08.01.2014 Views

Adobe PDF - California Department of Housing and Community ...

Adobe PDF - California Department of Housing and Community ...

Adobe PDF - California Department of Housing and Community ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980<br />

<strong>and</strong> electrical systems <strong>and</strong> equipment <strong>and</strong> installations, respectively, to protect the health <strong>and</strong> safety <strong>of</strong> the people <strong>of</strong> this state<br />

from dangers inherent in the use <strong>of</strong> subst<strong>and</strong>ard <strong>and</strong> unsafe structural, fire safety, plumbing, heat–producing, <strong>and</strong><br />

electrical systems, equipment <strong>and</strong> installations.<br />

(b) All manufactured homes <strong>and</strong> mobilehomes manufactured on or after June 15, 1976, shall comply with the<br />

National Manufactured <strong>Housing</strong> Construction <strong>and</strong> Safety St<strong>and</strong>ards Act <strong>of</strong> 1974 (42 U.S.C. Sec. 5401 et seq.).<br />

(c) The sale <strong>of</strong> used manufactured homes <strong>and</strong> mobilehomes by an agent licensed pursuant to this part shall be<br />

subject to Section 18046.<br />

§ 18025.5. Enforcement <strong>of</strong> federal st<strong>and</strong>ards; Inspections <strong>and</strong> investigations <br />

(a) Pursuant to the National Manufactured <strong>Housing</strong> Construction <strong>and</strong> Safety St<strong>and</strong>ards Act <strong>of</strong> 1974 (42 U.S.C. Sec.<br />

5401 et seq.), the department may assume responsibility for the enforcement <strong>of</strong> manufactured home <strong>and</strong> mobilehome<br />

construction <strong>and</strong> safety st<strong>and</strong>ards relating to any issue with respect to which a federal st<strong>and</strong>ard has been established.<br />

The department may adopt regulations to ensure acceptance by the Secretary <strong>of</strong> <strong>Housing</strong> <strong>and</strong> Urban Development <strong>of</strong><br />

<strong>California</strong>’s plan for the administration <strong>and</strong> enforcement <strong>of</strong> federal manufactured home <strong>and</strong> mobilehome safety <strong>and</strong><br />

construction st<strong>and</strong>ards.<br />

(b) The department may conduct inspections <strong>and</strong> investigations that it determines may be necessary to secure<br />

enforcement <strong>of</strong> this part <strong>and</strong> regulations adopted pursuant to this part.<br />

(c) Subdivision (b) shall not apply to the enforcement <strong>of</strong> Section 18027.3 unless the department determines that there<br />

is a compelling reason to exercise oversight in the inspection <strong>of</strong> recreational vehicles or park trailers at a factory, in<br />

which case the department may investigate the inspection, or conduct a department inspection, on recreational vehicles<br />

or park trailers at a factory <strong>and</strong> utilize any means necessary to collect a fee from the manufacturer for the cost <strong>of</strong> the<br />

department investigation or inspection.<br />

(d) For the purposes <strong>of</strong> enforcement <strong>of</strong> this part <strong>and</strong> the related regulations, persons duly designated by the director<br />

<strong>of</strong> the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both <strong>of</strong> the<br />

following:<br />

(1) Enter, at reasonable times <strong>and</strong> without advance notice, any factory, warehouse, sales lot, or establishment in<br />

which manufactured homes, mobilehomes, commercial coaches, or special purpose commercial coaches are<br />

manufactured, stored, held for sale, sold, or <strong>of</strong>fered for sale, rent, or lease.<br />

(2) Inspect, at reasonable times <strong>and</strong> within reasonable limits <strong>and</strong> in a reasonable manner, any factory, warehouse, sales<br />

lot, or establishment, <strong>and</strong> inspect the books, papers, records, <strong>and</strong> documents to ensure compliance with this part.<br />

§ 18025.6. Enforcement <strong>of</strong> federal st<strong>and</strong>ard for specified period after repeal <br />

When a st<strong>and</strong>ard for manufactured homes which was adopted pursuant to the National Manufactured <strong>Housing</strong><br />

Construction <strong>and</strong> Safety St<strong>and</strong>ards Act <strong>of</strong> 1974 (42 U.S.C. Sec. 5401 et seq.), is repealed by the United States <strong>Department</strong> <strong>of</strong><br />

<strong>Housing</strong> <strong>and</strong> Urban Development <strong>and</strong> no new preemptive federal st<strong>and</strong>ard is adopted as a replacement st<strong>and</strong>ard, the<br />

department may continue to enforce the federal st<strong>and</strong>ard for manufactured homes to be sold in this state, for a period <strong>of</strong><br />

one year from the operative date <strong>of</strong> the repeal or until the department adopts a regulation to replace the repealed federal<br />

st<strong>and</strong>ard, whichever occurs first. The replacement st<strong>and</strong>ard, if any, may be adopted as an emergency regulation.<br />

§ 18026. Insignias <strong>of</strong> approval for preexisting units<br />

(a) All manufactured homes, mobilehomes, commercial coaches, <strong>and</strong> special purpose commercial coaches manufactured<br />

on or after September 1, 1958, that are sold, <strong>of</strong>fered for sale, rented, or leased within this state shall bear a federal label<br />

or an insignia <strong>of</strong> approval issued by the department, whichever is appropriate, to indicate compliance with the regulations<br />

<strong>of</strong> the department adopted pursuant to this part, which were in effect on the date <strong>of</strong> manufacture <strong>of</strong> the manufactured home,<br />

mobilehome, commercial coach, or special purpose commercial coach.<br />

(b) The department may issue insignia for manufactured homes, mobilehomes, commercial coaches, or special<br />

purpose commercial coaches manufactured prior to the effective dates <strong>of</strong> the appropriate regulations that meet the<br />

requirements <strong>of</strong> reasonable st<strong>and</strong>ards <strong>of</strong> health <strong>and</strong> safety as set forth in this part or the regulations adopted pursuant to<br />

this part in effect at the time <strong>of</strong> that issue.<br />

(c) It is unlawful for any person to remove, or cause to be removed, an insignia <strong>of</strong> approval affixed pursuant to this<br />

section without prior authorization by the department.<br />

§ 18026.1. Exemption for units sold to federal government<br />

Units sold to the federal government for use on federal l<strong>and</strong>s are exempt from the requirements <strong>of</strong> Sections 18025<br />

<strong>and</strong> 18026.<br />

§ 18027. Denial <strong>of</strong> insignia <strong>of</strong> approval<br />

Any manufactured home, mobilehome or commercial coach which is manufactured in violation <strong>of</strong> the provisions <strong>of</strong><br />

Chapter 11 (commencing with Section 19870) <strong>of</strong> Part 3 <strong>of</strong> Division 13 <strong>of</strong> this code, or Division 15 (commencing with<br />

Section 25004.2) <strong>of</strong> the Public Resources Code, or regulations adopted pursuant thereto, shall not be issued the<br />

department’s insignia <strong>of</strong> approval.<br />

§ 18027.3. Legislative findings; St<strong>and</strong>ards for recreational vehicles; Insignia indicating compliance;<br />

Prohibitions <br />

(a) The Legislature finds <strong>and</strong> declares as follows:<br />

(1) The American National St<strong>and</strong>ards Institute (ANSI) <strong>and</strong> National Fire Protection Association (NFPA) have adopted<br />

st<strong>and</strong>ards for the design <strong>and</strong> safety <strong>of</strong> recreational vehicles, including park trailers, pursuant to procedures that have given<br />

diverse views an opportunity to be considered <strong>and</strong> which indicate that interested <strong>and</strong> affected parties have reached<br />

18

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!