Health and Safety Code — Part 47 | HSC — United States — California law | Esheria

Health and Safety Code

Part 47 of 87 · provisions 9,201–9,400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 1798.206.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    A person who violates this part, related regulations, or county ordinances on patient transfers commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.206. Any person who violates this part, the rules and regulations adopted pursuant thereto, or county ordinances adopted pursuant to this part governing patient transfers, is guilty of a misdemeanor. The Attorney General or the district attorney may prosecute any of these misdemeanors which falls within his or her jurisdiction. (Amended by Stats. 1987, Ch. 1225, Sec. 17.)
  2. 1798.207.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    Knowingly and willfully subverting or attempting to subvert a licensing or certification exam or its administration is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.207. (a) It is a misdemeanor for any person to knowingly and willfully engage in conduct that subverts or attempts to subvert any licensing or certification examination, or the administration of any licensing or certification examination, conducted pursuant to this division, including, but not limited to, any of the following: (1) Conduct that violates the security of the examination material. (2) Removing from the examination room any examination materials without authorization. (3) The unauthorized reproduction by any means of any portion of the actual licensing or certification examination. (4) Aiding by any means the unauthorized reproduction of any portion of the actual licensing or certification examination. (5) Paying or using professional or paid examination-takers, for the purpose of reconstructing any portion of the licensing or certification examination. (6) Obtaining or attempting to obtain examination questions or other examination material from examinees or by any other method, except by specific authorization either before, during, or after an examination. (7) Using or purporting to use any examination questions or materials that were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination. (8) Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing or certification examination. (9) Communicating with any other examinee during the administration of a licensing or certification examination. (10) Copying answers from another examinee or permitting one’s answers to be copied by another examinee. (11) Having in one’s possession during the administration of the licensing or certification examination any books, equipment, notes written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination. (12) Impersonating any examinee or having an impersonator take the licensing or certification examination on one’s behalf. (b) The penalties provided in this section are not exclusive remedies and shall not preclude remedies provided pursuant to any other provision of law. (c) In addition to any other penalties, a person found guilty of violating this section shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation. (Added by Stats. 1992, Ch. 215, Sec. 1. Effective January 1, 1993.)
  3. 1798.208.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    A superior court may issue an injunction or other order to stop conduct that violates this division, related rules, or local EMS agency protocols.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.208. Whenever any person who has engaged, or is about to engage, in any act or practice which constitutes, or will constitute, a violation of any provision of this division, the rules and regulations promulgated pursuant thereto, or local EMS agency mandated protocols, guidelines, or transfer agreements, the superior court in and for the county wherein the acts or practices take place or are about to take place may issue an injunction or other appropriate order restraining the conduct on application of the authority, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required. (Amended by Stats. 1987, Ch. 1240, Sec. 19.)
  4. 1798.209.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency may place a training program on probation, suspend its approval, or revoke its approval if the program fails to comply with this division or adopted rules or regulations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.209. The local EMS agency may place on probation, suspend, or revoke the approval under this division of any training program for failure to comply with this division or any rules or regulations adopted pursuant thereto. (Added by Stats. 1994, Ch. 709, Sec. 9. Effective January 1, 1995.)
  5. 1798.210.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    The board may fine certain licensed paramedics up to $2,500 per violation, subject to stated limits and conditions.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.210. (a) The Paramedic Disciplinary Review Board may impose an administrative fine of up to two thousand five hundred dollars ($2,500) per violation against a licensed paramedic found to have committed any of the actions described by subdivision (c) of Section 1798.200 that did not result in actual harm to a patient. Fines may not be imposed if a paramedic has previously been disciplined by the authority or the board for any other act committed within the immediately preceding five-year period. (b) The board shall adopt regulations establishing an administrative fine structure, taking into account the nature and gravity of the violation. The administrative fine shall not be imposed in conjunction with a suspension for the same violation, but may be imposed in conjunction with probation for the same violation except when the conditions of the probation require a paramedic’s personal time or expense for training, clinical observation, or related corrective instruction. (c) In assessing the fine, the board shall give due consideration to the appropriateness of the amount of the fine with respect to factors that include the gravity of the violation, the good faith of the paramedic, the history of previous violations, any discipline imposed by the paramedic’s employer for the same occurrence of that conduct, as reported pursuant to Section 1799.112, and the totality of the discipline to be imposed. The imposition of the fine shall be subject to the administrative adjudication provisions set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) If a paramedic does not pay the administrative fine imposed by the board and chooses not to renew their license, the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have to require a paramedic to pay costs. (e) In any action for collection of an administrative fine, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (f) (1) Except as provided in paragraph (2), the authority shall not license or renew the license of any paramedic who has failed to pay an administrative fine ordered under this section. (2) The authority may, in its discretion, conditionally license or renew for a maximum of one year the license of any paramedic who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for the unpaid fine. (g) All funds recovered under this section shall be deposited into the state General Fund. (h) This section does not preclude the board from imposing an administrative fine in a stipulated settlement. (i) For purposes of this section, “licensed paramedic” includes a paramedic whose license has lapsed or has been surrendered. (Amended by Stats. 2021, Ch. 463, Sec. 8. (AB 450) Effective January 1, 2022.)
  6. 1798.211.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    When deciding certain disciplinary actions, the authority, board, and any applicable administrative law judge must credit time already spent under employer discipline or immediate EMS agency suspension for the same conduct.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.211. When making a decision regarding a disciplinary action pursuant to Section 1798.200 or Section 1798.210, the authority, the board, and, if applicable, the administrative law judge, shall give credit for the time during which the licensee was subject to disciplinary action imposed by the employer and for the time during which the licensee was under immediate suspension imposed by the local EMS agency for the same conduct. (Amended by Stats. 2021, Ch. 463, Sec. 9. (AB 450) Effective January 1, 2022.)
  7. 1798.3.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. )

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    Advanced life support and limited advanced life support personnel may receive medical direction from an alternative base station instead of a base hospital if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. ) ## 1798.3. Advanced life support and limited advanced life support personnel may receive medical direction from an alternative base station in lieu of a base hospital when the following conditions are met: (a) The alternative base station has been designated by the local EMS agency and approved by the medical director of the local EMS agency, pursuant to Section 1798.105, to provide medical direction to prehospital personnel because no base hospital is available to provide medical direction for the geographical area assigned. (b) The medical direction is provided by either of the following: (1) A physician and surgeon who is trained and qualified to issue advice and instructions to prehospital emergency medical care personnel. (2) A mobile intensive care nurse who has been authorized by the medical director of the local EMS agency, pursuant to Section 1797.56, as qualified to issue instructions to prehospital emergency medical care personnel. (Added by Stats. 1988, Ch. 1390, Sec. 8.)
  8. 1798.6.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. )

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    This section assigns emergency-scene authority to the most medically qualified licensed or certified health care professional, or if none is available, to a qualified public safety representative, and lets a county set up a unified command committee. Public safety officials must consult EMS or other authoritative health care professionals when determining risks.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. ) ## 1798.6. (a) Authority for patient health care management in an emergency shall be vested in that licensed or certified health care professional, which may include any paramedic or other prehospital emergency personnel, at the scene of the emergency who is most medically qualified specific to the provision of rendering emergency medical care. If no licensed or certified health care professional is available, the authority shall be vested in the most appropriate medically qualified representative of public safety agencies who may have responded to the scene of the emergency. (b) If any county desires to establish a unified command structure for patient management at the scene of an emergency within that county, a committee may be established in that county comprised of representatives of the agency responsible for county emergency medical services, the county sheriff’s department, the California Highway Patrol, public prehospital-care provider agencies serving the county, and public fire, police, and other affected emergency service agencies within the county. The membership and duties of the committee shall be established by an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (c) Notwithstanding subdivision (a), authority for the management of the scene of an emergency shall be vested in the appropriate public safety agency having primary investigative authority. The scene of an emergency shall be managed in a manner designed to minimize the risk of death or health impairment to the patient and to other persons who may be exposed to the risks as a result of the emergency condition, and priority shall be placed upon the interests of those persons exposed to the more serious and immediate risks to life and health. Public safety officials shall consult emergency medical services personnel or other authoritative health care professionals at the scene in the determination of relevant risks. (Added by Stats. 1983, Ch. 206, Sec. 2.)
  9. 1798.8.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. )

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    This section limits how EMS medical control can affect public safety agencies’ authority to receive emergency calls, manage response resources, and provide mutual aid.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. ) ## 1798.8. (a) Notwithstanding any provision of this division, medical control by a local EMS agency medical director, or medical direction and management of an emergency medical services system, as described in this chapter, shall not be construed to do any of the following: (1) Limit, supplant, prohibit, or otherwise alter a public safety agency’s authority to directly receive and process requests for assistance originating within the public safety agency’s territorial jurisdiction through the emergency “911” system established pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. This paragraph does not supersede the local EMS agency’s authority to adopt and implement emergency lifesaving instructions or EMD prearrival instructions. (2) Authorize or permit a local EMS agency to delegate, assign, or enter into a contract in contravention of subdivision (b) of Section 53110 of the Government Code. (3) Authorize or permit a local EMS agency to unilaterally reduce a public safety agency’s response mode below that of the EMS transport provider, prevent a public safety response, or alter the deployment of public safety emergency response resources within the public safety agency’s territorial jurisdiction. (4) Authorize or permit a local EMS agency to prevent a public safety agency from providing mutual aid pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (b) A public safety agency’s adherence to the policies, procedures, and protocols adopted by a local EMS agency does not constitute a transfer of any of the public safety agency’s authorities regarding the administration of emergency medical services. (Added by Stats. 2019, Ch. 389, Sec. 4. (SB 438) Effective January 1, 2020.)
  10. 17980.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    This section lets an enforcement agency act against building violations or nuisances, but it must give notice first and follow several limits and exceptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980. (a) If a building is constructed, altered, converted, or maintained in violation of any provision of, or in violation of any order or notice that gives a reasonable time to correct that violation issued by an enforcement agency pursuant to this part, the building standards published in the California Building Standards Code, municipal code, or other rules and regulations adopted pursuant to this part, or if a nuisance exists in a building or upon the lot on which it is situated, the enforcement agency shall, after 30 days’ notice to abate the nuisance or violation, or a notice to abate with a shorter period of time if deemed necessary by the enforcement agency to prevent or remedy an immediate threat to the health and safety of the occupants of the building, nearby residents, or the public, institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Notwithstanding the above, if a person has purchased and is in the process of diligently abating any violation at a residential property that had been foreclosed on or after January 1, 2008, an enforcement agency shall not commence an action or proceeding until at least 60 days after the person takes title to the property, unless a shorter period of time is deemed necessary by the enforcement agency, in its sole discretion, to prevent or remedy an immediate threat to the health and safety of the neighboring community, public, or occupants of the structure. (b) If an entity releases a lien securing a deed of trust or mortgage on a property for which a notice of pendency of action, as defined in Section 405.2 of the Code of Civil Procedure, has been recorded against the property by an enforcement agency pursuant to subdivision (a) of Section 17985 of the Health and Safety Code or Section 405.7 or 405.20 of the Code of Civil Procedure, it shall notify in writing the enforcement agency that issued the order or notice within 30 days of releasing the lien. (c) (1) Whenever the enforcement agency has inspected or caused to be inspected a building and has determined that the building is a substandard building or a building described in Section 17920.10, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building. The enforcement agency shall not require the vacating of a residential building unless it concurrently requires expeditious demolition or repair to comply with this part, the building standards published in the California Building Standards Code, or other rules and regulations adopted pursuant to this part. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the enforcement agency shall require that the building be brought into compliance according to a reasonable and feasible schedule for expeditious repair. The enforcement agency may require vacation and demolition or may itself vacate the building, repair, demolish, or institute any other appropriate action or proceeding, if any of the following occurs: (A) The repair work is not done within the period required by the notice. (B) The owner does not make a timely choice of repair or demolition. (C) The owner selects an option that cannot be completed within a reasonable period of time, as determined by the enforcement agency, for any reason, including, but not limited to, an outstanding judicial or administrative order. (2) In deciding whether to require vacation of the building or to repair as necessary, the enforcement agency shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling, as determined by the enforcement agency, and shall give full consideration to the needs for housing as expressed in the local jurisdiction’s housing element. (3) If the enforcement agency determines that a building or portion thereof is substandard under this section based solely on the building or portion thereof being illegally occupied, the enforcement agency shall not commence court proceedings to abate the violation by repair if all of the following conditions are met: (A) The owner declares under penalty of perjury that the occupant is illegally occupying the building. (B) The owner filed and is diligently prosecuting an unlawful detainer action against the occupant or the occupant is being removed pursuant to Section 602 of the Penal Code. (C) The enforcement agency determines the building poses no risk to tenants, nearby residents, or the public. (d) (1) Notwithstanding subdivision (c) and notwithstanding local ordinances, tenants in a residential building shall be provided copies of any of the following: (A) The notice of a violation described in subdivision (a) that affects the health and safety of the occupants and that causes the building to be substandard pursuant to Section 17920.3 or in violation of Section 17920.10. (B) An order of the code enforcement agency issued after inspection of the premises declaring the dwelling to be in violation of a provision described in subdivision (a). (C) The enforcement agency’s decision to repair or demolish. (D) The issuance of a building or demolition permit following the abatement order of an enforcement agency. (2) Each document provided pursuant to paragraph (1) shall be provided to each affected residential unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6. (e) All notices issued by the enforcement agency to correct violations or to abate nuisances shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year. (f) The enforcement agency may charge the owner of the building for its postage or mileage cost for sending or posting the notices required to be given by this section. (g) If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agency’s abatement order shall require the abatement of any other conditions listed in Section 17920.3 that the enforcement agency determines to have caused the infestation. (Amended by Stats. 2024, Ch. 487, Sec. 4. (SB 1465) Effective January 1, 2025.)
  11. 17980.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    This section lets an enforcement agency seek court action for a hazardous building, including orders to retrofit or repair it and, if needed, appointment of a receiver.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.1. (a) If a building is identified by a city, city and county, or county pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13, or Section 8875.2 of the Government Code as being potentially hazardous to life in the event of an earthquake or is identified for any other reason to be hazardous to life in the event of an earthquake, or is identified as being in a condition that substantially endangers the health and safety of residents pursuant to Section 17980.6, an order requiring the building to be retrofitted to local seismic building standards or repaired so as not to violate any law, regulation, or ordinance applicable to the maintenance and use of the building, may be executed by the enforcement agency or its agents or contractors if all of the following conditions are satisfied: (1) The hazardous condition is of a nature that would endanger the immediate health and safety of residents or the public in the event of an earthquake. (2) The extent and nature of a hazardous condition related to seismic safety is such that it could be corrected with the application of current technology. (3) Any abatement order of the enforcement agency is not complied with or not so far complied with as the enforcement agency may regard as reasonable, within the time therein designated. (b) If the owner does not comply with the abatement order within a reasonable time after issuance of the order, the enforcement agency may, as an alternative to any other remedy permitted under law, seek the remedy provided by this section if the court finds the owner in violation of the abatement order and finds that the abatement order was issued in order to correct a hazardous condition which would endanger the immediate health and safety of residents or the public in the event of an earthquake or because of any violation of this part. (c) After serving notice upon the owner not less than 48 hours prior to the filing of the application in accordance with the procedures for notice specified by this subdivision, the enforcement agency, in accordance with this section, Sections 17980.1 to 17980.3, inclusive, and Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, may thereafter apply to the superior court in the county where the property is situated by petition for an order directing the owner and any mortgagees or lienors of record to show cause why an individual or group as proposed by the enforcement agency should not be appointed as a receiver, and why the receiver should not remove or remedy the condition and obtain a lien, as provided in Section 17980.2, in favor of the enforcement agency against the property, with the lien having the priority as specified in subdivision (b) of Section 17980.2, to secure repayment of the costs incurred by the receiver in removing or remedying the condition. The application shall contain all of the following: (1) Proof by affidavit that an abatement order of the enforcement agency has been issued and served on the owner, mortgagees, and lienors in accordance with this section, and that the notice containing the same particulars as are required in the abatement order, including the work to be done, has been filed in the office of the county recorder in which mechanic’s liens affecting the property would be filed. (2) A statement that the abatement order has not been complied with or not so far complied with as the enforcement agency may regard as reasonable within the time period therein designated. (3) A statement that a condition that constitutes a serious hazard and is a serious threat to life, health, or safety continues to exist upon the property, and a description of the property and the factors constituting the unsafe condition. (4) A plan describing how the receiver shall perform the required work, and how rents, issues, and profits shall be collected and distributed among the owner, mortgagee, lienor, and enforcement agency or receiver, and including an estimate as to the costs of the required work, the approximate time when the repairs will be completed, a statement as to whether a displacement of any occupant is required, and provisions regarding assistance for displaced occupants. (d) The order to show cause shall be returnable not less than five days after service is completed and shall provide for personal service of a copy thereof and the papers on which it is based on the owners and mortgagees of record and lienors. Alternative service may be made upon the owner by posting upon the property and thereafter mailing to the owner at the last known address, and upon the mortgagee or lienor by mailing to the address set forth in the recorded mortgage or lien and by publication in a newspaper of general circulation in the county where the premises are located. The service shall be completed on filing proof of service thereof in the office of the county clerk. (e) On the return of the order to show cause, the proceeding regarding that order shall have precedence over every other business of the court, unless the court finds that some other pending proceeding, having a similar statutory precedence, shall have priority. If the court finds good cause therefor, and finds that the cost of repairs, when added to any valid encumbrances on the building, shall not exceed the projected value of the building when repaired, then the court shall appoint a receiver named in the application or another person deemed appropriate, in accordance with this section and Section 17980.2. However, prior to the appointment of a receiver, if the owner or any mortgagee or lienor or other person having an interest in the property applies to the court to be permitted to remove or remedy the conditions, and demonstrates the ability promptly to undertake the work required, and posts security for the performance thereof within the time, and in the amount and manner deemed necessary by the court, then the court may, in lieu of appointing the receiver, issue an order permitting that person to perform the work within a time fixed by the court. (f) If the conditions have not been satisfactorily remedied or removed within the time fixed in the abatement order, then the court shall appoint a receiver. If, after granting a court order permitting a person to perform the work, but before the time fixed by the court for the completion thereof, it appears to the enforcement agency that the person permitted to do the work is not proceeding in a timely fashion, the enforcement agency may petition the court for a hearing to determine whether a receiver should be appointed immediately. On the failure of the owner, mortgagee, lienor, or other person having an interest in the property to complete the work in accordance with the provisions of the order, the costs of the receiver thereafter appointed in removing or remedying the condition, and for other charges herein provided for, shall be reimbursed, paid, or made subject to a lien pursuant to Section 17980.2, or any combination of these. (g) Upon the appointment of a receiver by the court, which shall include the posting of a bond by the receiver, pursuant to subdivision (b) of Section 567 of the Code of Civil Procedure, a copy of the order making the appointment, authenticated by a certificate of the clerk of the court and particularly describing the property which is subject to the receivership, shall be recorded in each county in which any portion of the land is located. However, if the court determines that the receiver will be acting under the general direction of the enforcement agency, the receiver may be deemed a public officer pursuant to Section 995.220 of the Code of Civil Procedure. (h) In addition to the powers specifically requested by the enforcement agency for the receiver, the receiver shall be authorized to employ attorneys, accountants, contractors, architects, engineers, and other clerical and professional personnel to assist the receiver in the performance of these duties and responsibilities. (i) Notwithstanding Section 6103 or 27383 of the Government Code, a county clerk or county recorder, or clerk of the court may charge a fee to any party, including a public agency, for the cost, incurred pursuant to this section, of filing, recording, or authentication of documents at the request of that party. (Amended by Stats. 2003, Ch. 474, Sec. 5. Effective January 1, 2004.)
  12. 17980.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    An enforcement agency may abate a dwelling nuisance after proper declaration and board confirmation, and must document and notify parties of abatement expenses.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.10. (a) An enforcement agency that properly declares any dwelling a nuisance and, using the notice requirements and procedures specified in Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code of Regulations, confirms the declaration by resolution of its governing board shall be deemed to have acquired jurisdiction to abate the nuisance by repairing or causing to have repairs made to the property, by razing or removing the dwelling or in any other way causing the nuisance to be abated. (b) The enforcement agency shall keep an itemized account of all of the expenses involved in abating the nuisance, including the razing or removing of the dwelling. The enforcement agency shall cause to be posted conspicuously on the property where the nuisance was abated, repairs were made, or where the dwelling was razed or removed, an expense statement. This statement shall be verified by the officer of the enforcement agency in charge of doing the work, showing the reasonable gross and net expense of the abatement actions taken by the agency, including the expense of inspections; repairs, if any; the cost of the razing or removing of the building, if applicable; and any other costs of abatement, together with a notice of the time and place when and where the statement shall be submitted to the governing board of the enforcement agency for approval and confirmation. In addition to being posted on the property, this statement shall be sent by certified mail to each owner and other interested party, as specified in Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code of Regulations. (c) At the meeting noticed pursuant to subdivision (b), the governing board shall consider any objections or protests, if any, that may be raised by the property owner liable to be assessed for the cost of the work, or by any other interested persons. If the governing board confirms the statement of costs of abatement, those costs shall be the obligation of each owner of the property to pay to the public entity that has incurred them. (d) Notwithstanding any other provision of law, any hearing required under this section shall be conducted in accordance with requirements adopted by the enforcement agency that are in substantial compliance with those contained in Chapter 13 (commencing with Section 1301), or the successor provisions to that chapter, of the most recent edition of the Uniform Housing Code of the International Conference of Building Officials or as specified in Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code of Regulations. (Added by renumbering Section 17980.8 (as added by Stats. 1989, Ch. 1194) by Stats. 2003, Ch. 474, Sec. 6. Effective January 1, 2004.)
  13. 17980.11.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    An enforcement agency may require a private owner to provide specified property-owner information within 10 days after recording a notice of substandard or untenantable conditions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.11. If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a residential structure, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information: (a) If the property owner is an individual, the name, address, driver’s license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code. (b) If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 24436.5 of the Revenue and Taxation Code. (c) If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity that has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, driver’s license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code. (Amended by Stats. 2024, Ch. 487, Sec. 6. (SB 1465) Effective January 1, 2025.)
  14. 17980.12.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    This section requires certain notices to tell accessory dwelling unit owners they can request a delay in enforcement, lets qualifying owners apply for a five-year delay, limits local agencies from requiring correction of some primary-dwelling violations as a permit condition, and bars new approvals after January 1, 2030.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in subdivision (a) of Section 66313 of the Government Code. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Amended by Stats. 2024, Ch. 494, Sec. 8. (SB 1514) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions.)
  15. 17980.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    This section lets the enforcement agency serve notice, record and collect liens, and sue to recover abatement costs; it also gives a complying owner a right to recover a share from other owners.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.2. (a) If the enforcement agency, in accordance with Section 17980.1, shall desire that the receiver obtain a lien for costs incurred in connection therewith in favor of the enforcement agency, the enforcement agency, within five days after the service of the abatement order upon the owner, shall serve a copy of the abatement order upon the lienor and mortgagee of record personally or by registered mail, return receipt requested, at the address set forth in the recorded mortgage or lien. A notice addressed to the mortgagee and lienor shall be appended to the copy of the abatement order, stating that in the event the unsafe conditions are not removed or remedied in the manner and within the time specified in the abatement order, the enforcement agency may apply to the superior court for an order to show cause why a receiver shall not be appointed. (b) The enforcement agency or a receiver appointed pursuant to this section and Section 17980.1 may record a lien against the real property on which the building is located for the expenses necessarily incurred in the execution of the abatement order, for work done in carrying out the abatement order, and for the costs incurred by the county recorder in recording the lien. Notwithstanding Section 6103 or 27383 of the Government Code, the county recorder may charge a fee to any party for the cost, incurred pursuant to this section, of recording the lien at the request of that party. Liens authorized by this subdivision shall specify the amount of the lien, the name of the agency or agencies on whose behalf the lien is imposed, the date of the abatement order or the order of the court which required the work to be done, the name of the receiver, if any, appointed pursuant to Section 17980.1, and the legal description assessor’s parcel number, and the record owner of the real property. The lien shall be recorded in the office of the county recorder of any county in which all or any portion of the real property is located, and from the date of recording shall have the force, effect, and priority of a judgment lien. The enforcement agency may defer payment of the lien until the property is sold or the enforcement agency may require that the lien be paid in installments. The amount of the lien authorized by this subdivision shall in no event exceed the reasonable costs of repair, as determined pursuant to Section 17980.3. Nothing in this section or in Section 17980.3 shall authorize the forced sale of the property to secure payment of the judgment lien. (c) Whenever the enforcement agency has incurred expense for which payment is due under this section, Section 17980.3, or 17980.4, the enforcement agency may institute and maintain a suit against the owner of the building, and may recover the amount of that expense. In any case where expenditures have been made, or obligations incurred, by a receiver pursuant to Section 17980.3, and these are not paid or reimbursed from rents and income of the building, the receiver may institute and maintain a suit against the owner to recover the deficiency. Upon the awarding of a money judgment in any action authorized by this section, until the same is paid or discharged, the judgment shall be a lien like other judgments, pursuant to Chapter 2 (commencing with Section 697.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (d) Unless, within six months after actual notice, proceedings to discharge the lien are undertaken by the party against whom, or against whose premises, a lien is claimed, the filing shall, as to all persons having actual notice, become conclusive evidence that the amount claimed in the lien, with interest, is due, and is a just lien upon the premises. (e) Where there is more than one owner, except as the owners may have otherwise mutually agreed, any owner who removes or remedies the unsafe condition shall be entitled to recover a proportionate share of the total expense of the compliance from all other owners to whom the abatement order was issued. (Added by Stats. 1990, Ch. 192, Sec. 3.)
  16. 17980.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    A receiver must fix unsafe conditions, arrange temporary housing and relocation costs when repairs seriously disrupt tenants, and give notice and reoccupancy timeframes. Tenants must give notice if they want to return and may lose that right if they do not.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.3. (a) Any receiver appointed pursuant to this section shall have all of the powers and duties conferred by this section, and Sections 17980.1 and 17980.2, and shall have the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property, as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure. The receiver, with all reasonable speed, shall remedy the unsafe condition and remove all the delinquent matters and deficiencies in the building, as specified in the abatement order. Unless otherwise ordered by the court, the receiver shall have the power to let contracts therefor or incur expenses in accordance with the provisions of local laws, ordinances, rules, or regulations applicable to contracts for public works. (b) If the conditions of the premises and repairs thereto significantly interfere with the peaceful enjoyment or safe and sanitary use of the premises by any tenant, the receiver shall arrange for comparable temporary housing which is decent, safe, and sanitary for each tenant required to be relocated. The receiver shall pay relocation costs to each tenant as provided in Section 7262 of the Government Code. The costs shall be limited to the time that the premises are being repaired. The receiver shall mail to the owner and tenants at least 30 days prior to completion of the repairs a notice that the unit will be available for occupancy. The tenant shall have 14 days from the date the receiver’s notification was mailed to notify the landlord of his or her intent to reoccupy the dwelling unit. The tenant shall have seven days to reoccupy the unit once the unit is deemed habitable. Failure of the tenant to notify the owner and receiver of the tenant’s intent to reoccupy the unit shall extinguish this right to reoccupy. (c) The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. These fees and commissions shall be paid into any fund created pursuant to Section 17980.5. The receiver shall be liable only in the receiver’s official capacity for injury to person and property by reason of conditions of the premises in a case where an owner would have been liable. The receiver shall not be liable in the receiver’s personal capacity. Upon the request of the receiver, the enforcement agency or the department, or both, shall make their personnel and facilities available to the receiver for the purpose of carrying out the receiver’s duties as the receiver, and the cost of these services shall be deemed a necessary expense of the receiver. (d) The receiver shall be discharged upon rendering a full and complete accounting to the court when the condition has been removed and the cost thereof and all other costs authorized by this section have been paid, reimbursed, or made subject to a lien pursuant to subdivision (b) of Section 17980.2, or any combination of these. Upon the removal of the condition, the owner, the mortgagee, or any lienor may apply for the discharge of the receiver of all moneys not expended by the receiver for removal of the condition and all other costs authorized by this section. (Added by Stats. 1990, Ch. 192, Sec. 4.)
  17. 17980.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    When the enforcement agency sues for order-execution expenses, it may also seek civil remedies for chapter violations; judgments and related expenses can become liens.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.4. (a) Whenever the enforcement agency sues for the expenses involved in the execution of any order, it may join in the same suit and claim any civil remedy for the violation of any provisions of this chapter. Joint or several judgments may be had against one or more of the defendants in the suit, as they or any of them may be liable in respect of all or any of these claims. The expenses of executing the order, and any judgment in any abatement suit provided for in this chapter, and the several judgments that may be recovered for any of these expenses and judgments, until the same are paid or discharged, shall be a lien like other judgments, pursuant to Chapter 2 (commencing with Section 697.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (b) Nothing in this section or in Sections 17980.1 to 17980.3, inclusive, shall be deemed to relieve the owner of any civil or criminal liability incurred or any duty imposed by reason of acts or omissions of the owner prior to the appointment of any receiver, nor shall anything contained to those sections be construed to suspend during the receivership any obligation of the owner for the payment of taxes or operating and maintenance expenses of the dwelling or any obligation of the owner or any other person for the payment of mortgages or liens. The remedies pursuant to this section or Sections 17980.1 to 17980.3, inclusive, shall be in addition to any other remedies provided by law. (Added by Stats. 1990, Ch. 192, Sec. 5.)
  18. 17980.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    The local enforcement agency may establish and maintain a special fund to implement Sections 17980.1 to 17980.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.5. The local enforcement agency may establish and maintain a special fund for the purpose of implementing Sections 17980.1 to 17980.4, inclusive. (Added by Stats. 1990, Ch. 192, Sec. 6.)
  19. 17980.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    An enforcement agency may issue a repair-or-abate order or notice when serious building violations substantially endanger health or safety, and the notice must be served and contain specified information.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.6. If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair or abate pursuant to this part. Any order or notice pursuant to this subdivision shall be provided either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected residential unit, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected residential unit. The order or notice shall include, but is not limited to, all of the following: (a) The name, address, and telephone number of the agency that issued the notice or order. (b) The date, time, and location of any public hearing or proceeding concerning the order or notice. (c) Information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code. (Amended by Stats. 2001, Ch. 414, Sec. 4. Effective January 1, 2002.)
  20. 17980.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    If an owner does not comply with a Section 17980.6 order or notice within a reasonable time, the court may impose Chapter 6 penalties, limit certain tax deductions, and allow receiver-related remedies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.7. If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply: (a) The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995). (b) (1) The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code. (2) If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year. (c) The enforcement agency, tenant, or tenant association or organization may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was posted in a prominent place on the substandard building and mailed first-class mail to all persons with a recorded interest in the real property upon which the substandard building exists not less than three days prior to filing the petition. The petition shall be served on the owner pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. The appointment of a receiver for the substandard building pursuant to another provision of law shall not prevent an enforcement agency from seeking, or the court from appointing or replacing, a receiver pursuant to this section. In such instance, the provisions of this section shall apply in addition to the original provision of law. (1) In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation. (2) The court shall not appoint any person as a receiver unless the person has demonstrated to the court their capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building. (3) If a receiver is appointed, the owner and the owner’s agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated. (4) Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits: (A) To take full and complete control of the substandard property. (B) To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property. (C) To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation. (D) To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation. (E) To collect all rents and income from the substandard building. (F) To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation. (G) To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the enforcement agency or the receiver for services performed pursuant to this article with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorder’s office in the county within which the building is located. (H) To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure. (5) The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. (6) If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in their unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d). (7) The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance. (8) In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency that shall contain information on at least the following items: (A) The total amount of rent payments received. (B) Nature and amount of contracts negotiated relative to the operation or repair of the property. (C) Payments made toward the repair of the premises. (D) Progress of necessary repairs. (E) Other payments made relative to the operation of the building. (F) Amount of tenant relocation benefits paid. (9) The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section. (10) After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, which may be extended by order of the court to ensure continuing compliance, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court. (11) The prevailing party in an action pursuant to this section shall be entitled to reasonable attorney’s fees and court costs as may be fixed by the court. (12) The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code. (13) This section shall not be construed to limit those rights available to tenants and owners under any other provision of the law. (14) This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders that are issued by the enforcement agency or the court. (15) Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the receivership in addition to any other remedy authorized by law. (d) If the court finds that a building is in a condition that substantially endangers the health and safety of residents pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following: (1) Order the owner to pay all reasonable and actual costs of the enforcement agency, including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney’s fees or costs, and all costs of prosecution. (2) Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment. (3) (A) Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following: (i) Transportation of the tenant’s personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified. (ii) Packing, crating, unpacking, and uncrating the tenant’s personal property. (iii) Insurance of the tenant’s property while in transit. (iv) The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, their agent, or their employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available. (v) The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service. (B) (i) The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days. (ii) If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that the tenant actually relocates. (4) Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which the tenant has relocated within five days after the relocation. (5) (A) Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owner’s offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenant’s address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy. (B) The tenant shall notify the owner in writing that the tenant will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner. (6) Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available. (e) The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a “proceeding” or “judgment” as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code. (f) The term “owner,” for the purposes of this section, shall include the owner, including any public entity that owns residential real property, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution. (g) These remedies shall be in addition to those provided by any other law. (h) This section and Section 17980.6 shall not impair the rights of an owner exercising the owner’s rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code. (i) Notwithstanding Section 917.5 of the Code of Civil Procedure, an appeal of a court order or judgment issued pursuant to this article shall not stay proceedings upon the order or judgment, absent an extraordinary writ being issued by the appropriate appeals court upon a properly filed petition. (j) For purposes of this section, “petition” includes a complaint. (Amended by Stats. 2024, Ch. 487, Sec. 5. (SB 1465) Effective January 1, 2025.)
  21. 17980.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    If an administrative proceeding finds an unsafe or substandard building condition, the enforcement agency may abate the nuisance or use other powers given by this part, and the owner’s challenge is limited to the remedy in Code of Civil Procedure Section 1094.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.8. Notwithstanding any other provision of law, if a determination that an unsafe or substandard condition exists in any building, or upon the lot upon which it is situated, has been made in an administrative proceeding conducted under this part, including any code incorporated by Section 17922, the enforcement agency may abate the nuisance as provided in this part or exercise any other authority conferred upon it by this part, subject only to the exclusive remedy of the owner to challenge the administrative determination pursuant to Section 1094. 5 of the Code of Civil Procedure. The court may exercise its independent judgment on the evidence to determine whether the findings are supported by the weight of the evidence. This section shall apply only to administrative proceedings commenced on or after January 1, 1990. (Added by Stats. 1989, Ch. 376, Sec. 1.)
  22. 17980.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    When the agency inspects a vacant single-family dwelling in Los Angeles or San Diego and finds a nuisance or substandard conditions, it must give notice and then take abatement action; the owner may choose repair or demolition in some cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17980.9. Notwithstanding Section 17980, whenever the enforcement agency inspects any vacant single-family dwelling within the City of Los Angeles or the City of San Diego pursuant to this chapter, all of the following shall apply: (a) If a nuisance exists in any vacant single-family dwelling or upon the lot on which it is situated, the enforcement agency shall, after 15 days’ notice to abate the nuisance, institute any appropriate action or proceeding to prevent, restrain, correct, or abate the nuisance. (b) (1) Whenever the enforcement agency has inspected or caused to be inspected any vacant single-family dwelling and has determined that the building is a substandard dwelling, the enforcement agency shall, after giving 15 days’ notice to the owner, commence proceedings to abate the violation by repair, rehabilitation, or demolition of the building. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the enforcement agency shall require that the building be brought into compliance according to a reasonable and feasible schedule for expeditious repair. The enforcement agency may require demolition or may itself repair, demolish, or institute any other appropriate action or proceeding, if any of the following occur: (A) The repair work is not done as scheduled. (B) The owner does not make a timely choice of repair or demolition. (C) The owner selects an option that cannot be completed within a reasonable period of time, as determined by the department, for any reason, including, but not limited to, an outstanding judicial or administrative order. (2) In deciding whether to repair as necessary, the enforcement agency shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 50 percent of the dwelling, as determined by the enforcement agency, and shall give full consideration to the needs for housing as expressed in the local jurisdiction’s housing element. (c) All notices issued by the enforcement agency to correct violations or to abate nuisances shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year. (d) The enforcement agency may charge the owner of the building for its postage or mileage cost for sending or posting the notices required to be given by this section. (Amended by Stats. 2001, Ch. 594, Sec. 2. Effective January 1, 2002.)
  23. 17981.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    An enforcement agency bringing an action or proceeding under this article may apply to superior court by verified complaint for an order granting the requested relief, until final judgment or order is entered.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17981. An enforcement agency which institutes any action or proceeding pursuant to this article may, by verified complaint setting forth the facts, apply to the superior court for an order granting the relief for which the action or proceeding is brought until the entry of a final judgment or order. (Added by Stats. 1961, Ch. 1844.)
  24. 17982.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    If a notice or order from an enforcement agency is not complied with within the specified reasonable time, the agency may ask the superior court for permission to remove the violation or abate the nuisance.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17982. If any notice or order issued by an enforcement agency is not complied with within a reasonable time as specified in such notice or order the enforcement agency may apply to the superior court for an order authorizing it to remove any violation or abate any nuisance specified in the notice or order. (Added by Stats. 1961, Ch. 1844.)
  25. 17983.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    The superior court may make any order requested under this article.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17983. The superior court may make any order for which application is made pursuant to this article. (Added by Stats. 1961, Ch. 1844.)
  26. 17984.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    An enforcement agency, its officers, and any city or county it acts for are not liable for costs in actions or proceedings the agency starts under this article.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17984. Neither an enforcement agency, any of its officers, nor any city or county for which an enforcement agency may act, is liable for costs in any action or proceeding that the enforcement agency may commence pursuant to this article. (Added by Stats. 1961, Ch. 1844.)
  27. 17985.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    An enforcement agency that starts an action under this article must record a notice with the county recorder, may charge the property owner for recording costs, must reimburse those costs if the case is dismissed or the defendant is found innocent, and must also record a final disposition notice after the case ends.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17985. (a) Any enforcement agency which institutes an action or proceeding pursuant to this article shall record a notice of the pendency of the action or proceeding in the county recorder’s office of the county where the property affected by the action or proceeding is situated. The enforcement agency may charge the property owner for any cost involved in recording the notice. The enforcement agency shall reimburse the owner for any amount charged if the case is dismissed or if the defendant is found innocent. The notice shall be recorded at the time of the commencement of the action or proceeding. It has the same effect as the notice of pendency of action provided for in the Code of Civil Procedure. (b) The enforcement agency shall record a notice of final disposition of any action or proceeding in the county recorder’s office where the property affected by the action or proceeding was recorded immediately following final resolution of the action or proceeding. (Amended by Stats. 1982, Ch. 1545, Sec. 3.)
  28. 17986.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    If a notice of pendency of action or proceeding is filed with the county recorder, the recorder must record and index it as directed by the enforcement agency officer.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17986. The county recorder with whom a notice of pendency of action or proceeding is filed shall record and index it in the name of each person to be specified in a direction subscribed by an officer of the enforcement agency instituting the action or proceeding. (Added by Stats. 1961, Ch. 1844.)
  29. 17987.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    A judge may order a notice of pendency of action or proceeding vacated, and a certified copy of that order may be recorded with the county recorder.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17987. Any notice of pendency of action or proceeding may be vacated upon the order of a judge of the court in which the action or proceeding is pending. A certified copy of the order of vacation may be recorded in the office of the recorder of the county where the notice of pendency of action is recorded. (Added by Stats. 1961, Ch. 1844.)
  30. 17988.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    In actions or proceedings under this article, service of summons is sufficient if it is made in the manner provided by the Code of Civil Procedure.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17988. In any action or proceeding brought pursuant to this article, service of summons is sufficient if served in the manner provided in the Code of Civil Procedure. (Added by Stats. 1961, Ch. 1844.)
  31. 17989.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    Notices or orders under this part must be served five days before the relevant time, unless conditions immediately affecting health or safety apply.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17989. Except under conditions immediately affecting health or safety, every notice or order issued pursuant to this part shall be served five days before the time for doing or refraining from doing the thing to which it pertains. (Added by Stats. 1961, Ch. 1844.)
  32. 1799.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The Commission on Emergency Medical Services is created in the California Health and Human Services Agency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1799. The Commission on Emergency Medical Services is hereby created in the California Health and Human Services Agency. (Amended by Stats. 2008, Ch. 275, Sec. 3. Effective January 1, 2009.)
  33. 1799.100.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Certain organizations that voluntarily provide training-related support in emergency medical services are not liable for civil damages arising from those training programs, if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.100. In order to encourage local agencies and other organizations to train people in emergency medical services, no local agency, entity of state or local government, private business or nonprofit organization included on the statewide registry that voluntarily and without expectation and receipt of compensation donates services, goods, labor, equipment, resources, or dispensaries or other facilities, in compliance with Section 8588.2 of the Government Code, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of people, or certifies those people, excluding physicians and surgeons, registered nurses, and licensed vocational nurses, as defined, in emergency medical services, shall be liable for any civil damages alleged to result from those training programs. (Amended by Stats. 2008, Ch. 363, Sec. 3. Effective January 1, 2009.)
  34. 1799.101.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    A person may take reasonable steps to rescue a child from a motor vehicle when the child appears to be in immediate danger, and emergency responders have specific follow-up duties after a rescue.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.101. (a) (1) A person may take any reasonable steps that are necessary to remove a child from a motor vehicle if the person holds a reasonable belief that the child’s safety is in immediate danger from heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child. (2) A person who removes a child from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: (A) Determines the vehicle is locked or there is otherwise no reasonable manner for the child to be removed from the vehicle. (B) Has a good faith belief that forcible entry into the vehicle is necessary because the child is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. (C) Has contacted a local law enforcement agency, the fire department, or the “911” emergency service prior to forcibly entering the vehicle. (D) Remains with the child in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer or another emergency responder arrives. (E) Used no more force to enter the vehicle and remove the child from the vehicle than was necessary under the circumstances. (F) Immediately turns the child over to a representative from law enforcement or another emergency responder who responds to the scene. (b) (1) This section does not prevent a peace officer, firefighter, or other emergency responder from removing a child from a motor vehicle if the child’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the child. (2) A peace officer, firefighter, or other emergency responder who removes a child from a motor vehicle, or who takes possession of a child who has been removed from a motor vehicle, shall arrange for the treatment and transport of the child according to the medical control policies of the local EMS agency. The parent of a child removed from a vehicle may be required to pay for charges that may accrue for the care or medical treatment of the child. (3) A peace officer, firefighter, or other emergency responder may take all steps that are reasonably necessary for the removal of a child from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort is made to locate the owner or other person responsible. (4) A peace officer, firefighter, or other emergency responder who removes a child from a motor vehicle or who receives a child rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing their name and office and the address of the location where the child will be treated. (c) For purposes of this section, “child” means a child who is six years of age or younger. (Added by Stats. 2020, Ch. 352, Sec. 2. (AB 2717) Effective January 1, 2021.)
  35. 1799.102.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    People who, in good faith and without pay, give emergency medical or nonmedical help at the scene of an emergency are generally protected from civil damages, except for gross negligence or willful or wanton misconduct in the broader rule.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.102. (a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter. (b) (1) It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly. (2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision shall not be construed to alter existing protections from liability for licensed medical or other personnel specified in subdivision (a) or any other law. (c) Nothing in this section shall be construed to change any existing legal duties or obligations, nor does anything in this section in any way affect the provisions in Section 1714.5 of the Civil Code, as proposed to be amended by Senate Bill 39 of the 2009–10 Regular Session of the Legislature. (d) The amendments to this section made by the act adding subdivisions (b) and (c) shall apply exclusively to any legal action filed on or after the effective date of that act. (Amended by Stats. 2009, Ch. 77, Sec. 1. Effective August 6, 2009. Note: As referenced in subd. (d), subds. (b) and (c) were added in the amendment by Stats. 2009, Ch. 77.)
  36. 1799.103.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Employers generally may not block employees from voluntarily giving emergency medical services in a medical emergency, but there are exceptions for trained staff policies and do-not-resuscitate situations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.103. (a) An employer shall not adopt or enforce a policy prohibiting an employee from voluntarily providing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, in response to a medical emergency, except as provided in subdivisions (b) and (c). (b) Notwithstanding subdivision (a), an employer may adopt and enforce a policy authorizing employees trained in emergency services to provide those services. However, in the event of an emergency, any available employee may voluntarily provide emergency medical services if a trained and authorized employee is not immediately available or is otherwise unable or unwilling to provide emergency medical services. (c) Notwithstanding subdivision (a), an employer may adopt and enforce a policy prohibiting an employee from performing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, on a person who has expressed the desire to forgo resuscitation or other medical interventions through any legally recognized means, including, but not limited to, a do-not-resuscitate order, a Physician Orders for Life Sustaining Treatment form, an advance health care directive, or a legally recognized health care decisionmaker. (d) This section does not impose any express or implied duty on an employer to train its employees regarding emergency medical services or cardiopulmonary resuscitation. (Added by Stats. 2013, Ch. 591, Sec. 1. (AB 633) Effective January 1, 2014.)
  37. 1799.104.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Physicians, nurses, EMT-IIs, and mobile intensive care paramedics get liability protection when acting in good faith under this section.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.104. (a) No physician or nurse, who in good faith gives emergency instructions to an EMT-II or mobile intensive care paramedic at the scene of an emergency, shall be liable for any civil damages as a result of issuing the instructions. (b) No EMT-II or mobile intensive care paramedic rendering care within the scope of his duties who, in good faith and in a nonnegligent manner, follows the instructions of a physician or nurse shall be liable for any civil damages as a result of following such instructions. (Added by Stats. 1980, Ch. 1260.)
  38. 1799.105.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Certain poison control center personnel are protected from civil damages for emergency advice, with liability remaining for gross negligence or bad faith.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.105. (a) A poison control center which (1) meets the minimum standards for designation and operation established by the authority pursuant to Section 1798.180, (2) has been designated a regional poison control center by the authority, and (3) provides information and advice for no charge on the management of exposures to poisonous or toxic substances, shall be immune from liability in civil damages with respect to the emergency provision of that information or advice, for acts or omissions by its medical director, poison information specialist, or poison information provider as provided in subdivisions (b) and (c). (b) Any poison information specialist or poison information provider who provides emergency information and advice on the management of exposures to poisonous or toxic substances, through, and in accordance with, protocols approved by the medical director of a poison control center specified in subdivision (a), shall only be liable in civil damages, with respect to the emergency provision of that information or advice, for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. This subdivision shall not be construed to immunize the negligent adoption of a protocol. (c) The medical director of a poison control center specified in subdivision (a) who provides emergency information and advice on the management of exposures to poisonous or toxic substances, where the exposure is not covered by an approved protocol, shall be liable only in civil damages, with respect to the emergency provision of that information or advice, for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. This subdivision shall neither be construed to immunize the negligent failure to adopt adequate approved protocols nor to confer liability upon the medical director for failing to develop or approve a protocol when the development of a protocol for a specific situation is not practical or the situation could not have been reasonably foreseen. (Added by Stats. 1988, Ch. 1192, Sec. 1.)
  39. 1799.106.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Emergency medical responders listed in this section are liable in civil damages only for grossly negligent acts or omissions or acts or omissions not done in good faith, and the employing public agency is not liable if the responder is not liable.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.106. (a) In addition to the provisions of Section 1799.104 of this code, Section 2727.5 of the Business and Professions Code, and Section 1714.2 of the Civil Code, and in order to encourage the provision of emergency medical services by firefighters, police officers or other law enforcement officers, EMT-I, EMT-II, EMT-P, or registered nurses, a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport shall only be liable in civil damages for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. A public agency employing such a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse shall not be liable for civil damages if the firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse is not liable. (b) For purposes of this section, “registered nurse” means a registered nurse trained in emergency medical services and licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code. (Amended by Stats. 2012, Ch. 69, Sec. 2. (SB 1365) Effective January 1, 2013.)
  40. 1799.107.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Public entities and emergency rescue personnel have immunity from liability for injuries caused by actions taken to provide emergency services, unless the action was in bad faith or grossly negligent, and subject to a Vehicle Code exception.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.107. (a) The Legislature finds and declares that a threat to the public health and safety exists whenever there is a need for emergency services and that public entities and emergency rescue personnel should be encouraged to provide emergency services. To that end, a qualified immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services. (b) Except as provided in Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code, neither a public entity nor emergency rescue personnel shall be liable for any injury caused by an action taken by the emergency rescue personnel acting within the scope of their employment to provide emergency services, unless the action taken was performed in bad faith or in a grossly negligent manner. (c) For purposes of this section, it shall be presumed that the action taken when providing emergency services was performed in good faith and without gross negligence. This presumption shall be one affecting the burden of proof. (d) For purposes of this section, “emergency rescue personnel” means any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, or of a private fire department, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services as defined by subdivision (e). (e) For purposes of this section, “emergency services” includes, but is not limited to, first aid and medical services, rescue procedures and transportation, or other related activities necessary to insure the health or safety of a person in imminent peril. (Amended by Stats. 1998, Ch. 617, Sec. 1. Effective January 1, 1999.)
  41. 1799.108.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Certified prehospital emergency field care providers are liable for civil damages only when their acts or omissions are grossly negligent or not done in good faith.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.108. Any person who has a certificate issued pursuant to this division from a certifying agency to provide prehospital emergency field care treatment at the scene of an emergency, as defined in Section 1799.102, shall be liable for civil damages only for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. (Amended by Stats. 1986, Ch. 248, Sec. 139.)
  42. 1799.109.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Emergency responders may give basic first aid to dogs and cats if their employer does not prohibit it, and they are shielded from criminal prosecution for covered veterinary-practice violations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.109. (a) The Legislature finds and declares all of the following: (1) California residents receive comfort and unconditional love on a daily basis from their household pets, particularly dogs and cats. (2) California residents benefit from the special support, comfort, guidance, companionship, and therapy provided by dogs and cats. (3) Pets provide critical support to many California residents with disabilities. (4) Pets provide assistance and aid in the official duties of military personnel, peace officers, law enforcement agencies, fire departments, and search-and-rescue agencies. (5) In enacting this section, it is the intent of the Legislature to authorize emergency responders to provide, on a voluntary basis, basic first aid to dogs and cats without exposure to criminal prosecution or professional discipline for the unlawful practice of veterinary medicine. (b) An emergency responder may provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder’s employer, and the responder shall not be subject to criminal prosecution for a violation of any provision of Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code resulting from the provision of care described in this subdivision. (c) Civil liability for a person who is not a veterinarian who provides care to a pet or other domesticated animal during an emergency is governed by the following: (1) Subdivision (a) of Section 1799.102 governs care provided by an emergency responder, or law enforcement and emergency personnel specified in this chapter. (2) Subdivision (b) of Section 1799.102 governs care provided by any person other than an individual described in paragraph (1). (d) Notwithstanding any other law, this section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency. (e) For purposes of this section, the following definitions apply: (1) “Cat” means a small domesticated feline animal that is kept as a pet. “Cat” does not include nondomesticated wild animals. (2) “Dog” means a domesticated canine animal owned for companionship, service, therapeutic, or assistance purposes. (3) “Emergency responder” means a person who is certified or licensed to provide emergency medical services. (4) “Employer” means an entity or organization that employs or enlists the services of an emergency responder. (5) “Basic first aid to dogs and cats” means providing immediate medical care to a dog or cat by an emergency responder, in an emergency situation to which the emergency responder is responding, that is intended to stabilize the dog or cat so that the dog or cat can be transported by the owner as soon as practical to a veterinarian for treatment and which is provided through the following means: (A) Administering oxygen. (B) Managing ventilation by mask. (C) Manually clearing the upper airway, not including tracheal intubation or surgical procedures. (D) Controlling hemorrhage with direct pressure. (E) Bandaging for the purpose of stopping bleeding. (f) This section does not require or authorize the provision of emergency services to dogs or cats in response to a telephone call to the 911 emergency system and is not a basis for liability for the failure to provide emergency services to dogs or cats in response to a telephone call to the 911 emergency system. (Amended by Stats. 2025, Ch. 98, Sec. 2. (AB 463) Effective January 1, 2026.)
  43. 1799.110.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    In certain negligence cases involving emergency medical services in a general acute care hospital emergency department, the trier of fact must consider the emergency circumstances and the ordinary care and skill of comparable physicians, and the court may admit expert testimony only from qualified physicians and surgeons with recent emergency coverage experience.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.110. (a) In any action for damages involving a claim of negligence against a physician and surgeon arising out of emergency medical services provided in a general acute care hospital emergency department, the trier of fact shall consider, together with all other relevant matters, the circumstances constituting the emergency, as defined herein, and the degree of care and skill ordinarily exercised by reputable members of the physician and surgeon’s profession in the same or similar locality, in like cases, and under similar emergency circumstances. (b) For the purposes of this section, “emergency medical services” and “emergency medical care” means those medical services required for the immediate diagnosis and treatment of medical conditions which, if not immediately diagnosed and treated, could lead to serious physical or mental disability or death. (c) In any action for damages involving a claim of negligence against a physician and surgeon providing emergency medical coverage for a general acute care hospital emergency department, the court shall admit expert medical testimony only from physicians and surgeons who have had substantial professional experience within the last five years while assigned to provide emergency medical coverage in a general acute care hospital emergency department. For purposes of this section, “substantial professional experience” shall be determined by the custom and practice of the manner in which emergency medical coverage is provided in general acute care hospital emergency departments in the same or similar localities where the alleged negligence occured. (Added by Stats. 1983, Ch. 1246, Sec. 41.)
  44. 1799.111.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Certain hospitals and listed staff are protected from civil or criminal liability when they detain a person under the section’s conditions.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.111. (a) Subject to subdivision (b), a licensed general acute care hospital, as defined in subdivision (a) of Section 1250, that is not a county-designated facility pursuant to Section 5150 of the Welfare and Institutions Code, a licensed acute psychiatric hospital, as defined in subdivision (b) of Section 1250, that is not a county-designated facility pursuant to Section 5150 of the Welfare and Institutions Code, licensed professional staff of those hospitals, or any physician and surgeon, providing emergency medical services in any department of those hospitals to a person at the hospital is not civilly or criminally liable for detaining a person if all of the following conditions exist during the detention: (1) The person cannot be safely released from the hospital because, in the opinion of the treating physician and surgeon, or a clinical psychologist with the medical staff privileges, clinical privileges, or professional responsibilities provided in Section 1316.5, the person, as a result of a mental health disorder, presents a danger to themselves, or others, or is gravely disabled. For purposes of this paragraph, “gravely disabled” has the same definition as in paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. (2) The hospital staff, treating physician and surgeon, or appropriate licensed mental health professional, have made, and documented, repeated unsuccessful efforts to find appropriate mental health treatment for the person. (A) Telephone calls or other contacts required pursuant to this paragraph shall commence at the earliest possible time when the treating physician and surgeon has determined the time at which the person will be medically stable for transfer. (B) The contacts required pursuant to this paragraph shall not begin after the time when the person becomes medically stable for transfer. (3) The person is not detained beyond 24 hours. (4) There is probable cause for the detention. (b) If the person is detained pursuant to subdivision (a) beyond eight hours, but less than 24 hours, both of the following additional conditions shall be met: (1) A discharge or transfer for appropriate evaluation or treatment for the person has been delayed because of the need for continuous and ongoing care, observation, or treatment that the hospital is providing. (2) In the opinion of the treating physician and surgeon, or a clinical psychologist with the medical staff privileges or professional responsibilities provided for in Section 1316.5, the person, as a result of a mental health disorder, is still a danger to themselves, or others, or is gravely disabled, as defined in paragraph (1) of subdivision (a). (c) In addition to the immunities set forth in subdivision (a), a licensed general acute care hospital, as defined in subdivision (a) of Section 1250, that is not a county-designated facility pursuant to Section 5150 of the Welfare and Institutions Code, a licensed acute psychiatric hospital, as defined by subdivision (b) of Section 1250, that is not a county-designated facility pursuant to Section 5150 of the Welfare and Institutions Code, licensed professional staff of those hospitals, or a physician and surgeon, providing emergency medical services in any department of those hospitals to a person at the hospital shall not be civilly or criminally liable for the actions of a person detained up to 24 hours in those hospitals who is subject to detention pursuant to subdivision (a) after that person’s release from the detention at the hospital, if all of the following conditions exist during the detention: (1) The person has not been admitted to a licensed general acute care hospital or a licensed acute psychiatric hospital for evaluation and treatment pursuant to Section 5150 of the Welfare and Institutions Code. (2) The release from the licensed general acute care hospital or the licensed acute psychiatric hospital is authorized by a physician and surgeon or a clinical psychologist with the medical staff privileges or professional responsibilities provided for in Section 1316.5, who determines, based on a face-to-face examination of the person detained, that the person does not present a danger to themselves or others and is not gravely disabled, as defined in paragraph (1) of subdivision (a). In order for this paragraph to apply to a clinical psychologist, the clinical psychologist shall have a collaborative treatment relationship with the physician and surgeon. The clinical psychologist may authorize the release of the person from the detention, but only after the clinical psychologist has consulted with the physician and surgeon. In the event of a clinical or professional disagreement regarding the release of a person subject to the detention, the detention shall be maintained unless the hospital’s medical director overrules the decision of the physician and surgeon opposing the release. Both the physician and surgeon and the clinical psychologist shall enter their findings, concerns, or objections in the person’s medical record. (d) Notwithstanding any other law, an examination, assessment, or evaluation that provides the basis for a determination or opinion of a physician and surgeon or a clinical psychologist with the medical staff privileges or professional responsibilities provided for in Section 1316.5 that is specified in this section may be conducted using telehealth. (e) This section does not affect the responsibility of a general acute care hospital or an acute psychiatric hospital to comply with all state laws and regulations pertaining to the use of seclusion and restraint and psychiatric medications for psychiatric patients. Persons detained under this section shall retain their legal rights regarding consent for medical treatment. (f) A person detained under this section shall be credited for the time detained, up to 24 hours, if the person is placed on a subsequent 72-hour hold pursuant to Section 5150 of the Welfare and Institutions Code. (g) The amendments to this section made by Chapter 308 of the Statutes of 2007 do not limit any existing duties for psychotherapists contained in Section 43.92 of the Civil Code. (h) This section does not expand the scope of licensure of clinical psychologists. (Amended by Stats. 2023, Ch. 637, Sec. 1. (SB 43) Effective January 1, 2024.)
  45. 1799.112.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    EMT-P employers must report certain disciplinary actions in writing to the local EMS agency medical director and the authority within 30 days, and send supporting documents.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.112. (a) EMT-P employers shall report in writing to the local EMS agency medical director and the authority and provide all supporting documentation within 30 days of whenever any of the following actions are taken: (1) An EMT-P is terminated or suspended for disciplinary cause or reason. (2) An EMT-P resigns following notice of an impending investigation based upon evidence indicating disciplinary cause or reason. (3) An EMT-P is removed from paramedic duties for disciplinary cause or reason following the completion of an internal investigation. (b) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by Section 832.7 of the Penal Code. (c) For purposes of this section, “disciplinary cause or reason” means only an action that is substantially related to the qualifications, functions, and duties of a paramedic and is considered evidence of a threat to the public health and safety as identified in subdivision (c) of Section 1798.200. (d) Pursuant to subdivision (i) of Section 1798.24 of the Civil Code, upon notification to the paramedic, the authority may share the results of its investigation into a paramedic’s misconduct with the paramedic’s employer, prospective employer when requested in writing as part of a preemployment background check, and the local EMS agency. (e) The information reported or disclosed in this section shall be deemed in the nature of an investigative communication and is exempt from disclosure as a public record by Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (f) A paramedic applicant or licensee to whom the information pertains may view the contents, as set forth in subdivision (a) of Section 1798.24 of the Civil Code, of a closed investigation file upon request during the regular business hours of the authority. (Amended by Stats. 2021, Ch. 615, Sec. 239. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  46. 1799.113.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    People who act in good faith and without compensation are exempt from civil damages when they give emergency overdose treatment or supply an opioid antagonist at the scene, unless their conduct amounts to gross negligence or willful or wanton misconduct.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.113. (a) (1) A person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid antagonist shall not be liable for civil damages resulting from an act or omission related to the rendering of the emergency treatment. (2) A person who, in good faith and not for compensation, furnishes an opioid antagonist to a person for use at the scene of an opioid overdose or suspected opioid overdose shall not be liable for civil damages resulting from an act or omission related to the furnishing of the opioid antagonist. (b) This section does not apply to an act or omission related to the rendering of emergency treatment at the scene of an opioid overdose or suspected opioid overdose by means of an opioid antagonist that constitutes gross negligence or willful or wanton misconduct. (c) For purposes of this section, both of the following apply: (1) A person who renders emergency treatment by means of an opioid antagonist, or who furnishes an opioid antagonist at the scene of an opioid overdose or suspected opioid overdose, and who is not compensated for doing so, but receives compensation for other actions as a result of their unrelated employment, is not “rendering emergency medical care or furnishing opioid antagonist for compensation.” (2) “Opioid antagonist” means naloxone hydrochloride or any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. (Added by Stats. 2023, Ch. 97, Sec. 1. (AB 1166) Effective January 1, 2024.)
  47. 1799.115.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. )

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    Private ambulance providers and their employees get liability protection for continued detainment in specified transport situations, but must follow local EMS and state EMS policies and may not require an involuntary hold as a precondition to voluntary transport.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 9. Liability Limitation [1799.100 - 1799.115] ( Chapter 9 added by Stats. 1980, Ch. 1260. ) ## 1799.115. (a) A private provider of ambulance services licensed by the California Highway Patrol and any employees of that provider, when operating in accordance with the standards, regulations, policies, and protocols of local emergency medical services agencies, shall not be criminally or civilly liable for the continued detainment of a person when that detainment is requested by a peace officer, facility staff, or other professionals authorized to detain persons in any of the following circumstances: (1) Transportation, and continuing the detainment, of a person properly detained in accordance with Section 5150, 5250, or 5260 of the Welfare and Institutions Code to a facility designated by the county for evaluation and treatment. (2) Transportation, and continuing the detainment, of a person who is detained for evaluation and treatment in a hospital or other facility to a designated facility for psychiatric treatment in accordance with Section 5150, 5250, or 5260 of the Welfare and Institutions Code. (3) Transportation, and continuing the detainment, of a person who is in an acute care hospital, medical clinic, or other psychiatric evaluation facility to a designated facility for psychiatric treatment, if so ordered by the attending physician, a professional staff person in charge of a facility designated by the county for evaluation and treatment, a member of the attending staff, or a professional staff person designated by the county, in accordance with Section 5250 or 5260 of the Welfare and Institutions Code. (b) A private provider of ambulance services requested to provide transportation of persons consistent with this section shall provide care according to the policies and procedures established by the local emergency medical services agency in the county that the provider operates and the policies of the California Emergency Medical Services Authority. (c) This section does not relieve the provider of ambulance services, or any of its employees, from liability for injuries caused by negligence, gross negligence, recklessness, or willful misconduct on the part of the provider or its employees while transporting a person to a designated facility. (d) A private provider of ambulance services that provides transportation to a designated facility, as defined in Section 5008 of the Welfare and Institutions Code, shall not require a person who is voluntarily agreeing to transport to be placed on an involuntary hold as a precondition to that transport. (Added by Stats. 2023, Ch. 474, Sec. 1. (AB 1376) Effective January 1, 2024.)
  48. 1799.2.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The commission must have 19 members, and the members are appointed by named authorities from specified lists or pools.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1799.2. The commission shall consist of 19 members appointed as follows: (a) One full-time physician and surgeon, whose primary practice is emergency medicine, appointed by the Senate Committee on Rules from a list of three names submitted by the California Chapter of the American College of Emergency Physicians. (b) One physician and surgeon, who is a trauma surgeon, appointed by the Speaker of the Assembly from a list of three names submitted by the California Chapter of the American College of Surgeons. (c) One physician and surgeon appointed by the Senate Committee on Rules from a list of three names submitted by the California Medical Association. (d) One county health officer appointed by the Governor from a list of three names submitted by the California Conference of Local Health Officers. (e) One registered nurse, who is currently, or has been previously, authorized as a mobile intensive care nurse and who is knowledgeable in state emergency medical services programs and issues, appointed by the Governor from a pool of candidates submitted by the California Labor Federation and a pool of candidates submitted by the Emergency Nurses Association. (f) One full-time paramedic or EMT-II, who is not employed as a full-time peace officer, appointed by the Senate Committee on Rules from a pool of candidates submitted by the California Labor Federation and a pool of candidates submitted by the California Rescue and Paramedic Association. (g) One prehospital emergency medical service provider from the private sector, appointed by the Speaker of the Assembly from a list of three names submitted by the California Ambulance Association. (h) One management member of an entity providing fire protection and prevention services appointed by the Governor from a list of three names submitted by the California Fire Chiefs Association. (i) One physician and surgeon who is board prepared or board certified in the specialty of emergency medicine by the American Board of Emergency Medicine and who is knowledgeable in state emergency medical services programs and issues appointed by the Speaker of the Assembly. (j) One hospital administrator of a base hospital who is appointed by the Governor from a list of three names submitted by the California Hospital Association. (k) One full-time peace officer, who is either an EMT-II or a paramedic, who is appointed by the Governor from a list of three names submitted by the California Peace Officers Association. (l) Two public members who have experience in local EMS policy issues, at least one of whom resides in a rural area as defined by the authority, and who are appointed by the Governor. (m) One administrator from a local EMS agency appointed by the Governor from a list of four names submitted by the Emergency Medical Services Administrator’s Association of California. (n) One medical director of a local EMS agency who is an active member of the Emergency Medical Directors Association of California and who is appointed by the Governor. (o) One person appointed by the Governor, who is an active member of the California State Firemen’s Association. (p) One person who is employed by the Department of Forestry and Fire Protection (CAL-FIRE) appointed by the Governor from a list of three names submitted by the California Professional Firefighters. (q) One person who is employed by a city, county, or special district that provides fire protection appointed by the Governor from a list of three names submitted by the California Professional Firefighters. (r) One medical director of a public fire protection agency in the state appointed by the Governor from a list of three names submitted by the California Professional Firefighters. (Amended by Stats. 2020, Ch. 138, Sec. 3. (AB 1544) Effective January 1, 2021.)
  49. 1799.200.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 11. Emergency and Critical Care Services for Children [1799.200 - 1799.201] ( Chapter 11 added by Stats. 1989, Ch. 1206, Sec. 2. )

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    The State Department of Health Services must contract with an expert organization to support a study on pediatric critical care systems.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 11. Emergency and Critical Care Services for Children [1799.200 - 1799.201] ( Chapter 11 added by Stats. 1989, Ch. 1206, Sec. 2. ) ## 1799.200. (a) The State Department of Health Services shall contract with an organization with expertise in program evaluation, pediatric emergency medical services, and critical care, for the purposes specified in subdivision (b). (b) The contractor, in consultation with a professional pediatric association, a professional emergency physicians association, a professional emergency medical services medical directors association, the Emergency Medical Services Authority, and the State Department of Health Services, shall perform a study that will identify the outcome criteria which can be used to evaluate pediatric critical care systems. This study shall include, but not be limited to, all of the following: (1) Development of criteria to identify how changes in pediatric critical care systems affect the treatment of critically ill and injured children. (2) Development of criteria to compare the systems in place in various areas of the state. (3) Determination of whether the necessary data is currently available. (4) Estimate of the cost to providers, such as emergency medical service agencies and hospitals, of collecting this data. (5) Recommendations concerning the most reliable and cost-effective monitoring plan for use by agencies and facilities at the state, regional, and local levels. (Added by renumbering Section 1199.200 by Stats. 1991, Ch. 1091, Sec. 68.)
  50. 1799.201.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 11. Emergency and Critical Care Services for Children [1799.200 - 1799.201] ( Chapter 11 added by Stats. 1989, Ch. 1206, Sec. 2. )

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    The contractor must submit the study results to the Legislature and the Governor by January 1, 1991.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 11. Emergency and Critical Care Services for Children [1799.200 - 1799.201] ( Chapter 11 added by Stats. 1989, Ch. 1206, Sec. 2. ) ## 1799.201. The contractor shall submit the results of the study to the Legislature and the Governor not later than January 1, 1991. (Added by renumbering Section 1199.201 by Stats. 1991, Ch. 1091, Sec. 69.)
  51. 1799.202.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. )

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    This chapter may be cited as the California Emergency Medical Services for Children Act of 1996.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. ) ## 1799.202. This chapter shall be known and may be cited as the California Emergency Medical Services for Children Act of 1996. (Added by Stats. 1996, Ch. 197, Sec. 3. Effective July 22, 1996.)
  52. 1799.204.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. )

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    This section defines key terms for the children’s emergency medical services program and requires the authority, if funding is available, to establish and run the program, support local EMS agencies, form an advisory committee, coordinate across state lines for pediatric care, work with other agencies, and report to the Legislature by March 1, 2000.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. ) ## 1799.204. (a) For purposes of this chapter, the following definitions apply: (1) “EMSC Program” means the Emergency Medical Services For Children Program administered by the authority. (2) “Technical advisory committee” means a multidisciplinary committee with pediatric emergency medical services, pediatric critical care, or other related expertise. (3) “EMSC component” means the part of the local agency’s EMS plan that outlines the training, transportation, basic and advanced life support care requirements, and emergency department and hospital pediatric capabilities within a local jurisdiction. (b) Contingent upon available funding, an Emergency Medical Services For Children Program is hereby established within the authority. (c) The authority shall do the following to implement the EMSC Program: (1) Employ or contract with professional, technical, research, and clerical staff as necessary to implement this chapter. (2) Provide advice and technical assistance to local EMS agencies on the integration of an EMSC Program into their EMS system. (3) Oversee implementation of the EMSC Program by local EMS agencies. (4) Establish an EMSC technical advisory committee. (5) Facilitate cooperative interstate relationships to provide appropriate care for pediatric patients who must cross state borders to receive emergency and critical care services. (6) Work cooperatively and in a coordinated manner with the State Department of Health Services and other public and private agencies in the development of standards and policies for the delivery of emergency and critical care services to children. (7) On or before March 1, 2000, produce a report for the Legislature describing any progress on implementation of this chapter. The report shall contain, but not be limited to, a description of the status of emergency medical services for children at both the state and local levels, the recommendation for training, protocols, and special medical equipment for emergency services for children, an estimate of the costs and benefits of the services and programs authorized by this chapter, and a calculation of the number of children served by the EMSC system. (Amended by Stats. 2001, Ch. 171, Sec. 3. Effective August 10, 2001.)
  53. 1799.205.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. )

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    A local EMS agency may create an EMSC Program if funding is available, and if it does, it must add an EMSC component to its EMS plan.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. ) ## 1799.205. A local EMS agency may develop an EMSC Program in its jurisdiction, contingent upon available funding. If a local EMS agency develops an EMSC Program in its jurisdiction, the local EMS agency shall develop and incorporate in its EMS plan an EMSC component that complies with EMS plan requirements. The EMSC component shall include, but need not be limited to, the following: (a) EMSC system planning, implementation, and management. (b) Injury and illness prevention planning, that includes, among other things, coordination, education, and data collection. (c) Care rendered to patients outside the hospital. (d) Emergency department care. (e) Interfacility consultation, transfer, and transport. (f) Pediatric critical care and pediatric trauma services. (g) General trauma centers with pediatric considerations. (h) Pediatric rehabilitation plans that include, among other things, data collection and evaluation, education on early detection of need for referral, and proper referral of pediatric patients. (i) Children with special EMS needs outside the hospital. (j) Information management and system evaluation. (Added by Stats. 1996, Ch. 197, Sec. 3. Effective July 22, 1996.)
  54. 1799.207.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. )

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    The authority may solicit and accept grant funding from public and private sources to supplement state funds.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12. Emergency Medical Services System for Children [1799.202 - 1799.207] ( Chapter 12 added by Stats. 1996, Ch. 197, Sec. 3. ) ## 1799.207. The authority may solicit and accept grant funding from public and private sources to supplement state funds. (Added by Stats. 1996, Ch. 197, Sec. 3. Effective July 22, 1996.)
  55. 1799.3.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The appointing power or body may reappoint a commission member or let the member continue serving, but if Section 1799.2 requires nominations from an appropriate organization, reappointment is allowed only when that organization submits the person's name.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1799.3. At the discretion of the appointing power or body, a member of the commission may be reappointed or may continue to serve if he or she no longer continues to function in the capacity which originally qualified him or her for appointment. However, where Section 1799.2 requires that an appropriate organization submit names to the appointing power or body, a person shall not be reappointed pursuant to this section unless his or her name is submitted by that appropriate organization. (Added by Stats. 1985, Ch. 42, Sec. 2. Effective May 15, 1985.)
  56. 1799.300.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. )

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    An emergency ambulance provider must offer peer support services to emergency ambulance employees who request them, and must include selection criteria for peer support team members in its program policies.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. ) ## 1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employee’s request, peer support services. The services shall provide peer representatives, reflective of the provider’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies. (b) For purposes of this chapter, the following definitions apply: (1) “Confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services and in confidence by a means that, as far as the emergency ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employee’s intent to defraud or deceive an investigation into a critical incident. (2) “Crisis referral services” include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative, or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization. (3) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency. (4) “Critical incident stress” means the acute or cumulative psychological stress or trauma that emergency ambulance personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following: (A) Physical and emotional illness. (B) Failure of usual coping mechanisms. (C) Loss of interest in the job or normal life activities. (D) Personality changes. (E) Loss of ability to function. (F) Psychological disruption of personal life, including their relationship with a spouse, child, or friend. (5) “Emergency ambulance employee” means a person who meets both of the following requirements: (A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services. (B) Is employed by an emergency ambulance provider. (6) “Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5). (A) “Emergency ambulance provider” does not include a provider that satisfies both of the following criteria: (i) The provider operates emergency medical services aircraft. (ii) The provider does not operate any ground ambulance services. (B) For purposes of this paragraph, “emergency medical services aircraft” includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support. (C) For purposes of this paragraph, “ground ambulance services” means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation. (7) “Peer support program” means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter. (8) “Peer support services” means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following: (A) Precrisis education. (B) Critical incident stress defusings. (C) Critical incident stress debriefings. (D) On-scene support services. (E) One-on-one support services. (F) Consultation. (G) Referral services. (H) Confidentiality obligations. (I) The impact of toxic stress on health and well-being. (J) Grief support. (K) Substance abuse awareness and approaches. (L) Active listening skills. (M) Psychological first aid. (9) “Peer support team” means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course. (10) “Peer support team member” means an emergency ambulance employee who has completed an approved peer support training course. (Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.)
  57. 1799.301.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. )

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    Peer support programs for emergency ambulance employees must be set up through a separate labor-management agreement, and sessions from those programs do not count toward the mental health treatment totals required by Labor Code Section 884.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. ) ## 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following: (1) Program structure and administration. (2) Selection and training of peer support team members. (3) Peer support operations. (4) Program evaluation, monitoring, and continuous improvement. (5) Funding. (6) Dispute resolution and program amendments. (b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code. (Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.)
  58. 1799.302.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. )

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    Emergency ambulance employees can keep certain peer-support and crisis-line communications confidential, with listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. ) ## 1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service. (b) Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances: (1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee with, another member of the peer support team or a peer support team clinician associated with the peer support team. (2) The peer support team member, crisis hotline, or crisis referral service reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime. (3) The peer support team member reasonably believes that disclosure is necessary pursuant to an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter. (4) The disclosure is made pursuant to a court order in a civil proceeding. (5) In a criminal proceeding. (6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed. (c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b). (Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.)
  59. 1799.303.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. )

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    Peer support providers and their employing ambulance agencies are generally protected from liability for damages, except for gross negligence, intentional misconduct, and medical malpractice; certain peer support relationships are also prohibited.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. ) ## 1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. (b) Subdivision (a) does not apply to an action for medical malpractice. (c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individual’s relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient. (d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident. (e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation. (Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.)
  60. 1799.304.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. )

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    A peer support team member must complete approved peer support training to qualify for confidentiality protections under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees [1799.300 - 1799.304] ( Chapter 12.5 added by Stats. 2024, Ch. 943, Sec. 1. ) ## 1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following: (a) Precrisis education. (b) Critical incident stress defusings. (c) Critical incident stress debriefings. (d) On-scene support services. (e) One-on-one support services. (f) Consultation. (g) Referral services. (h) Confidentiality obligations. (i) The impact of toxic stress on health and well-being. (j) Grief support. (k) Substance abuse awareness and approaches. (l) Active listening skills. (m) Stress management. (n) Psychological first aid. (Added by Stats. 2024, Ch. 943, Sec. 1. (AB 1843) Effective January 1, 2025.)
  61. 1799.4.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Commission members generally serve three-year terms starting January 1 of the appointment year, and no member may serve more than two consecutive full terms.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1799.4. (a) Except as otherwise provided in this section, the terms of the members of the commission shall be three calendar years, commencing January 1 of the year of appointment. No member shall serve more than two consecutive full terms; provided, however, that a term or part of a term served pursuant to paragraph (1) or (2) of subdivision (b) shall not be included in this limitation. (b) (1) The first members appointed on or after January 1, 1985, pursuant to subdivisions (a), (b), (c), and (d) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus one additional year. (2) The first members appointed on or after January 1, 1985, pursuant to subdivisions (e), (f), (g), (h), and (i) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus two additional years. (3) The first members appointed on or after January 1, 1985, pursuant to subdivisions (j), (k), and (m) of Section 1799.2 shall be from the date of appointment to the end of that calendar year, plus three additional years. (4) The first member appointed on or after January 1, 1985, pursuant to subdivision ( l) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus one additional year, and the second member shall serve from the date of appointment to the end of that calendar year, plus two additional years. (5) The first member appointed pursuant to subdivision (n) of Section 1799.2 shall serve from the date of appointment to the end of the 1991 calendar year. (6) It is the purpose of this subdivision to provide for staggered terms for the members of the commission. (Amended by Stats. 1987, Ch. 1102, Sec. 3.)
  62. 1799.50.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission must review and approve regulations, standards, and guidelines developed by the authority for this division.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.50. The commission shall review and approve regulations, standards, and guidelines to be developed by the authority for implementation of this division. (Amended by Stats. 1986, Ch. 248, Sec. 138.)
  63. 1799.51.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission must advise the authority on developing an emergency medical data collection system.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.51. The commission shall advise the authority on the development of an emergency medical data collection system. (Added by Stats. 1980, Ch. 1260.)
  64. 1799.52.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission must advise the director about assessing emergency facilities and services.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.52. The commission shall advise the director concerning the assessment of emergency facilities and services. (Added by Stats. 1980, Ch. 1260.)
  65. 1799.53.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission must advise the director about communications, medical equipment, training personnel, facilities, and other parts of an emergency medical services system.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.53. The commission shall advise the director with regard to communications, medical equipment, training personnel, facilities, and other components of an emergency medical services system. (Added by Stats. 1980, Ch. 1260.)
  66. 1799.54.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission must review and comment on the emergency medical services part of the State Health Facilities and Service Plan.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.54. The commission shall review and comment upon the emergency medical services portion of the State Health Facilities and Service Plan developed pursuant to Section 127155. (Amended by Stats. 1996, Ch. 1023, Sec. 175. Effective September 29, 1996.)
  67. 1799.55.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission must make recommendations on the future development of emergency medical services in the state, based on evaluations of EMS systems and their coordination.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.55. Based upon evaluations of the EMS systems in the state and their coordination, the commission shall make recommendations for further development and future directions of the emergency medical services in the state. (Added by Stats. 1980, Ch. 1260.)
  68. 1799.56.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The commission may use technical advisory panels, if needed, to help develop emergency medical services standards.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Duties of the Commission [1799.50 - 1799.56] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1799.56. The commission may utilize technical advisory panels established pursuant to the provisions of Section 1797.133 as are needed to assist in developing standards for emergency medical services. (Added by Stats. 1980, Ch. 1260.)
  69. 1799.6.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Members of the commission receive no compensation for their services, but they must be reimbursed for actual, necessary traveling and other expenses incurred in carrying out their duties.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1799.6. The members of the commission shall receive no compensation for their services, but shall be reimbursed for their actual, necessary, traveling and other expenses incurred in the discharge of their duties. (Added by Stats. 1980, Ch. 1260.)
  70. 1799.8.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The commission must choose a chairperson from its members and meet at least quarterly when called by the director, the chairperson, or three commission members.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 8. The Commission on Emergency Medical Services [1799 - 1799.56] ( Chapter 8 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Commission [1799 - 1799.8] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1799.8. The commission shall select a chairperson from its members and shall meet at least quarterly on the call of the director, the chairperson, or three members of the commission. (Added by Stats. 1980, Ch. 1260.)
  71. 17990.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    A written pleading responding to a summons in an action under this article must be filed within 10 days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17990. The time to file a written pleading in response to a summons in an action brought pursuant to this article is 10 days. (Added by Stats. 1976, Ch. 807.)
  72. 17991.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    If property is sold or transferred while a violation case is pending, the transferor must file a notice with the county recorder and send specified ownership information to the enforcement agency within five days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17991. (a) The sale or other transfer of property to a third party shall not render moot an administrative or judicial action or proceeding pursuant to this article, including an action under Section 17982, instituted by an enforcement agency, or a receiver on behalf of an enforcement agency, against the owner of record on the date a citation for, or other notice of, a violation of this part was issued. (b) In the event of any sale or other transfer of property to a third party during the period between the issuance of the notice of violation and the abatement of the violation, or any administrative or judicial actions related thereto, within five days after the sale or transfer occurs, the transferor shall record a Notice of Conveyance of Substandard Property with the county recorder where the property is located, identifying the name and address of the buyer or transferee and executed with a signature that the information is true and correct, under penalty of perjury. (c) In the event of any sale of other transfer of property to a third party during the period between the issuance of the notice of violation and the abatement of the violation, or any administrative or judicial actions related thereto, the transferor shall provide all of the following information to the enforcement agency within five days after the sale or transfer occurs: (1) If the seller or transferor is not an individual person, the name, address, and driver’s license number or identification card number of each individual who has an interest in excess of 5 percent in the entity which is selling or transferring the property. (2) If the buyer or transferee is an individual person, the name, address, and driver’s license number or identification number of that individual. (3) If the buyer or transferee is not an individual person, the name, address, and driver’s license number or identification card number of each individual who has an interest in excess of 5 percent in the entity that is the buyer or transferee of the property. (Amended by Stats. 2004, Ch. 183, Sec. 198. Effective January 1, 2005.)
  73. 17992.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. )

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    A later property owner can be bound by an earlier recorded notice and can be liable for receiver or enforcement agency costs and fees.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 3. Actions and Proceedings [17980 - 17992] ( Article 3 added by Stats. 1961, Ch. 1844. ) ## 17992. Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located and is liable for any costs and fees of the receiver or enforcement agency, as applicable. (Amended by Stats. 2024, Ch. 487, Sec. 7. (SB 1465) Effective January 1, 2025.)
  74. 17995.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. )

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    A person who violates this part, related building standards, or rules made under this part commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. ) ## 17995. Any person who violates any of the provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, or any other rule or regulation promulgated pursuant to the provisions of this part is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 162. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  75. 17995.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. )

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    A person convicted under Section 17995 a second or later time within five years for violations at the same property may be fined up to $5,000, jailed up to six months, or both.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. ) ## 17995.1. Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not exceeding six months, or both such fine and imprisonment. (Added by Stats. 1982, Ch. 1545, Sec. 6.)
  76. 17995.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. )

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    A person who is found in contempt of a court order or injunction under this part a second or later time within five years for a violation at the same property commits a misdemeanor and can be fined up to $5,000, jailed up to six months, or both.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. ) ## 17995.2. Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within a five-year period for violation at the same property is guilty of a misdemeanor, punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not exceeding six months, or both such fine and imprisonment. (Added by Stats. 1982, Ch. 1545, Sec. 7.)
  77. 17995.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    A person convicted a second or subsequent time under Section 17995 within five years, for serious violations at the same property that endanger health or safety and reflect habitual neglect, can be fined up to $5,000 and jailed for 6 months to 1 year.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. ) ## 17995.3. Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property where such violations are determined by the trier of fact to be so extensive and of such a nature that the immediate health and safety of residents or the public is endangered and where the extent and nature of the violations are due to the defendant’s habitual neglect of customary maintenance and display a flagrant lack of concern for the health and safety of residents and the public, shall be punishable by a fine not exceeding five thousand dollars ($5,000) and by imprisonment of not less than six months but not exceeding one year, provided also that the trier of fact finds at least four serious violations of the following categories of violations are involved: (a) Termination, extended interruption or serious defects of gas, water or electric utility systems provided such interruptions or termination is not caused by the tenant’s failure to pay such gas, water or electric bills. (b) Serious defects or lack of adequate space and water heating. (c) Serious rodent, vermin or insect infestation. (d) Severe deterioration, rendering significant portions of the structure unsafe or unsanitary. (e) Inadequate numbers of garbage receptacles or service. (f) Unsanitary conditions affecting a significant portion of the structure as a result of faulty plumbing or sewage disposal. (g) Inoperable hallway lighting. (Added by Stats. 1982, Ch. 1545, Sec. 8.)
  78. 17995.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    A person who is in contempt of a court order or injunction a second or later time within five years, under the stated housing-violation conditions, can be fined and jailed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. ) ## 17995.4. Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within a five-year period for violations at the same property where such violations are determined by the trier of fact to be so extensive and of such a nature that the immediate health and safety of residents or the public is endangered and where the extent and nature of the violations are due to the defendant’s habitual neglect of customary maintenance and display a flagrant lack of concern for the health and safety of residents and the public, shall be punishable by a fine not exceeding five thousand dollars ($5,000) and by imprisonment of not less than six months but not exceeding one year, provided also that the trier of fact finds at least four serious violations of the following categories of violations are involved: (a) Termination, extended interruption or serious defects of gas, water or electric utility systems provided such interruptions or termination is not caused by the tenant’s failure to pay such gas, water or electric bills. (b) Serious defects or lack of adequate space and water heating. (c) Serious rodent, vermin or insect infestation. (d) Severe deterioration, rendering significant portions of the structure unsafe or unsanitary. (e) Inadequate numbers of garbage receptacles or service. (f) Unsanitary conditions affecting a significant portion of the structure as a result of faulty plumbing or sewage disposal. (g) Inoperable hallway lighting. (Added by Stats. 1982, Ch. 1545, Sec. 9.)
  79. 17995.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. )

    Verify source ↗

    Fines collected under this part that are more than $500 per violation must be reimbursed to the enforcement agency that investigated the violations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 6. Violations [17995 - 17995.5] ( Chapter 6 added by Stats. 1961, Ch. 1844. ) ## 17995.5. Fines collected pursuant to this part in excess of five hundred dollars ($500) per violation shall be reimbursed to the enforcement agency which investigated the violations. (Added by Stats. 1982, Ch. 1545, Sec. 10.)
  80. 17998.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. )

    Verify source ↗

    The Legislature states findings about substandard housing, housing shortages, and the importance of timely local code enforcement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. ) ## 17998. The Legislature finds and declares all of the following: (a) The Department of Housing and Community Development reports that one in every eight dwelling units in the state is substandard and that unless health and safety problems are corrected, habitability conditions generally deteriorate until the units become life threatening and uninhabitable and must be removed from the housing stock through closure or demolition. (b) California is experiencing a housing shortage of significant proportions, particularly in the affordable housing sector. The state and many local governments are funding affordable housing from a variety of sources at substantial costs. It is ill advised to neglect timely code enforcement responsibilities and, as a result, to lose housing that could have been retained. (c) The lack of code enforcement on a single dwelling unit can lead to the deterioration of an entire neighborhood as the substandard or abandoned unit becomes a magnet for crime, vandalism, fires, and other activities that rapidly infect the surrounding homes and neighborhood. (d) Many local governments endeavor to fulfill their statutory responsibility for code enforcement. However, local governments with a higher percentage of lower income households with families, living in older, overcrowded housing stock, exacerbated by the neglect of absentee slumlords, bear a disproportionate code enforcement cost and responsibility compared with more affluent communities. (e) Existing law provides building standards to assure decent, safe, and sanitary housing for all Californians. (f) Resources for code enforcement at the local level are frequently allocated to construction-related code enforcement activities, which generate fees to pay for regulatory services, including building and permit inspections, rather than housing maintenance activities that prevent or abate substandard conditions. (g) The enforcement of housing maintenance codes for existing housing is frequently performed only on a complaint-by-complaint basis and frequently there is insufficient funding for the abatement of existing violations through timely and effective administrative or judicial proceedings. (Added by Stats. 2000, Ch. 664, Sec. 1. Effective January 1, 2001.)
  81. 17998.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. )

    Verify source ↗

    The department must provide matching grants for local building code enforcement, subject to appropriation and detailed grant conditions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. ) ## 17998.1. The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching grants to cities, counties, and cities and counties to increase staffing or capital expenditures dedicated to local building code enforcement efforts. The funds shall be subject to all of the following provisions: (a) Grants shall be made to grantees that operate local building code enforcement programs for more than three years. (b) The city, county, or city and county shall provide a cash or in-kind local match of at least 25 percent in the first year, at least 50 percent in the second year, and at least 75 percent in the third year. (c) The maximum grant to a single recipient shall not exceed one million dollars ($1,000,000). The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources. (d) Funds may be used to supplement, but shall not supplant, existing local funding for code enforcement related to housing code maintenance. The applicants shall demonstrate an intent to ensure cooperative and effective working relationships between code enforcement officials and local prosecutorial agencies, the local health department, and local government housing rehabilitation financing agencies. (e) Within six months after completion of each program cycle approved by the department and funded by the Legislature, grant recipients shall submit a report to their local legislative bodies and to the department regarding the results of the expanded housing maintenance code enforcement efforts and recommendations for changes in state or local laws and regulations related to code enforcement. The department shall summarize the results and include this information in the annual report required by Section 50408. The department may require submission of interim progress reports. (f) The department may use up to 5 percent of the funds appropriated by the Legislature for administering the programs authorized by this chapter. (g) The department shall award the grants on a competitive basis with criteria to be established and specified in a “Notice of Funding Availability.” The criteria shall be weighted for local government applicants with neighborhoods populated by high percentages of lower income households, with significant numbers of deteriorating housing stock containing reported or suspected housing code violations and often owned by absentee owners. The criteria shall also be weighted for applications that propose to identify and prosecute owners with habitual, repeated, multiple code violations that have remained unabated beyond the period required for abatement. In addition to those criteria, the department shall attempt to award grants to cities, counties, and cities and counties in order to obtain a wide range of population sizes and compositions and geographical distribution. Eligibility criteria, applications, awards, and other program requirements implementing this chapter shall not be subject to the requirements of Chapter 2.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 770, Sec. 10. (AB 1764) Effective January 1, 2024.)
  82. 17998.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. )

    Verify source ↗

    This section creates the Community Code Enforcement Pilot Program and assigns the Department of Housing and Community Development to run it.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. ) ## 17998.2. (a) It is the intent of the Legislature in the enactment of this section to do all of the following: (1) Initiate a coordinated active community approach to code enforcement. (2) Create a pilot program in which the department awards grants to communities that develop a code enforcement program pursuant to the criteria established by this section. (3) Substantially reduce the incidence of substandard housing through the use of creative and coordinated techniques of code enforcement involving an interdepartmental approach at the local government level. (b) The grant program established pursuant to this section shall be known as the Community Code Enforcement Pilot Program. The Department of Housing and Community Development shall administer the Community Code Enforcement Pilot Program. (1) The department need not adopt regulations for the program. The department shall publish and distribute a Notice of Funding Availability that contains application forms and instructions, eligibility criteria, criteria for the rating and ranking of applications, outcome evaluation criteria, interim or final reporting requirements, and other information that the department considers necessary or useful for implementation of the program. (2) The department shall review, rate, and rank applications based on its evaluation of the information provided pursuant to subdivision (e), and their projected program performance as measured by all of the following criteria, considering the size of the applicant community: (A) The minimum number of housing units affordable to lower income households that will be rehabilitated or otherwise brought into compliance with applicable building and housing codes. (B) The estimated amount of grants and low interest rehabilitation loan funds, from sources other than this program, that will be made available to the owners of housing units affordable to lower income households that are determined to need rehabilitation or repair pursuant to the program. (C) The incidence of poverty and deteriorating housing or housing code violations in each target area. (3) In addition to the other criteria in this subdivision, the department shall attempt to award community code enforcement pilot program grants to cities, counties, and cities and counties with a wide range of population sizes and compositions and geographical distribution. (c) The department shall award community code enforcement pilot program grants for programs that shall operate for more than three years. The grants shall not exceed four hundred fifty thousand dollars ($450,000), which shall pay for costs incurred over the life of the program. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources. (d) Each city, county, or city and county receiving a grant shall develop a code enforcement team consisting of a least one full-time code enforcement officer and a part-time city planner, health officer, or comparable specialist. Each grantee shall provide, and fund at its own expense, at least one city planner, health officer, or comparable specialist for the duration of the pilot program, for a minimum of 20 hours per week. The grant funds shall be used for the code enforcement officer and related program costs, which may include full-time or part-time personnel, in addition to the grantee’s contributions, or for capital expenditures. (e) Grant proposals shall include all of the following: (1) Demonstration of serious, current housing code enforcement deficiencies within each target area, whether those code deficiencies are in violation of locally enacted ordinances or state codes. (2) A plan to have high visibility of code enforcement staff and to create close and frequent communication and interaction with residents and property owners of the target area, including in the evenings and on weekends. (3) A plan to convene community meetings to inform residents of the pilot program. (4) A plan to conduct ongoing frequent informal and formal community meetings with the code enforcement team and residents of the community involved in the pilot program. (5) A plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials, local health department officials, local prosecutorial agencies, and officials operating local programs providing public funds to finance affordable rental housing rehabilitation and repairs. (6) A plan for timely and effective administrative and judicial enforcement of code violations. (f) The administrator of each grantee’s pilot program shall evaluate the pilot program and report the findings and other criteria requested by the department indicating the effectiveness of the pilot program to the department within six months after completion of each program cycle approved by the department and funded by the Legislature. The department may require submission of interim progress reports. The administrator shall evaluate the pilot program based on criteria including, but not limited to, the following: (1) Results of a participant survey, including owners, residents, and active community leaders. (2) Comparison of each targeted area with similar neighborhoods with respect to repeat calls for service and other criteria testing the effectiveness of the pilot program. (3) The extent of any perceived or actual property value change between the commencement and the completion of the pilot program. (4) The number of cases opened and the number of cases closed, identifying the nature of code violations, the necessity of formal proceedings, the cost and nature of abatement violations, or other factors influencing the effectiveness of the pilot program. (g) The department shall review and report to the Legislature on the findings of the pilot program administrators in the annual report required by Section 50408. (Amended by Stats. 2023, Ch. 770, Sec. 11. (AB 1764) Effective January 1, 2024.)
  83. 17998.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. )

    Verify source ↗

    When implementing programs under this chapter, the department has the general powers given to it by Division 31.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 8. Code Enforcement Incentive Program [17998 - 17998.3] ( Chapter 8 added by Stats. 2000, Ch. 664, Sec. 1. ) ## 17998.3. In implementing the programs governed by this chapter, the department has all the general powers granted to it by Division 31 (commencing with Section 50000). (Added by Stats. 2000, Ch. 664, Sec. 1. Effective January 1, 2001.)
  84. 18.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    A signature or subscription can include a mark if the person cannot write, with a witness writing the person’s name near the mark.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 18. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1939, Ch. 60.)
  85. 1800.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 13. Community Paramedicine or Triage to Alternate Destination [1800 - 1857] ( Chapter 13 added by Stats. 2020, Ch. 138, Sec. 4. ) ## ARTICLE 1. General Provisions [1800 - 1801] ( Article 1 added by Stats. 2020, Ch. 138, Sec. 4. )

    Verify source ↗

    This chapter is named the Community Paramedicine or Triage to Alternate Destination Act of 2020, and it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 13. Community Paramedicine or Triage to Alternate Destination [1800 - 1857] ( Chapter 13 added by Stats. 2020, Ch. 138, Sec. 4. ) ## ARTICLE 1. General Provisions [1800 - 1801] ( Article 1 added by Stats. 2020, Ch. 138, Sec. 4. ) ## 1800. This chapter shall be known, and may be cited, as the Community Paramedicine or Triage to Alternate Destination Act of 2020. (Added by Stats. 2020, Ch. 138, Sec. 4. (AB 1544) Effective January 1, 2021. Repealed as of January 1, 2031, pursuant to Section 1857.)
  86. 18000.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section names the part as the Manufactured Housing Act of 1980 and says certain factory-constructed housing built on or after June 15, 1976, that complies with HUD standards is manufactured housing, not mobilehomes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18000. (a) This part shall be known and may be cited as the Manufactured Housing Act of 1980. (b) The Legislature finds and declares all of the following: (1) Manufactured housing, both in mobilehome parks or manufactured housing communities, and outside of those parks or communities, provides a safe and affordable housing option for many Californians. (2) Confusion exists among consumers, enforcement agencies, lenders, and others in the housing industry regarding the difference between “manufactured housing” and “mobilehomes.” All single-family factory-constructed housing built on or after June 15, 1976, that is in compliance with the standards of the United States Department of Housing and Urban Development promulgated under the federal National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 and following) are manufactured housing or manufactured homes, not “mobilehomes” and, as such, often are subject to additional benefits. (3) Continued use of the term “mobilehome” in various statutes, as well as the implication that the terms are interchangeable, exacerbates the confusion between the two products and deters affordable financing, discourages use in certain localities, and perpetuates incorrect perceptions as to codes and standards. (4) The changes made by the act adding this subdivision to clarify the meaning of the terms “mobilehomes” and “manufactured homes” are not intended to effect any substantive change with respect to the treatment of those housing products or to the consumer protections provided for those housing products. (Amended by Stats. 2007, Ch. 540, Sec. 3. Effective January 1, 2008.)
  87. 18000.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section treats certain existing provisions as continuations rather than new laws, gives the department temporary power during transition to act in a way that carries out legislative intent and protects affected parties, and treats qualifying pre-July 1, 1982 regulations as emergency regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18000.5. The provisions of this part, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. During any transition required by this part, and until July 1, 1982, the department may determine or effectuate any action or requirement in a manner which implements the legislative intent of this part and which protects appropriate interests of any parties subject to or protected by this part. Regulations implementing this part and promulgated prior to July 1, 1982, shall be deemed emergency regulations pursuant to Section 11346.1 of the Government Code. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  88. 18001.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    “Approved” means meeting the requirements and approval of the Department of Housing and Community Development when used for a material, appliance, or construction.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18001. “Approved,” when used in connection with any material, appliance, or construction, means meeting the requirements and approval of the Department of Housing and Community Development. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  89. 18001.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Building” means a permanent structure built to support, shelter, or enclose persons, animals, chattel, or property.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18001.6. “Building” is any permanent structure built for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  90. 18001.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “commercial modular” and says “commercial coach” means the same thing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18001.8. “Commercial modular” means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code. “Commercial coach” has the same meaning as “commercial modular” as that term is defined in this section. (Amended by Stats. 2002, Ch. 98, Sec. 1. Effective January 1, 2003.)
  91. 18002.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Commission” means the Commission of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18002. “Commission” is the Commission of Housing and Community Development. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  92. 18002.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Consumer” means a person or entity that buys or leases certain manufactured-housing-related items for consideration, but not a dealer or manufacturer.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18002.3. “Consumer” includes any person or entity which purchases or leases a manufactured home, mobilehome, commercial coach, recreational vehicle, or truck camper for consideration, except a dealer or manufacturer. (Amended by Stats. 1984, Ch. 1527, Sec. 2.)
  93. 18002.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines who counts as a “dealer” in manufactured homes, mobilehomes, and commercial coaches, and lists several exceptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18002.6. (a) “Dealer” means a person not otherwise expressly excluded by subdivision (b), who is engaged in any of the following activities: (1) For commission, money, or other thing of value, sells, exchanges, leases, buys, offers for sale, or negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobilehome, or commercial coach, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobilehome, or commercial coach, and who receives or expects to receive a commission, money, brokerage fees, profit, management fees, or any other things of value from either the seller or purchaser of the manufactured home, mobilehome, or commercial coach. (2) Is engaged wholly or in part in the business of selling manufactured homes, mobilehomes, or commercial coaches or buying or taking in trade manufactured homes, mobilehomes, or commercial coaches for the purpose of reselling, selling, or offering for sale, or consigning to be sold, or otherwise dealing in manufactured homes, mobilehomes, or commercial coaches, whether or not these manufactured homes, mobilehomes, or commercial coaches are owned by the dealer. (b) “Dealer” does not include any of the following: (1) An insurance company, bank, savings and loan association, finance company, or public official coming into possession of one or more manufactured homes, mobilehomes, or commercial coaches in the regular course of business, who only sells manufactured homes, mobilehomes, or commercial coaches under a contractual right or obligation, in performance of an official duty, or under the authority of any court of law. However, a sale subject to this paragraph shall be for the purpose of preventing the seller from suffering a loss or pursuant to the authority of a court of competent jurisdiction. (2) Persons who sell or distribute manufactured homes, mobilehomes, or commercial coaches, subject to registration or titling pursuant to Chapter 8 (commencing with Section 18075), for a manufacturer to dealers licensed under this part, or who are employed by manufacturers or distributors to promote the sale of manufactured homes, mobilehomes, or commercial coaches dealt in by that manufacturer or distributor. However, if any person also sells manufactured homes, mobilehomes, or commercial coaches at retail, the person is a dealer and is subject to this part. (3) Persons regularly employed as salespersons by dealers licensed under this part while acting within the scope of that employment. (4) Persons exclusively engaged in the bona fide business of exporting manufactured homes, mobilehomes, or commercial coaches, or of soliciting orders for the sale and delivery of manufactured homes, mobilehomes, or commercial coaches outside the territorial limits of the United States, if no federal excise tax is legally payable on any of those transactions or the tax is legally refundable on the transactions. Persons not exclusively engaged in the bona fide business of exporting manufactured homes, mobilehomes, or commercial coaches but who are engaged in the business of soliciting orders for the sale and delivery of manufactured homes, mobilehomes, or commercial coaches outside the territorial limits of the United States shall be exempt from licensure as dealers only if their gross sales proceeds from manufactured homes, mobilehomes, or commercial coaches produce less than 10 percent of their total gross revenue from all business transacted. (5) Persons not engaged in the purchase or sale of manufactured homes, mobilehomes, or commercial coaches as a business. (6) Persons disposing of manufactured homes, mobilehomes, or commercial coaches acquired for their own use or for use in a business of acquiring, leasing, or selling manufactured homes, mobilehomes, or commercial coaches, if the manufactured homes, mobilehomes, or commercial coaches have been so acquired and used in good faith and not acquired or used for the purpose of avoiding the provisions of this part. (7) Persons licensed as real estate brokers who buy, sell, list, or negotiate the purchase, sale, or exchange of manufactured homes or mobilehomes pursuant to Section 10131.6 of the Business and Professions Code. (Amended by Stats. 1983, Ch. 1076, Sec. 3.)
  94. 18002.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Department” means the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18002.8. “Department” means the Department of Housing and Community Development. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  95. 18003.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “distributor” as a non-manufacturer who sells or distributes new manufactured homes, mobilehomes, or commercial coaches to dealers in this state.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18003. “Distributor” means any person other than a manufacturer who sells or distributes new manufactured homes, mobilehomes, or commercial coaches to dealers in this state. (Amended by Stats. 1983, Ch. 1076, Sec. 4.)
  96. 18003.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Dwelling unit” means one or more habitable rooms designed for occupation by one family, with facilities for living, sleeping, cooking, eating, and sanitation.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18003.3. “Dwelling unit” means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating, and sanitation. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  97. 18003.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “escrow agent” as a person, firm, or corporation legally authorized to conduct the escrows required by Section 18035.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18003.5. “Escrow agent” means the person, firm, or corporation authorized by law to conduct the escrows required by Section 18035. (Added by Stats. 1992, Ch. 686, Sec. 1. Effective January 1, 1993.)
  98. 18003.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “established place of business” as a place a licensee actually occupies, continuously or at regular periods, where the relevant business books and records are kept.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18003.6. “Established place of business” means a place actually occupied, either continuously or at regular periods, by a licensee, where the books and records pertinent to the type of business being conducted are kept. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  99. 18003.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “franchise” as a written agreement with specific business relationship and distribution conditions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18003.8. “Franchise” means a written agreement between two or more persons having all of the following conditions: (a) A commercial relationship of definite duration or continuing indefinite duration. (b) The franchisee is granted the right to offer, and sell at retail, new manufactured homes, mobilehomes, or commercial coaches manufactured or distributed by the franchisor. (c) The franchisee constitutes a component of the franchisor’s distribution system. (d) The operation of the franchisee’s business is substantially associated with the franchisor’s trademark, trade name, advertising, or other commercial symbol designating the franchisor, as determined by the department. (e) The operation of a portion of the franchisee’s business is substantially reliant on the franchisor for a continued supply of new manufactured homes, mobilehomes, or commercial coaches, parts, and accessories, as determined by the department. (Amended by Stats. 1983, Ch. 1076, Sec. 5.)
  100. 18004.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Franchisee” means a person who receives new manufactured homes, mobilehomes, or commercial coaches from a franchisor under a franchise and sells them at retail.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18004. “Franchisee” means any person who, pursuant to a franchise, receives new manufactured homes, mobilehomes, or commercial coaches from the franchisor and who sells manufactured homes, mobilehomes, or commercial coaches at retail. (Amended by Stats. 1983, Ch. 1076, Sec. 6.)
  101. 18004.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “franchisor” for manufactured housing law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18004.3. “Franchisor” means any person who manufactures, assembles, or distributes new manufactured homes, mobilehomes, or commercial coaches and who grants a franchise. (Amended by Stats. 1983, Ch. 1076, Sec. 7.)
  102. 18004.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “fraud” and “deceit” broadly, including certain misrepresentations, dishonest promises, intentional nondisclosure, and acts covered by Penal Code Section 484.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18004.6. “Fraud” includes any act or omission which is included within the definition of either “actual fraud” or “constructive fraud” as defined, respectively, in Sections 1572 and 1573 of the Civil Code, and the term “deceit” has the same meaning as defined in Section 1710 of the Civil Code. In addition, the terms “fraud” and “deceit” include, but are not limited to, the following: (a) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact. (b) A promise or representation not made honestly and in good faith. (c) An intentional failure to disclose a material fact. (d) Any act falling within the provisions of Section 484 of the Penal Code. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  103. 18004.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “good moral character” by referring to the meaning used in Division 1.5 of the Business and Professions Code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18004.8. “Good moral character” has the same meaning as specified in Division 1.5 (commencing with Section 475) of the Business and Professions Code. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  104. 18005.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “hearing” or “notice of hearing” for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18005. “Hearing” or “notice of hearing”, as used in this part, shall mean notice and hearing under Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code except in the case of summary action pursuant to Section 18064.5. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  105. 18005.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Junior lienholder” means a person other than a legal owner who holds a perfected security interest in certain manufactured housing or related vehicles.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18005.3. “Junior lienholder” means a person, other than a legal owner, holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck camper perfected by filing the appropriate documents with the department pursuant to Section 18080.7. (Amended by Stats. 1992, Ch. 686, Sec. 2. Effective January 1, 1993.)
  106. 18005.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “lease” as an oral or written contract for the use, possession, and occupation of property, and says rent is included.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18005.6. “Lease” means an oral or written contract for the use, possession, and occupation of property. “Lease” includes rent. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  107. 18005.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “legal owner” for manufactured housing contexts.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18005.8. “Legal owner” means a person holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck camper perfected by filing the appropriate documents with the department pursuant to Section 18080.7 if the person is entitled to the designation, as provided in Article 3 (commencing with Section 18085) or 4 (commencing with Section 18098) of Chapter 8. A lien created pursuant to Section 18080.9 is not a security interest for purposes of this definition. (Amended by Stats. 1995, Ch. 446, Sec. 4. Effective January 1, 1996.)
  108. 18006.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Licensee” means a dealer, dealer branch, manufacturer, distributor, or salesperson licensed under this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18006. “Licensee” means a dealer, dealer branch, manufacturer, distributor, or salesperson licensed pursuant to this part. (Amended by Stats. 1982, Ch. 1162, Sec. 1.)
  109. 18006.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “Manufacturer” for manufactured housing law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18006.3. “Manufacturer” means any person who produces from raw materials or basic components a manufactured home, mobilehome, or commercial coach of a type subject to the provisions of this part, or who permanently alters for purposes of retail sales, rent, or lease, within this state, manufactured homes, mobilehomes, or commercial coaches by converting them into manufactured homes, mobilehomes, or commercial coaches subject to this part. (Amended by Stats. 1984, Ch. 1342, Sec. 5. Effective September 26, 1984. Operative January 1, 1985, by Sec. 39 of Ch. 1342.)
  110. 18007.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “manufactured home” for this part and says when that term applies in other state code provisions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18007. (a) “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). (b) Notwithstanding any other provision of law, if a codified provision of state law uses the term “manufactured home,” and it clearly appears from the context that the term “manufactured home” should apply only to manufactured homes, as defined under subdivision (a), the codified provision shall apply only to those manufactured homes. If any codified provision of state law, by its context, requires that the term applies to manufactured homes or mobilehomes without regard to the date of construction, the codified provision shall apply to both manufactured homes, as defined under subdivision (a), and mobilehomes as defined under Section 18008. (Amended by Stats. 2007, Ch. 540, Sec. 4. Effective January 1, 2008.)
  111. 18008.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “mobilehome” for this part and explains when the term applies to mobilehomes only or also to manufactured homes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18008. (a) “Mobilehome,” for the purposes of this part, means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Mobilehome” includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. “Mobilehome” does not include a commercial modular, as defined in Section 18001.8, factory-built housing, as defined in Section 19971, a manufactured home, as defined in Section 18007, a multifamily manufactured home, as defined in Section 18008.7, or a recreational vehicle, as defined in Section 18010. (b) Notwithstanding any other provision of law, if a codified provision of state law uses the term “mobilehome,” and it clearly appears from the context that the term “mobilehome” should apply only to mobilehomes, as defined under subdivision (a), the codified provision shall apply only to those mobilehomes. If any codified provision of state law, by its context, requires that the term applies to mobilehomes or manufactured homes without regard to the date of construction, the codified provision shall apply to both mobilehomes, as defined under subdivision (a), and manufactured homes, as defined under Section 18007. (Amended by Stats. 2007, Ch. 540, Sec. 5. Effective January 1, 2008.)
  112. 18008.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “manufactured home or mobilehome accessory building or structure” and “manufactured home or mobilehome accessory” to include items like awnings, cabanas, carports, skirting, heaters, coolers, fences, windbreaks, porches, and similar equipment used by the occupant.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18008.5. “Manufactured home or mobilehome accessory building or structure” or “manufactured home or mobilehome accessory” includes, but is not limited to, any awning, portable, demountable, or permanent cabana, ramada, storage cabinet, carport, skirting, heater, cooler, fence, windbreak, or porch or other equipment established for the use of the occupant of the manufactured home or mobilehome. (Amended by Stats. 2000, Ch. 471, Sec. 9. Effective January 1, 2001.)
  113. 18008.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “multifamily manufactured home” and requires such homes to comply with applicable department regulations and certain Title 24 requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18008.7. (a) “Multifamily manufactured home,” for the purposes of this part, means either of the following: (1) A structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units, a dormitory, or an efficiency unit, to be used either with a support system pursuant to Section 18613 or a foundation system pursuant to subdivision (a) of Section 18551. (2) A structure transportable under permit in one or more sections, designed to be used with a foundation system for three or more dwelling units, as defined by Section 18003.3. (b) Multifamily manufactured homes shall be constructed in compliance with applicable department regulations. The egress and fire separation requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels, apartment houses, and structures that contain two dwelling units shall also be applicable to all multifamily manufactured homes constructed for those purposes. The accessibility and adaptability requirements of Title 24 of the California Code of Regulations applicable to covered multifamily dwelling units shall also be applicable to multifamily manufactured homes containing three or more dwelling units. (c) Notwithstanding any other provision of law, all provisions of law that apply to manufactured homes shall apply equally to multifamily manufactured homes, except as provided in this section. (d) For purposes of this section: (1) “Dormitory” means a room or rooms inhabited for the purposes of temporary residence by two or more persons. (2) “Efficiency unit” has the same meaning as defined in Section 17958.1. (3) “Multiunit manufactured housing” has the same meaning as “multifamily manufactured home,” as that term is defined in this section. (Amended by Stats. 2007, Ch. 540, Sec. 6. Effective January 1, 2008.)
  114. 18009.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines when a manufactured home, mobilehome, or commercial coach counts as “new.”

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18009. “New manufactured home,” “new mobilehome,” or “new commercial coach” is a manufactured home, mobilehome, or commercial coach which is not defined as a “used manufactured home,” “used mobilehome”, or “used commercial coach” under Section 18014, which is delivered for sale or lease in this state, and which has not been delivered to a first purchaser or lessor for purposes other than resale or reletting. (Amended by Stats. 1983, Ch. 1076, Sec. 10.)
  115. 18009.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “park trailer” and “loft area,” sets size and transport limits, requires noncomplying lofts to be posted and not occupied, allows removable hitches to be removed and stored, and says conflicting statutory text controls over ANSI Standard A119.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18009.3. (a) “Park trailer” means a trailer designed for human habitation for recreational or seasonal use only, that meets all of the following requirements: (1) It contains 400 square feet or less of gross floor area, excluding loft area space if that loft area space meets the requirements of subdivision (b) and Section 18033. It may not exceed 14 feet in width at the maximum horizontal projection. (2) It is built upon a single chassis. (3) It may only be transported upon the public highways with a permit issued pursuant to Section 35780 of the Vehicle Code. (b) For purposes of this section and Section 18033, “loft area” means any area within a unit that is elevated 30 inches or more above the main floor area and designed to be occupied. In order for the floor of a loft area to be occupied and excluded from the calculation of gross floor area for purposes of subdivision (a), the loft area shall meet all of the requirements of Section 18033. Loft areas not meeting the requirements of this subdivision and Section 18033 shall not be occupied and shall be posted with a permanent label conspicuously located within 24 inches of the opening of each noncomplying loft. The label language and design shall provide the following: ## WARNING This area is not designed to be occupied and shall be used only for storage. Lettering on this label shall contrast with the label’s background and shall be not less than one-quarter inch in height, except for the word “WARNING” which shall be not less than one-half inch in height. (c) A park trailer hitch, when designed by the manufacturer to be removable, may be removed and stored beneath a park trailer. (d) If any provision of this section or Section 18033 conflicts with ANSI Standard A119.5 Recreational Park Trailers as it is published at any time, the statutory provision shall prevail. (Amended by Stats. 2001, Ch. 490, Sec. 1. Effective January 1, 2002.)
  116. 18009.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    “Registered owner” means a person registered by the department as the owner of certain manufactured-housing vehicles or homes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18009.5. “Registered owner” means a person registered by the department as the owner of a manufactured home, mobilehome, commercial coach, floating home, or truck camper. (Amended by Stats. 1992, Ch. 686, Sec. 4. Effective January 1, 1993.)
  117. 1801.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 13. Community Paramedicine or Triage to Alternate Destination [1800 - 1857] ( Chapter 13 added by Stats. 2020, Ch. 138, Sec. 4. ) ## ARTICLE 1. General Provisions [1800 - 1801] ( Article 1 added by Stats. 2020, Ch. 138, Sec. 4. )

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    The Legislature says California should set standards for community paramedicine and triage-to-alternate-destination programs run by local EMS agencies.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 13. Community Paramedicine or Triage to Alternate Destination [1800 - 1857] ( Chapter 13 added by Stats. 2020, Ch. 138, Sec. 4. ) ## ARTICLE 1. General Provisions [1800 - 1801] ( Article 1 added by Stats. 2020, Ch. 138, Sec. 4. ) ## 1801. (a) It is the intent of the Legislature to establish state standards that govern the implementation of community paramedicine or triage to alternate destination programs by local EMS agencies in California. (b) It is the intent of the Legislature that community paramedicine or triage to alternate destination programs be community-focused extensions of the traditional emergency response and transportation paramedic model that has developed over the last 50 years and be recognized as an emerging model of care created to meet an unmet need in California’s communities. (c) It is the intent of the Legislature to improve the health of individuals in their communities by authorizing licensed paramedics, working under expert medical oversight, to deliver community paramedicine or triage to alternate destination services in California utilizing existing providers, promoting continuity of care, and maximizing existing efficiencies within the first response and emergency medical services system. (d) It is the intent of the Legislature that a community paramedicine or triage to alternate destination program achieve all of the following: (1) Improve coordination among providers of medical services, behavioral health services, and social services. (2) Preserve and protect the underlying 911 emergency medical services delivery system. (3) Preserve, protect, and deliver the highest level of patient care to every Californian. (4) Preserve and protect the current health care workforce and empower local health care systems to provide care more effectively and efficiently. (e) It is the intent of the Legislature that an alternate destination facility participating as part of an approved program always be staffed by a health care professional with a higher scope of practice, such as, at minimum, a registered nurse. (f) It is the intent of the Legislature that the delivery of community paramedicine or triage to alternate destination services is a public good to be delivered in a manner that promotes the continuity of both care and providers. It is the intent of the Legislature that the delivery of these services be coordinate and consistent with, and complementary to, the existing first response and emergency medical response system in place within the jurisdiction of the local EMS agency. (g) It is the intent of the Legislature that a community paramedicine or triage to alternate destination program be designed to improve community health and be implemented in a fashion that respects the current emergency medical system and its providers, and the health care delivery system. In furtherance of the public interest and good, agencies that provide first response services are well positioned to deliver care under a community paramedicine or triage to alternate destination program. (h) It is the intent of the Legislature that the development of any community paramedicine or triage to alternate destination program reflect input from all practitioners of appropriate medical authorities, including, but not limited to, medical directors, physicians, nurses, mental health professionals, first responder paramedics, hospitals, and other entities within the emergency medical response system. (i) It is the intent of the Legislature that local EMS agencies be authorized to develop a community paramedicine or triage to alternate destination program to improve patient care and community health. A community paramedicine or triage to alternate destination program should not be used to replace or eliminate health care workers, reduce personnel costs, harm the working conditions of emergency medical and health care workers, or otherwise compromise the emergency medical response or health care system. The highest priority of any community paramedicine or triage to alternate destination program shall be improving patient care. (j) It is the intent of the Legislature to monitor and evaluate implementation of community paramedicine and triage to alternate destination programs by local EMS agencies in California and determine whether these programs should be modified or extended before the January 1, 2024, sunset date of this chapter. (Added by Stats. 2020, Ch. 138, Sec. 4. (AB 1544) Effective January 1, 2021. Repealed as of January 1, 2031, pursuant to Section 1857.)
  118. 18010.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “recreational vehicle” and lists the size, chassis, and mobility criteria it must meet, or it may be a park trailer defined elsewhere.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18010. “Recreational vehicle” means both of the following: (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria: (1) It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (2) It contains 400 square feet or less of gross area measured at maximum horizontal projections. (3) It is built on a single chassis. (4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit. (b) A park trailer, as defined in Section 18009.3. (Amended by Stats. 2000, Ch. 566, Sec. 2. Effective January 1, 2001.)
  119. 18010.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    In this part, “regulations” or “rules and regulations” means regulations adopted by the commission or department under the cited Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18010.5. “Regulations” or “rules and regulations,” as used in this part, means regulations promulgated by the commission or department, as appropriate, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  120. 18011.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “rent” as money or other consideration paid for the right to use, possess, and occupy property.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18011. “Rent” means money or other consideration given for the right of use, possession, and occupation of property. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  121. 18012.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “retailer” to mean a dealer.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18012. “Retailer” means a dealer. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  122. 18012.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    For Chapter 8, “sale” or “sold” does not include certain sales between manufacturers, distributors, and licensed dealers.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18012.3. “Sale” or “sold,” for purposes of Chapter 8 (commencing with Section 18075) does not include or extend to any sale made by a manufacturer or a distributor to a dealer or by a dealer to another dealer licensed under this part. (Amended by Stats. 1986, Ch. 442, Sec. 2.)
  123. 18012.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “slide-in camper” as a portable unit that can be loaded onto and unloaded from a truck and is designed for human habitation for recreational or emergency occupancy; it also says the term means a truck camper.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18012.4. “Slide-in camper” means a portable unit, consisting of a roof, floor, and sides, designed to be loaded onto, and unloaded from, a truck and designed for human habitation for recreational or emergency occupancy. “Slide-in camper” means a truck camper. (Added by Stats. 1984, Ch. 1527, Sec. 6.)
  124. 18012.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “special purpose commercial modular” and says “special purpose commercial coach” has the same meaning.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18012.5. “Special purpose commercial modular” means a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is not required to be moved under permit, and shall include a trailer coach. “Special purpose commercial coach” has the same meaning as “special purpose commercial modular” as that term is defined in this section. (Amended by Stats. 2002, Ch. 98, Sec. 2. Effective January 1, 2003.)
  125. 18013.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines who counts as a “salesperson” for manufactured home, mobilehome, or commercial coach transactions, and lists several exclusions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18013. (a) “Salesperson” means a person employed by a dealer and not otherwise expressly excluded by this section, who does one or more of the following: (1) For commission, money, profit, or other thing of value, sells, exchanges, buys, leases, or offers for sale, negotiates, or attempts to negotiate, a sale, lease, or exchange of an interest in a manufactured home, mobilehome, or commercial coach. (2) Induces or attempts to induce any person to buy, lease, or exchange an interest in a manufactured home, mobilehome, or commercial coach, and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller, lessee, or purchaser of the manufactured home, mobilehome or commercial coach. (3) Exercises managerial control over the business of a licensed manufactured home, mobilehome, or commercial coach dealer or who supervises salespersons employed by a licensed dealer, whether compensated by salary or commission, including, but not limited to, any person who is employed by the dealer as a general manager, assistant general manager, sales manager, or in any capacity, regardless of title, where the individual reviews, advises, supervises, or oversees, sales contracts, credit applications, or any other documents pertaining to the sale, purchase, or lease of manufactured homes or mobilehomes, or any employee of a licensed manufactured home, mobilehome, or commercial coach dealer who negotiates with or induces a customer to enter into a security agreement, lease, or purchase agreement or purchase order for the sale of a manufactured home, mobilehome, or commercial coach on behalf of the licensed manufactured home, mobilehome, or commercial coach dealer. (b) The term “salesperson” does not include any of the following: (1) A representative of an insurance company, finance company, bank, savings and loan association, or public official, who in the regular course of business, is required to dispose of, or sell manufactured homes, mobilehomes, or commercial coaches under a contractual right or obligation of the employer, or in the performance of an official duty, or under authority of any court of law, as long as the sale is for the purpose of protecting the seller from any loss or is pursuant to the authority of a court of competent jurisdiction. (2) A person who is licensed as a manufacturer or distributor. (3) A person exclusively employed in a bona fide business of exporting manufactured homes, mobilehomes, or commercial coaches, or of soliciting orders for the sale and delivery of mobilehomes or commercial coaches outside the territorial limits of the United States. (4) A person not engaged in the purchase or sale of manufactured homes, mobilehomes, or commercial coaches as a business, disposing of manufactured homes, mobilehomes, or commercial coaches acquired for the person’s own use, or for use in business when they have been so acquired and used in good faith and not for the purpose of avoiding the provisions of this part. (5) A person licensed as a manufactured home, mobilehome, or commercial coach dealer doing business as a sole ownership or a member of a partnership or a stockholder and director of a corporation licensed as a manufactured home, mobilehome, or commercial coach dealer under this part, as long as the person engages in the activities of a salesperson exclusively on behalf of the sole ownership or partnership or corporation in which the person owns an interest or stock, and the person owning the stock is a director of the corporation; otherwise, the person shall be deemed to be a manufactured home, mobilehome, or commercial coach salesperson and subject to the provisions of Section 18045. (Amended by Stats. 1984, Ch. 1528, Sec. 1. Effective September 30, 1984.)
  126. 18013.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This provision defines “third-party entity” or “third party” for manufactured housing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18013.2. “Third-party entity” or “third party,” as used in this part, means an entity which is all of the following: (a) In the business of inspecting equipment, systems, and assemblies and monitoring quality assurance programs, or analyzing plans, designs, specifications, and engineering calculations supporting design concepts. (b) Not under the control or jurisdiction of any manufacturer or supplier for any affected industry except by contract as required and approved by the department. (c) Making available specific information as required by the department. (d) Approved by the department. (Added by Stats. 1991, Ch. 506, Sec. 1.)
  127. 18013.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    “Truck camper” means a slide-in camper as defined in Section 18012.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18013.4. “Truck camper” means a slide-in camper as defined in Section 18012.4. (Amended by Stats. 2003, Ch. 814, Sec. 3. Effective January 1, 2004.)
  128. 18014.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “used manufactured home,” “used mobilehome,” and “used commercial coach.”

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18014. “Used manufactured home,” “used mobilehome,” or “used commercial coach” means a manufactured home, mobilehome, or commercial coach that was previously sold and registered or titled with the department, or with an appropriate agency or authority, or any other state, District of Columbia, territory or possession of the United States or a foreign state, province, or country. (Amended by Stats. 1983, Ch. 1076, Sec. 12.)
  129. 18014.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section defines “net listing agreement” for manufactured homes and mobilehomes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 1. Definitions [18000 - 18014.5] ( Chapter 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18014.5. For purposes of this part, a “net listing agreement” means any agreement entered into by a seller of a manufactured home or mobilehome that is not a new manufactured home or mobilehome and a licensed dealer in which the seller agrees to accept a specific purchase price and under which the dealer may receive as a commission all proceeds from the sale in excess of that purchase price. (Added by Stats. 2004, Ch. 567, Sec. 2. Effective January 1, 2005.)
  130. 18015.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section says the part applies statewide and local ordinances that conflict with it are superseded. It also gives the department power to issue regulations clarifying specified topics and other provisions of the part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18015. The provisions of this part apply to all parts of the state and supersede any ordinance enacted by any city, county, or city and county which conflict with the provisions of this part. The department may promulgate regulations to interpret and make specific the provisions of this part relating to construction, titling and registration, occupational licensing, advertising, commercial transactions, and other related or specifically enumerated activities, and, when adopted, these rules and regulations shall apply in all parts of the state. The department may promulgate rules and regulations to interpret and make specific the other provisions of this part and when adopted these rules and regulations shall apply in all parts of the state. (Amended by Stats. 1983, Ch. 1076, Sec. 13.)
  131. 18015.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    Statutory references to “commercial coach” and “special purpose commercial coach” must be read as references to “commercial modular” and “special purpose commercial modular.”

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18015.1. All statutory references to “commercial coach” and to “special purpose commercial coach” are hereby deemed to refer to “commercial modular” and to “special purpose commercial modular,” respectively. (Added by Stats. 2002, Ch. 98, Sec. 3. Effective January 1, 2003.)
  132. 18015.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    Chapter 4 rules for manufactured homes and mobilehomes also apply to commercial coaches, and the department may set reasonable regulatory variations if they will not endanger public health, welfare, or safety.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18015.5. The provisions of Chapter 4 (commencing with Section 18025), applicable to manufactured homes and mobilehomes, shall also apply to commercial coaches, except that reasonable variations in standards for commercial coaches shall be established by regulations if the department determines these variations will not endanger public health, welfare, or safety. (Amended by Stats. 1998, Ch. 293, Sec. 1. Effective January 1, 1999.)
  133. 18015.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    This section says subdivision (p) of Section 18062.8 does not apply to certain sales to public agencies for low- and moderate-income housing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18015.7. Subdivision (p) of Section 18062.8 shall not apply to a sale to a city, county, city and county, or any other public agency for the purpose of providing housing for low- and moderate-income households, as defined in Section 50093. (Added by Stats. 1995, Ch. 185, Sec. 4. Effective January 1, 1996.)
  134. 18016.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    The department may approve alternate materials or methods if they are satisfactory and equivalent, and it may require compliance testing or proof at the owner’s or agent’s expense when needed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18016. (a) The provisions of this part are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by this part and the rules and regulations promulgated pursuant thereto, provided any alternate has been approved by the department. (b) The department may approve any alternate if it finds that the proposed design is satisfactory and that the material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this part and the rules and regulations promulgated pursuant thereto in quality, strength, effectiveness, fire resistance, durability, safety, and for the protection of life and health. (c) Whenever there is evidence that any material, appliance, installation, device, arrangement, or method of construction does not conform to the requirements of this part and the rules and regulations promulgated pursuant thereto, or in order to substantiate claims for alternates, the department may require tests or proof of compliance to be made at the expense of the owner or his or her agent. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  135. 18016.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    The Mobilehome Revolving Fund is renamed, certain money must go into the fund or be continuously appropriated to the department, and fee schedules must be reduced if the fund balance is too high.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 2. Application and Scope [18015 - 18016.5] ( Chapter 2 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18016.5. (a) The Mobilehome Revolving Fund is continued in existence and renamed the Mobilehome-Manufactured Home Revolving Fund. Money transferred to, or deposited in, the fund is continuously appropriated to the department notwithstanding Section 13340 of the Government Code, for expenditure in carrying out the provisions of this part. All fees or other moneys accruing to the department pursuant to this part shall, except as otherwise expressly provided by law, be deposited in the fund. (b) Total money contained in the Mobilehome-Manufactured Home Revolving Fund on June 30 of each fiscal year shall not exceed the amount of money needed for operating expenses for one year for the enforcement of this part. If the total money contained in the fund exceeds this amount, the commission or department, as appropriate, shall make appropriate reductions in the schedule of fees authorized by this part. (Amended by Stats. 1983, Ch. 195, Sec. 1. Effective July 12, 1983.)
  136. 18020.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department must enforce this part, can use approved third-party entities for Chapter 4 enforcement, and may impose approval controls, hearings, suspension, revocation, citations, and fines for third-party entities.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18020. (a) Except as provided in Section 18027.3, and except as provided by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), as it applies to the manufacture of new manufactured housing, the department shall enforce this part and the rules and regulations adopted pursuant to this part. (b) The department may, at the department’s sole option, enforce Chapter 4 (commencing with Section 18025) and the rules and regulations adopted pursuant to Chapter 4 through department-approved third-party entities. The department shall adopt regulations for the approval of third-party entities, including, but not limited to, all of the following criteria: (1) Freedom from any conflict of interest. (2) Qualifications of personnel. (3) Frequency of inspections or monitorings of manufacturer quality control. (4) Involvement in collusive or fraudulent actions related to the performance of activities required by Section 18013.2. (5) Any other conditions of operation that the department may reasonably require. (c) The department may require rotation of third-party entities performing inspection services for any manufacturing facility within the state to prevent the third-party entity from either performing inspections within the same facility for more than 365 calendar days or performing inspections for any facility when the third-party entity performed inspection services within the previous 365 calendar days. (d) The department shall monitor the performance of third-party entities approved pursuant to subdivision (b) and shall require periodic reports in writing containing information that the department may reasonably require to determine compliance with the conditions of the department’s approval. (1) When the department receives information about an alleged inadequacy in the performance of a third-party entity, including any involvement in collusive or fraudulent actions related to the performance of activities required by Section 18013.2, it shall consider the information in its monitoring efforts and make a determination about the validity of the alleged inadequacy in a timely manner. (2) When the department determines, either through its monitoring efforts or through information provided by any other person, that an approved third-party entity has failed to perform according to the conditions of approval, the department may withdraw approval by forwarding written notice to the approved third-party entity by registered mail to its address of record, briefly summarizing the cause for the department’s decision. (3) A third-party entity, upon having its approval withdrawn by the department, may request a hearing before the director of the department. The request for hearing shall be in writing and either delivered or postmarked prior to midnight on the 10th calendar day from the date of the department’s notice. (4) The department, upon timely receipt of a written request for hearing, shall, within 30 calendar days, schedule a hearing before the director or his or her agent. All hearings pursuant to this subdivision shall be held in the department’s Sacramento offices and the decision of the director shall be final. (5) A third-party entity whose approval has been withdrawn by the department shall not be permitted to reapply for the department’s approval pursuant to subdivision (b) for a period of one year from the date that the approval was withdrawn by the department. (6) A third-party entity whose approval has been withdrawn more than once by the department shall not be permitted to reapply for department approval pursuant to subdivision (b) for a period of not less than one year from the date that the department’s approval was last withdrawn. (7) No third-party entity shall perform the activities required by Section 18013.2 unless it has the approval of the department. (e) (1) Upon finding a violation of subdivision (b) on the part of a third-party entity, the director shall issue citations and levy administrative fines. Each citation and fine assessment shall be in writing and describe the particulars for the citation. The citation and fine assessment shall be issued not later than six months after discovery of the violation. (2) The fine for a first violation shall be at least five hundred dollars ($500) and shall not exceed one thousand dollars ($1,000). The fine for a second violation shall be at least two thousand dollars ($2,000) and shall not exceed four thousand dollars ($4,000). The fine for a third violation shall be at least five thousand dollars ($5,000), and shall not exceed ten thousand dollars ($10,000). The fines shall be assessed for each day the violation occurs. If a third-party entity has been cited more than three times during a 365-day period, the approval to conduct inspections on behalf of the department shall be suspended for a minimum of one year. (3) The third-party entity may request an administrative hearing on the citation or fine. If the party fails to request a hearing within 30 days and does not pay the fine, the approval to perform inspections shall be automatically revoked, until the time that the department finds that the circumstances that led to the citation have been corrected and the fines have been paid. (4) Upon review of the findings from the administrative hearing, the director may modify, rescind, or uphold the citation and fine assessment. The decision of the director shall be served by regular mail. (5) The fines shall be paid into the Housing and Community Development Fund, which is hereby created in the State Treasury, and shall be used, when appropriated by the Legislature, to offset the department’s costs to administer this part. (f) The remedies provided in this part to any aggrieved party are not exclusive and shall not preclude the applicability of any other provision of law. (Amended by Stats. 1999, Ch. 83, Sec. 107. Effective January 1, 2000.)
  137. 18020.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Knowingly violating this part or related rules is a misdemeanor, with a possible fine, jail time, or both. For certain misdemeanor filings by a licensee in the first sale or lease of a manufactured home, mobilehome, or commercial coach, the one-year filing period starts when the home or coach is delivered to the consumer.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18020.5. (a) Any person who knowingly violates any provision of this part or any rule or regulation issued pursuant to this part, except for a violation of any federal manufactured home or mobilehome construction and safety standard for which a penalty is provided in Section 18021, is guilty of a misdemeanor, punishable by a fine not exceeding two thousand dollars ($2,000), by imprisonment not exceeding 30 days, or by both. (b) Notwithstanding Section 801 of the Penal Code, the one-year period for filing an indictment or an information or complaint with respect to any misdemeanor in subdivision (a) by a licensee in the first sale or lease of any manufactured home, mobilehome, or commercial coach to a consumer shall commence on the date that the manufactured home, mobilehome, or commercial coach is delivered to the consumer. (Amended by Stats. 1998, Ch. 293, Sec. 3. Effective January 1, 1999.)
  138. 18021.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A person who knowingly violates the referenced federal Section 5409 rule or related regulations/orders may owe civil penalties; certain individuals and corporate officers, directors, or agents may also face a state fine or jail if the violation threatens a purchaser’s health and safety.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18021. (a) Any person who knowingly violates any provision of Section 5409 of Title 42 of the United States Code, or any regulation or final order issued thereunder as it exists on the effective date of this section in this state, shall be liable to the state for a civil penalty of not to exceed one thousand dollars ($1,000) for each violation. Each violation of a provision of Section 5409 of Title 42 of the United States Code, or any regulation or order issued thereunder, as it exists on the effective date of this section shall constitute a separate violation with respect to each manufactured home or mobilehome, or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed one million dollars ($1,000,000) for any related series of violations occurring within one year from the date of the first violation. (b) Any individual or a director, officer, or agent of a corporation, who knowingly violates Section 5409 of Title 42 of the United States Code as it exists on the effective date of this section in this state in a manner which threatens the health and safety of any purchaser, shall be subject to a state fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than one year, or by both such a fine and imprisonment. (Amended by Stats. 1983, Ch. 1076, Sec. 16.)
  139. 18021.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section makes knowing violations of the manufactured housing licensing, titling, and registration rules a misdemeanor and a basis for civil penalties. It also lets the department suspend or revoke licenses, recover costs, seek restitution, and pursue other remedies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18021.5. (a) Any person who knowingly violates any of the provisions of this part relating to licensing or titling and registration, or any rules or regulations promulgated therefor, is guilty of a misdemeanor, punishable by a fine not exceeding two thousand dollars ($2,000) or by imprisonment not exceeding 30 days, or by both. (b) The department, after notice and hearing, may suspend or revoke the license issued to a licensee, as provided for by this part, who knowingly violates any of the provisions of this part. In any hearing before a judge or in any administrative action before an administrative law judge, the department may seek and may recover its investigative and enforcement costs from the licensee unless the licensee prevails on the charges. The department may also seek fines and may seek restitution as provided in subdivision (d). (c) Any person who knowingly violates any provision of this part relating to licensing or titling and registration, or any rules or regulations promulgated therefor, shall be liable for a civil penalty not exceeding two thousand dollars ($2,000) for each violation or for each day of a continuing violation. The department shall institute or maintain an action in a court of appropriate jurisdiction to collect any civil penalty arising under this section. (d) In addition to the other remedies provided in this section, the department may pursue any other remedies provided for in this part and may seek restitution for any monetary loss to a purchaser, seller, licensee, financing agency, governmental agency, or other person or entity suffering a monetary loss as a result of a violation of this part. (e) In any disciplinary hearing before an administrative law judge concerning licensing, upon request of the department and pursuant to appropriate proof, the administrative law judge shall make the following findings: (1) The amount of the actual and direct monetary loss to any person or entity as a result of fraud, willful misrepresentation, or breach of warranty or guarantee by the respondent. (2) The amount of the department’s investigative and enforcement costs up to and including the date of the hearing, including, but not limited to, charges imposed by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (Amended by Stats. 1988, Ch. 1289, Sec. 1. Effective September 26, 1988.)
  140. 18021.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section says it does not stop other California penal laws from applying to transactions involving fraud, misrepresentation, forgery, or deceit that violate this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18021.6. Nothing in this part shall be construed as precluding the application of any other provision of the penal laws of this state to any transaction involving fraud, misrepresentation, forgery, or deceit which violates this part. (Added by Stats. 1984, Ch. 1342, Sec. 5.5. Effective September 26, 1984. Operative January 1, 1985, by Sec. 39 of Ch. 1342.)
  141. 18021.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department can cite licensees for listed violations and assess civil penalties, and cited persons can request an informal hearing within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18021.7. (a) (1) In addition to other remedies provided in this part, the Director of Housing and Community Development or his or her designee may issue a citation that assesses a civil penalty payable to the department to any licensee who violates subdivision (d) of Section 18020, Section 18021.5, 18026, 18029.6, or 18030, subdivision (b) of Section 18032, Section 18035, 18035.1, 18035.2, 18035.3, 18036, 18039, 18045, 18045.5, 18045.6, 18046, or 18058, subdivision (a) of Section 18059, subdivision (b) of Section 18059.5, subdivision (c) of Section 18060, subdivision (c) of Section 18060.5, Section 18061, subdivision (d), (i), or (j) of Section 18061.5, subdivision (a) or (b) of Section 18062, subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 18062.2, subdivision (c) of Section 18063, Section 18080.5, or paragraph (2) of subdivision (f) of Section 18802. (2) A violation of subdivision (d) of Section 18060.5 is also cause for citation if both the dealer and the manufacturer receive written notice of a warranty complaint from the complainant, from the department, or another source of information, and, at a minimum, the 90-day period provided for correction of substantial defects pursuant to Section 1797.7 of the Civil Code has expired. (3) Each citation and related civil penalty assessment shall be issued no later than one year after discovery of the violation. (4) A violation of paragraph (2) of subdivision (f) of Section 18802 shall result in a civil penalty in the amount of two hundred fifty dollars ($250) for each violation. (b) (1) Except as provided in paragraph (2), the amount of any civil penalty assessed pursuant to subdivision (a) shall be one hundred dollars ($100) for each violation, but shall be increased to two hundred fifty dollars ($250) for each subsequent violation of the same prohibition for which a citation for the subsequent violation is issued within one year of the citation for the previous violation. The violation or violations giving cause for the citation shall be corrected if applicable, and payment of the civil penalty shall be remitted to the department within 45 days of the date of issuance of the citation. Civil penalties received by the department pursuant to this section shall be deposited in the Mobilehome-Manufactured Home Revolving Fund. (2) (A) For violations of subdivision (d) of Section 18020, or Section 18026, the department shall assess the civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply: (i) The citation includes multiple violations. (ii) The cited person has a history of violations of the same or similar provisions of this division and the regulations promulgated under this division. (iii) In the judgment of the department, the person has exhibited bad faith or a conflict of interest. (iv) In the judgment of the department, the violation is serious or harmful. (v) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities. (B) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000). (C) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated. (c) Any person or entity served a citation pursuant to this section may petition for, and shall be granted, an informal hearing before the director or his or her designee. The petition shall be a written request briefly stating the grounds for the request. Any petition to be considered shall be received by the department within 30 days of the date of issuance of the citation. (d) Upon receipt of a timely and complying petition, the department shall suspend enforcement of the citation and set a time and place for the informal hearing and shall give the licensee written notice thereof. The hearing shall commence no later than 30 days following receipt of the petition or at another time scheduled by the department pursuant to a request by the licensee or department if good and sufficient cause exists. If the licensee fails to appear at the time and place scheduled for the hearing, the department may notify the licensee in writing that the petition is dismissed and that compliance with terms of the citation shall occur within 10 days after receipt of the notification. (e) The department shall notify the petitioner in writing of its decision and the reasons therefor within 30 days following conclusion of the informal hearing held pursuant to this section. If the decision upholds the citation, in whole or in part, the licensee shall comply with the citation in accordance with the decision within 30 days after the decision is mailed by the department. (f) Nothing in this section shall be construed to preclude remedies available under other provisions of law. (Amended by Stats. 2018, Ch. 774, Sec. 1. (AB 3066) Effective January 1, 2019.)
  142. 18022.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The director and designated department representatives must enforce the laws assigned to the department under this part, and designated persons may inspect certain registered manufactured housing vehicles and parts in specified business locations for investigation.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18022. (a) The director, and other representatives of the department designated by him or her, shall enforce those provisions of law committed to the administration of the department pursuant to this part. (b) Any person designated in subdivision (a) may inspect any manufactured home, mobilehome, commercial coach, or truck camper of a type required to be registered under this code, or any component part thereof, in any garage, repair shop, parking lot, new or used sales facility, manufacturer’s facility, display facility, or any other establishment engaged in the business of selling, repairing, or displaying manufactured homes, mobilehomes, commercial coaches, or truck campers, or the integral parts thereof, for the purpose of investigating the title and registration of the manufactured home, mobilehome, commercial coach, or truck camper, or the sales practices thereof. (Amended by Stats. 1984, Ch. 1527, Sec. 8.)
  143. 18022.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The director may sue to stop violations and seek restitution-related relief; the court may grant injunctions, appoint a receiver, or make other protective orders.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18022.5. (a) Whenever the director determines through an investigation that any person has violated this part, or any regulation, order, license, permit, decision, demand, or requirement or any part or provision thereof issued pursuant to this part, the director may bring an action in the name of the people of the State of California against that person to enjoin the person from continuing the violation or engaging therein or doing any act or acts in furtherance thereof. In the action, an order or judgment may be entered awarding a preliminary or final injunction as may be proper. If the director makes a showing satisfactory to the court that the violation or threatened violation jeopardizes funds and properties of others in the custody or under the control of the defendant, the court may appoint a receiver for management of the business of the defendant, including, but not limited to, the funds and properties of others in his or her possession or may make any other order as it deems appropriate to protect and preserve those funds and properties. (b) The director may include in any action authorized by subdivision (a), a claim for restitution on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award appropriate relief to those persons. (Added by Stats. 1987, Ch. 707, Sec. 1.)
  144. 18023.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department must notify concerned governmental agencies when an investigation shows an escrow agent has committed one of the listed acts. The director and designated department representatives have peace officer powers only for serving warrants or documents and cooperating with law enforcement on information collection.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18023. (a) The director, and any other representatives of the department designated by the director, shall have the powers of peace officers only for the purpose of service of warrants or documents and for the cooperation with other law enforcement agencies in the collection of information. (b) The department shall notify any concerned governmental agency whenever it is determined by investigation that an escrow agent has done any of the following: (1) Violated Section 18035, 18035.2, or applicable administrative rules and regulations. (2) Engaged in loan fraud. (3) Submitted false information to the department for the purposes of titling and registration of a manufactured home or mobilehome. (Amended by Stats. 1990, Ch. 865, Sec. 1.)
  145. 18024.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may issue a written citation to an unlicensed dealer, and may assess a civil penalty up to $2,000.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18024. (a) If, upon inspection or investigation, based upon a complaint or otherwise, the department has cause to believe that a person is acting in the capacity, or engaging in the business, of a dealer within this state without having a license in good standing therefor, and the person is not otherwise exempt pursuant to subdivision (b) of Section 18002.6, the department may issue a citation to that person in writing, describing with particularity the basis of the citation. Each citation may contain an order of abatement and assessment of a civil penalty not to exceed two thousand dollars ($2,000). All civil penalties collected under this section shall be deposited in the Mobilehome-Manufactured Home Revolving Fund provided for in Section 18016.5. (b) The department may adopt regulations prescribing procedures for issuance of citations under this section and covering the assessment of a civil penalty which shall give due consideration to the gravity of the violation, the good faith of the person cited, and any history of previous violations. (c) The sanctions authorized under this section shall be separate from, and in addition to, all other civil or criminal remedies. (Amended by Stats. 2004, Ch. 567, Sec. 3. Effective January 1, 2005.)
  146. 18024.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department must issue a citation under Section 18024 within three years after the act or omission that supports the citation.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18024.2. A citation under Section 18024 shall be issued by the department within three years after the act or omission which is the basis for the citation. (Added by Stats. 1983, Ch. 752, Sec. 2.)
  147. 18024.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A person served with a citation may appeal to the department within 30 days, and the citation must say that. The citation must also be delivered by personal service or substitution.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18024.3. Any person served with a citation under Section 18024 may appeal to the department within 30 days from the receipt of the citation with respect to violations alleged, scope of the order of abatement, or amount of civil penalty assessed. The citation shall inform the person served that an appeal is required to be filed within 30 days of receipt by the person of the citation. The citation shall be delivered by personal service or substitution. (Added by Stats. 1983, Ch. 752, Sec. 3.)
  148. 18024.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A cited person must notify the department within 30 days if they intend to appeal, or the citation becomes final. The person cited may seek judicial review, and prevailing parties receive court costs and attorney’s fees. The department may extend the 30-day period for good cause.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18024.4. If, within 30 days from receipt of the citation, the person cited fails to notify the department that he or she intends to appeal the citation, the citation shall be deemed final. However, the person cited may obtain judicial review in accordance with Section 11523 of the Government Code. The person cited shall receive court costs and attorney’s fees if he or she prevails. The 30-day period may be extended by the department for good cause. (Added by Stats. 1983, Ch. 752, Sec. 4.)
  149. 18024.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    If a cited person timely contests the citation, the department must provide a hearing and then issue a decision based on the facts.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18024.5. If the person cited under Section 18024 timely notifies the department that he or she intends to contest the citation, the department shall afford an opportunity for a hearing. The department shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation or directing other appropriate relief. The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted therein. (Added by Stats. 1983, Ch. 752, Sec. 5.)
  150. 18024.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. )

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    After review procedures are exhausted, the department may ask the superior court for a civil-penalty judgment and an order requiring the cited person to comply with abatement; the application must include a certified copy of the department’s final order.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 3. Enforcement [18020 - 18024.6] ( Chapter 3 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18024.6. After the exhaustion of the review procedures provided for in Sections 18024.3 to 18024.5, inclusive, the department may apply to the appropriate superior court for a judgment in the amount of the civil penalty and an order compelling the cited person to comply with the order of abatement. The application, which shall include a certified copy of the final order of the department, shall constitute a sufficient showing to warrant the issuance of the judgment and order. (Added by Stats. 1983, Ch. 752, Sec. 6.)
  151. 18025.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section bans most sales, rentals, and leases of covered manufactured homes and coaches in California unless they meet department safety requirements, with exceptions for specified subdivisions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18025. (a) Except as provided in subdivisions (b) and (c), it is unlawful for any person to sell, offer for sale, rent, or lease within this state, any manufactured home or any mobilehome, commercial coach, or special purpose commercial coach manufactured after September 1, 1958, containing structural, fire safety, plumbing, heat-producing, or electrical systems and equipment unless the systems and equipment meet the requirements of the department for those systems and that equipment and the installation of those systems and that equipment. The department may adopt rules and regulations that are reasonably consistent with recognized and accepted principles for structural, fire safety, plumbing, heat-producing, and electrical systems and equipment and installations, respectively, to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe structural, fire safety, plumbing, heat-producing, and electrical systems, equipment and installations. (b) All manufactured homes and mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.). (c) The sale of used manufactured homes and mobilehomes by an agent licensed pursuant to this part shall be subject to Section 18046. (Amended by Stats. 1999, Ch. 517, Sec. 8. Effective January 1, 2000.)
  152. 18025.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may enforce manufactured home and mobilehome safety standards, adopt related regulations, and conduct inspections and investigations. Authorized staff may enter and inspect certain facilities and records when they show credentials and follow the stated limits.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18025.5. (a) Pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), the department may assume responsibility for the enforcement of manufactured home and mobilehome construction and safety standards relating to any issue with respect to which a federal standard has been established. The department may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of California’s plan for the administration and enforcement of federal manufactured home and mobilehome safety and construction standards. (b) The department may conduct inspections and investigations that it determines may be necessary to secure enforcement of this part and regulations adopted pursuant to this part. (c) Subdivision (b) shall not apply to the enforcement of Section 18027.3 unless the department determines that there is a compelling reason to exercise oversight in the inspection of recreational vehicles or park trailers at a factory, in which case the department may investigate the inspection, or conduct a department inspection, on recreational vehicles or park trailers at a factory and utilize any means necessary to collect a fee from the manufacturer for the cost of the department investigation or inspection. (d) For the purposes of enforcement of this part and the related regulations, persons duly designated by the director of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both of the following: (1) Enter, at reasonable times and without advance notice, any factory, warehouse, sales lot, or establishment in which manufactured homes, mobilehomes, commercial coaches, or special purpose commercial coaches are manufactured, stored, held for sale, sold, or offered for sale, rent, or lease. (2) Inspect, at reasonable times and within reasonable limits and in a reasonable manner, any factory, warehouse, sales lot, or establishment, and inspect the books, papers, records, and documents to ensure compliance with this part. (Amended by Stats. 1999, Ch. 83, Sec. 108. Effective January 1, 2000.)
  153. 18025.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    If a federal manufactured-home standard is repealed and no new preemptive federal replacement is adopted, the department may keep enforcing the federal standard for up to one year or until it adopts a replacement regulation, whichever happens first.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18025.6. When a standard for manufactured homes which was adopted pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), is repealed by the United States Department of Housing and Urban Development and no new preemptive federal standard is adopted as a replacement standard, the department may continue to enforce the federal standard for manufactured homes to be sold in this state, for a period of one year from the operative date of the repeal or until the department adopts a regulation to replace the repealed federal standard, whichever occurs first. The replacement standard, if any, may be adopted as an emergency regulation. (Added by Stats. 1988, Ch. 1178, Sec. 3.)
  154. 18026.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Certain manufactured homes and similar units sold, offered, rented, or leased in the state must bear the required compliance label or department insignia, and no one may remove an insignia without department authorization.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18026. (a) All manufactured homes, mobilehomes, commercial coaches, and special purpose commercial coaches manufactured on or after September 1, 1958, that are sold, offered for sale, rented, or leased within this state shall bear a federal label or an insignia of approval issued by the department, whichever is appropriate, to indicate compliance with the regulations of the department adopted pursuant to this part, which were in effect on the date of manufacture of the manufactured home, mobilehome, commercial coach, or special purpose commercial coach. (b) The department may issue insignia for manufactured homes, mobilehomes, commercial coaches, or special purpose commercial coaches manufactured prior to the effective dates of the appropriate regulations that meet the requirements of reasonable standards of health and safety as set forth in this part or the regulations adopted pursuant to this part in effect at the time of that issue. (c) It is unlawful for any person to remove, or cause to be removed, an insignia of approval affixed pursuant to this section without prior authorization by the department. (Amended by Stats. 1998, Ch. 293, Sec. 6. Effective January 1, 1999.)
  155. 18026.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    Units sold to the federal government for use on federal lands are exempt from the requirements of Sections 18025 and 18026.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18026.1. Units sold to the federal government for use on federal lands are exempt from the requirements of Sections 18025 and 18026. (Added by Stats. 1986, Ch. 442, Sec. 3.)
  156. 18027.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department must not issue its insignia of approval for certain manufactured homes, mobilehomes, or commercial coaches if they were manufactured in violation of the cited laws or regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18027. Any manufactured home, mobilehome or commercial coach which is manufactured in violation of the provisions of Chapter 11 (commencing with Section 19870) of Part 3 of Division 13 of this code, or Division 15 (commencing with Section 25004.2) of the Public Resources Code, or regulations adopted pursuant thereto, shall not be issued the department’s insignia of approval. (Amended by Stats. 1983, Ch. 1076, Sec. 21.)
  157. 18027.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Recreational vehicles covered by this section must be built to the stated ANSI or NFPA standards, carry required compliance labels, and not have more than one electrical power cord.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18027.3. (a) The Legislature finds and declares as follows: (1) The American National Standards Institute (ANSI) and National Fire Protection Association (NFPA) have adopted standards for the design and safety of recreational vehicles, including park trailers, pursuant to procedures that have given diverse views an opportunity to be considered and which indicate that interested and affected parties have reached substantial agreement on their adoption. (2) The ANSI A119.2 and A119.5 standards and the NFPA 1192 standards are designed to protect the health and safety of persons using recreational vehicles and park trailers. (3) Compliance with those standards as required by this section may be enforced by any law enforcement authority having appropriate jurisdiction, pursuant to Section 18020.5, which makes it a crime to violate any provision of this part. Therefore, to promote governmental efficiency and economy and to avoid duplication of activities and services, it is appropriate to eliminate the role of the department in modifying and enforcing standards for the construction of recreational vehicles. (b) Recreational vehicles specified in subdivision (a) of Section 18010 that are manufactured on or after January 1, 1999, and before July 14, 2005, shall be constructed in accordance with Standard No. A119.2, as contained in the 1996 edition of the Standards of the American National Standards Institute. Recreational vehicles specified in subdivision (a) of Section 18010 that are manufactured on or after July 14, 2005, shall be constructed in accordance with the NFPA 1192 Standard on Recreational Vehicles. (c) Recreational vehicles specified in subdivision (b) of Section 18010 that are manufactured on or after January 1, 1999, shall be constructed in accordance with Standard No. A119.5, as contained in the 1998 edition of the Standards of the American National Standards Institute. (d) A change in Standard No. A119.2 or A119.5 or in the NFPA 1192 Standard on Recreational Vehicles contained in a new edition of the Standards of the American National Standards Institute shall become operative on the 180th day following the publication date. (e) No recreational vehicle shall be equipped with more than one electrical power supply cord. (f) Any recreational vehicle manufactured on or after January 1, 1999, that is offered for sale, sold, rented, or leased within this state shall bear a label or an insignia indicating the manufacturer’s compliance with the American National Standards Institute or National Fire Protection Association standard specified in subdivision (b) or (c). (g) Any recreational vehicle manufactured prior to January 1, 1999, that is offered for sale, sold, rented, or leased within this state shall bear a label or an insignia of approval indicating the manufacturer’s compliance with the American National Standards Institute standard or a department insignia issued prior to January 1, 1999, indicating compliance with the state standard that was in effect pursuant to this chapter on the date of manufacture, including any modifications contained in regulations. (h) It is unlawful for any person to do either of the following: (1) Remove, or cause to be removed, a label, an insignia, or an insignia of approval affixed pursuant to this section. (2) Alter or convert, or cause to be altered or converted, any recreational vehicle in a manner that is inconsistent with ANSI Standard No. A119.2 or A119.5 or the NFPA 1192 Standard on Recreational Vehicles when the recreational vehicle is used, occupied, sold, or offered for sale within this state. (Amended by Stats. 2006, Ch. 890, Sec. 7. Effective January 1, 2007.)
  158. 18027.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Truck campers must have a manufacturer’s serial or identification number; manufacturers may not make one without it, and retailers may not sell a new one without it.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18027.5. (a) It shall be unlawful to manufacture a truck camper as defined in Section 18010, unless the truck camper has a manufacturer’s serial or identification number legibly stamped onto or permanently affixed to the interior and exterior of the truck camper. (b) No retailer shall sell any new truck camper unless the truck camper has a manufacturer’s serial or identification number as required in subdivision (a). (Added by Stats. 1981, Ch. 975, Sec. 3.)
  159. 18028.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may adopt construction regulations for certain commercial modulars and related housing types, and municipalities may not prohibit use of commercial modulars with a valid insignia.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18028. (a) The department may adopt regulations regarding the construction of commercial modulars and special purpose commercial modulars, other than mobile food facilities subject to Article 11 (commencing with Section 114250) of Chapter 4 of Part 7 of Division 104, and of multifamily manufactured homes, manufactured homes, and mobilehomes that are not subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Sec. 5401 et seq.) that the department determines are reasonably necessary to protect the health and safety of the occupants and the public. (b) Requirements for the construction, alteration, or conversion of commercial modulars shall be those contained, with reasonably necessary additions or deletions, as adopted by department regulations, in all of the following: (1) The 1991 Edition of the Uniform Building Code, published by the International Conference of Building Officials. (2) The 1993 Edition of the National Electrical Code, published by the National Fire Protection Association. (3) The 1991 Edition of the Uniform Mechanical Code, published jointly by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. (4) The 1991 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials. (c) (1) The department shall, on or after January 1, 2008, adopt regulations for the construction, alteration, or conversion of commercial modulars based on Parts 2, 3, 4, 5, 6, and 11 of the California Building Standards Code, as contained in Title 24 of the California Code of Regulations, with appropriate additions, deletions, and other implementing provisions. The regulations adopted under this paragraph shall be placed within Title 25 of the California Code of Regulations. (2) The requirements promulgated by the department pursuant to this section shall apply only to the construction, alteration, and conversion of commercial modulars, and not to the use or operation of commercial modulars. (d) A municipality shall not prohibit the use of commercial modulars that bear a valid insignia, based on the date the insignia was issued. (Amended by Stats. 2011, Ch. 239, Sec. 2. (SB 562) Effective January 1, 2012.)
  160. 18028.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section says Section 17920.9 and related regulations apply to certain foam building systems used in commercial coaches, manufactured homes, and mobilehomes, with a separate rule for homes subject to the 1974 federal Act.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18028.5. (a) The provisions of Section 17920.9, and the rules and regulations adopted pursuant thereto, shall be applicable to the sale, offering for sale, or use in the construction of commercial coaches and of manufactured homes and mobilehomes which are not subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.), of any foam building system, and to any such mobilehome or commercial coach in which that system is used as a component. (b) All manufactured homes, including mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.). (Amended by Stats. 1981, Ch. 975, Sec. 10.)
  161. 18029.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Altering certain manufactured housing systems is unlawful unless the altered performance complies with this chapter and department regulations. The department may also adopt regulations, and failing to file required alteration/conversion applications can trigger double or 10-times fees.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18029. (a) It is unlawful for any person to alter or convert, or cause to be altered or converted, the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, multifamily manufactured home, special purpose commercial modular, or commercial modular that bears a department insignia of approval or federal label when the manufactured home, mobilehome, multifamily manufactured home, special purpose commercial modular, or commercial modular is used, occupied, sold, or offered for sale within this state, unless its performance as altered or converted is in compliance with this chapter and applicable regulations adopted by the department. The department may adopt regulations providing requirements for alterations and conversions described in this section. (b) (1) Any person required by this chapter or the regulations adopted pursuant to this chapter to file an application for an alteration or conversion who fails to file that application shall pay double the application fee prescribed for the alteration or conversion by this chapter or by regulations adopted pursuant to this chapter. (2) Any person found for a second or subsequent time within a five-year period to have failed to file an application for alteration or conversion or causing the failure to file an application for alteration or conversion for a manufactured home, mobilehome, multifamily manufactured home, special purpose commercial modular, or commercial modular shall pay 10 times the application fee prescribed in this chapter or by the regulations adopted pursuant to this chapter. (Amended by Stats. 2008, Ch. 664, Sec. 15. Effective January 1, 2009.)
  162. 18029.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A person may do certain utility-upgrade-related alterations or conversions to a manufactured home or mobilehome without filing an application, and the department must inspect covered alterations or conversions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18029.1. (a) Notwithstanding Section 18029, a person may, without filing an application for an alteration or conversion required by this chapter, alter or convert, or cause to be altered or converted, the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home or mobilehome in order to extend a gas line or electrical feeder line, or both, from a utility-owned service line to the electrical subpanel or gas inlet of the manufactured home or mobilehome only for the purpose of a natural gas or electric service utility upgrade, or both, within a mobilehome park that is subject to or consistent with the requirements of Public Utilities Commission Decision 14-03-021 (March 13, 2014). (b) Notwithstanding Section 18029, if, at the time that natural gas or electric service is connected to a manufactured home or mobilehome as part of a natural gas or electric service utility upgrade, or both, within a mobilehome park that is subject to or consistent with the requirements of Public Utilities Commission Decision 14-03-021 (March 13, 2014), a defect in the manufactured home or mobilehome relating to the heat-producing or electrical systems or installations or equipment is found, the heat-producing or electrical systems or installations or equipment may be repaired or replaced without filing an application for an alteration or conversion required by this chapter if the repair or replacement is necessary to correct the defect, is made promptly, and is approved by the department. (c) The department shall inspect any alteration or conversion described in subdivision (a) or (b) to ensure that any health and safety standards set forth in this part or Part 2.1 (commencing with Section 18200), or any rules and regulations adopted pursuant to those parts, that are consistent with the mission set out in Public Utilities Commission Decision 14-03-021 (March 13, 2014) are met. (Added by Stats. 2015, Ch. 581, Sec. 1. (AB 682) Effective October 8, 2015.)
  163. 18029.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Certain commercial coaches and special purpose commercial coach units must comply with this part and related regulations; mobile food preparation units must also meet Article 12 requirements, and Article 12 controls if there is a conflict.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18029.3. (a) Any manufactured home, mobilehome, vehicle, or transportable structure manufactured, remanufactured, altered, used, or converted for use as a commercial coach or special purpose commercial coach shall comply with this part and the regulations adopted pursuant to this part relating to insignia and inspection requirements, construction, fire safety, electrical, heating, mechanical, plumbing, occupancy, and energy conservation. (b) Special purpose commercial coach mobile food preparation units shall also meet the requirements of Article 12 (commencing with Section 114285) of Chapter 4 of Part 7 of Division 104 and the regulations implementing, interpreting, and clarifying that article, as enforced by the State Department of Health Services, which shall supersede the requirements in this part and the regulations adopted pursuant to this part in the event of a conflict. (Amended by Stats. 2002, Ch. 713, Sec. 2. Effective January 1, 2003.)
  164. 18029.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Special purpose commercial coaches used as modules in permanently constructed buildings must comply with the construction standards for commercial coaches.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18029.4. Any special purpose commercial coach which is designed, manufactured, remanufactured, altered, used, or converted for use as a module of a permanently constructed building shall comply with the construction standards applicable to commercial coaches. (Added by Stats. 1987, Ch. 707, Sec. 6.)
  165. 18029.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may make fire-safety rules for certain manufactured housing. Local chief fire officials must report each manufactured home or mobilehome fire to the State Fire Marshal, and the State Fire Marshal must compile an annual statewide report and send a copy to the department.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18029.5. (a) The department may adopt rules and regulations, which it determines to be reasonably consistent with generally recognized fire protection standards, governing conditions relating to the prevention of fire or for the protection of life and property against fire in manufactured homes, mobilehomes, special purpose commercial coaches, and commercial coaches. All manufactured homes and mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Sec. 5401, et seq.). (b) The chief fire official of every city, county, city and county, fire protection district, or other local fire protection agency shall file a report on each manufactured home and mobilehome fire occurring within his or her jurisdiction with the State Fire Marshal. The report shall be made on forms provided by the State Fire Marshal. (c) The State Fire Marshal shall annually compile a statistical report on all manufactured home and mobilehome fires occurring within this state and shall furnish the department with a copy of the report. The annual report shall include, but need not be limited to, the number of manufactured home and mobilehome fires, the causes of the fires, the monetary loss, and any casualties or fatalities resulting from the fires. (Amended by Stats. 1998, Ch. 293, Sec. 9. Effective January 1, 1999.)
  166. 18029.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Used manufactured homes sold or rented after January 1, 2020 must have operable smoke alarms in sleeping rooms, and the lessor or transferor may use a signed declaration within 45 days to satisfy the requirement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18029.6. (a) (1) Beginning January 1, 2020, all used manufactured homes, used mobilehomes, and used multifamily manufactured homes that are sold on or after January 1, 2020, or rented pursuant to a rental agreement entered into on or after January 1, 2020, shall have a smoke alarm installed in each room designed for sleeping that is operable on the date of rental or transfer of title. Each smoke alarm shall be installed in accordance with the manufacturer’s installation instructions and have been approved and listed by the Office of the State Fire Marshal pursuant to Section 13114. (2) The smoke alarm manufacturer’s information describing the operation, method and frequency of testing, and proper maintenance of all smoke alarms installed in the used manufactured home, used mobilehome, or used multifamily manufactured home shall be provided to the purchaser or renter of the used manufactured home, used mobilehome, or used multifamily manufactured home. (b) The requirements of subdivision (a) shall be deemed satisfied if, within 45 days prior to the date of rental or of transfer of title, the lessor or the transferor signs a declaration stating that each smoke alarm in the manufactured home, mobilehome, or multifamily manufactured home is installed pursuant to subdivision (a) and is operable on the date the declaration is signed. (c) The department may adopt rules and regulations to clarify or implement this section. (d) For sales of manufactured homes or mobilehomes installed on real property pursuant to subdivision (a) of Section 18551, as to real estate agents licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, the real estate licensee liability provisions of subdivisions (e), (f), and (g) of Section 13113.8 shall apply to the disclosures required by this section. (Amended by Stats. 2019, Ch. 299, Sec. 1. (AB 338) Effective January 1, 2020.)
  167. 18030.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may recognize out-of-state standards by regulation and may contract with approved third-party entities to help enforce the rules for certain commercial coaches.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18030. (a) If the department determines that standards for commercial coaches and special purpose commercial coaches prescribed by the statutes or regulations of another state are at least equal to the standards prescribed by the department, the department may so provide by regulation. Thereafter, any commercial coaches or special purpose commercial coaches which that other state has approved as meeting its standards shall be deemed to meet the standards of the department, if the department determines that the standards of the other state are actually being enforced. (b) In lieu of the procedure set forth in subdivision (a), the department may contract with approved third-party entities for enforcement of the applicable provisions of this part for commercial coaches or special purpose commercial coaches manufactured outside this state for sale within this state. Third-party entities may apply to the department for enforcement authority pursuant to this subdivision by providing evidence to the satisfaction of the department that they satisfy all of the following criteria: (1) They are independent and free from conflict of interest, have the ability to enforce this part, and shall enforce this part without an actual conflict of interest or any appearance of a conflict of interest. (2) They are adequately staffed with qualified personnel who can, and shall, implement all provisions of the contract, including monitoring, reporting, and enforcement. (3) They have the authority, through contract or otherwise, and the ability to obtain correction of defects detected or reported as a result of their enforcement activities. (4) They meet any other conditions of operation that the department may reasonably incorporate into the contract. (c) If the department enters into a contract authorized by subdivision (b), the department may require cancellation clauses, fees, personnel résumés, reports, or other reasonable information or documents deemed necessary to ensure that subdivision (b) and this part are adequately enforced. (Amended by Stats. 1998, Ch. 293, Sec. 10. Effective January 1, 1999.)
  168. 18030.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Units that meet this chapter’s standards do not have to comply with local rules that conflict with those standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18030.5. A manufactured home, mobilehome, recreational vehicle, commercial coach, or special purpose commercial coach which meets the standards prescribed by this chapter, and the regulations adopted pursuant thereto, shall not be required to comply with any local ordinances or regulations prescribing requirements in conflict with the standards prescribed in this chapter. (Amended by Stats. 1987, Ch. 707, Sec. 7.)
  169. 18031.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may set a fee schedule by rule, and the fees collected must be deposited into the Mobilehome-Manufactured Home Revolving Fund.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18031. The department, by rules and regulations, may establish a schedule of fees to pay the costs of work related to administration and enforcement of this part. The fees collected shall be deposited in the Mobilehome-Manufactured Home Revolving Fund. (Amended by Stats. 1983, Ch. 1076, Sec. 25.)
  170. 18031.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department must adopt fireplace-installation regulations for manufactured homes, mobilehomes, and commercial coaches, and units built on or after June 15, 1976 with fireplaces must meet the federal manufactured housing safety standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18031.5. Nothing in this part or any other provision of law shall be construed to prohibit the installation of fireplaces in manufactured homes and mobilehomes. The department shall adopt any regulations for the installation of fireplaces in manufactured homes, mobilehomes, or commercial coaches which it may determine are reasonably necessary in order to protect the health and safety of the occupants and to assure that an installation does not impair the efficiency of the primary heating or cooling system of the manufactured home, mobilehome, or commercial coach. All manufactured homes, mobilehomes, and commercial coaches manufactured on or after June 15, 1976, which contain fireplaces, shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., Sec. 5401, et seq.). (Amended by Stats. 1983, Ch. 1076, Sec. 26.)
  171. 18031.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section limits certain manufactured-home water-heater replacement rules and requires seismic bracing, anchoring, or strapping for specified fuel-gas water heaters, along with labels, declarations, and department rules.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18031.7. (a) Nothing in this part shall prohibit the replacement of water heaters in manufactured homes or mobilehomes with fuel-gas-burning water heaters not specifically listed for use in a manufactured home or mobilehome or from having hot water supplied from an approved source within the manufactured home or mobilehome, or in the garage, in accordance with this part or Part 2.1 (commencing with Section 18200). (b) Nothing in this part shall prohibit the replacement of appliances for comfort heating in manufactured homes, mobilehomes, or multifamily manufactured homes with fuel-gas appliances for comfort heating not specifically listed for use in a manufactured home or mobilehome within the manufactured home, mobilehome, or multifamily manufactured home in accordance with this part, Part 2.1 (commencing with Section 18200), or Part 2.3 (commencing with Section 18860). (c) Replacement fuel-gas-burning water heaters shall be listed for residential use and installed within the specifications of that listing to include tiedown or bracing to prevent overturning. (d) Replacement fuel-gas-burning water heaters installed in accordance with subdivision (c) shall bear a label permanently affixed in a visible location adjacent to the fuel gas inlet which reads, as applicable: WARNING This appliance is approved only for use with natural gas (NG). ORWARNING This appliance is approved only for use with liquified petroleum gas (LPG). Lettering on the label shall be black on a red background and not less than 1/4 inch in height except for the word “WARNING” which shall be not less than 1/2 inch in height. (e) (1) All fuel-gas-burning water heater appliances in new manufactured homes or new multifamily manufactured homes installed in the state shall be seismically braced, anchored, or strapped pursuant to paragraph (3) and shall be completed before or at the time of installation of the homes. (2) Any replacement fuel-gas-burning water heater appliances installed in existing mobilehomes, existing manufactured homes, or existing multifamily manufactured homes that are offered for sale, rent, or lease shall be seismically braced, anchored, or strapped pursuant to paragraph (3). (3) On or before July 1, 2009, the department shall promulgate rules and regulations that include standards for water heater seismic bracing, anchoring, or strapping. These standards shall be substantially in accordance with either the guidelines developed pursuant to Section 19215 or the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), and shall be applicable statewide. (4) The dealer, or manufacturer acting as a dealer, responsible, as part of the purchase contract, for both the sale and installation of any home subject to this subdivision shall ensure all water heaters are seismically braced, anchored, or strapped in compliance with this subdivision prior to completion of installation. (5) In the event of a sale of a home, pursuant to either paragraph (1) of subdivision (e) of Section 18035 or Section 18035.26, the homeowner or contractor responsible for the installation of the home shall ensure all fuel-gas-burning water heater appliances are seismically braced, anchored, or strapped consistent with the requirements of paragraph (3). This requirement shall be satisfied when the homeowner or responsible contractor signs a declaration stating each fuel-gas-burning water heater is secured as required by this section on the date the declaration is signed. (f) All used mobilehomes, used manufactured homes, and used multifamily manufactured homes that are sold shall, on or before the date of transfer of title, have the fuel-gas-burning water heater appliance or appliances seismically braced, anchored, or strapped consistent with the requirements of paragraph (3) of subdivision (e). This requirement shall be satisfied if, within 45 days prior to the transfer of title, the transferor signs a declaration stating that each water heater appliance in the used mobilehome, used manufactured home, or used multifamily manufactured home is secured pursuant to paragraph (3) of subdivision (e) on the date the declaration is signed. (g) For sales of manufactured homes or mobilehomes installed on real property pursuant to subdivision (a) of Section 18551, as to real estate agents licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, the real estate licensee duty provisions of Section 8897.5 of the Government Code shall apply to this section. (Amended by Stats. 2009, Ch. 632, Sec. 3. (SB 251) Effective January 1, 2010.)
  172. 18031.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section says replacement fuel gas burning ovens, ranges, or clothes dryers may be installed in manufactured homes or mobilehomes, and the replacements must be listed for residential use, installed to the listing specifications, and labeled as required.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18031.8. (a) Nothing in this part or the regulations promulgated thereunder shall prohibit the replacement in manufactured homes or mobilehomes of ovens, ranges, or clothes dryers with fuel gas burning ovens, ranges, or clothes dryers not specifically listed for use in a manufactured home or mobilehome. (b) Replacement fuel gas burning ovens, ranges, or clothes dryers shall be listed for residential use and installed in accordance with the specifications of that listing to include tiedown and bracing to prevent displacement. (c) Replacement fuel gas burning ovens, ranges, or clothes dryers installed in accordance with subdivision (b) shall bear a label in compliance with subdivision (c) of Section 18031.7. (Added by Stats. 1993, Ch. 244, Sec. 1. Effective January 1, 1994.)
  173. 18032.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Manufacturers must label certain new manufactured homes or mobilehomes before retail display, dealers may not sell or deliver unlabeled homes, and unauthorized removal or alteration of the label is a misdemeanor, with listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18032. (a) The manufacturer of any new manufactured home or mobilehome manufactured on or after January 1, 1977, shall affix a label to the manufactured home or mobilehome, if the manufactured home or mobilehome is to be displayed for retail sale in this state. The label shall include the following information about the manufactured home or mobilehome: (1) Make, model, and serial or identification number. (2) Final assembly point. (3) Name and location of dealer to whom delivered. (4) Name of city or unincorporated area at which delivered. (5) Manufacturer’s suggested retail price which shall include the price of the following: (A) The basic manufactured home or mobilehome unit. (B) Extra construction features and materials. (C) Total price of the manufactured home or mobilehome. (D) A statement of whether the price includes or excludes the towbar, wheels, wheel hubs, and axles. (b) A dealer may not display a manufactured home or mobilehome for sale or deliver a manufactured home or mobilehome manufactured on or after January 1, 1977, in this state which does not contain the label required by subdivision (a). (c) Except as otherwise provided in subdivisions (d) and (e), the removal or alteration of any label required by this section from the manufactured home or mobilehome by anyone except the retail purchaser is a misdemeanor. (d) The label required by this section may be removed by any person after the manufactured home or mobilehome is affixed to a foundation system. (e) The label required by this section may be removed by any person after the manufactured home or mobilehome has been installed as a display model within a designated model center, along with an enclosed vehicle garage or carport, within a mobilehome park or subdivision. For the purposes of this subdivision, “designated model center” means a display of two or more new manufactured homes or new mobilehomes located within close proximity of each other that are used for the purpose of selling similar models within a mobilehome park or subdivision and those new manufactured homes or mobilehomes that are on display are installed pursuant to Section 18613. (f) If a label required by this section has been removed pursuant to subdivision (e) , the dealer shall provide the buyer or potential buyer of the new manufactured home or new mobilehome with all of the information required by subdivision (a), except for the manufacturer’s suggested retail price. The dealer shall display a total price for the new manufactured home or new mobilehome along with either the vehicle garage or carport and any other manufactured home or mobilehome accessory building or structure or manufactured home or mobilehome accessory as defined in Section 18008.5 that is included in the total purchase price. (Amended by Stats. 1992, Ch. 857, Sec. 1. Effective January 1, 1993.)
  174. 18032.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department must develop and implement cost-effective energy efficiency standards for manufactured housing, and enforce them.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18032.5. (a) The Legislature hereby finds and declares all of the following: (1) California’s energy efficiency standards for new residential buildings have provided significant savings to homeowners and renters. (2) As a result of past federal preemption of the field and the exemption of manufactured homes from building standards under California law, California’s energy efficiency residential building standards have not been applied to manufactured housing. (3) The Energy Policy Act of 1992 (P.L. 102-486) authorizes the Secretary of the United States Department of Housing and Urban Development to adopt regulations establishing thermal insulation and energy efficiency standards for manufactured housing. If the secretary has not issued, within one year after October 24, 1992, the date of the enactment of the act, final regulations that establish standards that take effect before January 1, 1995, states may establish specified energy efficiency standards for manufactured housing. (4) The 1992–93 California Energy Plan, endorsed by the Governor, recommends that the federal government adopt significantly more stringent, cost-effective energy efficiency standards for manufactured housing, or, in the alternative, allow states to adopt these standards. (5) It is in the interest of this state to participate in any federal rulemaking proceeding establishing energy efficiency standards for manufactured housing, and, in the absence of timely final federal regulations, it is in the interest of this state to adopt its own energy efficiency standards for manufactured housing as authorized under federal law. (b) The Department of Housing and Community Development, in consultation with the State Energy Resources Conservation and Development Commission, shall develop and implement cost-effective energy efficiency standards for manufactured housing, to take effect before January 1, 1995. These standards shall include, but are not limited to, lighting, insulation, climate control systems, and other design and construction features that increase efficiency in energy use for manufactured housing. The standards shall be cost-effective when taken in their entirety, and when amortized over the economic life of the structure. The department shall have responsibility for enforcing the standards. The standards shall be developed in consultation with members of the manufactured housing industry. (c) This section shall become operative only if the Secretary of the United States Department of Housing and Urban Development does not issue, on or before October 24, 1993, final regulations that establish thermal insulation and energy efficiency standards for manufactured housing that take effect before January 1, 1995. If the secretary does issue those final regulations, this section shall remain in effect only until January 1, 1995, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1995, deletes or extends that date. (Added by Stats. 1993, Ch. 1159, Sec. 1. Effective January 1, 1994. Section conditionally operative by its own provisions. Repealed conditionally on January 1, 1995, by its own provisions.)
  175. 18033.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Loft areas excluded from gross floor area must meet detailed size, access, safety, exit, smoke detector, and electrical requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18033. Each loft area excluded from the gross floor area pursuant to Section 18009.3 shall comply with all of the following requirements: (a) A loft ceiling shall be a minimum of 54 inches above the loft floor for not less than 50 percent of the total loft ceiling area, or 50 inches above the loft floor for not less than 70 percent of the total loft ceiling area. The ceiling height shall be measured from the highest point of the finished floor of the loft area to the finished ceiling. (b) The floor of the loft area is designed to withstand at least 30 pounds per square foot live load. (c) The combined floor area of all loft areas shall not exceed 50 percent of the total gross floor area of the unit. (d) Each loft shall be accessed only by use of a stairway and not a ladder or any other means. The stairway shall be constructed as follows: (1) The stairs shall have a maximum rise of nine inches and a minimum tread of seven and one-quarter inches. The riser shall be an open-type riser design. The riser height and the tread run shall be allowed a maximum variation of one-quarter inch between each step. The stairway width shall be a minimum of 22 inches as measured along the step tread. (2) The stairs shall be capable of supporting 50 pounds per square foot. (3) Each stairway serving a loft shall be provided with a handrail not less than 34 inches in height as measured horizontally from the nose of the step tread. The stairway handrail must be designed to withstand a 20-pound load per lineal foot applied horizontally at right angles to the top rail. The handrail shall be continuous the full length of the stairs. (4) The handgrip portion of the handrail shall not be less than one and one-quarter inches nor more than two inches in cross-sectional dimension, or the shape shall provide an equivalent gripping surface. The handgrip portion of the handrail shall have a smooth surface with no sharp corners. The handrail projection from a wall or other similar surface shall have a space of not less than one and one-half inches between the wall and the handrail. Handrails installed on the open side of stairways shall have intermediate rails or an ornamental pattern installed as specified in paragraph (1) of subdivision (e). (e) Each loft area shall have guardrails located at open areas and at the open side of the stairway. The guardrail shall comply with all of the following: (1) Guardrails shall have intermediate rails or an ornamental pattern so that a sphere four inches in diameter cannot pass through, except that triangular openings at the open side of a stairway may be of a size that a sphere six inches in diameter cannot pass through. (2) Guardrails shall be capable of supporting a load of 20 pounds per lineal foot applied horizontally at right angles at the top of the rail. (3) The guard rail shall be a minimum of 34 inches in height as measured from the finished floor covering of the loft area to the top of the rail. (f) Each loft area shall have a minimum of two exits complying with ANSI Standard A119.5 Recreational Park Trailers, Chapter 3, one of which may be the stairway. Each alternate exit shall comply with both of the following: (1) Lead directly to the exterior of the park trailer. (2) The location of each alternate exit shall meet all requirements for access, operation, size markings, and identification as specified in ANSI Standard A119.5 Recreational Park Trailers, Chapter 3, for alternate exits. (g) The loft area shall be provided with light and ventilation consistent with ANSI Standard A119.5 Recreational Park Trailers, Chapter 3. In addition to the smoke detector or detectors to serve the main floor, an additional smoke detector shall be installed in each loft area and shall comply with the requirements in ANSI Standard A119.5 Recreational Park Trailers, Chapter 3. (h) The following electrical requirements shall be followed: (1) At least one recessed light fixture shall be installed over the stairway. Each recessed light over a stairway shall be operated by a three-way switch with one switch located at the main floor and one switch located in the loft area. Both light switches shall be located immediately adjacent to each stairway. Additional lighting in the loft area shall only be of the recessed type. (2) Wiring methods and receptacle placement shall be installed per the requirements in ANSI Standard A119.5 Recreational Park Trailers, Chapter 1. (Added by Stats. 2001, Ch. 490, Sec. 2. Effective January 1, 2002.)
  176. 18033.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section lets certain older park trailers with lofts count as compliant if they meet listed timing, notice, and safety requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18033.1. (a) The Legislature finds and declares that certain park trailer units with lofts that do not comply with Section 18009.3, as amended in 2001, and Section 18033 were designed and manufactured for residential occupancy in the lofts, and were sold and occupied in this state prior to January 3, 2001. On or about January 3, 2001, the department issued an information bulletin informing local government building code enforcement agencies, park trailer manufacturers and dealerships, and other interested parties that, in fact, many of these park trailers did not comply with applicable standards with respect to the lofts and related areas and therefore were not recreational vehicles or park trailers, as defined by this part. (b) (1) In order to ensure reasonable standards of public safety while avoiding undue hardship to purchasers of park trailers with lofts that are in substantial compliance with Section 18009.3, as amended in 2001, and Section 18033, park trailers with lofts shall be deemed to comply with those sections if there is compliance with all of the following requirements of this subdivision and subdivision (c): (A) They were manufactured prior to January 3, 2001, and sold prior to June 3, 2001. (B) The notices described in subdivision (c) are provided as specified in subdivision (c). (2) For purposes of this subdivision, “substantial compliance” shall require being constructed and maintained in a manner consistent with Section 18009.3, as amended in 2001, and Section 18033, except for the following: (A) Notwithstanding Section 18009.3, as amended in 2001, and Section 18033, ceilings of lofts shall be a minimum height of 50 inches above the loft floor for not less than 70 percent of the total loft ceiling area. One exit window shall be provided in all lofts used for human habitation, providing an unobstructed opening of at least 484 square inches, with a minimum dimension of 22 inches in any direction. The window shall be located on a wall or roof located opposite the access stairs to the loft area. (B) Notwithstanding Section 18009.3, as amended in 2001, and Section 18033, stairs serving as access to or egress from lofts shall not be required to comply with the provisions for rise and run as described in paragraph (1) of subdivision (c) of Section 18009.3 if the stairs are provided with a complying handrail as provided in paragraph (4) of subdivision (c) of Section 18009.3. (c) For purposes of being deemed in compliance pursuant to this section, a park trailer with one or more lofts shall comply with the following paragraphs: (1) Within 24 inches of the opening of each loft, a permanent label shall be posted conspicuously, which states, in letters not less than one-half inch in height and in a color contrasting with the sign’s background and wall color, the following: “NOTICE: THIS LOFT AREA AND THE STAIRS DO NOT COMPLY WITH CODES IN EFFECT ON JANUARY 1, 2002, AND MAY BE DIFFICULT TO EXIT FROM IN THE EVENT OF A FIRE.” (2) The manufacturer of each park trailer subject to this section shall, to the extent feasible, mail the purchaser of the park trailer a written notice entitled, in bold 16-point type, the following: “WARNING: LOFT AREAS AND STAIRS IN YOUR PARK TRAILER DO NOT COMPLY WITH STANDARDS IN EFFECT ON OR AFTER JANUARY 1, 2002. EXTRA CARE MAY BE REQUIRED TO EXIT FROM A LOFT IN THE EVENT OF A FIRE.” This notice also shall set forth the provisions of this section and shall provide the name, address, and telephone number of a person to whom the owner may address questions. (3) If the owner rents or otherwise provides for consideration the park trailer subject to this section, the owner shall provide a written notice to the occupant that provides, in bold 16-point type, the following: “WARNING: LOFT AREAS AND STAIRS IN YOUR PARK TRAILER DO NOT COMPLY WITH STANDARDS IN EFFECT ON OR AFTER JANUARY 1, 2002. EXTRA CARE MAY BE REQUIRED TO EXIT FROM A LOFT IN THE EVENT OF A FIRE.” (d) If the lofts and stairs of any park trailer do not comply with the requirements of this section, Section 18009.3, as amended in 2001, and Section 18033, the park trailer shall be deemed not in substantial compliance with this section, the loft area may not be used for human habitation but only for storage, and the loft area shall comply with the signage requirements prescribed by subdivision (b) of Section 18009.3. (Added by Stats. 2001, Ch. 490, Sec. 3. Effective January 1, 2002.)
  177. 18034.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Dealers and salespersons meeting the stated conditions do not need a mortgage loan originator license.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 4. Standards [18025 - 18034] ( Chapter 4 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18034. (a) A dealer, as defined in Section 18002.6, or a salesperson, as defined in Section 18013, is not required to be licensed as a mortgage loan originator under the provisions of state law that implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289), if the dealer or salesperson performs only administrative or clerical tasks on behalf of a person meeting the definition of a mortgage loan originator, and if the dealer or salesperson does not accept compensation from a lender, mortgage loan originator, or from any agent of any lender or mortgage loan originator. (b) For purposes of this section, the term “administrative and clerical tasks” means the receipt, collection, and distribution of information common for the processing or underwriting of a loan in the mortgage industry and communication with a consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan. (Added by Stats. 2009, Ch. 160, Sec. 85. (SB 36) Effective October 11, 2009.)
  178. 18035.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section requires dealers to use escrow, get the buyer’s signature on sale documents, and deposit buyer funds into escrow for manufactured home or mobilehome transactions covered by the section.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035. (a) (1) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome subject to registration under this part, the dealer shall execute in writing and obtain the buyer’s signature on a purchase order, conditional sale contract, or other document evidencing the purchase contemporaneous with, or prior to, the receipt of any cash or cash equivalent from the buyer, shall establish an escrow account with an escrow agent, and shall cause to be deposited into that escrow account any cash or cash equivalent received at any time prior to the close of escrow as a deposit, downpayment, or whole or partial payment for the manufactured home or mobilehome or accessory thereto. Checks, money orders, or similar payments toward the purchase shall be made payable only to the escrow agent. (2) The downpayment, or whole or partial payment, shall include an amount designated as a deposit, which may be less than, or equal to, the total amount placed in escrow, and shall be subject to subdivision (f). The parties shall provide for escrow instructions that identify the fixed amounts of the deposit, downpayment, and balance due prior to closing consistent with the amounts set forth in the purchase documents and receipt for deposit if one is required by Section 18035.1. The deposits shall be made by the dealer within five working days of receipt, one of which shall be the day of receipt. (3) For purposes of this section, “cash equivalent” means any property, other than cash. If an item of cash equivalent is, due to its size, incapable of physical delivery to the escrowholder, the property may be held by the dealer for the purchaser until close of escrow and, if the property has been registered with the department or the Department of Motor Vehicles, its registration certificate and, if available, its certificate of title shall be delivered to the escrowholder. (b) For every transaction by or through a dealer to sell or lease with the option to buy a new manufactured home or mobilehome subject to registration under this part, the escrow instructions shall provide all of the following: (1) That the original manufacturer’s certificate of origin be placed in escrow. (2) (A) That, in the alternative, either of the following shall occur: (i) The lien of any inventory creditor on the manufactured home or mobilehome shall be satisfied by payment from the escrow account. (ii) The inventory creditor shall consent in writing to other than full payment. (B) For purposes of this paragraph, “inventory creditor” includes any person who is identified as a creditor on the manufacturer’s certificate of origin or any person who places the original certificate of origin in escrow and claims in writing to the escrow agent to have a purchase money security interest in the manufactured home or mobilehome, as contemplated by Section 9103 of the Commercial Code. (3) That the escrow agent shall obtain from the manufacturer a true and correct facsimile of the copy of the certificate of origin retained by the manufacturer pursuant to Section 18093. (c) For every transaction by or through a dealer to sell or lease with the option to buy a used manufactured home or mobilehome subject to registration under this part, the escrow instructions shall provide: (1) That the current registration card, all copies of the registration cards held by junior lienholders, and the certificate of title be placed in escrow. (2) That, in the alternative, either of the following shall occur: (A) (i) The registered owner shall acknowledge in writing the amount of the commission to be received by the dealer for the sale of the manufactured home or mobilehome, and (ii) the registered owner shall release all of its ownership interests in the manufactured home or mobilehome either contemporaneously upon the payment of a specified amount from the escrow account or at the close of the escrow where the buyer has executed a security agreement approved by the registered owner covering the unpaid balance of the purchase price. (B) (i) The dealer shall declare in writing that the manufactured home or mobilehome is its inventory, (ii) the registered owner shall acknowledge in writing that the purchase price relating to the sale of the manufactured home or mobilehome to the dealer for resale has been paid in full by the dealer, (iii) the current certificate of title shall be appropriately executed by the registered owner to reflect the release of all of its ownership interests, and (iv) the dealer shall release all of its ownership interests in the manufactured home or mobilehome either contemporaneously upon the payment of a specified amount from the escrow account or at the close of escrow where the buyer has executed a security agreement approved by the dealer covering the unpaid balance of the purchase price. (3) That, in the alternative, the legal owner and each junior lienholder, respectively, shall do either of the following: (A) Release his or her security interest or transfer its security interest to a designated third party contemporaneously upon the payment of a specified amount from the escrow account. (B) Advise the escrow agent in writing that the new buyer or the buyer’s stated designee shall be approved as the new registered owner upon the execution by the buyer of a formal assumption of the indebtedness secured by his or her lien approved by the creditor at or before the close of escrow. (d) For every transaction by or through a dealer to sell or lease with the option to buy a used manufactured home or mobilehome subject to registration under this part: (1) The dealer shall present the buyer’s offer to purchase the manufactured home or mobilehome to the seller in written form signed by the buyer. The seller, upon accepting the offer to purchase, shall sign and date the form. Copies of the fully executed form shall be presented to both the buyer and seller, with the original copy retained by the dealer. Any portion of the form that reflects the commission charged by the dealer to the seller need not be disclosed to the buyer. (2) The escrow agent, upon receipt of notification from the dealer that the seller has accepted the buyer’s offer to purchase and receipt of mutually endorsed escrow instructions, shall, within three working days, prepare a notice of escrow opening on the form prescribed by the department and forward the completed form to the department with appropriate fees. If the escrow is canceled for any reason before closing, the escrow agent shall prepare a notice of escrow cancellation on the form prescribed by the department and forward the completed form to the department. (3) (A) The escrow agent shall forward to the legal owner and each junior lienholder at their addresses shown on the current registration card a written demand for a lien status report, as contemplated by Section 18035.5, and a written demand for either an executed statement of conditional lien release or an executed statement of anticipated formal assumption, and shall enclose blank copies of a statement of conditional lien release and a statement of anticipated formal assumption on forms prescribed by the department. The statement of conditional lien release shall include, among other things, both of the following: (i) A statement of the dollar amount or other conditions required by the creditor in order to release or transfer its lien. (ii) The creditor’s release or transfer of the lien in the manufactured home or mobilehome contingent upon the satisfaction of those conditions. (B) The statement of anticipated formal assumption shall include, among other things, both of the following: (i) A statement of the creditor’s belief that the buyer will formally assume the indebtedness secured by its lien pursuant to terms and conditions which are acceptable to the creditor at or before the close of escrow. (ii) The creditor’s approval of the buyer or his or her designee as the registered owner upon the execution of the formal assumption. (4) Within five days of the receipt of the written demand and documents required by paragraph (3), the legal owner or junior lienholder shall complete and execute either the statement of conditional lien release or, if the creditor has elected to consent to a formal assumption requested by a qualified buyer, the statement of anticipated formal assumption, as appropriate, and prepare the lien status report and forward the documents to the escrow agent by first-class mail. If the creditor is the legal owner, the certificate of title in an unexecuted form shall accompany the documents. If the creditor is a junior lienholder, the creditor’s copy of the current registration card in an unexecuted form shall accompany the documents. (5) If either of the following events occurs, any statement of conditional lien release or statement of anticipated formal assumption executed by the creditor shall become inoperative, and the escrow agent shall thereupon return the form and the certificate of title or the copy of the current registration card, as appropriate, to the creditor by first-class mail: (A) The conditions required in order for the creditor to release or transfer his or her lien are not satisfied before the end of the escrow period agreed upon in writing between the buyer and the seller or, if applicable, before the end of any extended escrow period as permitted by subdivision (g). (B) The registered owner advises the creditor not to accept any satisfaction of his or her lien or not to permit any formal assumption of the indebtedness and the creditor or registered owner advises the escrow agent in writing accordingly. (6) If a creditor willfully fails to comply with the requirements of paragraph (4) within 21 days of the receipt of the written demand and documents required by paragraph (3), the creditor shall forfeit to the escrow agent three hundred dollars ($300), except where the creditor has reasonable cause for noncompliance. The three hundred dollars ($300) shall be credited to the seller, unless otherwise provided in the escrow instructions. Any penalty paid by a creditor under this paragraph shall preclude any civil liability for noncompliance with Section 18035.5 relating to the same act or omission. (e) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome, the escrow instructions shall specify one of the following: (1) Upon the buyer receiving delivery of an installed manufactured home or mobilehome on the site and the manufactured home or mobilehome passing inspection pursuant to Section 18613 or after the manufactured home or mobilehome has been delivered to the location specified in the escrow instructions when the installation is to be performed by the buyer, all funds in the escrow account, other than escrow fees and amounts for accessories not yet delivered, shall be disbursed. If mutually agreed upon between buyer and dealer, the escrow instructions may specify that funds be disbursed to a government agency for the payment of fees and permits required as a precondition for an installation acceptance or certificate of occupancy, and the information that may be acceptable to the escrow agent. (2) Upon the buyer receiving delivery of an installed manufactured home or mobilehome not subject to the provisions of Section 18613 with delivery requirements as mutually agreed to and set forth in the sales documents, all funds in the escrow account, other than escrow fees, shall be disbursed. (f) Upon receiving written notice from a party to the escrow of a dispute, the escrow agent shall inform the party of his or her right to hold funds in escrow by submitting a written request to hold funds in escrow. Upon receipt by the escrow agent of a party’s written request to hold funds in escrow, all funds denoted as deposit shall be held in escrow until a release is signed by the disputing party, or pursuant to new written escrow instructions signed by the parties involved, or pursuant to a final order for payment or division by a court of competent jurisdiction. Any other funds, other than escrow fees, shall be returned to the buyer or any person, other than the dealer or seller, as appropriate. At the opening of escrow, the escrow agent shall give notice of the right to request that funds be held in escrow pursuant to this subdivision. (g) Escrow shall be for a period of time mutually agreed upon, in writing, by the buyer and the seller. However, the parties may, by mutual consent, extend the time, in writing, with notice to the escrow agent. (h) No dealer or seller shall establish with an escrow agent any escrow account in an escrow company in which the dealer or seller has more than a 5-percent ownership interest. (i) The escrow instructions may provide for the proration of any local property tax due or to become due on the manufactured home or mobilehome, and if the tax, or the license fee imposed pursuant to Section 18115, or the registration fee imposed pursuant to Section 18114, is delinquent, the instructions may provide for the payment of the taxes or fees, or both, and any applicable penalties. (j) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome that is subject to inspection pursuant to Section 18613, and for which it is stated, on the face of the document certifying or approving occupancy or installation, that the issuance of the document is conditioned upon the payment of a fee, charge, dedication, or other requirement levied pursuant to Section 53080 of the Government Code, the escrow instructions shall provide that the payment of that fee, charge, dedication, or other requirement be made to the appropriate school district upon the close of escrow. (k) No agreement shall contain any provision by which the buyer waives his or her rights under this section, and any waiver shall be deemed contrary to public policy and shall be void and unenforceable. (l) If a portion of the amount in the escrow is for accessories, then that portion of the amount shall not be released until the accessories are actually installed. (m) Upon opening escrow on a used manufactured home or mobilehome which is subject to local property taxation, and subject to registration under this part, the escrow officer may forward to the tax collector of the county in which 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 office of 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 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 date of issuance, an additional conditional tax clearance certificate or a tax clearance certificate shall be completed which has a final due date of at least 30 days beyond the date of issuance. (2) If the tax collector on which 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 may be accepted by the department in lieu of a conditional tax clearance certificate or a tax clearance certificate, as prescribed by subdivision (a) of Section 18092.7, and the transfer of ownership 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. (n) This section creates a civil cause of action against a buyer or dealer or other seller who violates this section, and upon prevailing, the plaintiff in the action shall be awarded actual damages, plus an amount not in excess of two thousand dollars ($2,000). In addition, attorney’s fees and court costs shall also be awarded a plaintiff who prevails in the action. (Amended by Stats. 2007, Ch. 543, Sec. 1. Effective January 1, 2008.)
  179. 18035.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    For dealer sales or lease-option transactions involving new or used manufactured homes or mobilehomes, the dealer and purchaser must sign a receipt for deposit, the dealer must give the purchaser a copy, and the dealer must keep a copy for at least three years.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.1. (a) As a part of the documents executed for every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome, the dealer and purchaser shall sign a receipt for deposit, a copy of which shall be provided to the purchaser and a copy shall be retained by the dealer for not less than three years. It shall state at least the following in type not less than 6-point type size: (1) A statement that the purchaser shall receive a copy of the purchase contract and receipt for deposit. (2) A statement that all portions of the purchase documents and receipt for deposit shall be completed prior to obtaining the purchaser’s signature. (3) A statement of the specific amounts of the deposit, downpayment, or other category of funds required to be placed in escrow prior to closing, and a warning that the deposit may be withheld in escrow in case of a dispute between the purchaser and the dealer. (4) A statement that the amounts of the deposit and downpayment shall be agreed upon by the purchaser and dealer and shall have been entered on the purchase documents and receipt of deposit prior to the purchaser’s signing. (5) Sections 18035, 18035.1, and 18035.3 of this code and Section 1797.3 of the Civil Code reprinted in their entirety. (6) A statement that any oral promises or commitments that have been made are not binding unless they appear in writing on the purchase documents. (7) A warning that a warranty document complying with Section 1797.3 of the Civil Code shall be provided to the purchaser of a new manufactured home or mobilehome immediately after signing the purchase documents. (8) A statement that the terms and duration of any other warranty, not required by law, offered by the dealer shall be in writing. (9) A statement that, if the purchaser has any complaints with respect to sales practices, delivery, warranty, or other matters related to the manufactured home or mobilehome, he or she may seek administrative relief from the department or legal relief in a court of competent jurisdiction. (10) A statement that the sale will not be complete until the escrow for the sale closes. (b) For the sale of a manufactured home or mobilehome not subject to registration by the department, the dealer shall provide a statement of fact, in type not less than 6-point type size, containing the information specified in paragraphs (6), (7), (8), (9), and (10) of subdivision (a) as part of the purchase documents. (c) Where the sale of a new or used manufactured home or mobilehome subject to registration under this part does not involve a dealer, the department, by regulation, may require the seller and buyer to execute a receipt for deposit containing whatever information of the nature described in this section, the department deems appropriate. (Amended by Stats. 1996, Ch. 799, Sec. 9. Effective January 1, 1997.)
  180. 18035.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Dealers selling certain manufactured homes must use written purchase documents, set up escrow, and follow specific escrow instruction rules.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.2. (a) For every sale by a dealer of a new or used manufactured home or mobilehome to be installed on a foundation system pursuant to subdivision (a) of Section 18551, the dealer shall execute in writing and obtain the buyer’s signature on a purchase order, conditional sale contract, or other document evidencing the purchase, and provide a statement of fact complying with subdivision (b) of Section 18035.1, contemporaneous with or prior to the receipt of any cash or cash equivalent from the buyer and shall establish an escrow account with an escrow agent. The escrow shall not be subject to Section 18035. The parties shall provide for escrow instructions that identify the fixed amounts of the deposit and balances due prior to closing, consistent with the amounts set forth in the document evidencing the purchase and related services. Escrow disbursements and closing shall be consistent with the mutually agreed terms and conditions of the documents evidencing the purchase and related services. Disbursements of funds from escrow prior to delivery and installation of the unit, any accessory structures, and related services shall only be as mutually agreed upon in writing by the dealer and buyer. (b) For every sale by a dealer of a new manufactured home or mobilehome installed or to be installed on a foundation system pursuant to subdivision (a) of Section 18551, the escrow instructions shall provide all of the following: (1) That the original manufacturer’s certificate of origin be placed in escrow. (2) That, in the alternative: (A) The lien of any inventory creditor on the manufactured home or mobilehome shall be satisfied by payment from the escrow account. (B) That the inventory creditor shall consent in writing to other than full payment. For purposes of this paragraph, “inventory creditor” includes any person who is identified as a creditor on the manufacturer’s certificate of origin or any person who places the original certificate of origin in escrow and claims in writing to the escrow agent to have a purchase money security interest in the manufactured home or mobilehome as contemplated by Section 9103 of the Commercial Code. (3) That the escrow agent shall obtain from the manufacturer a true and correct facsimile of the copy of the certificate of origin retained by the manufacturer pursuant to Section 18093. (c) For every sale by a dealer of a new or used manufactured home or mobilehome that is subject to inspection pursuant to subdivision (a) of Section 18551, and for which it is stated, on the face of the document certifying or approving occupancy, that the issuance of the document is conditioned upon the payment of a fee, charge, dedication, or other requirement levied pursuant to Section 17620 of the Education Code, the escrow instructions shall provide that the payment of that fee, charge, dedication, or other requirement be made to the appropriate school district upon the close of escrow. (Amended by Stats. 2002, Ch. 713, Sec. 4. Effective January 1, 2003.)
  181. 18035.25.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A dealer may face disciplinary action if the dealer fails to correct installation defects in a manufactured home or mobilehome installed by a licensed contractor the dealer certified to the purchaser. It is not a criminal offense. Any accusation must be filed within three years of the act or omission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.25. Notwithstanding any other provision of this part to the contrary, it is a ground for disciplinary action, and not a criminal offense, for a dealer to fail to correct, or cause to be corrected, any defects in the installation of a manufactured home or mobilehome performed by a licensed contractor whom the dealer had certified to the purchaser as the installation contractor pursuant to subdivision (c) of Section 7027 of the Business and Professions Code. Any accusation filed against a licensee for a violation of this section shall be filed within three years after the occurrence of the act or omission alleged as the ground for disciplinary action. (Added by Stats. 1986, Ch. 851, Sec. 2.)
  182. 18035.26.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section applies to certain manufactured-home sales and requires escrow, document, delivery, and reporting steps before the sale is complete.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.26. (a) Notwithstanding any other provision of law, the requirements of this section apply only to the sale of a new or used manufactured home or multiunit manufactured housing or used mobilehome sold by a dealer and to be installed by the buyer on a foundation system pursuant to subdivision (a) of Section 18551. (b) The sale shall be deemed complete at the close of escrow. Escrow shall be deemed closed when all of the following have been completed: (1) The following document is executed: ## Declaration of Delivery Sale The undersigned purchaser hereby declares that he/she is agreeing to a delivery sale wherein he/she intends to actually and physically install the subject home described below, or accept responsibility for engaging the services of a licensed contractor to perform that installation. Additionally, the purchaser hereby declares that he/she understands that most manufacturers’ warranties do not cover defects caused by improper site preparation or installation. The purchaser takes full responsibility for the proper storage, including blocking of the home and protection from the elements, prior to the completion of the installation. It is strongly recommended that, before entering into this agreement, the purchaser has ensured that the home described below will be installed pursuant to subdivision (a) of Section 18551 of the Health and Safety Code (see reverse side) and the manufacturer’s installation instructions. Additionally, the purchaser should make certain that he/she can meet all permit and fee requirements, including school development fees, most of which may be financed, for the installation of the subject home. ## Warranty Expiration Notwithstanding Section 1797 of the Civil Code, in order to provide reasonable time for the installation of your home, the manufacturer’s warranty, when applicable, will expire one year after either the issuance of a certificate of occupancy or 120 days from the close of escrow, whichever occurs first. Name of Escrow Company: __________; Escrow Number: ______ Manufacturer’s Name: _____________; Serial Number: ______ Dealer’s Name: ___________________; Address where purchaser will accept delivery: __________; Address where purchaser intends to install home: ________ (NOTE: An original copy of this document must be deposited with the above named escrow agent as a condition precedent to the preparation of escrow instructions. Upon close of escrow, the escrow agency shall submit a copy of the original document to the department along with documents required to report the sale; the original document shall be retained by the escrow agent. Additionally, a copy of the original document shall be sent to the manufacturer.) WARNING: This is an important document. Do not sign unless you have read and understood the above declaration. Purchaser’s Printed Name:_____ Purchaser’s Signature:_____ Date:____ Purchaser’s Printed Name:_____ Purchaser’s Signature:_____ Date:____ (Section 18551 of the Health and Safety Code shall be reprinted on the reverse side of this document.) (2) All funds in the escrow account, other than escrow fees, amounts for accessories not yet delivered, and any other amounts mutually agreed to by the dealer and buyer are disbursed. (3) The buyer takes delivery of the manufactured home, mobilehome, or multiunit manufactured housing. For the purpose of this section, taking delivery occurs upon the transfer of the home to the buyer at a location mutually agreed upon and as specified in the purchase agreement and the escrow instructions. (c) The warranty period pursuant to Chapter 3 (commencing with Section 1797) of the Civil Code shall expire one year after either 120 days after the close of escrow or upon the issuance of the certificate of occupancy, whichever occurs first. (d) All sales subject to this section shall meet the escrow requirements of Section 18035.2 and the reporting requirements of Section 18080.5. An escrow agent shall not create an escrow instruction wherein a purchaser accepts responsibility for the installation of a manufactured home unless and until the escrow agent is in receipt of the declaration specified in subdivision (a). An escrow instruction created before the receipt of the declaration is null and void and unenforceable. (e) The report of sale and any related required documents shall be filed with the department within 10 calendar days of the close of escrow. The department shall designate its record as “pending installation” for the unit until the certificate of occupancy is issued and the recorded HCD 433A and applicable fees are received from the enforcement agency. Only at this time shall the record be amended to designate the foundation type to be a permanent foundation pursuant to subdivision (a) of Section 18551 and the department’s record cancelled. (Added by Stats. 2006, Ch. 80, Sec. 1. Effective January 1, 2007.)
  183. 18035.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Dealers selling new or used manufactured homes or mobilehomes must include specified disclosures and notices in the purchase paperwork.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.3. (a) For every sale by a dealer of a new or used manufactured home or mobilehome, either the purchase order, conditional sale contract, or other document evidencing the purchase thereof, or any attachment to a purchase document signed and dated by the purchaser, shall contain all of the following: (1) A description of the manufactured home or mobilehome, a description and the cash price of each accessory, structure, or service included with the purchase, and the total cash price for the purchase. The statement shall also state whether the purchase price includes or excludes the towbar, wheels, wheel hubs, tires, and axles and, if they are not included in the purchase price, the price of each shall be listed. (2) The amount, if any, charged by the dealer for documentary preparation and, if a documentary preparation charge is imposed, a notice advising the purchaser that the charge is not a governmental fee. (3) A notice in type no smaller than 8-point that complaints concerning the purchase shall be referred to the dealer and, if the complaint is not resolved, may be referred to the Department of Housing and Community Development, Division of Codes and Standards, Occupational Licensing. The notice shall contain the current address and telephone number of the department. (4) A notice, in at least 10-point boldface type reading as follows: (A) Do NOT sign the purchase agreement before you read it or if it contains any blank spaces to be filled in. (B) You are entitled to a completely filled-in copy of that agreement and, if purchasing a manufactured home or mobilehome covered by a warranty, a copy of the warranty. (5) The name, business address, and contractor’s license number of the licensed contractor whom the dealer certifies as performing the installation of the manufactured home or mobilehome pursuant to subdivision (c) of Section 7026.2 of the Business and Professions Code. (6) The disclosures required by this subdivision need not be contained in the same document. (b) A failure to disclose pursuant to this section shall not be the basis for rescission of a conditional sales contract. (c) Notwithstanding any other provision of this part to the contrary, a failure to provide the disclosures specified in paragraph (5) of subdivision (a) is a ground for disciplinary action and not a criminal offense. (d) If the dealer is also licensed as a real estate broker, the sale of a manufactured home or mobilehome being installed on a foundation system pursuant to Section 18551 may be included in the purchase document for the underlying real property, if the requirements of this section are met. (Amended by Stats. 1998, Ch. 689, Sec. 11. Effective January 1, 1999.)
  184. 18035.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section says Sections 18035, 18035.1, and 18035.2 do not apply to certain sales of manufactured homes or mobilehomes made to government entities.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.4. Sections 18035, 18035.1, and 18035.2 shall not apply to the sale of manufactured homes or mobilehomes to: (a) The federal government. (b) The state. (c) Any agency or political subdivision of the state. (d) Any city, county, or city and county. (Added by Stats. 1987, Ch. 1339, Sec. 3.)
  185. 18035.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A secured party must give an entitled person, on written demand, copies of the contract/security documents and a detailed written statement; it may first ask for reasonable proof and may charge up to $50.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18035.5. (a) As used in this section: (1) “Secured party” means a legal owner or junior lienholder. (2) “Entitled party” means a registered owner or any person holding a security interest or other lien or encumbrance which is subordinate to the security interest of the secured party or an escrow agent in conjunction with an escrow involving the sale or transfer of an interest in a manufactured home, mobilehome, or commercial coach subject to registration under this part. (b) A secured party shall, on the written demand of an entitled person, or the authorized agent of the entitled person, prepare and deliver to the person demanding it, a true, correct, and complete copy of the conditional sale contract or the promissory note and security agreement and any subsequent modification thereto, and a written statement indicating all of the following: (1) The amount of the unpaid balance of the obligation owing to the secured party and the interest rate, together with the total amounts, if any, of all overdue installments of either principal or interest, or both. (2) The amounts of periodic payments, if any. (3) The date on which the obligation is due in whole or in part. (4) The date to which taxes and special assessments have been paid to the extent that information is known to the secured party. (5) The amount of hazard insurance in effect and the term and premium of that insurance to the extent that information is known to the secured party. (6) The amount in an account, if any, maintained for the accumulation of funds with which to pay taxes and insurance premiums. (7) The nature and, if known, the amount of any additional charges, costs, or expenses paid or incurred by the secured party which have become a lien on the manufactured home, mobilehome, or commercial coach involved. (8) If applicable, a statement indicating that subsequently incurred obligations will be secured by the manufactured home, mobilehome, or commercial coach and, if there is a maximum amount that may thereafter become secured, the maximum amount that may thereafter become secured. (c) The secured party may, before delivering a statement, require reasonable proof that the person making the demand is, in fact, an entitled person, in which event the secured party shall not be subject to the penalties of this section until 21 days after receipt of the proof herein provided for. A statement in writing signed by the entitled person appointing an authorized agent when delivered personally to the secured party or delivered by registered return receipt mail shall constitute reasonable proof as to the identity of an agent. Similar delivery of a policy of title insurance, preliminary report issued by a title company, original or photographic copy of a sales agreement covering the manufactured home, mobilehome, or commercial coach or certified copy of letters testamentary, guardianship, or conservatorship shall constitute reasonable proof as to the identity of a successor in interest, provided the person demanding a statement is named as successor in interest in the document. (d) Delivery of the statement by the secured party, as herein referred to, shall mean depositing or causing to be deposited in the United States mail an envelope, with postage prepaid, containing a copy of the statement, addressed to the person whose name and address is set forth in the demand therefor. (e) If a secured party for a period of 21 days after receipt of the written demand willfully fails to prepare and deliver the statement, the secured party is liable to the entitled person for all damages which may be sustained by reason of the refusal and, whether or not actual damages are sustained, the secured party shall forfeit to the entitled person the sum of three hundred dollars ($300). Each such failure to prepare and deliver such a statement, occurring at a time when, pursuant to this section, the secured party is required to prepare and deliver the statement, creates a separate cause of action, but a judgment awarding an entitled person such forfeiture, or damages and forfeiture, for any such failure to prepare and deliver a statement bars recovery of such damages and forfeiture for any other failure to prepare and deliver a statement, with respect to the same obligation, in compliance with a demand therefor made within six months before or after the demand as to which the award was made. (f) If the secured party has more than one branch, office, or other place of business, then the demand shall be made to the branch or office at which the payments of the obligation are made, and the statement, unless it specifies otherwise, shall be deemed to apply only to the unpaid balance owing to or payable at that branch office or place of business. (g) The secured party may make a charge not to exceed fifty dollars ($50) for furnishing the required statement, whether or not the security agreement covering the manufactured home, mobilehome, or commercial coach so provides. (Repealed and added by Stats. 1983, Ch. 1124, Sec. 21. Operative July 1, 1984, by Sec. 57 of Ch. 1124.)
  186. 18036.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    If a buyer of a manufactured home or mobilehome cannot get third-party financing within 30 days, and the seller knew the buyer planned to use outside financing without the seller’s help, the contract is treated as rescinded.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18036. In the event a buyer of a manufactured home or mobilehome obligates himself or herself to purchase, or receive possession of, a manufactured home or mobilehome pursuant to a contract or purchase order, and the seller knows that the buyer intends to obtain financing from a third party without the assistance of the seller, and the buyer is unable to obtain the financing within 30 days of the execution of the contract or purchase order, the contract or purchase order shall be deemed rescinded and all consideration thereupon, other than escrow fees, shall be returned by the respective parties without demand. (Amended by Stats. 1983, Ch. 1076, Sec. 27.)
  187. 18036.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    A seller’s manufactured-home contract must include required Regulation Z disclosures, and the section limits who can recover, when suits can be filed, and how liability is capped.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18036.5. (a) As used in this section: (1) “Act” means the federal Truth in Lending Act, as amended (15 U.S.C., Sec. 1601, et seq.). (2) “Regulation Z” means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System under the act and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the act to issue these interpretations or approvals. (b) A conditional sale contract relating to a new or used manufactured home or mobilehome subject to registration under this part shall contain all the disclosures required by Regulation Z if Regulation Z otherwise applies to the transaction. Any disclosure violation corrected pursuant to subdivision (d) shall not be the basis of any recovery by the buyer. (c) With respect to a violation which is not corrected as provided in subdivision (d), the seller shall be liable to the buyer in an amount equal to the sum of: (1) Any actual damage sustained by such person as a result of the failure; (2) (A) In the case of an individual action twice the amount of any finance charge in connection with the transaction, except that the liability under this subparagraph shall not be less than one hundred dollars ($100) or greater than one thousand dollars ($1,000); or (B) In the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same seller shall not be more than the lesser of five hundred thousand dollars ($500,000) or 1 per cent of the net worth of the seller; and (3) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the seller, the resources of the seller, the number of persons adversely affected, and the extent to which the seller’s failure of compliance was intentional. In connection with the disclosures referred to in Section 128 of the act, a seller shall have a liability determined under paragraph (2) of this subdivision only for failing to comply with the requirements of paragraph (2) (insofar as it requires a disclosure of the “amount financed”), (3), (4), (5), (6), or (9) of Section 128(a) of the act. With respect to any failure to make disclosures required under this section, liability shall be imposed only upon the seller required to make disclosure, except as provided in subdivision (k). (d) A seller or assignee has no liability under this section for any failure to comply with any requirement imposed under this section if within 60 days after discovering an error, whether through the seller’s or assignee’s own procedures or pursuant to procedures permissible under the act, and prior to the institution of an action under this section or the receipt of written notice of the error from the buyer, the seller or assignee notifies the buyer concerned of the error and makes whatever adjustments as are necessary to assure that the buyer will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower. (e) A seller or assignee may not be held liable in any action brought under this section if the seller or assignee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors, except that an error of legal judgment with respect to a person’s obligations under this section is not a bona fide error. (f) When there are multiple buyers in a transaction, there shall be no more than one recovery of damages under paragraph (2) of subdivision (c). (g) Any action under this section may be brought within one year from the date of the occurrence of the violation. This subdivision does not bar a person from asserting a violation of this section in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by law. No action may be brought under this section if an action relating to the transaction or a defense thereto has been brought or asserted under the act. (h) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Board of Governors of the Federal Reserve System or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board of Governors of the Federal Reserve System to issue such interpretations or approvals under such procedures as the Board of Governors of the Federal Reserve System may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded or determined by judicial or other authority to be invalid for any reason. (i) The multiple failure to disclose to any person any information required under this section shall entitle the buyer to a single recovery. (j) A buyer may not take any action to offset any amount for which a seller or assignee is potentially liable to such buyer under paragraph (2) of subdivision (c) against any amount owed by such buyer, unless the amount of the seller’s or assignee’s liability under this section has been determined by judgment of a court of competent jurisdiction in an action to which such buyer was a party. This subdivision does not bar a buyer then in default on the obligation from asserting a violation of this section as an original action, or as a defense or counterclaim to an action to collect amounts owed by the buyer brought by a person liable under this title. (k) Except as otherwise specifically provided in this section, any civil action for a violation of this section which may be brought against a seller may be maintained against any assignee of such seller only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, provided, however, that no civil action may be brought against such assignee for such violation if the assignment was involuntary. For purposes of this section, a violation apparent on the face of the disclosure statement includes, but is not limited to, (1) a disclosure which can be determined to be incomplete or inaccurate from the face of the disclosure statement or other documents assigned, or (2) a disclosure which does not use the terms required to be used in Regulation Z. ( l) In any action or proceeding by or against any assignee of the seller without knowledge to the contrary by the assignee when the assignee acquires the obligation, written acknowledgment of receipt by a buyer to whom disclosures are required to be given pursuant to this section shall be conclusive proof of the delivery thereof and, except as provided in subdivision (k), of compliance with this section. This subdivision does not affect the rights of the buyer in any action against the original seller. (m) No final judgment shall be entered in an action brought pursuant to this section in favor of a buyer until the later of (1) the expiration of one year after the occurrence of the violation, or (2) the entry of judgment in an action for the violation brought under Section 130 of the act and filed within such one-year period. A buyer who has recovered any amount by way of judgment, settlement, or otherwise under Section 130 or 131 of the act shall not be entitled to any damages or other relief for the violation under this section. (Amended by Stats. 1983, Ch. 1124, Sec. 22. Operative July 1, 1984, by Sec. 57 of Ch. 1124.)
  188. 18037.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    A contract holder covered by this section is subject to the buyer’s defenses, the assignee’s liability is capped at the debt owing at assignment, and the assignee has recourse against the seller, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18037. Notwithstanding any agreement to the contrary, the holder of a conditional sale contract for which Regulation Z disclosures are required pursuant to Section 18036.5 is subject to all equities and defenses of the buyer against the seller, except as provided by Section 18036.5. However, the assignee’s liability may not exceed the amount of the debt owing to the assignee at the time of assignment. The assignee shall have recourse against the seller to the extent of any liability incurred by the assignee pursuant to this section whether the assignment was with or without recourse except to the extent of any written agreement between the seller and assignee which expressly references this section and modifies its effect. (Amended by Stats. 1983, Ch. 1124, Sec. 23. Operative July 1, 1984, by Sec. 57 of Ch. 1124.)
  189. 18037.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    A foreclosing creditor must follow this section’s notice and sale procedures before foreclosing on covered manufactured-home collateral.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18037.5. (a) In the event of default under the provisions of any security agreement relating to a loan or conditional sale contract which, according to its terms, gives the secured party the right to foreclose its security interest in a manufactured home, mobilehome, truck camper, or floating home subject to registration under this part which is not inventory of a dealer, including the right to repossess the property, notwithstanding any contrary provisions in the security agreement or conditional sale contract or in any other agreement entered into prior to default, the secured party may foreclose its security interest only by satisfying the requirements of this section. (1) Unless the registered owner of the manufactured home, mobilehome, truck camper, or floating home has abandoned the property or has voluntarily surrendered possession of the property to the foreclosing creditor, the foreclosing creditor shall deposit or cause to be deposited in the United States mail an envelope addressed to each registered owner as shown on the current registration of the manufactured home, mobilehome, truck camper, or floating home, registered or certified with postage prepaid, containing a notice in substantially the following form and in at least 10-point type, which notice shall be signed by the foreclosing creditor: NOTICE OF DEFAULT To: _____ (names of all registered owners) _____ You (if the registered owner is not the person who is in default, substitute name of defaulting person(s)) are in default under the terms of the _____ (identify security agreement by title or caption and date) _____ in that _____ (describe default) _____ . This default gives the creditor named below the right to sell your manufactured home, mobilehome, truck camper, or floating home which is registered with the Department of Housing and Community Development under registration number(s) _____ (give registration number(s)) _____ , located at _____ (give location of property as shown on current registration) _____ unless the default is promptly cured. You may cure the default by _____ (describe conditions _____ _____ precedent to reinstatement required to cure default) _____ or by entirely repaying the outstanding secured indebtedness on or before (state final date available for cure, which date shall be no earlier than 45 days after mailing of the notice) To cure the default you may also be required to reimburse the creditor for its reasonable attorney’s fees and legal expenses and for any other sums to which the creditor may have become entitled under the terms of your credit agreement after the date of this notice. You may entirely repay the outstanding obligation by paying the creditor (state dollar amount required to obtain release of security interest, and if the amount may increase due to passage of time, state that fact) plus any amount necessary to reimburse the creditor for its reasonable attorney’s fees and legal expenses and any other sums to which the creditor may have become entitled after the date of this notice under the terms of your agreement. (2) Within five days following the mailing of the notice of default required by paragraph (1), the foreclosing creditor shall forward a copy thereof to the legal owner shown on the current registration card, if different than the foreclosing creditor, and to each junior lienholder shown on the current registration card, if different than the foreclosing creditor, and, effective July 1, 1985, to the department. The notice shall be forwarded to each party in the same manner as provided for mailing the original notice to the registered owner. (3) In the event of default under the provisions of any security agreement relating to a loan or conditional sale contract which, according to its terms, gives the secured party the right to foreclose its security interest in a manufactured home, mobilehome, truck camper, or floating home, each registered owner and each junior lienholder having a security interest which is subordinate to the security interest of the foreclosing creditor shall have the right to cure the default by the methods and in the manner prescribed in the notice within 45 days after mailing of the notice to the registered owner required by paragraph (1). (4) If the default is not cured within the time indicated on the notice required by paragraph (1), or if the property has been abandoned by the registered owner or voluntarily surrendered by the registered owner to the foreclosing creditor, the creditor may proceed to sell the property at private or public sale pursuant to the provisions of Section 9610 of the Commercial Code, except as provided in paragraph (5) and subdivision (c). The notice of sale required by Sections 9610, 9611, 9617, 9618, and 9624 of the Commercial Code shall not be mailed or delivered before expiration of the period for the right to cure the default, as stated in the notice required by paragraph (1), unless the property has been abandoned by the registered owner or voluntarily surrendered by the registered owner to the foreclosing creditor. (5) Notwithstanding any contrary provisions of Sections 9610, 9611, 9615, 9617, 9618, and 9624 of the Commercial Code, the foreclosing creditor shall deposit or cause to be deposited in the United States mail, registered or certified with postage prepaid, an envelope containing the notice of sale addressed to each party to whom the notice of default was mailed pursuant to paragraph (2). The notice of sale shall be given at least 10 days before the date fixed for a public sale or on or after which any private sale is to be made. (6) For purposes of this subdivision, a manufactured home, mobilehome, truck camper, or floating home shall be deemed abandoned if the foreclosing creditor gives written notice of its belief of abandonment to the registered owner as provided in this paragraph and the registered owner fails to give the foreclosing creditor written notice, prior to the appropriate date specified in the foreclosing creditor’s notice, stating that the registered owner has not abandoned and does not intend to abandon the manufactured home, mobilehome, truck camper, or floating home and stating an address at which the registered owner may be served by certified mail with a summons in connection with any legal action which the foreclosing creditor may appropriately initiate. The foreclosing creditor may give a notice of belief of abandonment only where it reasonably believes that the registered owner has abandoned the manufactured home, mobilehome, truck camper, or floating home. The notice of belief of abandonment shall be personally delivered to the registered owner or sent by registered or certified mail, with postage prepaid, to the registered owner at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by the registered owner, to any other address, if any, known to the foreclosing creditor where the registered owner may reasonably be expected to receive the notice. The notice of belief of abandonment shall be in substantially the following form in at least 10-point type: NOTICE OF BELIEF OF ABANDONMENT To: (names of all registered owners) This notice is given pursuant to Section 18037.5 of the Health and Safety Code concerning your manufactured home, mobilehome, truck camper, or floating home located at . (address of manufactured home, mobilehome, truck camper, or floating home as shown on current registration) You (if the registered owner is not the person who is in default, substitute name of defaulting person(s)) are in default under the terms of the (identify security agreement or conditional sale contract by title or caption and date) in that . (describe default) This default gives the foreclosing creditor named below the right to sell your manufactured home, mobilehome, truck camper, or floating home which is registered with the Department of Housing and Community Development under number(s) (give registration number(s)) unless the default is promptly cured. Unless the foreclosing credi­tor receives a written notice from you to the contrary by , (insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) your manufactured home, mobilehome, truck camper, or floating home will be deemed abandoned, which means that the foreclosing creditor may sell your manufactured home, mobilehome, truck camper, or floating home sooner than would otherwise be per­mitted by law. The written notice you must send to the foreclosing creditor shall be sent to (address of foreclosing creditor) and shall state both of the following: 1. Your intent not to abandon the manufactured home, mobilehome, truck camper, or floating home. 2. An address at which you may be served by certified mail with a summons in connection with any legal action which the foreclosing creditor may appropriately initiate. NOTICE OF BELIEF OF ABANDONMENT To: _____ (names of all registered owners) _____ This notice is given pursuant to Section 18037.5 of the Health and Safety Code concerning your manufactured home, mobilehome, truck camper, or floating home located at (address of manufactured home, mobilehome, truck camper, or floating home as shown on current registration) You (if the registered owner is not the person who is in default, substitute name of defaulting person(s)) are in default under the terms of the (identify security agreement or conditional sale contract by title or caption and date) in that (describe default). This default gives the foreclosing creditor named below the right to sell your manufactured home, mobilehome, truck camper, or floating home which is registered with the Department of Housing and Community Development under number(s) _____ (give registration number(s)) _____ unless the default is promptly cured. Unless the foreclosing creditor receives a written notice from you to the contrary by , (insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) your manufactured home, mobilehome, truck camper, or floating home will be deemed abandoned, which means that the foreclosing creditor may sell your manufactured home, mobilehome, truck camper, or floating home sooner than would otherwise be per­mitted by law. The written notice you must send to the foreclosing creditor shall be sent to _____ (address of foreclosing creditor) _____ and shall state both of the following: 1. Your intent not to abandon the manufactured home, mobilehome, truck camper, or floating home. 2. An address at which you may be served by certified mail with a summons in connection with any legal action which the foreclosing creditor may appropriately initiate. (name of foreclosing creditor) (signature of foreclosing creditor) (b) In the event of default under the provisions of any security agreement relating to a loan or a conditional sale contract in which the collateral is a manufactured home, mobilehome, truck camper, or floating home subject to registration under this part which is inventory of a dealer or a commercial coach, the secured party may repossess and dispose of the collateral in accordance with the provisions of the security agreement or conditional sale contract and applicable law, including the provisions of Division 9 (commencing with Section 9101) of the Commercial Code. Upon repossession of a manufactured home, mobilehome, truck camper, or floating home subject to registration under this part which is inventory of a dealer or a commercial coach subject to registration under this part, the secured creditor shall prepare and forward to the department a notice of repossession on the form prescribed by the department. (c) The proceeds of the sale of a manufactured home, mobilehome, commercial coach, truck camper, or floating home shall be applied, in the following order, to: (1) The reasonable and necessary expenses incurred for preparing for and conducting the sale and, if the foreclosing creditor has obtained possession of the collateral prior to the disposition, the reasonable and necessary expenses for the retaking and holding of the collateral and to the extent provided for in the agreement and not prohibited by law, reasonable attorney’s fees and legal expenses incurred by the foreclosing creditor in retaking the property from any person not a party to the credit contract. (2) The satisfaction of the indebtedness secured by the security interest of the foreclosing creditor under which the disposition is made. (3) The satisfaction of indebtedness secured by any subordinate liens or encumbrances on the property in the order of their priority as provided in Section 18105, if with respect to a junior creditor written notification of demand therefor is received before distribution of the proceeds is completed, and to the satisfaction of any subordinate attachment lien or execution lien pursuant to subdivision (b) of Section 701.040 of the Code of Civil Procedure if notice of the levy of attachment or execution is received before distribution of the proceeds is completed. If requested by the foreclosing creditor, the holder of a subordinate lien or encumbrance shall furnish reasonable proof of his or her interest, and unless it does so, the foreclosing creditor need not comply with its demand. (4) The satisfaction of indebtedness secured by all senior liens or encumbrances in the order of their priority as provided in Section 18105, if with respect to a senior creditor written demand therefor is received by the foreclosing creditor before distribution of the proceeds is completed. If requested by the foreclosing creditor, the holder of a senior lien or encumbrance shall furnish reasonable proof of his or her interest, and unless he or she does so, the foreclosing creditor need not comply with his or her demand. (5) To the registered owner within 45 days after the sale is conducted if a surplus remains. (d) Unless automatically provided to the registered owner within 45 days after the sale of a manufactured home, mobilehome, truck camper, or floating home if a request for an accounting is made within one year of the sale, the foreclosing creditor shall provide to the registered owner a written accounting containing the gross sales proceeds and its allocation pursuant to subdivision (c). In the event any surplus is paid to the registered owner pursuant to paragraph (5) of subdivision (c), the foreclosing creditor shall furnish such an accounting whether or not requested by the registered owner. (Amended by Stats. 1999, Ch. 991, Sec. 49. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  190. 18038.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    The section bars deficiency judgments after the sale of certain manufactured homes and similar homes, with an exception for substantial damage beyond normal wear and tear.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18038.7. No deficiency judgment shall lie in any event, after the sale of any manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration pursuant to this part, for failure of the purchaser to complete his or her sale contract given to the seller to secure payment of the balance of the purchase price of the manufactured home, mobilehome, commercial coach, truck camper, or floating home. This section shall not apply in the event there is substantial damage to the manufactured home, mobilehome, commercial coach, truck camper, or floating home other than wear and tear from normal usage. In addition, no deficiency judgment shall lie in any event under a deed of trust or mortgage or note on a floating home serving as a dwelling for not more than four families given to a lender to secure payment of a loan which was in fact used to pay for all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser. (Amended by Stats. 1991, Ch. 942, Sec. 13.)
  191. 18039.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    An agreement under this chapter may not include a waiver of the buyer’s rights under the chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18039. No agreement entered into pursuant to this chapter shall contain any provision by which the buyer waives his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be void and unenforceable. (Added by Stats. 1981, Ch. 975, Sec. 3.)
  192. 18039.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

    Verify source ↗

    For certain manufactured homes or mobilehomes, notice-of-default and sale procedures are handled under Civil Code Chapter 2, not this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18039.1. Notwithstanding any other provision of law to the contrary, if a manufactured home or mobilehome is affixed to a permanent foundation pursuant to Section 18551, or security for the manufactured home or mobilehome loan includes the real property it is affixed to or installed upon, procedures for notice of default and sale shall be governed by Chapter 2 (commencing with Section 2920) of Title 14 of the Civil Code and shall not be governed by the provisions of this chapter. (Amended by Stats. 1983, Ch. 1076, Sec. 28.)
  193. 18039.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section limits when Chapter 5 applies to certain manufactured-home loans or credit sales, and says those sales or financing arrangements are not subject to two named civil code acts.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 5. Sales and Escrows [18035 - 18039.5] ( Chapter 5 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18039.5. (a) The provisions of this chapter, except Section 18037.5, shall not apply to any loan or credit sale secured by a manufactured home or mobilehome subject to registration under this part unless the loan or credit sale was made under circumstances which required disclosures under Regulation Z, as defined by Section 18036.5. (b) In no respect shall the sale or financing of a manufactured home or mobilehome subject to this chapter and of any goods or services sold in conjunction with the sale of the manufactured home or mobilehome be subject to the Retail Installment Sales Act, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code or the Automobile Sales Finance Act, Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code. (Added by Stats. 1983, Ch. 1124, Sec. 26. Operative July 1, 1984, by Sec. 57 of Ch. 1124.)
  194. 18040.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 6. Multiple Listing Between Dealers of Manufactured Homes, Mobilehomes, or Commercial Coaches [18040 - 18040.5] ( Heading of Chapter 6 amended by Stats. 1983, Ch. 1076, Sec. 29. )

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    A dealer may do multiple listing and related payment arrangements for certain manufactured homes, mobilehomes, or commercial coaches under specified conditions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 6. Multiple Listing Between Dealers of Manufactured Homes, Mobilehomes, or Commercial Coaches [18040 - 18040.5] ( Heading of Chapter 6 amended by Stats. 1983, Ch. 1076, Sec. 29. ) ## 18040. (a) With respect to the sale of any manufactured home, mobilehome, or commercial coach that has not been previously installed on a foundation system pursuant to Section 18551, a dealer may solicit or obtain listings, engage in the multiple listing only with other dealers, or engage in payments only to other dealers or groups of dealers, pursuant to cooperative brokering and referral arrangements or agreements on the sale of only a manufactured home, mobilehome, or commercial coach which has been titled by the department. (b) With respect to the resale of any manufactured home or mobilehome that has not been previously installed on a foundation system pursuant to subdivision (a) of Section 18551, a dealer may solicit or obtain listings, engage in multiple listing, or engage in payments with other dealers, groups of dealers, or with real estate licensees licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code. (Amended by Stats. 1997, Ch. 423, Sec. 1. Effective January 1, 1998.)
  195. 18040.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 6. Multiple Listing Between Dealers of Manufactured Homes, Mobilehomes, or Commercial Coaches [18040 - 18040.5] ( Heading of Chapter 6 amended by Stats. 1983, Ch. 1076, Sec. 29. )

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    The department may suspend or revoke a dealer’s license after notice and hearing if it finds the dealership committed acts or omissions listed in Section 18062.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 6. Multiple Listing Between Dealers of Manufactured Homes, Mobilehomes, or Commercial Coaches [18040 - 18040.5] ( Heading of Chapter 6 amended by Stats. 1983, Ch. 1076, Sec. 29. ) ## 18040.5. The department, after notice and hearing, may suspend or revoke a dealer’s license upon determining that the dealership has committed any of the acts or omissions specified in Section 18062. (Amended by Stats. 1984, Ch. 1528, Sec. 4. Effective September 30, 1984.)
  196. 18045.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    A person may not act as a licensee in this state unless they first obtain a license or temporary permit from the department, and they also may not do so if that license or permit has been canceled, suspended, revoked, invalidated, expired, or if required stipulated-penalty terms have not been fulfilled.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18045. It shall be unlawful for any person to act as a licensee within this state without having first procured a license or temporary permit issued by the department pursuant to this chapter, or when a license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement for a stipulated penalty entered into pursuant to Section 18064.5 have not been fulfilled. (Amended by Stats. 1982, Ch. 1162, Sec. 5.)
  197. 18045.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may not issue certain manufactured housing licenses unless the applicant has an established place of business, and that business must be open to inspection.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18045.5. (a) The department shall not issue a manufacturer, distributor, or dealer license to any applicant therefor who does not have an established place of business. (b) In the case of a dealer or distributor, the established place of business shall have an office located within the State of California. In the case of a manufacturer, the established place of business shall have a manufacturing area defined by department regulations situated on the same property. When a room or rooms in a hotel, roominghouse, apartment house building, or a part of any single-unit or multiple-unit dwelling house is used as an office or offices of an established place of business, the room or rooms shall be devoted exclusively to, and occupied for, the office or offices of the licensee, shall be located on the ground floor, and shall provide a direct entrance into the room or rooms from the exterior of the building. (c) The established place of business shall be open for inspection of the premises, pertinent records, and manufactured homes, mobilehomes, or commercial coaches by any department representative during business hours. If records are kept at a location other than the principal dealer business location, that other location shall be open for inspection of the premises and pertinent records during normal business hours. (Amended by Stats. 2003, Ch. 814, Sec. 4. Effective January 1, 2004.)
  198. 18045.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    Manufacturers, distributors, and dealers must promptly tell the department when their business location changes, and dealers must also post required licenses at the business site.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18045.6. (a) (1) If the manufacturer, distributor, or dealer changes the site or location of his or her established place of business, the manufacturer, distributor, or dealer shall immediately, upon making the change, so notify the department. If a manufacturer, distributor, or dealer for any reason whatsoever, ceases to be in possession of an established place of business from and on which he or she conducts the business for which the manufacturer, distributor, or dealer is licensed, he or she shall immediately notify the department and, upon demand by the department, shall deliver to the department the manufacturer’s, distributor’s, or dealer’s license and all relevant records in his or her possession. (2) The department may place a manufacturer, distributor, or dealer license on an inactive status upon application of the licensee. An inactive license shall remain valid for six months or for the remaining term of the original license, whichever is less. (b) If the dealer changes to, or adds, another franchise for the sale of new manufactured homes, mobilehomes, or commercial coaches, or cancels, or, for any cause whatever, otherwise loses a franchise for the sale of new manufactured homes, mobilehomes, or commercial coaches, he or she shall immediately so notify the department. (c) A dealer’s established place of business shall have posted in a place conspicuous to the public the license issued by the department to the dealer and to each salesperson employed by the dealer. (d) (1) Notwithstanding Section 18050 and this section, a dealer may display manufactured homes, mobilehomes, or commercial coaches at a fair, exposition, or similar exhibit. As used in this section, “mobilehome fair or exposition” means a display of manufactured homes, mobilehomes, or commercial coaches not in a mobilehome park and for which the initial opportunity to display is open to all dealers. The display shall not qualify as a business location or an established place of business for the purposes of procuring or maintaining a dealer’s license. (2) New manufactured homes or mobilehomes, installed pursuant to Section 18613, may also be displayed and sold within a mobilehome park or mobilehome subdivision by dealers. A display home may be used and equipped only for the sale of the displayed home and shall not be used as an established place of business, unless licensed as an established place of business. (3) Dealers and salespersons may negotiate listing agreements for the sale of a used manufactured home or mobilehome which has been titled by the department, and may negotiate and execute offers to purchase and purchase documents for the sale of a new or used manufactured home or mobilehome other than at the established place of business. (e) All manufactured homes, mobilehomes, or commercial coaches displayed pursuant to subdivision (d) shall be identified by a sign or device providing information relating to the dealer’s name and the location and address of the dealer’s established place of business and any other information that is required by the department. (f) The requirements for an office specified in subdivision (b) of Section 18045.5 shall not apply to a display location authorized by subdivision (d), unless licensed as an established place of business. (Amended by Stats. 2012, Ch. 770, Sec. 5. (AB 2697) Effective January 1, 2013.)
  199. 18045.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    The department may issue a temporary permit for a dealer’s office, but the permit is automatically canceled if the applicant does not establish a complying office within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18045.8. (a) Notwithstanding Section 18045.5, for an office at a dealer’s established place of business, the department may issue a temporary permit as provided in Section 18052. (b) When a dealer’s license applicant has satisfied all other requirements for a dealer’s license, as provided in this part and the regulations adopted pursuant thereto, except for the office, and the applicant proposes to purchase a new manufactured home, mobilehome, or commercial coach for use as the required office, the temporary permit shall be canceled automatically if the dealer’s license applicant does not purchase a new manufactured home, mobilehome, or commercial coach and establish it as the required office, or otherwise establish a complying office, within 60 days of the temporary permit issuance date. (Added by Stats. 1986, Ch. 442, Sec. 7.)
  200. 18046.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. )

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    This section defines “agent” and “seller” for manufactured-home sales and requires certain dealers or salespersons to inspect and disclose information to buyers.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2. MANUFACTURED HOUSING [18000 - 18153] ( Heading of Part 2 amended by Stats. 2007, Ch. 540, Sec. 2. ) ## CHAPTER 7. Occupational Licenses [18045 - 18066.5] ( Chapter 7 added by Stats. 1981, Ch. 975, Sec. 3. ) ## ARTICLE 1. General Requirements [18045 - 18046.1] ( Article 1 added by Stats. 1981, Ch. 975, Sec. 3. ) ## 18046. (a) An “agent” for purposes of this section and Section 18025, means a dealer or salesperson licensed pursuant to this part, or a real estate broker or salesperson licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code. (b) A “seller” for the purposes of this section and Section 18025 means the lawful owner of the manufactured home or mobilehome offering the home for sale. For purposes of this section and Section 18025, the exemptions enumerated by Section 1102.2 of the Civil Code shall be applicable to the transfer of a manufactured home or mobilehome. (c) The sale of used manufactured homes or mobilehomes by a real estate broker or salesperson licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code shall be subject to Section 2079 of the Civil Code. (d) It is the duty of a dealer or salesperson, licensed under this chapter, to a prospective buyer of a used manufactured home or mobile home, subject to registration pursuant to this part, to conduct a reasonably competent and diligent visual inspection of the home offered for sale and to disclose to that prospective buyer all facts materially affecting the value or desirability of the home that an investigation would reveal, if that dealer or salesperson has a written contract with the seller to find or obtain a buyer or is a dealer or salesperson who acts in cooperation with others to find and obtain a buyer. Where a transfer disclosure statement is required pursuant to subdivision (b) of Section 1102 of the Civil Code, a dealer or salesperson shall discharge that duty by completing the agent’s portion of the transfer disclosure statement that a seller prepares and delivers to a prospective buyer pursuant to subdivision (b) of Section 1102 of the Civil Code. If no transfer disclosure statement is required, but the transaction is not exempt under Section 1102.2 of the Civil Code, a dealer shall discharge that duty by completing and delivering to the prospective buyer an exact reproduction of Sections III, IV, and V of the transfer disclosure statement required pursuant to subdivision (b) of Section 1102 of the Civil Code. (Amended by Stats. 1999, Ch. 517, Sec. 9. Effective January 1, 2000.)

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