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MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980
§ 18015.7. Sale to unlicensed persons by public agency for low–and moderate housing
Subdivision (p) of Section 18062.8 shall not apply to a sale to a city, county, city and county, or any other public agency
for the purpose of providing housing for low– and moderate–income households, as defined in Section 50093.
§ 18016. Use of alternate construction materials or methods
(a) The provisions of this part are 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
promulgated pursuant thereto, provided any alternate has been approved by the department.
(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 of that prescribed in this part and the rules and regulations promulgated pursuant thereto 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
thereto, or in order to substantiate claims for alternates, the department may require tests or proof of compliance to be
made at the expense of the owner or his or her agent.
§ 18016.5. Mobilehome–Manufactured Home Revolving Fund
(a) The Mobilehome Revolving Fund is continued in existence and renamed the Mobilehome–Manufactured Home
Revolving Fund. Money transferred to, or deposited in, the fund is continuously appropriated to the department
notwithstanding Section 13340 of the Government Code, for expenditure in carrying out the provisions of this part. All fees
or other moneys accruing to the department pursuant to this part shall, except as otherwise expressly provided by
law, be deposited in the fund.
(b) Total money contained in the Mobilehome–Manufactured Home Revolving Fund on June 30 of each fiscal
year shall not exceed the amount of money needed for operating expenses for one year for the enforcement of this part. If
the total money contained in the fund exceeds this amount, the commission or department, as appropriate, shall make
appropriate reductions in the schedule of fees authorized by this part.
Chapter 3 ENFORCEMENT
§ 18020. Regulations for approval of third–party entities; Criteria
(a) Except as provided in Section 18027.3, and except as provided by the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), as it applies to the manufacture of new manufactured
housing, the department shall enforce this part and the rules and regulations adopted pursuant to this part.
(b) The department may, at the department’s sole option, enforce Chapter 4 (commencing with Section 18025) and
the rules and regulations adopted pursuant to Chapter 4 through department–approved third–party entities. The department
shall adopt regulations for the approval of third–party entities, including, but not limited to, all of the following criteria:
(1) Freedom from any conflict of interest.
(2) Qualifications of personnel.
(3) Frequency of inspections or monitorings of manufacturer quality control.
(4) Involvement in collusive or fraudulent actions related to the performance of activities required by Section
18013.2.
(5) Any other conditions of operation that the department may reasonably require.
(c) The department may require rotation of third–party entities performing inspection services for any
manufacturing facility within the state to prevent the third–party entity from either performing inspections within the same
facility for more than 365 calendar days or performing inspections for any facility when the third–party entity performed
inspection services within the previous 365 calendar days.
(d) The department shall monitor the performance of third–party entities approved pursuant to subdivision (b) and
shall require periodic reports in writing containing information that the department may reasonably require to determine
compliance with the conditions of the department’s approval.
(1) When the department receives information about an alleged inadequacy in the performance of a third–party
entity, including any involvement in collusive or fraudulent actions related to the performance of activities required by Section
18013.2, it shall consider the information in its monitoring efforts and make a determination about the validity of the alleged
inadequacy in a timely manner.
(2) When the department determines, either through its monitoring efforts or through information provided by any
other person, that an approved third–party entity has failed to perform according to the conditions of approval, the department
may withdraw approval by forwarding written notice to the approved third–party entity by registered mail to its address of
record, briefly summarizing the cause for the department’s decision.
(3) A third–party entity, upon having its approval withdrawn by the department, may request a hearing before the director
of the department. The request for hearing shall be in writing and either delivered or postmarked prior to midnight on the
10th calendar day from the date of the department’s notice.
(4) The department, upon timely receipt of a written request for hearing, shall, within 30 calendar days, schedule a
hearing before the director or his or her agent. All hearings pursuant to this subdivision shall be held in the department’s
Sacramento offices and the decision of the director shall be final.
(5) A third–party entity whose approval has been withdrawn by the department shall not be permitted to reapply for
the department’s approval pursuant to subdivision (b) for a period of one year from the date that the approval was withdrawn
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