BILL NUMBER: SB 23 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2009
INTRODUCED BY Senator Padilla
DECEMBER 1, 2008
An act to add Section 18029.7 to the Health and Safety
Code, relating An act to amend Sections 18603 and
18871.8 of the Health and Safety Code, relating to manufactured
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 23, as amended, Padilla. Manufactured housing:
emergency and fire safety plan. emergency preparedness
plans.
(1) Existing law, the Mobilehome Parks Act, requires the
Department of Housing and Community Development to enact and enforce
rules and regulations to protect public health and safety in
mobilehome parks. The act authorizes park management to adopt an
emergency preparedness plan that includes specified procedures and
plans. Under the act, a knowing violation of the act is punishable as
a misdemeanor offense.
The Special Occupancy and Parks Act requires the department to
adopt regulations to govern the use and occupancy of manufactured
homes, mobilehomes, and recreational vehicles located in special
occupancy parks. Under the act, a knowing violation of the act is
punishable as a misdemeanor offense and any person who willfully
violates the act is liable for a civil penalty.
This bill would amend both the Mobilehome Parks Act and the
Special Occupancy and Parks Act to require an owner or operator of a
park or a special occupancy park to adopt an emergency preparedness
plan on or after September 1, 2010. The bill would require park
management to post the plan, as specified, and to provide information
relating to accessing individual emergency preparedness information.
The bill would require an enforcement agency to determine park
compliance with these provisions if certain conditions have been met.
The bill would provide that a violation of this section constitutes
an unreasonable risk to life, health, or safety and would require
correction by park management within 60 days of notice of the
violation.
(1) The Mobilehomes-Manufactured Housing Act of 1980 authorizes
the Department of Housing and Community Development to adopt rules
and regulations governing conditions relating to the prevention of
fire or for the protection of life and property against fire in
manufactured homes and mobilehomes. Under existing law, a knowing
violation of the act is punishable as a misdemeanor offense.
This bill would require, on or after January 1, 2010, an operator
of a mobilehome park or manufactured housing community to develop and
implement an emergency and fire safety plan and appropriate
emergency services training for park or community managers and onsite
staff. The bill would require the operator to distribute and post
the plan in a conspicuous area accessible to all residents. The bill
would specify that these provisions do not prohibit a city, county,
or city and county from enacting an ordinance or policy to adopt more
stringent standards to ensure fire prevention and public safety.
By creating a new crime or expanding an existing crime, this bill
would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that an owner or operator of a mobilehome park or manufactured home
community communicate to residents essential evacuation routes and
basic emergency preparedness information in a manner appropriate to
the community. It is not the intent of the Legislature that an owner
or operator be responsible for physically evacuating residents from
their homes during an emergency. It is further the intent that
residents take personal responsibility for themselves during an
emergency.
SEC. 2. Section 18603 of the Health and
Safety Code is amended to read:
18603. (a) In every park, there shall be a person available by
telephonic or like means, including telephones, cellular phones,
telephone answering machines, answering services or pagers, or in
person who shall be responsible for, and who shall reasonably respond
in a timely manner to emergencies concerning, the operation and
maintenance of the park. In every park with 50 or more units, that
person or his or her designee shall reside in the park and
shall , have knowledge of emergency procedures
relative to utility systems and common facilities under the ownership
and control of the owner of the park , and shall be
familiar with the emergency preparedness plans for the park .
(b) In every park, park management may On
or after September 1, 2010, an owner or operator of a park shall
adopt an emergency preparedness plan which shall include, but
not be limited to, procedures and plans approved by the Standardized
Emergency Management System Advisory Board on November 21, 1997,
entitled "Emergency Plans for Mobilehome Parks," and compiled by the
Office of Emergency Services in compliance with Governor's Executive
Order W-156-97 , or any subsequent version . This
section shall not preclude the owner or operator from ad
apting an existing emergency preparedness plan to ensure that it is
appropriate for the community.
(c) Park management shall do all of the following:
(1) Post the emergency preparedness plan in the park clubhouse or
in another conspicuous area within the mobilehome park.
(2) Provide to each resident instructions on how to access and
review the plan.
(3) On or after September 1, 2010, provide notice of the plan's
accessibility and information on accessing individual emergency
preparedness information from the appropriate state or local
agencies, including, but not limited to, the California Emergency
Management Agency, to all existing residents and, upon approval of
tenancy, for all new residents thereafter. This may be accomplished
in a manner that includes, but is not limited to, distribution of
materials and posting the plan or information on how to access the
plan via the Internet.
(d) An enforcement agency shall determine whether park management
is in compliance with this section. The agency may ascertain
compliance by receipt of a copy of the plan, a photograph of the
posted plan, during site inspections conducted in response to
complaints of alleged violations, or for any other reason.
(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life,
health, or safety and shall be corrected by park management within 60
days of notice of the violation.
SEC. 3. Section 18871.8 of the Health
and Safety Code is amended to read:
18871.8. (a) In every park, there shall be a person
available to receive by telephonic or like means, including
telephones, cellular telephones, telephone answering machines,
answering services or pagers, or in person who shall be responsible
for, and who shall reasonably respond in a timely manner to
emergencies concerning the operation and maintenance of the park. In
every park with 50 or more units, that person or his or her designee
shall reside in the park and shall have knowledge of emergency
procedures relative to utility systems and common facilities under
the ownership and control of the owner of the park and be
familiar with the emergency preparedness plans for the park .
(b) On or after September 1, 2010, an owner or operator of a park
shall adopt an emergency preparedness plan which shall include, but
not be limited to, procedures and plans approved by the Standardized
Emergency Management System Advisory Board on November 21, 1997,
entitled "Emergency Plans for Mobilehome Parks," and compiled by the
Office of Emergency Services in compliance with Governor's Executive
Order W-156-97, or any subsequent version. This section shall not
preclude the owner or operator from adapting an existing emergency
preparedness plan to ensure that it is appropriate for the community.
(c) Park management shall do all of the following:
(1) Post the emergency preparedness plan in the park clubhouse or
in another conspicuous area within the mobilehome park.
(2) Provide to each resident instructions on how to access and
review the plan.
(3) On or after September 1, 2010, provide notice of the plan's
accessibility and information on accessing individual emergency
preparedness information from the appropriate state or local
agencies, including, but not limited to, the California Emergency
Management Agency, to all existing residents and, upon approval of
tenancy, for all new residents thereafter. This may be accomplished
in a manner that includes, but is not limited to, distribution of
materials and posting the plan or information on how to access the
plan via the Internet.
(d) An enforcement agency shall determine whether park management
is in compliance with this section. The agency may ascertain
compliance by receipt of a copy of the plan, a photograph of the
posted plan, during site inspections conducted in response to
complaints of alleged violations, or for any other reason.
(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life,
health, or safety and shall be corrected by park management within 60
days of notice of the violation.
SECTION 1. Section 18029.7 is added to the
Health and Safety Code, to read:
18029.7. (a) On or after January 1, 2010, an operator of a
mobilehome park or manufactured housing community shall develop and
implement an emergency and fire safety plan and appropriate emergency
services training for park or community managers and onsite staff.
The plan shall include procedures for identifying and assisting
residents with disabilities and other health problems.
(b) The plan required by subdivision (a) shall be designed in
accordance with requirements determined by the State Fire Marshal and
the Office of Emergency Services.
(c) Each operator shall post the plan in a conspicuous area
accessible to all residents and distribute a copy of the plan to each
resident upon approval of tenancy and annually thereafter.
(d) Nothing in this section shall prohibit a city, county, or city
and county from enacting an ordinance, regulation, or policy to
adopt more stringent standards to ensure fire prevention and public
safety.
SEC. 2. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.