Amended in Senate June 12, 2013

Amended in Senate May 28, 2013

Amended in Assembly March 13, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 379


Introduced by Assembly Member Brown

February 14, 2013


An act to amend Section 18551 of the Health and Safety Code, relating to manufactured housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 379, as amended, Brown. Manufactured housing: removal.

Existing law requires the installation of a manufactured home, mobilehome, or commercial modular as a fixture or improvement to real property to comply with specified provisions. Existing law requires an enforcement agency to record with the county recorder of the county where real property is situated, on the same day that the certificate of occupancy for a manufactured home, mobilehome, or commercial modular is issued by the appropriate enforcement agency, that the real property has been installed upon, a document naming the owner of the real property, describing the real property with certainty, and stating that a manufactured home, mobilehome, or commercial modular has been affixed to the real property by installation on a foundation system, as specified.

This bill would instead require that recordation to occur within 5 business days of the issuance of the certificate of occupancy.

Existing law provides that once installed on a foundation system in compliance with these provisions, a manufactured home, mobilehome, or commercial modular shall be deemed a fixture and a real property improvement to the real property to which it is affixed and physical removal of the manufactured home, mobilehome, or commercial modular shall thereafter be prohibited without the consent of all persons or entities who, at the time of removal, have title to any estate or interest in the real property to which it is affixed.

The bill would also make other technical, nonsubstantive, and clarifying changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 18551 of the Health and Safety Code is
2amended to read:

3

18551.  

The department shall establish regulations for
4manufactured home, mobilehome, and commercial modular
5foundation systems that shall be applicable throughout the state.
6When established, these regulations supersede any ordinance
7enacted by any city, county, or city and county applicable to
8manufactured home, mobilehome, and commercial modular
9foundation systems. The department may approve alternate
10foundation systems to those provided by regulation if the
11department is satisfied of equivalent performance. The department
12shall document approval of alternate systems by its stamp of
13approval on the plans and specifications for the alternate foundation
14system. A manufactured home, mobilehome, or commercial
15modular may be installed on a foundation system as either a fixture
16or improvement to the real property, in accordance with subdivision
17(a), or a manufactured home or mobilehome may be installed on
18a foundation system as a chattel, in accordance with subdivision
19(b).

20(a) Notwithstanding any other law, prior to a manufactured
21home, mobilehome, or commercial modular being deemed a fixture
22or improvement to the real property, the installation shall comply
23with all of the following:

24(1) Prior to installation of a manufactured home, mobilehome,
25or commercial modular on a foundation system, the manufactured
26home, mobilehome, or commercial modular owner or a licensed
27contractor shall obtain a building permit from the appropriate
P3    1enforcement agency. To obtain a permit, the owner or contractor
2shall provide the following:

3(A) Written evidence acceptable to the enforcement agency that
4the manufactured home, mobilehome, or commercial modular
5owner owns, holds title to, or is purchasing the real property where
6the mobilehome is to be installed on a foundation system. A lease
7held by the manufactured home, mobilehome, or commercial
8modular owner, that is transferable, for the exclusive use of the
9real property where the manufactured home, mobilehome, or
10commercial modular is to be installed, shall be deemed to comply
11with this paragraph if the lease is for a term of 35 years or more,
12or if less than 35 years, for a term mutually agreed upon by the
13lessor and lessee, and the term of the lease is not revocable at the
14discretion of the lessor except for cause, as described in
15subdivisions 2 to 5, inclusive, of Section 1161 of the Code of Civil
16Procedure.

17(B) Written evidence acceptable to the enforcement agency that
18the registered owner owns the manufactured home, mobilehome,
19or commercial modular free of any liens or encumbrances or, in
20the event that the legal owner is not the registered owner, or liens
21and encumbrances exist on the manufactured home, mobilehome,
22or commercial modular, written evidence provided by the legal
23owner and any lienors or encumbrancers that the legal owner,
24lienor, or encumbrancer consents to the attachment of the
25manufactured home, mobilehome, or commercial modular upon
26the discharge of any personal lien, that may be conditioned upon
27the satisfaction by the registered owner of the obligation secured
28by the lien.

29(C) Plans and specifications required by department regulations
30or a department-approved alternate for the manufactured home,
31mobilehome, or commercial modular foundation system.

32(D) The manufactured home, mobilehome, or commercial
33modular manufacturer’s installation instructions, or plans and
34specifications signed by a California-licensed architect or engineer
35covering the installation of an individual manufactured home,
36mobilehome, or commercial modular in the absence of the
37manufactured home, mobilehome, or commercial modular
38manufacturer’s instructions.

39(E) Building permit fees established by ordinance or regulation
40of the appropriate enforcement agency.

P4    1(F) A fee payable to the department in the amount of eleven
2dollars ($11) for each transportable section of the manufactured
3home, mobilehome, or commercial modular, that shall be
4transmitted to the department at the time the certificate of
5occupancy is issued with a copy of the building permit and any
6other information concerning the manufactured home, mobilehome,
7or commercial modular that the department may prescribe on forms
8provided by the department.

9(2) (A) Within five business days of the issuance of the
10certificate of occupancy for the manufactured home, mobilehome,
11or commercial modular by the appropriate enforcement agency,
12the enforcement agency shall recordbegin delete with the county recorder of
13the county where the real property is situated, that the manufactured
14home, mobilehome, or commercial modular has been installed
15upon, inend delete
a document naming the owner of the real property,
16describing the real property with certainty, and stating that a
17manufactured home, mobilehome, or commercial modular has
18been affixed to that real property by installation on a foundation
19system pursuant to this subdivision.begin insert The document shall be
20recorded with the county recorder of the county where the real
21property, upon which the manufactured home, mobilehome, or
22commercial modular that has been installed, is situated.end insert

23(B) When recorded, the document referred to in subparagraph
24(A) shall be indexed by the county recorder to the named owner
25and shall be deemed to give constructive notice as to its contents
26to all persons thereafter dealing with the real property.

27(C) Fees received by the department pursuant to subparagraph
28(F) of paragraph (1) shall be deposited in the
29Mobilehome-Manufactured Home Revolving Fund established
30under subdivision (a) of Section 18016.5.

31(3) The certification of title and other indicia of registration
32shall be surrendered to the department pursuant to regulations
33adopted by the department providing for the cancellation of
34registration of a manufactured home, mobilehome, or commercial
35modular that is permanently attached to the ground on a foundation
36system pursuant to subdivision (a). For the purposes of this
37subdivision, permanent affixation to a foundation system shall be
38deemed to have occurred on the day a certificate of occupancy is
39issued to the manufactured home, mobilehome, or commercial
40modular owner and the document referred to in subparagraph (A)
P5    1of paragraph (2) is recorded. Cancellation shall be effective as of
2that date and the department shall enter the cancellation on its
3records upon receipt of a copy of the certificate of occupancy. This
4subdivision shall not be construed to affect the application of
5existing laws, or the department’s regulations or procedures with
6regard to the cancellation of registration, except as to the
7requirement therefor and the effective date thereof.

8(4) Once installed on a foundation system in compliance with
9this subdivision, a manufactured home, mobilehome, or commercial
10modular shall be deemed a fixture and a real property improvement
11to the real property to which it is affixed. Physical removal of the
12manufactured home, mobilehome, or commercial modular shall
13thereafter be prohibited without the consent of all persons or
14entities who, at the time of removal, have title to any estate or
15interest in the real property to which the manufactured home,
16mobilehome, or commercial modular is affixed.

17(5) For the purposes of this subdivision:

18(A) “Physical removal” shall include, without limitation, the
19unattaching of the manufactured home, mobilehome, or commercial
20modular from the foundation system, except for temporary
21purposes of repair or improvement thereto.

22(B) Consent to removal shall not be required from the owners
23of rights-of-way or easements or the owners of subsurface rights
24or interests in or to minerals, including, but not limited to, oil, gas,
25or other hydrocarbon substances.

26(6) At least 30 days prior to a legal removal of the manufactured
27home, mobilehome, or commercial modular from the foundation
28system and transportation away from the real property to which it
29was formerly affixed, the manufactured home, mobilehome, or
30commercial modular owner shall notify the department and the
31county assessor of the intended removal of the manufactured home,
32mobilehome, or commercial modular. The department shall require
33written evidence that the necessary consents have been obtained
34pursuant to this section and shall require application for either a
35transportation permit or manufactured home, mobilehome, or
36commercial modular registration, as the department may decide
37is appropriate to the circumstances. Immediately upon removal,
38as defined in this section, the manufactured home, mobilehome,
39or commercial modular shall be deemed to have become personal
P6    1property and subject to all laws governing the same as applicable
2to a manufactured home, mobilehome, or commercial modular.

3(b) The installation of a manufactured home or a mobilehome
4on a foundation system as chattel shall be in accordance with
5Section 18613 and shall be deemed to meet or exceed the
6requirements of Section 18613.4. This subdivision shall not be
7construed to affect the application of sales and use or property
8taxes. No provisions of this subdivision are intended, nor shall
9they be construed, to affect the ownership interest of any owner
10of a manufactured home or mobilehome.

11(c) Once installed on a foundation system, a manufactured home,
12mobilehome, or commercial modular shall be subject to
13state-enforced health and safety standards for manufactured homes,
14mobilehomes, or commercial modulars enforced pursuant to
15Section 18020.

16(d) No local agency shall require that any manufactured home,
17mobilehome, or commercial modular currently on private property
18be placed on a foundation system.

19(e) No local agency shall require that any manufactured home
20or mobilehome located in a mobilehome park be placed on a
21foundation system.

22(f) No local agency shall require, as a condition for the approval
23of the conversion of a rental mobilehome park to a resident-owned
24park, including, but not limited to, a subdivision, cooperative, or
25condominium for mobilehomes, that any manufactured home or
26mobilehome located there be placed on a foundation system. This
27subdivision shall only apply to the conversion of a rental
28mobilehome park that has been operated as a rental mobilehome
29park for a minimum period of five years.



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