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SB-750 Housing: manufactured homes and mobilehomes: design and seismic requirements.(1993-1994)

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SB750:v90#DOCUMENT

Senate Bill No. 750
CHAPTER 240

An act to amend Section 18613.1 of, and to add Section 18613.4 to, the Health and Safety Code, relating to housing, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  July 21, 1994. Approved by Governor  July 20, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 750, Roberti. Housing: manufactured homes and mobilehomes: design and seismic requirements.
(1)  Existing law, known as the Mobilehome Parks Act, generally regulates the operation of mobilehome parks, as defined. The Mobilehome Parks Act provides that any person who willfully violates any of its provisions, or any building standards or other rules and regulations adopted pursuant to the act, is guilty of a misdemeanor.
Existing law provides that the requirements for installation of a manufactured home or mobilehome shall not exceed the requirements set forth in a specified provision of law.
This bill would instead provide that those requirements shall not exceed additional requirements specified by this bill. By expanding the applicable requirements, the willful violation of which would be subject to misdemeanor penalties, this bill would impose a state-mandated local program by creating a new crime.
This bill would require that all manufactured homes or mobilehomes, when initially installed or subsequently reinstalled on a different lot pursuant to a specified provision of law, to be installed to resist specified horizontal wind pressures or the design wind load, whichever is greater. It would specify the requirements applicable to the installation manufactured homes or mobilehomes whose installation requires tiedowns, where the manufacturer’s installation instructions are or are not available.
This bill would provide that all manufactured homes or mobilehomes may be installed or reinstalled in accordance with plans and specifications signed by a licensed architect or engineer that meet the requirements imposed by this bill. It would further require the manufactured homes or mobilehomes installed before the effective date of this bill that do not meet the standards imposed by this bill be reinstalled if federal funds are available for grants or direct payment of the additional installation costs.
This bill would require the Department of Housing and Community Development to develop standards for mechanical connections of the manufactured homes or mobilehomes and their footings.
This bill would require the Department of Housing and Community Development to adopt emergency regulations in accordance with a specified provision of the Administrative Procedure Act in order to implement the purposes of the bill. This bill would not apply to the installation of any manufactured home or mobilehome for which escrow has been opened in accordance with a specified provision of the Mobilehomes-Manufactured Homes Act of 1980 prior to the operative date of the bill. This bill would become operative 60 days after the date it is chaptered. (2)  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 no reimbursement is required by this act for a specified reason. (3)  The bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 18613.1 of the Health and Safety Code is amended to read:

18613.1.
 The requirements for any installation of a manufactured home or mobilehome shall not exceed the requirements set forth in Sections 18613 and 18613.4.

SEC. 2.

 Section 18613.4 is added to the Health and Safety Code, to read:

18613.4.
 (a)  All manufactured homes or mobilehomes, when initially installed or subsequently reinstalled on a different lot pursuant to Section 18613, shall be installed to resist, in conjunction with vertical loads, either forces from horizontal wind pressures of 15 pounds per square foot or the design wind load of the home, whichever is greater.
(b)  For the purposes of complying with subdivision (a), all manufactured homes or mobilehomes with manufacturer’s installation instructions that include requirements for tiedowns shall be installed in accordance with all of the following:
(1)  The manufacturer’s installation instructions.
(2)  If not included in the manufacturer’s installation instructions, a minimum of four additional tiedowns per section shall be installed to resist the same wind forces in the longitudinal direction of the manufactured home or mobilehome as the total of those forces required to be resisted in the transverse direction. No portion of the tiedown extending beyond the vertical plane of an exterior wall of the manufactured home or mobilehome shall be above the ground.
(3)  When used, concrete or steel piers shall have mechanical connections to the home and their footing that resist separation of the supports from the home and the footing. Mechanical connections shall not require modifications to the manufactured home or mobilehome.
(c)  For the purposes of complying with subdivision (a), when no manufacturer’s installation instructions are available that include requirements for tiedowns, the manufactured home or mobilehome shall be installed in accordance with both of the following:
(1)  Department regulations, which shall include requirements for tiedowns meeting the standards in subdivision (a).
(2)  The requirements specified in paragraphs (2) and (3) of subdivision (b).
(d)  For the purposes of complying with subdivision (a), all manufactured homes or mobilehomes may be installed or reinstalled in accordance with plans and specifications signed by a licensed architect or engineer that meet the requirements of this section.
(e)  Manufactured homes or mobilehomes installed before the effective date of the act that added this section that do not meet the standards in subdivision (a) and need to be reinstalled due to damage caused by wind or seismic forces shall be reinstalled to meet the requirements of subdivision (a) and paragraphs (2) and (3) of subdivision (b), if federal funds are available for grants or direct payment of the additional installation costs.
(f)  Nothing in this section prohibits the use of alternative materials, installation methods, devices, et cetera, as permitted in Section 18305, as long as the forces specified in subdivision (a) and in paragraph (2) of subdivision (b) are resisted.
(g)  The department shall adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code in order to implement the purposes of this section.
(h)  The department shall develop standards for mechanical connections for concrete block supports that connect the blocks to the manufactured homes or mobilehomes and their footing and resist the separation of the supports from the home and the footing. By the adoption of the act that adds this subdivision, it is not the intent of the Legislature that the concrete blocks used as vertical supports be required to be mechanically attached to the manufactured homes or mobilehomes and their footings.
(i)  This section shall not apply to the installation of any manufactured home or mobilehome for which escrow has been opened in accordance with Section 18035 prior to the operative date of the act that adds this section.
(j)  This section shall become operative 60 days after the date that the act that adds this section is chaptered.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that as many manufactured homes and mobilehomes as possible are protected at the earliest possible time from sudden devastation by earthquakes, it is necessary that this act take effect immediately.