California Factory-Built Housing Law., the official text

An act to amend Sections 19982, 19991, and 19992 of, and to add Sections 19992.1 and 19992.2 to, the Health and Safety Code, relating to housing, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law, the California Factory-Built Housing Law, requires all factory-built housing manufactured after a specified date that is sold or offered for sale to first users within the state to bear insignia of approval issued by the department, deems that housing to comply with the requirements of all ordinances or regulations enacted by any city, city and county, county, or district that may be applicable to the construction of housing, as specified, and prohibits a city, city and county, county, and district from requiring submittal of plans for any factory-built housing manufactured, or to be manufactured, pursuant to these provisions, as specified. The law requires the Department of Housing and Community Development to enforce its provisions, except for in-plant inspections of the manufacture and installation of factory-built housing by local enforcement or inspection agencies, as specified. Existing law authorizes the local enforcement agency to, by ordinance, establish an inspection fee for the inspection of the installation of factory-built housing. Existing law authorizes the department to provide by regulation for the qualification and disqualification of quality assurance agencies to perform inspections of factory-built housing manufacturers. The law requires the department to adopt rules and regulations to interpret and make specific these provisions, as specified. The law provides that any person who violates any of these provisions and other specified law is guilty of a misdemeanor, as specified.
This bill would remove the requirement that a local enforcement agency enforce and inspect the installation of factory-built housing and, instead, require a first user to choose to have either the local enforcement agency or a quality assurance agency, acting on behalf and subject to the supervision of the department, enforce and inspect the installation of factory-built housing. The bill would require the first user to cover the cost of the inspection if the first user chooses to have a quality assurance agency enforce and inspect the installation of factory-built housing. The bill would limit a local enforcement agency’s inspection fee to no more than 50% of the equivalent inspection fee for nonfactory-built housing, except as specified. The bill would prohibit a local enforcement agency from charging an inspection fee if a first user chooses to have a quality assurance agency enforce and inspect the installation. The bill would also prohibit a local enforcement agency from imposing any permitting fee related to factory-built housing that exceeds 50% of the equivalent permitting fee for nonfactory-built housing, except as specified. The bill would prohibit a local enforcement agency or quality assurance agency from disassembling, damaging, or destroying factory-built housing while inspecting the installation of that factory-built housing. The bill would prohibit provisions relating to the application and scope of the California Factory-Built Housing Law, including the bill’s provisions, from being construed to alter the authority of a local enforcement agency to issue or withhold a certificate of occupancy, as specified. The bill would also make conforming changes.
By increasing the duties of local officials, and by expanding the scope of a crime, this bill would impose a state-mandated local program.
(2) Existing law requires the department, by rule and regulation, to establish a schedule of fees to pay the costs incurred by the department for the work related to the administration and enforcement of the law. Existing law requires the fees collected to be placed in the Mobilehome-Manufactured Home Revolving Fund and makes those funds continuously appropriated to the department for expenditure in carrying out the California Factory-Built Housing Law.
This bill would require the department, by rule and regulation, to establish a schedule of fees to pay and recover the costs incurred by the department for the work related to the administration and enforcement of the California Factory-Built Housing Law. By expanding the purposes for which moneys in the Mobilehome-Manufactured Home Revolving Fund, a continuously appropriated fund, may be used, and increasing moneys deposited into a continuously appropriated fund, the bill would make an appropriation.
(3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 19982 of the Health and Safety Code is amended to read:
19982.
(a) The department by rule and regulation shall establish a schedule of fees to pay and recover the costs incurred by the department for the work related to the administration and enforcement of this part. Notwithstanding Section 13340 of the Government Code, the fees collected shall be placed in the Mobilehome-Manufactured Home Revolving Fund established by Section 18016.5, and are continuously appropriated to the department for expenditure in carrying out this part.
(b) The total amount of money collected pursuant to this part and contained in the Mobilehome-Manufactured Home Revolving Fund on June 30 of each fiscal year shall not exceed the amount needed for operating expenses for one year for the enforcement of this part. If the total amount of money collected pursuant to this part in the fund exceeds this amount, the department shall make appropriate reductions in the schedule of fees authorized by this section.

SEC. 2.
Section 19991 of the Health and Safety Code is amended to read:
19991.
(a) The department shall enforce every provision of this part, the building standards published in the State Building Standards Code relating to factory-built housing, and the other regulations adopted pursuant to this part, except as provided in Sections 19991.1, 19991.3, 19991.4, 19992, 19992.1, and 19992.2.
(b) Nothing in this chapter shall be construed to alter the authority of a local enforcement agency to issue or withhold a certificate of occupancy in accordance with any other law.

SEC. 3.
Section 19992 of the Health and Safety Code is amended to read:
19992.
The installation of factory-built housing shall be conducted in accordance with the requirements of the building standards published in the State Building Standards Code relating to factory-built housing and the other requirements of Part 1.5 (commencing with Section 17910), subject to the provisions of Section 19990. A local enforcement agency or quality assurance agency shall not disassemble, damage, or destroy factory-built housing while inspecting the installation of that factory-built housing, pursuant to Section 19992.1.

SEC. 4.
Section 19992.1 is added to the Health and Safety Code, to read:
19992.1.
(a) (1) A first user shall choose to have either the local enforcement agency or a quality assurance agency, acting on behalf and subject to the supervision of the department, enforce and inspect the installation of factory-built housing.
(2) If a first user chooses to have a quality assurance agency enforce and inspect the installation of factory-built housing, the first user shall cover the cost of the inspection.
(b) (1) The local enforcement agency may, by ordinance, impose an inspection fee for the inspection of the installation of factory-built housing, provided that the fee is no more than 50 percent of the equivalent inspection fee for nonfactory-built housing.
(2) Notwithstanding paragraph (1), a local enforcement agency may impose an inspection fee for the inspection of the installation of factory-built housing that exceeds 50 percent of the equivalent inspection fee for nonfactory-built housing if the local enforcement agency, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to conduct the inspections.
(c) If a first user chooses to have a quality assurance agency enforce and inspect the installation of factory-built housing, the local enforcement agency shall not charge an inspection fee.

SEC. 5.
Section 19992.2 is added to the Health and Safety Code, to read:
19992.2.
(a) A local enforcement agency shall not impose any permitting fee related to factory-built housing that exceeds 50 percent of the equivalent permitting fee for nonfactory-built housing.
(b) Notwithstanding subdivision (a), a local enforcement agency may impose a permitting fee related to factory-built housing that exceeds 50 percent of the equivalent permitting fee for nonfactory-built housing if the local enforcement agency, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to review the permits.

SEC. 6.
The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in the state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, 4, and 5 of this act amending Sections 19991 and 19992 of, and adding Sections 19992.1 and 19992.2 to, the Health and Safety Code, respectively, apply to all cities, including charter cities.

SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.