2007 California Health and Safety Code Chapter 2. Application And Scope

CA Codes (hsc:18300-18307)

18300.  (a) This part applies to all parts of the state and
supersedes any ordinance enacted by any city, county, or city and
county, whether general law or chartered, applicable to this part.
Except as provided in Section 18930, the department may adopt
regulations to interpret and make specific this part and, when
adopted, the regulations shall apply to all parts of the state.
   (b) Upon 30 days' written notice from the governing body to the
department, any city, county, or city and county may assume the
responsibility for the enforcement of both this part and Part 2.3
(commencing with Section 18860) and the regulations adopted pursuant
to this part and Part 2.3 (commencing with Section 18860) following
approval by the department for the assumption.
   (c) The department shall adopt regulations that set forth the
conditions for assumption and may include required qualifications of
local enforcement agencies.  The conditions set forth and the
qualifications required in the regulations shall relate solely to the
ability of local agencies to enforce properly this part and the
regulations adopted pursuant to this part.  The regulations shall not
set forth requirements for local agencies different than those that
the state maintains for its own enforcement program.  When assumption
is approved, the department shall transfer the responsibility for
enforcement to the city, county, or city and county, together with
all records of parks within the jurisdiction of the city, county, or
city and county.
   (d) (1) In the event of nonenforcement of this part or the
regulations adopted pursuant to this part by a city, county, or city
and county, the department shall enforce both this part and Part 2.3
(commencing with Section 18860) and the regulations adopted pursuant
to this part and Part 2.3 (commencing with Section 18860) in the
city, county, or city and county, after the department has given
written notice to the governing body of the city, county, or city and
county, setting forth in what respects the city, county, or city and
county has failed to discharge its responsibility, and the city,
county, or city and county has failed to initiate corrective measures
to carry out its responsibility within 30 days of the notice.
   (2) Where the department determines that the local enforcement
agency is not properly enforcing this part or Part 2.3 (commencing
with Section 18860), the local enforcement agency may appeal the
decision to the director of the department.
   (e) Any city, city and county, or county, upon written notice from
the governing body to the department, may cancel its assumption of
responsibility for the enforcement of both this part and Part 2.3
(commencing with Section 18860).  The department, upon receipt of the
notice, shall assume responsibility within 30 days.
   (f) Every city, county, or city and county, within its
jurisdiction, shall enforce this part and the regulations adopted
pursuant to this part, as they relate to manufactured homes,
mobilehomes, or recreational vehicles, and to accessory buildings or
structures located in both of the following areas:
   (1) Inside of parks while the city, county, or city and county has
assumed responsibility for enforcement of both this part and Part
2.3 (commencing with Section 18860).
   (2) Outside of parks.
   (g) This part shall not prevent local authorities of any city,
county, or city and county, within the reasonable exercise of their
police powers, from doing any of the following:
   (1) From establishing, subject to the requirements of Sections
65852.3 and 65852.7 of the Government Code, certain zones for
manufactured homes, mobilehomes, and mobilehome parks within the
city, county, or city and county, or establishing types of uses and
locations, including family mobilehome parks, senior mobilehome
parks, mobilehome condominiums, mobilehome subdivisions, or
mobilehome planned unit developments within the city, county, or city
and county, as defined in the zoning ordinance, or from adopting
rules and regulations by ordinance or resolution prescribing park
perimeter walls or enclosures on public street frontage, signs,
access, and vehicle parking or from prescribing the prohibition of
certain uses for mobilehome parks.
   (2) From regulating the construction and use of equipment and
facilities located outside of a manufactured home or mobilehome used
to supply gas, water, or electricity thereto, except facilities
owned, operated, and maintained by a public utility, or to dispose of
sewage or other waste therefrom when the facilities are located
outside a park for which a permit is required by this part or the
regulations adopted pursuant thereto.
   (3) From requiring a permit to use a manufactured home or
mobilehome outside a park for which a permit is required by this part
or by regulations adopted pursuant thereto, and require a fee
therefor by local ordinance commensurate with the cost of enforcing
this part and local ordinance with reference to the use of
manufactured homes and mobilehomes, which permit may be refused or
revoked if the use violates this part or Part 2 (commencing with
Section 18000), any regulations adopted pursuant thereto, or any
local ordinance applicable to that use.
   (4) From requiring a local building permit to construct an
accessory structure for a manufactured home or mobilehome when the
manufactured home or mobilehome is located outside a mobilehome park,
under circumstances when this part or Part 2 (commencing with
Section 18000) and the regulations adopted pursuant thereto do not
require the issuance of a permit therefor by the department.
   (5) From prescribing and enforcing setback and separation
requirements governing the installation of a manufactured home,
mobilehome, or mobilehome accessory structure or building installed
outside of a mobilehome park.
   (h) (1) A city, including a charter city, county, or city and
county, shall not require the average density in a new park to be
less than that permitted by the applicable zoning ordinance, plus any
density bonus, as defined in Section 65915 of the Government Code,
for other affordable housing forms.
   (2) A city, including a charter city, county, or city and county,
shall not require a new park to include a clubhouse.  Recreational
facilities, recreational areas, accessory structures, or improvements
may be required only to the extent that the facilities or
improvements are required in other types of residential developments
containing a like number of residential dwelling units.
   (3) A city, including a charter city, county, or city and county,
shall not require the setback and separation requirements authorized
by paragraph (5) of subdivision (g) to be greater than those
permitted by applicable ordinances for other housing forms.



18300.1.  Any person may file an application with the governing body
of any city, city and county, or county for a conditional use permit
for a manufactured home, mobilehome, or park.  The governing body,
or the planning commission if designated by the governing body, shall
hold a public hearing on any such application.  Notice of the time
and place of the hearing, including a general explanation of the
matter to be considered and including a general description of the
area affected, shall be given at least two weeks before the hearing
and shall be published at least once in a newspaper of general
circulation, published and circulated in the city, city and county,
or county, as the case may be.  When any hearing is held on an
application for a conditional use permit for a manufactured home,
mobilehome, or park, a staff report with recommendations and the
basis for such recommendations shall be included in the record of the
hearing.  The decision of the governing body shall be final and the
reasons for the decision shall be included in the record.



18300.25.  (a) The provisions of this part shall apply to any
portion of a special occupancy park, as defined in Section 18862.43,
that is also a mobilehome park, as defined in Section 18214.
However, if a portion of a park is permanently dedicated to
recreational vehicles, the provisions of Part 2.3 (commencing with
Section 18860) apply in that portion of the park.
   (b) The department shall not charge an owner of a park that is
both a special occupancy park and a mobilehome park more than one
annual operating permit fee pursuant to Sections 18502 and 18870.2.




18303.  This part does not apply to any park owned, operated, and
maintained by any of the following:
   (a) The federal government.
   (b) The state.
   (c) Any agency or political subdivision of the state.
   (d) Any city, county, or city and county.



18304.  (a) This part does not apply to any apartment house, hotel,
or dwelling which is subject to the provisions of Part 1.5
(commencing with Section 17910) of this division.
   (b) This part does not apply to electric, gas, or water facilities
owned, operated, and maintained by a public utility.



18305.  (a) This part is not intended to prevent the use of any
material, appliance, installation, device, arrangement, or method of
construction not specifically prescribed by this part and the rules
and regulations adopted pursuant to this part, if the alternate used
has been approved.
   (b) The department may approve any alternate if it finds that the
proposed design is satisfactory and that the material, appliance,
installation, device, arrangement, method, or work offered is, for
the purpose intended, at least the equivalent to that prescribed in
this part and the rules and regulations adopted pursuant to this part
in quality, strength, effectiveness, fire resistance, durability,
safety, and for the protection of life and health.
   (c) Whenever there is evidence that any material, appliance,
installation, device, arrangement, or method of construction does not
conform to the requirements of this part and the rules and
regulations promulgated pursuant to this part, or in order to
substantiate claims for alternates, the department may require proof
of compliance to be made at the expense of the owner or his or her
agent.
   (d) The department shall notify the appropriate enforcement agency
and plan checking agency of its findings.
   (e) This section is not applicable to local regulations authorized
by this part.


18306.  (a) The department shall evaluate the enforcement of this
part and regulations adopted pursuant to this part by each city,
county, or city and county which has assumed responsibility for
enforcement.
   (b) In performing this evaluation, the department shall have the
following authority:
   (1) To examine the records of local enforcement agencies and to
secure from them reports and copies of their records at any time.
However, if the department requires duplication of these records, it
shall pay for the costs of duplication.
   (2) To carry out any investigations it deems necessary to ensure
enforcement of this part and the regulations adopted pursuant
thereto.


18307.  (a) The department may delegate all or any portion of the
authority to enforce this part and the regulations adopted pursuant
to this part, or to enforce specific sections of this part or those
regulations, to a local building department or health department of
any city, county, or city and county, where the department is the
enforcement agency, if all of the following conditions exist:
   (1) The delegation of authority is necessary to provide prompt and
effective recovery assistance or services during or immediately
following a disaster declared by the Governor.
   (2) The local building department or health department requests
the authority and that request is approved by the governing body
having jurisdiction over the local building department or health
department.
   (3) The department has determined that the local building
department or health department possesses the knowledge and expertise
necessary to administer the delegated responsibilities.
   (b) The delegation of authority shall be limited to the time
established by the department as necessary to adequately respond to
the disaster, or the time period determined by the department, but in
no case shall the period exceed 60 days.  The delegation of
authority may be limited to specific geographic areas or specific
mobilehome parks or recreational vehicle parks at the sole discretion
of the department.
   (c) Local building departments and health departments acting
pursuant to subdivision (a) may charge fees for services rendered,
not to exceed the department's approved schedule of fees associated
with the services provided.  The department may also reimburse these
local departments if funds are received for the activities undertaken
pursuant to subdivision (a), but no obligation for reimbursement by
the department shall accrue unless funds are allocated to the
department for this purpose.