BILL NUMBER: SB 398	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 26, 2009

   An act to amend Section 18691 of the Health and Safety Code,
relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 398, as introduced, Correa. Mobilehome parks: fire code
enforcement.
   Existing law, notwithstanding specified provisions, authorizes a
city, county, city and county, or special district that is not the
enforcement agency under the Mobilehome Parks Act to enforce its fire
prevention code in mobilehome parks. Before assuming fire code
enforcement, a city, county, city and county, or special district is
required to give the Department of Housing and Community Development
a 30-day written notice.
   This bill would instead require the city, county, city and county,
or special district to give the department a 90-day written notice.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18691 of the Health and Safety Code is amended
to read:
   18691.  (a)  The department shall adopt rules and regulations that
it determines are reasonably consistent with generally recognized
fire protection standards, governing conditions relating to the
prevention of fire or for the protection of life and property against
fire in parks. The department shall adopt and submit building
standards for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 for the purposes described in this section within
permanent buildings. The department, in consultation with local
firefighting agencies, shall adopt and implement no later than
January 1, 2002, regulations that require regular maintenance and
periodic inspection and testing of fire hydrants in mobilehome parks.

   (b)  The regulations adopted by the department shall be applicable
in all parks, except in a park within a city, county, or city and
county that is the enforcement agency and has adopted and is
enforcing a fire prevention code imposing restrictions equal to or
greater than the restrictions imposed by those building standards
published in the California Building Standards Code and the other
state regulations adopted by the department.
   (c)  Notwithstanding the provisions of this section, the rules and
regulations adopted by the department relating to the installation
of water supply and fire hydrant systems shall not apply within parks
constructed, or approved for construction, prior to January 1, 1966.

   (d)  Notwithstanding the provisions of this section, a city,
county, city and county, or special district that is not the
enforcement agency under this part may enforce its fire prevention
code in mobilehome parks relating to fire hydrant systems, water
supply, fire equipment access, posting of fire equipment access,
parking, lot identification, weed abatement, debris abatement,
combustible storage abatement, and burglar bars. Before assuming fire
code enforcement in accordance with this subdivision, a city,
county, city and county, or special district shall give the
department a  30-day   90-day  written
notice. A city, county, city and county, or special district that
enforces its fire prevention code pursuant to this subdivision shall
apply its code provisions to conditions that arise after adoption of
its fire prevention code, to conditions not legally in existence at
the adoption of its fire prevention code, or to conditions that, in
the opinion of the fire chief, constitute a distinct hazard to life
or property.