BILL NUMBER: SB 398	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Correa

                        FEBRUARY 26, 2009

   An act to amend Section 18691 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.
   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 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 a 30-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 
inspection  records available pursuant to the act  and 
 specified records and reports relating to fire hydrants 
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: 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  
inspection records available pursuant to subdivision (a) and records
and reports relating to fire hydrants required by subdivision (a) of
Section 18691  accessible on the department's Internet Web site
by no later than July 1, 2012.
  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) Before assuming fire code enforcement in accordance with this
section, a city, county, city and county, or special district shall
give the department a 30-day written notice. A city, county, city and
county, or special district that enforces its fire prevention code
pursuant to this 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. 

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