Rules And Regulations - Employee Housing Act - Health & Safety - CA

Section § 17040

This law requires the department to create, change, or eliminate rules to protect the health and safety of workers and the public in relation to employee housing. These rules cover everything from building and converting structures to maintaining cleanliness and ventilation.

The proper enforcement agency must ensure these rules and state building standards are followed. They also handle violations using specific tax code sections. Additionally, the department must propose building standards for approval to meet these objectives.

(a) Except as provided in Section 18930, the department shall adopt, amend, or repeal rules and regulations for the protection of the public health, safety, and general welfare of employees and the public, governing the erection, construction, enlargement, conversion, alteration, repair, occupancy, use, sanitation, ventilation, and maintenance of all employee housing.

(b) The appropriate enforcement agency shall enforce building standards published in the State Building Standards Code relating to employee housing and other regulations of the department promulgated pursuant to subdivision (a), including, but not limited to, processing violations in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.

(c) The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 for the purposes described in this chapter.

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Section § 17041

This section of the law outlines how rules and regulations for employee housing need to be consistent with general standards and must take into account local conditions such as geography and climate. The department can set fees for building and running this housing when it is the enforcing agency.

The law also allows the department to waive or reduce these fees during construction or major renovations if funded by a public entity and not due to enforcement actions. Additionally, for the first three years after building new housing or major renovations, there can be a full waiver of operating permit fees, provided it is not the result of an enforcement action.

(a) Except as provided in Section 17011, the rules and regulations adopted, amended, or repealed from time to time pursuant to this part shall be consistent with accepted standards and practices reasonably applicable to permanent and temporary employee housing and the utilization of housing or camping facilities. In promulgating rules and regulations, the department shall consider, among other things, geographic, topographic, and climatic conditions. The department may establish a schedule of fees for the construction and operation of employee housing wherever the department is the enforcing agency.

(b) The department may provide for the waiver or reduction of fees during construction or substantial rehabilitation that is not the result of a notice by an enforcement agency where funding is received from a public entity. The department shall provide for a waiver of the fees for an operating permit during the first three years of operation after new construction or substantial rehabilitation of employee housing that is not the result of a notice by an enforcement agency.

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Section § 17042

This section explains that starting January 1, 1980, the department cannot create or release any building standards as defined by another section, unless certain provisions are clearly excepted by law. If a building standard is created against these rules, it won't be valid. For standards made before 1980 that are still in effect, they are only valid until January 1, 1985, unless they are updated or replaced with new standards in the State Building Standards Code.

Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900), on and after January 1, 1980, the department shall not adopt or publish a building standard as defined in Section 18909, unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, or continued in effect, pursuant to this part and not expressly excepted by statute from the 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.

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Section § 17043

This law focuses on what happens if a labor camp is overcrowded. When authorities discover overcrowding, they must inform the residents and give them a fair chance to fix the issue. If the authorities move forward with legal action, residents can participate in the official hearing. Residents also have the same rights as camp owners to challenge any notice or order related to overcrowding. If it's decided that people need to leave, authorities must consider if there's other housing available. If not, residents should be given extra time to find a new place to live.

Notwithstanding any other provision of law, if the condition rendering any of the accommodations in a labor camp substandard is the overcrowding of the accommodations, the enforcement agency shall provide notice to the affected residents of the condition and shall give the residents of the accommodations a reasonable opportunity to correct the violation prior to the commencement of any action or proceeding pursuant to this part. If the enforcement agency determines to institute proceedings to correct the overcrowded condition, the residents may appear and be heard at a hearing convened as part of the proceedings. If the enforcement agency permits the owner or operator of the labor camp to appeal the initial notice of violation or order to abate, the residents shall also be permitted to appeal the initial notice of violation or order to abate. On appeal, if the enforcement agency determines that the only means of abatement is the vacation of the accommodations, the enforcement agency shall consider the availability of alternative housing for the residents, and shall, if alternative housing is not available, grant the residents a reasonable period of time, as determined by the enforcement agency, to find alternative housing.

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Section § 17043

This law section states that if employee housing is found to be overcrowded, the enforcement agency must notify residents and give them a chance to fix the issue before any legal action starts. Residents have the right to voice their concerns at a hearing if the agency begins proceedings to address the overcrowded conditions. They can also appeal any notice of violation, just like the housing owner or operator can.

If, on appeal, the only solution is to vacate the housing, the enforcement agency must consider if alternative housing is available for the affected residents. If no alternative is available, the agency should allow the residents a reasonable amount of time to find new housing.

(a) Notwithstanding any other provision of law, if the condition rendering any of the accommodations in employee housing substandard is the overcrowding of the accommodations, the enforcement agency shall provide notice to the affected residents of the condition and shall give the residents of the accommodations a reasonable opportunity to correct the violation prior to the commencement of any action or proceeding pursuant to this part. If the enforcement agency determines to institute proceedings to correct the overcrowded condition, the residents may appear and be heard at a hearing convened as part of the proceedings. If the enforcement agency permits the owner or operator of the employee housing to appeal the initial notice of violation or order to abate, the residents shall also be permitted to appeal the initial notice of violation or order to abate.

(b) On appeal, if the enforcement agency determines that the only means of abatement is the vacation of the accommodations, the enforcement agency shall consider the availability of alternative housing for the residents, and shall, if alternative housing is not available, grant the residents a reasonable period of time, as determined by the enforcement agency, to find alternative housing.

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Section § 17044

This law allows a certain department to change, add, or remove standards, forms, or definitions to implement specific sections without following the usual rulemaking process. It can also create guidelines with input from the public and stakeholders, as long as there's at least a 30-day period for public comment. These changes are exempt from the usual government process for creating rules.

(a) The department may review, adopt, amend, or repeal standards, forms, or definitions in order to implement Sections 17030.10 and 17037. Any standards, forms, or definitions adopted, amended, or repealed pursuant to Section 17030.10 or 17037 are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(b) In consultation with stakeholders, and with a public comment period no less than 30 days, the department may adopt guidelines to implement Sections 17030.10 and 17037. Any guideline, rule, policy, or standard of general application employed by the department in implementing Section 17030.10 or 17037 shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

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