Application And Scope - Mobilehome Parks Act - Health & Safety - CA

Section § 18300

This law applies to the whole state of California and overrides any local laws on the subject. It allows the Department of Housing to create rules that apply statewide. Counties or cities can take over enforcement with a 30-day notice and department approval, but if they fail, the state steps back in. Local agencies can cancel their enforcement role by notifying the department, who will then take over. Cities and counties must enforce rules concerning mobilehomes and manufactured homes in parks and elsewhere. They can also set local rules about zoning, utility hookups, permits for using homes outside parks, and building accessory structures. They can enforce setback and density rules, but must not require set-ups in new parks that are more restrictive or lavish than other housing areas.

(a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county, whether general law or chartered, applicable to this part. Except as provided in Section 18930, the department may adopt regulations to interpret and make specific this part and, when adopted, the regulations shall apply to all parts of the state.

(b) Upon 30 days’ written notice from the governing body to the department, any city, county, or city and county may assume the responsibility for the enforcement of both this part and Part 2.3 (commencing with Section 18860) and the regulations adopted pursuant to this part and Part 2.3 (commencing with Section 18860) following approval by the department for the assumption.

(c) The department shall adopt regulations that set forth the conditions for assumption and may include required qualifications of local enforcement agencies. The conditions set forth and the qualifications required in the regulations shall relate solely to the ability of local agencies to enforce properly this part and the regulations adopted pursuant to this part. The regulations shall not set forth requirements for local agencies different than those that the state maintains for its own enforcement program. When assumption is approved, the department shall transfer the responsibility for enforcement to the city, county, or city and county, together with all records of parks within the jurisdiction of the city, county, or city and county.

(d)

(1) In the event of nonenforcement of this part or the regulations adopted pursuant to this part by a city, county, or city and county, the department shall enforce both this part and Part 2.3 (commencing with Section 18860) and the regulations adopted pursuant to this part and Part 2.3 (commencing with Section 18860) in the city, county, or city and county, after the department has given written notice to the governing body of the city, county, or city and county, setting forth in what respects the city, county, or city and county has failed to discharge its responsibility, and the city, county, or city and county has failed to initiate corrective measures to carry out its responsibility within 30 days of the notice.

(2) Where the department determines that the local enforcement agency is not properly enforcing this part or Part 2.3 (commencing with Section 18860), the local enforcement agency may appeal the decision to the director of the department.

(e)

(1) Any city, city and county, or county may cancel its assumption of responsibility for the enforcement of both this part and Part 2.3 (commencing with Section 18860) by providing written notice of the cancellation to the department. The department shall assume responsibility within 90 days after receipt of the notice.

(2) Any local enforcement agency that relinquishes enforcement authority to the department shall remit to the department any fees collected pursuant to Section 18502 that have not been expended for purposes of this part, except that, for fees collected pursuant to subdivision (c) of that section, the local enforcement agency shall pay to the department a sum that is equal to the percentage of the year remaining before outstanding permits to operate expire. In addition, the local enforcement agency that relinquishes enforcement authority to the department shall remit to the department any fees collected pursuant to this part for permits to construct or for plan review, or both, for which a final approval of the construction has not yet been issued.

(f) Every city, county, or city and county, within its jurisdiction, shall enforce this part and the regulations adopted pursuant to this part, as they relate to manufactured homes, mobilehomes, or recreational vehicles, and to accessory buildings or structures located in both of the following areas:

(1) Inside of parks while the city, county, or city and county has assumed responsibility for enforcement of both this part and Part 2.3 (commencing with Section 18860).

(2) Outside of parks.

(g) This part shall not prevent local authorities of any city, county, or city and county, within the reasonable exercise of their police powers, from doing any of the following:

(1) From establishing, subject to the requirements of Sections 65852.3 and 65852.7 of the Government Code, certain zones for manufactured homes, mobilehomes, and mobilehome parks within the city, county, or city and county, or establishing types of uses and locations, including family mobilehome parks, senior mobilehome parks, mobilehome condominiums, mobilehome subdivisions, or mobilehome planned unit developments within the city, county, or city and county, as defined in the zoning ordinance, or from adopting rules and regulations by ordinance or resolution prescribing park perimeter walls or enclosures on public street frontage, signs, access, and vehicle parking or from prescribing the prohibition of certain uses for mobilehome parks.

(2) From regulating the construction and use of equipment and facilities located outside of a manufactured home or mobilehome used to supply gas, water, or electricity thereto, except facilities owned, operated, and maintained by a public utility, or to dispose of sewage or other waste therefrom when the facilities are located outside a park for which a permit is required by this part or the regulations adopted pursuant thereto.

(3) From requiring a permit to use a manufactured home or mobilehome outside a park for which a permit is required by this part or by regulations adopted pursuant thereto, and require a fee therefor by local ordinance commensurate with the cost of enforcing this part and local ordinance with reference to the use of manufactured homes and mobilehomes, which permit may be refused or revoked if the use violates this part or Part 2 (commencing with Section 18000), any regulations adopted pursuant thereto, or any local ordinance applicable to that use.

(4) From requiring a local building permit to construct an accessory structure for a manufactured home or mobilehome when the manufactured home or mobilehome is located outside a mobilehome park, under circumstances when this part or Part 2 (commencing with Section 18000) and the regulations adopted pursuant thereto do not require the issuance of a permit therefor by the department.

(5) From prescribing and enforcing setback and separation requirements governing the installation of a manufactured home, mobilehome, or mobilehome accessory structure or building installed outside of a mobilehome park.

(h)

(1) A city, including a charter city, county, or city and county, shall not require the average density in a new park to be less than that permitted by the applicable zoning ordinance, plus any density bonus, as defined in Section 65915 of the Government Code, for other affordable housing forms.

(2) A city, including a charter city, county, or city and county, shall not require a new park to include a clubhouse. Recreational facilities, recreational areas, accessory structures, or improvements may be required only to the extent that the facilities or improvements are required in other types of residential developments containing a like number of residential dwelling units.

(3) A city, including a charter city, county, or city and county, shall not require the setback and separation requirements authorized by paragraph (5) of subdivision (g) to be greater than those permitted by applicable ordinances for other housing forms.

statewide regulation local enforcement department of housing ...

Section § 18300.1

If someone wants to install a manufactured home, mobile home, or create a park in a specific area, they can apply for a conditional use permit with the local city's or county's governing body. Before deciding, a public hearing must be held, and the public should be informed about the hearing at least two weeks in advance through a newspaper notice that describes the issue and affected area. A staff report with recommendations should be made available during the hearing. The final decision on the application will be made by the governing body, and their reasons for the decision will be recorded.

Any person may file an application with the governing body of any city, city and county, or county for a conditional use permit for a manufactured home, mobilehome, or park. The governing body, or the planning commission if designated by the governing body, shall hold a public hearing on any such application. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least two weeks before the hearing and shall be published at least once in a newspaper of general circulation, published and circulated in the city, city and county, or county, as the case may be. When any hearing is held on an application for a conditional use permit for a manufactured home, mobilehome, or park, a staff report with recommendations and the basis for such recommendations shall be included in the record of the hearing. The decision of the governing body shall be final and the reasons for the decision shall be included in the record.

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Section § 18300.25

This section outlines how certain regulations apply to parks that are both special occupancy parks and mobilehome parks in California. If part of the park is permanently for recreational vehicles, different rules apply to that section. Importantly, park owners are only required to pay one annual operating permit fee, even if their park is classified as both types.

(a) The provisions of this part shall apply to any portion of a special occupancy park, as defined in Section 18862.43, that is also a mobilehome park, as defined in Section 18214. However, if a portion of a park is permanently dedicated to recreational vehicles, the provisions of Part 2.3 (commencing with Section 18860) apply in that portion of the park.

(b) The department shall not charge an owner of a park that is both a special occupancy park and a mobilehome park more than one annual operating permit fee pursuant to Sections 18502 and 18870.2.

special occupancy park mobilehome park recreational vehicles ...

Section § 18301

This law requires the department to provide information about the process by which local governments like cities and counties can take over enforcement of certain regulations. This explanation must be posted on the department's website and be available in multiple languages, following guidelines for bilingual services.

Additionally, the department must send an annual electronic notice to all local governments with mobile home parks in their areas, explaining this process.

(a) The department shall post an explanation of the process described in Section 18300 pursuant to which, following approval by the department, a city, county, or city and county may assume the responsibility for the enforcement of this part, Part 2.3 (commencing with Section 18860), and the regulations adopted pursuant to this part and Part 2.3 (commencing with Section 18860), on its internet website.

(b) The department shall post the explanation described in subdivision (a) in multiple languages, determined in compliance with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).

(c) The department shall send an annual electronic notice that explains the process described in Section 18300 to every city, county, or city and county government that has a mobilehome park located within its jurisdiction.

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Section § 18303

This law section states that certain rules do not apply to parks that are owned, operated, and maintained by the federal government, the state, any state agency or subdivision, or any city or county in California.

This part does not apply to any park owned, operated, and maintained by any of the following:

(a) The federal government.

(b) The state.

(d) Any city, county, or city and county.

park ownership government-operated parks state-run parks ...

Section § 18304

This law states that certain rules do not apply to specific types of buildings and utilities. It explains that any apartment, hotel, or dwelling covered by another specific set of regulations is exempt from the rules in this part. Additionally, public utilities that own, operate, and maintain electric, gas, or water facilities are also exempt.

(a) This part does not apply to any apartment house, hotel, or dwelling which is subject to the provisions of Part 1.5 (commencing with Section 17910) of this division.

(b) This part does not apply to electric, gas, or water facilities owned, operated, and maintained by a public utility.

exemptions apartment buildings hotels ...

Section § 18305

This section allows for the use of alternative building materials or construction methods not specifically mentioned in the existing regulations, as long as they are approved by the department. These alternatives must be proven to be just as good, in terms of quality and safety, as what's specified in the regulations. If there's any doubt about a material or method meeting the standards, the department can ask the owner to prove it at their own cost. The department's decisions are shared with relevant enforcement and planning agencies. Additionally, this section doesn't apply to local rules that are allowed by this part.

(a) This part is not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by this part and the rules and regulations adopted pursuant to this part, if the alternate used has been approved.

(b) The department may approve any alternate if it finds that the proposed design is satisfactory and that the material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent to that prescribed in this part and the rules and regulations adopted pursuant to this part in quality, strength, effectiveness, fire resistance, durability, safety, and for the protection of life and health.

(c) Whenever there is evidence that any material, appliance, installation, device, arrangement, or method of construction does not conform to the requirements of this part and the rules and regulations promulgated pursuant to this part, or in order to substantiate claims for alternates, the department may require proof of compliance to be made at the expense of the owner or his or her agent.

(d) The department shall notify the appropriate enforcement agency and plan checking agency of its findings.

(e) This section is not applicable to local regulations authorized by this part.

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Section § 18306

This law section explains that the department is responsible for evaluating how cities and counties enforce certain regulations. To do this, the department is allowed to look at local enforcement agencies’ records and request reports. If copies of these records are needed, the department will cover duplication costs. Additionally, the department can conduct investigations to make sure the regulations are being properly enforced.

(a) The department shall evaluate the enforcement of this part and regulations adopted pursuant to this part by each city, county, or city and county which has assumed responsibility for enforcement.

(b) In performing this evaluation, the department shall have the following authority:

(1) To examine the records of local enforcement agencies and to secure from them reports and copies of their records at any time. However, if the department requires duplication of these records, it shall pay for the costs of duplication.

(2) To carry out any investigations it deems necessary to ensure enforcement of this part and the regulations adopted pursuant thereto.

local enforcement evaluation cities and counties enforcement department authority ...

Section § 18307

This law allows the department to hand over its enforcement responsibilities to local building or health departments when a disaster occurs and the governor has declared it. The authority can only be given if it's needed for quick recovery, the local department requests it, and they have the necessary skills. This handover can only last up to 60 days, and it may be limited to specific areas or parks. Local departments can charge fees but can't exceed the department's schedule of fees. The state may reimburse local departments if funds are available, but only if funds were specifically allocated for that purpose.

(a) The department may delegate all or any portion of the authority to enforce this part and the regulations adopted pursuant to this part, or to enforce specific sections of this part or those regulations, to a local building department or health department of any city, county, or city and county, where the department is the enforcement agency, if all of the following conditions exist:

(1) The delegation of authority is necessary to provide prompt and effective recovery assistance or services during or immediately following a disaster declared by the Governor.

(2) The local building department or health department requests the authority and that request is approved by the governing body having jurisdiction over the local building department or health department.

(3) The department has determined that the local building department or health department possesses the knowledge and expertise necessary to administer the delegated responsibilities.

(b) The delegation of authority shall be limited to the time established by the department as necessary to adequately respond to the disaster, or the time period determined by the department, but in no case shall the period exceed 60 days. The delegation of authority may be limited to specific geographic areas or specific mobilehome parks or recreational vehicle parks at the sole discretion of the department.

(c) Local building departments and health departments acting pursuant to subdivision (a) may charge fees for services rendered, not to exceed the department’s approved schedule of fees associated with the services provided. The department may also reimburse these local departments if funds are received for the activities undertaken pursuant to subdivision (a), but no obligation for reimbursement by the department shall accrue unless funds are allocated to the department for this purpose.

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