Today's Law As Amended

PDF |Add To My Favorites |Track Bill | print page

AB-338 Manufactured housing: smoke alarms: emergency preparedness.(2019-2020)



SECTION 1.

 Section 18029.6 of the Health and Safety Code is amended to read:

18029.6.
 (a) (1) On or after  Beginning  January 1, 2009, 2020,  all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold on or after January 1, 2020, or rented pursuant to a rental agreement entered into on or after January 1, 2020,  shall have a smoke alarm installed in each room designed for sleeping that is operable on the date of rental or  transfer of title. For manufactured homes and multifamily manufactured homes manufactured on or after September 16, 2002, each  Each  smoke alarm shall comply with the federal National  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. Act of 1974 (42 U.S.C. Sec. 5401 et seq.) and have been approved and listed by the Office of the State Fire Marshal on or after January 1, 2014, pursuant to Section 13114. 
(2) For manufactured homes and multifamily manufactured homes manufactured before September 16, 2002, the  The  smoke alarm manufacturer’s information describing the operation, method and frequency of testing, and proper maintenance of the smoke alarm  all smoke alarms installed in the used manufactured home, used mobilehome, or used multifamily manufactured home  shall be provided to the purchaser for any smoke alarm installed pursuant to paragraph (1). or renter of the used manufactured home, used mobilehome, or used multifamily manufactured home. 
(b) On or after January 1, 2009, the  The  requirements of subdivision (a) shall be deemed  satisfied if, within 45 days prior to the date of rental or of  transfer of title, the lessor or 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 adopt  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.

SEC. 2.

 Section 18603 of the Health and Safety Code is amended to read:

18603.
 (a) In every park there shall be a person available by telephonic or like means, including telephones, cellular phones, telephone answering machines, answering services or pagers, or in person who shall be responsible for, and who shall reasonably respond in a timely manner to emergencies concerning, the operation and maintenance of the park. In every park with 50 or more units, that person or his or her  their  designee shall reside in the park, have knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park, and shall be familiar with the emergency preparedness plans for the park.
(b) (1) On or before September 1, 2010, an owner or operator of an existing park shall adopt an emergency preparedness plan.
(2) For a park constructed after September 1, 2010, an owner or operator of a park shall adopt a plan in accordance with this section prior to the issuance of the permit to operate.
(3) An owner or operator may comply with paragraph (1) by either of the following methods:
(A) Adopting the emergency procedures and plans approved by the Standardized Emergency Management System Advisory Board on November 21, 1997, entitled “Emergency Plans for Mobilehome Parks,” and compiled by the Office of Emergency Services in compliance with the Governor’s Executive Order W-156-97, or any subsequent version.
(B) Adopting a plan that is developed by the park management and is comparable to the procedures and plans specified in subparagraph (A).
(c) For an existing park, and in the case of a park constructed after September 10, 2010, prior to the issuance of the permit to operate,  In every park,  an owner or operator of a park shall do both of the following:
(1) Post notice of the emergency preparedness plan in the park clubhouse or in another conspicuous  publicly accessible  area within the mobilehome park.
(2) On or before September 10, 2010, provide notice  Provide notice annually to all existing residents  of how to access the plan and information on individual emergency preparedness information from the appropriate state or local agencies, including, but not limited to, the Office of Emergency Services, to all existing residents and,  contained therein and how to obtain the plan in a language other than English. This notice shall also be provided,  upon approval of tenancy, for to  all new residents thereafter.  residents.  This may be accomplished in a manner that includes, but is not limited to, distribution of materials and posting notice of the plan or information on how to access the plan via the Internet. internet. 
(d) An enforcement agency shall determine whether park management is in compliance with this section. The agency may ascertain compliance by receipt of a copy of the plan during site inspections conducted in response to complaints of alleged violations, or for any other reason.
(e) Notwithstanding any other provision of this part, a violation of this section shall constitute an unreasonable risk to life, health, or safety and shall be corrected by park management within 60 days of notice of the violation.

SEC. 3.

 Section 18603.1 is added to the Health and Safety Code, to read:

18603.1.
 (a) The owner or operator of a park shall make the emergency preparedness plan required by Section 18603 available in English as well as in all of the languages that the department is required to translate its forms and processes into pursuant to Section 7299.3 of the Government Code. The department shall provide translation services to the park operator or owner to fulfill the requirements of this subdivision. The department shall translate Part II of the document referenced in subparagraph (A) of paragraph (3) of subdivision (b) of Section 18603 into all of the languages that the department is required to translate its forms and processes into pursuant to Section 7299.3 of the Government Code. The department shall post these translations on its internet website.
(b) An enforcement agency shall determine whether park management is in compliance with this section. The agency may ascertain compliance by receipt of a copy of the plan during site inspections conducted in response to complaints of alleged violations, or for any other reason.
(c) Notwithstanding any other provision of this part, a violation of this section shall constitute an unreasonable risk to life, health, or safety and shall be corrected by park management within 60 days of notice of the violation.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.