BILL NUMBER: AB 2697 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2012
INTRODUCED BY Committee on Housing and Community Development
MARCH 21, 2012
An act to amend Section 798.49 of the Civil Code, and to
amend Sections 18045.6 and 18942 of the Health and Safety Code,
relating to building standards housing
.
LEGISLATIVE COUNSEL'S DIGEST
AB 2697, as amended, Committee on Housing and Community
Development. Building standards. Housing
Omnibus Act.
(1) The Mobilehome Residency law requires the local agency of any
city, including a charter city, county, or city and county that
administers an ordinance, rule, regulation, or initiative measure
that establishes a maximum amount that management of a mobilehome
park may charge a tenant for rent to permit the management to
separately charge a homeowner for certain fees, as specified.
Existing law exempts from this requirement, among other things, costs
that are imposed on management for a fine, forfeiture, penalty,
money damages, or fee assessed or awarded by a court of law against
the management for a violation of the Mobilehome Residency Law.
This bill would correct an erroneous cross-reference within this
provision.
(2) The Manufactured Housing Act of 1980 requires the Department
of Housing and Community Development to administer occupational
licenses for dealers, as defined. The act authorizes a dealer to
display manufactured homes, mobilehomes, or commercial coaches at a
fair, exposition, or similar exhibit for no more than 30 days, and
defines "mobilehome fair or exposition" to mean a display of
manufactured homes, mobilehomes, or commercial coaches not limited to
one dealer and not in a mobilehome park.
This bill would remove the 30-day limit on the display of
manufactured homes, mobilehome, or commercial coaches at a fair,
exposition, or similar exhibit. The bill would also revise the
definition of "mobilehome fair or exposition" to mean a display of
manufactured homes, mobilehomes, or commercial coaches not in a
mobilehome park and for which the initial opportunity to display is
open to all dealers. The bill would also specify that a display does
not qualify as a business location or an established place of
business for the purposes of procuring or maintaining a dealer's
license.
The
(3) The California Building
Standards Law provides for the promulgation of building standards by
state agencies by requiring all state agencies that adopt or propose
adoption of any building standard to submit the building standard to
the California Building Standards Commission for approval or
adoption. Existing law requires the commission to publish, or cause
to be published, editions of the code in its entirety once every 3
years.
Existing law requires the commission to publish the text of a
specified provision within the area of the code concerning
single-family residential occupancies with a note specifying that the
regulations may be subject to local government modification.
This bill would correct an erroneous cross-reference within that
provision.
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 798.49 of the Civil
Code is amended to read:
798.49. (a) Except as provided in subdivision (d), the local
agency of any city, including a charter city, county, or city and
county, which administers an ordinance, rule, regulation, or
initiative measure that establishes a maximum amount that management
may charge a tenant for rent shall permit the management to
separately charge a homeowner for any of the following:
(1) The amount of any fee, assessment or other charge first
imposed by a city, including a charter city, a county, a city and
county, the state, or the federal government on or after January 1,
1995, upon the space rented by the homeowner.
(2) The amount of any increase on or after January 1, 1995, in an
existing fee, assessment or other charge imposed by any governmental
entity upon the space rented by the homeowner.
(3) The amount of any fee, assessment or other charge upon the
space first imposed or increased on or after January 1, 1993,
pursuant to any state or locally mandated program relating to housing
contained in the Health and Safety Code.
(b) If management has charged the homeowner for a fee, assessment,
or other charge specified in subdivision (a) that was increased or
first imposed on or after January 1, 1993, and the fee, assessment,
or other charge is decreased or eliminated thereafter, the charge to
the homeowner shall be decreased or eliminated accordingly.
(c) The amount of the fee, assessment or other charges authorized
by subdivision (a) shall be separately stated on any billing to the
homeowner. Any change in the amount of the fee, assessment, or other
charges that are separately billed pursuant to subdivision (a) shall
be considered when determining any rental adjustment under the local
ordinance.
(d) This section shall not apply to any of the following:
(1) Those fees, assessments, or charges imposed pursuant to the
Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of
Division 13 of the Health and Safety Code), unless specifically
authorized by Section 18502 of the Health and Safety Code.
(2) Those costs that are imposed on management by a court pursuant
to Section 798.42 798.39.5 .
(3) Any fee or other exaction imposed upon management for the
specific purpose of defraying the cost of administration of any
ordinance, rule, regulation, or initiative measure that establishes a
maximum amount that management may charge a tenant for rent.
(4) Any tax imposed upon the property by a city, including a
charter city, county, or city and county.
(e) Those fees and charges specified in subdivision (a) shall be
separately stated on any monthly or other periodic billing to the
homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated
on the initial notice and each subsequent billing to the homeowner
while the fee or charge is billed to the homeowner.
SEC. 2. Section 18045.6 of the Health
and Safety Code is amended to read:
18045.6. (a) (1) If the manufacturer, distributor, or dealer
changes the site or location of his or her established place of
business, the manufacturer, distributor, or dealer shall immediately,
upon making the change, so notify the department. If a manufacturer,
distributor, or dealer for any reason whatsoever, ceases to be in
possession of an established place of business from and on which he
or she conducts the business for which the manufacturer, distributor,
or dealer is licensed, he or she shall immediately notify the
department and, upon demand by the department, shall deliver to the
department the manufacturer's, distributor's, or dealer's license and
all relevant records in his or her possession.
(2) The department may place a manufacturer, distributor, or
dealer license on an inactive status upon application of the
licensee. An inactive license shall remain valid for six months or
for the remaining term of the original license, whichever is less.
(b) If the dealer changes to, or adds, another franchise for the
sale of new manufactured homes, mobilehomes, or commercial coaches,
or cancels, or, for any cause whatever, otherwise loses a franchise
for the sale of new manufactured homes, mobilehomes, or commercial
coaches, he or she shall immediately so notify the department.
(c) A dealer's established place of business shall have posted in
a place conspicuous to the public the license issued by the
department to the dealer and to each salesperson employed by the
dealer.
(d) (1) Notwithstanding Section 18050 and this section, a dealer
may display manufactured homes, mobilehomes, or commercial coaches
at a fair, exposition, or similar exhibit for no more than
30 days . As used in this section, "mobilehome fair or
exposition" means a display of manufactured homes, mobilehomes, or
commercial coaches not limited to one dealer and
not in a mobilehome park and for which the initial opportunity
to display is open to all dealers. The display shall not qualify as a
business location or an established place of business for the
purposes of procuring or maintaining a dealer's license .
(2) New manufactured homes or mobilehomes, installed pursuant to
Section 18613, may also be displayed and sold within a mobilehome
park or mobilehome subdivision by dealers. A display home may be used
and equipped only for the sale of the displayed home and shall not
be used as an established place of business, unless licensed as an
established place of business.
(3) Dealers and salespersons may negotiate listing agreements for
the sale of a used manufactured home or mobilehome which has been
titled by the department, and may negotiate and execute offers to
purchase and purchase documents for the sale of a new or used
manufactured home or mobilehome other than at the established place
of business.
(e) All manufactured homes, mobilehomes, or commercial coaches
displayed pursuant to subdivision (d) shall be identified by a sign
or device providing information relating to the dealer's name and the
location and address of the dealer's established place of business
and any other information that is required by the department.
(f) The requirements for an office specified in subdivision (b)
of Section 18045.5 shall not apply to a display location authorized
by subdivision (d), unless licensed as an established place of
business.
SECTION 1. SEC. 3. Section 18942 of
the Health and Safety Code is amended to read:
18942. (a) The commission shall publish, or cause to be
published, editions of the code in its entirety once in every three
years. In the intervening period the commission shall publish, or
cause to be published, supplements as necessary. For emergency
building standards defined in subdivision (a) of Section 18913, an
emergency building standards supplement shall be published whenever
the commission determines it is necessary.
(b) The commission shall publish the text of Article 2.5
(commencing with Section 115920) of Chapter 5 of Part 10 of Division
104, within the requirements for single-family residential
occupancies contained in Part 2.5 of Title 24 of the California Code
of Regulations, with the following note:
"NOTE: These regulations are subject to local government
modification. You should verify the applicable local government
requirements at the time of application for a building permit."
(c) The commission shall publish the text of Section 116064.2
within Part 2 of Title 24 of the California Code of Regulations.
(d) The commission may publish, stockpile, and sell at a
reasonable price the code and materials incorporated therein by
reference if it deems the latter is insufficiently available to the
public, or unavailable at a reasonable price. Each state department
concerned and each city, county, or city and county shall have an
up-to-date copy of the code available for public inspection.
(e) (1) Each city, county, and city and county, including charter
cities, shall obtain and maintain with all revisions on a current
basis, at least one copy of the building standards and other state
regulations relating to buildings published in Titles 8, 19, 20, 24,
and 25 of the California Code of Regulations. These codes shall be
maintained in the office of the building official responsible for the
administration and enforcement of this part.
(2) This subdivision shall not apply to a city or county that
contracts for the administration and enforcement of the provisions of
this part with another local government agency that complies with
this section.