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(continued)
s 4536. Equipment.
All equipment installed in mobile food preparation units shall comply with the following:
(a) Compressor units that are not an integral part of equipment, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the vehicle to provide for proper interior vehicle cleaning, maintenance, and safety.
(b) All equipment shall be so installed as to be easily cleaned, prevent vermin harborage and provide adequate access for service and maintenance. Equipment shall be spaced apart for easy cleaning or shall be sealed together. Food service equipment which is set apart from adjacent equipment and counters, shelves, walls, panels, or cabinets shall have at least 10 cm (4 inches) of unobstructed space between the equipment and adjacent surfaces. Round metal equipment legs of a sanitary design and at least 10 cm (4 inches) high shall be provided on elevated counter equipment. Food service equipment shall be secured so as to prevent undue movement during transit.
(c) All equipment shall be sealed to the floor with a metal covered base to prevent moisture from getting under the equipment or it shall be raised at least 6 inches (15 cm) off the floor by means of an easily cleanable round metal leg and foot.
(d) Equipment, including the interior of cabinet units or compartments, shall be constructed so as to have smooth, easily accessible, and easily cleanable surfaces (free from channels, crevices, flanges, ledges, sharp or jagged edges, or other cleaning obstructions). Unfinished wooden surfaces are not permitted. Food contact surfaces shall be constructed of metal, high pressure laminated plastics, or laminated hardwood which are in compliance with NSF Standards. These surfaces must be kept free of cracks, cuts, and other obstructions which would interfere with proper cleaning.
(e) Space around pipes, conduits, or hoses that extend through cabinets, floors, or outer walls shall be sealed. The closure shall be smooth and easily cleanable.
Service Openings. Service openings shall be limited to 216 square inches (1394 sq. cm) each. The service openings may not be closer together than 18 inches (46 cm).
They shall be provided with a hinged or sliding closing device of screen not less than 7 mesh per cm (16 mesh per inch) or a solid material. The service opening shall be kept closed when not in actual use.
s 4550. Application and Scope.
(a) The provisions of this article relating to construction and fire safety apply to all recreational vehicles manufactured after January 1, 1974, which are sold or offered for sale, rent or lease within this state except as provided in this article. The provisions of this article are also applicable to the alteration or conversion of any construction or fire safety equipment or installations in any recreational vehicle bearing or required to bear a department insignia of approval.
(b) Multipurpose passenger vehicles, i.e. motorhomes, which are subject to Federal Standards under the National Traffic and Motor Vehicle Safety Act of 1966 are exempt from the requirements of these regulations relating to interior finish flame spread limitations.
(c) Standards for Equipment and Installations. Equipment and installations conforming to standards specified in this article or to other approved standards shall be considered acceptable by the department when listed or labeled and installed in accordance with the requirements of this article and the conditions of their approval except when otherwise provided in this article. All equipment shall be clearly labeled to indicate compliance with applicable standards.
(d) Construction and Fire Safety. The construction and fire safety requirements for recreational vehicles shall conform to the provisions of the National Fire Protection Association Standard 501 C-1977 Edition, Chapter 5, and paragraphs and Sections 5 -3, 5 -4, 5 -4.1, 5 -4.2, 5 -5, 5 -5.1, 5 -5.2, 5 -5.3, 5 -5.4, 5 -5.5, 5 -5.6, 5 -6, 5 -6.2, 5 -6.3, 5 -6.4, 5 -6.5, 5 -6.6 and appendix to Chapter 5, except as otherwise provided by this article.
(e) The following provisions of the National Fire Protection Association Standard 501 C-1977 Edition, are not adopted: Chapter 1 and paragraphs and Sections 5 -1, 5 -1.1, 5 -1.2, 5 -2, 5 -2.1, 5 -2.2, 5 -2.3, 5 -2.3.1, 5 -2.4, 5 -4.3 and 5 -6.1 of Chapter 5.
s 4560. Engine Exhaust Systems.
All combustible material shall be separated a minimum of one inch from all internal combustion engine exhaust systems or shall be effectively insulated from such systems.
s 4570. Fire Extinguishers.
Section 28060 of the California Vehicle Code provides the following:
28060. [FNa1]
(a) No person shall sell or offer for sale a new recreational vehicle or new camper which is equipped with cooking equipment or heating equipment, and no dealer or person holding a retail seller's permit shall sell or offer for sale a used recreational vehicle or a used camper which is equipped with cooking or heating equipment, unless such new or used vehicle or new or used camper is equipped with at least one fire extinguisher, filled and ready for use, of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B:C units, which meets the requirements specified in Section 13162 of the Health and Safety Code.
(b) The operator of a recreational vehicle, or a vehicle to which a camper is attached, which recreational vehicle or camper is equipped with a fire extinguisher as required by subdivision (a), shall carry such fire extinguisher in such recreational vehicle or camper and shall maintain the fire extinguisher in an efficient operating condition.
(c) As used in this section:
(1) "Cooking equipment" means a device designed for cooking which utilizes combustible material, including, but not limited to, materials such as charcoal or any flammable gas or liquid, and "heating equipment" means a device designed for heating which utilizes combustible material, including, but not limited to, materials such as charcoal or any flammable gas or liquid.
[FNa1] California Vehicle Code citation in italics.
s 4580. Rodent Resistance.
All exterior openings around piping, ducts, plenums, chimneys and vents shall be sealed to resist the entrance of rodents.
s 4600. Application and Scope.
The provisions of this article relating to electrical equipment and installations apply to all recreational vehicles manufactured after September 1, 1958, and sold, offered for sale, rent, or lease within this State. The provisions of this article are also applicable to the alteration or conversion of electrical equipment and installations in any recreational vehicle bearing or required to bear a department insignia of approval.
(a) Standards for Equipment and Installations. Equipment and installations conforming to nationally recognized standards or to other approved standards shall be considered acceptable by the department when listed or labeled and installed in accordance with the requirements of this article and the conditions of their approval, except where otherwise provided in this article. All equipment shall be clearly labeled to indicate compliance with applicable standards.
(b) Electrical Standards. Electrical equipment and installations in or on a recreational vehicle shall be installed in accordance with the requirements of the National Fire Protection Association Standard 501 C-1977 Edition and the National Electrical Code, 1978 Edition, except Article 551 of the National Electrical Code and otherwise provided by this article.
The following provisions of the National Fire Protection Association Standard 501 C-1977 Edition are not adopted: paragraphs and sections 4 -1, 4 -1.1, 4 - 1.2, 4 -2, 4 -2.1, 4 -2.2, 4 -2.3, 4 -4.1, 4 -4.7, 4 -6, 4 -6.1, 4 -6.2, 4 - 6.3, 4 -6.4, 4 -6.5, 4 -7.3.3, 4 -7.6.4 and 4 -12 of Chapter 4.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 1805, Health and Safety Code.
s 4601. Definitions.
s 4603. Low-Voltage Systems.
(a) Low-Voltage Systems. Low-voltage circuits furnished and installed by the recreational vehicle manufacturer are subject to this article.
Exception: Vehicle containing only battery circuits of 24 volts or less energy exclusively for the following are not subject to this article:
(1) Illuminating lights when the vehicle contains no other systems such as plumbing, heating or electrical over 24 volts.
(2) Circuits supplying running lights, taillights, stoplights, electrical braking, or vehicle ignition systems.
(b) Recreational vehicle metal chassis or frame may be used as the return path for exterior lighting circuits. Terminals for connection to the chassis or frame shall be of the solderless type and approved for the size and type of wire used. Mechanical connections to the frame or chassis shall be made secure.
s 4605. Incandescent Lighting Fixtures, Low-Voltage.
All incandescent low-voltage interior lighting fixtures shall be listed. This section shall become effective September 1, 1978.
s 4619. Receptacle Outlets Requiring Ground-Fault Circuit Protection.
Where provided, each 120 volt, single-phase, 15 or 20 ampere receptacle outlet shall have ground-fault circuit protection for personnel in the following locations:
(a) Adjacent to a bathroom lavatory. (The receptacle outlet shall be a minimum of 30 inches, (762 MM) from the compartment floor).
(b) Adjacent to any lavatory.
(c) In an area occupied by a toilet, and or shower, or toilet and tub-shower enclosure. (A receptacle shall not be installed in a bathtub, shower or combination bathtub-shower compartment).
(d) On the exterior of the vehicle.
s 4624. Vehicles Wired in Accordance with Section 4-7.4.3, NFPA 501 C-1977, with a Rating in Excess of 30 Amperes, 115 Volts.
In accordance with Section 4-7.4.3, NFPA 501 C-1977, any recreational vehicle with a rating in excess of 30 amperes, 115 volts, shall use a listed 40 or 50 ampere, 115/230 volt power supply assembly conforming to ANSI Standard C73.17 1972 configuration. (See NFPA, 501 C-1977, Sections 4 -7.9.1, 4 -7.9.3(d) and 4 -7.9.4).
Exception: For a dual-supply source consisting of a generator and a power-supply cord, see NFPA 501 C-1977, Section 4-7.8.
s 4626. Fuel-Fired Engine Driven Generator Units.
(a) Certification. All fuel-fired engine driven generators shall be investigated and listed in accordance with nationally recognized standards by an approved testing agency.
(b) Installation. Fuel-fired engine driven generators shall be installed in accordance with the equipment manufacturers installation instructions and these regulations. A copy of the installation instructions shall be provided in the vehicle.
(c) Mounting. Generator units shall be mounted in a manner so that adequate structural support from the vehicle frame, is provided for the equipment. The equipment shall be secured in place by a method that will preclude displacement from vibration and road shock.
(d) Compartment Separation. Generator unit compartments shall be designed and installed to provide a vapor-tight separation between the compartment and the interior living areas of the vehicle.
(e) Compartment Construction. Generator unit compartments shall be constructed of galvanized steel, not less than 0.0299 inch (0.759 mm) thick. Seams and joints shall be lapped, mechanically secured and made airtight to the interior of the vehicle. Alternate materials and methods of construction may be used if they provide equivalent quality, strength, effectiveness, fire resistance, durability and safety.
(f) Compartment Penetration. Fuel-fired engine exhaust systems, fuel-supplies, electrical conduit, cables, conductors and equipment shall not penetrate any area of the compartment that separates the compartment from the interior of the vehicle. Electrical conduit, cables and conductors penetrating the compartment in areas other than those that separate the compartment from the interior of the vehicle, shall be protected by the use of tight fitting grommets.
(g) Compartment Ventilation. Compartments shall be provided with ventilation. The type, amount and location of compartment ventilation shall be provided in accordance with the equipment manufacturer's installation instructions.
(h) Exhaust Systems. Except as provided by the equipment manufacturer's installation instructions, fuel-fired engine exhaust systems shall be separated a minimum of 1 1/2 inches from any combustible material or insulated or shielded so that it does not raise the temperature of any combustible material to more than 194 degrees F (90 degrees C).
Exhaust systems shall be provided with an effective spark arrester and shall not terminate adjacent to the vehicle gasoline filler spout. Exhausts shall terminate beyond the periphery of the vehicle.
(i) Generator Protection. Generators shall be mounted in a manner to provide an effective electrical bond to the vehicle chassis. Listed equipment shall be installed to ensure that the current-carrying conductors from the generator and from an outside source are not connected to the vehicle circuits at the same time.
(j) Supply Conductors. Supply conductors from a generator to a junction box or distribution panelboard shall be of the stranded type installed in flexible metal conduit or equivalent mechanical protection and shall have electrical protection provided by appropriately rated and listed circuit breakers.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18055, Health and Safety Code.
s 4630. Labeling at the Electrical Entrance.
s 4665. Application and Scope.
The provisions of this article relating to mechanical equipment and installations apply to all recreational vehicles manufactured after September 1, 1958, and sold, offered for sale, rent, or lease within this State. The provisions of this article are also applicable to the alteration or conversion of mechanical equipment and installations in any vehicle bearing or required to bear a department insignia of approval.
(a) Standards for Equipment and Installations. Standards for equipment and installations are listed in Appendix to Chapter 3, NFPA 501 C-1977 Edition; equipment and installations conforming to these standards or other approved standards shall be considered acceptable by the department when listed and labeled and installed in accordance with the requirements of this article and conditions of their approval except as otherwise provided in this article. All equipment shall be clearly labeled to indicate compliance with applicable standards.
(b) Mechanical Standards. The mechanical equipment and installations of recreational vehicles shall conform to the provisions of the National Fire Protection Association Standard No. 501 C-1977 Edition, Chapter 3, and Appendix to Chapter 3, except as otherwise provided by this article.
(c) The following provisions of the National Fire Protection Standard No. 501 C-1977 Edition are not adopted: paragraphs and Sections 3 -1, 3 -1.1, 3 -1.2, 3 -2, 3 -2.1, 3 -2.2, 3 -2.3, 3 -2.4, and 3 -6.2.2 of Chapter 3.
Note: Authority cited: Section 18055, Health and Safety Code. Reference: Section 18055, Health and Safety Code.
s 4670. Labels.
All labels required by this article, and referenced in NFPA 501C shall comply with Article 1, Section 4031 for sizes and type of material.
s 4680. Installation of Appliances.
All fuel-burning appliances, except ranges, ovens and illuminating appliances, shall be designed and installed to provide for the complete separation of the combustion system from the interior atmosphere of the recreational vehicle. Combustion air inlets and flue gas outlets shall be listed or certified as components of the appliance. The required separation shall be obtained by the installation of direct vent system (sealed combustion system) appliances.
Gas-fired refrigerators shall be designed or installed to provide for the complete separation of the combustion system from the interior atmosphere of the recreational vehicle.
s 4800. Application and Scope.
The provisions of this article relating to plumbing equipment and installations apply to all recreational vehicles manufactured after September 1, 1958, and sold, offered for sale, rent, or lease within this State. The provisions of this article are also applicable to the alteration or conversion of plumbing equipment and installations in any vehicle bearing or required to bear a department insignia of approval.
(a) Standards for Equipment and Installations. Standards for equipment are listed in Appendix to Chapter 2, National Fire Protection Association Standard 501 C-1977 Edition. Standards for wall surfacing for tub and shower enclosures are listed in the Appendix RV-P-1 of this division. Equipment and installations conforming to these standards or other approved standards shall be considered acceptable by the department, when listed or labeled and installed in accordance with the requirements of this article and the conditions of their approval, except where otherwise provided in this article. All equipment shall be clearly labeled to indicate compliance with applicable standards.
(b) Plumbing Standards. Plumbing fixtures, equipment and installations in recreational vehicles shall conform to and be installed in accordance with the provisions of the National Fire Protection Association Standard No. 501 C-1977 Edition, except as otherwise provided by this article.
(c) The following provisions of the National Fire Protection Association Standard No. 501 C-1977 Edition, are not adopted: paragraphs and Sections 2 -1, 2 -1.1, 2 -1.2, 2 -2, 2 -2.1, 2 -2.2, 2 -2.3, and 2 -2.4 of Chapter 2.
s 4850. Application and Scope.
(a) The provisions of this article shall apply to third-party entities, inspectors employed by third-party entities, and manufacturers of mobile homes, commercial coaches, special purpose commercial coaches and recreational vehicles.
(b) The provisions of this article do not apply to design approval entities, inspection entities, or manufacturers whose activities are subject to the National Manufactured Housing Construction and Safety Standards Act. (42 USC, Section 5401 et seq.).
(c) This article does not apply to the manufacturers of Factory-Built Homes, as defined in Health and Safety Code Section 19971, or to third-party entities approved under subchapter 1 of this chapter.
Note: Authority cited: Sections 18020 and 18030, Health and Safety Code. Reference: Sections 18013.2, 18020, 18025, 18025.5, 18026 and 18030, Health and Safety Code.
s 4852. Conditions of Approval for a Design Approval Agency.
In addition to meeting the definition of a third-party entity provided in Health and Safety Code Section 18013.2, a Design Approval Agency shall satisfy all of the following criteria as a condition of approval.
(a) A Design Approval Agency shall employ staff which satisfy the provisions of Part A of Standard E 541, of the 1986 Annual Book of ASTM Standards published by the American Society for Testing and Materials, hereby incorporated by reference. Only such staff shall perform the activities of inspecting and approving plans and quality control manuals.
(b) For the inspection of plans for structural systems of mobile homes or commercial coaches, a Design Approval Agency shall employ a staff engineer(s) registered by the State of California or architect(s) licensed by the State of California.
(c) A Design Approval Agency shall have the ability to enforce the provisions of California law and regulations governing the manufacture of mobile homes, commercial coaches, special purpose commercial coaches and recreational vehicles.
(d) A Design Approval Agency shall have the ability to submit reports complying with Section 4880.
(e) A Design Approval Agency shall have the ability to maintain plans and quality control manuals as well as amendments thereto. This ability includes such activities as record keeping, storage, retrieval of approved plans or manuals and maintenance of a system to distinguish and assemble currently approved plans or manuals from those which have been superseded or cancelled.
(f) A Design Approval Agency shall be free of actual or potential conflict of interest and shall not be affiliated with, influenced by, or controlled by any manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles, or supplier.
(g) An individual applicant for approval as a Design Approval Agency shall be qualified to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 18020, Health and Safety Code.
s 4854. Conditions of Approval for a Quality Assurance Agency.
In addition to meeting the definition of a third-party entity provided in Health and Safety Code Section 18013.2, a Quality Assurance Agency shall satisfy all of the following criteria as a condition of approval.
(a) A Quality Assurance Agency shall employ staff which satisfy the provisions of Part B of Standard E 541, of the 1986 Annual Book of ASTM Standards published by the American Society for Testing and Materials, hereby incorporated by reference. Only such staff shall perform inspections and monitoring activities.
(b) A Quality Assurance Agency shall employ Quality Assurance Inspectors approved by the department to perform inspections and monitoring activities.
(c) A Quality Assurance Agency shall have the ability to inspect mobile homes, commercial coaches, special purpose commercial coaches and recreational vehicles and to monitor quality control programs for compliance with California law and regulations, approved plans and quality control manuals, and to secure compliance.
(d) A Quality Assurance Agency shall have the ability to submit reports complying with Section 4880.
(e) A Quality Assurance Agency shall be free of actual or potential conflict of interest and shall not be affiliated with, influenced by, or controlled by any manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles, or supplier.
(f) An individual applicant for Quality Assurance Agency approval shall be qualified to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 18020, Health and Safety Code.
s 4856. Conditions of Approval for a Quality Assurance Inspector.
A Quality Assurance Inspector shall meet all of the following criteria as a condition of approval.
(a) A Quality Assurance Inspector shall meet the provisions for Compliance Assurance Inspectors of Section 14, of Part B, of Standard E 541 of the 1986 Annual Book of ASTM Standards published by the American Society for Testing and Materials, hereby incorporated by reference.
(b) A Quality Assurance Inspector shall have the ability to inspect and monitor quality control programs for compliance with approved plans, quality control manuals and California law and regulations regarding mobile homes, commercial coaches, special purpose commercial coaches and recreational vehicles.
(c) A Quality Assurance Inspector shall have the ability to prepare inspection reports describing observed violations, corrective action and making appropriate references to the plans, quality control manuals, California law or regulations and incorporated documents.
(d) A Quality Assurance Inspector shall be free of actual or potential conflict of interest and shall not be affiliated with, influenced by or controlled by any manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles, or supplier.
(e) An individual applicant for approval as a Quality Assurance Inspector shall be qualified to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 18020, Health and Safety Code.
s 4858. Application for Design Approval Agency and/or Quality Assurance Agency Approval.
(a) An applicant for approval to perform as a Design Approval Agency and/or Quality Assurance Agency pursuant to this article shall make application to the department using HCD-MH 470 Application for Design Approval Agency and/or Quality Assurance Agency Approval, dated May 1989 and provided by the department. The applicant shall provide the following information:
(1) Indication of whether the application is for an original approval, approval renewal or supplemental approval of a Design Approval Agency and/or Quality Assurance Agency.
(2) The firm and corporate name, business and mailing address and telephone number(s) of the applicant.
(3) Indication of whether the ownership structure is composed of either an individual, partnership or corporation.
(4) The name and title of the individual owner, or the names and titles of all partners, or the names and titles of all officers, directors and major stockholders within the corporation.
(5) Identification of any individual owner, partner(s), officer(s), director(s) and major stockholder(s) who will participate in the management or supervision of activities pursuant to this article.
(6) On a separate attachment entitled, "Organization," the following information as applicable:
(A) In descending order of responsibility, the names, titles and responsibilities of all directors, supervisors, managers, architects, engineers, technical staff, Insignia Administrator and Quality Assurance Inspectors within the organization who are responsible for the activities to be performed pursuant to this article. An organization chart may be attached, if appropriate.
(B) For Design Approval Agency applicants, the name(s) and California license number(s) of the architect(s) or the California registration number(s) of the engineer(s) who will perform the inspection of plans for structural systems of mobile homes or commercial coaches as specified in Section 4852(b).
(C) For Quality Assurance Agency applicants, the name(s) and department approval number(s) of each Quality Assurance Inspector who will perform inspections and monitoring activities as specified in Section 4854(b).
(7) On a separate attachment entitled, "Qualifications," a detailed explanation of the applicant's business activities and how the applicant meets the requirements of Section(s) 4852(a), (c), (d) and (e) and/or 4854(a), (b), (c) and (d).
(8) Attached resumes detailing the education, training and experience for directors, supervisors, managers, engineers, architects, technical staff, Insignia Administrator and Quality Assurance Inspectors who have not been approved by the department.
(9) For Quality Assurance Agency applicants, on a separate attachment entitled, "Insignia Administration and Security Procedures," a detailed explanation of the procedures to carry out insignia administration and security procedures as required in Section 4882.
(10) The typed or printed name and signature of the individual owner or the typed or printed name and signature of all partners or the typed or printed name and signature of all major stockholders, officers and directors, and the typed or printed name and signature of all managers, supervisors, architects, technical staff, engineers, Insignia Administrator and Quality Assurance Inspectors on form HCD-MH 471, Absence of Conflict of Interest Statement, dated May 1989, and provided by the department, certifying under penalty of perjury to the absence of any conflict of interest, potential for a conflict of interest, or any collusive or fraudulent practices as specified in Section 4872. The individual owner or the partners or the major stockholders, officers and directors and the managers, supervisors, architects, technical staff, engineers, Insignia Administrator and Quality Assurance Inspectors shall also include the date, county and state that certification was executed.
(11) The signature and typed or printed name of the highest ranking officer of the ownership certifying under penalty of perjury to the accuracy of the information provided.
(12) The date, county and state that certification was executed.
(b) If additional space is required to list all partners, officers, directors and major stockholders in an ownership structure, and identification if they will participate in the management or supervision of activities pursuant to this article, the applicant shall indicate that such a list is attached to form HCD-MH 470 Application for Design Approval Agency and/or Quality Assurance Agency Approval, dated May 1989 and provided by the department.
(c) Form HCD-MH 471 Absence of Conflict of Interest Statement, dated May 1989 shall be attached to form HCD-MH 470 Application for Design Approval Agency and/or Quality Assurance Agency Approval, dated May 1989.
(d) The applicant shall present other documentation necessary to determine the applicant's eligibility to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
(e) The application shall be accompanied by the fee specified in Section 4884(a) and/or 4884(b) for an Application for Design Approval Agency and/or Quality Assurance Agency Approval.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 18013.2, 18020 and 18031, Health and Safety Code.
s 4860. Application for Quality Assurance Agency Approval.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18013.2, 18020 and 18031, Health and Safety Code.
s 4862. Application for Quality Assurance Inspector Approval.
(a) An applicant for approval to perform as a Quality Assurance Inspector shall apply to the department using HCD-MH 469 "Application for Quality Assurance Inspector Approval," dated May 1989 and provided by the department. The applicant shall provide the following information:
(1) Indication of whether the application is for a Quality Assurance Inspector original approval or approval renewal.
(2) The name, business address and telephone number of the applicant.
(3) Indication of whether the applicant is currently employed or will be employed by the Quality Assurance Agency upon approval by the department.
(4) The name, address and telephone number of the Quality Assurance Agency employing or to employ the applicant.
(5) An attached resume detailing the education, training and experience of the applicant which demonstrates how he or she meets the requirements of Section 4856.
(6) The typed or printed name and signature of the applicant on form HCD-MH 471, Absence of Conflict of Interest Statement, dated May 1989 and provided by the department, certifying under penalty of perjury to the absence of any conflict of interest, potential for a conflict of interest or any collusive or fraudulent practices as specified in Section 4872. The applicant shall also include the date, county and state that certification was executed.
(7) The typed or printed name and signature of the applicant certifying under penalty of perjury to the accuracy of the information provided.
(8) The date, county and state that certification was executed.
(b) Form HCD-MH 471 Absence of Conflict of Interest Statement, dated May 1989 shall be attached to form HCD-MH 469 Application for Quality Assurance Inspector Approval dated May 1989.
(c) The application shall be accompanied by the fee specified in Section 4884(c) for an Application for Quality Assurance Inspector Approval.
(d) The applicant shall present documentation necessary to determine the applicant's eligibility to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 18013.2, 18020 and 18031, Health and Safety Code.
s 4864. Application Processing Time for Original, Renewal and Supplemental Approval.
(a) Within 15 calendar days of receipt of an application pursuant to Section 4858, 4862, 4866(f) or 4868 of this subchapter, the department shall inform the applicant in writing that it is either complete and acceptable for filing or that it is deficient and what specific information or documentation is required to complete the application. An application is considered complete if it is in compliance with the provisions of either Section 4858, 4862, 4866(f) or 4868 of this subchapter, as applicable.
(b) Within 60 calendar days from the date of filing of a completed application, the department shall inform the applicant in writing of its decision regarding the application.
Note: Authority cited: Section 15376, Government Code; and Section 18020, Health and Safety Code. Reference: Section 15376, Government Code; and Section 18020, Health and Safety Code.
s 4866. Required Reporting of Name, Address, Ownership and Staff Changes.
(a) A third-party entity shall report all business name and address changes and a Quality Assurance Inspector shall report all name and address changes to the department no later than ten (10) days after the effective date of such change. Each report shall be accompanied by the fee specified in Section 4884(g) or (h), whichever is applicable.
(b) Whenever a person within the ownership of a third-party entity terminates ownership interest, the third-party entity shall report such change to the department in writing, no later than ten (10) days after the effective date of the change. No fee shall be required.
(c) Whenever the third-party entity terminates the employment of a person who was performing as a director, engineer, architect, inspector or insignia administrator, regardless of the cause, the third-party entity shall report such change to the department in writing, no later than ten (10) days after the effective date of the change. No fee shall be required.
(d) Whenever a third-party entity changes the responsibilities of any director, manager, engineer, architect, inspector, or insignia administrator, the third-party entity shall notify the department in writing no later than ten (10) days after the effective date of the change. No fee shall be required.
(e) Whenever a person is added to the ownership of a third-party entity, the third-party entity shall notify the department of the change by filing a new application pursuant to Section 4858. The new application may make reference to valid information and statements contained in original applications on file with the department. The application shall be transmitted to the department no later than ten (10) days after the effective date of the change. No fee shall be required.
(f) Whenever a third-party entity acquires a new employee to perform as a director, manager engineer, architect, technical staff, inspector or insignia administrator, the third-party entity shall notify the department by filing a new application for supplemental approval pursuant to Section 4858. The new application may make reference to valid information and statements contained in original applications on file with the department. The application shall be transmitted to the department no later than ten (10) days after the effective date of the change. No fee shall be required.
(g) If following receipt of a notice or application pursuant to subsections (b) (c) (d) or (f) above, the department determines that third-party entity no longer meets the conditions of approval, the third-party entity shall submit a new application pursuant to Section 4858.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18020, Health and Safety Code.
s 4868. Approval Expiration and Renewal.
(a) The approval as a Design Approval Agency and/or Quality Assurance Agency or Quality Assurance Inspector shall expire on the last day of the thirty-sixth month following the month of issuance.
(b) A Design Approval Agency and/or Quality Assurance Agency seeking renewal of the department's approval shall make application using HCD-MH 470 Application for Design Approval Agency and/or Quality Assurance Agency Approval dated May 1989 and provided by the department. The application shall be accompanied by the Design Approval Agency Approval and/or Quality Assurance Agency Approval renewal fees specified in Section 4884(d) and/or Section 4884(e). The applicant shall provide the information required by Section 4858(a)(1)(2)(3)(4)(5)(6)(A) and (B) and/or (C) and (8)(9)(10)(11)(12) and (b) as appropriate.
(c) A Quality Assurance Inspector seeking renewal of the department's approval shall make application using HCD-MH 469 "Application for Quality Assurance Inspector Approval" dated May 1989 and provided by the department. The application shall be accompanied by the Quality Assurance Inspector Approval renewal fee specified in Section 4884(f). The applicant shall provide the information required by Section 4862 (a)(1)(2)(3)(4)(6)(7) and (8).
(d) Renewal applications shall be transmitted to the department at least ninety (90) days prior to the expiration date.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18020, Health and Safety Code.
s 4870. General Operating Procedures and Requirements.
(a) Each Design Approval Agency and Quality Assurance Agency shall maintain current copies of the California law and regulations, including any documents incorporated by reference, which are applicable to the manufacture of mobile homes, commercial coaches, special purpose commercial coaches, and recreational vehicles.
(b) Each Quality Assurance Inspector shall have applicable California laws, regulations, documents incorporated by reference, approved plans and manuals readily available on the premises while conducting inspections or monitoring quality control programs.
(c) The Design Approval Agency or Quality Assurance Agency shall prepare a written report of any unresolved dispute between a manufacturer and the agency when it pertains to the requirements of California Health and Safety Code, division 13, part 2, or this subchapter. The report shall be transmitted to the department no later than the tenth day after the unresolved dispute occurred.
(d) The date of transmittal of reports, applications and notices will be the postmarked date issued by the U.S. Postal Service, the date received by private delivery services, or the date when delivered to the department by the third-party entity.
(e) All reports and notices shall be signed by a representative of the third-party entity who certifies under penalty of perjury to the accuracy of the information provided.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18020, Health and Safety Code.
s 4872. Conflict of Interest, Collusion and Fraud.
(a) A third-party entity shall be considered free of any conflicts of interest, affiliation, influence, and control when in compliance with the following criteria:
(1) It has no ownership or managerial affiliation with any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles and does not engage in the sale or promotion of any such unit.
(2) The results of its work do not accrue financial benefits to the organization via stock ownership in any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(3) Its owners, directors, management personnel, engineers, architects or inspectors hold no ownership or stock in and receive no stock option from any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(4) The employment status of its personnel is free of influence or control by any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(5) It does not perform as a Design Approval Agency for any manufacturer whose plans, designs or manual have been created or prepared in whole or in part by a member of the agency's staff or by a member of the staff of any affiliated organization.
(b) No member of a third-party entity shall take part in any act of collusion or other fraudulent practice with a supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(c) Each third-party entity and Quality Assurance Inspector shall provide the department with a written report of any contract or agreement, written or oral, with a manufacturer who is subject to this subchapter, for any service which is in addition to services provided by contract under this article. Such reports shall be transmitted to the department no later than ten (10) days after the effective date of the contract or agreement.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18013.2 and 18020, Health and Safety Code.
s 4874. Contract Requirements.
(a) Third-party entities and manufacturers shall execute written contracts describing all services to be rendered by the third-party entity pursuant to this article. A copy of each contract or amendment shall be transmitted by the third-party entity to the department no later than ten (10) days after the effective date. The department shall disapprove any contract in violation of the Health and Safety Code, Division 13, Part 2, Section 18000 et seq., or this article.
(b) Within ten (10) days of the cancellation of a contract, the third-party entity shall transmit to the department a written notice of the cancellation and of the circumstances which led to the cancellation. Whenever the department determines that the cause for a manufacturer's cancellation of a contract with a third-party entity is related to enforcement actions taken by the third-party entity to assure compliance with the Health and Safety Code, Division 13, Part 2, or this subchapter, the department shall monitor the inspections or plan approvals pursuant to any new contracts executed by the manufacturer and other third-party entities.
(c) No contract between a Quality Assurance Agency and a manufacturer for inspections of units manufactured in California shall violate the provisions of Section 4870(d).
(d) A contract executed between a manufacturer and a Quality Assurance Agency shall require the manufacturer to provide the Quality Assurance Agency with a written report by at least the tenth day of each month, which contains the information necessary for the Quality Assurance Agency to comply with Section 4880(d).
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18020, Health and Safety Code.
s 4876. Design Approval Procedures and Requirements.
(a) Plans approved by the department prior to the effective date of this article shall remain valid until expiration as provided in this subchapter. All plans and manual approval shall expire on the last day of the fifteenth month following the month of the approval by the Design Approval Agency. The Design Approval Agency shall provide for the renewal of expiring plans and manuals which comply with the requirements of this subchapter.
(b) The requirements of Section 4017 regarding the size and contents of drawings shall apply to plans submitted to a Design Approval Agency.
(c) Upon approval of a plan or quality control manual, the Design Approval Agency shall issue a unique plan approval number for each plan or manual. The plan approval number shall be prefaced by an identification given the agency by the department. Each page of an approved plan, each page of an amendment, and each manual cover, shall be marked or stamped with the word "Approved," along with the name of the Design Approval Agency, the date of approval, the date of expiration and the plan approval number.
The Design Approval Agency shall transmit complete copies of plans, amendments or manual bearing the approval mark to the manufacturer within ten (10) days of the approval date.
(d) When typical system approvals are used as provided in Sections 4015(b) and 4016, the Design Approval Agency shall require the manufacturer's plans to contain a system of indexing which eliminates confusion as to the applicability of typical systems throughout the manufacturer's plans.
(e) The Design Approval Agency shall require an approved plan or manual to be amended in such a manner that all superseded information is removed from the plan or manual which bears the agency's mark of approval. The Design Approval Agency shall require the manufacturer to provide written instructions which explain how to update the original plan or manual by the insert of the amendment or removal of superseded pages.
(f) The Design Approval Agency shall maintain a copy of all approvals for a period of three (3) years beyond their expiration.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18020 and 18025, Health and Safety Code.
s 4878. Inspection Method and Frequency.
(a) A Quality Assurance Agency shall inspect a manufacturer's production at the location of production. For units designed and approved for final construction (exterior roof or wall materials for example) by the manufacturer at a location other than at the manufacturing facility, the Quality Assurance Agency shall perform an additional inspection of the final construction exclusive of work performed for the installation for occupancy.
(b) Upon discovery of any violation of the Health and Safety Code, Division 13, Part 2, Section 18000 et seq., or this subchapter, the Quality Assurance Agency shall verify by inspection the satisfactory correction or elimination of the violation. If correction of the violation cannot be verified at the time of inspection, the agency shall so state in the inspection report required by Section 4880 and require the affected unit(s) held for reinspection at the manufacturing facility. The agencies report of the reinspection shall describe the reinspection and correction of the violation.
(c) In order to certify a manufacturing facility, a Quality Assurance Agency shall inspect pursuant to subsection (e) no less than the first five (5) units while under construction. Such inspections shall continue until the manufacturer has demonstrated the ability to consistently manufacturer units in compliance with the law and this subchapter as a result of an effective quality control program prescribed in an approved quality control manual. At such time, the Quality Assurance Agency shall transmit to the department a Certification Report which complies with the provisions of Section 4880(e) and the inspection frequency shall be reduced as prescribed in subsection (f) or (g) of this section, whichever is applicable.
(d) For special purpose commercial coaches and recreational vehicles being manufactured without plan approval, the Quality Assurance Agency shall inspect each unit while under construction including all systems, components, equipment and installations subject to this subchapter, and shall witness all tests required by this subchapter prior to issuance of a California insignia.
(e) For units produced in manufacturing facilities which are not certified, the Quality Assurance Agency shall inspect each system, component, equipment and installation at each stage of assembly, and shall witness all tests required by this subchapter.
(f) For certified mobile home and commercial coach manufacturing facilities, the Quality Assurance Agency shall monitor compliance with approved plans by inspecting all visible portions of each system, component, equipment and installation subject to this subchapter, of each mobile home or commercial coach which will be issued California insignia.
During each inspection visit, a Quality Assurance Agency shall monitor the manufacturer's compliance with material storage, inspection and testing procedures prescribed in an approved quality control manual, and shall monitor the quality control procedures at each of the manufacturer's production stations.
(g) For certified specialpurpose commercial coach and recreational vehicle manufacturing facilities, the Quality Assurance Agency shall monitor compliance with approved plans by inspecting all visible portions of each system, component, equipment and installations for at least ten (10) percent of the manufacturer's production subject to this subchapter. (continued)