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(continued)
Note: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Reference: Sections 17040 and 17041, Health and Safety Code.
s 902. Installation Requirements.
All mobile homes in a labor camp shall be maintained in accordance with the provisions of Title 25, California Administrative Code, Part 1, Chapter 2, Subchapters 1 and 2, as applicable.
Note: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Reference: Sections 17040 and 17041, Health and Safety Code.
s 904. Insignia and/or Label Required.
The mobile homes constructed prior to June 15, 1976, recreational vehicles, and commercial coaches provided by the employer shall bear an insignia of approval issued by the Department of Housing and Community Development. The mobile homes constructed on or after June 15, 1976, shall bear a label indicating compliance to the Federal Mobile home Construction and Safety Standards.
Note: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Reference: Sections 17040 and 17041, Health and Safety Code.
s 908. Alterations and Conversions.
All mobile homes required to bear a department insignia of approval and/or a Federal label shall be maintained in compliance with Title 25, California Administrative Code, Chapter 3, Subchapters 1 and 2. Prior to making any alteration or conversion, a permit shall be obtained from the department.
Note: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Reference: Sections 17040 and 17041, Health and Safety Code.
s 910. Tents.
(a) The tents provided by the operator shall not be used to house occupants unless such tents are maintained with tight wooden floors raised at least four inches (10.1 centimeters) above the ground level and are equipped with baseboards on all sides to a height of at least six inches (15.2 centimeters) or maintained with concrete slabs with the finished surface at least four inches (10.1 centimeters) above grade and equipped with curbs on all sides at least six inches (15.2 centimeters) high.
(b) A tent shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent during the period of occupancy.
Note: Authority cited: Sections 17040, 17041 and 17050, Health and Safety Code. Reference: Sections 17040 and 17041, Health and Safety Code.
s 920. Actions and Proceedings.
(a) Actions and proceedings of this subchapter shall be in accordance with Chapters 5 and 6 (commencing with Section 17050) of the Health and Safety Code.
(b) The enforcement agency may revoke without additional hearing the permit to operate or exemption of a labor camp whenever any judgment is rendered against the operator thereof concerning the operation of the labor camp.
(c) The enforcement agency may revoke without additional hearing the exemption of employee community housing whenever any judgment is rendered against the owner or operator thereof for not maintaining or operating such employee community housing in substantial compliance with relevant portions of these regulations.
Note: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety Code. Reference: Sections 17040, 17051, 17060.5 and 17061, Health and Safety Code.
s 922. Permit or Exemption Suspension.
If any labor camp or employee community housing is not in substantial compliance with relevant use, occupancy, or maintenance provisions of the Employee Housing Act, this subchapter, or the conditions of the permit to operate, or exemption, the permit to operate or exemption may be suspended by the enforcement agency pursuant to the procedures in this article.
Note: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Reference: Section 17036, Health and Safety Code.
s 923. Authority to Serve Notices.
Authority to serve notices required by this subchapter is provided in Section 17051 of the Health and Safety Code.
Note: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and Safety Code. Reference: Section 17051, Health and Safety Code.
s 924. Notice.
The enforcement agency shall issue and serve upon the permittee or exemptee a notice setting forth in what respects the provisions of the Health and Safety Code, this subchapter or the conditions of the permit to operate or exemption have been violated, and shall notify him that unless these provisions have been complied with within five days, or within such longer period of time, not to exceed 30 days, which may be allowed by the enforcement agency from the date of notice, the permit to operate or exemption shall be suspended.
Note: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Reference: Sections 17036, 17051 and 17060, Health and Safety Code.
s 926. Service.
The notice shall be served by posting at least one copy in a conspicuous place on the premises described in said permit or exemption, and by sending another copy by certified mail, postage prepaid, return receipt requested, to the person to whom the permit or exemption was issued at the permittee's or exemptee's address of record, or as otherwise designated on the permit or exemption. The notice may also be served by personal service at the discretion of the enforcement agency.
Note: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Reference: Sections 17036 and 17051, Health and Safety Code.
s 928. Appeal.
Any permittee or exemptee receiving a notice of suspension or revocation may request a hearing on the matter. The permittee or exemptee shall file a written petition with the enforcement agency within 10 days of the posting or service of such notice requesting such hearing and setting forth a brief statement of the grounds therefor.
Note: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Reference: Sections 17036 and 17051, Health and Safety Code.
s 930. Hearing.
(a) Upon receipt of such petition, the enforcement agency within 10 days shall set a time and place for such hearing and shall give the petitioner a written notice thereof. The hearing shall be no less than 10 days or more than 20 days from service of this notice. At such hearing the petitioner shall be given the opportunity to show cause, if any, why the permit to operate or exemption should not be suspended or revoked.
(b) After such hearing the enforcement agency shall sustain, modify or withdraw the notice, depending upon its findings as to whether the applicable provisions of the Health and Safety Code and these regulations have been complied with. The enforcement agency shall keep a complete and exact record of all such hearings and shall furnish a copy thereof to the Department of Housing and Community Development.
(c) If the requirements of the notice have not been complied with on or before the expiration of the time permitted or allowed by the enforcement agency after posting or service of the notice, or a decision adverse to the operator has been issued as a result of the hearing, the enforcement agency shall suspend or revoke, as appropriate, the permit or exemption, or may extend the time allowed for compliance not to exceed an additional 30 days.
Note: Authority cited: Sections 17003.5, 17036 and 17050, Health and Safety Code. Reference: Sections 17036, 17050 and 17051, Health and Safety Code.
s 932. Reinstatement.
(a) Prior to obtaining a new permit to operate or exemption, any person whose permit to operate or exemption has been suspended or revoked shall comply with all of the requirements of this subchapter.
(b) Any person operating a labor camp or employee community housing without a permit or exemption after suspension or revocation of the permit to operate or exemption shall be subject to prosecution for violation of Chapter 1, Part 1, Division 13 of the Health and Safety Code.
Note: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Reference: Section 17036, Health and Safety Code.
s 940. Penalties.
Any violation of the provisions of this subchapter shall be considered a violation of the provisions of the Employee Housing Act subject to the penalties set forth in Section 17060, 17061 or 17061.5 of the Health and Safety Code.
Note: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Reference: Sections 17036, 17060, 17061 and 17061.5, Health and Safety Code.
Appendix A
Employee Housing Act Health and Safety Code Division 13, Part 1
Note: Authority cited: Sections 41134, 41135, 41226, Health and Safety Code. Reference: Sections 41134, 41135, 41226, Health and Safety Code.
Note: Authority cited: Sections 41134, 41135 and 41226, Health and Safety Code. Reference: Section 65302, Government Code; Sections 41134, 41135 and 41226, Health and Safety Code.
s 1000. Application and Scope.
(a) Except as otherwise provided in sections 18300, 18303, and 18304, Health and Safety Code, the provisions of this chapter shall apply to the construction, use, maintenance, and occupancy of mobilehome parks, mobilehome and special occupancy lots, permanent buildings, accessory buildings or structures, and building components wherever located, both within and outside of mobilehome parks, in all parts of the state. These provisions shall also apply to the use, maintenance, and occupancy of manufactured homes, mobilehomes, multi-unit manufactured homes and recreational vehicles, and the installations for supplying fuel gas, water, electricity, and the disposal of sewage from accessory buildings or structures, building components, recreational vehicles, manufactured homes, multi-unit manufactured homes and mobilehomes wherever located within mobilehome parks, in all parts of the state.
(b) Provisions that apply only to Special Occupancy Parks, or separate designated special occupancy park sections within a park, are located in Title 25, California Code of Regulations, Division 1, chapter 2.2 of this division.
(c) Existing construction, connections, and installations of units, accessory buildings and structures, building components, plumbing, electrical, fuel gas, fire protection, earthquake resistant bracing, and permanent buildings made before the effective date of the requirements of this chapter may continue in use so long as they were in compliance with requirements in effect at the date of their installation and are not found to be substandard.
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sections 18303, 18304, 18552, 18605, 18610, 18612, 18613, 18620, 18630, 18640, 18670, 18690 and 18691, Health and Safety Code.
s 1002. Definitions.
In addition to the definitions contained in this section, which apply only to this chapter, the definitions contained in sections 18200-18700 of the Health and Safety Code and those definitions relating to building standards contained in Title 24, California Code of Regulations Parts 2, 3, 4, and 5, are also applicable to the requirements of this chapter.
(a) -A-
(1) Accessory building or structure. Any awning, window awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, stairway, ramp, or porch, or any other building or structure other than a patio, established for the use of the occupant of a unit.
(2) Approved. Reviewed and/or inspected and deemed acceptable to the local enforcement agency.
(3) Architect. A person licensed by the State of California, qualified to practice architecture in this state.
(4) Awning. An accessory structure, used for shade or weather protection, supported by one or more posts or columns and partially supported by a unit or other accessory structure installed, erected, or used on a lot.
(5) Awning Enclosure. An enclosure designed for outdoor recreational purposes, not for habitation, constructed under an awning or freestanding awning, which may include a screen room, and either an accessory building or structure, or a building component.
(6) Awning, Freestanding. An accessory structure, used for shade or weather protection, supported entirely by columns or posts and, other than with flashing, not attached to or supported by a unit or other accessory structure.
(7) Awning, Window or Door. An accessory structure, used for shading a window or door, supported wholly by the unit or other accessory building or structure to which it is attached.
(b) -B-
(1) Branch Water Service Line. That portion of the water distribution system extending from the park water main to a lot, including connections, devices and appurtenances.
(2) Building Components. Any subsystem, subassembly, or other system, constructed or assembled in accordance with the provisions of California Factory-Built Housing Law, contained in the California Health and Safety Code commencing with section 19960, designated for use in, or as part of, an accessory building or structure, which may include structural, electrical, mechanical, plumbing, and fire-protection systems and other systems affecting health and safety. However, "building components" do not include appliances or equipment, such as heaters, stoves, refrigerators, or air conditioners, which have been listed and labeled by an approved testing and listing agency.
(3) Building Standard. Any rule, regulation, or other requirement adopted by the California Building Standards Commission, or a local government pursuant to Section 17958.5 of the Health and Safety Code, pertaining to the construction, plumbing, electrical, and fuel gas equipment, and installations within permanent buildings in parks. See also section 18909 division 13, part 2.5.
(c) -C-
(1) Cabana. A freestanding accessory building or structure, or building component of a unit, located immediately adjacent to and intended to increase the living area of that unit, which is a portable, demountable, or permanent room enclosure or other building erected or constructed for habitation. A cabana shall not exceed the size of the unit to which it is an accessory.
(2) California Building Code. California Code of Regulations, Title 24, Part 2, as adopted and published by the California Building Standards Commission.
(3) California Electrical Code. California Code of Regulations, Title 24, Part 3, as adopted and published by the California Building Standards Commission.
(4) California Fire Code. California Code of Regulations, Title 24, Part 9, as adopted and published by the California Building Standards Commission.
(5) California Mechanical Code. California Code of Regulations, Title 24, Part 4, as adopted and published by the California Building Standards Commission.
(6) California Plumbing Code. California Code of Regulations, Title 24, Part 5, as adopted and published by the California Building Standards Commission.
(7) Carport. An accessory structure for vehicle parking, used for shade or weather protection, supported by one or more posts or columns and partially supported by a unit or other accessory structure installed, erected, or used on a lot.
(8) Carport, Freestanding. An accessory structure for vehicle parking, used for shade or weather protection, supported entirely by columns or posts and, other than flashing, not attached to or supported by a unit or other accessory structure.
(9) Certificate of Occupancy. A document issued by the enforcement agency when an MH-unit or commercial modular, installed on a foundation system, is approved for occupancy by the enforcement agency.
(10) Certification. The department's stamp of approval applied to the earthquake resistant bracing system manufacturer's plans and installation instructions.
(11) Cited Person. A person or entity issued a notice of violation for a violation of this chapter or applicable laws who is responsible for its correction.
(12) Combustible. As applied to building construction is any material or construction which does not meet the criteria of noncombustible as defined in subsection (n) of this section.
(13) Common Area. An area, within the boundaries of the park, that is not specific to any lot or space and is under the ownership and control of the park.
(14) Commercial Modular. "Commercial modular" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in section 635 of the Vehicle Code. "Commercial coach" has the same meaning as "commercial modular" as that term is defined in section 18001.8 of the Health and Safety Code.
(15) Concrete Block Pier. An assembly of load-bearing, concrete blocks with wooden wedges used to support and level a unit.
(16) Concrete Pier. A concrete load-bearing support that incorporates into its structure an adjustable means of raising and leveling the unit.
(17) Contractor. Any person as defined in Business and Professions Code sections 7026 through 7026.3.
(d) -D-
(1) Department. The Department of Housing and Community Development.
(2) Dependent Unit. A unit not equipped with a toilet and sewage disposal system.
(3) Drain Connector. The extension, from the unit's or accessory building's or structure's drain outlet, to the lot's drain inlet.
(4) Drain Outlet. The discharge end of a unit's or accessory building's or structure's, sewage drainage system.
(e) -E-
(1) Earthquake Resistant Bracing System (ERBS). An anchoring system, bracing system, or other device designed and constructed for the purpose of protecting the health and safety of the occupants of, and reducing damage to, an MH-unit in the event of an earthquake. See also, "ERBS."
(2) Electrical Feeder Assembly. The overhead or underchassis feeder conductors, including the equipment grounding conductor, together with the necessary fittings and equipment, designed for the purpose of delivering energy from the lot electrical service equipment to the branch circuit distribution panelboard of the unit or accessory building or structure.
(3) Electrical Service, Park. The conductors and equipment for delivering electrical energy from the electrical supply system or the generator of an isolated plant, to the electrical wiring system of the park.
(4) Electrical System, Park-Primary. That part of the electrical wiring system of the park distributing electrical energy to the park's secondary electrical system.
(5) Electrical System, Park-Secondary. That part of the electrical wiring system of the park distributing electrical energy at a nominal 120 or 120/240 volts, single phase.
(6) Electrical Wiring System, Park. All of the electrical equipment, appurtenances and related electrical installations outside of permanent buildings, units, and accessory buildings or structures within a park.
(7) Emergency. An occurrence constituting a present or imminent serious risk to life, health, safety, or property requiring immediate correction.
(8) Energize. The act of applying electrical energy, or gas or water pressure.
(9) Enforcement Agency. The Department of Housing and Community Development, or any city, county, or city and county that has assumed responsibility for the enforcement of this chapter and chapter 2.2 pursuant to sections 18300 and 18865 of the Health and Safety Code.
(10) Engineer. A person registered with the State of California as a professional engineer qualified to practice engineering in this state.
(11) Equipment. All materials, appliances, devices, fixtures, fittings, or accessories used in the structural, fire safety, plumbing, mechanical, and electrical systems of units, accessory buildings and structures, buildings, structures, infrastructures, and systems subject to this chapter.
(12) ERBS. The acronym for an earthquake resistant bracing system.
(13) ERBS-Manufacturer. A person, firm or business engaged in assembly or construction of earthquake resistant bracing systems for MH-units.
(14) ERBS-Manufacturer's Installation Instructions. The specific written directions for an earthquake resistant bracing system to be installed on or under MH-units.
(f) -F-
(1) Feeder. The conductors for conveying electrical energy between any two points in the park's electrical, wiring system excluding electrical feeder assemblies.
(2) Fence. A freestanding vertical wall structure.
(3) Fire Agency. A city, county, or city and county fire department, or fire district.
(4) Fire Hydrant. A connection to a water source for the purpose of supplying water to a fire hose or other fire protection apparatus, and for the purposes of this chapter, includes a standpipe.
(5) Fire Hydrant, Private. A fire hydrant including wet standpipes owned by the park.
(6) Fire Hydrant System. All fire hydrants, water piping, pumps, tanks, and valves attached to the water system supplying the hydrants.
(7) Footing. The portion of a support, in direct contact with the ground, that distributes imposed loads to the soil.
(8) Forms
(A) Annual Permit To Operate (local enforcement agency), HCD 503B, dated 7/04.
(B) Application For Alternate Approval, HCD 511, dated 7/04.
(C) Application For Certification Of Manufactured Home Or Mobilehome Earthquake Resistant Bracing System, HCD 50 ERBSCERT, dated 7/04.
(D) Application For Permit To Construct, HCD 50, dated 7/04.
(E) Application For Permit To Operate, HCD 500, dated 7/04.
(F) Application For Standard Plan Approval, HCD 520, dated 7/04.
(G) Certificate of Occupancy, HCD 513C, dated 7/04.
(H) Floodplain Ordinance Compliance Certification For Manufactured Home/Mobilehome Installations, HCD 547, dated 7/04.
(I) Manufactured Home or Mobilehome Installation Acceptance (Local Enforcement Agency), HCD 513B, dated 7/04.
(J) Manufactured Home or Mobilehome Installation Acceptance, HCD 513A, dated 7/04.
(K) Permit To Operate (local enforcement agency), HCD 500A, dated 7/04.
(L) Plot Plan, HCD 538, dated 7/04.
(M) Private Fire Hydrant Test And Certification Report, HCD MP 532, dated 7/04.
(N) School Impact Fee Certification, HCD MP 502, dated 7/04.
(9) Foundation System.
An assembly of materials designed and engineered by an architect or engineer to resist the imposition of external forces once the MH-unit or commercial modular is installed upon it. The installation on a foundation is classified as one of the following:
(A) Foundation installation - a fixture or improvement to real property, recorded with the county recorder's office, once recorded is no longer personal property, and which complies with the requirements of Health and Safety Code section 18551(a); or
(B) Chattel installation - neither a fixture nor an improvement to real property, not recorded with the county recorder's office, remains personal property, and which complies with the requirements of Health and Safety Code section 18551(b).
(g) -G-
(1) Garage. An enclosed accessory building or structure located on a lot and designed for the storage of motorized vehicles.
(2) Gas Connector. A flexible connector, listed for exterior use, to convey gas from a gas riser outlet to the gas supply connection of a unit.
(3) Gas Piping System, Park. The pipe, equipment and related installations, outside of permanent buildings, units, or accessory buildings or structures, for distributing gas throughout the park.
(4) Gas Riser Outlet. That portion of a park gas service lateral or gas piping system, extending above ground, serving a lot.
(5) Gas Service Lateral. The pipe or that portion of a park gas piping system extending from the main park gas line to the individual gas riser outlet serving a lot.
(6) Good Cause. What the enforcement agency would find to be a reasonable basis for failing to appear at the time and place scheduled for a hearing, informal conference, formal hearing, or for not complying with a specified timeline.
(7) Greenhouse. An accessory structure constructed mainly of translucent or transparent materials used for the cultivation of plants.
(8) Gross Floor Area. The floor area enclosed within the surrounding exterior walls of a unit, accessory building or structure, or portions thereof. Where there are no walls, "Gross Floor Area" means the usable area contained within the horizontal projection of the roof and floor.
(9) Ground Anchor. That part of a tiedown assembly that is inserted into the ground.
(10) Guardrail. A vertical barrier erected along the open edges of a porch or other elevated area to prevent persons from falling to a lower level.
(h) -H-
(1) Habitable Room or Structure. Any structure or room within a structure meeting the requirements of this chapter for sleeping, living, cooking, or dining purposes, excluding such enclosed spaces as awning enclosures, closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, unfinished cellars, utility rooms, and similar spaces.
(2) Handrail. A railing provided for grasping with the hand for support, erected along one or more edges of a stairway or ramp.
(3) Hearing Officer. The authorized representative of the enforcement agency, or other official authorized to conduct hearings.
(i) -I-
(1) Independent Unit. A unit equipped with a toilet and designed to be connected to a lot sewer inlet.
(2) Identification Label. A decal, tag, or label indicating acceptance by the department of a standard plan for an accessory building or structure.
(3) Insignia or Label of Approval. A tag or label required pursuant to Health and Safety Code section 18026, or 18027.3 and permanently affixed to each section of a unit indicating compliance with applicable regulations of the department or with the Federal Manufactured Home Construction and Safety Standards, Title 24 of the Code of Federal Regulations, Part 3280.
(j) -J- Reserved
(k) -K- Reserved
(l) -L-
(1) Landing, Stairway. An individual platform, not to exceed twelve (12) square feet, usually at the top or bottom of a stairway, to ease the transition from a stairway to a level walking surface. Landings for ramps must comply with requirements in the California Building Code.
(2) Lath structure. An accessory structure of open design, having no solid roof or walls.
(3) Listed. All equipment, materials, products, and installations included in a list published by an approved listing agency.
(4) Listing Agency. An independent agency approved by the department that:
(A) is in the business of listing and labeling equipment, materials, products, or installations; and
(B) maintains a periodic inspection program on current production of listed equipment, materials, or products or periodic evaluations of listed installations; and
(C) makes available at least annually a published report of listings that includes specific information about the nationally recognized standard with which each item complies and the manner in which the item is safe for use, or information about the listed equipment, material, product, or installation that has been tested and found suitable for use in a specified manner.
(5) Load. Any of the forces that a structure is designed to withstand, including any permanent force such as the weight of a roof, known as a dead load; any moving or temporary force, such as the weight of occupants, known as a live load; wind loads imposed by wind activity; and seismic loads imposed by seismic activity.
(6) Lot Access. An unobstructed way or means of approaching a roadway or public thoroughfare to or from a lot.
(7) Lot Electrical Service Equipment, Park. That equipment containing the means to connect or disconnect overcurrent protective devices and receptacles, or other means for supplying a unit, listed appliance, accessory building or structure, or building component from the park's electrical supply.
(8) Lot Line Change. The alteration, movement, or shifting of a lot line for an existing lot.
(9) Lot Line Creation. The initial establishment of a lot line for a new lot.
(10) Lot Water Service Outlet, Park. That portion of the park's water distribution system, including equipment and devices, provided with a fitting for connecting a unit's water connector.
(m) -M-
(1) MH-unit. A term, as used in this chapter, to replace references to "mobilehome, manufactured home, and multi-unit manufactured housing".
(2) Maintenance Inspection. A general park inspection by the enforcement agency, undertaken pursuant to Health and Safety Code section 18400.1 in effect at the time of the inspection.
(3) Mobilehome/Manufactured Home Installation Acceptance Certificate. A document issued by the enforcement agency when an MH-unit is approved for occupancy by the enforcement agency pursuant to Health and Safety Code section 18613 or 18551(b).
(4) Model. A specific design or style of an accessory building or structure, foundation system, earthquake resistant bracing system, or tiedown system designed as a specific assembly of component structural parts. Any difference in materials or construction or dimensions, which affect the structural design, shall constitute a different model.
(n) -N-
(1) N.F.P.A. An acronym for the National Fire Protection Association.
(2) Noncombustible. As applied to building construction is any material which meets the criteria for "noncombustible" as specified in section 215 of the California Building Code.
(3) Nuisance. A "nuisance" is as defined in Civil Code section 3479; "private nuisance" is as defined in Civil Code section 3481; and "public nuisance" is as defined in Civil Code section 3480 and Penal Code section 370.
(o) -O-
(1) Occupant. For the purposes of this chapter, means a person who lawfully occupies a unit on a lot.
(2) Occupied Area. The total of all the space occupied by a unit, including eave overhangs and projections; building components; and all accessory buildings or structures on a lot.
(3) Operator. The person or entity to whom a permit to operate is issued by the enforcement agency.
(4) Owner. The person or entity that legally owns or possesses an item, property, or business through title, lease, registration or other legal document.
(p) -P-
(1) Park. For purposes of this chapter, is any manufactured housing community or mobilehome park.
(2) Park Trailer. A recreational vehicle as defined in Health and Safety Code section 18009.3.
(3) Patio. A paved or raised area not to exceed eight (8) inches in height above grade, used for access or recreational activities.
(4) Permanent Building. Any permanent structure under the control and ownership of the park owner or operator which is not on a lot and is expressly used in the operation of the park such as for the park office, a community center, or park storage facilities.
(5) Permit to Operate. A permit issued annually by the enforcement agency authorizing operation of a park.
(6) Pier. A vertical support constructed of concrete, steel, or concrete block for the transmission of loads from a unit, accessory building or structure, or building component, to a footing. A pier does not include the footing.
(7) Porch. A freestanding, outside walking platform with an area exceeding twelve (12) square feet, having a floor or deck surface elevated more than eight (8) inches above grade.
(8) Power Supply Cord. A flexible cord assembly of conductors, including a grounding conductor, connectors, attachment plug cap, and all other fittings, grommets, or devices, designed for the purpose of delivering electrical energy from the park's lot electrical service equipment to the branch circuit distribution panelboard of the unit.
(9) Private Fire Hydrant. See "Fire Hydrant, Private".
(q) -Q- Reserved
(r) -R-
(1) Ramada. Any freestanding roof, or shade structure, installed or erected above a unit or accessory building or structure or any portion thereof.
(2) Ramp. An accessory structure providing a sloping path of travel, intended for pedestrian traffic.
(3) Recreational Vehicle. A vehicle as defined in section 18010 of the Health and Safety Code and includes a park trailer, as defined in Section 18009.3 of the Health and Safety Code.
(4) Registered Owner. A person registered by the appropriate department as the owner of the unit.
(5) Responsible Person. For purposes of this chapter, is any of the following:
(A) The park owner or operator for park-owned property or facilities.
(B) An available person, employed by the park for emergencies, as defined in section 18603 of the Health and Safety Code.
(C) Any person or entity that obtains a permit to construct.
(D) The owner of a unit, accessory building or structure, or building component.
(6) Retaining Wall. A wall designed to resist the lateral displacement of soil or other materials.
(7) Roadway. A thoroughfare for vehicular traffic within a park.
(s) -S-
(1) Sanitation Station, Recreational Vehicle. A plumbing receptor designed to receive the discharge of sewage holding tanks of self-contained recreational vehicles and which is equipped with a water hose connection for washing the receptor.
(2) Sewage Drain Lateral. That portion of the park sewage system that extends to an individual lot drain inlet.
(3) Sewage Drainage System. All the piping within or attached to the unit or accessory building or structure that conveys sewage or other liquid wastes to the drain outlet.
(4) Sewer, Park. That part of the park sewage drainage system beginning at the lot drain inlet or from a point two (2) feet downstream from a permanent building drain connection and terminating at the public sewer or private sewer disposal system.
(5) Shall. "Shall" means required, and includes "must" and "will".
(6) Skirting. Material used to enclose or partially enclose the area under a unit or accessory building or structure.
(7) Standard Plan Approval (SPA). A plan approved, by the department, for an accessory building or structure, an engineered tiedown system, or a foundation system, to be installed or constructed on a repetitive basis, for the purpose of obtaining a construction permit through an enforcement agency.
(8) Stairway. Any configuration of steps or risers where the run (length) of an individual tread or step does not exceed thirty (30) inches, and which is designed to enable passage from one elevation to another.
(9) Steel Pier. A steel support that incorporates into its structure an adjustable means of raising and leveling the unit or accessory building or structure that the pier supports.
(10) Storage Building. An accessory building that may exceed 10 feet in height or 120 square feet of gross floor area located on a lot, designed and used solely for storage of the personal equipment and possessions of the unit's occupants. The construction of a storage building shall comply with the California Building Standards Code, and a permit to construct is required from the enforcement agency.
(11) Storage Cabinet. An accessory structure, not exceeding 10 feet in height or 120 square feet of gross floor area, located on a lot, designed and used solely for the use and storage of the personal equipment and possessions of the unit's occupants.
(12) Support. The entire pier and footing assembly, used to transfer the loads of a unit, accessory building or structure, or building component to the ground.
(13) Support System. A system of supports which sustains the vertical loads of a unit, accessory building or structure, or building component. A support system does not include a foundation system.
(t) -T-
(1) Technical Service. The providing of interpretation and clarification by the enforcement agency of technical data and other information relating to the application of this chapter.
(2) Tensioning Device. A mechanical device that is part of a tiedown assembly. The tensioning device allows a person to eliminate any slack in the tiedown assembly and maintain the tension established when the slack is eliminated.
(3) Testing Agency. An organization which:
(A) Is in the business of testing equipment and installations;
(B) Is qualified and equipped for such experimental testing;
(C) Is not under the jurisdiction or control of any manufacturer or supplier for any affected industry;
(D) Maintains at least an annual inspection program of all equipment and installations currently listed or labeled;
(E) Makes available a published directory showing current listings of manufacturer's equipment and installations which have been investigated, certified and found safe for use in a specified manner and which are listed or labeled by the testing agency; and
(F) Is approved by the department.
(4) Tiedown Assembly. An assembly of component parts that has been tested and listed by agencies approved by the department as complying with the requirements of section 1336.1 of this chapter.
(5) Tiedown System. A tiedown system is used in conjunction with a support system and consists of the total number of tiedown assemblies required to provide a manufactured home or mobilehome with resistance to wind loads.
(u) -U-
(1) Unit. A manufactured home, mobilehome, multi-unit manufactured housing, or recreational vehicle.
(v) -V-
(1) Violation. A failure to conform to the requirements of this chapter, or any other applicable provision of law.
(2) Violation, Maintenance. A violation discovered during a maintenance inspection performed pursuant to section 18400.1 of the Health and Safety Code.
(w) -W-
(1) Water Connector. The flexible extension connecting the water distribution system of the unit or accessory building or structure to the park's lot water service outlet.
(2) Water Distribution System. All of the water supply piping within a park, extending from the main public supply or other source of supply to the park's lot water service outlets and including branch service lines, fittings, control valves, and appurtenances.
(3) Water Main, Park. That portion of the water distribution system which extends from the main, water meter, or other source of supply to the branch water service lines.
(4) Water Supply Connection. The fitting or point of connection of the unit's or accessory building or structure's water distribution system designed for connection to a water connector.
(5) Working Days. All days except Saturdays, Sundays, and applicable local, state and federal holidays.
(6) Workmanlike. Work performed to the acceptable quality of generally recognized industry standards that does not compromise strength, function, or durability.
(x) -X- Reserved
(y) -Y- Reserved
(z) -Z- Reserved
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sections 18007, 18008, 18008.5, 18008.7, 18009.3, 18010, 18013.4, 18200, 18206, 18213, 18214.5, 18400.1, 18402, 18551, 18554, 18603, 18610, 18612, 18613, 18613.4, 18613.5, 18630, 18640, 18670, 18690, 18691, 18909 and 19960-19997, not consecutive, Health and Safety Code.
s 1004. Local Enforcement.
(a) Assumption of responsibility for the enforcement of Parts 2.1 and 2.3 of Division 13, of the California Health and Safety Code and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2, relating to enforcement within parks by a city, county, or city and county, shall be by means of an ordinance of the city council or board of supervisors which shall contain the following information and be subject to department approval:
(1) Indication of assumption of responsibility for enforcement of the Health and Safety Code, Parts 2.1 and 2.3 of Division 13, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(2) Name of the agency or agencies delegated enforcement responsibilities.
(3) A statement that the designated local enforcement agency will provide qualified personnel necessary to enforce Parts 2.1 and 2.3, of Division 13 of the Health and Safety Code, and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2 consistent with those laws and regulations. The statement shall include the total number of personnel assigned to the enforcement program.
(4) One copy of any contract, memorandum of understanding, or other document governing delegation of responsibilities and services to a local government agency other than the local government assuming responsibility for Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(5) Adoption of the applicable schedule of fees contained in the provisions of Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(A) A statement adopting the state program and objectives as contained in Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.
(B) A description of existing parks within the local jurisdiction, including conditions and type of park.
(C) Specific local objectives, program plan and timetable designed to achieve enforcement compliance.
(6) Effective date of assumption of enforcement.
(b) One certified copy of the ordinance shall be forwarded to the Administrative Office of the Division of Codes and Standards, P.O. Box 1407, Sacramento, CA 95812-1407 not less than thirty (30) days before the designated effective date of assumption of enforcement.
(c) A statement that the following forms provided by the department will be used:
(1) HCD 500A, Application for Permit to Operate;
(2) HCD 503B, Annual Permit to Operate;
(3) HCD 513B, Manufactured Home or Mobilehome Installation Acceptance;
(4) HCD 513C, Certificate of Occupancy.
(d) The department shall determine the local agency's knowledge and ability to apply the requirements of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2, and the applicable Health and Safety Code requirements. The department's determination may include, but is not limited to, verification of the local agency's ability and knowledge through performance of activities that may include inspection, records review, and interviews of assigned personnel.
(e) Upon completion of the transfer, the new enforcing agency shall notify, in writing, the parks within its jurisdiction of the change in enforcement and the designated department or departments responsible for enforcement and permit issuance.
(f) Every enforcement agency shall comply with the verification of eligibility to receive public benefit requirements of Title 25, California Code of Regulations, Division 1, Chapter 5.5, commencing with section 5802, of applicants for permits to operate mobilehome parks or special occupancy parks.
(g) Notwithstanding the provisions of section 1005.5 of this article, in order to ensure that the orderly transition of assumption of enforcement occurs when a park, or permanent building within a park, is under construction, the enforcement agency issuing the permit to construct shall retain enforcement authority for the specified project through completion of those permits. All other enforcement responsibilities shall be transferred on the date as determined by the department.
(h) The local enforcement agency shall send a copy of each permit to operate it has renewed, within thirty (30) days after renewal to the department's Division of Codes and Standards, at the address designated by the department at the time of assumption.
(i) When a local enforcement agency proposes changes in the local division or personnel responsible for enforcing the provisions of this chapter, Chapter 2.2 and sections 18200 through 18874 of the Health and Safety Code, that agency shall notify the department at least thirty (30) days prior to the proposed date of the changes. The department may perform a reevaluation to determine whether the personnel have the required knowledge and ability as required in subsection (d) of this section.
(j) When a local enforcement agency changes its address, phone number, or contact person, it shall notify the Administrative Office of the department in writing within thirty (30) days of the change.
Note: Authority cited: Sections 18300, 18613 and 18865, Health and Safety Code. Reference: Title 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 18207, 18300, 18505, 18506, 18613 and 18865, Health and Safety Code.
s 1004.5. Complaint Investigations.
(a) When a complaint alleging violations of this chapter, or sections 18200 through 18700 of the Health and Safety Code is referred to a local enforcement agency, the local enforcement agency shall do the following:
(1) Make reasonable efforts to contact the complainant to discuss the complaint. If the issue addressed within the complaint exceeds the authority or jurisdiction of the enforcement agency, the complainant shall be so advised, and shall be directed, when possible, to the appropriate governing entity.
(2) Investigate allegations of violations representing an immediate risk to life, health, or safety within five (5) days of receipt of the complaint by the agency.
(3) Investigate allegations of violations representing an unreasonable risk to health or safety within thirty (30) days of receipt by the agency.
(4) Discuss the results of the investigation with the complainant, or provide the results in writing, if requested by the complainant.
(b) When a complaint is referred to a local enforcement agency from the Office of the Mobilehome Ombudsman (Office), the local enforcement agency shall, no later than thirty-five (35) days following its receipt of the complaint, submit a written report detailing the final results of the investigation to the Office, or its designee.
(c) When an inspection as a result of a health and safety complaint results in a written order to correct for a violation of this chapter and a reinspection reveals that the cited person failed to correct the violation, the enforcement agency shall be compensated by the person responsible for correction of violation for any subsequent reinspection to verify correction of the violation at the following hourly rate.
(1) First hour: one hundred ninety-six dollars ($196).
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes or fractional part thereof: forty-one dollars ($41).
Note: Authority cited: Sections 18153 and 18300, Health and Safety Code. Reference: Sections 18153, 18300, 18400, 18400.3 and 18407, Health and Safety Code.
s 1005. Local Government's Cancellation of Enforcement Responsibility.
(a) An enforcement agency intending to relinquish responsibility for enforcement authority shall advise the department, no less than thirty (30) days prior to initiating the requirements of subsection (b).
(b) A governing body canceling its enforcement responsibility shall complete the following to the department's satisfaction before the transfer is effective:
(1) provide written notification to the department not less than thirty (30) days prior to the proposed effective date of the action, along with a copy of the adopted ordinance repealing enforcement responsibility;
(2) remit the appropriate fees to the department as identified in section 1006 of this article on or before the date of transfer of responsibility; and
(3) transfer all park records to the department on or before the effective date of the transfer of enforcement responsibility.
(c) When the local agency cancels its enforcement responsibility for this chapter, its responsibility for enforcement of chapter 2.2 of this division is also cancelled.
(d) When a local enforcement agency has canceled its assumption of responsibility for enforcement and desires to reassume enforcement, it must reapply in compliance with the requirements contained in section 1004 of this article.
Note: Authority cited: Sections 18300 and 18865, Health and Safety Code. Reference: Sections 18207, 18300 and 18865, Health and Safety Code.
s 1005.5. Revocation of Local Enforcement Authority.
(a) When the department determines that a local enforcement agency has failed to properly enforce Parts 2.1 or 2.3, of division 13, of the Health and Safety Code, or Title 25, California Code of Regulations, division 1, chapters 2 or 2.2, the department shall notify the governing body of the local enforcement agency by providing written documentation which identifies the deficiencies requiring correction.
(b) The local enforcement agency shall have thirty (30) days from the date it receives the department's written determination to initiate correction of the deficiencies. Initiation of correction shall mean:
(1) Completion of a written plan of action submitted to the department identifying the corrective action for each deficiency including at least the following:
(A) Acknowledgement of the deficiencies.
(B) The action to be taken to correct each deficiency.
(C) The personnel involved in the correction.
(D) Timelines for completion of all corrections.
(E) Ongoing oversight to prevent reoccurrences of noted deficiencies.
(2) Implementation of the plan of action by the local enforcement agency and other actions required by the department prior to completion of the plan of action.
(c) The department shall, within thirty (30) days of receipt of the plan of action, review and provide a written response to the governing body regarding the proposed plan.
(d) If the local enforcement agency fails to prepare an adequate plan of action or implement corrective measures within thirty (30) days regarding the deficiencies specified in subsection (a), the department may revoke its approval of local assumption responsibility and resume enforcement responsibilities. (continued)