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(continued)
(b) Upon receipt of a petition, the department shall set a time and place for the hearing and shall give the petitioner at least 10 days written notice. The hearing shall commence no later than 30 days after the day on which the petition was filed except that, upon application or concurrence of the petitioner, the department may postpone the date of the hearing for a reasonable time beyond the 30-day period, if in its judgment the petitioner has submitted or the department has a good and sufficient reason for the postponement. Should petitioner fail to appear at the scheduled time and place of the hearing, the department may dismiss the petition without further action or take other action as may be appropriate.
(c) Upon conclusion of the hearing, the director of the department, or his or her duly authorized representative, shall notify the petitioner in writing of his or her decision in the matter and the reasons therefor, within 45 days.
Note: Authority cited: Sections 17003.5, 19995 and 19996, Health and Safety Code. Reference: Sections 19995 and 19996, Health and Safety Code.
s 3060. Fees.
(a) Plan Fees.
(1) Plan Filing Fees.
(A) Sixty dollars ($60) for each new model.
(B) Twenty dollars ($20) for each individually submitted change to an approved plan.
(2) Plan Checking Fee Deposit.
(A) Three hundred dollars ($300) for each new model.
(B) One hundred fifty dollars ($150) for each building component model.
(C) The department may require a plan checking fee deposit not exceeding three hundred dollars ($300) for changes to approved plans. The plan checking fee deposit less actual costs as determined by the department shall be refundable.
(3) Plan Checking Fees. Two hundred three dollars ($203) provided the plan check does not exceed one hour. When the plan check exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dollars ($46).
(4) Plan Renewal Fee. Sixty dollars ($60) for plan renewal for each model.
(5) Plan Renewal Plan Checking Fees. Two hundred three dollars ($203) provided the plan renewal plan check does not exceed one hour. When the plan renewal plan check exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dollars ($46).
(b) Quality Control Manual. Twenty dollars ($20) for each individually submitted change to an approved quality control manual.
(c) Inspection and Technical Service Fees.
(1) One hundred ninety-six dollars ($196) provided the inspection, or technical service does not exceed one hour. When the inspection, monitoring, or technical services exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dollars ($41).
(d) Out-of-State Inspection and Technical Service Fees. Fees shall be in accordance with subsection (c) plus total travel cost based on published air fare, or equivalent rate, between the point of departure in California and the point of inspection, plus necessary supplemental surface transportation, and reimbursement for food and lodging consistent with California State Department of Personnel Administration.
(e) Periodic Monitoring Inspection Fees. Periodic monitoring inspection fees shall be paid for inspection time and required travel time from the point of departure in California, in accordance with subsection (c). If reinspections are necessary as a result of a periodic monitoring inspection, the reinspection and travel time from the point of departure in California shall be paid in accordance with subsection (c). Out-of-state travel costs for periodic monitoring inspections and reinspections shall be paid in accordance with subsection (d).
(f) Insignia Fees.
(1) Sixty-two dollars ($62) for each insignia, excepting building components.
(2) Five dollars ($5) for each individual building component.
(3) Sixty-two dollars ($62) for replacement insignia.
(g) Reciprocal Insignia Fees.
(1) Insignia fees for units manufactured in California shall be as specified subsection (f).
(2) Two dollars ($2) for each single family dwelling unit, dwelling unit, individual dwelling room or combination of rooms thereof, shipped from another state under reciprocal agreement.
(3) Ten cents ($.10) for each individual building component.
(h) Out-of-State Approval Fee. Initial plant inspection fee shall be in accordance with subsection (c) and travel cost based on published air fare, or equivalent rate, between the point of departure in California and the location of the factory plus necessary supplemental surface transportation, and reimbursement for food and lodging consistent with California State Department of Personnel Administration.
(i) Change in Manufacturer Name, Ownership, or Address Fee. Sixty-two dollars ($62).
(j) Certification Fee -Quality-Assurance Agency. Three hundred twenty-eight dollars ($328) for each certification application.
(k) Quality Approval Agency Renewal. Two hundred eighty-six dollars ($286) for each renewal application.
(l) Certification Fee -Quality Assurance Inspector. Eight hundred sixty-six dollars ($866) for each person making request for certification.
(m) Quality Assurance Inspector Renewal. Two hundred fifty-three ($253) for each renewal application.
(n) Certification Fee -Design Approval Agency. Three hundred twenty-eight dollars ($328) for each certification application.
(o) Design Approval Agency Renewal. Two hundred eighty-six dollars ($286) for each renewal application.
(p) Design Approval Agency Monitoring Fee.
(1) Forty-two dollars ($42) for each approved plan or plan renewal.
(2) Nineteen dollars ($19) for each amendment to previously approved plans or manuals.
(3) Twenty dollars ($20) for each approved quality control manual.
(q) Alternate Approval. Two hundred three dollars ($203) provided the plan renewal plan check does not exceed one hour. When the plan renewal plan check exceeds one hour, the following fees shall apply:
(1) Second and subsequent whole hours: ninety-two dollars ($92).
(2) Each thirty (30) minutes, or fractional part thereof: forty-six dollars ($46).
(r) Alternate Approval Plan Review. Two hundred three dollars ($203) for each hour.
Note: Authority cited: Sections 19982 and 19990, Health and Safety Code. Reference: Sections 19982 and 19990, Health and Safety Code.
s 3061. Inspection Fees, Payment and Collection.
(a) Each manufacturer of factory-built housing having the department as its inspection agency shall submit in-plant inspection fees to the department pursuant to Section 3060. In-plant inspection fees are payable to the department, at the option of the manufacturer and/or department, in the following manner:
(1) Monthly, after billing by the department for in-plant inspection hours during the billing period, or,
(2) Advance hours during a monthly period.
(b) The department may require one or more of the following actions for the cause noted:
(1) Require that payments be made in the form of cashiers check drawn upon a bank or savings an loan as a result of failure to pay previous fees with good and sufficient funds.
(2) Discontinue in-plant inspection for failure to pay in-plant inspection fees or for failure to pay such fees with good and sufficient funds.
(3) Discontinue the issuance of labels or insignia for failure to pay in-plant inspection fees or for failure to pay such fees with good and sufficient funds.
(4) Reappropriate labels or insignia previously issued for failure to pay in-plant inspection fees or for failure to pay such fees with good and sufficient funds.
(c) Where manufacturers are subject to monthly billing for in-plant inspection fees, the department shall mail a statement to the manufacturer on either the 1st, 10th, or 20th day of the month. The statement shall set forth the amount due the department for in-plant inspection services during the billing period. The amount set forth in the statement shall be due and payable upon receipt and shall be past due if not received by the department on the 10th day after the statement date.
(d) The department, upon written notice from the manufacturer indicating that in-plant inspection will no longer be necessary and explaining the reasons therefore, shall within 60 days from receipt of such notice re fund any credits due the manufacturer from advance deposits made in accordance with subsection (a)(2) of this section.
Note: Authority cited: Sections 17003.5, 19982 and 19990, Health and Safety Code. Reference: Sections 19982 and 19990, Health and Safety Code.
s 3070. Design and Fabrication.
The design and fabrication of factory-built housing shall be in accordance with the applicable building standards contained in Parts 2, 3, 4 and 5, Title 24, California Administrative Code.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Section 19990, Health and Safety Code.
s 3071. New Concepts, Alternates and Equivalents.
(a) The provisions of this subchapter are not intended to prevent the use of any new concept, material, appliance, system, device, arrangement, or method of construction not specifically prescribed by this subchapter, provided any such alternate or equivalent has been approved.
(b) The department or design approval agency shall approve any such new concept, alternate or equivalent if it finds that the proposed design is satisfactory and that the material, appliance, device, arrangement, method, system of work offered complies with the intent of this subchapter.
(c) Whenever there is definite evidence that any material, appliance, device, arrangement, system or method of construction does not conform to subdivision (b), or in order to substantiate claims for new concepts, alternates, or equivalents, the department or design approval agency may require tests or proof of compliance to be made at the expense of the manufacturer or his agent. Such action and requirements shall 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: Sections 19983 and 19990, Health and Safety Code.
s 3072. Calculations and Test Procedures.
(a) The load-carrying capacity of elements or assemblies shall be established by calculations in accordance with generally established principles of engineering design. However, when the composition or configuration of elements, assemblies or details of structural members are such that calculations of their safe load-carrying capacity and basic structural integrity cannot be accurately determined in accordance with generally established principles of engineering design, structural properties of such members or assemblies may be established by the results of tests acceptable to the department or design approval agency.
(b) When any structural design or method of construction is substantiated by calculations and supporting data, such calculations and supporting data shall be signed by a California licensed architect, or professional engineer and shall be submitted to the department or design approval agency as appropriate.
(c) When the design of factory-built housing is substantiated by calculations or tests, all structural plans shall be signed by the architect or engineer in responsible charge of the total design.
(d) When any design or method of construction is substantiated by tests, all such tests shall be performed by an approved testing agency acceptable to the department or design approval agency or shall be directed, witnessed and evaluated by an independent California licensed architect or professional engineer. All test procedures and results shall be reviewed, evaluated and signed by an independent California licensed architect or professional engineer. The approved testing agency, architect or professional engineer shall submit the evaluation of test results, calculations, and recommendations, accompanied by test reports from the laboratory, to the department or design approval agency. The department or design approval agency may require that its representative witness the test.
(e) The manufacturer shall indicate how the units are transported from the factory to the site and provide specific calculations and any other information necessary to substantiate the capability of the unit to resist transportation and installation stresses.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19983 and 19990, Health and Safety Code.
s 3073. Equipment and Systems.
(a) All equipment and systems shall be subject to the approval of the department or design approval agency and provisions of this subchapter. The department or design approval agency may accept for approval such equipment and systems which are listed or labeled by an approved testing or listing agency. Equipment and systems not listed or labeled may be accepted for approval by the department or design approval agency when it determines such equipment and systems are adequate for the protection of health, safety, and the general welfare and are consistent with the provisions of this subchapter.
(b) Equipment and systems may be disapproved when such equipment and systems, even though listed or labeled by an approved testing or listing agency, are not adequate for the protection of health, safety, and the general welfare and are not consistent with the provisions of this subchapter.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19983 and 19990, Health and Safety Code.
s 3074. Department Disapproval of Listed or Labeled Equipment and Systems.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Section 19990, Health and Safety Code.
s 3080. Enforcement of Installation.
As set forth in Section 19992 of the Health and Safety Code, local enforcement agencies shall enforce and inspect the installation of factory-built housing.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19990 and 19992, Health and Safety Code.
s 3081. Installation Plans.
(a) A manufacturer of factory-built housing having plan approval shall furnish a minimum of two complete sets of the approved factory-built housing plans to the installer, who shall submit at least one set to the local enforcement agency prior to installation. The approved plans will contain a resume of the installation work to be done on-site, and will indicate the location on the unit where the department insignia of approval can be found.
(b) Plans approved by the department or a design approval agency shall be accepted by the local enforcement agency as approved for the purpose of obtaining an installation permit when the design criteria are consistent with the requirements for the locality, as determined by the local enforcement agency.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19980, 19981, 19983, 19990 and 19993, Health and Safety Code.
s 3082. Modifications During Installation.
Pursuant to Section 19981(c) of the Health and Safety Code, no factory-built housing shall be in any way modified during installation unless approval for such modification is first obtained from the local enforcement agency.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Reference: Sections 19981 and 19990, Health and Safety Code.
s 4000. Authority for Chapter.
(a) This chapter is adopted pursuant to the provisions of Section 18020 of the Health and Safety Code in order to implement, interpret, and make specific and otherwise carry out the provisions of Division 13, Part 2 (commencing with 18000) of the Health and Safety Code relating to the manufacture, sale, offering for sale, rent or lease of mobile homes, commercial coaches and recreational vehicles.
Applicable provisions of the Health and Safety Code relating to mobile homes, recreational vehicles, and commercial coaches are reproduced in Appendix A of this subchapter for reference.
(b) Pursuant to the National Mobile Home Construction and Safety Standards Act of 1974 (Public Law 93-383) the department is authorized responsibility for administration and enforcement of Mobile Home Procedural and Enforcement Regulations and Construction and Safety Standards relating to any issue with respect to which a Federal standard (Title VI (24 C.F.R.) requirement) has been established.
The provisions of the Mobile Home Construction and Safety Standards Act, Title VI of the Housing and Community Development Act of 1974 (Public Law 93-383) are reproduced in Appendix B of this subchapter for reference.
(c) The Federal mobile home procedural and Enforcement Regulations and Mobile Home Construction and Safety Standards (Title VI, 24 C.F.R.) are reproduced in Article 2, division 2 and 3 of this subchapter for reference.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18000 et seq., Health and Safety Code.
s 4002. Application and Scope.
(a) Pursuant to Sections 18000-18080.5 of the California Health and Safety Code, the provisions of this chapter relating to plumbing, heat-producing and electrical equipment and installations are applicable to all mobile homes, travel coaches, recreational vehicles, travel trailers and camp cars manufactured after September 1, 1958, all trailer coaches designed or used for industrial professional, or commercial purposes manufactured after May 25, 1967, which are sold, offered for sale, rent or lease within the State of California. The provisions of his chapter relating to construction and fire safety apply to mobile homes and commercial coaches manufactured after September 15, 1971, recreational vehicles manufactured after January 1, 1974, which are sold, offered for sale, rent or lease within the State of California. The provisions of this chapter are also applicable to the alteration or conversion of any construction or fire safety equipment or installations in mobile homes or commercial coaches manufactured after September 15, 1971, and the fire safety equipment and installations in recreational vehicles manufactured after January 1, 1974, when such vehicle bears or is required to bear a department insignia or HUD label. The provisions of this chapter are also applicable to the alteration or conversion of any plumbing, heat-producing or electrical equipment and installations in any such vehicle bearing, or required to bear, an insignia or HUD label.
(b) The regulations contained in Article 3.5 of this subchapter are applicable to special purpose commercial coaches that are manufactured after July 1, 1979.
Note: Authority cited: Section 18020; Health and Safety Code. Reference: Sections 18021, 18055, 18056.5, 18057, 18058, Health and Safety Code.
s 4004. Definitions.
Definitions contained in the California Health and Safety Code, Division 13, Part 2, Chapter 1 (commencing with Section 18000) and the following shall govern this subchapter.
(a) Alteration. The conversion, replacement, addition, reconstruction, modification or removal of any equipment or installations which may affect the construction, fire safety, occupancy, plumbing, heat-producingor electrical system or the functioning thereof, of units subject to this subchapter.
(b) Camping Trailer. A recreational vehicle which is mounted onwheels and constructed with collapsible partial side walls which fold fortowing by another vehicle and unfold at the camp site.
(c) Ceiling Height. The clear vertical distance from the finished floorto the finished ceiling.
(d) Certification or Certified. The approval by the department or aQuality Assurance Agency, of a manufacturer to receive a supply of insignia and a reduced frequency of inspection, subsequent to the manufacturer demonstrating its quality control program which results in the production of units in compliance with applicable provisions of this Chapter.
(e) Construction. The same as "Manufacture."
(f) Design Approval Agency. A third-party entity approved by the department -
(1) to review and approve plans and quality control manuals relatingto the manufacture of mobilehomes, multi-unit manufactured housing,commercial coaches, special purpose commercial coaches and recreational vehicles, and
(2) to review and approve plans for the design and installation of firesprinkler systems during the manufacture of either manufactured homesor multi-unit manufactured housing with two dwelling units.
(g) Dormitory. A room occupied or intended to be occupied by morethan two guests.
(h) Equipment. All materials, appliances, devices, fixtures, fittings oraccessories used in the construction, fire safety, plumbing, heat-producing and electrical systems of units subject to this subchapter.
(i) Exit. A continuous and unobstructed means of egress to the exteriorof the unit.
(j) Expandable Units. An enclosed room, semi-enclosed room, orroofed porch which expands outward from the basic unit by means ofrollers, hinges, or other devices or arrangements, but is designed as astructural portion of the unit and is carried within the unit while travelingon the highway.
(k) Fire Safety. The conditions relating to the prevention of fire or forthe protection of life and property against fire.
( l ) Fire Sprinkler System. An integrated system of piping, connectedto a water supply, with listed sprinklers that automatically initiate waterdischarge over a fire area.
(m) Flame Spread. The propagation of flame over a surface.
(n) Floor Area. The area included within the surrounding exteriorwalls of a unit or portion thereof, subject to these regulations.
(o) Guest Room. Any room or rooms used, or intended to be used bya guest for sleeping purposes. Every 100 square feet of superficial floorarea in a dormitory shall be considered to be a guest room.
(p) Habitable Room. A room or enclosed floor space arranged for living, eating, food preparation, or sleeping purposes (not including bathrooms, toilet compartments, laundries, pantries, foyers, hallways, andother accessory floor spaces).
(q) HUD Label. A label issued to manufactured homes manufacturedon or after June 15, 1976, indicating compliance with Federal Standardsand Regulations of the U.S. Department of Housing and Urban Development, pursuant to Public Law 93-383 and 24 C.F.R.
(r) Insignia. A tab or tag issued by the department to indicate compliance, on the date of issue, with the requirements of this subchapter.
(s) Insignia Administrator. A person on the staff of a Quality Assurance Agency designated as responsible for the procurement and administration of insignia and the maintenance of insignia security.
(t) Insignia Security. A system designed for the safekeeping of insignia which accounts for the disposition of each insignia, which ensures theproper entry of information on the insignia in the case of a commercialcoach, and which maintains restricted access to the insignia as necessaryto eliminate the potential for loss, damage and misappropriation of theinsignia.
(u) Installations. All arrangements and methods of construction, firesafety, plumbing, heat-producing and electrical systems used in unitssubject to this chapter.
(v) Interior Finish. The surface material of walls, fixed or movable partitions, ceilings and other exposed interior surfaces affixed to the unit'sstructure including any material such as paint or wallpaper and the substrate to which they are applied. Interior finish does not include windowsand doors or their frames, skylight, trim, moldings, decorations or furnishings which are not affixed to the unit's structure.
(w) Labeled. Materials, products, or equipment bearing the inspectionlabel of an approved listing agency.
(x) Length. The distance measured from the exterior of the front wallto the exterior of the rear wall of a unit where such walls enclose the livingor other interior space, including expandable rooms, but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions,or other attachments.
(y) Listed. Equipment, materials, products, or installations included ina list published by an approved listing agency. The listing agency conducts periodic inspections of the production of the listed equipment, materials, or products, and conducts periodic evaluations of the listed installations. The list means:
(1) that the listed equipment, material, product, or installation complies with the corresponding appropriate nationally recognized standardand is suitable for the specified purpose, or
(2) that the listed equipment, material, product, or installation has beentested, and found suitable for use in a specified manner.
(z) Listing Agency. An independent agency approved by the department, that is in the business of listing and labeling equipment, materials,products, or installations and that maintains a periodic inspection program on current production of listed equipment, materials, or productsor periodic evaluations of listed installations. A listing agency makesavailable at least annually a published report of listings that includes specific information about the nationally recognized standard with whicheach item complies and the manner in which the item is safe for use, orinformation about a listed equipment, material, product, or installationthat has been tested and found suitable for use in a specified manner.
(aa) Loads.
(1) Dead Load is the vertical load due to the weight of all permanentstructural and nonstructural components of a unit such as walls, floors,and fixed service equipment.
(2) Live Load. The load superimposed by the use and occupancy of theunit not including the wind load, earthquake or dead load.
(3) Wind Load. The lateral or vertical pressure or uplift on the unit dueto wind blowing in any direction.
(bb) Manufacture. The manufacture, fabrication, erection or buildingup of elements of a unit subject to this subchapter including, but not limited to, structural, fire and life safety, mechanical, plumbing and electrical materials and installations.
(cc) Mobile Food Preparation Unit. A special purpose commercialcoach upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution.
(dd) Model. A manufactured home, mobilehome, commercial coach,special purpose commercial coach, recreational vehicle or multi-unitmanufactured housing of a specific design designated by the manufacturer based on width, type of construction, or room configuration.
(ee) Motor Home. A recreational vehicle built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van,which becomes an integral part of the completed vehicle, designed forhuman habitation for recreational, or emergency occupancy.
(ff) Occupancy. The designate purpose for which a unit or part thereof,is used or intended to be used.
(gg) Plan. A drawing or set of drawings pertaining to one design fora unit distinguished by size, room configuration or type of construction,or pertaining to one typical system to be used in production models.
(hh) Plan Approval. Relates to plans approved by the department or aDesign Approval Agency as meeting the requirements of law and thissubchapter -
(1) for the manufacture of mobilehomes, multi-unit manufacturedhousing, commercial coaches, special purpose commercial coaches orrecreational vehicles, and
(2) for the design and installation of fire sprinkler systems in manufactured homes and in multi-unit manufactured housing with two dwellingunits.
(ii) "Professional Engineer." A person engaged in professional practice as defined in Business and Professions Code Section 6701.
(jj) Prohibited Sales Notice. A printed notification issued by the department that the unit may not be offered for sale because of violationsof the provisions of law or this subchapter.
(kk) Quality Assurance Agency. A third-party entity approved by thedepartment to conduct inspections and monitor in-plant quality assurance programs to determine compliance with approved plans, qualitycontrol manuals and/or this subchapter -
(1) during the manufacture of mobilehomes, multi-unit manufacturedhousing, commercial coaches, special purpose commercial coaches andrecreational vehicles subject to this subchapter, and
(2) during the installation of a fire sprinkler system in a manufacturedhome or in multi-unit manufactured housing with two dwelling units.
( ll ) Quality Assurance and Quality Control. When used in Health andSafety Code Sections 18013.2 and 18020 and this subchapter, shall meanthe same.
(mm) Quality Assurance Inspector. A person approved by the department and employed by an approved Quality Assurance Agency to conduct inspections and monitor quality assurance programs pursuant to thissubchapter.
(nn) Quality Control Manual. A manual developed by a manufacturerand approved by the department or a Design Approval Agency, whichdescribes in detail a program of procedures, tests, and inspections to beperformed by the manufacturer during the manufacturing process to assure that all materials, systems, equipment and assemblies of a mobilehome, multi-unit manufactured housing, commercial coach, special purpose commercial coach or recreational vehicle, comply with approvedplans, the Health and Safety Code, Division 13, Part 2, and this subchapter.
(oo) Serial Number. An identification number assigned by the manufacturer for the purpose of distinguishing each individual unit.
(pp) Smoke Detector. An approved device which senses visible or invisible particles of combustion.
(qq) Supplier. A person or firm which manufactures or sells equipment, materials and goods used in the manufacture of mobilehomes, multi-unit manufactured housing, commercial coaches, special purposecommercial coaches, and recreational vehicles.
(rr) Technical Service. Interpretation and clarification by the department of technical data relating to the application of this subchapter.
(ss) Testing Agency. An organization that:
(1) is in the business of testing materials, products, equipment or installations;
(2) is qualified and equipped for such experimental testing;
(3) is not under the jurisdiction or control of any manufacturer orsupplier for any affected industry; and
(4) is approved by the department pursuant to Section 4006.
(tt) Travel Trailer. A recreational vehicle mounted on wheels, of sucha size or weight as not to require special highway movement permitswhen drawn by a motor vehicle.
(uu) Typical Systems. A design for either a structural, fire-life safety, electrical, mechanical or plumbing system which is designed for use inmore than one model.
(vv) Uniform Building Code (UBC). A building code published by theInternational Conference of Building Officials.
(ww) Unit. A manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, special purpose commercial coach orrecreational vehicle.
(xx) Vehicle Identification Number (VIN). A serial number.
(yy) Wall-Bearing. A wall which supports any superimposed load inexcess of 100 pounds per lineal foot.
(zz) Wall-Exterior. A wall or element of a wall which defines the exterior boundaries of a unit.
(aaa) Wall-Nonbearing. A wall which supports no load other than itsown weight.
Note: Authority cited: Sections 18015, 18015.5, 18020, 18025, 18028, 18029and 18029.5, Health and Safety Code. Reference: Sections 18010, 18015,18015.5, 18020, 18025, 18025.5, 18026, 18028, 18029, 18029.3, 18029.5, 18030and 18031.5, Health and Safety Code.
s 4005. Enforcement.
The department shall administer and enforce all the provisions of this chapter and the Federal Mobile Home Construction and Safety Standards, Title VI (24 C.F.R.). Any officer, agent or employee of the department is authorized to enter any premises where vehicles are manufactured, sold, offered for sale, rent or lease. He may examine any records and may inspect any vehicles, equipment or installations to ensure compliance with the provisions of this chapter and the Federal Mobile Home Construction and Safety Standards, Title VI (24 C.F.R.). When it becomes necessary to determine compliance he may require that a portion or portions of such vehicles be removed or exposed in order that an inspection or required tests be made to determine compliance.
s 4006. Equipment and Installations.
(a) All equipment and installations in the construction, fire safety, plumbing, heat-producing and electrical systems of vehicles shall be subject to the approval of the department and the provisions of this chapter. The department may accept for approval such equipment and installations which are listed and labeled by an approved testing or listing agency. Equipment and installations not listed and labeled may be accepted for approval by the department when it determines such equipment and installations are adequate for the protection of health, safety and the general welfare.
(b) Existing equipment and installations may be accepted for approval by the department provided such equipment and installations do not present a hazard to the health and safety of the occupants of a vehicle and the public.
(c) The following information and criteria will be required by the department in considering acceptance of approved listing and testing agencies.
(1) Names of agents or officers and location of offices.
(2) Specification and description of services proposed to be furnished under these Rules and Regulations.
(3) Description of qualifications of personnel and their responsibilities.
(4) Summary of organizational experience.
(5) General description of procedures and facilities to be used in proposed services, including evaluation of the product, factory follow-up, quality assurance, labeling of production units, and specific information to be furnished with the listing.
(6) How defective units resulting from oversight are to be dealt with.
(7) Proof of independence and absence of conflict of interest.
(8) A published directory including product manufacturer and product information.
(d) The following information and criteria will be required by the department in considering acceptance of independent engineers qualifying under Section 4019.
(1) Names of agents or officers and location of offices.
(2) Specification and description of services proposed to be furnished under these Rules and Regulations.
(3) Description of qualifications of personnel and their responsibilities.
(4) Summary of organizational experience.
(5) How defective units resulting from oversight are to be dealt with.
(6) Proof of independence and absence of conflict of interest.
s 4007. Department Disapproval of Listed or Labeled Equipment and Installations.
Equipment and installations may be disapproved by the department when it determines that such equipment and installations, even though listed and labeled by an approved testing and listing agency, are not adequate for the protection of health, safety and the general welfare.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18001, 18020, 18022, Health and Safety Code.
s 4008. Approval of Alternates and Equivalents.
Any construction, equipment or installations may be submitted to the department for approval as an alternate or equivalent pursuant to Section 18016 of the California Health and Safety Code.
Requests for approval of alternates and equivalents shall be submitted to the department on Form HCD 415, dated August, 1983 supplied by the department together with an alternate approval fee and the plan check fee for a minimum of one (1) hour as specified in Section 4044 of this chapter and three sets of substantiating plans and information. If the plan checking exceeds one (1) hour the balance due shall be paid prior to the issuance of the department approval.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Section 18016, Health and Safety Code.
s 4009. Manufacturer's Approval.
(a) Every manufacturer of vehicles subject to requirements of this chapter shall obtain approval and insignia for each vehicle by requesting an inspection pursuant to Sections 4010 and 4011 or by the plan approval method pursuant to Sections 4015-4026. Where insignia are obtained pursuant to the plan approval method, those vehicles for which plan approval insignia have been issued shall be manufactured in accordance with approved plans.
(b) Every manufacturer of mobile homes subject to the requirements of Title VI (24 C.F.R.) shall obtain approval and labels for each mobile home manufactured on or after June 15, 1976, pursuant to Sections 4010.5 and 4015.
s 4010. Required Inspection.
Any person selling, offering for sale, renting, leasing, altering or converting any mobile home, trailer coach, recreational vehicle travel trailer or camp car, manufactured after September 1, 1958, any trailer coach or commercial coach designed or used for industrial, commercial or professional purposes, manufactured after May 25, 1967, shall request an inspection by the department under any of the following conditions:
(a) If the vehicle does not bear a department insignia or HUD label.
(b) When the vehicle bearing or required to bear a department insignia or HUD label is to be altered or converted.
(c) Where a notice requiring corrections has been given and a reinspection is necessary to determine compliance.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18020, 18055.5, 18056, 18056.1, 18057, Health and Safety Code.
s 4010.5. Monitoring Inspection Fees.
(a) When the department conducts inspections of the production of manufactured homes, mobile homes, commercial coaches, or special purpose commercial coaches subject to this subchapter, the manufacturer shall submit in-plant monitoring fees to the department pursuant to Section 4044. In-plant monitoring fees are payable to the department, at the option of the manufacturer and/or department, in the following manner:
(1) Monthly, after billing by the department for in-plant monitoring hours during the billing period, or,
(2) Advance deposit with the department by manufacturers for in-plant monitoring hours during a monthly period.
(b) The department may for cause:
(1) Require that payments be made in the form of cashiers check drawn upon a recognized bank.
(2) Discontinue in-plant monitoring for failure to pay in-plant monitoring fees or for failure to pay such fees with good and sufficient funds.
(3) Discontinue the issuance of labels or insignia for failure to pay in-plant monitoring fees or for failure to pay such fees with good and sufficient funds.
(4) Reappropriate labels or insignia previously issued for failure to pay in-plant monitoring fees or for failure to pay such fees with good and sufficient funds.
(c) Where manufacturers are subject to monthly billing for in-plant monitoring fees a statement shall be mailed to the manufacturer on either the 1st, 10th, or 20th day of the month. The statement shall set forth the amount due the department for in-plant monitoring services during the billing period. The amount set forth in the statement shall be due and payable upon receipt and shall be past due if not received by the department on the 10th day after the statement date.
(d) The department, upon written notice from the manufacturer indicating that in-plant monitoring will no longer be necessary and explaining the reasons therefore, shall within 60 days from receipt of such notice refund any credits due the manufacturer from advance deposits made in accordance with subsection (a) (2) of this section.
(e) The department shall charge manufacturers Technical Service Fees in accordance with Section 4044 for the actual time spent in processing checks or drafts which can not readily be converted to good and sufficient funds.
(f) When the enforcement of this chapter has been delegated to third-party entities, monitoring fees shall not be charged a manufacturer for department inspections conducted to evaluate the performance of a third-party entity.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18020 and 18031, Health and Safety Code.
s 4011. Inspection Approval.
(a) Any person manufacturing, owning, selling, offering for sale, renting, leasing, altering or converting any vehicle may request the department to make an inspection of such vehicle for approval pursuant to this chapter.
(b) Request for inspection shall be made in writing to the department at least five working days prior to the desired date of inspection and shall indicate the date upon which the inspection is to be made, the location, make, model, serial number of the vehicle, and the serial number of the department insignia or HUD label affixed to the vehicle, if any, and be accompanied by the minimum inspection fees pursuant to Section 4044 of this subchapter. All additional inspection fees are payable upon completion of each inspection. Written requests shall be submitted to the appropriate department office.
Where the vehicle is not available or ready for inspection at the location indicated on the request, a one hour inspection fee shall be charged.
(c) The department may require plans, specifications, calculations or test results pursuant to Sections 4015, 4016, 4017 and 4019 of this chapter.
(d) Where it is necessary to determine compliance with the regulations the department may require inspections prior and subsequent to completion of construction.
(e) Where a manufacturer requests an inspection of a mobile home or commercial coach under construction he shall have an approved structural plan on file with the department for the structural system, pursuant to Section 4015.
(f) Where a person proposes to sell, offer for sale, rent or lease a mobile home manufactured after September 15, 1971, and before June 15, 1976, or commercial coach manufactured after September 15, 1971, for which an insignia of approval has not been issued, it will be necessary for such person to supply the division with written certification by a California licensed architect or professional engineer stating that the vehicle has been inspected and the structural system of the vehicle is constructed in accordance with the regulations. The division will make an inspection of the fire safety, exits, ceiling heights, room and hallway sizes, light and ventilation, safety glass, electrical, mechanical and plumbing equipment and installations in order to determine compliance with the regulations.
The applicant shall also furnish written certification to the division that the vehicle or structure is designed to comply with Section 4049.3 (a)(21),(22), (23) and (24) or Section 4369.5 of this subchapter.
(g) Pursuant to Sections 4021 and 4021.5 out-of-state manufacturers shall request an inspection to be made at the manufacturer's plant while the vehicle(s) is under construction and at a stage where it is possible to inspect structural components such as roof trusses, wall and floor assemblies and rough-in for electrical, mechanical and plumbing systems.
If it is no possible, after inspection, to approve the vehicle(s) it will be necessary for the manufacturer to request a reinspection to be made at the manufacturer's plant.
Requests for out-of-state inspections shall be submitted, in writing, together with the out-of-state inspection fees pursuant to Section 4044, to the Sacramento, California office at least 10 working days prior to the desired date of inspection and shall indicate the date upon which the inspection is to be made, the location, type of vehicle, model and serial number.
(h) California insignia of approval will not be issued until the Department can effectively determine, that the manufacturer's assembly, quality-control procedures and vehicles produced for sale in California comply with the California regulations. The department shall make inspections of vehicles under construction at the manufacturer's facilities to determine compliance.
(i) Where any person has made an application for an inspection and paid the required fees, such person shall request the inspection within 90 days after making such application or the application shall be voided and fees forfeited.
Note: Authority cited: Sections 17003.5 and 18015, Health and Safety Code. Reference: Sections 18025, 18028, 18029.5 and 18031.5, Health and Safety Code.
s 4011.5. Prototypes, General.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18020, 18055 and 18056.5, Health and Safety Code.
s 4012. Action After Requested Inspection.
After a requested or required inspection pursuant to Sections 4010 and 4011 of this subchapter, if the vehicle inspected meets the requirements of this subchapter and the applicant submits insignia fees pursuant to Section 4044, an insignia shall be issued for such vehicle.
Note: Authority cited: Section 18020, Health & Safety Code. Reference: Sections 18020, 18055.5, 18056, 18056.1, Health & Safety Code.
s 4013. Notice of Violations.
When an inspection reveals that a vehicle bearing, or required to bear, a department insignia, is in violation of any provisions of this subchapter, the department shall serve upon the owner, person responsible for violation, or their agents, a Notice of Violations setting forth in what respect the provisions of this chapter have been violated. The department may also post the vehicle with a Prohibited Sales Notice. Violations shall be corrected within 20 days or such other period of time as may be allowed by the department, and an inspection shall be requested by the person served with the Notice of Violations. Should the violations not be corrected within the allotted time, the department shall institute legal and/or administrative actions as necessary to secure compliance and may reappropriate the department's insignia.
Any person served with a Notice of Violations shall, within 20 days of receipt, notify the department in writing of the action taken to correct the violations, and may file a request for a hearing pursuant to Section 4045 of this subchapter. No person served with a Notice of Violations shall move or cause to be moved said vehicle until the department has been furnished written notification of its destination and disposition. No person shall remove or cause to be removed a Prohibited Sales Notice until so authorized by the department.
Note: Authority cited: Section 18020, Health & Safety Code. Reference: Sections 18055.5, 18056.1, 18080, Health and Safety Code.
s 4013.5. Complaint Investigation.
Any owner of a vehicle bearing, or required to bear, a department insignia or HUD label 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.
(a) Upon receipt of a complaint indicating the possible existence of a violation of this subchapter, the department shall forward a copy of the complaint or other information to the manufacturer, seller, or person responsible for violations, or their agents.
(b) Any person served with a complaint or other information shall, as soon as possible, but not later than 20 days after receipt of the complaint or other information, make an investigation, any necessary inspections and determine if there are violations of this subchapter for which the person served is responsible.
Where the person served with a complaint or other information determines responsibility for correcting the violations, such person shall notify the department in writing of the action proposed to correct the violations. Violations shall be corrected within 20 days or such other time specified by the department.
Upon request the department may grant an extension of time for correction of violations.
(c) Where the person served with a complaint or other information fails to take action within the specified time the department may make an inspection of the unit(s) and may institute legal and/or administrative action as necessary to secure compliance with this subchapter.
(d) Where a reinspection is required to determine compliance with any order requiring corrective action, the person responsible for taking the corrective action shall request inspection(s) pursuant to Section 4010 and submit fees for such inspection(s) pursuant to Section 4044.
(e) Where the department determines that an imminent safety hazard or serious defect may exist the department shall notify the manufacturer, seller or person responsible for the violation(s) and may require that immediate action be taken by the responsible person to correct such violations. The department may make necessary inspections to determine if violations exist and to secure compliance.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18055, 18055.5, 18056.1 and 18060, Health and Safety Code.
s 4014. Technical Service.
Any person may request technical service. Requests for such service shall be submitted to the department in writing and accompanied by the technical service fee specified in Section 4044. Requests for out-of-state technical service shall alsoinclude the requested out-of-state technical service fees specified in Section 4044. Fees shall be submitted by a cashier's check, money order, personal or company check, payable to the Department of Housing and Community Development. (continued)