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(c) Nothing in this section shall be construed as preventing the department from requesting additional information or documentation from an applicant after the receipt of a completed application, or from seeking additional information from other persons or entities regarding the applicant's fitness for certification during the 60-day review period.
Note: Authority cited: Section 15376, Government Code. Reference: Sections 15374-15378, Government code; and Section 19991.3, Health and Safety Code.
s 3022.3. Design Approval Agency -Requirements for Certification and Decertification.
(a) Upon completion of its review of a completed application, the department shall issue a certification if all of the following conditions have been met.
(1) All of the information required in Section 3022.1 has been provided by the applicant to the department's satisfaction;
(2) The certification fees required by Section 3060 have been paid;
(3) The department is satisfied that there is no actual or apparent conflict of interest between any manufacturer, architect, engineer or other person and the applicant;
(4) The department is satisfied that the applicant's proposed fee structure is not disproportionate with regard to the services to be performed; and
(5) The department is satisfied that the applicant has the capability and capacity to carry out the activities of this subchapter.
(b) The certification of a design approval agency shall expire 36 months from the date the certification was issued. Application for recertification shall be as specified in Section 3022.1.
(c) The department may revoke its certification of a design approval agency for cause. For the purposes of this section, "cause" shall be acts or omissions during the certification process or subsequent to certification which would have resulted in a denial of certification if such acts or omissions had occurred or existed prior to certification.
(d) A department refusal to issue a certification, or a revocation of certification, shall be subject to an informal administrative appeal before the Director or his or her designee pursuant to Section 3056.
Note: Authority cited: Sections 17003.5, 19990 and 19991.3, Health and Safety Code. Reference: Sections 19990 and 19991.3, Health and Safety Code.
s 3022.4. Design Approval Agency Reporting Requirements.
(a) Design Approval Agencies shall prepare and maintain written reports of all design approval activities performed pursuant to this subchapter. Each report shall be maintained for a period of three (3) years from the date of the approval by the design approval agency.
(b) Upon approval by the design approval agency of each plan, quality control annual or amendment thereto, the design approval agency shall submit a report of such approval to the department. The report shall be submitted concurrent with notification of approval to the manufacturer. The report shall list each plan and manual or amendment to such, which were approved. The report shall be on form HCD 309(A), Factory-Built Housing Notification of Plan Approval, dated March, 1989, and provided by the department and shall contain the following information:
(1) Identification, address and telephone number of the design approval agency.
(2) The name, address, telephone number and identification number of the manufacturer.
(3) The assigned plan approval number.
(4) The date of the approval and signature of the approving officer.
(5) The expiration date of the approval.
(6) An indication of the types of units, for which plans are approved.
(7) The location and telephone number of the manufacturing plant.
(8) The date of the report.
(9) The application number and the date it was received.
(10) The model number for each unit and a description of the work or the change in the work outlined in the plan.
(c) By the fifteenth day of each month and on form HCD-FB 309(C) Factory Built Housing Design Approval Agency Monthly Activity Report, dated December 89 and provided by the department, a Design Approval Agency shall prepare and transmit to the department the following information:
(1) The Design Approval Agency name, address, agency number and telephone number.
(2) The reporting month and year.
(3) The date that the report was prepared.
(4) The name and identification number of each client manufacturer served in the previous month.
(5) The total number of plans, plan renewals, plan amendments, manuals and manual amendments approved for each client manufacturer served in the previous month.
(6) The total number of plans, plan renewals, plan amendments, manuals and manual amendments rejected for each client manufacturer served in the previous month.
(7) The subtotal(s) of all plans, plan renewals, plan amendments, manuals and manual amendments approved or rejected on page(s) 1 and/or 2.
(8) The grand total number of all plans, plan renewals, plan amendments, manuals and manual amendments approved or rejected by adding the subtotals on pages 1 and/or 2.
(9) The fees calculated as follows:
(A) For plans approved, multiply the total number by the fee specified in section 3060(m).
(B) For plan renewals approved, multiply the total number by the fee specified in section 3060(m).
(C) For plan amendments approved, multiply the total number by the fee specified in section 3060(m).
(D) For manuals approved, multiply the total number by the fee specified in section 3060(m).
(E) For manual amendments approved, multiply the total number by the fee specified in section 3060(m).
(10) The total fees attached by adding the fees for plans approved, plan renewals approved, plan amendments approved, manuals approved and manual amendments approved.
(11) The signature and title of the authorized person certifying under penalty of perjury to the accuracy of the information provided.
(12) The date that certification was signed.
(d) The Design Approval Agency shall number the front and back pages on form HCD-FB 309(C) Factory-Built Housing Design Approval Agency Monthly Activity Report, dated December 1989.
(e) Each Design Approval Agency monthly activity report shall be accompanied by a copy of each plan, manual or amendment approved during the previous month and the fee specified by section 3060(m), for each plan, manual or amendment approved during the reporting month.
Note: Authority cited: Sections 19990 and 19991.3, Health and Safety Code. Reference: Section 19991.3, Health and Safety Code.
s 3023. Plan Approval.
(a) A plan approval shall be obtained from the department or a design approval agency for each model of factory-built housing which is subject to this subchapter.
(b) After obtaining plan approval, the manufacturer shall notify the department and the inspection agency in writing when he will commence manufacturing the first units of each approved model.
Note: Authority cited: Sections 17003.5, 19983 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3024. Application for Plan Approval.
Application to the department or design approval agency for plan approval shall include the following:
(a) Completed application in duplicate on forms prescribed by the department.
(b) Two complete sets of plans, calculations, and test data when required.
(c) Three sets of quality control manuals or reference to applicable manuals which have previously been submitted and approved for prior models.
(d) When plans are submitted to the department the fees shall be as specified in Section 3060.
(e) If the applicant's manufacturing plan is out-of-state, the application shall include a statement signed by the applicant that he agrees to in-plant inspections and that he will apply for insignia for his factory-built housing pursuant to Section 3054.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3025. Nonconforming Application and Plans.
(a) In the event the application is incomplete or unsuitable for processing, the applicant shall be notified in writing within seven working days of the date it is received by the department or design approval agency. Should the applicant fail to submit a completely corrected application in accordance with the information supplied by the department or design approval agency within 90 calendar days of such notice, the application will be deemed abandoned and all fees submitted will be forfeited to the department or design approval agency. Subsequent submissions shall be treated as a new application.
(b) In the event the plans are incomplete or require corrections, the applicant shall be notified in writing within a median of seven working days of the date the plans are received by the department or design approval agency. Should the applicant fail to submit complete or corrected plans in accordance with the information supplied by the department or design approval agency within 120 calendar days of such notice, the plans will be deemed abandoned and all fees submitted will be forfeited to the department or design approval agency. The 120-day limitation may be extended for cause by the department or design approval agency. For the purposes of this section, "cause" may be demonstrated by actions or omissions beyond the control of the applicant which delay final approval. A request for extension must be initiated by the applicant. Where plans have expired, any resubmittal for plan approval shall be as required for a new application for plan approval.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3026. Expiration of Application.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980 and 19990, Health and Safety Code.
s 3027. Withdrawal of Application.
If an applicant requests withdrawal of his application for plan approval, he may make written request for refund of unspent fees, except that plan filing fees shall not be refundable.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3028. Plan Requirements.
(a) Plans submitted to the department or design approval agency shall indicate every pertinent item necessary for design, assembly and installation. The plans shall include, when applicable, dimensions, framing plans, cross sections, details of connections, material specifications, floor plans, designed room use, exterior wall elevations, general notes, methods of installation, and line diagrams, materials and details of electrical, mechanical and plumbing systems. Design calculations shall be submitted separately from the plan sheets.
(b) Plans shall list all applicable design criteria.
(c) Plan sheets shall not be less than 11 " x 17 " nor more than 30 " x 42 ". The first sheet shall contain the address of the manufacturer and his manufacturing plant(s). Each sheet shall be numbered and contain the name of the manufacturer, model designation and a blank space in the lower right hand corner for the stamp of approval. The blank space shall not be less than 3 1/2 " wide by 5 1/2 " high, except it may be a minimum of 3 " x 3 " for building component and building system plans.
(d) Except for schematic drawings, plans shall be drawn to a scale of not less than 1 /8 inch per foot.
(e) When floor plans are applicable, the manufacturer shall identify separate floor plans based on a specific size, room arrangement, method of construction, location or arrangement or size of plumbing, electrical or mechanical equipment. Any variations, including design loadings shall be shown and properly identified on separate plan sheets.
(f) Plans shall indicate the location on the unit where the department insignia of approval is to be applied.
(g) Plans shall include a resume of what installation work is to be done on-site.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19983 and 19990, Health and Safety Code.
s 3029. Model Designation Requirements.
(a) Separate models shall be provided for each type of construction and shall be shown on a separate set of plans.
(b) Each model shall be uniquely designated.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Section 19990, Health and Safety Code.
s 3030. Models Manufactured at More Than One Location.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Section 19990, Health and Safety Code.
s 3031. In-Plant Quality Control.
(a) Concurrent with the request for plan approval, the manufacturer shall submit to the department or design approval agency two sets of a manual outlining a program of quality control. The program outlined must meet the standards of this subchapter.
(b) The manufacturer shall maintain records for not less than one year after manufacture to substantiate that each unit has been inspected and complies with the approved plans.
(c) The manufacturer shall have in-plant inspections performed by one of the following agencies to verify that the units have been produced in accordance with the manufacturer's quality control program and comply with the approved plans.
(1) Where there is a local inspection agency certified by the department, it shall perform the required in-plant inspections and enforce compliance with the quality control manual and plans.
(2) Where there is no certified local inspection agency, the manufacturer may contract with a quality assurance agency approved by the department to maintain a quality assurance program. The approved quality assurance agency shall provide a certification that all of the manufacturer's factory-built housing bearing an insignia of the department have been subject to the quality control program and are in compliance with plans as approved by the department or the design approval agency.
(3) Where there is no certified local inspection agency, the manufacturer may have the department perform the required in-plant inspections, with inspection fees to be paid as specified in Section 3061.
(d) When the in-plant inspections are performed by a certified local inspection agency or an approved quality assurance agency, the department shall make periodic inspections to verify that the units have been produced in accordance with the quality control program and comply with the approved plans. Periodic inspection fees shall be paid as specified in Section 3061.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19983, 19990, 19991.1 and 19991.2, Health and Safety Code.
s 3032. Required Inspections.
The inspection agency as applicable shall make at least the following inspections:
(a) For at least the first ten units of each model, produced at each manufacturing location, all systems including structural, electrical, mechanical and plumbing shall be inspected.
(b) Following inspection and approval of the first ten units, each system shall be inspected in at least 25 percent of all units produced thereafter, except the inspection level may be reduced to 10 percent for building components or building systems. The manufacturer shall request written approval from the department before reducing the level of inspection from the initial 100 percent inspection.
(c) The manufacturer may request written approval from the department to further reduce the frequency of inspection for building components, when it can be shown that the nature of the product, its end use, or the manufacturing process warrants a lesser inspection frequency.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19990, 19991.1 and 19991.2, Health and Safety Code.
s 3033. Quality Control Manual Requirements.
(a) The quality control manual shall conform to the following:
(1) Pages of the manual shall be 8 1/2 " x 11 " in size, consecutively numbered and replaceable.
(2) The manual shall contain an index.
(3) The manual shall identify the company or corporate officer to be responsible for the quality control program.
(4) The manual shall set forth in detail how the manufacturer will maintain his quality control to meet the standards set forth in this subchapter.
(5) The manual shall specify how the units are identified during production for the purposes of inspection relative to the approved plans. The model, floor plan and design loading, as applicable, shall be indicated.
(6) The manual shall specify the procedure for maintaining a record system indicating the type and date of inspections performed on each unit. Copies of the forms to be used shall be included.
(7) The manual shall provide a general outline and/or schematic indicating the sequence of the manufacturing and assembly processes. It shall also indicate the sequence, type, and frequency of the quality control procedures to be instituted.
(8) The manual shall specify the place and method of storage of materials and components, and shall indicate the degree of protection from the weather and the capacity to control such factors as temperature and humidity where required to prevent deterioration of materials.
(9) The manual shall specify the method of storage and support of the completed units at the manufacturing plant and any other location including the site prior to installation.
(10) The manual shall specify the inspection agency performing the in-plant inspections.
(11) If applicable, the manual shall contain either a copy of the contract between the manufacturer and the quality assurance agency, or a signed statement by a responsible officer of the manufacturing company that such an agreement is in force and effect prior to granting of plan approval by the department or design approval agency.
(b) If the in-plant inspections are to be performed by an approved quality assurance agency, the quality control manual shall contain a separate section outlining the quality assurance program to be utilized by the quality assurance agency in carrying out its responsibilities. This section of the manual shall contain at least the following:
(1) A detailed description of how the quality assurance agency will perform the in-plant inspections, including the frequency of the inspections required.
(2) An explanation of how discrepancies noted will be recorded, marked, and how corrections will be obtained.
(3) Details of how inspection reports are to be made to the department, together with samples of forms to be used. All inspection reports shall be submitted to the department at least monthly.
(4) An explanation of how certification of the factory-built housing is to be made, including a sample of the certification document or a facsimile thereof.
(5) Specific designation of the approved quality assurance inspector(s) who is to perform the in-plant inspections. If for any reason a designated quality assurance inspector specified in the quality control manual will no longer be assigned, the department shall be notified within 48 hours of such termination, and a replacement shall be designated.
Note: Authority cited: Sections 17003.5, 19983 and 19990, Health and Safety Code. Reference: Sections 19983 and 19990, Health and Safety Code.
s 3034. Quality Assurance Agency -Requirements for Certification.
(a) A quality assurance agency prior to certification by the department shall provide at least the following:
(1) An official request in writing for such certification accompanied by the fee specified in this subchapter.
(2) An organizational chart setting forth its organizational structure, including reference to any interlocking organizational relationships.
(3) Documented evidence substantiating that the agency is in the business of inspecting equipment and systems relating to the manufacture of factory-built housing.
(4) Documented evidence of capability to perform and carry out a quality assurance program.
(5) A statement under penalty of perjury that the agency is not under the control or jurisdiction of any manufacturer or supplier for any industry affected by the California Factory-Built Housing Law except by contract approved by the department.
(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) Personnel assigned by the quality assurance agency to make in-plant inspections shall first be certified by the department as a quality assurance inspector.
(c) The department may revoke its certification of a quality assurance agency or its assigned quality assurance inspector for cause. For the purposes of this section, "cause" shall be acts or omissions during the certification process or subsequent to certification which would have resulted in a denial of certification if those acts or omissions occurred or existed prior to certification. A department revocation may be subject to appeal an informal administrative appeal before the director or his or her designee pursuant to Section 3056.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 19990, Health and Safety Code.
s 3034.1. Quality Assurance Agency Reporting Requirements.
(a) Quality Assurance Agencies shall prepare and maintain written reports of all inspection activities performed pursuant to this subchapter.
(b) Each Quality Assurance Agency shall submit a written report to the department, by the fifteenth day of each month. The report shall summarize the inspection activities conducted the previous month for each client manufacturer. The report shall be on form HCD 309(B), Factory-Built Housing Quality Assurance Agency Monthly Report, dated March, 1989, and provided by the department and shall contain the following information:
(1) The name, address and telephone number of the Quality Assurance Agency.
(2) The name, address, telephone number and identification number of the manufacturer.
(3) The location and telephone number of the manufacturing plant.
(4) The date of the report.
(5) The month for which inspection activities are being summarized.
(6) The number and dates of inspection visits.
(7) A brief narrative assessing the adequacy of the manufacturer's quality control program..
(8) The signature and title of the officer reviewing the monthly report.
(9) The number of units approved for Factory-Built Housing insignia during the month for which inspection activities are being summarized, and the serial numbers of those units.
(10) A copy of each quality assurance inspection report prepared pursuant to Section 3035.1 of this subchapter.
(c) The quality assurance shall retain all reports, or copies thereof, required by this subchapter, for a period of three (3) years.
(d) The quality assurance agency shall notify the department of their discovery of units shipped from the location of manufacture without required inspection or insignia, or otherwise not in compliance with the Factory-Built Housing Law or this subchapter. The notification shall be provided in writing within 24 hours of the discovery.
Note: Authority cited: Sections 19990 and 19991.4, Health and Safety Code. Reference: Sections 19990 and 19991.4, Health and Safety Code.
s 3035. Quality Assurance Inspector -Requirements for Certification.
(a) A quality assurance inspector shall, prior to certification by the department, meet the following requirements:
(1) An application for certification shall be made on forms obtainable from the department and accompanied by fees as specified in Section 3060. The application shall contain a resume of education and work experience.
(2) Inspection personnel designated to perform the in-plant inspections shall be certified by an examination conducted by the department. The examination will consist of a written test based on the Factory-Built Housing Law, the administrative regulations related thereto, and the building systems employed in the construction of factory-built housing. A minimum rating of 70% must be attained.
(3) Demonstration of the capability to note construction violations during actual in-plant inspections.
(4) Demonstration of eligibility to receive public benefits, pursuant to chapter 5.5 of this division, beginning with section 5802.
(b) The certification of a quality assurance inspector shall expire 36 months from the date of initial certification. Application for recertification shall be as specified in subsection (a)(1).
(c) The department may revoke its certification of a quality assurance inspector for cause. "Cause" shall be established upon the findings of acts or omissions subsequent to certification which result in the placing of insignia on units or modules which are not in compliance with this subchapter. A department revocation may be subject to an informal administrative appeal before the Director or his or her designee pursuant to Section 3056.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 19990, Health and Safety Code.
s 3035.1. Quality Assurance Inspector Reporting Requirements.
(a) As the representative of the quality assurance agency, the quality assurance inspector shall prepare an inspection report at the end of each inspection visit before leaving the location of the inspection.
(b) A copy of the report shall be provided to the manufacturer before the inspector leaves the location of the inspection and shall include the following information:
(1) The name of the quality assurance agency, the Quality Assurance Inspector, and the manufacturer.
(2) The date of the inspection.
(3) A brief narrative describing the inspection activities, i.e., production, finished units, material storage, test, quality control inspection, etc.
(4) The model number, plan approval number, serial number and type of each unit inspected.
(5) The unit location in the production sequence when inspected, including any finished units bearing insignia.
(6) For each unit inspected or tested, a description of violations observed and action taken to correct the violations and eliminated recurrence.
(7) An order to hold any unit found to be in violation and which could not be brought into compliance during the inspection visit.
(8) A brief narrative summarizing the effectiveness of the manufacturer's quality control program and any requirements for needed improvements.
Note: Authority cited: Sections 19990 and 19991.4, Health and Safety Code. Reference: Section 19991.4, Health and Safety Code.
s 3036. Local Inspection Agency.
(a) As set forth in Section 19991.1 of the Health and Safety Code, a city or county building department may assume responsibility for in-plant inspections of factory-built housing, when certified by the department.
(b) In the event the governing body cancels its assumption of responsibility, the department upon receipt of official notice shall assume such responsibility within 30 days.
(c) The local inspection agency shall authorize the manufacturer to affix the department's insignia of approval, when units have been subject to the quality control program and are in compliance with plans as approved by the department.
(d) The local inspection agency shall keep a record of what units have been authorized for the affixing of insignia and shall, each month, make a report of such units to the department.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19990 and 19991.1, Health and Safety Code.
s 3037. Local Inspection Agency -Requirements for Certification.
(a) The governing body electing by ordinance to have its building department assume responsibility for in-plant inspections of factory-built housing shall file a copy of such ordinance with the department.
(b) After 30 days' written notice to the department and when meeting the department's requirements for certification, the governing body and the local inspection agency shall be advised in writing that enforcement responsibility may be commenced.
(c) If the department's certification requirements have not been met by the local inspection agency, the governing body and the local inspection agency shall within a reasonable time be advised in writing by the department. Such notification shall set forth in detail the reasons why certification may not be granted.
(d) The local inspection agency shall designate the person(s) who are to perform the in-plant inspections at each place of manufacture within the political limits of the jurisdiction and provide the department with a resume of each persons education and work experience. If only one person is designated for a particular place of manufacture, the name of a back-up inspector shall be provided. These designations shall be kept current.
(e) Inspection personnel designated to perform the in-plant inspections shall be certified by an examination conducted by the department. The examination will consist of a written test based on the Factory-Built Housing Law, the administrative regulations related thereto, and the building systems employed in the construction of factory-built housing. A minimum rating of 70% must be attained. Inspection personnel shall also demonstrate capability to note construction violations during actual in-plant inspections.
(f) The certification of local inspection agency inspectors shall expire 36 months from the date of initial certification. Application for recertification shall be as specified in subsection (e).
(g) The department may revoke its certification of the local inspection agency or an in-plant inspector for cause. "Cause" shall be established upon the findings of acts or omissions subsequent to certification which result in the placing of insignia on units or modules which are not in compliance with this subchapter. A department revocation may be subject to an informal administrative appeal before the director or his or her designee pursuant to Section 3056.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19990 and 19991.1, Health and Safety Code.
s 3038. Identification.
(a) Each factory-built dwelling, dwelling unit, individual dwelling room or combination thereof shall have attached thereto a permanent unit serial number. The unit serial number shall be visible throughout all phases of construction, including installation at the site.
Unit serial numbers shall consist of at least the following:
(1) Unit serial numbers for factory-built housing consisting of a single unit shall be a single serial number, i.e. 1000.
(2) Unit serial numbers for factory-built housing consisting of two or more units shall, for the purpose of identifying each unit as part of a specific group, conform to the format of:
x-y (z)
where: x is a serial number common to each unit in the group,
y is a number or letter identifying a specific unit within the group,
i.e. 1, 2, 3, or A, B, C, etc.,
z is an optional number denoting the total number of units in the
group.
An example of unit serial numbers for factory-built housing consisting of two units would be 1000-1(2) and 1000-2(2).
(b) Building components shall be identified for the purpose of in-plant and on-site inspection.
(c) Units produced within California which are to be sold or offered for sale outside of California shall be identified.
(d) Units produced outside of California, which are to be sold or offered for sale in California by a manufacturer having plan approval issued by the department, shall be specifically identified.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Section 19990, Health and Safety Code.
s 3039. Insignia of Approval.
(a) Each factory-built dwelling, dwelling unit, individual dwelling room or combination of rooms thereof, manufactured and shipped or transported separately pursuant to these regulations, shall have an insignia of approval attached thereto prior to shipment from the factory or place of manufacture. The insignia shall be placed in a visible location as shown on the plans and shall contain the following information:
(1) Name of Manufacturer
(2) Model Designation
(3) Unit Serial Number
(4) Plan Approval Number
(5) Date of Manufacture
(6) Insignia Serial Number
(7) Design wind load and exposure, roof live load, and seismic zone.
The insignia shall be purchased from the department and shall be imprinted by the manufacturer with the information required by 2, 3, 4, 5 and 7 above prior to affixing the insignia to the unit.
(b) Each building component manufactured pursuant to this subchapter shall have an insignia of approval attached thereto prior to shipment from the factory or place of manufacture. The insignia shall be placed in a visible location as shown on the plans and shall contain the plan approval number. The insignia shall be purchased from the department and shall be imprinted by the manufacturer with the plan approval number.
(c) Insignia shall remain the property of the department and may be confiscated by the department or inspection agency in the event of violation of the conditions of approval. In such case, no refund of insignia fees shall be made.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980 and 19990, Health and Safety Code.
s 3040. Application for Insignia.
Following receipt of plan approval, the manufacturer shall make application for insignia for all factory-built housing manufactured pursuant to this subchapter.
Application shall be made on forms provided by the department and shall be submitted in triplicate to the Sacramento Administrative Office accompanied by fees as specified in Section 3060.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980 and 19990, Health and Safety Code.
s 3041. Use of Insignia.
Each manufacturer shall maintain a record of the use of insignia and shall report monthly to the department regarding such use and the location of each unit produced pursuant to this subchapter.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980 and 19990, Health and Safety Code.
s 3042. Refund of Insignia Fees.
A manufacturer may request refund of the fees paid for unused insignia. Such request shall be in writing. The department shall, upon receipt of the insignia, refund the fees paid, less a twenty-five dollar ($25) handling fee. Fees paid for insignia held longer than two years from date of issuance shall not be subject to refund.
Note: Authority cited: Sections 17003.5, 19982 and 19990, Health and Safety Code. Reference: Sections 19882, 19980 and 19990, Health and Safety Code.
s 3043. Denial of Insignia.
Should inspection reveal that a manufacturer is not manufacturing units according to plans approved by the department or design approval agency, and such manufacturer, after having been served with a notice setting forth in what respect the provisions of the plan approval have been violated, continues to manufacture units in violation of the plan approval, application for new insignia shall be denied by the department and the insignia previously issued for units in violation of the plan approval shall be confiscated by the department. Upon proof of compliance satisfactory to the department or design approval agency such manufacturer may resubmit an application for insignia.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3044. Insignia Removal.
In the event that any unit bearing insignia is found to be in violation of the approved plans, the inspection agency may remove the insignia and shall furnish the manufacturer or first user or both with a written statement of such violations.
The manufacturer or first user or both shall request an inspection from the inspection agency after making corrections to bring the unit into compliance before the department shall issue a replacement insignia.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980 and 19990, Health and Safety Code.
s 3045. Lost or Damaged Insignia.
(a) When an insignia becomes lost or damaged, the department shall be notified in writing by the manufacturer. The manufacturer shall also provide the unit's serial number and when possible the insignia number. All damaged insignia shall be promptly returned to the department. Damaged and lost insignia shall be replaced by the department with a replacement insignia on payment of the replacement insignia fees as specified in Section 3060.
(b) Insignia on which information has been incorrectly imprinted may be returned for replacement subject to the replacement insignia fees as specified in Section 3060.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980 and 19990, Health and Safety Code.
s 3046. Evidence of Approval.
The quality control manual must be approved by the department or design approval agency prior to issuance of plan approval.
The approval of the plans and quality control manual shall be evidenced by the stamp of approval of the department or the design approval agency. Approved copies of each shall be returned to the manufacturer and shall be kept at each place of manufacture and made available to department representatives, the design approval agency, the local inspection agency, or representatives of the quality assurance agency. No changes, additions, or deletions to the approved plans and quality control manual shall be acceptable without prior written approval of the department or the design approval agency.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19983 and 19990, Health and Safety Code.
s 3047. Changes to Approved Plans or Quality Control Manual.
When the manufacturer proposes to change the approved plans or quality control manual, two sets of the revised plans or quality control manual shall be submitted to the department or design approval agency for approval.
The submission shall be accompanied by an application made in duplicate on forms prescribed by the department. Where the department is the enforcement agency fees shall be as specified in Section 3060.The application shall contain a narrative description of the proposed change.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19982 and 19990, Health and Safety Code.
s 3048. Plan Approval Expiration.
Plan approvals shall expire 36 months from the date of approval by the department or design approval agency. Application for plan approval renewal shall be made in duplicate on forms prescribed by the department together with two sets of plans, calculations, quality control manuals, and test data when required. Where the department is the enforcement agency fees shall be as set forth in Section 3060.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19982, 19983 and 19990, Health and Safety Code.
s 3049. Existing Plan Approvals.
When amendments to this subchapter require changes to an approved plan or quality control manual, the department or design approval agency shall notify the manufacturer of these amendments and shall allow the manufacturer 60 days from the date of such notification, or such additional time as the department or design approval agency deems reasonable, in which to submit revised plans or quality control manuals and obtain approval from the department or design approval agency. Submissions made pursuant to this section shall be processed as changes to approved plans or quality control manual. Submissions made after the time period provided shall be processed as a new plan approval.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19982, 19983 and 19990, Health and Safety Code.
s 3050. Plan Approval Revocation.
A plan approval shall remain in force and effect until revoked.
Automatic revocation of a plan approval shall occur upon expiration, or failure of the manufacturer to obtain approval of changes pursuant to Section 3049.
The department or design approval agency may revoke a plan approval upon finding definite evidence that said plans are inconsistent with these regulations or that the product is not being constructed in accordance with the approved plans and quality control manual. A revocation may be subject to an informal administrative appeal before the director or his or her designee pursuant to Section 3056.
This section shall not be construed to prohibit a manufacturer from submitting, for a new plan approval, a plan which has been revoked as provided in this section.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19982, 19983 and 19990, Health and Safety Code.
s 3051. Change of Ownership, Name or Address.
When there is a change of ownership, name or address of a manufacturing business having department or design approval agency plan approval, the department and design approval agency shall be notified of such change within ten days. Where the department is the enforcement agency the notification shall be accompanied by fees as specified in Section 3060. Previously approved plans and quality control manuals containing the correct name and address of the manufacturer and his plant locations shall be submitted to the department or design approval agency if applicable. In the event of a change of ownership, application for changes to the approved plans or quality control manual shall not be required if the new owner submits a certification that he will continue to manufacture in accordance with previously approved plans and quality control manual, and if applicable, the contract with the existing quality assurance agency will be continued.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19982, 19983 and 19990, Health and Safety Code.
s 3052. Discontinuance of Manufacture.
When a manufacturer discontinues production of a model having department or design approval agency plan approval, the manufacturer shall advise the department and design approval agency of the date of such discontinuance and return all insignia allocated for such discontinued models. Refund of insignia fees shall be as specified in Section 3060.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3053. Prototype.
(a) Notwithstanding any other provisions of this subchapter, a manufacturer may build, prior to plan approval, one prototype of each model of a dwelling or individual dwelling room or combination thereof, he proposes to manufacture provided:
(1) The manufacturer informs the inspection agency in writing that he proposes to build a prototype, submitting the proposed unit serial number and a description of his proposal, and,
(2) If the description generally complies with the requirements of this subchapter and the inspection agency provides written approval to build said prototype, and,
(3) Requests for inspection are to be made to the inspection agency, and
(4) Where the department is the inspection agency, inspection fees as specified in Section 3061 are paid at time of inspection.
(b) The inspection agency, upon request, shall inspect prototypes based upon visual in-plant inspections to determine compliance with the requirements of these regulations.
(c) Upon completion of prototype construction and approval by the inspection agency, the manufacturer shall submit a complete plan of his prototype to the department or design approval agency for approval.
Prototype plans shall be subject to the requirements relating to installation plans.
(d) Insignia shall be purchased by the manufacturer and shall be affixed to the prototype by a representative of the inspection agency, after determination that the unit complies with the requirements of these regulations.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
s 3054. Reciprocity.
(a) Except as otherwise specified in this section, the provisions contained in this subchapter shall apply to the manufacturing of factory-built housing designed, constructed, and intended to be shipped or transported to or from another state which has entered into a reciprocal agreement with the State of California, Department of Housing and Community Development.
(b) Any manufacturer who wishes to manufacture and ship factory-built housing in accordance with the provisions set forth in the reciprocal agreements between any state and the State of California must meet the qualifications established by statute or regulation in such states. Prior to approval to manufacture under reciprocal agreement, the manufacturer shall submit documented evidence that he, in fact, does meet such qualifications.
(c) Plan approval shall be obtained from the department or design approval agency for each model of factory-built housing which is to be manufactured under reciprocal agreement with another state. Where the department is the plan approval agency, fees shall be as specified in Section 3060.
(d) Factory-built housing manufactured in California under a reciprocal agreement shall be inspected during construction solely by the department. Inspection fees shall be as specified in Section 3060.
(e) Insignia shall be purchased by the manufacturer from each state and shall be affixed to each approved unit of factory-built housing. Application for California insignia shall be made on forms obtainable from the department. Fees for reciprocity insignia shall be as specified in Section 3060.
(f) Every manufacturer who wishes to ship units in reciprocity shall first agree in writing on a form acceptable to each state to correct any work not done in accordance with approved plans. He shall complete all corrections within a stipulated time period. A copy of the agreement shall be forwarded by the department to the reciprocating state.
Every manufacturer when operating under this agreement shall post a bond of sufficient amount to fully cover all work necessary to bring the unit into conformance with the approved plans. The bonding company shall be operating under the laws of both states. The bonding company shall submit a copy of the bond to each state. The bond shall cover any costs incurred by each enforcing state. This shall include attorney's fees, court costs, and other costs necessary to secure the results intended.
(g) Approval to build prototypes for shipment under reciprocal agreement shall not be granted.
(h) Upon written notice, this state or any state having a reciprocal agreement with this State may terminate the agreement. Such termination shall not occur less than 90 days from the date of written notification nor more than 6 months following such notification. The exact date of termination is subject to negotiation between such states.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19983, 19985 and 19990, Health and Safety Code.
s 3055. Complaint Investigation.
Any owner of factory-built housing manufactured pursuant to the provisions of this subchapter may file a written complaint with the department setting forth the items which the owner believes do not comply with the provisions of this subchapter. The department shall make an inspection of the unit indicated in the complaint to be in violation of this subchapter.
When an inspection reveals that such unit is in violation of any provision of this subchapter, the department shall serve the seller, person responsible for violation, or their agents, a notification setting forth in what respect the provisions of this subchapter have been violated. Violations shall be corrected within 10 days or such longer time as may be allowed by the department, and an inspection shall be requested by the person served with the notification. The request for inspection shall be accompanied by a minimum one hour inspection fee in addition to fees required for the initial inspection pursuant to the complaint. Inspection fees shall be as specified in this Section 3061.
Should the violations not be corrected within the allotted time, the department may institute legal and/or administrative action as necessary to secure compliance.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19990 and 19991, Health and Safety Code.
s 3056. Appeal and Hearing Procedures.
(a) Any person refused approval, receiving a notice of violation, or who feels aggrieved by application of this subchapter, may request and shall be granted an informal administrative hearing on the matter before the director of the department or his or her duly authorized representative. Such person shall file with the department a written petition requesting a hearing which sets forth a brief statement of the grounds therefor. (continued)