BILL NUMBER: SB 398 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2009
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
(1) The Mobilehome Parks Act
authorizes the governing body of a city, county, or city and county
, following approval by the Department of Housing and Community
Development, 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, also
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 extent funding is available , 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 , as it relates to
those specified subjects, in mobilehome parks.
(2) Existing law requires that regulations adopted by the
department 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
building standards published in the California Building Standards
Code and other state regulations.
This bill would delete from the exception the requirement that the
city, county, or city and county be the enforcement agency and
instead require, in addition to other criterion, that the park be
within a city, county, or city and county that has assumed fire code
enforcement in accordance with existing law.
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
to the extent funding is available , make all
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 part , 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 in accordance with this part 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.
(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) in accordance with this part and
has adopted 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.
(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.