Section 1004 - Local Enforcement(a) Assumption of responsibility for the enforcement of Parts 2.1 and 2.3 of Division 13, of the California Health and Safety Code and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2, relating to enforcement within parks by a city, county, or city and county, shall be by means of an ordinance of the city council or board of supervisors which shall contain the following information and be subject to department approval: (1) Indication of assumption of responsibility for enforcement of the Health and Safety Code, Parts 2.1 and 2.3 of Division 13, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.(2) Name of the agency or agencies delegated enforcement responsibilities.(3) A statement that the designated local enforcement agency will provide qualified personnel necessary to enforce Parts 2.1 and 2.3, of Division 13 of the Health and Safety Code, and the provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2 consistent with those laws and regulations. The statement shall include the total number of personnel assigned to the enforcement program.(4) One copy of any contract, memorandum of understanding, or other document governing delegation of responsibilities and services to a local government agency other than the local government assuming responsibility for Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.(5) Adoption of the applicable schedule of fees contained in the provisions of Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.(A) A statement adopting the state program and objectives as contained in Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.(B) A description of existing parks within the local jurisdiction, including conditions and type of park.(C) Specific local objectives, program plan and timetable designed to achieve enforcement compliance.(6) Effective date of assumption of enforcement.(b) One certified copy of the ordinance shall be forwarded to the Administrative Office of the Division of Codes and Standards, P.O. Box 1407, Sacramento, CA 95812-1407 not less than thirty (30) days before the designated effective date of assumption of enforcement.(c) A statement that the following forms provided by the department will be used: (1) HCD 500A, Application for Permit to Operate;(2) HCD 503B, Annual Permit to Operate;(3) HCD 513B, Manufactured Home or Mobilehome Installation Acceptance;(4) HCD 513C, Certificate of Occupancy.(d) The department shall determine the local agency's knowledge and ability to apply the requirements of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2, and the applicable Health and Safety Code requirements. The department's determination may include, but is not limited to, verification of the local agency's ability and knowledge through performance of activities that may include inspection, records review, and interviews of assigned personnel.(e) Upon completion of the transfer, the new enforcing agency shall notify, in writing, the parks within its jurisdiction of the change in enforcement and the designated department or departments responsible for enforcement and permit issuance.(f) Every enforcement agency shall comply with the verification of eligibility to receive public benefit requirements of Title 25, California Code of Regulations, Division 1, Chapter 5.5, commencing with section 5802, of applicants for permits to operate mobilehome parks or special occupancy parks.(g) Notwithstanding the provisions of section 1005.5 of this article, in order to ensure that the orderly transition of assumption of enforcement occurs when a park, or permanent building within a park, is under construction, the enforcement responsibilities for that construction shall be transferred, as well as all pertinent information pertaining to that construction including, but not limited to, plans, calculations, testing information, inspection reports and correction notices, on the date as determined by the department.(h) The local enforcement agency shall send a copy of each permit to operate it has renewed, within thirty (30) days after renewal to the department's Division of Codes and Standards, at the address designated by the department at the time of assumption.(i) When a local enforcement agency proposes changes in the local division or personnel responsible for enforcing the provisions of this chapter, Chapter 2.2 and sections 18200 through 18874 of the Health and Safety Code, that agency shall notify the department at least thirty (30) days prior to the proposed date of the changes. The department may perform a reevaluation to determine whether the personnel have the required knowledge and ability as required in subsection (d) of this section.(j) When a local enforcement agency changes its address, phone number, or contact person, it shall notify the Administrative Office of the department in writing within thirty (30) days of the change.Cal. Code Regs. Tit. 25, § 1004
1. Repealer of former Section 1004, and renumbering and amendment of former Section 1010 to Section 1004 filed 8-22-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 36).
2. New subsection (e), subsection relettering and amendment of NOTE filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
3. New subsection (e), subsection relettering and amendment of NOTE refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-4-98 order transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
5. Amendment of section and NOTE filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
6. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
7. Editorial correction of HISTORY 6 (Register 2005, No. 33).
8. Amendment of subsection (g) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4). Note: Authority cited: Sections 18300, 18613 and 18865, Health and Safety Code. Reference: Title 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 18207, 18300, 18505, 18506, 18613 and 18865, Health and Safety Code.
1. Repealer of former Section 1004, and renumbering and amendment of former Section 1010 to Section 1004 filed 8-22-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 36).
2. New subsection (e), subsection relettering and amendment of Note filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
3. New subsection (e), subsection relettering and amendment of Note refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-4-98 order transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
5. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
6. Amendmentfiled 7-22-2005; operative 7-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
7. Editorial correction of History 6 (Register 2005, No. 33).
8. Amendment of subsection (g) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).