Section § 1

Explanation
This section specifies the official name of the act, which is the Health and Safety Code.
This act shall be known as the Health and Safety Code.

Section § 2

Explanation

This section states that if the provisions of the code are almost the same as existing laws on the same topic, they should be seen as updates or continuations of those laws, not as completely new laws.

The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments.

Section § 3

Explanation

When this code becomes active, if someone is already in an office that was part of an earlier law but is still recognized in the new code, they will keep their position as previously held.

All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure.

Section § 4

Explanation

This law says that if a legal action or proceeding started before the new code was implemented, it won't be affected by the new code. However, any procedures or steps taken from that point onward should follow the new code as much as possible.

Any action or proceeding commenced before this code takes effect, and any right accrued, is not affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code as far as possible.

Section § 5

Explanation

This section explains that the definitions, rules, and general guidelines outlined are used to interpret and apply the rest of this code, unless the specific provision or context suggests otherwise.

Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code.

Section § 6

Explanation
The titles and headings used in the code do not change or influence how the laws and their intentions are understood or applied.
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section § 7

Explanation

This section explains that when a public officer is given certain powers or responsibilities, they can allow a deputy or another legally authorized person to carry out those powers or duties unless a specific law says otherwise.

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.

Section § 8

Explanation

This law states that any message, notice, report, statement, or record that needs to be recorded under this code should be written in a way that people can easily read, and it must be in English unless there's a specific rule that says otherwise.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Section § 9

Explanation

This law states that if a law references a part of this code or another law, the reference includes any updates or changes made to it over time. Basically, it's a way of saying that the law is flexible enough to include future amendments and additions.

Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions now or hereafter made.

Section § 10

Explanation

This section is all about how certain terms are used in legal documents. When you see the word 'Section,' it refers to a part of this legal code, unless another law is mentioned. The term 'Subdivision' refers to a part of the current section, unless it clearly states another section.

“Section” means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

This law states that in legal documents, words in the masculine form should be understood to include both feminine and neuter forms as well. This means that when a law uses 'he' or 'him,' it also applies to 'she,' 'her,' and any gender-neutral terms.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This section means that if a law mentions something in singular form, it can also apply to multiple items, and vice versa. For example, 'person' can mean 'persons' and 'persons' can mean 'person'.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 15

Explanation

This law states that if a notice needs to be given under this code, it can be sent by mail with prepaid postage to the person's home or main workplace in the state unless stated otherwise. The person who sends the notice can provide an affidavit as proof that the notice was mailed, and this is considered sufficient initial evidence.

Unless expressly otherwise provided, any notice required to be given to any person by any provision of this code may be given by mailing notice, postage prepaid, addressed to the person to be notified, at his residence or principal place of business in this State. The affidavit of the person who mails the notice, stating the facts of such mailing, is prima facie evidence that the notice was thus mailed.

Section § 16

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 17

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 18

Explanation

This law explains that if someone can't write and needs to sign a document, they can use a mark instead. In this case, a witness must write the person's name next to the mark and also sign their own name. If the mark is being used for a sworn statement or needs formal acknowledgment, two witnesses have to sign their names next to the mark.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 19

Explanation

This section defines the term “person” very broadly, including not just individuals, but also businesses and organizations like firms, associations, partnerships, corporations, and limited liability companies.

“Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.

Section § 20

Explanation

This law clarifies that whenever you see 'State Department' or 'Department' in legal text, it means the State Department of Health Services. However, starting July 1, 2007, if this term is used for functions assigned to the State Department of Public Health, it should refer to the State Department of Public Health. If it's used for functions not assigned to this department, it should instead refer to the State Department of Health Care Services.

“State department” or “department” means State Department of Health Services. Commencing July 1, 2007, any reference to the former State Department of Health Services regarding a function vested by Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, in the State Department of Public Health is deemed to, instead, refer to the State Department of Public Health, and any reference to the former State Department of Health Services regarding a function not vested by Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, in the State Department of Public Health, is deemed to, instead, refer to the State Department of Health Care Services.

Section § 21

Explanation

This law section defines the term "Director" as the "State Director of Health Services." Starting from July 1, 2007, any mentions of the former State Director of Health Services in specific health-related functions should now be understood to refer to the State Public Health Officer. This change is specific to the responsibilities outlined in Chapter 2 of Part 1 of Division 112.

“Director” means “State Director of Health Services.” Commencing July 1, 2007, any reference to the former State Director of Health Services regarding a function vested by Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, in the State Department of Public Health is deemed to, instead, refer to the State Public Health Officer.

Section § 22

Explanation

This law clarifies that the term "Board" or "State Board of Public Health" now refers to the "State Department of Health Services" for regulatory duties. For other functions previously done by the Board, it means the "Advisory Health Council."

“Board” or “State Board of Public Health” means “State Department of Health Services,” with respect to regulatory functions heretofore performed by the State Board of Public Health or the “Advisory Health Council” with respect to all other functions heretofore performed by the board.

Section § 23

Explanation
This section clarifies that when the term 'State' is used, it generally refers to California. However, if it's in reference to different parts of the U.S., it also includes the District of Columbia and U.S. territories.
“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

Section § 24

Explanation

This law says that if a part of this code is found to be invalid or not applicable to a certain person or situation, it doesn't affect the rest of the code. The rest of the code stays valid and can still be applied to other people or situations.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 25

Explanation

This section explains how state entities in California should adopt building standards. When creating rules that involve building standards, they must follow specific procedures outlined in another part of the Health and Safety Code unless certain exceptions apply. If a building standard is adopted incorrectly, it won't be valid. Additionally, building standards that were adopted before January 1, 1980, will remain valid only until January 1, 1985, unless they are updated or replaced.

Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

Section § 27

Explanation

This section defines several specific acts within the California Health and Safety Code. It specifies which parts of the code relate to different health-related topics.

The Communicable Disease Prevention and Control Act includes various sections and divisions focused on preventing and controlling diseases that spread from person to person. The Hereditary Disorders Act addresses sections related to genetic disorders. The Maternal and Child Health Program Act covers several areas dedicated to healthcare for mothers and children. The Miscellaneous Food, Food Facility, and Hazardous Substances Act includes regulations concerning food safety and hazardous substances. The Primary Care Services Act comprises chapters on basic healthcare services, while the Radiologic Technology Act relates to the use of radiologic technology and equipment.

For purposes of this code:
(a)CA Health & Safety Code § 27(a) “Communicable Disease Prevention and Control Act” means Sections 104730, 104830 to 104860, inclusive, 113150, 113155, Part 1 (commencing with Section 120100) of, Chapter 1 (commencing with Section 120325, but excluding Section 120380) of Part 2 of, Part 3 (commencing with Section 120500) of, and Part 5 (commencing with Section 121350) of, Division 105.
(b)CA Health & Safety Code § 27(b) “Hereditary Disorders Act” means Article 1 (commencing with Section 124975) of Chapter 1 of Part 5 of Division 106, and Sections 125050, 125055, 125060, and 125065.
(c)CA Health & Safety Code § 27(c) “Maternal and Child Health Program Act” means Section 120380, Chapter 4 (commencing with Section 103925) of Part 2 of Division 102, Article 4 (commencing with Section 116875) of Chapter 5 of Part 12 of Division 104, Article 1 (commencing with Section 123225) of Chapter 1 of Part 2 of Division 106, Article 2 (commencing with Section 125000) of Chapter 1 of Part 5 of Division 106, and Sections 125075 to 125110, inclusive.
(d)CA Health & Safety Code § 27(d) “Miscellaneous Food, Food Facility, and Hazardous Substances Act” means Chapter 4 (commencing with Section 108100), Chapter 6 (commencing with Section 108675), and Chapter 7 (commencing with Section 108750) of Part 3 of, Chapter 3 (commencing with Section 111940), Chapter 4 (commencing with Section 111950), Chapter 5 (commencing with Section 112150), Chapter 6 (commencing with Section 112350), Chapter 7 (commencing with Section 112500), Chapter 8 (commencing with Section 112650), Chapter 9 (commencing with Section 112875), Chapter 10 (commencing with Section 113025), and Article 3 (commencing with Section 113250) of Chapter 11, of Part 6 of, and Chapter 4 (commencing with Section 113700) of Part 7 of, Division 104.
(e)CA Health & Safety Code § 27(e) “Primary Care Services Act” means Chapter 1 (commencing with Section 124400), Chapter 2 (commencing with Section 124475), Chapter 3 (commencing with Section 124550), Chapter 4 (commencing with Section 124575), Chapter 5 (commencing with Section 124600), Chapter 6 (commencing with Section 124800), and Article 1 (commencing with Section 124875) of Chapter 7 of, Part 4 of Division 106.
(f)CA Health & Safety Code § 27(f) “Radiologic Technology Act” means Sections 106965 to 107115, inclusive, and Chapter 6 (commencing with Section 114840) of Part 9 of Division 104.

Section § 28

Explanation

This law section defines "recycled water" or "reclaimed water" to mean the same thing as the definition provided in a specific part of the Water Code.

For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.