BILL NUMBER: SB 398	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Correa

                        FEBRUARY 26, 2009

   An act to amend Section 18691  of   of, and
to add Section 18308 to, the Health and Safety Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 398, as amended, Correa. Mobilehome parks: fire code
enforcement. 
   Existing law 
    The Mobilehome Parks Act authorizes the governing body of a
city, county, or city and county to assume responsibility for the
enforcement of the act and the regulations adopted pursuant to the
act, and other specified provisions of law and the regulations
adopted pursuant to those provisions, upon the governing body's
provision of 30 days' notice to the Department of Housing and
Community Development. The act also authorizes a city, county, or
city and county to cancel its assumption of responsibility for the
enforcement of the act and the regulations adopted pursuant to the
act, and other specified provisions of law and the regulations
adopted pursuant to those provisions, upon the city, county, city and
  county's provision of written notice to the department.
The act  , notwithstanding specified provisions  of law
 , authorizes a city, county, city and county, or special
district that is not the enforcement agency under the 
Mobilehome Parks Act   act  to enforce its fire
prevention code  , as it relates to specified subjects,  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 
 department  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.
 
   This bill would require enforcement agencies responsible for the
enforcement of the act and the regulations adopted pursuant to the
act to maintain all records on file of mobilehome park inspections
conducted since January 1, 1991. The bill would also require the
department, to the maximum extent feasible, to make all records
available pursuant to the act accessible on the department's Internet
Web site by no later than July 1, 2012. The bill would also delete
the authorization of a city, county, city and county, or special
district that is not the enforcement agency under the act to enforce
its fire prevention code in mobilehome parks. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 18308 is added to the 
 Health and Safety Code   , to read:  
   18308.  (a) Enforcement agencies responsible for the enforcement
of this part and the regulations adopted pursuant to this part shall
maintain all records on file of mobilehome park inspections conducted
since January 1, 1991.
   (b) The department shall, to the maximum extent feasible, make all
records available pursuant to this part accessible on the department'
s Internet Web site by no later than July 1, 2012. 
   SECTION 1.   SEC. 2.   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,

    (d)     Before assuming fire code
enforcement in accordance with this section, a city,  county,
city and county, or special district shall give the department a
 90-day   30-day  written notice. A city,
county, city and county, or special district that enforces its fire
prevention code pursuant to this  subdivision  
section  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.