18025-18034
HEALTH AND SAFETY CODE
SECTION 18025-18034
18025. (a) Except as provided in subdivisions (b) and (c), it is
unlawful for any person to sell, offer for sale, rent, or lease
within this state, any manufactured home or any mobilehome,
commercial coach, or special purpose commercial coach manufactured
after September 1, 1958, containing structural, fire safety,
plumbing, heat-producing, or electrical systems and equipment unless
the systems and equipment meet the requirements of the department for
those systems and that equipment and the installation of those
systems and that equipment. The department may adopt rules and
regulations that are reasonably consistent with recognized and
accepted principles for structural, fire safety, plumbing,
heat-producing, and electrical systems and equipment and
installations, respectively, to protect the health and safety of the
people of this state from dangers inherent in the use of substandard
and unsafe structural, fire safety, plumbing, heat-producing, and
electrical systems, equipment and installations.
(b) All manufactured homes and mobilehomes manufactured on or
after June 15, 1976, shall comply with the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec.
5401 et seq.).
(c) The sale of used manufactured homes and mobilehomes by an
agent licensed pursuant to this part shall be subject to Section
18046.
18025.5. (a) Pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et
seq.), the department may assume responsibility for the enforcement
of manufactured home and mobilehome construction and safety standards
relating to any issue with respect to which a federal standard has
been established. The department may adopt regulations to ensure
acceptance by the Secretary of Housing and Urban Development of
California's plan for the administration and enforcement of federal
manufactured home and mobilehome safety and construction standards.
(b) The department may conduct inspections and investigations that
it determines may be necessary to secure enforcement of this part
and regulations adopted pursuant to this part.
(c) Subdivision (b) shall not apply to the enforcement of Section
18027.3 unless the department determines that there is a compelling
reason to exercise oversight in the inspection of recreational
vehicles or park trailers at a factory, in which case the department
may investigate the inspection, or conduct a department inspection,
on recreational vehicles or park trailers at a factory and utilize
any means necessary to collect a fee from the manufacturer for the
cost of the department investigation or inspection.
(d) For the purposes of enforcement of this part and the related
regulations, persons duly designated by the director of the
department, upon presenting appropriate credentials to the owner,
operator, or agent in charge, may do both of the following:
(1) Enter, at reasonable times and without advance notice, any
factory, warehouse, sales lot, or establishment in which manufactured
homes, mobilehomes, commercial coaches, or special purpose
commercial coaches are manufactured, stored, held for sale, sold, or
offered for sale, rent, or lease.
(2) Inspect, at reasonable times and within reasonable limits and
in a reasonable manner, any factory, warehouse, sales lot, or
establishment, and inspect the books, papers, records, and documents
to ensure compliance with this part.
18025.6. When a standard for manufactured homes which was adopted
pursuant to the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), is repealed by
the United States Department of Housing and Urban Development and no
new preemptive federal standard is adopted as a replacement standard,
the department may continue to enforce the federal standard for
manufactured homes to be sold in this state, for a period of one year
from the operative date of the repeal or until the department adopts
a regulation to replace the repealed federal standard, whichever
occurs first. The replacement standard, if any, may be adopted as an
emergency regulation.
18026. (a) All manufactured homes, mobilehomes, commercial coaches,
and special purpose commercial coaches manufactured on or after
September 1, 1958, that are sold, offered for sale, rented, or leased
within this state shall bear a federal label or an insignia of
approval issued by the department, whichever is appropriate, to
indicate compliance with the regulations of the department adopted
pursuant to this part, which were in effect on the date of
manufacture of the manufactured home, mobilehome, commercial coach,
or special purpose commercial coach.
(b) The department may issue insignia for manufactured homes,
mobilehomes, commercial coaches, or special purpose commercial
coaches manufactured prior to the effective dates of the appropriate
regulations that meet the requirements of reasonable standards of
health and safety as set forth in this part or the regulations
adopted pursuant to this part in effect at the time of that issue.
(c) It is unlawful for any person to remove, or cause to be
removed, an insignia of approval affixed pursuant to this section
without prior authorization by the department.
18026.1. Units sold to the federal government for use on federal
lands are exempt from the requirements of Sections 18025 and 18026.
18027. Any manufactured home, mobilehome or commercial coach which
is manufactured in violation of the provisions of Chapter 11
(commencing with Section 19870) of Part 3 of Division 13 of this
code, or Division 15 (commencing with Section 25004.2) of the Public
Resources Code, or regulations adopted pursuant thereto, shall not be
issued the department's insignia of approval.
18027.3. (a) The Legislature finds and declares as follows:
(1) The American National Standards Institute (ANSI) and National
Fire Protection Association (NFPA) have adopted standards for the
design and safety of recreational vehicles, including park trailers,
pursuant to procedures that have given diverse views an opportunity
to be considered and which indicate that interested and affected
parties have reached substantial agreement on their adoption.
(2) The ANSI A119.2 and A119.5 standards and the NFPA 1192
standards are designed to protect the health and safety of persons
using recreational vehicles and park trailers.
(3) Compliance with those standards as required by this section
may be enforced by any law enforcement authority having appropriate
jurisdiction, pursuant to Section 18020.5, which makes it a crime to
violate any provision of this part. Therefore, to promote
governmental efficiency and economy and to avoid duplication of
activities and services, it is appropriate to eliminate the role of
the department in modifying and enforcing standards for the
construction of recreational vehicles.
(b) Recreational vehicles specified in subdivision (a) of Section
18010 that are manufactured on or after January 1, 1999, and before
July 14, 2005, shall be constructed in accordance with Standard No.
A119.2, as contained in the 1996 edition of the Standards of the
American National Standards Institute. Recreational vehicles
specified in subdivision (a) of Section 18010 that are manufactured
on or after July 14, 2005, shall be constructed in accordance with
the NFPA 1192 Standard on Recreational Vehicles.
(c) Recreational vehicles specified in subdivision (b) of Section
18010 that are manufactured on or after January 1, 1999, shall be
constructed in accordance with Standard No. A119.5, as contained in
the 1998 edition of the Standards of the American National Standards
Institute.
(d) A change in Standard No. A119.2 or A119.5 or in the NFPA 1192
Standard on Recreational Vehicles contained in a new edition of the
Standards of the American National Standards Institute shall become
operative on the 180th day following the publication date.
(e) No recreational vehicle shall be equipped with more than one
electrical power supply cord.
(f) Any recreational vehicle manufactured on or after January 1,
1999, that is offered for sale, sold, rented, or leased within this
state shall bear a label or an insignia indicating the manufacturer's
compliance with the American National Standards Institute or
National Fire Protection Association standard specified in
subdivision (b) or (c).
(g) Any recreational vehicle manufactured prior to January 1,
1999, that is offered for sale, sold, rented, or leased within this
state shall bear a label or an insignia of approval indicating the
manufacturer's compliance with the American National Standards
Institute standard or a department insignia issued prior to January
1, 1999, indicating compliance with the state standard that was in
effect pursuant to this chapter on the date of manufacture, including
any modifications contained in regulations.
(h) It is unlawful for any person to do either of the following:
(1) Remove, or cause to be removed, a label, an insignia, or an
insignia of approval affixed pursuant to this section.
(2) Alter or convert, or cause to be altered or converted, any
recreational vehicle in a manner that is inconsistent with ANSI
Standard No. A119.2 or A119.5 or the NFPA 1192 Standard on
Recreational Vehicles when the recreational vehicle is used,
occupied, sold, or offered for sale within this state.
18027.5. (a) It shall be unlawful to manufacture a truck camper as
defined in Section 18010, unless the truck camper has a manufacturer'
s serial or identification number legibly stamped onto or permanently
affixed to the interior and exterior of the truck camper.
(b) No retailer shall sell any new truck camper unless the truck
camper has a manufacturer's serial or identification number as
required in subdivision (a).
18028. (a) The department may adopt regulations regarding the
construction of commercial modulars and special purpose commercial
modulars, other than mobile food facilities subject to Article 11
(commencing with Section 114250) of Chapter 4 of Part 7 of Division
104, and of multifamily manufactured homes, manufactured homes, and
mobilehomes that are not subject to the National Manufactured Housing
Construction and Safety Act of 1974 (42 U.S.C. Sec. 5401 et seq.)
that the department determines are reasonably necessary to protect
the health and safety of the occupants and the public.
(b) Requirements for the construction, alteration, or conversion
of commercial modulars shall be those contained, with reasonably
necessary additions or deletions, as adopted by department
regulations, in all of the following:
(1) The 1991 Edition of the Uniform Building Code, published by
the International Conference of Building Officials.
(2) The 1993 Edition of the National Electrical Code, published by
the National Fire Protection Association.
(3) The 1991 Edition of the Uniform Mechanical Code, published
jointly by the International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials.
(4) The 1991 Edition of the Uniform Plumbing Code, published by
the International Association of Plumbing and Mechanical Officials.
(c) (1) The department shall, on or after January 1, 2008, adopt
regulations for the construction, alteration, or conversion of
commercial modulars based on Parts 2, 3, 4, 5, and 6 of the
California Building Standards Code, as contained in Title 24 of the
California Code of Regulations, with appropriate additions,
deletions, and other implementing provisions. The regulations adopted
under this paragraph shall be placed within Title 25 of the
California Code of Regulations.
(2) The requirements promulgated by the department pursuant to
this section shall only apply to the construction, alteration, and
conversion of commercial modulars, and not to the use or operation of
commercial modulars.
(d) No municipality shall prohibit the use of commercial modulars
that bear a valid insignia, based on the date the insignia was
issued.
18028.5. (a) The provisions of Section 17920.9, and the rules and
regulations adopted pursuant thereto, shall be applicable to the
sale, offering for sale, or use in the construction of commercial
coaches and of manufactured homes and mobilehomes which are not
subject to the National Manufactured Housing Construction and Safety
Act of 1974 (42 U.S.C., Sec. 5401, et seq.), of any foam building
system, and to any such mobilehome or commercial coach in which that
system is used as a component.
(b) All manufactured homes, including mobilehomes manufactured on
or after June 15, 1976, shall comply with the National Manufactured
Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et
seq.).
18029. (a) It is unlawful for any person to alter or convert, or
cause to be altered or converted, the structural, fire safety,
plumbing, heat-producing, or electrical systems and installations or
equipment of a manufactured home, mobilehome, multifamily
manufactured home, special purpose commercial modular, or commercial
modular that bears a department insignia of approval or federal label
when the manufactured home, mobilehome, multifamily manufactured
home, special purpose commercial modular, or commercial modular is
used, occupied, sold, or offered for sale within this state, unless
its performance as altered or converted is in compliance with this
chapter and applicable regulations adopted by the department. The
department may adopt regulations providing requirements for
alterations and conversions described in this section.
(b) (1) Any person required by this chapter or the regulations
adopted pursuant to this chapter to file an application for an
alteration or conversion who fails to file that application shall pay
double the application fee prescribed for the alteration or
conversion by this chapter or by regulations adopted pursuant to this
chapter.
(2) Any person found for a second or subsequent time within a
five-year period to have failed to file an application for alteration
or conversion or causing the failure to file an application for
alteration or conversion for a manufactured home, mobilehome,
multifamily manufactured home, special purpose commercial modular, or
commercial modular shall pay 10 times the application fee prescribed
in this chapter or by the regulations adopted pursuant to this
chapter.
18029.3. (a) Any manufactured home, mobilehome, vehicle, or
transportable structure manufactured, remanufactured, altered, used,
or converted for use as a commercial coach or special purpose
commercial coach shall comply with this part and the regulations
adopted pursuant to this part relating to insignia and inspection
requirements, construction, fire safety, electrical, heating,
mechanical, plumbing, occupancy, and energy conservation.
(b) Special purpose commercial coach mobile food preparation units
shall also meet the requirements of Article 12 (commencing with
Section 114285) of Chapter 4 of Part 7 of Division 104 and the
regulations implementing, interpreting, and clarifying that article,
as enforced by the State Department of Health Services, which shall
supersede the requirements in this part and the regulations adopted
pursuant to this part in the event of a conflict.
18029.4. Any special purpose commercial coach which is designed,
manufactured, remanufactured, altered, used, or converted for use as
a module of a permanently constructed building shall comply with the
construction standards applicable to commercial coaches.
18029.5. (a) The department may adopt rules and regulations, which
it determines to be reasonably consistent with generally recognized
fire protection standards, governing conditions relating to the
prevention of fire or for the protection of life and property against
fire in manufactured homes, mobilehomes, special purpose commercial
coaches, and commercial coaches. All manufactured homes and
mobilehomes manufactured on or after June 15, 1976, shall comply with
the National Manufactured Housing Construction and Safety Act of
1974 (42 U.S.C. Sec. 5401, et seq.).
(b) The chief fire official of every city, county, city and
county, fire protection district, or other local fire protection
agency shall file a report on each manufactured home and mobilehome
fire occurring within his or her jurisdiction with the State Fire
Marshal. The report shall be made on forms provided by the State Fire
Marshal.
(c) The State Fire Marshal shall annually compile a statistical
report on all manufactured home and mobilehome fires occurring within
this state and shall furnish the department with a copy of the
report. The annual report shall include, but need not be limited to,
the number of manufactured home and mobilehome fires, the causes of
the fires, the monetary loss, and any casualties or fatalities
resulting from the fires.
18029.6. (a) (1) On or after January 1, 2009, all used manufactured
homes, used mobilehomes, and used multifamily manufactured homes
that are sold shall have a smoke alarm installed in each room
designed for sleeping that is operable on the date of transfer of
title. For manufactured homes and multifamily manufactured homes
manufactured on or after September 16, 2002, each smoke alarm shall
comply with the federal Manufactured Housing Construction and Safety
Standards Act. For manufactured homes and multifamily manufactured
homes manufactured before September 16, 2002, each smoke alarm shall
be installed in accordance with the terms of its listing and
installation requirements, and battery-powered smoke alarms shall be
acceptable for use when installed in accordance with the terms of
their listing and installation requirements.
(2) For manufactured homes and multifamily manufactured homes
manufactured before September 16, 2002, the smoke alarm manufacturer'
s information describing the operation, method and frequency of
testing, and proper maintenance of the smoke alarm shall be provided
to the purchaser for any smoke alarm installed pursuant to paragraph
(1).
(b) On or after January 1, 2009, the requirements of subdivision
(a) shall be satisfied if, within 45 days prior to the date of
transfer of title, the transferor signs a declaration stating that
each smoke alarm in the manufactured home, mobilehome, or multifamily
manufactured home is installed pursuant to subdivision (a) and is
operable on the date the declaration is signed.
(c) The department may promulgate rules and regulations to clarify
or implement this section.
(d) For sales of manufactured homes or mobilehomes installed on
real property pursuant to subdivision (a) of Section 18551, as to
real estate agents licensed pursuant to Division 4 (commencing with
Section 10000) of the Business and Professions Code, the real estate
licensee liability provisions of subdivisions (e), (f), and (g) of
Section 13113.8 shall apply to the disclosures required by this
section.
18030. (a) If the department determines that standards for
commercial coaches and special purpose commercial coaches prescribed
by the statutes or regulations of another state are at least equal to
the standards prescribed by the department, the department may so
provide by regulation. Thereafter, any commercial coaches or special
purpose commercial coaches which that other state has approved as
meeting its standards shall be deemed to meet the standards of the
department, if the department determines that the standards of the
other state are actually being enforced.
(b) In lieu of the procedure set forth in subdivision (a), the
department may contract with approved third-party entities for
enforcement of the applicable provisions of this part for commercial
coaches or special purpose commercial coaches manufactured outside
this state for sale within this state. Third-party entities may apply
to the department for enforcement authority pursuant to this
subdivision by providing evidence to the satisfaction of the
department that they satisfy all of the following criteria:
(1) They are independent and free from conflict of interest, have
the ability to enforce this part, and shall enforce this part without
an actual conflict of interest or any appearance of a conflict of
interest.
(2) They are adequately staffed with qualified personnel who can,
and shall, implement all provisions of the contract, including
monitoring, reporting, and enforcement.
(3) They have the authority, through contract or otherwise, and
the ability to obtain correction of defects detected or reported as a
result of their enforcement activities.
(4) They meet any other conditions of operation that the
department may reasonably incorporate into the contract.
(c) If the department enters into a contract authorized by
subdivision (b), the department may require cancellation clauses,
fees, personnel r