Loading (50 kb)...'
(continued)
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.
(h) When the manufacturer is found to be failing to follow the plan or quality control manual, a Quality Assurance Agency shall increase the intensity and frequency of inspections until such time that the agency is satisfied that the manufacturer is producing complying units on a consistent basis.
(i) A Quality Assurance Agency shall recommend to the department, cancellation of the certification when the increased inspections required by subsection (h) reveal that a manufacturer continues to fail to comply with the quality control manual, plans, or otherwise produces noncomplying units. The recommendation shall be accompanied by the inspection reports specified in Section 4880(c) and any other documentation of actions taken to improve the manufacturer's compliance. The department shall notify the manufacturer of the recommendation and provide an opportunity for the manufacturer to submit and be heard with opposing information before the department makes a decision to cancel the certification.
(j) A Quality Assurance Agency shall recommend to the department, cancellation of the certification of any manufacturing facility which relocates, changes production sequences, changes key personnel, or introduces new designs which result in a failure to comply with the approved plans or quality control manual. The recommendation and departmental action shall be the same as specified above in subsection (i).
(k) When a certification has been cancelled, the Quality Assurance Agency shall conduct inspections as specified in subsection (e).
( l) For the purposes of this section, a manufacturing facility with plan approvals and quality control manuals in effect on the effective date of this article is considered to have been certified by the department and is not in need of recertification by a Quality Assurance Agency.
(m) A Quality Assurance Agency shall not disapprove or in any way interfere with the production of units produced in accordance with plans and quality control manuals approved by the department or the manufacturer's Design Approval Agency. When a Quality Assurance Agency believes an approved plan is in violation of the Health and Safety Code, Division 13, Part 2, or this Subchapter, the Quality Assurance Agency shall submit a written request for reconsideration of the approval to the manufacturer and the manufacturer's Design Approval Agency. The Quality Assurance Agency shall provide a copy of all such requests for reconsideration as an attachment to the Agency's monthly report specified in Section 4880(b).
If the subject of a request for reconsideration is not resolved to the satisfaction of the Quality Assurance Agency within thirty (30) days of the request, the agency shall refer the matter to the department for resolution.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18020, 18025 and 18026, Health and Safety Code.
s 4880. Activity Reports Requirements.
(a) By the fifteenth day of each month and on form HCD-MH 472 Design Approval Agency Monthly Activity Report, dated September 1988 and provided by the department, a Design Approval Agency shall prepare and transmit to the department the following information for each client manufacturer served in the previous month:
(1) The Design Approval Agency name, address, agency number and telephone number.
(2) The reporting month and year.
(3) The date that the report was prepared.
(4) The name and identification number of the manufacturer.
(5) Identification of whether the type of unit produced by the manufacturer is a mobile home, commercial coach, special purpose commercial coach or recreational vehicle.
(6) The number of mobile home, commercial coach, recreational vehicle and special purpose commercial coach plans, plan amendments, manuals and manual amendments approved.
(7) The number of mobile home, commercial coach, recreational vehicle and special purpose commercial coach plans, plan amendments, manuals and manual amendments rejected.
(8) The subtotal(s) of all mobile home, commercial coach, recreational vehicle, special purpose commercial coach plans, plan amendments, manuals, and manual amendments approved or rejected on page(s) 1 and/or 2.
(9) The total number of all mobile home, commercial coach, recreational vehicle, and special purpose commercial coach plans, plan amendments, manuals, and manual amendments approved or rejected, by adding the subtotals on pages 1 and/or 2.
(10) The fees calculated as follows:
(A) For mobile home and commercial coach plans approved, multiply the total number by the fee specified in Section 4884(i)(1).
(B) For special purpose commercial coach and recreational vehicle plans approved, multiply the total number by the fee specified in Section 4884(i)(2).
(C) For mobile home, commercial coach, special purpose commercial coach and recreational vehicle plan amendments approved, multiply the total number by the fee specified in Section 4884(k).
(D) For mobile home, commercial coach, special purpose commercial coach and recreational vehicle manuals approved, multiply the total number by the fee specified in Section 4884(j).
(E) For mobile home, commercial coach, special purpose commercial coach and recreational vehicle manual amendments approved, multiply the total number by the fee specified in Section 4884(k).
(11) The total fees attached by adding the fees for mobile home, commercial coach, special purpose commercial coach and recreational vehicle plan approval, plan amendments approval, manual approval and manual amendments approval.
(12) The signature and title of the authorized person certifying under penalty of perjury to the accuracy of the information provided.
(13) The date that certification was signed.
(b) The Design Approval Agency shall number the front and back pages on form HCD-MH 472 Design Approval Agency Monthly Activity Report, dated September 1988.
(c) Each Design Approval Agency monthly activity report shall be accompanied by a copy of each plan, manual or amendment and instructions approved during the previous month and the plan approval monitoring fee specified by Section 4884(i), (j) and (k), whichever is applicable, for each plan, manual or amendment approved during the reporting month.
(d) By the fifteenth day of each month and on form HCD-MH 473 Quality Assurance Agency Monthly Summary Report for Recreational Vehicle, Mobile Home, Commercial Coach and Special Purpose Commercial Coach, (Part II), dated May 1989 and provided by the department, a Quality Assurance Agency shall prepare and transmit to the department the following information for each client manufacturer served in the previous month:
(1) The Quality Assurance Agency name, address, agency number and telephone number.
(2) The reporting month and year.
(3) The date that the report was prepared.
(4) The name and identification number of the manufacturer.
(5) Indication of whether the type of units subject to inspection and reinspection is a mobile home, commercial coach, recreational vehicle or special purpose commercial coach.
(6) The total number of inspection visits, the total number of units inspected, the total number of units reinspected and the total number of units produced for California.
(7) The percentage of California units inspected.
(8) The total number of units issued California insignia, the total number of insignia assigned and the total number of insignia unassigned to units.
(9) Indication of whether the quality control program is acceptable or not acceptable. The department may refer to forms HCD-MH 441 and 441B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I), dated May 1989 and forms HCD-MH 442 and 442B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989 for an explanation of why the quality control program is not acceptable.
(10) The grand totals of all inspections, units inspected, units reinspected, California units produced, insignia issued and insignia affixed and insignia unaffixed.
(11) The signature and printed name and title of the authorized person, certifying under penalty of perjury to the accuracy of the information provided.
(12) The date certification was signed.
(e) The Quality Assurance Agency shall number the front and back pages on form HCD-MH 473 Quality Assurance Agency Monthly Summary Report for Recreational Vehicle, Mobile Home, Commercial Coach and Special Purpose Commercial Coach, (Part II), dated May 1989.
(f) By the fifteenth day of each month and on form HCD-MH 441 Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I), dated May 1989 and provided by the department, a Quality Assurance Agency shall prepare and transmit to the department the following information for each client manufacturer served in the previous month:
(1) The Quality Assurance Agency name, agency number, address and telephone number.
(2) The reporting month and year.
(3) The name, identification number, plant address and telephone number of the manufacturer.
(4) The number of inspections and reinspections conducted.
(5) The dates that inspections and reinspections were conducted.
(6) The number of units inspected and the number of units held for reinspection.
(7) The number of units issued California insignia.
(8) Indication of whether the frequency of inspections by the Quality Assurance Agency and the manufacturer's quality control program is acceptable or needs improvement, and a brief narrative explaining why improvement is needed.
(9) The number of tests witnessed by the Quality Assurance Agency.
(10) The types of tests witnessed and the dates that tests were witnessed to include the gas piping system (low pressure and three pound (3 lb.) tests), dielectric 12, 120 or 120/240 volt systems, polarity, continuity, operational, water piping system, demand system and waste and vent system.
(11) Indication of whether requests for plan reconsideration pursuant to Section 4878(m) are attached.
(12) Identification of the plan submitted for reconsideration.
(13) The make and model and complete serial number.
(14) The plan approval number or inspection pursuant to Section 4878(d) or (e) as appropriate.
(15) Indication of whether the unit is a mobile home, recreational vehicle or special purpose commercial coach.
(16) The California insignia number and date of manufacture.
(17) The location in the manufacturing process when inspected.
(18) The name and address of the purchaser.
(19) The name, street address, city, state and zip code of the unit's destination.
(20) For mobile homes and special purpose commercial coaches only, identification of the number of sections as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M1 for the first section, M2 for the second section, M3 for the third section, etc.
(21) The signature and printed name and title of the authorized person certifying under penalty of perjury to the information contained in the report and any and all attachments to the report as being true and correct.
(22) The date that certification was signed.
(g) If the Quality Assurance Agency requires additional space to submit information required on HCD-MH 441, Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I), dated May 1989, the agency shall complete form HCD-MH 441B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I), dated May 1989, and provided by the department and shall contain the following information:
(1) The Quality Assurance Agency name and agency number.
(2) The name and identification number of the manufacturer.
(3) The reporting month and year.
(4) The make and model and complete serial number.
(5) The plan approval number or inspection pursuant to Section 4878(d) or (e) as appropriate.
(6) Identification of whether the unit is a mobile home, recreational vehicle or special purpose commercial coach.
(7) The California insignia number and date of manufacture.
(8) The location in the manufacturing process when inspected.
(9) The name and address of the purchaser.
(10) The name, street address, city, state and zip code of the unit's destination.
(11) For mobile homes and special purpose commercial coaches only, identification of the number of sections as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M1 for the first section, M2 for the second section, M3 for the third section, etc.
(h) The Quality Assurance Agency shall number the back page of form HCD-MH 441 Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I), dated May 1989 and number the front and back pages of form HCD-MH 441B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I), dated May 1989. Form(s) HCD-MH 441B shall be attached to form HCD-MH 441.
(i) By the fifteenth day of each month and on form HCD-MH 442 Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989 and provided by the department, a Quality Assurance Agency shall prepare and transmit to the department the following information for each client manufacturer served in the previous month:
(1) The Quality Assurance Agency name, agency number, address and telephone number.
(2) The reporting month and year.
(3) The name, identification number, plant address and telephone number of the manufacturer.
(4) The number of inspections and reinspections conducted.
(5) The dates that inspections and reinspections were conducted.
(6) The number of units inspected and the number of units held for reinspection.
(7) The number of units issued California insignia.
(8) Indication of whether the frequency of inspections by the Quality Assurance Agency and the manufacturer's quality control program is acceptable or needs improvement, and a brief narrative explaining why improvement is needed.
(9) The number of tests witnessed by the Quality Assurance Agency.
(10) The dates and types of tests witnessed to include the gas piping system (low pressure and three pound (3 lb.) tests), dielectric 12, 120, 120/240, or 480 volt systems, polarity, continuity, operational, water piping system and waste and vent system.
(11) Indication of whether requests for plan reconsideration pursuant to Section 4878(m) are attached.
(12) Identification of the plan submitted for reconsideration.
(13) The serial number, model and plan approval number.
(14) The roof, floor and wind live loads, occupancy, electrical, plumbing, mechanical and fire safety for each section comprising the commercial coach.
(15) The California insignia number.
(16) The location in the manufacturing process when inspected.
(17) The date of manufacture.
(18) The name and address of the purchaser.
(19) The name, street address, city, state and zip code of the unit's destination.
(20) Identification of the number of sections within the unit as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M1 for the first section, M2 for the second section, M3 for the third section, etc.
(21) The signature and printed name and title of the authorized person, certifying under penalty of perjury that the information contained in the report and any and all attachments to the report is true and correct.
(22) The date that the certification was signed.
(j) If the Quality Assurance Agency requires additional space to submit information required on form HCD-MH 442, Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989, the agency shall complete form HCD-MH 442B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989, and provided by the department and shall contain the following information:
(1) The Quality Assurance Agency name and agency number.
(2) The name and identification number of the manufacturer.
(3) The reporting month and year.
(4) The serial number, model and plan approval number.
(5) The roof, floor and wind live loads, occupancy, electrical, plumbing, mechanical and fire safety for each section comprising the commercial coach.
(6) The California insignia number.
(7) The location in the manufacturing process when inspected.
(8) The date of manufacture.
(9) The name and address of the purchaser.
(10) The name, street address, city, state and zip code of the unit's destination.
(11) Identification of the number of sections within the commercial coach as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M1 for the first section, M2 for the second section, M3 for the third section, etc.
(k) The Quality Assurance Agency shall number the back page of form HCD-MH 442 Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989 and the front and back pages of form HCD-MH 442B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989. Form(s) HCD-MH 442B shall be attached to form HCD-MH 442.
( l) The Quality Assurance Agency shall notify the department of corrections to forms HCD-MH 441 and 441B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Recreational Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part 1), dated May 1989 by submitting form HC-MH 444 Quality Assurance Agency Adjustment Report for Recreational Vehicle, Mobile Home and Special Purpose Commercial Coach, dated May 1989 and provided by the department and shall contain the following information:
(1) The Quality Assurance Agency name, agency number, address and telephone number.
(2) The month and year of the adjusted report.
(3) The name, identification number, plant address and telephone number of the manufacturer.
(4) The signature and printed name and title of the authorized person, certifying under penalty of perjury that the information contained in the report and any and all attachments to the report is true and correct.
(5) The date that the certification was signed.
(6) The make and model and complete serial number.
(7) The plan approval number or inspection pursuant to Section 4878(d) or (e) as appropriate.
(8) Identification of whether the unit is a mobile home, recreational vehicle or special purpose commercial coach.
(9) The California insignia number and date of manufacture.
(10) The location in the manufacturing process when inspected.
(11) The name and address of the purchaser.
(12) The name, street address, city, state and zip code of the unit's destination.
(13) For mobile homes and special purpose commercial coaches only, identification of the number of sections as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M1 for the first section, M2 for the second section, M3 for the third section, etc.
(14) Specification of the appropriate adjustment code as follows:
(A) VI for void insignia;
(B) E for error in information; or
(C) AU to add unit to report.
(m) The Quality Assurance Agency shall number the front and back pages on form HCD-MH 444 Quality Assurance Agency Adjustment Report for Recreational Vehicle, Mobile Home or Special Purpose Commercial Coach, dated May 1989.
(n) The Quality Assurance Agency shall notify the department of corrections to forms HCD-MH 442 and 442B Quality Assurance Agency Monthly Inspection and Insignia Issuance Summary for Commercial Coach (Part I), dated May 1989 by submitting form HCD-MH 445 Quality Assurance Agency Adjustment Report for Commercial Coach, dated May 1989 and provided by the department and shall contain the following information:
(1) The Quality Assurance Agency name, agency number, address and telephone number.
(2) The month and year of adjusted report.
(3) The name, identification number, plant address and telephone number of the manufacturer.
(4) The signature and printed name and title of the authorized person, certifying under penalty of perjury that the information contained in the report and any and all attachments to the report is true and correct.
(5) The date that certification was signed.
(6) The serial number, model and plan approval number.
(7) The roof, floor and wind live load, occupancy, electrical, plumbing, mechanical and fire safety for each unit.
(8) The California insignia number.
(9) The location in the manufacturing process when inspected.
(10) The date of manufacture.
(11) The name and address of the purchaser.
(12) The name, street address, city, state and zip code of the unit's destination.
(13) Identification of the number of sections within the commercial coach as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M1 for the first section, M2 for the second section, M3 for the third section, etc.
(14) Specification of the appropriate adjustment code as follows:
(A) VI for void insignia;
(B) E for error in information; or
(C) AU to add unit to report.
(o) The Quality Assurance Agency shall number the front and back pages on form HCD-MH 445 Quality Assurance Agency Adjustment Report for Commercial Coach, dated May 1989.
(p) At the conclusion of each inspection visit, the Quality Assurance Inspector shall prepare an inspection report which shall include the following information:
(1) Identification of the Quality Assurance Agency, the inspector and the manufacturer.
(2) The date of the inspection.
(3) A brief narrative describing the inspection activities, i.e., production line, finished units in storage, material storage, tests, quality control inspections, etc.
(4) The model, plan approval number, serial number and type of each unit inspected.
(5) The location of each unit in the production sequence when inspected, including each finished unit bearing an insignia.
(6) For each unit inspected or tested, a description of each violation observed and of the action taken to correct the violation and eliminate its recurrence. The appropriate plan or manual and law, regulation or document incorporated by reference shall be referenced for each violation.
(7) An order to hold any unit which was found to be in violation which could not be brought into compliance during the inspection visit.
(8) A brief narrative which describes any reinspection, correction, or the discovery of additional violations found on units held for reinspections from previous inspections.
(9) For certified manufacturing facilities, a brief narrative which summarizes the effectiveness of the manufacturer's quality control program and notes any requirements for needed improvements.
(10) A brief narrative which summarizes the manufacturer's compliance with insignia security requirements.
(q) A copy of each inspection report shall be provided to the manufacturer. Copies of the inspection reports shall be provided the department upon written request from the department.
(r) A Certification Report required by Section 4878(c) shall include the following information:
(1) Identification of the Quality Assurance Agency and the manufacturer.
(2) The date of the report.
(3) A narrative which describes the inspections, dates of each inspection, observations, an assessment of the manufacturer's quality control program and compliance with approved plans, manuals, and applicable law or regulation, and which provides justification for the Agency's reduction in the frequency of inspection.
(4) A narrative which explains the insignia security procedures adopted by the manufacturer and which assesses their effectiveness.
(5) As an attachment, a copy of each inspection report associated with the certification of the manufacturing facility.
(s) A Quality Assurance Agency shall notify the department in writing within two (2) days of the discovery of units shipped for sale in California without inspection when required by Section 4878, insignia, or in violation of California law, regulation, or approved plans.
(t) Each Quality Assurance Agency shall maintain all reports, or copies thereof, required by this section for a period of three (3) years from the date of the report.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18020, Health and Safety Code.
s 4882. Insignia Issuance and Administration.
(a) A Quality Assurance Agency shall apply to the department for insignia on form HCD-MH 440 Application for Insignia By Quality Assurance Agency, dated May 1989 and provided by the department and shall contain the following information at Section 1 -Request for HCD Insignia:
(1) The Quality Assurance Agency name, agency number, address and telephone number.
(2) Identification of whether the type of insignia ordered is either recreational vehicle, mobile home, commercial coach or special purpose commercial coach. The Quality Assurance Agency shall request only one type of insignia on an application.
(3) Identification of the type of method used to determine the insignia fee as follows:
(A) Method I -Identify the number of recreational vehicle insignia requested and multiply by the recreational vehicle insignia fee specified in Section 4044(h)(2).
(B) Method II -Identify the number of special purpose commercial coach insignia requested.
(C) Method III -Identify the number of mobile home or commercial coach insignia requested and multiply by the insignia fee for mobile home and commercial coach specified in Section 4044(h)(1) and enter the amount at Line (A).
Calculate the credits due the Quality Assurance Agency for previous mobile home or commercial coach insignia (as appropriate) reported to the department as assigned to specific sections. Multiply the credits due by the insignia fee for mobile home and commercial coach specified in Section 4044(h)(1) and enter the amount at Line B. (One credit may be taken for each insignia issued to a manufacturer for the 2nd, 3rd, etc. section of a multi-section mobile home or commercial coach.)
Subtract Line (B) from Line (A) to determine the fee due the department and enter the amount at Line (C).
(4) The signature and printed name of the Insignia Administrator and the date that the request for insignia was signed.
(5) Upon completion of Section 1, the Quality Assurance Agency shall retain the pink copy and mail the white, canary and blue copies to the department along with the appropriate insignia fees.
(b) The department shall complete Section 2 -Insignia Shipment, on form HCD-MH 440, Application For Insignia By Quality Assurance Agency, dated May 1989 upon receipt and acceptance of the Quality Assurance Agency's request for insignia, and the appropriate insignia fee required by Section 4044. Section 2 shall contain the following information:
(1) Indication of whether the type of insignia shipped is recreational vehicle, mobile home, commercial coach or special purpose commercial coach.
(2) The amount of available credits.
(3) The quantity of insignia shipped.
(4) The numerical sequence of insignia issued beginning with the first insignia control number and including the last insignia control number.
(5) The name of the authorized person issuing the insignia and the date of issuance.
(c) The department shall retain the blue copy and mail the white and canary copy to the Quality Assurance Agency with the insignia requested.
(d) Upon the Quality Assurance Agency's receipt of insignia from the department, the Quality Assurance Agency shall provide the following information at Section 3 -Insignia Receiving Report on form HCD-MH 440 Application for Insignia by Quality Assurance Agency, dated May 1989:
(1) The date the insignia shipment was received.
(2) The quantity of insignia received.
(3) The numerical sequence of insignia issued beginning with the first insignia control number and including the last insignia control number.
(4) The signature and printed name of the Insignia Administrator, certifying that the insignia received is in satisfactory condition and correct according to type of insignia requested, quantity ordered and numerical sequence. The Insignia Administrator shall also certify to the unsatisfactory condition of insignia received by identifying insignia that is damaged, misprinted, missing, duplicated or possessing other unsatisfactory characteristics and identify the insignia number(s) affected.
(5) Upon completion of Section 3, the Quality Assurance Agency shall retain the canary copy and mail the white copy to the department along with insignia identified as damaged, misprinted, duplicated or possessing other unsatisfactory characteristics.
(e) The Quality Assurance Agency shall not request more than a thirty (30) day supply of insignia.
(f) The insignia remain the sole property of the department. A Quality Assurance Agency shall return the insignia when the agency terminates activity or when so ordered by the department.
(g) The Quality Assurance Agency is responsible for accounting for each insignia received from the department from the time of receipt until issued to a manufacturer. Insignia security procedures shall be established and an Insignia Administrator shall be designated to maintain insignia administration and security.
(h) The Quality Assurance Agency shall require each manufacturer to establish and maintain an insignia security procedure. The Quality Assurance Agency shall refuse to issue insignia to a manufacturer unless the manufacturer establishes and maintains adequate insignia security procedures. If a manufacturer does not establish and maintain adequate insignia security, the Quality Assurance Agency shall affix the insignia to finished and complying units at the time of inspection.
(i) The insignia security procedures established by the Quality Assurance Agency and each manufacturer shall minimize the potential for insignia loss, damage, theft and misappropriation. The procedures shall provide for storage of insignia in a lockable device when the insignia are left unattended. The device shall be of a type which cannot be opened except by a key or combination and except by the Insignia Administrator and shall be of such size or attachment to a floor or wall that it cannot be easily removed from the room where it is kept. The room where insignia are kept shall be locked when unattended. In the case of the manufacturer, the procedure for issuance of insignia shall be restricted to only personnel trained in insignia security procedures.
(j) The Quality Assurance Agency shall not permit a manufacturer to accumulate more than a thirty (30) day supply of insignia.
(k) The Quality Assurance Agency shall investigate the loss, destruction or misappropriation of insignia, including insignia issued to a client manufacturer. As an attachment to the report required by Section 4880(d), the Quality Assurance Agency shall submit a written investigative report to the department which identifies any insignia lost, stolen, damaged or misappropriated during the reporting month, and which describes the investigation, the circumstances which led to the occurrence, and the measures taken in order to eliminate a recurrence.
( l) The Quality Assurance Agency may charge a manufacturer for insignia and insignia administration, in addition to the charges for inspection.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18020 and 18026, Health and Safety Code.
s 4884. Fees.
(a) Application for Design Approval Agency Approval: Three hundred forty-nine dollars ($349)
(b) Application for Quality Assurance Agency Approval: Three hundred forty-nine dollars ($349)
(c) Application for Quality Assurance Inspector: Two hundred ninety-five dollars ($295)
(d) Application for Design Approval Agency Approval Renewal: Three hundred two dollars ($302)
(e) Application for Quality Assurance Agency Approval Renewal: Three hundred two dollars ($302)
(f) Application for Quality Assurance Inspector Approval Renewal: Two hundred sixty-seven dollars ($267)
(g) Change of Third-Party Name, or Address: Sixty-two dollars ($62)
(h) Change of Quality Assurance Inspector Name or Address: Sixty-two dollars ($62)
(i) Plan Approval Monitoring:
(1) for plans relating to a manufactured home, mobilehome, multi-unit manufactured housing or commercial modular: Forty-four dollars ($44); and
(2) for plans relating to a special purpose commercial modular: Forty-four dollars ($44).
(j) Plan Approval Monitoring, for Quality Control Manuals: Forty-two dollars ($42)
(k) Plan Approval Monitoring, for Amendments to Approved Plans or Manuals: Thirty dollars ($30).
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Section 18031, Health and Safety Code.
Appendix RV-P-1
Wall Surfacing for Tub and Shower Enclosures
I. Material: The wall covering material must have an
exposed surface that is impervious to
water; the substrate material must be
resistant to deterioration from exposure
to high humidity and temporary water
leakage.
A. Strength: The complete wall assembly, including the
wall covering substrate, shall be
capable of withstanding a uniform load
of five pounds per square foot applied
perpendicular to the surface. The
deflection, under load, shall not exceed
1 /180 of the height of the wall, for
the assembly; or 1 /240 the distance
between framing members, for the wall
covering substrate.
B. Surface Finish: The exposed surface must meet the minimum
requirements of the American Hardboard
Association PS-59-73, Prefinished
Hardboard Paneling, Class 1, as
certified by the panel manufacturer.
C. Size: The minimum thickness of the material
shall be 1 /8 " nominal. The width to be
sufficient to give continuous unbroken
surface from corner to corner, or end of
tub in corner installation, in an
installation incorporating a shower, the
unbroken surface must continue to a
height of at least 6 ' above the floor
of the shower.
D. Type: The substrate material shall also meet the
requirements of the appropriate standard
listed below:
(1) Hardboard: of high
strength and water
resistance to meet
Commercial Standard
CS-251-63, or AHA PS
58-73, either standard or
tempered. (2) Softwood
Plywood: must meet U.S.
Product Standard P.S.
1-66 including exterior
type glue line and grade
A face veneer "suitable
for painting." (3)
Hardwood Plywood: must
meet PS-51-71 Type II
glue line and sound grade
face veneer. (4) Other
Materials: not meeting
D-1, D-2, D-3 above,
shall meet the
requirements of this code
and their appropriate
Product Standard,
Industry Standard,
Commercial Standard, of
Federal Specification.
II. Installation: The material must be installed in
conformance with this code and the
application instructions provided by the
material manufacturer. In case of
conflict, this regulation shall take
precedence.
A. Framing: Wood framing shall be spaced not more than
16 " o.c. Blocking shall be 1 " x 3 " or
equal, installed horizontally at height
to match rim of the tub or shower pan.
All corners shall have sufficient
framing members for attachment of corner
moldings.
B. Fastening: All edges and ends of panel shall occur on
framing members. Panels shall be applied
to wood framing members using water
resistant, non-hard setting adhesive.
Adhesive shall be applied to the face of
all framing members except locations
where panel edges fall beneath applied
moldings. Panels may also be applied
over solid backing using an adhesive.
Note: Fasteners, if
necessary, shall be used
only in locations where
they will be covered by
applied moldings, and
shall be used on not more
than two adjacent edges.
No other interior
fasteners, or fixtures,
other than required
functional plumbing
fixtures shall penetrate
the face of the panel.
Openings for these
plumbing fixtures must be
sealed with caulk.
C. Corners and
Edges: All corners and edges must
be caulked or sealed
against moisture
penetration. A non-hard
setting sealant material
must be used with applied
moldings. Fastening of
moldings to framing shall
not be greater than 6 "
o.c.
Appendix A
Provisions of California Health and Safety code Relating to Mobilehomes,
Recreational Vehicles and Commercial Coaches
Appendix B
Provisions of the National Mobile Home Construction and Safety Standards Act
s 5000. Authority.
This chapter is adopted in order to implement, interpret and make specific and otherwise carry out the manufactured home, mobilehome and commercial coach occupational licensing requirements of Chapters 5, 6, and 7 (commencing with Sections 18035) of Division 13, Part 2, of the Health and Safety Code, Sections 1797, et seq., of the Civil Code, and Chapter 3 (commencing with Section 15374) of Title 2, Division 3, Part 6.7 of the Government Code.
Note: Authority cited: Section 18015, Health and Safety Code, and Section 15376, Government Code. Reference: Sections 18000-18066.5, Health and Safety Code; and Sections 1797 et seq., Civil Code; and Sections 15374-15378, Government Code.
s 5001. Application and Scope.
(a) The provisions of this chapter apply to all persons acting as a manufacturer, distributor, dealer, or salesperson of manufactured homes, mobilehomes, or commercial coaches as defined by Sections 18000-18014 of the Health and Safety Code.
(b) The provisions of this chapter also apply to all persons acting in the capacity of a 90-day certificate holder as defined in Section 5002 of this chapter.
(c) These provisions regulate the occupational licensing of and business practices of licensees regarding the manufacture, alteration, sale or lease of manufactured homes, mobilehomes or commercial coaches.
(d) To the extent permitted by law, these provisions provide for regulation of transporters of manufactured homes, mobilehomes and commercial coaches.
(e) These provisions regulate the application process and requirements for the department and persons applying for a license or 90-day certificate pursuant to law and this chapter.
Note: Authority cited: Sections 18015 and 18052.6, Health and Safety Code, and Section 15374, Government Code. Reference: Sections 18035-18066.5, Health and Safety Code; Sections 1797-1797.7, Civil Code; and Sections 15374-15378, Government Code.
s 5002. Definitions.
The following definitions and those set forth or referenced in Health and Safety Code Sections 18000 through 18153, shall govern the activities under this chapter:
(a) Accessory. Any additional structure, air-conditioning unit, driveway, landscaping, skirting, awning, carport, shed, porch, or other items contracted for and included in the purchase document for the purchase or lease of a manufactured home, mobilehome and/or its installation site.
(b) Acknowledged. When used in this chapter means either notarized or attested to by a subscribing witness.
(c) Advertising. Any statement, representation, act or announcement intentionally communicated to any member of the public by any means whatever, whether orally, in writing or otherwise, generally for the purpose of arousing a desire to buy or patronize.
(d) Cash or cash equivalent. Includes, but is not limited to:
(1) Cash, checks, money orders, or drafts.
(2) Promissory notes, bills of sale, or certificates of ownership, or other intangible property.
(3) Assignments of funds, proceeds, contracts, rights, or other negotiable instruments.
(4) Any real or personal property.
(e) Clock hour. Fifty (50) continuous minutes in an approved preliminary or continuing education course, seminar, or conference excluding breaks for meals, rest, or smoking.
(f) Close of escrow. The date on which the conditions of the escrow have been met and the escrow agent is in a position to disburse all funds excepting funds withheld for uninstalled or undelivered accessories included in the purchase price.
(g) Continuing Education Course. A class, seminar or conference approved by the department, pursuant to law and this chapter, which offers licensees continuing education clock hour credits on one topic.
(h) Correspondence Course. A continuing education program of a single topic approved by the department transmitted by mail between a licensee and an approved course provider.
(i) Course Provider. A person or entity offering preliminary or continuing education courses approved by the department. A course provider meeting the minimum qualifications established in this chapter may also be an approved instructor.
(j) DOJ. The California Department of Justice.
(k) Instructor. A person approved by the department to present preliminary or continuing education courses while in the employ of a course provider. An instructor may also be a course provider.
(l) Live Scan. Digitally scanned fingerprinting using the electronic process certified by DOJ at an approved facility.
(m) Manufacturer's Suggested Retail Price. The total price shown on the label required by Health and Safety Code Section 18032.
(n) 90-day certificate holder. An applicant for an original salesperson license, holding a certificate issued by the department which permits the applicant to perform the following activities while in the employment of a licensed dealer:
(1) A 90-day certificate holder may induce or attempt to induce a person to buy, lease, or exchange an interest in a new or used manufactured home, mobilehome, or commercial modular.
(2) For commission, money, profit, or other thing of value, a 90-day certificate holder may sell, exchange, buy, or lease; offer for sale; negotiate or attempt to negotiate a sale, lease or exchange of an interest in a new or used manufactured home, mobilehome, or commercial modular.
(3) A 90-day certificate holder shall not execute any documents, contracts, or listing agreements, or accept any cash or cash equivalent for the sale or lease of a new or used manufactured home, mobilehome, or commercial modular.
(o) Preliminary Education Course. A class, seminar or conference approved by the department pursuant to law and this chapter relating to laws and regulations governing manufactured home and mobilehome sales, specifically designed for persons not holding a manufactured home or mobilehome dealer or salesperson license.
(p) Purchase document. Any instrument of purchase, regardless of its title, which is prepared by a licensee to effect the sale of a manufactured home, mobilehome or commercial modular to a retail purchaser.
(q) Supervising Managing Employee. A person designated by a licensed dealer of manufactured homes, mobilehomes or commercial modulars as responsible for the direct supervision of 90-day certificate holders employed by the dealer at an established place of business. A supervising managing employee must be:
(1) a salesperson in possession of a valid occupational license as required by this chapter, or
(2) a sole owner dealer, or
(3) a partner in a partnership or a director or officer of a corporation who, as required by this chapter, has been designated as participating in the direction and control of the sales business.
(r) Topic. The subject offered by a preliminary or continuing education course.
(s) Working days. All days except Saturdays, Sundays, and state and federal holidays.
Note: Authority cited: Sections 18015 and 18052.6, Health and Safety Code. Reference: Sections 18001.8, 18035-18066.5, Health and Safety Code; Sections 1797-1797.7, Civil Code; Sections 17003 and 17004, Financial Code; and Sections 11077.1 and 11102.1, Penal Code.
s 5010. License.
(a) No person acting as a manufacturer, dealer, distributor or salesperson shall do so from any location without a current and valid occupational license issued pursuant to law or this chapter. Any person in violation of this section shall be liable for appropriate fees pursuant to Section 5040 and a penalty of 50 percent of the license fee in addition to any other civil and/or criminal penalties.
(b) No person acting as a transporter shall do so without a current and valid transportation decal. Any person in violation of this section shall be liable for appropriate fees pursuant to Section 5040 and a penalty of 50 percent of the decal fee in addition to any other civil and/or criminal penalties.
(c) No manufacturer whose established place of business is located outside this state, shall deliver new manufactured homes, mobilehomes or commercial coaches to dealers in this state for the purposes of sale, rent or lease, without a current and valid manufacturer's license issued pursuant to law and this chapter. It is not necessary for a manufacturer to obtain a license in this state for manufacturing sites located outside of the state, provided that the manufacturer has at least one established place of business located within this state licensed by the Department of Housing and Community Development.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18045, 18045.6 and 18062.2, Health and Safety Code.
s 5011. Books and Records.
(a) Pertinent books and records of a licensee which relate to the manufacture, purchase, sale, rental, transportation or lease of manufactured homes, mobilehomes or commercial coaches must be available for inspection during normal work hours without prior notice. In the case of an out of state manufacturer, pertinent books and records or copies thereof shall be delivered or mailed to the department for inspection within 10 days of a written request from the department.
(b) In the case of a dealer, pertinent books and records include, but are not limited to, invoices; certificates of origin; identification numbers; report of sales books; purchase documents; lease or rental agreements; receipts for deposit; documents submitted into escrow for the preparation of escrow instructions; escrow instructions; and any other records which relates to the purchase, sale, rental or lease of any manufactured home, mobilehome or commercial coach within this state.
(c) In the case of a manufacturer or distributor, pertinent booksand records include, but are not limited to, invoices; certificates of origin; identification numbers; contracts or franchise agreements with dealers; production orders; suggested retail price labels; and any other record which relates to the manufacture, distribution, sale, rent or lease of any manufactured home, mobilehome or commercial coach within this state. (continued)