BILL NUMBER: SB 398 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY AUGUST 24, 2009
AMENDED IN ASSEMBLY AUGUST 20, 2009
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, 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 or other entity that has been delegated
fire code enforcement by the city, county, or city and county that is
the enforcement agency, and the special district or entity is
enforcing a fire prevention code in accordance with 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.
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 or other entity, organized solely to
provide fire protection services and monitored and funded by a county
or other public entity, which meets both of the following
requirements:
(A) Has been delegated fire code enforcement by a city, county, or
city and county that is the enforcement agency.
(B) 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; combustible brush and
vegetation on a lot or common area that represents an imminent fire
hazard; debris abatement; combustible storage abatement, including
flammable liquid storage; hazardous material storage and use; open
flame or open burning; 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.