Amended in Assembly June 26, 2013

Amended in Senate May 7, 2013

Amended in Senate April 22, 2013

Amended in Senate April 8, 2013

Senate BillNo. 488


Introduced by Senator Hueso

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(Coauthor: Assembly Member Quirk-Silva)

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February 21, 2013


An act to amend Sections 17920.3 and 17961 of the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

SB 488, as amended, Hueso. Substandard housing: regulations.

(1) Existing law specifies that any building, including any dwelling unit, shall be deemed to be a substandard building when a health officer determines that, among other things, an infestation of insects, vermin, or rodents exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants, or there is a lack of adequate garbage and rubbish storage and removal facilities.

This bill would, if an agreement does not exist with an agency that has a health officer, authorize a code enforcement officer,begin insert uponend insert successfulbegin delete uponend delete completion of a course of study in the appropriate subject matter as determined by the local jurisdiction, to determine whether an infestation exists or whether there is a lack of adequate garbage and rubbish removal facilities.

(2) Existing law provides that the housing or building department of every city, county, or city and county is required to enforce within its jurisdiction all of the State Housing Law. Existing law further provides that the health department of every city, county, or city and county, or any environmental agency or local building department, may enforce regulations related to lead hazards, as specified, and is required to coordinate enforcement activities with other interested departments and agencies in order to avoid unnecessary duplication.

This bill would specify that a local housing department is authorized to enforce regulations related to lead hazards.

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.  

The Legislature finds and declares all of the
2following:

3(a) Exposure to pests, such as arthropods and rodents, in one’s
4home has clear health impacts. Cockroaches are known to produce
5allergens that trigger asthma, especially in children. A study
6conducted by the National Institutes of Health found that cockroach
7allergens are the primary contributor to childhood asthma in
8inner-city homes. Mouse and rat allergen sensitization and exposure
9also contribute to asthma exacerbations. Rats and mice are the
10source of several infections in humans, including, but not limited
11to, hantavirus pulmonary syndrome, murine typhus, leptospirosis,
12and lymphocytic choriomeningitis. Bed bug bites can cause itching
13and become infected, and bed bug infestations have been linked
14to severe mental stress.

15(b) Inadequate garbage and rubbish storage and removal
16facilities can be a contributing factor to infestations of pests and
17vermin as they provide harborage.

18(c) State law limits the enforcement authority for pest
19infestations and inadequate garbage and rubbish storage and
20removal facilities to county health officers. Cities lacking an
21agreement or the resources needed to contract with a county for
22the services of the county health officer are left without any
23authority to address these substandard housing conditions. Local
24code enforcement officers could make these determinations.

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25(d) Owners shall not be cited by both a local code enforcement
26officer and a health officer for the same violation of regulations
27regarding infestations of pests and inadequate garbage storage
28and removal.

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SEC. 2.  

Section 17920.3 of the Health and Safety Code is
2amended to read:

3

17920.3.  

Any building or portion thereof including any
4dwelling unit, guestroom or suite of rooms, or the premises on
5which the same is located, in which there exists any of the
6following listed conditions to an extent that endangers the life,
7limb, health, property, safety, or welfare of the public or the
8occupants thereof shall be deemed and hereby is declared to be a
9substandard building:

10(a) Inadequate sanitation shall include, but not be limited to,
11the following:

12(1) Lack of, or improper water closet, lavatory, or bathtub or
13shower in a dwelling unit.

14(2) Lack of, or improper water closets, lavatories, and bathtubs
15 or showers per number of guests in a hotel.

16(3) Lack of, or improper kitchen sink.

17(4) Lack of hot and cold running water to plumbing fixtures in
18a hotel.

19(5) Lack of hot and cold running water to plumbing fixtures in
20a dwelling unit.

21(6) Lack of adequate heating.

22(7) Lack of, or improper operation of required ventilating
23equipment.

24(8) Lack of minimum amounts of natural light and ventilation
25required by this code.

26(9) Room and space dimensions less than required by this code.

27(10) Lack of required electrical lighting.

28(11) Dampness of habitable rooms.

29(12) Infestation of insects, vermin, or rodents as determined by
30a health officer or, if an agreement does not exist with an agency
31that has a health officer, the infestation can be determined by a
32 code enforcement officer, as defined in Section 829.5 of the Penal
33Code, upon successful completion of a course of study in the
34appropriate subject matter as determined by the local jurisdiction.

35(13) General dilapidation or improper maintenance.

36(14) Lack of connection to required sewage disposal system.

37(15) Lack of adequate garbage and rubbish storage and removal
38facilities, as determined by a health officer or, if an agreement
39does not exist with an agency that has a health officer, the lack of
40adequate garbage and rubbish removal facilities can be determined
P4    1by a code enforcement officer as defined in Section 829.5 of the
2Penal Code.

3(b) Structural hazards shall include, but not be limited to, the
4following:

5(1) Deteriorated or inadequate foundations.

6(2) Defective or deteriorated flooring or floor supports.

7(3) Flooring or floor supports of insufficient size to carry
8imposed loads with safety.

9(4) Members of walls, partitions, or other vertical supports that
10split, lean, list, or buckle due to defective material or deterioration.

11(5) Members of walls, partitions, or other vertical supports that
12are of insufficient size to carry imposed loads with safety.

13(6) Members of ceilings, roofs, ceiling and roof supports, or
14other horizontal members which sag, split, or buckle due to
15defective material or deterioration.

16(7) Members of ceilings, roofs, ceiling and roof supports, or
17other horizontal members that are of insufficient size to carry
18imposed loads with safety.

19(8) Fireplaces or chimneys which list, bulge, or settle due to
20defective material or deterioration.

21(9) Fireplaces or chimneys which are of insufficient size or
22strength to carry imposed loads with safety.

23(c) Any nuisance.

24(d) All wiring, except that which conformed with all applicable
25 laws in effect at the time of installation if it is currently in good
26and safe condition and working properly.

27(e) All plumbing, except plumbing that conformed with all
28applicable laws in effect at the time of installation and has been
29maintained in good condition, or that may not have conformed
30with all applicable laws in effect at the time of installation but is
31currently in good and safe condition and working properly, and
32that is free of cross connections and siphonage between fixtures.

33(f) All mechanical equipment, including vents, except equipment
34that conformed with all applicable laws in effect at the time of
35installation and that has been maintained in good and safe
36condition, or that may not have conformed with all applicable laws
37in effect at the time of installation but is currently in good and safe
38condition and working properly.

39(g) Faulty weather protection, which shall include, but not be
40limited to, the following:

P5    1(1) Deteriorated, crumbling, or loose plaster.

2(2) Deteriorated or ineffective waterproofing of exterior walls,
3roofs, foundations, or floors, including broken windows or doors.

4(3) Defective or lack of weather protection for exterior wall
5coverings, including lack of paint, or weathering due to lack of
6paint or other approved protective covering.

7(4) Broken, rotted, split, or buckled exterior wall coverings or
8roof coverings.

9(h) Any building or portion thereof, device, apparatus,
10equipment, combustible waste, or vegetation that, in the opinion
11of the chief of the fire department or his deputy, is in such a
12condition as to cause a fire or explosion or provide a ready fuel to
13augment the spread and intensity of fire or explosion arising from
14any cause.

15(i) All materials of construction, except those that are
16specifically allowed or approved by this code, and that have been
17adequately maintained in good and safe condition.

18(j) Those premises on which an accumulation of weeds,
19vegetation, junk, dead organic matter, debris, garbage, offal, rodent
20harborages, stagnant water, combustible materials, and similar
21materials or conditions constitute fire, health, or safety hazards.

22(k) Any building or portion thereof that is determined to be an
23unsafe building due to inadequate maintenance, in accordance with
24the latest edition of the Uniform Building Code.

25(l) All buildings or portions thereof not provided with adequate
26exit facilities as required by this code, except those buildings or
27portions thereof whose exit facilities conformed with all applicable
28laws at the time of their construction and that have been adequately
29maintained and increased in relation to any increase in occupant
30load, alteration or addition, or any change in occupancy.

31When an unsafe condition exists through lack of, or improper
32location of, exits, additional exits may be required to be installed.

33(m) All buildings or portions thereof that are not provided with
34the fire-resistive construction or fire-extinguishing systems or
35equipment required by this code, except those buildings or portions
36thereof that conformed with all applicable laws at the time of their
37construction and whose fire-resistive integrity and
38fire-extinguishing systems or equipment have been adequately
39maintained and improved in relation to any increase in occupant
40load, alteration or addition, or any change in occupancy.

P6    1(n) All buildings or portions thereof occupied for living,
2sleeping, cooking, or dining purposes that were not designed or
3intended to be used for those occupancies.

4(o) Inadequate structural resistance to horizontal forces.

5“Substandard building” includes a building not in compliance
6with Section 13143.2.

7However, a condition that would require displacement of sound
8walls or ceilings to meet height, length, or width requirements for
9ceilings, rooms, and dwelling units shall not by itself be considered
10sufficient existence of dangerous conditions making a building a
11substandard building, unless the building was constructed, altered,
12or converted in violation of those requirements in effect at the time
13of construction, alteration, or conversion.

14

SEC. 3.  

Section 17961 of the Health and Safety Code is
15amended to read:

16

17961.  

(a) The housing or building department or, if there is
17no building department acting pursuant to this section, the health
18department of every city, county, or city and county, or any
19environmental agency authorized pursuant to Section 101275, shall
20enforce within its jurisdiction all of this part, the building standards
21published in the State Building Standards Code, and the other rules
22and regulations adopted pursuant to this part pertaining to the
23maintenance, sanitation, ventilation, use, or occupancy of apartment
24houses, hotels, or dwellings. The health department or the
25environmental agency may, in conjunction with a local housing
26or building department acting pursuant to this section, enforce
27within its jurisdiction all of this part, the building standards
28published in the State Building Standards Code, and the other rules
29and regulations adopted pursuant to this part pertaining to the
30maintenance, sanitation, ventilation, use, or occupancy of apartment
31houses, hotels, or dwellings. Each department and agency, as
32applicable, shall coordinate enforcement activities with each other
33and interested departments and agencies in order to avoid
34unnecessary duplication.

35(b) Notwithstanding subdivision (a), the health department of
36every city, county, or city and county, or any environmental agency
37authorized pursuant to Section 101275 may, in addition to the local
38building or housing department, if any, enforce within its
39jurisdiction the provisions of Section 17920.10 and shall coordinate
P7    1enforcement activities with other interested departments and
2agencies in order to avoid unnecessary duplication.

3(c) The State Department of Public Health may enforce Section
417920.10 if any local agency or department specified in
5subdivisions (a) and (b) enters into a written agreement, approved
6and published pursuant to local government procedures, with the
7State Department of Public Health to enforce that section, or
8provides the State Department of Public Health with a written
9request to enforce that section for a specific case following the
10identification of a lead poisoned child in that jurisdiction.



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