BILL ANALYSIS
SB 23
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 23 (Padilla) - As Amended: June 29, 2009
SENATE VOTE : 36-0
SUBJECT : Manufactured housing: emergency preparedness plans.
SUMMARY : Requires the owner or operator of a mobilehome park
or a special occupancy park to adopt and post an emergency
preparedness plan. Specifically, this bill :
1)Requires that on or before September 1, 2010, every owner or
operator of a mobilehome park or a special occupancy park
adopt an emergency preparedness plan by doing one of the
following:
a) Adopting the emergency procedures and plans approved by
the Standardized Emergency Management System Advisory Board
entitled "Emergency Plans for Mobilehome Parks" and
compiled by the former Office of Emergency Services; or
b) Adopting a plan that is developed by the park management
and is comparable to the procedures and plans specified
above.
2)Requires the owner or operator of a park constructed after
September 10, 2010, to adopt an emergency preparedness plan
prior to the issuance of the permit to operate.
3)Requires the owner or operator of a park to do both of the
following:
a) Post notice of the plan in the park clubhouse or another
conspicuous area within the park; and
b) Provide notice to existing park residents on or before
September 10, 2010, and thereafter provide notice to new
residents when they are approved for tenancy, on how to
access the plan as well as individual emergency
preparedness information from the appropriate state or
local agencies, including the California Emergency
Management Agency.
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4)Requires in parks with 50 more units that the park's
designated emergency contact person be familiar with any
emergency preparedness plans for the park.
5)Permits the enforcement agency to determine whether park
management has complied with the bill's requirements by
various means, including receipt of a copy of the plan, a
photograph of the posted plan, and site inspections conducted
in response to complaints of alleged violations, or for any
other reason.
6)Deems a violation of these rules to be an unreasonable risk to
life, health, or safety.
7)Requires park management to correct a violation within 60 days
of receiving notice from the enforcement agency.
8)Declares the Legislature's intent that a mobilehome park owner
or operator communicate to residents essential information
about evacuation routes and emergency preparedness but states
that it is not the intent of the Legislature that a park owner
or operator be responsible for evacuating residents from their
homes during an emergency.
EXISTING LAW
1)Under the Mobilehome Parks Act and the Special Occupancy Parks
Act, authorizes the Department of Housing and Community
Development to regulate mobilehome parks to assure protection
of the health, safety, and general welfare of all park
residents (Health and Safety Code 18200, et seq. and Health
and Safety Code 18860, et seq.)
2)Permits, but does not require, a mobilehome park owner or
operator to adopt a park emergency preparedness plan (Health
and Safety Code 18603).
3)Specifies that if a mobilehome park owner or operator does
adopt an emergency preparedness plan, that plan must include
procedures and plans approved by the Standardized Emergency
Management System Advisory Board entitled "Emergency Plans for
Mobilehome Parks" and compiled by the Office of Emergency
Services (Health and Safety Code 18603).
4)Requires that every mobilehome park and special occupancy park
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have a person available in person or by telephone, cellular
phone, or similar means who shall be responsible for and who
shall reasonably respond in a timely manner to emergencies
concerning the operation and maintenance of the park (Health
and Safety Code 18603 and Health and Safety Code 18871.8).
5)Requires in parks of 50 or more units that the emergency
contact person reside in the park and have knowledge of the
emergency procedures relative to utility systems and common
facilities under the ownership and control of the owner of the
park (Health and Safety Code 18603 Health and Safety Code
18871.8).
FISCAL EFFECT : None
COMMENTS :
Background:
Under the Mobilehome Parks Act (MPA) and the Special Occupancy
Parks Act, the Department of Housing and Community Development
(HCD) regulates mobilehome parks and recreational vehicle (RV)
parks to assure protection of the health, safety, and general
welfare of all park residents. HCD has adopted statewide
regulations to enforce the acts' provisions. Local agencies
have the option of assuming enforcement authority for the MPA
within their jurisdictions through agreement with HCD.
Enforcement agencies inspect those parks that have a history of
health and safety code violations or about which the agency
receives a complaint regarding a potential health or safety code
violation.
Existing law permits, but does not require, mobilehome park
management to adopt an emergency preparedness plan for the park.
This bill requires an emergency preparedness plan for all
mobilehome parks and RV parks, and requires that residents be
informed of how to access the plan and how to access other
resources related to emergency preparedness.
Existing law also requires that in every mobilehome park and RV
park a person be available in person or by telephone or similar
means to respond in a timely manner to emergencies concerning
the operation or maintenance of the park. In parks of 50 or
more units, this person or his or her designee must live in the
park and have knowledge of the emergency procedures of the
park's utility systems and common facilities. This bill
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additionally requires this person to be familiar with the park's
emergency preparedness plans.
In October 2008, the Marek Fire near Lake View Terrace
tragically claimed the life of a homeless man and his dog,
burned over 18,000 acres, and destroyed 49 structures.
Thirty-eight of those structures were mobile homes at the Sky
Terrace Mobile Lodge. On November 15, 2008, the Sayre Fire
devastated the Oakridge Mobile Home Park in Sylmar, destroying
more than 500 homes and scorching over 10,000 acres in the local
foothills. During the fire at the Oakridge Mobile Home Park,
police officers thought they had successfully evacuated the park
only to learn from a local nurse that a number of seniors with
health issues were still in their mobilehomes. The seniors were
ultimately saved as fire overtook the park.
Both of these fires occurred in the author's district. The
author is a member of the Senate Select Committee on
Manufactured Housing and Communities, which in February held a
hearing about what these two fires showed about fire safety and
code enforcement in mobilehome parks. Based on what the
committee learned, the author introduced this bill to ensure
that all mobilehome park residents, especially senior residents
and residents with disabilities and health problems, can be
identified and evacuated in a safe and timely manner in the
event of an emergency.
The bill's sponsor, the California State Firefighters
Association, notes that "a comprehensive emergency and fire
preparedness plan?will help ensure fire prevention and promote
public awareness and safety. In addition, posting the emergency
plan in a conspicuous area that is accessible to all residents
and visitors will allow them to view and study the plan at all
times and will provide them with the appropriate steps and
procedures necessary to ensure their own safety and well-being
in the case of an emergency."
Proposed amendment :
The bill specifies that the enforcement agency can determine
whether park management has complied with the bill's
requirements by receipt of a copy of the plan or "a photograph
of the posted plan," among other things. However, there is no
requirement in the bill for park owners to post the plan, just
notice of the plan. In addition, it is unclear why a photograph
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would be necessary if park owners are already sending in a copy
of the plan itself. The committee may wish to consider the
following amendments:
1)On page 3, line 40, delete "a photograph" and on page 4, line
1 delete "of the posted plan"
2)On page 5, line 15, delete "a photograph" and on line 16
delete "of the posted plan"
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters Association (sponsor)
American Red Cross
AARP
AFSCME
California Commission on Aging
California Fire Chiefs Association
California Fire Safe Council
California Professional Firefighters
California Rural Legal Assistance Foundation
City of Los Angeles
City of Menifee
Congress of California Seniors
County of Los Angeles
Golden State Manufactured-Home Owners League
League of California Cities
Western Center on Law and Poverty
Western Manufactured Housing Communities Association
Opposition
None on file
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085