17040. (a) Except as provided in Section 18930, the department
shall adopt, amend, or repeal rules and regulations for the
protection of the public health, safety, and general welfare of
employees and the public, governing the erection, construction,
enlargement, conversion, alteration, repair, occupancy, use,
sanitation, ventilation, and maintenance of all employee housing.
(b) The appropriate enforcement agency shall enforce building
standards published in the State Building Standards Code relating to
employee housing and other regulations of the department promulgated
pursuant to subdivision (a), including, but not limited to,
processing violations in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
(c) The department shall adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 for the purposes described in this chapter.
17041. (a) Except as provided in Section 17011, the rules and
regulations adopted, amended, or repealed from time to time pursuant
to this part shall be consistent with accepted standards and
practices reasonably applicable to permanent and temporary employee
housing and the utilization of housing or camping facilities. In
promulgating rules and regulations, the department shall consider,
among other things, geographic, topographic, and climatic conditions.
The department may establish a schedule of fees for the construction
and operation of employee housing wherever the department is the
enforcing agency.
(b) The department may provide for the waiver or reduction of fees
during construction or substantial rehabilitation that is not the
result of a notice by an enforcement agency where funding is received
from a public entity. The department shall provide for a waiver of
the fees for an operating permit during the first three years of
operation after new construction or substantial rehabilitation of
employee housing that is not the result of a notice by an enforcement
agency.
17042. Notwithstanding any other provision of this code or of law,
and except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18900), on and after January 1, 1980, the
department shall not adopt or publish a building standard as defined
in Section 18909, unless the provisions of Sections 18930, 18933,
18938, 18940, 18943, 18944, and 18945 are expressly excepted in the
statute under which the authority to adopt rules, regulations, or
orders is delegated. Any building standard adopted in violation of
this section shall have no force or effect. Any building standard
adopted before January 1, 1980, or continued in effect, pursuant to
this part and not expressly excepted by statute from the provisions
of the State Building Standards Law, shall remain in effect only
until January 1, 1985, or until adopted, amended, or superseded by
provisions published in the State Building Standards Code, whichever
occurs sooner.
17043. Notwithstanding any other provision of law, if the condition
rendering any of the accommodations in a labor camp substandard is
the overcrowding of the accommodations, the enforcement agency shall
provide notice to the affected residents of the condition and shall
give the residents of the accommodations a reasonable opportunity to
correct the violation prior to the commencement of any action or
proceeding pursuant to this part. If the enforcement agency
determines to institute proceedings to correct the overcrowded
condition, the residents may appear and be heard at a hearing
convened as part of the proceedings. If the enforcement agency
permits the owner or operator of the labor camp to appeal the initial
notice of violation or order to abate, the residents shall also be
permitted to appeal the initial notice of violation or order to
abate. On appeal, if the enforcement agency determines that the only
means of abatement is the vacation of the accommodations, the
enforcement agency shall consider the availability of alternative
housing for the residents, and shall, if alternative housing is not
available, grant the residents a reasonable period of time, as
determined by the enforcement agency, to find alternative housing.
17043. (a) Notwithstanding any other provision of law, if the
condition rendering any of the accommodations in employee housing
substandard is the overcrowding of the accommodations, the
enforcement agency shall provide notice to the affected residents of
the condition and shall give the residents of the accommodations a
reasonable opportunity to correct the violation prior to the
commencement of any action or proceeding pursuant to this part. If
the enforcement agency determines to institute proceedings to correct
the overcrowded condition, the residents may appear and be heard at
a hearing convened as part of the proceedings. If the enforcement
agency permits the owner or operator of the employee housing to
appeal the initial notice of violation or order to abate, the
residents shall also be permitted to appeal the initial notice of
violation or order to abate.
(b) On appeal, if the enforcement agency determines that the only
means of abatement is the vacation of the accommodations, the
enforcement agency shall consider the availability of alternative
housing for the residents, and shall, if alternative housing is not
available, grant the residents a reasonable period of time, as
determined by the enforcement agency, to find alternative housing.
17040. (a) Except as provided in Section 18930, the department
shall adopt, amend, or repeal rules and regulations for the
protection of the public health, safety, and general welfare of
employees and the public, governing the erection, construction,
enlargement, conversion, alteration, repair, occupancy, use,
sanitation, ventilation, and maintenance of all employee housing.
(b) The appropriate enforcement agency shall enforce building
standards published in the State Building Standards Code relating to
employee housing and other regulations of the department promulgated
pursuant to subdivision (a), including, but not limited to,
processing violations in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
(c) The department shall adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 for the purposes described in this chapter.
17041. (a) Except as provided in Section 17011, the rules and
regulations adopted, amended, or repealed from time to time pursuant
to this part shall be consistent with accepted standards and
practices reasonably applicable to permanent and temporary employee
housing and the utilization of housing or camping facilities. In
promulgating rules and regulations, the department shall consider,
among other things, geographic, topographic, and climatic conditions.
The department may establish a schedule of fees for the construction
and operation of employee housing wherever the department is the
enforcing agency.
(b) The department may provide for the waiver or reduction of fees
during construction or substantial rehabilitation that is not the
result of a notice by an enforcement agency where funding is received
from a public entity. The department shall provide for a waiver of
the fees for an operating permit during the first three years of
operation after new construction or substantial rehabilitation of
employee housing that is not the result of a notice by an enforcement
agency.
17042. Notwithstanding any other provision of this code or of law,
and except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18900), on and after January 1, 1980, the
department shall not adopt or publish a building standard as defined
in Section 18909, unless the provisions of Sections 18930, 18933,
18938, 18940, 18943, 18944, and 18945 are expressly excepted in the
statute under which the authority to adopt rules, regulations, or
orders is delegated. Any building standard adopted in violation of
this section shall have no force or effect. Any building standard
adopted before January 1, 1980, or continued in effect, pursuant to
this part and not expressly excepted by statute from the provisions
of the State Building Standards Law, shall remain in effect only
until January 1, 1985, or until adopted, amended, or superseded by
provisions published in the State Building Standards Code, whichever
occurs sooner.
17043. Notwithstanding any other provision of law, if the condition
rendering any of the accommodations in a labor camp substandard is
the overcrowding of the accommodations, the enforcement agency shall
provide notice to the affected residents of the condition and shall
give the residents of the accommodations a reasonable opportunity to
correct the violation prior to the commencement of any action or
proceeding pursuant to this part. If the enforcement agency
determines to institute proceedings to correct the overcrowded
condition, the residents may appear and be heard at a hearing
convened as part of the proceedings. If the enforcement agency
permits the owner or operator of the labor camp to appeal the initial
notice of violation or order to abate, the residents shall also be
permitted to appeal the initial notice of violation or order to
abate. On appeal, if the enforcement agency determines that the only
means of abatement is the vacation of the accommodations, the
enforcement agency shall consider the availability of alternative
housing for the residents, and shall, if alternative housing is not
available, grant the residents a reasonable period of time, as
determined by the enforcement agency, to find alternative housing.
17043. (a) Notwithstanding any other provision of law, if the
condition rendering any of the accommodations in employee housing
substandard is the overcrowding of the accommodations, the
enforcement agency shall provide notice to the affected residents of
the condition and shall give the residents of the accommodations a
reasonable opportunity to correct the violation prior to the
commencement of any action or proceeding pursuant to this part. If
the enforcement agency determines to institute proceedings to correct
the overcrowded condition, the residents may appear and be heard at
a hearing convened as part of the proceedings. If the enforcement
agency permits the owner or operator of the employee housing to
appeal the initial notice of violation or order to abate, the
residents shall also be permitted to appeal the initial notice of
violation or order to abate.
(b) On appeal, if the enforcement agency determines that the only
means of abatement is the vacation of the accommodations, the
enforcement agency shall consider the availability of alternative
housing for the residents, and shall, if alternative housing is not
available, grant the residents a reasonable period of time, as
determined by the enforcement agency, to find alternative housing.
17040. (a) Except as provided in Section 18930, the department
shall adopt, amend, or repeal rules and regulations for the
protection of the public health, safety, and general welfare of
employees and the public, governing the erection, construction,
enlargement, conversion, alteration, repair, occupancy, use,
sanitation, ventilation, and maintenance of all employee housing.
(b) The appropriate enforcement agency shall enforce building
standards published in the State Building Standards Code relating to
employee housing and other regulations of the department promulgated
pursuant to subdivision (a), including, but not limited to,
processing violations in accordance with Sections 17274 and 24436.5
of the Revenue and Taxation Code.
(c) The department shall adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 for the purposes described in this chapter.
17041. (a) Except as provided in Section 17011, the rules and
regulations adopted, amended, or repealed from time to time pursuant
to this part shall be consistent with accepted standards and
practices reasonably applicable to permanent and temporary employee
housing and the utilization of housing or camping facilities. In
promulgating rules and regulations, the department shall consider,
among other things, geographic, topographic, and climatic conditions.
The department may establish a schedule of fees for the construction
and operation of employee housing wherever the department is the
enforcing agency.
(b) The department may provide for the waiver or reduction of fees
during construction or substantial rehabilitation that is not the
result of a notice by an enforcement agency where funding is received
from a public entity. The department shall provide for a waiver of
the fees for an operating permit during the first three years of
operation after new construction or substantial rehabilitation of
employee housing that is not the result of a notice by an enforcement
agency.
17042. Notwithstanding any other provision of this code or of law,
and except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18900), on and after January 1, 1980, the
department shall not adopt or publish a building standard as defined
in Section 18909, unless the provisions of Sections 18930, 18933,
18938, 18940, 18943, 18944, and 18945 are expressly excepted in the
statute under which the authority to adopt rules, regulations, or
orders is delegated. Any building standard adopted in violation of
this section shall have no force or effect. Any building standard
adopted before January 1, 1980, or continued in effect, pursuant to
this part and not expressly excepted by statute from the provisions
of the State Building Standards Law, shall remain in effect only
until January 1, 1985, or until adopted, amended, or superseded by
provisions published in the State Building Standards Code, whichever
occurs sooner.
17043. Notwithstanding any other provision of law, if the condition
rendering any of the accommodations in a labor camp substandard is
the overcrowding of the accommodations, the enforcement agency shall
provide notice to the affected residents of the condition and shall
give the residents of the accommodations a reasonable opportunity to
correct the violation prior to the commencement of any action or
proceeding pursuant to this part. If the enforcement agency
determines to institute proceedings to correct the overcrowded
condition, the residents may appear and be heard at a hearing
convened as part of the proceedings. If the enforcement agency
permits the owner or operator of the labor camp to appeal the initial
notice of violation or order to abate, the residents shall also be
permitted to appeal the initial notice of violation or order to
abate. On appeal, if the enforcement agency determines that the only
means of abatement is the vacation of the accommodations, the
enforcement agency shall consider the availability of alternative
housing for the residents, and shall, if alternative housing is not
available, grant the residents a reasonable period of time, as
determined by the enforcement agency, to find alternative housing.
17043. (a) Notwithstanding any other provision of law, if the
condition rendering any of the accommodations in employee housing
substandard is the overcrowding of the accommodations, the
enforcement agency shall provide notice to the affected residents of
the condition and shall give the residents of the accommodations a
reasonable opportunity to correct the violation prior to the
commencement of any action or proceeding pursuant to this part. If
the enforcement agency determines to institute proceedings to correct
the overcrowded condition, the residents may appear and be heard at
a hearing convened as part of the proceedings. If the enforcement
agency permits the owner or operator of the employee housing to
appeal the initial notice of violation or order to abate, the
residents shall also be permitted to appeal the initial notice of
violation or order to abate.
(b) On appeal, if the enforcement agency determines that the only
means of abatement is the vacation of the accommodations, the
enforcement agency shall consider the availability of alternative
housing for the residents, and shall, if alternative housing is not
available, grant the residents a reasonable period of time, as
determined by the enforcement agency, to find alternative housing.
