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TABLE OF CHAPTER CONTENTS § 5336. Course Provider Attendance Controls and Record Keeping Requirements ........................................................................................... 110 § 5338. General Requirements and Prohibitions ................................................... 110 § 5340. Preliminary Education Course Approval ................................................... 110 § 5342. Continuing Education Course Approval .................................................... 111 § 5344. Application for Approved Course Renewal ............................................... 111 § 5346. Application to Change an Approved Course ............................................ 111 § 5348. Application for Instructor Approval ............................................................ 111 § 5350. Application for Instructor Renewal ............................................................ 112 §5352. Application for Continuing Education Equivalency Approval .................... 112 § 5354. Application for Continuing Education Exemption ..................................... 112 § 5356. Rejected Applications ............................................................................... 112 § 5360. Fees .......................................................................................................... 113 § 5362. Denial of Approval .................................................................................... 113 § 5364. Cancellation of Approval ........................................................................... 113 § 5366. Appeals Procedure ................................................................................... 113 § 5368. Enforcement ............................................................................................. 113 86
OCCUPATIONAL LICENSING - REGULATIONS OCCUPATIONAL LICENSING AND EDUCATION — REGULATIONS CALIFORNIA CODE OF REGULATIONS TITLE 25 HOUSING AND COMMUNITY DEVELOPMENT Division 1 HOUSING AND COMMUNITY DEVELOPMENT Chapter 4 MANUFACTURED HOUSING SALES, OCCUPATIONAL LICENSING AND EDUCATION Subchapter 1 SALES AND OCCUPATIONAL LICENSING Article 1. General § 5000. Authority This chapter is adopted in order to implement, interpret and make specific and otherwise carry out the MH-Unit and commercial modular occupational licensing requirements of Chapters 5, 6, and 7 (commencing with Section 18035) of Division 13, Part 2, of the Health and Safety Code, and Section 1797, et seq., of the Civil Code. § 5001. Application and Scope (a) The provisions of this subchapter apply to all persons acting as a manufacturer, distributor, dealer, or salesperson of MH-Units or commercial modulars as defined by Sections 18000-18014.5 of the Health and Safety Code. (b) The provisions of this chapter also apply to all persons acting in the capacity of a 90-day certificate holder as defined in Section 5002 of this subchapter. (c) These provisions regulate the occupational licensing of and business practices of licensees regarding the manufacture, alteration, sale or lease of MH-Units or commercial modulars. (d) To the extent permitted by law, these provisions provide for regulation of transporters of MH-Units and commercial modulars. (e) These provisions regulate the application process and requirements for the department and persons applying for a license or 90-day certificate pursuant to law and this chapter. § 5002. Definitions The following definitions and those set forth or referenced in Health and Safety Code Sections 18000 through 18153, shall govern the activities under this chapter: (a) Accessory. Any additional structure, air-conditioning unit, driveway, landscaping, skirting, awning, carport, shed, porch, or other items contracted for and included in the purchase document for the purchase or lease of a MH-Unit and/or its installation site. (b) Acknowledged. When used in this chapter means either notarized or attested to by a subscribing witness. (c) Additional Business Location (ABL). This term means the same as secondary business location. See the definition of “Secondary Business Location” below. (c)(d) Advertising. Any statement, representation, act or announcement intentionally communicated to any member of the public by any means whatever, whether orally, in writing or otherwise, generally for the purpose of arousing a desire to buy or patronize. (d)(e) Cash or cash equivalent. Includes, but is not limited to: (1) Cash, checks, money orders, or drafts. (2) Promissory notes, bills of sale, certificates of ownership, or other intangible property. (3) Assignments of funds, proceeds, contracts, rights, or other negotiable instruments. (4) Any real or personal property. (e)(f) Clock hour. Fifty (50) continuous minutes in an approved preliminary or continuing education course, seminar, or conference excluding breaks for meals, rest, or smoking. (f)(g) Close of escrow. The date on which the conditions of the escrow have been met and the escrow agent is in a position to disburse all funds excepting funds withheld for uninstalled or undelivered accessories included in the purchase price. (g)(h) Continuing Education Course. A class, seminar or conference approved by the department, pursuant to law and this chapter, which offers licensees continuing education clock hour credits on one (1) topic. (h)(i) Correspondence Course. A continuing education program of a single topic approved by the department transmitted by mail between a licensee and an approved course provider. (i)(j) Course Provider. A person or entity offering preliminary or continuing education courses approved by the department. A course provider meeting the minimum qualifications established in this chapter may also be an approved instructor. (k) Designated Managing Employee (DME). See Responsible Managing Employee. (j)(l) DOJ. The California Department of Justice. (k)(m) Instructor. A person approved by the department to present preliminary or continuing education courses while in the employ of a course provider. An instructor may also be a course provider. (l)(n) Live Scan. Digitally scanned fingerprinting using the electronic process certified by DOJ at an approved facility. (m)(o) Manufactured Home. A structure as defined by section 18007 of the Health and Safety Code. 87
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