BILL NUMBER: SB 398 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2009
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 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 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
Existing law requires that regulations adopted by the
department Department of Housing and
Community Development governing conditions relating to the prevention
of fire or for the protection of life and property against fire in
parks be applicable in all parks, except in a park within a
city, county, or city and county that is the
an enforcement agency , as defined, 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. Existing law authorizes, notwithstanding these
provisions, a city, county, city and county, or special district to
enforce its fire prevention code in mobilehome parks relating to
specified fire prevention code subject areas.
This bill would also exempt from department regulations a
park within a special district that has been delegated fire code
enforcement by the city, county, or city and county that has assumed
fire code enforcement in accordance with this part. The bill would
make specified additions to the subject areas in which a city,
county, city and county, or special district that is not
the enforcement agency may enforce its fire prevention code in
mobilehome parks. 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, city and county,
or special district that has assumed fire code enforcement in
accordance with existing law.
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) 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, 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 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.
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
either of the following areas:
(1) 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.
(2) A special district that has been delegated fire code
enforcement by the city, county, or city and county that has assumed
fire code enforcement in accordance with this part.
(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, including brush and
combustible vegetation clearance, debris abatement,
combustible storage abatement, including flammable
liquid storage, hazardous material storage and use, open flame or
open burning, park community clubhouse, or recreation hall fire
safety, 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
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.