BILL NUMBER: SB 398	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 15, 2009
	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.
   Existing law requires that regulations adopted by the 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 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
 the  other state regulations  adopted by the department
 . 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 Mobilehome Parks Act  . 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.
   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)  The regulations adopted by the department shall be applicable
in all parks, except in a park within 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   a  city, county, or
city and county that has assumed fire code enforcement in accordance
with this part  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 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, including  combustible
 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.