BILL NUMBER: AB 1064 CHAPTERED 09/22/05 CHAPTER 325 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005 APPROVED BY GOVERNOR SEPTEMBER 22, 2005 PASSED THE ASSEMBLY AUGUST 29, 2005 PASSED THE SENATE AUGUST 22, 2005 AMENDED IN SENATE JUNE 1, 2005 AMENDED IN ASSEMBLY APRIL 18, 2005 INTRODUCED BY Assembly Member Cogdill FEBRUARY 22, 2005 An act to amend and repeal Section 18552 of the Health and Safety Code, relating to mobilehome parks. LEGISLATIVE COUNSEL'S DIGEST AB 1064, Cogdill Mobilehome parks. Existing law authorizes, until January 1, 2007, a mobilehome or cabana that is installed above 5,000 feet in elevation that does not have the capacity to resist the minimum snow loads established for residential buildings by local ordinance, to be installed only in a mobilehome park that has an approved snow load maintenance program, on the condition that the installation complies with all other applicable regulations and is approved by the enforcement agency. Existing law requires a conditional permit to operate subject to the snow roof load maintenance program to be obtained from the enforcement agency. This bill would allow a manufactured home that does not have the capacity to resist the minimum snow load established for residential buildings by local ordinance to be installed above 5,000 feet in elevation if (1) it has the capacity to resist a roof live load of at least 60 pounds per square foot and the mobilehome park where it is to be installed has an approved snow load maintenance program or (2) the manufactured home is protected by a ramada designed to resist minimum snow loads established by local ordinance. The bill would allow a cabana to be installed in a mobilehome park above 5,000 feet in elevation only if it has the capacity to resist the minimum snow load requirements established by local ordinance for residential buildings. The bill would state the intent of the Legislature to require the revision of specified regulations that relate to minimum roof live load requirements for manufactured homes installed at elevations above 5,000 feet and that regulations adopted by the Department of Housing and Community Development to implement and interpret the changes enacted by this bill be deemed editorial changes pursuant to the Administrative Procedure Act if those regulations are amendments, repeals, or adoptions that are substantially the same in content as the statutory changes enacted by this act. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18552 of the Health and Safety Code, as amended by Section 3 of Chapter 622 of the Statutes of 2004, is amended to read: 18552. (a) The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, and the department shall adopt other regulations for manufactured home or mobilehome accessory buildings or structures. The regulations adopted by the department shall provide for the construction, location, and use of manufactured home or mobilehome accessory buildings or structures to protect the health and safety of the occupants and the public, and shall be enforced by the appropriate enforcement agency. (b) Notwithstanding Section 1338 of Title 25 of the California Code of Regulations, a manufactured home may be installed above 5,000 feet in elevation at the option of the owner of the home and after approval by the park operator only if the installation is consistent with one of the following: (1) If the manufactured home does not have the capacity to resist the minimum snow loads as established for residential buildings by local ordinance, the home must have the capacity to resist a roof live load of at least 60 pounds per square foot and may only be installed in a mobilehome park that has and is operating an approved snow load maintenance program. The installation shall comply with all other applicable requirements of this part and the regulations adopted pursuant to this part and shall be approved by the enforcement agency. The approval of the snow load maintenance program shall be identified on the permit to operate. (2) If the manufactured home does not have the capacity to resist the minimum snow loads established by local ordinance for residential buildings, the home may only be installed if it is protected by a ramada designed to resist the minimum snow loads established by local ordinance and constructed pursuant to this part and regulations adopted pursuant to this part. The plans and specifications for the construction of the ramada and the installation of the home shall be approved by the enforcement agency. (3) If a manufactured home has the capacity to resist the minimum snow loads established by local ordinance for residential buildings, an approved snow load maintenance program or ramada is not required for that home. (c) Before installing a manufactured home pursuant to paragraph (1) of subdivision (b), the operator of a park shall request and obtain approval from the enforcement agency of its existing or proposed snow roof load maintenance program. The enforcement agency's approval shall be based on relevant factors identified in the regulations of the department and shall include, but not be limited to, the types of maintenance to be used to control or remove snow accumulation and the capacity and capability of personnel and equipment proposed to satisfactorily perform the snow roof load program. The request for approval shall specify the type of maintenance to be used to control snow accumulation and shall demonstrate the capacity and capability of necessary personnel or its equivalent to satisfactorily perform the snow roof load maintenance program. (d) Notwithstanding Section 1433 of Title 25 of the California Code of Regulations, a cabana may be installed in a park above 5,000 feet in elevation only if it has the capacity to resist the minimum snow load requirements established by local ordinance for residential buildings. SEC. 2. Section 18552 of the Health and Safety Code, as added by Section 4 of Chapter 622 of the Statutes of 2004, is repealed. SEC. 3. (a) It is the intent of the Legislature in enacting Section 1 of this act to require the revision of changes that relate to minimum roof live load requirements for manufactured homes installed at elevations above 5,000 feet in Sections 1338 and 1433 of Title 25 of the California Code of Regulations, and for which a certificate of compliance was filed on July 7, 2004, in order to conform with this act. (b) It is the intent of the Legislature that the regulations adopted by the Department of Housing and Community Development to implement and interpret the changes enacted in Section 1 of this act be deemed to be editorial changes pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of the Government Code), if they are amendments, repeals, or adoptions that are substantially the same in content as the provisions of Section 1 of this act.