BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 398|
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THIRD READING
Bill No: SB 398
Author: Correa (D)
Amended: 5/19/09
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-2, 4/21/09
AYES: Lowenthal, DeSaulnier, Harman, Kehoe, Oropeza,
Pavley, Simitian, Wolk
NOES: Ashburn, Hollingsworth
NO VOTE RECORDED: Huff
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
SUBJECT : Mobilehome parks: fire code enforcement
SOURCE : Author
DIGEST : This bill increases local agencies authority to
enforce fire prevention standards in mobilehome parks.
ANALYSIS :
Existing law, the Mobilehome Parks Act, authorizes the
Department of Housing and Community Development (HCD) to
regulate mobilehome parks to assure protection of the
health, safety, and general welfare of all mobilehome park
CONTINUED
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residents. HCD has adopted statewide regulations to
enforce the act's provisions. Local agencies, however,
have the option of assuming enforcement authority within
their jurisdictions through agreement with HCD.
Enforcement agencies inspect those mobilehome parks that
have a history of health and safety code violations or
about which the agency receives a complaint regarding a
potential health or safety code violation.
The Mobilehome Parks Act specifically directs HCD to adopt
fire protection standards to prevent fires and to protect
life and property in mobilehome parks. HCD's fire
protection standards are applicable in all parks, except
for parks located in a jurisdiction where the local agency
is the enforcement agency for the Mobilehome Parks Act and
the local agency has adopted a fire prevention code that
imposes restrictions that are equal to or stronger than
HCD's standards.
Existing law allows a local agency that is not the
enforcement agency to enforce only specific provisions of
HCD's fire prevention code, which it enumerates to be fire
hydrant systems, water supply, fire equipment access and
posting thereof, parking, lot identification, weed, debris
and combustible material abatement, and burglar bars.
This bill:
1. Permits a local agency that is not an enforcement
agency, such as the local fire district, to assume
enforcement of all of HCD's fire standards, not just
those enumerated in existing law.
2. Deletes the requirement that a local jurisdiction be the
enforcement agency for the whole Mobilehome Parks Act in
order for the local jurisdiction to impose on and
enforce in mobilehome parks a stricter fire prevention
code than HCD's code.
Background
Local enforcement . Seventy-four local agencies currently
enforce the Mobilehome Parks Act in their jurisdictions
under agreement with HCD. Three of these are counties that
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also provide enforcement for parks in seven cities within
their respective jurisdictions. These 74 local agencies
also retain jurisdiction to enforce their own local fire
code in mobilehome parks, as long as that standard meets or
exceeds HCD's requirements. Due to the fee structure for
the park code enforcement program and the lack of revenue
it provides, local governments have been largely unable to
take on the whole park inspection program in order to
obtain greater fire code authority. SB 1627 (Dunn),
Chapter 433, Statutes of 2000, allows local enforcement of
the fire code only for park fire hydrant systems, water
supply, fire equipment access, posting of fire equipment
access, parking, lot identification, weed, debris and
combustible storage abatement, and burglar bars. To date,
eight fire agencies have assumed this limited jurisdiction
for fire safety in parks. These eight are Los Angeles
County Fire, Santa Barbara County Fire, the fire
departments in the cities of Huntington Beach, Mountain
View, Sunnyvale, and Torrance, the Burney Fire Protection
District, and the Ebbetts Pass Fire District.
In these eight jurisdictions, this creates an overlapping
approach whereby the local fire authorities and HCD have
responsibility for different aspects of fire safety.
Proponents note that this can lead to confusion. They
assert that when it comes to issues involving enforcement
of the fire code, there should be a more straightforward
approach, such as allowing local fire authorities that are
responsible for putting out the fires to enforce fire
related code issues across the board in mobilehome parks.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10
2010-2011 2011-12 Fund
Fire Code enforcement minor costs to
update guidelines Special*
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*Mobilehome Parks and Special Occupancy Parks Revolving
Fund
SUPPORT : (Verified 5/28/09)
Golden State Manufactured-Home Owners League
JJA:do 5/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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