BILL ANALYSIS
SB 398
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 398 (Correa) - As Amended: June 30, 2009
SENATE VOTE : 27-10
SUBJECT : Mobilehome parks: fire code enforcement.
SUMMARY : Makes changes related to fire prevention code
enforcement in mobilehome parks. Specifically, this bill :
1)Specifies that fire prevention regulations adopted by the
Department of Housing and Community Development (HCD) are not
applicable in a mobilehome park within a special district that
has been delegated fire code enforcement by a city, county, or
city and county that has assumed mobilehome code enforcement
responsibility from HCD.
2)Adds brush and combustible vegetation clearance, flammable
liquid storage, hazardous materials storage and use, open
flame or open burning, and park community clubhouse or
recreational hall fire safety to the list of items a city,
county, city and county, or special district can enforce under
its own fire prevention code without assuming full code
enforcement responsibility for mobilehome parks from HCD.
EXISTING LAW
1)Under the Mobilehome Parks Act (MPA), authorizes the
Department of Housing and Community Development to regulate
mobilehome parks to assure protection of the health, safety,
and general welfare of all mobilehome park residents. HCD has
adopted statewide regulations to enforce the MPA. (Health and
Safety Code 18200, et seq.)
2)Designates HCD as the enforcement agency with respect to the
MPA and its implementing regulations for all mobilehome parks
statewide.
3)Gives cities and counties the option of assuming enforcement
authority for the MPA within their jurisdiction upon 30 days
written notice to HCD (Health and Safety Code 18300).
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4)Requires HCD to adopt regulations 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 mobilehome parks (Health and
Safety Code 18691).
5)Authorizes a city or county that has assumed enforcement
responsibility for the MPA to impose its own fire prevention
code within mobilehome parks, so long as the code imposes
restrictions equal to or greater than the fire-related
regulations adopted by HCD (Health and Safety Code 18691).
6)Authorizes a city, county, city and county, or special
district that has not assumed enforcement responsibility for
the MPA to assume enforcement of the portions of its fire
prevention code relating to fire hydrant systems, water
supply, fire equipment access, posting of fire equipment
access, parking, lot identification, weed abatement, debris
abatement, combustible storage abatement, and burglar bars by
giving HCD a 30-day written notice (Health and Safety Code
18691).
1)Specifies that a city, county, city and county, or special
district that assumes enforcement for the specified portions
of its fire prevention code in mobilehome parks 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 (Health and Safety Code
18691).
FISCAL EFFECT : None
COMMENTS :
The Mobilehome Parks Act (MPA) 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 residents. HCD has adopted
statewide regulations to enforce the act's provisions. Local
agencies have the option of assuming enforcement authority for
the MPA 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
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agency receives a complaint regarding a potential health or
safety code violation.
The MPA 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 city or county is the enforcement agency
for the MPA and the city or county has adopted a fire prevention
code that imposes restrictions that are equal to or stronger
than HCD's standards.
Seventy-four local agencies currently enforce the MPA in their
jurisdictions under agreement with HCD. Three of these are
counties that also provide enforcement for parks in seven cities
within their respective jurisdictions. Under current law, these
74 local agencies also retain jurisdiction to enforce their own
local fire code in mobilehome parks, as long as the local fire
code meets or exceeds HCD's requirements.
SB 1627 (Dunn), Chapter 433, Statutes of 2000, allowed limited
local enforcement of the fire code in mobilehome parks in
jurisdictions that have not assumed responsibility for
enforcement of the full MPA from HCD. Enforcement is limited to
matters related to 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, committee staff is aware
of eight fire agencies that have assumed this limited
jurisdiction for fire safety in parks: 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.
The author chairs the Senate Select Committee on Manufactured
Housing and Communities, and he introduced this bill to address
issues that arose from a recent hearing of that committee on
wildfire safety and code enforcement in mobilehome parks.
Testimony at that hearing indicated that in some of the
mobilehome parks damaged or threatened by wildfires during the
fall of 2008 in Southern California, combustible vegetation,
lack of adequate brush clearance, and storage of materials such
as tires contributed to the spread of fire. SB 398 adds
additional categories to the 10 areas for which a local fire
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agency may assume fire code enforcement in parks without the
local government assuming full mobilehome park code enforcement
responsibility from HCD. The additional categories are
hazardous material storage and use, open flame or open burning,
and park community clubhouse or recreation hall fire safety.
The bill additionally clarifies that weed abatement includes
combustible brush and vegetation clearance, and that combustible
storage abatement includes flammable liquid storage. Local
agencies may already enforce local weed abatement and
combustible storage abatement regulations in mobilehome parks.
Another concern raised at the select committee's hearing was
confusion at the local level about who has authority to enforce
fire code requirements in mobilehome parks. Although the law
allows local enforcement of the local fire code in mobilehome
parks when the city or county assumes all code enforcement
responsibility from HCD, it does not specifically allow the fire
code to be enforced by other entities. In many jurisdictions,
the city or county delegates fire code enforcement duties to a
fire protection district or another special district. SB 398
clarifies that if a city or county takes on code enforcement
responsibility in mobilehome parks and the city or county has
delegated fire code enforcement responsibility to a special
district, then the special district may enforce the fire code in
mobilehome parks.
Proposed amendments:
1)On page 4, line 14 after "part" insert "and that 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)On page 4, line 25, after "including" insert "combustible" and
on line 26 delete "combustible"
REGISTERED SUPPORT / OPPOSITION :
Support
Golden State Manufactured-Home Owners League
League of CA Cities
Opposition
SB 398
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California Mobilehome Parkowners Alliance
Western Manufactured Housing Communities Association
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085