical equipment, including all heating equipment and its vent, that did not conform with all applicable laws and regulations in effect at the time of its installation, or which has not been maintained in good and safe condition, or is not being used in a safe manner.
(2) Unvented fuel burning heating appliances.
(3) Heating or fuel burning equipment, including its vent, without adequate clearance from combustible material.
(4) Unsupported, loose, or leaking fuel supply piping.
(g) Faulty weather protection, which includes, but is not limited to deteriorated or ineffective waterproofing of exterior walls, roof, or floors, including broken windows or doors.
(h) Any recreational vehicle or portion thereof, device, apparatus, equipment, or combustible material which is in such a condition as to cause a fire or explosion.
(i) Materials or construction not allowed or approved by this chapter or those that have not been adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation, rubbish, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k) All recreational vehicles or portions thereof not provided with adequate exit facilities which conformed to all applicable laws, regulations and standards in effect at the time of their construction, or those facilities that have not been adequately maintained.
(l) Any other components of recreational vehicles or portions thereof that did not conform with all applicable laws, regulations and standards in effect at the time of their construction, or those components that have not been adequately maintained.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18871, 18871.10 and 18872, Health and Safety Code.








s 2608. Substandard Accessory Buildings and Structures and Building Components.
Any accessory structure or building, or building component or portion thereof, or the premises on which the same is located, shall be deemed substandard and a nuisance when any of the following conditions exist that endanger the life, limb, health, property, safety, or welfare of the occupants or the public.
(a) Health hazards or inadequate sanitation which include, but are not limited to, the following:
(1) When installed, inoperable or defective water closet, lavatory, bathtub or shower.
(2) When installed, inoperable or defective kitchen sink.
(3) When installed, inadequate hot and cold running water to plumbing fixtures.
(4) Dampness of habitable rooms.
(5) Infestation of insects, vermin or rodents.
(6) General dilapidation or improper maintenance.
(7) When installed, defective connection of plumbing fixtures to a sewage disposal system.
(b) Structural hazards, which include, but are not limited to, the following:
(1) Deteriorated or inadequate foundations or stabilizing devices.
(2) Defective or deteriorated flooring or floor supports.

(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle, due to defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(10) Lack of, inoperable, or defective required ventilating equipment.
(11) Lack of minimum amounts of required natural light and ventilation.
(c) Nuisance as defined in section 2002.
(d) Electrical hazards include, but are not limited to, the following:
(1) All electrical wiring that did not conform with all applicable laws and regulations in effect at the time of its installation, has not been maintained in good and safe condition, or is not being used in a safe manner.
(2) Lack of, inoperable, or defective required electrical lighting.
(e) Plumbing that did not conform with all applicable laws and regulations in effect at the time of its installation, has not been maintained in good or safe condition, or has cross-connections and siphonage between fixtures.
(f) Mechanical equipment, including heating equipment and its vents, that did not conform with all applicable laws and regulations in effect at the time of its installation, which has not been maintained in good and safe condition, or is not being used in a safe manner.
(1) Inoperable or defective heating facilities.
(g) Faulty weather protection includes, but is not limited to, the following:
(1) Deteriorated roofs.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h) Any accessory structure or building or building component or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(i) Materials or construction not allowed or approved by this chapter or which have not been adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation, rubbish, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health or safety hazards.
(k) All accessory building or structures or building components or portions thereof not provided with adequate exit facilities as required by this chapter except those buildings or portions thereof whose exit facilities conformed with all applicable laws and regulations in effect at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(l) All buildings, structures, or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this chapter, except those buildings, structures, or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing system or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(m) All accessory buildings or structures or building components or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies.
(n) Room and space dimensions less than required by this chapter.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18871.3 and 18872, Health and Safety Code.








s 2609. Substandard Camping Cabins.
Any camping cabin shall be deemed substandard and a nuisance when any of the following conditions exist that endanger the life, limb, health, property, safety, or welfare of the occupants or the public.
(a) Lack of an operational smoke detector.
(b) Dampness of habitable rooms.
(c) Infestation of insects, vermin or rodents.
(d) General dilapidation or improper maintenance.
(e) Structural hazards which include, but are not limited to, the following:
(1) Defective or deteriorated flooring or floor supports.
(2) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(3) Members of ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration.
(4) Lack of adequate or defective ventilation.
(f) Nuisance as defined in section 2002.
(g) Electrical hazards which include, but are not limited to, the following:
(1) All electrical equipment and installations except that which conformed with all applicable laws and regulations in effect at the time of initial installation and which has been maintained in good condition.

(2) Electrical conductors that are not protected by overcurrent protective devices.
(3) Electrical conductors that are not protected from physical damage.
(4) Ungrounded metallic boxes, fittings, or equipment.
(5) When provided, inoperable or defective electrical lighting.
(h) Any plumbing installed in a camping cabin.
(i) Any mechanical equipment, excluding electric heating.
(j) Faulty weather protection which includes, but is not limited to deteriorated or ineffective waterproofing of exterior walls, roof, or floors, including broken windows or doors.
(k) Any camping cabin, or portion thereof, device, apparatus, equipment, or combustible material which is in such a condition as to cause a fire.
(l) All materials or construction except those which are specifically allowed or approved by this chapter or applicable provisions of law which have not been adequately maintained in good and safe condition.
(m) Those premises on which an accumulation of weeds, vegetation, rubbish, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(n) All camping cabins or portions thereof not provided with adequate exit facilities.
(o) Improper or deteriorating support system.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18871.3 and 18872, Health and Safety Code.








s 2610. Abatement.
(a) The registered owner of a unit, or the owner of a camping cabin, accessory building or structure, or building component, that is constructed, altered, converted, used, or maintained in a manner that constitutes a violation is required to abate the violation.
(b)The legal owner of the property, or park owner or operator for properties or permanent buildings under their ownership or control, that is constructed, altered, converted, used, or maintained in a manner that constitutes a violation, is required to abate the violation.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18867, 18871, 18871.3, 18871.10 and 18872, Health and Safety Code.








s 2611. Notice of Violation, Complaints, and Orders to Correct.
(a)(1) Whenever the enforcement agency finds a condition that constitutes a violation of this chapter, the Health and Safety Code, or any other applicable provision of law, the enforcement agency shall provide a written notice to the person or entity responsible for correction of the violation.
(2) The written notice shall state the conditions which constitute the violation including a reference to the law or regulation being violated, and shall order its abatement or correction within five (5) days after the date of notice or a longer period of time as allowed by the enforcement agency.

(3) If a unit is in such condition that identification numbers are not available to determine ownership, the notice shall be given to the owner of the real property, or if located in a park, the owner or operator of the park.
(4) Whenever the enforcement agency determines a unit, habitable accessory building or structure, or permanent building constitutes an imminent hazard representing an immediate risk to the life, health, or the safety of an occupant, the enforcement agency shall post a notice on the structure, declaring it uninhabitable. The unit, habitable accessory building or structure, or permanent building shall not be occupied until deemed safe by the enforcement agency. At the time of the posting, the enforcement agency shall issue a notice as described in this section. A copy of the notice shall be issued to the occupant of the unit, accessory building or structure, or permanent building, if different from the registered owner.


Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18871.10 and 18872, Health and Safety Code.










s 2612. Final Notice Requirements.
(a) If the initial notice from the enforcement agency has not been complied with on or before the date specified in the notice, the enforcement agency may institute proceedings against the cited person or entity.
(1) The enforcement agency shall issue to the cited person, the last registered owner of a cited unit, and the park owner or operator, or the legal owner of the property where the cited unit, structure, or property is located, a final notice to abate that shall contain at least the following:

(A) the date the notice is prepared;
(B) the name or names of the responsible person or entity;
(C) a list of uncorrected violation(s) cited;
(D) final compliance date;
(E) right to request an informal conference pursuant to section 2752 of this chapter;
(F) right to request a hearing pursuant to section 2613 of this chapter
(G) a statement that any willful violation is a misdemeanor under section 18874 of the Health and Safety Code.
(2) The final notice shall be mailed, by registered or certified mail, return receipt requested, to the cited person, to the legal owner of the property as shown on the last equalized assessment roll and to the last known address of the last registered or legal owner of record of the cited unit, unless the unit is in such condition that identification numbers are not available to determine ownership. The final notice may also be served by personal service at the discretion of the enforcement agency.
(3) The officer or employee of the enforcement agency upon giving this final notice shall file an affidavit certifying to the time and the manner in which that notice was given. He or she shall also file with the affidavit, any receipt card which may have been returned to him or her in acknowledgment of the receipt of that notice by registered or certified mail.


Note: Authority cited: Sections 18865 and 18871.10, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18871.3 and 18871.10, Health and Safety Code.








s 2613. Request for Hearing, Notice of Time and Place for Hearing.
(a) Upon request for a hearing, the cited person or entity receiving a final notice of intention to abate a violation shall be granted a hearing on the matter before an authorized representative of the enforcement agency, or official authorized to conduct the hearing if:
(1) the request, pursuant to this article, is made to the enforcement agency within ten (10) days after personal service or acknowledgment of receipt by mail of the final notice to abate.
(b) Upon receipt of a request for hearing from the cited person or entity, the enforcement agency shall, within sixty (60) days of receipt, hold the hearing. The enforcement agency shall provide the time and place of the hearing in a written notice to the petitioner within twenty (20) days of receipt of the request. Receipt of the request for hearing from the cited person or entity, shall postpone any judicial or administrative action by the enforcement agency until after the hearing.
(c) All procedures governing hearings related to maintenance violations are contained in article 11, commencing with section 2750.
(d) In the event that a cited violation constitutes an imminent hazard representing an immediate risk to life, health and safety of persons or property which requires immediate correction, a hearing shall not be permitted and a request for a hearing shall not extend the time for the correction of the violation.
(e) If the request for hearing is not received within ten (10) days from the date of personal service or acknowledgment of receipt by mail of the notice, the enforcement agency shall have the discretion to continue abatement proceedings.


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








s 2615. Hearing.
(a) At the time and place of the hearing, the hearing officer shall hear the testimony of and accept evidence from the legal owner of the property, or park owner or operator; the cited person; or their respective representative; and any other person with information or testimony relevant to the final notice to abate. The testimony shall be limited to the condition of the cited unit, structure, or property. Prior to the hearing, the enforcement agency shall provide all evidence supporting the abatement action to the hearing officer.
(b) If the petitioner does not appear at the hearing, the enforcement agency shall have the authority to proceed immediately with abatement procedures.
(c) Within ten (10) days after conclusion of that hearing, the hearing officer shall render a written decision in the matter which sustains, modifies, or overrules the final notice to abate and shall be reported to all parties to the hearing. If the decision sustains or modifies the final notice to abate, the hearing officer may establish new dates and schedules for compliance.
(d) At the discretion of the hearing officer, the enforcement agency shall post a copy of the written decision in a conspicuous place on the property or unit.


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








s 2616. Time to Bring Action.
Any cited person, owner, or other interested person having any objections, or feeling aggrieved at any proceedings taken by the hearing officer conducting the hearing, or the enforcement agency in ordering abatement of any violation, shall bring an action in any court of competent jurisdiction within thirty (30) days after receipt of the decision.


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








s 2617. Consequences of Failure to Abate.
(a) It is unlawful for the person ordered to abate a violation to fail or refuse to remove and abate that violation within the time period allowed in the order after the date of posting of an order on the cited unit, structure, or property or receipt of an order. After the expiration of the time period allowed for an order related to a violation, the enforcement agency has the authority to initiate any appropriate action or proceeding to abate the violation, including but not limited to seeking a court order for abatement by a receiver or other person.
(b) If, after the reinspections of an order to correct a violation, the enforcement agency determines that the cited person has made reasonable progress to abate the violation, or that circumstances beyond the control of the cited person have interfered with compliance or slowed compliance, the enforcement agency, in its sole discretion, may extend the period for compliance.
(c) Notwithstanding the provisions of subdivision (a), if a violation poses an imminent hazard representing an immediate risk to life, health, and safety and requires immediate correction, the enforcement agency has the authority to initiate any appropriate action or proceeding to abate a violation if abatement is not complete within the time period allowed by the notice of violation and order.


Note: Authority cited: Sections 18865 and 18871.10, Health and Safety Code. Reference: Sections 18866.9, 18869 and 18871.10, Health and Safety Code.








s 2618. Responsibility for Costs.
(a) The registered owner of the unit, or any other cited person or entity that fails to correct a violation within the time allotted in the original correction order, or any extension thereto, shall be held responsible for the costs of abatement of the violation. Costs of abatement, for purposes of this section, may include the enforcement agency's investigative and case preparation costs, court costs and attorney fees, the cost associated with any physical actions taken to abate the violation, and any technical service or other fees due to the enforcement agency related to the abatement activity.
(b) If the unit, is in such condition that identification numbers are not available to determine ownership, or the enforcement agency is unable to locate the owner after making a reasonable effort to do so, the owner of the property on which the unit, is located shall be liable for such costs.


Note: Authority cited: Sections 18865 and 18871.10, Health and Safety Code. Reference: Sections 18866.3, 18866.4, 18866.5, 18869 and 18871.10, Health and Safety Code.








s 2619. Removal.
(a) A unit, permanent building, accessory building or structure or building component which has been ordered to be removed due to the existence of violations or a nuisance shall be removed in a manner consistent with law.
(b) A copy of the order to remove a unit accompanied by the titles, registration cards, license plates or decals, and the insignias or federal labels, if available, shall be forwarded to the department. The Department of Motor Vehicles shall be sent the order to remove a recreational vehicle with all indicia noted above. The enforcement agency shall send the required information and indicia within five (5) days after removal of a unit.


Note: Authority cited: Sections 18865 and 18871.10, Health and Safety Code. Reference: Sections 18866.3, 18866.5, 18869 and 18871.10, Health and Safety Code.








s 2750. Application and Scope.
(a) The provisions of this article apply to the informal and formal procedures available to a cited person, as defined by section 2002 of this chapter, who has received a notice of a violation issued by the enforcement agency pursuant to section 18867 of the Health and Safety Code.
(b) None of the procedures for an informal or formal appeal process extend the time allowed for the correction of violations noted in the original notice of violation or noted in subsequent notices of violation issued to the same person or about the same situation unless:

(1) an extension of time allowed for the correction of violations is contained in the written determination provided by the enforcement agency pursuant to subsection 2754(b), or
(2) an extension of the time allowed for the correction of violations is contained in the final, formal decision issued by an enforcement agency pursuant to subsection 2756(f).


Note: Authority cited: Sections 18865 and 18868, Health and Safety Code. Reference: Sections 18866.5, 18867 and 18868, Health and Safety Code.








s 2752. Request for Informal Conference.
(a) The following optional, informal conference process shall be available to a person who is required to respond to a notice of violation issued pursuant to section 18867 of the Health and Safety Code, and shall be initiated solely at the discretion of the person addressed in the notice of violation.
(b) The use of the informal conference process shall be limited to the dispute of one or more of the following issues contained in a notice of violation:
(1) The existence of one or more alleged violations,

(2) The alleged failure to correct the violations in the required time frame, and
(3) The reasonableness of the time frame within which the violations shall be corrected.
(c) If a person is in receipt of a notice of violation and chooses to request an informal conference with a representative of the enforcement agency,
(1) the person shall make a written request to the enforcement agency for an informal conference, and
(2) the person shall ensure that the enforcement agency receives the written request within ten (10) working days of the notice of violation.
(d) The written request for an informal conference shall provide the following information:
(1) The name, address, and telephone number of the person requesting the informal conference, and

(2) A brief description of the issues disputed.
(e) Within three (3) working days of the receipt of a written request for an informal conference, the enforcement agency shall contact the person who submitted the request and shall schedule an informal conference for the earliest possible, mutually convenient time and place. The informal conference shall occur during the normal working hours and shall be held no later than fifteen (15) working days after the enforcement agency's receipt of the written request. "Normal working hours" are from 8:00 a.m. to 5:00 p.m. on Monday through Friday, excluding holidays.
(f) The enforcement agency shall deny a request for an informal conference only if one (1) or more of the following conditions apply:
(1) The issues identified for dispute in the written request do not include at least one (1) of the issues specified in subsection (b), or
(2) The person requesting the informal conference is not available to meet with the representative of the enforcement agency within the fifteen (15) day time period and the enforcement agency determines that good cause does not exist to postpone the informal conference.


Note: Authority cited: Sections 18865 and 18868, Health and Safety Code. Reference: Sections 18867 and 18868, Health and Safety Code.








s 2754. 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 18865 and 18868, Health and Safety Code. Reference: Sections 18867 and 18868, Health and Safety Code.








s 2756. 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 18867 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 18867 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 18865 and 18868, Health and Safety Code. Reference: Sections 18867, 18868 and 18870.14 Health and Safety Code.








s 2758. Petition to Review Order of Local Enforcement Agency Following Formal Hearing.
(a) A park owner or operator, or the registered owner of a unit,
(1) who has received a notice of violation issued pursuant to Health and Safety Code section 18867 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 18865.7 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 18865 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: Section 18865, Health and Safety Code. Reference: Sections 18865.7, 18867 and 18868, Health and Safety Code.








s 3000. Application and Scope.
The provisions of this subchapter are applicable to all factory-built housing manufactured after the effective date of this subchapter, except as otherwise permitted or required by the Health and Safety Code.
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[FNa1] The reorganization of Subchapter 1 is printed as a repealer and adoption for clarity.


Note: Authority cited: Sections 17003.5, 19990 and 19991.3, Health and Safety Code. Reference: Section 19990, et seq., Health and Safety Code.









s 3010. Definitions.
The following definitions and those contained in Division 13, Part 6 commencing with Section 19960, Health and Safety Code apply to the provisions of this subchapter.
"Agency, Design Approval" means, in addition to the definition contained in Section 19969.3, Health and Safety Code, a private entity which, as determined pursuant to Sections 3022.1 and 3022.2 is:
(1) Independent and free from conflict of interest, and has the ability to enforce, and shall enforce, the provisions of this subchapter without an actual or any appearance of a conflict of interest.
(2) Staffed with qualified personnel who can and shall implement all provisions of this subchapter relating to the evaluation of factory-built housing plans and specifications as demonstrated by compliance with Section 3022.1(a)(3) and (b)(1)-(3).
(3) Has the authority and the ability to obtain corrections of the detected or reported defects.
"Agency, Listing" means an agency approved by the department which is in the business of listing or labeling and which maintain a periodic inspection program on current production of listed models, and which makes available at least an annual published report of such listing in which specific information is included that the product has been tested to approved standards and found safe for use in a specified manner.
"Agency, Quality Assurance" means an organization which:
(1) Is in the business of inspecting equipment and systems;
(2) Conducts a Quality Assurance program;
(3) Is not under the control or jurisdiction of any manufacturer or supplier for any affected industry except by contract as required and approved by the department;
(4) Makes available specific information as required by the department;
(5) Is certified and approved by the department.
"Agency, Testing" means an organization which is:
(1) In the business of testing equipment and installations;
(2) Qualified and equipped for experimental testing;
(3) Not under the jurisdiction or control of any manufacturer or supplier for any affected industry;
(4) Maintaining at least an annual inspection program of all equipment and installations currently listed or labeled;
(5) Making 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;
(6) Approved by the department.
"Field Technical Service" means interpretation and clarification by the department or design approval agency of technical data relating to the application of this subchapter, but not including inspection.
"In Substantial Part Manufactured" means a module or major portion of factory-built housing assembled at an offsite location, in such a manner that all portions may not be inspected at the installation site without disassembly or destruction of the part.
"Insignia of Approval" means a tab or tag issued by the department to indicate compliance with this subchapter.
"Labeled" means equipment bearing an inspection label of an approved testing or listing agency.
"Listed" means all equipment and installations that appear in a list published by an approved testing or listing agency.
"Local Inspection Agency" means a local government building department authorized and approved pursuant to Sections 3036 and 3037.
"Manufacturer" means any person who produces factory-built housing.
"Model" means a specific design of factory-built housing, as designated by the manufacturer, identifiable as such for purposes of plan checking, quality control, quality assurance, in-plant and on-site inspection.
"Modified" means any change from the approved plans or installation instructions which in the opinion of the department, design approval agency or local enforcement agency would affect the structural, mechanical, electrical or plumbing systems of factory-built housing bearing a department insignia of approval.
"Professional Engineer" means an engineer holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3, of the Business and Professions Code, in that branch of engineering which is applicable.
"System" is a combination of structural, plumbing, mechanical or electrical elements, components or subassemblies.


Note: Authority cited: Sections 17003.5, 19969.3, 19990 and 19991.3, Health and Safety Code. Reference: Sections 19969.3, 19990 and 19991.3, Health and Safety Code.









s 3020. Manufacturing Requirements.
Every manufacturer of factory-built housing subject to requirements of this subchapter shall obtain plan approval for each model, and shall obtain insignia for each unit manufactured. The manufacturer shall maintain a quality control program, and the units shall be manufactured in accordance with the approved plans and shall be inspected as required by provisions of this subchapter. No factory-built housing bearing a department insignia of approval shall be in any way modified prior to installation unless approval is first obtained from the department or design approval agency.


Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19981, 19983 and 19990, Health and Safety Code.








s 3020.1. Contract Requirements.
(a) All contracts, and any amendments thereto, executed between a manufacturer and a Design Approval Agency, shall be in writing, and the agency or agencies shall submit a copy of each contract or amendment thereto to the department no later than ten (10) days after the effective date of the contract.
(b) In the event of cancellation of any contract executed between a manufacturer and a Design Approval Agency, the design Approval Agency or Quality Assurance Agency shall notify the department in writing no later than ten (10) days after the cancellation. The written notice shall include an explanation of the circumstances which led to the cancellation by the manufacturer or the Design Approval Agency or Quality Assurance Agency.


Note: Authority cited: Sections 19990, 19991.3 and 19991.4, Health and Safety Code. Reference: Sections 19991.3 and 19991.4, Health and Safety Code.








s 3021. Compliance.
Plan approval of each model of factory-built housing shall be contingent upon compliance with the requirements of this subchapter. Violation of any of the provisions of this subchapter or variations from the approved plans shall be cause for revocation of the plan approval by the department or design approval agency.


Note: Authority cited: Sections 17003.5, 19990 and 1991.3, Health and Safety Code. Reference: Sections 19983, 19990, 199991 and 19991.3, Health and Safety Code.








s 3022. Field Technical Service.
Any person may request field technical service. Requests for such service shall be submitted to the department in writing, together with required fees as specified in this subchapter. Requests from out-of-state shall be accompanied by a cashier's check or money order payable to the Department of Housing and Community Development.


Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19982 and 19990, Health and Safety Code.








s 3022.1. Design Approval Agency -Certification Application Requirements.
(a) An application for design approval agency certification must be made to the department in writing and such application shall include the following information and documentation:
(1) An organizational chart of the agency, including reference to any interlocking organizational relationships;
(2) Personnel resumes;

(3) Reports and other documentation indicating capability and capacity to carry out design approval activities;
(4) A statement under penalty of perjury that the agency and its staff have no institutional or contractual relationships with any manufacturer, architect, engineer, or other person or entity which would create the appearance of, or an actual, conflict of interest;
(5) The applicant's proposed contract and fee schedule; and
(6) Documentation necessary to demonstrate the applicant's eligibility to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
(b) Reports and other documentation indicating the applicant's capability and capacity to carry out design approval activities shall contain, at a minimum, the following information:
(1) Availability of licensed engineers and architects and other required professional and support staff adequate to process estimated workload;

(2) Prior experience satisfactory to contractors or clients in reviewing and/or preparing plans for factory-built or conventional structures;
(3) Description of proposed review process and procedures to ensure design defects are corrected.
(c) An application for certification shall be accompanied by fees for certification of design approval agencies as set forth in Section 3060.
(d) The department reserves the right to request additional documentation and information to make the findings necessary for certification.


Note: Authority cited: Sections 19968, 19990 and 19991.3, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 19982, 19990 and 19991.2, Health and Safety Code.








s 3022.2. Design Approval Agency -Notice of Receipt of Complete Certification Application and Application Review.
(a) Within 15 days of receiving the application, the department shall review each application for design approval agency certification received pursuant to this subchapter and notify the applicant in writing of either the acceptance of the application for filing, or the rejection of the application due to incompleteness or errors, specifically identifying the incompleteness of errors and what must be done in order to make the application complete and acceptable.
(b) Within 60 days of receiving a completed application, the department will complete its review of the application and shall grant or deny a certification. (continued)