18550. It is unlawful for any person to use or cause, or permit to
be used for occupancy, any of the following manufactured homes or
mobilehomes wherever the manufactured homes or mobilehomes are
located, or recreational vehicles located in mobilehome parks:
(a) Any manufactured home, mobilehome, or recreational vehicle
supplied with fuel, gas, water, electricity, or sewage connections,
unless the connections and installations conform to regulations of
the department.
(b) Any manufactured home, mobilehome, or recreational vehicle
that is permanently attached with underpinning or foundation to the
ground, except for a manufactured home or mobilehome bearing a
department insignia or federal label, that is installed in accordance
with this part.
(c) Any manufactured home or mobilehome that does not conform to
the registration requirements of the department.
(d) Any manufactured home, mobilehome, or recreational vehicle in
an unsafe or unsanitary condition.
(e) Any manufactured home, mobilehome, or recreational vehicle
that is structurally unsound and does not protect its occupants
against the elements.
18550.5. (a) An owner of a manufactured home or mobilehome may
remove or cause to be removed the towbar, wheels, wheel hubs, or
axles from a manufactured home or mobilehome.
(b) A dealer may remove the towbar, wheels, wheel hubs, or axles
from a manufactured home or mobilehome only if such act is in
accordance with the purchase document and subdivision (a) of Section
18035.3.
(c) A manufacturer may deliver a manufactured home or mobilehome
to a dealer without the towbar, wheels, wheel hubs, or axles or may
remove or cause those items to be removed if the manufacturer
complies with the provisions of Section 18032.
18551. The department shall establish regulations for manufactured
home, mobilehome, and commercial coach foundation systems that shall
be applicable throughout the state. When established, these
regulations supersede any ordinance enacted by any city, county, or
city and county applicable to manufactured home, mobilehome, and
commercial coach foundation systems. The department may approve
alternate foundation systems to those provided by regulation where
the department is satisfied of equivalent performance. The department
shall document approval of alternate systems by its stamp of
approval on the plans and specifications for the alternate foundation
system. A manufactured home, mobilehome, or commercial coach may be
installed on a foundation system as either a fixture or improvement
to the real property, in accordance with subdivision (a), or a
manufactured home or mobilehome may be installed on a foundation
system as a chattel, in accordance with subdivision (b).
(a) Installation of a manufactured home, mobile home, or
commercial coach as a fixture or improvement to the real property
shall comply with all of the following:
(1) Prior to installation of a manufactured home, mobilehome, or
commercial coach on a foundation system, the manufactured home,
mobilehome, or commercial coach owner or a licensed contractor shall
obtain a building permit from the appropriate enforcement agency. To
obtain a permit, the owner or contractor shall provide the following:
(A) Written evidence acceptable to the enforcement agency that the
manufactured home, mobilehome, or commercial coach owner owns, holds
title to, or is purchasing the real property where the mobilehome is
to be installed on a foundation system. A lease held by the
manufactured home, mobilehome, or commercial coach owner, that is
transferable, for the exclusive use of the real property where the
manufactured home, mobilehome, or commercial coach is to be
installed, shall be deemed to comply with this paragraph if the lease
is for a term of 35 years or more, or if less than 35 years, for a
term mutually agreed upon by the lessor and lessee, and the term of
the lease is not revocable at the discretion of the lessor except for
cause, as described in subdivisions 2 to 5, inclusive, of Section
1161 of the Code of Civil Procedure.
(B) Written evidence acceptable to the enforcement agency that the
registered owner owns the manufactured home, mobilehome, or
commercial coach free of any liens or encumbrances or, in the event
that the legal owner is not the registered owner, or liens and
encumbrances exist on the manufactured home, mobilehome, or
commercial coach, written evidence provided by the legal owner and
any lienors or encumbrancers that the legal owner, lienor, or
encumbrancer consents to the attachment of the manufactured home,
mobilehome, or commercial coach upon the discharge of any personal
lien, that may be conditioned upon the satisfaction by the registered
owner of the obligation secured by the lien.
(C) Plans and specifications required by department regulations or
a department-approved alternate for the manufactured home,
mobilehome, or commercial coach foundation system.
(D) The manufactured home, mobilehome, or commercial coach
manufacturer's installation instructions, or plans and specifications
signed by a California licensed architect or engineer covering the
installation of an individual manufactured home, mobilehome, or
commercial coach in the absence of the manufactured home, mobilehome,
or commercial coach manufacturer's instructions.
(E) Building permit fees established by ordinance or regulation of
the appropriate enforcement agency.
(F) A fee payable to the department in the amount of eleven
dollars ($11) for each transportable section of the manufactured
home, mobilehome, or commercial coach, that shall be transmitted to
the department at the time the certificate of occupancy is issued
with a copy of the building permit and any other information
concerning the manufactured home, mobilehome, or commercial coach
which the department may prescribe on forms provided by the
department.
(2) (A) On the same day that the certificate of occupancy for the
manufactured home, mobilehome, or commercial coach is issued by the
appropriate enforcement agency, the enforcement agency shall record
with the county recorder of the county where the real property is
situated, that the manufactured home, mobilehome, or commercial coach
has been installed upon, a document naming the owner of the real
property, describing the real property with certainty, and stating
that a manufactured home, mobilehome, or commercial coach has been
affixed to that real property by installation on a foundation system
pursuant to this subdivision.
(B) When recorded, the document referred to in subparagraph (A)
shall be indexed by the county recorder to the named owner and shall
be deemed to give constructive notice as to its contents to all
persons thereafter dealing with the real property.
(C) Fees received by the department pursuant to subparagraph (F)
of paragraph (1) shall be deposited in the Mobilehome-Manufactured
Home Revolving Fund established under subdivision (a) of Section
18016.5.
(3) The department shall adopt regulations providing for the
cancellation of registration of a manufactured home, mobilehome, or
commercial coach that is permanently attached to the ground on a
foundation system pursuant to subdivision (a). The regulations shall
provide for the surrender to the department of the certificate of
title and other indicia of registration. For the purposes of this
subdivision, permanent affixation to a foundation system shall be
deemed to have occurred on the day a certificate of occupancy is
issued to the manufactured home, mobilehome, or commercial coach
owner and the document referred to in subparagraph (A) of paragraph
(2) is recorded. Cancellation shall be effective as of that date and
the department shall enter the cancellation on its records upon
receipt of a copy of the certificate of occupancy. This subdivision
shall not be construed to affect the application of existing laws, or
the department's regulations or procedures with regard to the
cancellation of registration, except as to the requirement therefor
and the effective date thereof.
(4) Once installed on a foundation system in compliance with this
subdivision, a manufactured home, mobilehome, or commercial coach
shall be deemed a fixture and a real property improvement to the real
property to which it is affixed. Physical removal of the
manufactured home, mobilehome, or commercial coach shall thereafter
be prohibited without the consent of all persons or entities who, at
the time of removal, have title to any estate or interest in the real
property to which the manufactured home, mobilehome, or commercial
coach is affixed.
(5) For the purposes of this subdivision:
(A) "Physical removal" shall include, without limitation, the
unattaching of the manufactured home, mobilehome, or commercial coach
from the foundation system, except for temporary purposes of repair
or improvement thereto.
(B) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
(6) At least 30 days prior to a legal removal of the manufactured
home, mobilehome, or commercial coach from the foundation system and
transportation away from the real property to which it was formerly
affixed, the manufactured home, mobilehome, or commercial coach owner
shall notify the department and the county assessor of the intended
removal of the manufactured home, mobilehome, or commercial coach.
The department shall require written evidence that the necessary
consents have been obtained pursuant to this section and shall
require application for either a transportation permit or
manufactured home, mobilehome, or commercial coach registration, as
the department may decide is appropriate to the circumstances.
Immediately upon removal, as defined in this section, the
manufactured home, mobilehome, or commercial coach shall be deemed to
have become personal property and subject to all laws governing the
same as applicable to a manufactured home, mobilehome, or commercial
coach.
(b) The installation of a manufactured home or a mobilehome on a
foundation system as chattel shall be in accordance with Section
18613 and shall be deemed to meet or exceed the requirements of
Section 18613.4. This subdivision shall not be construed to affect
the application of sales and use or property taxes. No provisions of
this subdivision are intended, nor shall they be construed, to affect
the ownership interest of any owner of a manufactured home or
mobilehome.
(c) Once installed on a foundation system, a manufactured home,
mobilehome, or commercial coach shall be subject to state enforced
health and safety standards for manufactured homes, mobilehomes, or
commercial coaches enforced pursuant to Section 18020.
(d) No local agency shall require that any manufactured home,
mobilehome, or commercial coach currently on private property be
placed on a foundation system.
(e) No local agency shall require that any manufactured home or
mobilehome located in a mobilehome park be placed on a foundation
system.
(f) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative, or
condominium for mobilehomes, that any manufactured home or mobilehome
located there be placed on a foundation system. This subdivision
shall only apply to the conversion of a rental mobilehome park that
has been operated as a rental mobilehome park for a minimum period of
five years.
18551.1. (a) Any mobilehome park, constructed on or after January
1, 1982, may be constructed in a manner that will enable manufactured
homes, mobilehomes, and multiunit manufactured housing sited in the
park to be placed upon a foundation system, and manufactured homes,
mobilehomes, and multiunit manufactured housing sited in the park may
be placed upon foundation systems, subject to the requirements of
Section 18551.
(b) Notwithstanding subdivision (a), any manufactured home,
mobilehome, or multiunit manufactured housing originally sited on or
after January 1, 1985, in a mobilehome park constructed prior to
January 1, 1982, may be placed upon a foundation system, subject to
the requirements of Section 18551.
(c) Notwithstanding subdivisions (a) and (b), any manufactured
home, mobilehome, or multiunit manufactured housing sited in a
mobilehome park which is converted, or in the process of being
converted, to resident ownership on or after January 1, 1992, may be
placed on a foundation system, subject to the requirements of Section
18551, and with the approval of the ownership of the park.
(d) With respect to any manufactured home, mobilehome, or
multiunit manufactured home sited in a mobilehome park under
subdivision (a), (b), or (c), no single structure shall exceed two
stories in height.
(e) Notwithstanding subdivisions (a) and (b), the installation of
a manufactured home, mobilehome, or multiunit manufactured housing
within a mobilehome park pursuant to Section 18551 shall be subject
to prior written approval by the ownership of the mobilehome park.
(f) The number of dwelling units per structure for any
manufactured home or mobilehome consisting of two or more dwelling
units, or multiunit manufactured housing, sited in a mobilehome park
on or after January 1, 2003, shall conform to a zone designation or
conditional use permit that currently applies to the park or an
amended or new zone designation or conditional use permit that is
additionally granted to the park.
18552. (a) The department shall adopt and submit building standards
for approval pursuant to Chapter 4 (commencing with Section 18935)
of Part 2.5, and the department shall adopt other regulations for
manufactured home or mobilehome accessory buildings or structures.
The regulations adopted by the department shall provide for the
construction, location, and use of manufactured home or mobilehome
accessory buildings or structures to protect the health and safety of
the occupants and the public, and shall be enforced by the
appropriate enforcement agency.
(b) A manufactured home or accessory building or structure may be
installed in a mobilehome park above 4,000 feet in elevation at the
option of the owner of the home and after approval by the park
operator only if the installation is consistent with one of the
following:
(1) If the manufactured home or accessory building or structure
does not have the capacity to resist the minimum snow loads as
established for residential buildings by local ordinance, the
manufactured home or accessory building or structure must have the
capacity to resist a roof live load of at least 60 pounds per square
foot and may only be installed in a mobilehome park that has and is
operating an approved snow roof load maintenance program, as defined
by the department. The installation shall comply with all other
applicable requirements of this part and the regulations adopted
pursuant to this part and shall be approved by the enforcement
agency. The approval of the snow roof load maintenance program shall
be identified on the permit to operate.
(2) If the manufactured home or accessory building or structure
does not have the capacity to resist the minimum snow loads
established by local ordinance for residential buildings, the
manufactured home or accessory building or structure may only be
installed if it is protected by a ramada designed to resist the
minimum snow loads established by local ordinance and constructed
pursuant to this part and regulations adopted pursuant to this part.
The plans and specifications for the construction of the ramada and
the installation of the home shall be approved by the enforcement
agency.
(3) If a manufactured home or accessory building or structure has
the capacity to resist the minimum snow loads established by local
ordinance for residential buildings, an approved snow roof load
maintenance program or ramada is not required for that home or
accessory building or structure.
(c) Before installing a manufactured home or accessory building or
structure pursuant to paragraph (1) of subdivision (b), the operator
of a park shall request and obtain approval from the enforcement
agency for its existing or proposed snow roof load maintenance
program. The enforcement agency's approval shall be based on relevant
factors identified in the regulations of the department and shall
include, but not be limited to, the types of maintenance to be used
to control or remove snow accumulation and the capacity and
capability of personnel and equipment proposed to satisfactorily
perform the snow roof load maintenance program. The request for
approval shall specify the type of maintenance to be used to control
snow accumulation and shall demonstrate the capacity and capability
of necessary personnel or its equivalent to satisfactorily perform
the snow roof load maintenance program.
18554. (a) It is unlawful to permit any wastewater, sewage, or
waste material from any plumbing fixtures in a park, any park sewage
or waste disposal system, or any plumbing fixtures in a manufactured
home, mobilehome, recreational vehicle, accessory structure, or
permanent building in the park, to be discharged onto or deposited
upon the surface of the ground.
(b) The enforcement agency may order the removal, sanitation, or
both, of any wastewater, sewage, or waste material discharged onto or
deposited upon the surface of the ground, or may require the
removal, sanitation, or both, of the wastewater, sewage, or waste
material, in a manner consistent with the requirements of, and in
consultation with, the local health department or agency.
(c) Pursuant to this section, the registered owner of a
mobilehome, manufactured home, or recreational vehicle shall be
responsible for complying with an order, or the correction of a
citation, issued by the enforcement agency, and the costs of that
order, whenever wastewater, sewage, or waste material is discharged
onto or deposited upon the surface of the ground as a result of leaks
from plumbing fixtures in a manufactured home, mobilehome, or
recreational vehicle, or accessory structure, or whenever those leaks
come from plumbing on the space or lot that connects the home or
recreational vehicle or accessory structure to the park's sewer,
septic, or drain system on the home or vehicle registered owner's
side of the connection, if the discharge or deposit is determined by
the enforcement agency to be the fault of the registered owner of the
home or recreational vehicle.
(d) Except as provided in Section 18930, the department may adopt
any rules and regulations that it determines are reasonably necessary
for the protection of life and property and to carry out the
purposes of this section.
18555. (a) Notwithstanding any other provision of law, the
registered owner of a manufactured home or mobilehome in a mobilehome
park, converted or proposed to be converted to a resident-owned
subdivision, cooperative, condominium, or nonprofit corporation
formed pursuant to Section 11010.8 of the Business and Professions
Code, may, if the registered owner is also a participant in the
resident ownership, apply for voluntary conversion of the
manufactured home or mobilehome to a fixture and improvement to the
underlying real property without compliance with subdivision (a) of
Section 18551.
(b) The resident ownership or proposed resident ownership of a
mobilehome park converted or proposed to be converted to a
resident-owned subdivision, cooperative, condominium, or nonprofit
corporation formed pursuant to Section 11010.8 of the Business and
Professions Code, shall, on behalf of registered owners of
manufactured homes and mobilehomes making application pursuant to
subdivision (a), establish with an escrow agent an escrow account.
All of the following shall be deposited into the escrow account:
(1) A copy of the registered owner's application, on a form,
provided by the department, that shall be substantially similar to
forms presently used to record the installation of manufactured homes
and mobilehomes on foundation systems pursuant to subdivision (a) of
Section 18551. In addition, by signature of an authorized
representative, the form shall contain provisions for certification
by the resident ownership of the mobilehome park converted or
proposed to be converted to a subdivision, cooperative, or
condominium that the applicant is a participant in the
resident-ownership.
(2) The certificate of title, the current registration card,
decals, and other indicia of registration of the manufactured home or
mobilehome.
(3) In the absence of a certificate of title for the manufactured
home or mobilehome, written evidence from lienholders on record with
the department that the lienholders consent to conversion of the
manufactured home or mobilehome to a fixture and improvement to the
underlying real property upon the discharge of any personal lien,
that may be conditioned upon the satisfaction by the registered owner
of the obligation secured by the lien.
(4) A fee payable to the department in the amount of twenty-two
dollars ($22), for each transportable section of the manufactured
home or mobilehome, that shall be transmitted to the department upon
close of escrow with a copy of the form recorded with the county
recorder's office pursuant to paragraph (2) of subdivision (c). Fees
received by the department pursuant to this section shall be
deposited in the Mobilehome-Manufactured Home Revolving Fund
established under subdivision (a) of Section 18016.5 for
administration of Part 2 (commencing with Section 18000).
(5) Escrow instructions describing the terms and conditions of
compliance with this section, the requirements of the department, and
other applicable terms and conditions.
(c) If the manufactured home or mobilehome is subject to local
property taxation, and subject to registration under Part 2
(commencing with Section 18000), the escrow officer shall forward to
the tax collector of the county where the used manufactured home or
mobilehome is located, a written demand for a tax clearance
certificate if no liability exists, or a conditional tax clearance
certificate if a tax liability exists, to be provided on a form
prescribed by the Controller. The conditional tax clearance
certificate shall state the amount of the tax liability due, if any,
and the final date that amount may be paid out of the proceeds of
escrow before a further tax liability may be incurred.
(1) Within five working days of receipt of the written demand for
a conditional tax clearance certificate or a tax clearance
certificate, the county tax collector shall forward the conditional
tax clearance certificate or a tax clearance certificate showing that
no tax liability exists to the requesting escrow officer. In the
event the tax clearance certificate's or conditional tax clearance
certificate's final due date expires within 30 days of the date of
issuance, an additional conditional tax clearance certificate or a
tax clearance certificate shall be completed that has a final due
date of at least 30 days beyond the date of issuance.
(2) If the tax collector to whom the written demand for a tax
clearance certificate or a conditional tax clearance certificate was
made fails to comply with that demand within 30 days from the date
the demand was mailed, the escrow officer may close the escrow and
submit a statement of facts certifying that the written demand was
made on the tax collector and the tax collector failed to comply with
that written demand within 30 days. This statement of facts shall be
accepted by the department and all other parties to the conversion
in lieu of a conditional tax clearance certificate or a tax clearance
certificate, as prescribed by subdivision (a) of Section 18092.7,
and the conversion of the manufactured home or mobilehome to a
fixture and improvement to the underlying real property may be
completed.
(3) The escrow officer may satisfy the terms of the conditional
tax clearance certificate by paying the amount of tax liability shown
on the form by the tax collector out of the proceeds of escrow on or
before the date indicated on the form and by certifying in the space
provided on the form that all terms and conditions of the
conditional tax clearance certificate have been complied with.
(d) (1) On the same or following day that the escrow required by
subdivision (b) is closed, the escrow agent shall record, or cause to
be recorded, with the county recorder of the county where the
converted manufactured home or mobilehome is situated, the form
prescribed by paragraph (1) of subdivision (b) stating that the
manufactured home or mobilehome has been converted to a fixture and
improvement to the underlying real property pursuant to this section.
(2) When recorded, the form referred to in paragraph (1) of
subdivision (b) shall be indexed by the county recorder to the named
owner of the converted manufactured home or mobilehome, and shall be
deemed to give constructive notice as to its contents to all persons
thereafter dealing with the real property.
(e) The department shall cancel the registration of a manufactured
home or mobilehome converted to a fixture and improvement to the
underlying real property pursuant to this section. For the purposes
of this subdivision, conversion of the manufactured home to a fixture
and improvement to the underlying real property shall be deemed to
have occurred on the day a form referred to in paragraph (1) of
subdivision (b) is recorded. Cancellation shall be effective as of
that date, and the department shall enter the cancellation on its
records upon receipt of a copy of the form recorded pursuant to
paragraph (1) of subdivision (c), the certificate of title, the
current registration card, other indicia of registration, and fees
prescribed by this section. This subdivision shall not be construed
to affect the application of existing laws, or the department's
regulations or procedures with regard to the cancellation of
registration, except as to the requirement therefor and the effective
date thereof.
(f) Once the form referred to in paragraph (1) of subdivision (b)
has been recorded, a manufactured home or mobilehome shall be deemed
a fixture and improvement to the underlying real property described
with certainty on the form. Physical removal of the manufactured home
or mobilehome from the real property where it has become a fixture
and improvement pursuant to this section shall thereafter be
prohibited without the consent of all persons or entities who, at the
time of removal, have title to any estate or interest in the real
property where the manufactured home or mobilehome has become a
fixture and improvement.
(g) For the purposes of this section:
(1) "Physical removal" shall include, without limitation, the
manufactured home, mobilehome, or any transportable section thereof,
from the real property where it has become a fixture and improvement.
(2) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
(h) At least 30 days prior to a legal removal of the manufactured
home or mobilehome from the real property where it has become a
fixture and improvement and transportation away from the real
property, the manufactured home or mobilehome owner shall notify the
department and the county assessor of the intended removal of the
manufactured home or mobilehome. The department shall require written
evidence that the necessary consents have been obtained pursuant to
this section, and shall require application for either a
transportation permit or manufactured home or mobilehome
registration, as the department may decide is appropriate to the
circumstances. Immediately upon removal, as defined in this section,
the manufactured home or mobilehome shall be deemed to have become
personal property and subject to all laws governing the same as
applicable to a manufactured home or mobilehome.
(i) Notwithstanding any other provision of law, any manufactured
home or mobilehome not installed on a foundation system pursuant to
subdivision (a) of Section 18551 or converted to a fixture and
improvement to real property as prescribed by this section shall not
be deemed a fixture or improvement to the real property. This
subdivision shall not be construed to affect the application of sales
and use or property taxes.
(j) Once converted to a fixture and improvement to real property,
a manufactured home or mobilehome shall be subject to state-enforced
health and safety standards for manufactured homes or mobilehomes
enforced pursuant to Section 18020.
(k) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative,
condominium, or nonprofit corporation formed pursuant to Section
11010.8 of the Business and Professions Code for manufactured homes
or mobilehomes, that any manufactured home or mobilehome located
there be converted to a fixture and improvement to the underlying
real property.
( l) The department is authorized to 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.
18601. The department shall adopt regulations to ensure adequate
animal control within parks.
18602. In every park there shall be installed and kept burning from
sunset to sunrise sufficient artificial light to adequately
illuminate every building containing toilets and showers, and
roadways and walkways within the park.
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 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 California Emergency Management Agency 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, 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 area within the mobilehome park.
(2) On or before September 10, 2010, provide notice 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 California Emergency Management Agency, to
all existing residents and, upon approval of tenancy, for all new
residents thereafter. 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.
(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.
18604. (a) No manufactured home, mobilehome, or recreational
vehicle within a park shall be rented or leased unless it bears a
label, an insignia, or an insignia of approval required by Section
18026 or 18027.3, or a federal label issued pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. Sec. 5401 et seq.).
(b) A recreational vehicle that does not bear a label, an
insignia, or an insignia of approval, as required by subdivision (f)
or (g) of Section 18027.3, may not occupy any lot in a special
occupancy park unless the vehicle owner provides reasonable proof of
compliance with ANSI Standard No. A119.2 or A119.5. A department
label or insignia shall constitute one form of reasonable proof of
compliance with ANSI standards. This subdivision does not apply to a
recreational vehicle occupying a lot in a special occupancy park on
December 31, 1998, unless the vehicle is moved to a different special
occupancy park on or after January 1, 1999.
18605. The department shall adopt regulations to govern the use and
occupancy of manufactured homes, mobilehomes, and recreational
vehicles. These regulations shall establish minimum requirements to
protect the health and safety of the occupants and the public, and
shall also provide for the repair or abatement of any unsafe or
unsanitary condition of the manufactured home, mobilehome, or
recreational vehicle or of the electrical, mechanical, or plumbing
installations therein.
18550. It is unlawful for any person to use or cause, or permit to
be used for occupancy, any of the following manufactured homes or
mobilehomes wherever the manufactured homes or mobilehomes are
located, or recreational vehicles located in mobilehome parks:
(a) Any manufactured home, mobilehome, or recreational vehicle
supplied with fuel, gas, water, electricity, or sewage connections,
unless the connections and installations conform to regulations of
the department.
(b) Any manufactured home, mobilehome, or recreational vehicle
that is permanently attached with underpinning or foundation to the
ground, except for a manufactured home or mobilehome bearing a
department insignia or federal label, that is installed in accordance
with this part.
(c) Any manufactured home or mobilehome that does not conform to
the registration requirements of the department.
(d) Any manufactured home, mobilehome, or recreational vehicle in
an unsafe or unsanitary condition.
(e) Any manufactured home, mobilehome, or recreational vehicle
that is structurally unsound and does not protect its occupants
against the elements.
18550.5. (a) An owner of a manufactured home or mobilehome may
remove or cause to be removed the towbar, wheels, wheel hubs, or
axles from a manufactured home or mobilehome.
(b) A dealer may remove the towbar, wheels, wheel hubs, or axles
from a manufactured home or mobilehome only if such act is in
accordance with the purchase document and subdivision (a) of Section
18035.3.
(c) A manufacturer may deliver a manufactured home or mobilehome
to a dealer without the towbar, wheels, wheel hubs, or axles or may
remove or cause those items to be removed if the manufacturer
complies with the provisions of Section 18032.
18551. The department shall establish regulations for manufactured
home, mobilehome, and commercial coach foundation systems that shall
be applicable throughout the state. When established, these
regulations supersede any ordinance enacted by any city, county, or
city and county applicable to manufactured home, mobilehome, and
commercial coach foundation systems. The department may approve
alternate foundation systems to those provided by regulation where
the department is satisfied of equivalent performance. The department
shall document approval of alternate systems by its stamp of
approval on the plans and specifications for the alternate foundation
system. A manufactured home, mobilehome, or commercial coach may be
installed on a foundation system as either a fixture or improvement
to the real property, in accordance with subdivision (a), or a
manufactured home or mobilehome may be installed on a foundation
system as a chattel, in accordance with subdivision (b).
(a) Installation of a manufactured home, mobile home, or
commercial coach as a fixture or improvement to the real property
shall comply with all of the following:
(1) Prior to installation of a manufactured home, mobilehome, or
commercial coach on a foundation system, the manufactured home,
mobilehome, or commercial coach owner or a licensed contractor shall
obtain a building permit from the appropriate enforcement agency. To
obtain a permit, the owner or contractor shall provide the following:
(A) Written evidence acceptable to the enforcement agency that the
manufactured home, mobilehome, or commercial coach owner owns, holds
title to, or is purchasing the real property where the mobilehome is
to be installed on a foundation system. A lease held by the
manufactured home, mobilehome, or commercial coach owner, that is
transferable, for the exclusive use of the real property where the
manufactured home, mobilehome, or commercial coach is to be
installed, shall be deemed to comply with this paragraph if the lease
is for a term of 35 years or more, or if less than 35 years, for a
term mutually agreed upon by the lessor and lessee, and the term of
the lease is not revocable at the discretion of the lessor except for
cause, as described in subdivisions 2 to 5, inclusive, of Section
1161 of the Code of Civil Procedure.
(B) Written evidence acceptable to the enforcement agency that the
registered owner owns the manufactured home, mobilehome, or
commercial coach free of any liens or encumbrances or, in the event
that the legal owner is not the registered owner, or liens and
encumbrances exist on the manufactured home, mobilehome, or
commercial coach, written evidence provided by the legal owner and
any lienors or encumbrancers that the legal owner, lienor, or
encumbrancer consents to the attachment of the manufactured home,
mobilehome, or commercial coach upon the discharge of any personal
lien, that may be conditioned upon the satisfaction by the registered
owner of the obligation secured by the lien.
(C) Plans and specifications required by department regulations or
a department-approved alternate for the manufactured home,
mobilehome, or commercial coach foundation system.
(D) The manufactured home, mobilehome, or commercial coach
manufacturer's installation instructions, or plans and specifications
signed by a California licensed architect or engineer covering the
installation of an individual manufactured home, mobilehome, or
commercial coach in the absence of the manufactured home, mobilehome,
or commercial coach manufacturer's instructions.
(E) Building permit fees established by ordinance or regulation of
the appropriate enforcement agency.
(F) A fee payable to the department in the amount of eleven
dollars ($11) for each transportable section of the manufactured
home, mobilehome, or commercial coach, that shall be transmitted to
the department at the time the certificate of occupancy is issued
with a copy of the building permit and any other information
concerning the manufactured home, mobilehome, or commercial coach
which the department may prescribe on forms provided by the
department.
(2) (A) On the same day that the certificate of occupancy for the
manufactured home, mobilehome, or commercial coach is issued by the
appropriate enforcement agency, the enforcement agency shall record
with the county recorder of the county where the real property is
situated, that the manufactured home, mobilehome, or commercial coach
has been installed upon, a document naming the owner of the real
property, describing the real property with certainty, and stating
that a manufactured home, mobilehome, or commercial coach has been
affixed to that real property by installation on a foundation system
pursuant to this subdivision.
(B) When recorded, the document referred to in subparagraph (A)
shall be indexed by the county recorder to the named owner and shall
be deemed to give constructive notice as to its contents to all
persons thereafter dealing with the real property.
(C) Fees received by the department pursuant to subparagraph (F)
of paragraph (1) shall be deposited in the Mobilehome-Manufactured
Home Revolving Fund established under subdivision (a) of Section
18016.5.
(3) The department shall adopt regulations providing for the
cancellation of registration of a manufactured home, mobilehome, or
commercial coach that is permanently attached to the ground on a
foundation system pursuant to subdivision (a). The regulations shall
provide for the surrender to the department of the certificate of
title and other indicia of registration. For the purposes of this
subdivision, permanent affixation to a foundation system shall be
deemed to have occurred on the day a certificate of occupancy is
issued to the manufactured home, mobilehome, or commercial coach
owner and the document referred to in subparagraph (A) of paragraph
(2) is recorded. Cancellation shall be effective as of that date and
the department shall enter the cancellation on its records upon
receipt of a copy of the certificate of occupancy. This subdivision
shall not be construed to affect the application of existing laws, or
the department's regulations or procedures with regard to the
cancellation of registration, except as to the requirement therefor
and the effective date thereof.
(4) Once installed on a foundation system in compliance with this
subdivision, a manufactured home, mobilehome, or commercial coach
shall be deemed a fixture and a real property improvement to the real
property to which it is affixed. Physical removal of the
manufactured home, mobilehome, or commercial coach shall thereafter
be prohibited without the consent of all persons or entities who, at
the time of removal, have title to any estate or interest in the real
property to which the manufactured home, mobilehome, or commercial
coach is affixed.
(5) For the purposes of this subdivision:
(A) "Physical removal" shall include, without limitation, the
unattaching of the manufactured home, mobilehome, or commercial coach
from the foundation system, except for temporary purposes of repair
or improvement thereto.
(B) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
(6) At least 30 days prior to a legal removal of the manufactured
home, mobilehome, or commercial coach from the foundation system and
transportation away from the real property to which it was formerly
affixed, the manufactured home, mobilehome, or commercial coach owner
shall notify the department and the county assessor of the intended
removal of the manufactured home, mobilehome, or commercial coach.
The department shall require written evidence that the necessary
consents have been obtained pursuant to this section and shall
require application for either a transportation permit or
manufactured home, mobilehome, or commercial coach registration, as
the department may decide is appropriate to the circumstances.
Immediately upon removal, as defined in this section, the
manufactured home, mobilehome, or commercial coach shall be deemed to
have become personal property and subject to all laws governing the
same as applicable to a manufactured home, mobilehome, or commercial
coach.
(b) The installation of a manufactured home or a mobilehome on a
foundation system as chattel shall be in accordance with Section
18613 and shall be deemed to meet or exceed the requirements of
Section 18613.4. This subdivision shall not be construed to affect
the application of sales and use or property taxes. No provisions of
this subdivision are intended, nor shall they be construed, to affect
the ownership interest of any owner of a manufactured home or
mobilehome.
(c) Once installed on a foundation system, a manufactured home,
mobilehome, or commercial coach shall be subject to state enforced
health and safety standards for manufactured homes, mobilehomes, or
commercial coaches enforced pursuant to Section 18020.
(d) No local agency shall require that any manufactured home,
mobilehome, or commercial coach currently on private property be
placed on a foundation system.
(e) No local agency shall require that any manufactured home or
mobilehome located in a mobilehome park be placed on a foundation
system.
(f) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative, or
condominium for mobilehomes, that any manufactured home or mobilehome
located there be placed on a foundation system. This subdivision
shall only apply to the conversion of a rental mobilehome park that
has been operated as a rental mobilehome park for a minimum period of
five years.
18551.1. (a) Any mobilehome park, constructed on or after January
1, 1982, may be constructed in a manner that will enable manufactured
homes, mobilehomes, and multiunit manufactured housing sited in the
park to be placed upon a foundation system, and manufactured homes,
mobilehomes, and multiunit manufactured housing sited in the park may
be placed upon foundation systems, subject to the requirements of
Section 18551.
(b) Notwithstanding subdivision (a), any manufactured home,
mobilehome, or multiunit manufactured housing originally sited on or
after January 1, 1985, in a mobilehome park constructed prior to
January 1, 1982, may be placed upon a foundation system, subject to
the requirements of Section 18551.
(c) Notwithstanding subdivisions (a) and (b), any manufactured
home, mobilehome, or multiunit manufactured housing sited in a
mobilehome park which is converted, or in the process of being
converted, to resident ownership on or after January 1, 1992, may be
placed on a foundation system, subject to the requirements of Section
18551, and with the approval of the ownership of the park.
(d) With respect to any manufactured home, mobilehome, or
multiunit manufactured home sited in a mobilehome park under
subdivision (a), (b), or (c), no single structure shall exceed two
stories in height.
(e) Notwithstanding subdivisions (a) and (b), the installation of
a manufactured home, mobilehome, or multiunit manufactured housing
within a mobilehome park pursuant to Section 18551 shall be subject
to prior written approval by the ownership of the mobilehome park.
(f) The number of dwelling units per structure for any
manufactured home or mobilehome consisting of two or more dwelling
units, or multiunit manufactured housing, sited in a mobilehome park
on or after January 1, 2003, shall conform to a zone designation or
conditional use permit that currently applies to the park or an
amended or new zone designation or conditional use permit that is
additionally granted to the park.
18552. (a) The department shall adopt and submit building standards
for approval pursuant to Chapter 4 (commencing with Section 18935)
of Part 2.5, and the department shall adopt other regulations for
manufactured home or mobilehome accessory buildings or structures.
The regulations adopted by the department shall provide for the
construction, location, and use of manufactured home or mobilehome
accessory buildings or structures to protect the health and safety of
the occupants and the public, and shall be enforced by the
appropriate enforcement agency.
(b) A manufactured home or accessory building or structure may be
installed in a mobilehome park above 4,000 feet in elevation at the
option of the owner of the home and after approval by the park
operator only if the installation is consistent with one of the
following:
(1) If the manufactured home or accessory building or structure
does not have the capacity to resist the minimum snow loads as
established for residential buildings by local ordinance, the
manufactured home or accessory building or structure must have the
capacity to resist a roof live load of at least 60 pounds per square
foot and may only be installed in a mobilehome park that has and is
operating an approved snow roof load maintenance program, as defined
by the department. The installation shall comply with all other
applicable requirements of this part and the regulations adopted
pursuant to this part and shall be approved by the enforcement
agency. The approval of the snow roof load maintenance program shall
be identified on the permit to operate.
(2) If the manufactured home or accessory building or structure
does not have the capacity to resist the minimum snow loads
established by local ordinance for residential buildings, the
manufactured home or accessory building or structure may only be
installed if it is protected by a ramada designed to resist the
minimum snow loads established by local ordinance and constructed
pursuant to this part and regulations adopted pursuant to this part.
The plans and specifications for the construction of the ramada and
the installation of the home shall be approved by the enforcement
agency.
(3) If a manufactured home or accessory building or structure has
the capacity to resist the minimum snow loads established by local
ordinance for residential buildings, an approved snow roof load
maintenance program or ramada is not required for that home or
accessory building or structure.
(c) Before installing a manufactured home or accessory building or
structure pursuant to paragraph (1) of subdivision (b), the operator
of a park shall request and obtain approval from the enforcement
agency for its existing or proposed snow roof load maintenance
program. The enforcement agency's approval shall be based on relevant
factors identified in the regulations of the department and shall
include, but not be limited to, the types of maintenance to be used
to control or remove snow accumulation and the capacity and
capability of personnel and equipment proposed to satisfactorily
perform the snow roof load maintenance program. The request for
approval shall specify the type of maintenance to be used to control
snow accumulation and shall demonstrate the capacity and capability
of necessary personnel or its equivalent to satisfactorily perform
the snow roof load maintenance program.
18554. (a) It is unlawful to permit any wastewater, sewage, or
waste material from any plumbing fixtures in a park, any park sewage
or waste disposal system, or any plumbing fixtures in a manufactured
home, mobilehome, recreational vehicle, accessory structure, or
permanent building in the park, to be discharged onto or deposited
upon the surface of the ground.
(b) The enforcement agency may order the removal, sanitation, or
both, of any wastewater, sewage, or waste material discharged onto or
deposited upon the surface of the ground, or may require the
removal, sanitation, or both, of the wastewater, sewage, or waste
material, in a manner consistent with the requirements of, and in
consultation with, the local health department or agency.
(c) Pursuant to this section, the registered owner of a
mobilehome, manufactured home, or recreational vehicle shall be
responsible for complying with an order, or the correction of a
citation, issued by the enforcement agency, and the costs of that
order, whenever wastewater, sewage, or waste material is discharged
onto or deposited upon the surface of the ground as a result of leaks
from plumbing fixtures in a manufactured home, mobilehome, or
recreational vehicle, or accessory structure, or whenever those leaks
come from plumbing on the space or lot that connects the home or
recreational vehicle or accessory structure to the park's sewer,
septic, or drain system on the home or vehicle registered owner's
side of the connection, if the discharge or deposit is determined by
the enforcement agency to be the fault of the registered owner of the
home or recreational vehicle.
(d) Except as provided in Section 18930, the department may adopt
any rules and regulations that it determines are reasonably necessary
for the protection of life and property and to carry out the
purposes of this section.
18555. (a) Notwithstanding any other provision of law, the
registered owner of a manufactured home or mobilehome in a mobilehome
park, converted or proposed to be converted to a resident-owned
subdivision, cooperative, condominium, or nonprofit corporation
formed pursuant to Section 11010.8 of the Business and Professions
Code, may, if the registered owner is also a participant in the
resident ownership, apply for voluntary conversion of the
manufactured home or mobilehome to a fixture and improvement to the
underlying real property without compliance with subdivision (a) of
Section 18551.
(b) The resident ownership or proposed resident ownership of a
mobilehome park converted or proposed to be converted to a
resident-owned subdivision, cooperative, condominium, or nonprofit
corporation formed pursuant to Section 11010.8 of the Business and
Professions Code, shall, on behalf of registered owners of
manufactured homes and mobilehomes making application pursuant to
subdivision (a), establish with an escrow agent an escrow account.
All of the following shall be deposited into the escrow account:
(1) A copy of the registered owner's application, on a form,
provided by the department, that shall be substantially similar to
forms presently used to record the installation of manufactured homes
and mobilehomes on foundation systems pursuant to subdivision (a) of
Section 18551. In addition, by signature of an authorized
representative, the form shall contain provisions for certification
by the resident ownership of the mobilehome park converted or
proposed to be converted to a subdivision, cooperative, or
condominium that the applicant is a participant in the
resident-ownership.
(2) The certificate of title, the current registration card,
decals, and other indicia of registration of the manufactured home or
mobilehome.
(3) In the absence of a certificate of title for the manufactured
home or mobilehome, written evidence from lienholders on record with
the department that the lienholders consent to conversion of the
manufactured home or mobilehome to a fixture and improvement to the
underlying real property upon the discharge of any personal lien,
that may be conditioned upon the satisfaction by the registered owner
of the obligation secured by the lien.
(4) A fee payable to the department in the amount of twenty-two
dollars ($22), for each transportable section of the manufactured
home or mobilehome, that shall be transmitted to the department upon
close of escrow with a copy of the form recorded with the county
recorder's office pursuant to paragraph (2) of subdivision (c). Fees
received by the department pursuant to this section shall be
deposited in the Mobilehome-Manufactured Home Revolving Fund
established under subdivision (a) of Section 18016.5 for
administration of Part 2 (commencing with Section 18000).
(5) Escrow instructions describing the terms and conditions of
compliance with this section, the requirements of the department, and
other applicable terms and conditions.
(c) If the manufactured home or mobilehome is subject to local
property taxation, and subject to registration under Part 2
(commencing with Section 18000), the escrow officer shall forward to
the tax collector of the county where the used manufactured home or
mobilehome is located, a written demand for a tax clearance
certificate if no liability exists, or a conditional tax clearance
certificate if a tax liability exists, to be provided on a form
prescribed by the Controller. The conditional tax clearance
certificate shall state the amount of the tax liability due, if any,
and the final date that amount may be paid out of the proceeds of
escrow before a further tax liability may be incurred.
(1) Within five working days of receipt of the written demand for
a conditional tax clearance certificate or a tax clearance
certificate, the county tax collector shall forward the conditional
tax clearance certificate or a tax clearance certificate showing that
no tax liability exists to the requesting escrow officer. In the
event the tax clearance certificate's or conditional tax clearance
certificate's final due date expires within 30 days of the date of
issuance, an additional conditional tax clearance certificate or a
tax clearance certificate shall be completed that has a final due
date of at least 30 days beyond the date of issuance.
(2) If the tax collector to whom the written demand for a tax
clearance certificate or a conditional tax clearance certificate was
made fails to comply with that demand within 30 days from the date
the demand was mailed, the escrow officer may close the escrow and
submit a statement of facts certifying that the written demand was
made on the tax collector and the tax collector failed to comply with
that written demand within 30 days. This statement of facts shall be
accepted by the department and all other parties to the conversion
in lieu of a conditional tax clearance certificate or a tax clearance
certificate, as prescribed by subdivision (a) of Section 18092.7,
and the conversion of the manufactured home or mobilehome to a
fixture and improvement to the underlying real property may be
completed.
(3) The escrow officer may satisfy the terms of the conditional
tax clearance certificate by paying the amount of tax liability shown
on the form by the tax collector out of the proceeds of escrow on or
before the date indicated on the form and by certifying in the space
provided on the form that all terms and conditions of the
conditional tax clearance certificate have been complied with.
(d) (1) On the same or following day that the escrow required by
subdivision (b) is closed, the escrow agent shall record, or cause to
be recorded, with the county recorder of the county where the
converted manufactured home or mobilehome is situated, the form
prescribed by paragraph (1) of subdivision (b) stating that the
manufactured home or mobilehome has been converted to a fixture and
improvement to the underlying real property pursuant to this section.
(2) When recorded, the form referred to in paragraph (1) of
subdivision (b) shall be indexed by the county recorder to the named
owner of the converted manufactured home or mobilehome, and shall be
deemed to give constructive notice as to its contents to all persons
thereafter dealing with the real property.
(e) The department shall cancel the registration of a manufactured
home or mobilehome converted to a fixture and improvement to the
underlying real property pursuant to this section. For the purposes
of this subdivision, conversion of the manufactured home to a fixture
and improvement to the underlying real property shall be deemed to
have occurred on the day a form referred to in paragraph (1) of
subdivision (b) is recorded. Cancellation shall be effective as of
that date, and the department shall enter the cancellation on its
records upon receipt of a copy of the form recorded pursuant to
paragraph (1) of subdivision (c), the certificate of title, the
current registration card, other indicia of registration, and fees
prescribed by this section. This subdivision shall not be construed
to affect the application of existing laws, or the department's
regulations or procedures with regard to the cancellation of
registration, except as to the requirement therefor and the effective
date thereof.
(f) Once the form referred to in paragraph (1) of subdivision (b)
has been recorded, a manufactured home or mobilehome shall be deemed
a fixture and improvement to the underlying real property described
with certainty on the form. Physical removal of the manufactured home
or mobilehome from the real property where it has become a fixture
and improvement pursuant to this section shall thereafter be
prohibited without the consent of all persons or entities who, at the
time of removal, have title to any estate or interest in the real
property where the manufactured home or mobilehome has become a
fixture and improvement.
(g) For the purposes of this section:
(1) "Physical removal" shall include, without limitation, the
manufactured home, mobilehome, or any transportable section thereof,
from the real property where it has become a fixture and improvement.
(2) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
(h) At least 30 days prior to a legal removal of the manufactured
home or mobilehome from the real property where it has become a
fixture and improvement and transportation away from the real
property, the manufactured home or mobilehome owner shall notify the
department and the county assessor of the intended removal of the
manufactured home or mobilehome. The department shall require written
evidence that the necessary consents have been obtained pursuant to
this section, and shall require application for either a
transportation permit or manufactured home or mobilehome
registration, as the department may decide is appropriate to the
circumstances. Immediately upon removal, as defined in this section,
the manufactured home or mobilehome shall be deemed to have become
personal property and subject to all laws governing the same as
applicable to a manufactured home or mobilehome.
(i) Notwithstanding any other provision of law, any manufactured
home or mobilehome not installed on a foundation system pursuant to
subdivision (a) of Section 18551 or converted to a fixture and
improvement to real property as prescribed by this section shall not
be deemed a fixture or improvement to the real property. This
subdivision shall not be construed to affect the application of sales
and use or property taxes.
(j) Once converted to a fixture and improvement to real property,
a manufactured home or mobilehome shall be subject to state-enforced
health and safety standards for manufactured homes or mobilehomes
enforced pursuant to Section 18020.
(k) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative,
condominium, or nonprofit corporation formed pursuant to Section
11010.8 of the Business and Professions Code for manufactured homes
or mobilehomes, that any manufactured home or mobilehome located
there be converted to a fixture and improvement to the underlying
real property.
( l) The department is authorized to 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.
18601. The department shall adopt regulations to ensure adequate
animal control within parks.
18602. In every park there shall be installed and kept burning from
sunset to sunrise sufficient artificial light to adequately
illuminate every building containing toilets and showers, and
roadways and walkways within the park.
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 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 California Emergency Management Agency 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, 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 area within the mobilehome park.
(2) On or before September 10, 2010, provide notice 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 California Emergency Management Agency, to
all existing residents and, upon approval of tenancy, for all new
residents thereafter. 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.
(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.
18604. (a) No manufactured home, mobilehome, or recreational
vehicle within a park shall be rented or leased unless it bears a
label, an insignia, or an insignia of approval required by Section
18026 or 18027.3, or a federal label issued pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. Sec. 5401 et seq.).
(b) A recreational vehicle that does not bear a label, an
insignia, or an insignia of approval, as required by subdivision (f)
or (g) of Section 18027.3, may not occupy any lot in a special
occupancy park unless the vehicle owner provides reasonable proof of
compliance with ANSI Standard No. A119.2 or A119.5. A department
label or insignia shall constitute one form of reasonable proof of
compliance with ANSI standards. This subdivision does not apply to a
recreational vehicle occupying a lot in a special occupancy park on
December 31, 1998, unless the vehicle is moved to a different special
occupancy park on or after January 1, 1999.
18605. The department shall adopt regulations to govern the use and
occupancy of manufactured homes, mobilehomes, and recreational
vehicles. These regulations shall establish minimum requirements to
protect the health and safety of the occupants and the public, and
shall also provide for the repair or abatement of any unsafe or
unsanitary condition of the manufactured home, mobilehome, or
recreational vehicle or of the electrical, mechanical, or plumbing
installations therein.
18550. It is unlawful for any person to use or cause, or permit to
be used for occupancy, any of the following manufactured homes or
mobilehomes wherever the manufactured homes or mobilehomes are
located, or recreational vehicles located in mobilehome parks:
(a) Any manufactured home, mobilehome, or recreational vehicle
supplied with fuel, gas, water, electricity, or sewage connections,
unless the connections and installations conform to regulations of
the department.
(b) Any manufactured home, mobilehome, or recreational vehicle
that is permanently attached with underpinning or foundation to the
ground, except for a manufactured home or mobilehome bearing a
department insignia or federal label, that is installed in accordance
with this part.
(c) Any manufactured home or mobilehome that does not conform to
the registration requirements of the department.
(d) Any manufactured home, mobilehome, or recreational vehicle in
an unsafe or unsanitary condition.
(e) Any manufactured home, mobilehome, or recreational vehicle
that is structurally unsound and does not protect its occupants
against the elements.
18550.5. (a) An owner of a manufactured home or mobilehome may
remove or cause to be removed the towbar, wheels, wheel hubs, or
axles from a manufactured home or mobilehome.
(b) A dealer may remove the towbar, wheels, wheel hubs, or axles
from a manufactured home or mobilehome only if such act is in
accordance with the purchase document and subdivision (a) of Section
18035.3.
(c) A manufacturer may deliver a manufactured home or mobilehome
to a dealer without the towbar, wheels, wheel hubs, or axles or may
remove or cause those items to be removed if the manufacturer
complies with the provisions of Section 18032.
18551. The department shall establish regulations for manufactured
home, mobilehome, and commercial coach foundation systems that shall
be applicable throughout the state. When established, these
regulations supersede any ordinance enacted by any city, county, or
city and county applicable to manufactured home, mobilehome, and
commercial coach foundation systems. The department may approve
alternate foundation systems to those provided by regulation where
the department is satisfied of equivalent performance. The department
shall document approval of alternate systems by its stamp of
approval on the plans and specifications for the alternate foundation
system. A manufactured home, mobilehome, or commercial coach may be
installed on a foundation system as either a fixture or improvement
to the real property, in accordance with subdivision (a), or a
manufactured home or mobilehome may be installed on a foundation
system as a chattel, in accordance with subdivision (b).
(a) Installation of a manufactured home, mobile home, or
commercial coach as a fixture or improvement to the real property
shall comply with all of the following:
(1) Prior to installation of a manufactured home, mobilehome, or
commercial coach on a foundation system, the manufactured home,
mobilehome, or commercial coach owner or a licensed contractor shall
obtain a building permit from the appropriate enforcement agency. To
obtain a permit, the owner or contractor shall provide the following:
(A) Written evidence acceptable to the enforcement agency that the
manufactured home, mobilehome, or commercial coach owner owns, holds
title to, or is purchasing the real property where the mobilehome is
to be installed on a foundation system. A lease held by the
manufactured home, mobilehome, or commercial coach owner, that is
transferable, for the exclusive use of the real property where the
manufactured home, mobilehome, or commercial coach is to be
installed, shall be deemed to comply with this paragraph if the lease
is for a term of 35 years or more, or if less than 35 years, for a
term mutually agreed upon by the lessor and lessee, and the term of
the lease is not revocable at the discretion of the lessor except for
cause, as described in subdivisions 2 to 5, inclusive, of Section
1161 of the Code of Civil Procedure.
(B) Written evidence acceptable to the enforcement agency that the
registered owner owns the manufactured home, mobilehome, or
commercial coach free of any liens or encumbrances or, in the event
that the legal owner is not the registered owner, or liens and
encumbrances exist on the manufactured home, mobilehome, or
commercial coach, written evidence provided by the legal owner and
any lienors or encumbrancers that the legal owner, lienor, or
encumbrancer consents to the attachment of the manufactured home,
mobilehome, or commercial coach upon the discharge of any personal
lien, that may be conditioned upon the satisfaction by the registered
owner of the obligation secured by the lien.
(C) Plans and specifications required by department regulations or
a department-approved alternate for the manufactured home,
mobilehome, or commercial coach foundation system.
(D) The manufactured home, mobilehome, or commercial coach
manufacturer's installation instructions, or plans and specifications
signed by a California licensed architect or engineer covering the
installation of an individual manufactured home, mobilehome, or
commercial coach in the absence of the manufactured home, mobilehome,
or commercial coach manufacturer's instructions.
(E) Building permit fees established by ordinance or regulation of
the appropriate enforcement agency.
(F) A fee payable to the department in the amount of eleven
dollars ($11) for each transportable section of the manufactured
home, mobilehome, or commercial coach, that shall be transmitted to
the department at the time the certificate of occupancy is issued
with a copy of the building permit and any other information
concerning the manufactured home, mobilehome, or commercial coach
which the department may prescribe on forms provided by the
department.
(2) (A) On the same day that the certificate of occupancy for the
manufactured home, mobilehome, or commercial coach is issued by the
appropriate enforcement agency, the enforcement agency shall record
with the county recorder of the county where the real property is
situated, that the manufactured home, mobilehome, or commercial coach
has been installed upon, a document naming the owner of the real
property, describing the real property with certainty, and stating
that a manufactured home, mobilehome, or commercial coach has been
affixed to that real property by installation on a foundation system
pursuant to this subdivision.
(B) When recorded, the document referred to in subparagraph (A)
shall be indexed by the county recorder to the named owner and shall
be deemed to give constructive notice as to its contents to all
persons thereafter dealing with the real property.
(C) Fees received by the department pursuant to subparagraph (F)
of paragraph (1) shall be deposited in the Mobilehome-Manufactured
Home Revolving Fund established under subdivision (a) of Section
18016.5.
(3) The department shall adopt regulations providing for the
cancellation of registration of a manufactured home, mobilehome, or
commercial coach that is permanently attached to the ground on a
foundation system pursuant to subdivision (a). The regulations shall
provide for the surrender to the department of the certificate of
title and other indicia of registration. For the purposes of this
subdivision, permanent affixation to a foundation system shall be
deemed to have occurred on the day a certificate of occupancy is
issued to the manufactured home, mobilehome, or commercial coach
owner and the document referred to in subparagraph (A) of paragraph
(2) is recorded. Cancellation shall be effective as of that date and
the department shall enter the cancellation on its records upon
receipt of a copy of the certificate of occupancy. This subdivision
shall not be construed to affect the application of existing laws, or
the department's regulations or procedures with regard to the
cancellation of registration, except as to the requirement therefor
and the effective date thereof.
(4) Once installed on a foundation system in compliance with this
subdivision, a manufactured home, mobilehome, or commercial coach
shall be deemed a fixture and a real property improvement to the real
property to which it is affixed. Physical removal of the
manufactured home, mobilehome, or commercial coach shall thereafter
be prohibited without the consent of all persons or entities who, at
the time of removal, have title to any estate or interest in the real
property to which the manufactured home, mobilehome, or commercial
coach is affixed.
(5) For the purposes of this subdivision:
(A) "Physical removal" shall include, without limitation, the
unattaching of the manufactured home, mobilehome, or commercial coach
from the foundation system, except for temporary purposes of repair
or improvement thereto.
(B) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
(6) At least 30 days prior to a legal removal of the manufactured
home, mobilehome, or commercial coach from the foundation system and
transportation away from the real property to which it was formerly
affixed, the manufactured home, mobilehome, or commercial coach owner
shall notify the department and the county assessor of the intended
removal of the manufactured home, mobilehome, or commercial coach.
The department shall require written evidence that the necessary
consents have been obtained pursuant to this section and shall
require application for either a transportation permit or
manufactured home, mobilehome, or commercial coach registration, as
the department may decide is appropriate to the circumstances.
Immediately upon removal, as defined in this section, the
manufactured home, mobilehome, or commercial coach shall be deemed to
have become personal property and subject to all laws governing the
same as applicable to a manufactured home, mobilehome, or commercial
coach.
(b) The installation of a manufactured home or a mobilehome on a
foundation system as chattel shall be in accordance with Section
18613 and shall be deemed to meet or exceed the requirements of
Section 18613.4. This subdivision shall not be construed to affect
the application of sales and use or property taxes. No provisions of
this subdivision are intended, nor shall they be construed, to affect
the ownership interest of any owner of a manufactured home or
mobilehome.
(c) Once installed on a foundation system, a manufactured home,
mobilehome, or commercial coach shall be subject to state enforced
health and safety standards for manufactured homes, mobilehomes, or
commercial coaches enforced pursuant to Section 18020.
(d) No local agency shall require that any manufactured home,
mobilehome, or commercial coach currently on private property be
placed on a foundation system.
(e) No local agency shall require that any manufactured home or
mobilehome located in a mobilehome park be placed on a foundation
system.
(f) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative, or
condominium for mobilehomes, that any manufactured home or mobilehome
located there be placed on a foundation system. This subdivision
shall only apply to the conversion of a rental mobilehome park that
has been operated as a rental mobilehome park for a minimum period of
five years.
18551.1. (a) Any mobilehome park, constructed on or after January
1, 1982, may be constructed in a manner that will enable manufactured
homes, mobilehomes, and multiunit manufactured housing sited in the
park to be placed upon a foundation system, and manufactured homes,
mobilehomes, and multiunit manufactured housing sited in the park may
be placed upon foundation systems, subject to the requirements of
Section 18551.
(b) Notwithstanding subdivision (a), any manufactured home,
mobilehome, or multiunit manufactured housing originally sited on or
after January 1, 1985, in a mobilehome park constructed prior to
January 1, 1982, may be placed upon a foundation system, subject to
the requirements of Section 18551.
(c) Notwithstanding subdivisions (a) and (b), any manufactured
home, mobilehome, or multiunit manufactured housing sited in a
mobilehome park which is converted, or in the process of being
converted, to resident ownership on or after January 1, 1992, may be
placed on a foundation system, subject to the requirements of Section
18551, and with the approval of the ownership of the park.
(d) With respect to any manufactured home, mobilehome, or
multiunit manufactured home sited in a mobilehome park under
subdivision (a), (b), or (c), no single structure shall exceed two
stories in height.
(e) Notwithstanding subdivisions (a) and (b), the installation of
a manufactured home, mobilehome, or multiunit manufactured housing
within a mobilehome park pursuant to Section 18551 shall be subject
to prior written approval by the ownership of the mobilehome park.
(f) The number of dwelling units per structure for any
manufactured home or mobilehome consisting of two or more dwelling
units, or multiunit manufactured housing, sited in a mobilehome park
on or after January 1, 2003, shall conform to a zone designation or
conditional use permit that currently applies to the park or an
amended or new zone designation or conditional use permit that is
additionally granted to the park.
18552. (a) The department shall adopt and submit building standards
for approval pursuant to Chapter 4 (commencing with Section 18935)
of Part 2.5, and the department shall adopt other regulations for
manufactured home or mobilehome accessory buildings or structures.
The regulations adopted by the department shall provide for the
construction, location, and use of manufactured home or mobilehome
accessory buildings or structures to protect the health and safety of
the occupants and the public, and shall be enforced by the
appropriate enforcement agency.
(b) A manufactured home or accessory building or structure may be
installed in a mobilehome park above 4,000 feet in elevation at the
option of the owner of the home and after approval by the park
operator only if the installation is consistent with one of the
following:
(1) If the manufactured home or accessory building or structure
does not have the capacity to resist the minimum snow loads as
established for residential buildings by local ordinance, the
manufactured home or accessory building or structure must have the
capacity to resist a roof live load of at least 60 pounds per square
foot and may only be installed in a mobilehome park that has and is
operating an approved snow roof load maintenance program, as defined
by the department. The installation shall comply with all other
applicable requirements of this part and the regulations adopted
pursuant to this part and shall be approved by the enforcement
agency. The approval of the snow roof load maintenance program shall
be identified on the permit to operate.
(2) If the manufactured home or accessory building or structure
does not have the capacity to resist the minimum snow loads
established by local ordinance for residential buildings, the
manufactured home or accessory building or structure may only be
installed if it is protected by a ramada designed to resist the
minimum snow loads established by local ordinance and constructed
pursuant to this part and regulations adopted pursuant to this part.
The plans and specifications for the construction of the ramada and
the installation of the home shall be approved by the enforcement
agency.
(3) If a manufactured home or accessory building or structure has
the capacity to resist the minimum snow loads established by local
ordinance for residential buildings, an approved snow roof load
maintenance program or ramada is not required for that home or
accessory building or structure.
(c) Before installing a manufactured home or accessory building or
structure pursuant to paragraph (1) of subdivision (b), the operator
of a park shall request and obtain approval from the enforcement
agency for its existing or proposed snow roof load maintenance
program. The enforcement agency's approval shall be based on relevant
factors identified in the regulations of the department and shall
include, but not be limited to, the types of maintenance to be used
to control or remove snow accumulation and the capacity and
capability of personnel and equipment proposed to satisfactorily
perform the snow roof load maintenance program. The request for
approval shall specify the type of maintenance to be used to control
snow accumulation and shall demonstrate the capacity and capability
of necessary personnel or its equivalent to satisfactorily perform
the snow roof load maintenance program.
18554. (a) It is unlawful to permit any wastewater, sewage, or
waste material from any plumbing fixtures in a park, any park sewage
or waste disposal system, or any plumbing fixtures in a manufactured
home, mobilehome, recreational vehicle, accessory structure, or
permanent building in the park, to be discharged onto or deposited
upon the surface of the ground.
(b) The enforcement agency may order the removal, sanitation, or
both, of any wastewater, sewage, or waste material discharged onto or
deposited upon the surface of the ground, or may require the
removal, sanitation, or both, of the wastewater, sewage, or waste
material, in a manner consistent with the requirements of, and in
consultation with, the local health department or agency.
(c) Pursuant to this section, the registered owner of a
mobilehome, manufactured home, or recreational vehicle shall be
responsible for complying with an order, or the correction of a
citation, issued by the enforcement agency, and the costs of that
order, whenever wastewater, sewage, or waste material is discharged
onto or deposited upon the surface of the ground as a result of leaks
from plumbing fixtures in a manufactured home, mobilehome, or
recreational vehicle, or accessory structure, or whenever those leaks
come from plumbing on the space or lot that connects the home or
recreational vehicle or accessory structure to the park's sewer,
septic, or drain system on the home or vehicle registered owner's
side of the connection, if the discharge or deposit is determined by
the enforcement agency to be the fault of the registered owner of the
home or recreational vehicle.
(d) Except as provided in Section 18930, the department may adopt
any rules and regulations that it determines are reasonably necessary
for the protection of life and property and to carry out the
purposes of this section.
18555. (a) Notwithstanding any other provision of law, the
registered owner of a manufactured home or mobilehome in a mobilehome
park, converted or proposed to be converted to a resident-owned
subdivision, cooperative, condominium, or nonprofit corporation
formed pursuant to Section 11010.8 of the Business and Professions
Code, may, if the registered owner is also a participant in the
resident ownership, apply for voluntary conversion of the
manufactured home or mobilehome to a fixture and improvement to the
underlying real property without compliance with subdivision (a) of
Section 18551.
(b) The resident ownership or proposed resident ownership of a
mobilehome park converted or proposed to be converted to a
resident-owned subdivision, cooperative, condominium, or nonprofit
corporation formed pursuant to Section 11010.8 of the Business and
Professions Code, shall, on behalf of registered owners of
manufactured homes and mobilehomes making application pursuant to
subdivision (a), establish with an escrow agent an escrow account.
All of the following shall be deposited into the escrow account:
(1) A copy of the registered owner's application, on a form,
provided by the department, that shall be substantially similar to
forms presently used to record the installation of manufactured homes
and mobilehomes on foundation systems pursuant to subdivision (a) of
Section 18551. In addition, by signature of an authorized
representative, the form shall contain provisions for certification
by the resident ownership of the mobilehome park converted or
proposed to be converted to a subdivision, cooperative, or
condominium that the applicant is a participant in the
resident-ownership.
(2) The certificate of title, the current registration card,
decals, and other indicia of registration of the manufactured home or
mobilehome.
(3) In the absence of a certificate of title for the manufactured
home or mobilehome, written evidence from lienholders on record with
the department that the lienholders consent to conversion of the
manufactured home or mobilehome to a fixture and improvement to the
underlying real property upon the discharge of any personal lien,
that may be conditioned upon the satisfaction by the registered owner
of the obligation secured by the lien.
(4) A fee payable to the department in the amount of twenty-two
dollars ($22), for each transportable section of the manufactured
home or mobilehome, that shall be transmitted to the department upon
close of escrow with a copy of the form recorded with the county
recorder's office pursuant to paragraph (2) of subdivision (c). Fees
received by the department pursuant to this section shall be
deposited in the Mobilehome-Manufactured Home Revolving Fund
established under subdivision (a) of Section 18016.5 for
administration of Part 2 (commencing with Section 18000).
(5) Escrow instructions describing the terms and conditions of
compliance with this section, the requirements of the department, and
other applicable terms and conditions.
(c) If the manufactured home or mobilehome is subject to local
property taxation, and subject to registration under Part 2
(commencing with Section 18000), the escrow officer shall forward to
the tax collector of the county where the used manufactured home or
mobilehome is located, a written demand for a tax clearance
certificate if no liability exists, or a conditional tax clearance
certificate if a tax liability exists, to be provided on a form
prescribed by the Controller. The conditional tax clearance
certificate shall state the amount of the tax liability due, if any,
and the final date that amount may be paid out of the proceeds of
escrow before a further tax liability may be incurred.
(1) Within five working days of receipt of the written demand for
a conditional tax clearance certificate or a tax clearance
certificate, the county tax collector shall forward the conditional
tax clearance certificate or a tax clearance certificate showing that
no tax liability exists to the requesting escrow officer. In the
event the tax clearance certificate's or conditional tax clearance
certificate's final due date expires within 30 days of the date of
issuance, an additional conditional tax clearance certificate or a
tax clearance certificate shall be completed that has a final due
date of at least 30 days beyond the date of issuance.
(2) If the tax collector to whom the written demand for a tax
clearance certificate or a conditional tax clearance certificate was
made fails to comply with that demand within 30 days from the date
the demand was mailed, the escrow officer may close the escrow and
submit a statement of facts certifying that the written demand was
made on the tax collector and the tax collector failed to comply with
that written demand within 30 days. This statement of facts shall be
accepted by the department and all other parties to the conversion
in lieu of a conditional tax clearance certificate or a tax clearance
certificate, as prescribed by subdivision (a) of Section 18092.7,
and the conversion of the manufactured home or mobilehome to a
fixture and improvement to the underlying real property may be
completed.
(3) The escrow officer may satisfy the terms of the conditional
tax clearance certificate by paying the amount of tax liability shown
on the form by the tax collector out of the proceeds of escrow on or
before the date indicated on the form and by certifying in the space
provided on the form that all terms and conditions of the
conditional tax clearance certificate have been complied with.
(d) (1) On the same or following day that the escrow required by
subdivision (b) is closed, the escrow agent shall record, or cause to
be recorded, with the county recorder of the county where the
converted manufactured home or mobilehome is situated, the form
prescribed by paragraph (1) of subdivision (b) stating that the
manufactured home or mobilehome has been converted to a fixture and
improvement to the underlying real property pursuant to this section.
(2) When recorded, the form referred to in paragraph (1) of
subdivision (b) shall be indexed by the county recorder to the named
owner of the converted manufactured home or mobilehome, and shall be
deemed to give constructive notice as to its contents to all persons
thereafter dealing with the real property.
(e) The department shall cancel the registration of a manufactured
home or mobilehome converted to a fixture and improvement to the
underlying real property pursuant to this section. For the purposes
of this subdivision, conversion of the manufactured home to a fixture
and improvement to the underlying real property shall be deemed to
have occurred on the day a form referred to in paragraph (1) of
subdivision (b) is recorded. Cancellation shall be effective as of
that date, and the department shall enter the cancellation on its
records upon receipt of a copy of the form recorded pursuant to
paragraph (1) of subdivision (c), the certificate of title, the
current registration card, other indicia of registration, and fees
prescribed by this section. This subdivision shall not be construed
to affect the application of existing laws, or the department's
regulations or procedures with regard to the cancellation of
registration, except as to the requirement therefor and the effective
date thereof.
(f) Once the form referred to in paragraph (1) of subdivision (b)
has been recorded, a manufactured home or mobilehome shall be deemed
a fixture and improvement to the underlying real property described
with certainty on the form. Physical removal of the manufactured home
or mobilehome from the real property where it has become a fixture
and improvement pursuant to this section shall thereafter be
prohibited without the consent of all persons or entities who, at the
time of removal, have title to any estate or interest in the real
property where the manufactured home or mobilehome has become a
fixture and improvement.
(g) For the purposes of this section:
(1) "Physical removal" shall include, without limitation, the
manufactured home, mobilehome, or any transportable section thereof,
from the real property where it has become a fixture and improvement.
(2) Consent to removal shall not be required from the owners of
rights-of-way or easements or the owners of subsurface rights or
interests in or to minerals, including, but not limited to, oil, gas,
or other hydrocarbon substances.
(h) At least 30 days prior to a legal removal of the manufactured
home or mobilehome from the real property where it has become a
fixture and improvement and transportation away from the real
property, the manufactured home or mobilehome owner shall notify the
department and the county assessor of the intended removal of the
manufactured home or mobilehome. The department shall require written
evidence that the necessary consents have been obtained pursuant to
this section, and shall require application for either a
transportation permit or manufactured home or mobilehome
registration, as the department may decide is appropriate to the
circumstances. Immediately upon removal, as defined in this section,
the manufactured home or mobilehome shall be deemed to have become
personal property and subject to all laws governing the same as
applicable to a manufactured home or mobilehome.
(i) Notwithstanding any other provision of law, any manufactured
home or mobilehome not installed on a foundation system pursuant to
subdivision (a) of Section 18551 or converted to a fixture and
improvement to real property as prescribed by this section shall not
be deemed a fixture or improvement to the real property. This
subdivision shall not be construed to affect the application of sales
and use or property taxes.
(j) Once converted to a fixture and improvement to real property,
a manufactured home or mobilehome shall be subject to state-enforced
health and safety standards for manufactured homes or mobilehomes
enforced pursuant to Section 18020.
(k) No local agency shall require, as a condition for the approval
of the conversion of a rental mobilehome park to a resident-owned
park, including, but not limited to, a subdivision, cooperative,
condominium, or nonprofit corporation formed pursuant to Section
11010.8 of the Business and Professions Code for manufactured homes
or mobilehomes, that any manufactured home or mobilehome located
there be converted to a fixture and improvement to the underlying
real property.
( l) The department is authorized to 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.
18601. The department shall adopt regulations to ensure adequate
animal control within parks.
18602. In every park there shall be installed and kept burning from
sunset to sunrise sufficient artificial light to adequately
illuminate every building containing toilets and showers, and
roadways and walkways within the park.
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 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 California Emergency Management Agency 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, 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 area within the mobilehome park.
(2) On or before September 10, 2010, provide notice 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 California Emergency Management Agency, to
all existing residents and, upon approval of tenancy, for all new
residents thereafter. 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.
(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.
18604. (a) No manufactured home, mobilehome, or recreational
vehicle within a park shall be rented or leased unless it bears a
label, an insignia, or an insignia of approval required by Section
18026 or 18027.3, or a federal label issued pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. Sec. 5401 et seq.).
(b) A recreational vehicle that does not bear a label, an
insignia, or an insignia of approval, as required by subdivision (f)
or (g) of Section 18027.3, may not occupy any lot in a special
occupancy park unless the vehicle owner provides reasonable proof of
compliance with ANSI Standard No. A119.2 or A119.5. A department
label or insignia shall constitute one form of reasonable proof of
compliance with ANSI standards. This subdivision does not apply to a
recreational vehicle occupying a lot in a special occupancy park on
December 31, 1998, unless the vehicle is moved to a different special
occupancy park on or after January 1, 1999.
18605. The department shall adopt regulations to govern the use and
occupancy of manufactured homes, mobilehomes, and recreational
vehicles. These regulations shall establish minimum requirements to
protect the health and safety of the occupants and the public, and
shall also provide for the repair or abatement of any unsafe or
unsanitary condition of the manufactured home, mobilehome, or
recreational vehicle or of the electrical, mechanical, or plumbing
installations therein.
