BILL ANALYSIS
SB 398
Page 1
SENATE THIRD READING
SB 398 (Correa)
As Amended August 20, 2009
Majority vote
SENATE VOTE : 27-10
HOUSING 4-2
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|Ayes:|Torres, Eng, Ma, Saldana | | |
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|Nays:|Harkey, Knight | | |
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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, or
another entity organized solely to provide fire protection
services and monitored and funded by a county or other public
entity, that meets both of the following requirements:
a) Has been delegated fire code enforcement by a city,
county, or city and county that is the mobilehome code
enforcement agency; and,
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 HCD.
2)Adds combustible brush and vegetation clearance on a lot or
common area that represents an imminent fire hazard, flammable
liquid storage, hazardous materials storage and use, and open
flame or open burning 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.
FISCAL EFFECT : None
SB 398
Page 2
COMMENTS : The Mobilehome Parks Act (MPA) authorizes HCD to
regulate mobilehome parks to assure protection of the health,
safety, and 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.
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 state 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 state 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.
SB 398
Page 3
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
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 combustible brush and vegetation clearance on a lot or
common area that represents an imminent fire hazard. The bill
additionally clarifies that combustible storage abatement
includes flammable liquid storage. Local agencies may already
enforce local 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
special district or another fire protection entity. 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 or another fire protection entity, then the special
district or other entity may enforce the fire code in mobilehome
parks.
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085
FN: 0002228