Chapter 4. Application And Scope of California Health And Safety Code >> Division 13. >> Part 2.3. >> Chapter 4.
(a) This part applies to all parts of the state and
supersedes any ordinance enacted by any city, county, or city and
county, whether general law or chartered, applicable to this part.
Except as provided in Section 18930, the department may adopt
regulations to interpret and make specific this part and, when
adopted, the regulations shall apply to all parts of the state.
(b) Upon 30 days' written notice from the governing body to the
department, any city, county, or city and county may assume the
responsibility for the enforcement of both this part and Part 2.1
(commencing with Section 18200) and the regulations adopted pursuant
to this part following approval by the department for the assumption.
(c) The department shall adopt regulations that set forth the
conditions for assumption and may include required qualifications of
local enforcement agencies. The conditions set forth and the
qualifications required in the regulations shall relate solely to the
ability of local agencies to enforce properly this part and the
regulations adopted pursuant to this part. The regulations shall not
set forth requirements for local agencies different than those that
the state maintains for its own enforcement program. When assumption
is approved, the department shall transfer the responsibility for
enforcement to the city, county, or city and county, together with
all records of special occupancy parks within the jurisdiction of the
city, county, or city and county.
(d) (1) In the event of nonenforcement of this part or the
regulations adopted pursuant to this part by a city, county, or city
and county, the department shall enforce both this part and Part 2.1
(commencing with Section 18200) and the regulations adopted pursuant
to this part and Part 2.1 in the city, county, or city and county,
after the department has given written notice to the governing body
of the city, county, or city and county, setting forth in what
respects the city, county, or city and county has failed to discharge
its responsibility, and the city, county, or city and county has
failed to initiate corrective measures to carry out its
responsibility within 30 days of the notice.
(2) Where the department determines that the local enforcement
agency is not properly enforcing this part, the local enforcement
agency may appeal the decision to the director of the department.
(e) (1) Any city, city and county, or county may cancel its
assumption of responsibility for the enforcement of both this part
and Part 2.1 (commencing with Section 18200) by providing written
notice of cancellation to the department. The department shall assume
responsibility within 90 days after receipt of the notice.
(2) A local enforcement agency that has been approved by the
department to enforce the provisions of this chapter and cancels its
assumption of responsibility and returns enforcement to the
department under paragraph (1) shall remit to the department the fees
collected under Section 18870.2 that have not been expended pursuant
to this chapter and the regulations adopted thereunder, except that,
for fees for a permit to operate, the local enforcement agency shall
pay to the department a sum that is equal to the percentage of the
year remaining before outstanding permits to operate expire. In
addition, the local enforcement agency that relinquishes enforcement
authority to the department shall remit to the department any fees
collected pursuant to this part for permits to construct or for plan
review, or both, for which a final approval of the construction has
not yet been issued.
(f) Every city, county, or city and county shall, within its
jurisdiction, enforce this part and the regulations adopted pursuant
to this part, as they relate to recreational vehicles and to
accessory buildings or structures located in both of the following
areas: (1) inside of parks where the city, county, or city and county
has assumed responsibility for enforcement of both this part and
Part 2.1 (commencing with Section 18200), and (2) outside of parks.
(g) This part shall not prevent local authorities of any city,
county, or city and county, within the reasonable exercise of their
police powers, from doing any of the following:
(1) Establishing, subject to the requirements of Sections 65852.3
and 65852.7 of the Government Code, certain zones for special
occupancy parks within the city, county, or city and county, as
defined in the zoning ordinance, or from adopting rules and
regulations by ordinance or resolution prescribing park perimeter
walls or enclosures on public street frontage, signs, access, and
vehicle parking or from prescribing the prohibition of certain uses
for special occupancy parks.
(2) Regulating the construction and use of equipment and
facilities located outside of a recreational vehicle used to supply
gas, water, or electricity thereto, except facilities owned,
operated, and maintained by a public utility, or to dispose of sewage
or other waste therefrom when the facilities are located outside a
park for which a permit is required by this part or the regulations
adopted pursuant thereto.
(3) Requiring a permit to use a recreational vehicle outside a
park for which a permit is required by this part or by regulations
adopted pursuant thereto, and require a fee therefor by local
ordinance commensurate with the cost of enforcing this part and local
ordinance with reference to the use of recreational vehicles, which
permit may be refused or revoked if the use violates this part or
Part 2 (commencing with Section 18000), any regulations adopted
pursuant thereto, or any local ordinance applicable to that use or
Part 2.1 (commencing with Section 18200).
(h) A city, including a charter city, county, or city and county,
shall not require a new park to include a clubhouse. Recreational
facilities, recreational areas, accessory structures, or improvements
may be required only to the extent that the facilities or
improvements are required in other types of similar recreational
facilities, if any, in the city, county, or city and county.
(a) This part shall also apply to any portion of a
mobilehome park that is also a special occupancy park, as defined in
(b) The department shall not charge an owner of a park that is
both a special occupancy park and a mobilehome park more than one
annual operating permit fee pursuant to Sections 18502 and 18870.2.
Any person may file an application with the governing body
of any city, city and county, or county for a conditional use permit
for a special occupancy park. The governing body, or the planning
commission if designated by the governing body, shall hold a public
hearing on any such application. Notice of the time and place of the
hearing, including a general explanation of the matter to be
considered and including a general description of the area affected,
shall be given at least two weeks before the hearing and shall be
published at least once in a newspaper of general circulation,
published and circulated in the city, city and county, or county, as
the case may be. When any hearing is held on an application for a
conditional use permit for a special occupancy park, a staff report
with recommendations and the basis for such recommendations shall be
included in the record of the hearing. The decision of the governing
body shall be final and the reasons for the decision shall be
included in the record.
(a) In any city, county, or city and county that has
imposed a time limitation for occupancy of spaces in special
occupancy parks, any special occupancy park owner may apply for an
exemption to that limitation. The exemption shall be granted unless
the city, county, or city and county makes a substantial finding that
based on, but not limited to, the lack of needed overnight or
tourist spaces in those special occupancy parks in the city, county,
or city and county, that the exemption of the applicant's special
occupancy park from the time limitation would cause specific adverse
impacts which cannot be mitigated or avoided by providing partial
exemptions as set forth in subdivision (b) or by imposing conditions
pursuant to subdivision (c).
(b) The requirements of subdivision (a) may be satisfied by
partial exemption if either of the following applies:
(1) A number of spaces in a special occupancy park are set aside
for short-term occupancy, and the remaining spaces are exempted by
the city, county, or city and county from the occupancy limitation.
(2) A city, county, or city and county finds that by increasing
the maximum length of stay to a specified additional period of time
for the applicant, the problems raised by the applicant for an
exemption are satisfied.
(c) As an alternative to granting a partial exemption pursuant to
subdivision (a), in approving a request for an exemption from special
occupancy park time limitations, a city, county, or city and county
(1) Impose conditions to assure there will be no adverse impact on
local school districts due to the additional enrollment of residents
of a special occupancy park.
(2) Assure that a special occupancy park is in compliance with all
regulations adopted pursuant to this part.
(d) If an exemption to a time limitation for occupancy of spaces
in a special occupancy park is applied for pursuant to subdivision
(a) and the special occupancy park for which the exemption is
requested is located within the coastal zone, as defined in Section
30103 of the Public Resources Code, the exemption shall be granted,
only, if in addition to meeting the requirements set forth in
subdivision (a), the city, county, or city and county finds that
granting the exemption is consistent with its certified local coastal
program. If granting the exemption would be inconsistent with an
approved or certified local coastal program, the applicant for the
exemption may petition the appropriate city, county, or city and
county to seek an amendment to its certified local coastal program.
If, after consultation with the California Coastal Commission, it is
determined that an amendment to the certified local coastal program
is required in order to grant the exemption, the city, county, or
city and county may request an amendment to the certified local
coastal program within 90 days of the applicant's filing of the
petition. This request may be made without regard to the limitation
on the number of the amendments that can be requested during any
year, pursuant to Section 30514 of the Public Resources Code. The
California Coastal Commission shall certify the amendment to the
local coastal program unless it finds that the certification would
not be consistent with Chapter 3 (commencing with Section 30200) of
Division 20 of the Public Resources Code.
The department shall adopt regulations for special
occupancy parks which shall take into consideration any special
conditions as location, physical environment, density of usage, type
of operation, type of vehicles to be accommodated, and duration of
occupancy. These regulations shall establish requirements that are
determined by the department to be reasonable and necessary for the
protection of life and property.
This part does not apply to any park or camping area
owned, operated, and maintained by any of the following:
(a) The federal government.
(b) The state.
(c) Any agency or political subdivision of the state.
(d) Any city, county, or city and county.
(a) This part does not apply to any apartment house,
hotel, or dwelling that is subject to Part 1.5 (commencing with
(b) This part does not apply to electric, gas, or water facilities
owned, operated, and maintained by a public utility.
(a) This part is 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 adopted pursuant to this part, if the alternate use
has been approved.
(b) The department may approve any alternate use 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 to that prescribed in
this part and the rules and regulations adopted pursuant to this part
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 to this part, or in order to
substantiate claims for alternates, the department may require proof
of compliance to be made at the expense of the owner or his or her
(d) The department shall notify the appropriate enforcement agency
and plan checking agency of its findings.
(e) This section is not applicable to local regulations authorized
by this part.
(a) The department shall evaluate the enforcement of this
part and regulations adopted pursuant to this part by each city,
county, or city and county that has assumed responsibility for
(b) In performing this evaluation, the department shall have the
(1) To examine the records of local enforcement agencies and to
secure from them reports and copies of their records at any time.
However, if the department requires duplication of these records, it
shall pay for the costs of duplication.
(2) To carry out any investigations it deems necessary to ensure
enforcement of this part and the regulations adopted pursuant
(a) The department may delegate all or any portion of the
authority to enforce this part and the regulations adopted pursuant
to this part, or to enforce specific sections of this part or those
regulations, to a local building department or health department of
any city, county, or city and county where the department is the
enforcement agency, if all of the following conditions exist:
(1) The delegation of authority is necessary to provide prompt and
effective recovery assistance or services during or immediately
following a disaster declared by the Governor.
(2) The local building department or health department requests
the authority and that request is approved by the governing body
having jurisdiction over the local building department or health
(3) The department has determined that the local building
department or health department possesses the knowledge and expertise
necessary to administer the delegated responsibilities.
(b) The delegation of authority shall be limited to the time
established by the department as necessary to adequately respond to
the disaster, or the time period determined by the department, but in
no case shall the period exceed 60 days. The delegation of authority
may be limited to specific geographic areas or specific mobilehome
parks or recreational vehicle parks at the sole discretion of the
(c) Local building departments and health departments acting
pursuant to subdivision (a) may charge fees for services rendered,
not to exceed the department's approved schedule of fees associated
with the services provided. The department may also reimburse these
local departments if funds are received for the activities undertaken
pursuant to subdivision (a), but no obligation for reimbursement by
the department shall accrue unless funds are allocated to the
department for this purpose.