BILL NUMBER: SB 398 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2009
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.
(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. 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.
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 require
the department, to the 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
This 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 ,
or special district that has assumed fire code enforcement in
accordance with existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . 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 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 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) Before assuming fire code enforcement in accordance with this
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 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 city and county, or special district
that has assumed fire code enforcement 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 other state fire prevention
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.