Chapter 2. Application And Scope of California Health And Safety Code >> Division 13. >> Part 1. >> Chapter 2.
(a) Except as otherwise provided in this part, the
provisions of this part, building standards published in the State
Building Standards Code relating to employee housing, and the other
rules and regulations promulgated pursuant to the provisions of this
part which relate to labor camps apply in all parts of the state and
supersede any ordinance or regulations enacted by any city, county,
or city and county applicable to labor camps. Rules and regulations
adopted or continued in effect prior to January 1, 1980, by former
Chapter 4 (commencing with Section 2610) of Part 9 of Division 2 of
the Labor Code are hereby continued in effect as rules and
regulations under this part until amended or repealed by the
Department of Housing and Community Development.
(b) Building standards, as defined by Section 18909, shall remain
in effect only until January 1, 1985, or until adopted, amended, or
superseded by provisions published in the State Building Standards
Code relating to employee housing pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5, whichever occurs sooner.
(a) Except as provided in Sections 17021.5 and 17021.6,
local use zone requirements, local fire zones, property line, source
of water supply and method of sewage disposal requirements are hereby
specifically and entirely reserved to the local jurisdictions.
(b) Notwithstanding any other provision of law, with respect to a
building permit, grading permit, or other approval from a city or
county building department for the rehabilitation of real property
improvements that are or will be employee housing for agricultural
employees, or from a city or county health department for the
operation, construction, or repair of a water system or waste
disposal system servicing employee housing for agricultural
employees, all of the following processing requirements shall apply:
(1) The local building or health department shall have up to 60
calendar days to approve or deny a complete application or permit
request accompanied by applicable fees, or a shorter time period if
required by the Permit Streamlining Act (Chapter 4.5 (commencing with
Section 65920) of Division 1 of Title 7 of the Government Code). An
application or permit request may be denied on procedural grounds
only if the denial occurs within 30 calendar days and the denial
includes an itemization of the procedural defects. An application or
permit request may be denied on substantive grounds if the denial
includes an itemization of all substantive defects.
(2) If the application or permit request is not approved or denied
by the local building or health department within the period
prescribed by paragraph (1), then the Department of Housing and
Community Development may approve the application or permit request
if it determines that the plans are consistent with all applicable
building codes and health and safety requirements. At that time, the
applicant may initiate any work consistent with the application or
permit approved pursuant to this subdivision. Upon completion of the
work, any other state or local agency shall accept the improvements
as if they had been approved by the local building or health
department. However, if that other local agency identifies any
defects that would have resulted in that agency's disapproval of the
improvements or plans thereto, those defects may be identified by the
agency and shall be corrected by the applicant. The local building
or health department shall inspect the plans and improvements prior
to and during rehabilitation and issue a certificate of completion if
the work is consistent with the plans and all applicable building
codes and health and safety requirements.
(c) Nothing in this section shall be construed to exempt an
application or permit request from complying with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(d) For purposes of this section, "agricultural employee" has the
same meaning specified in subdivision (b) of Section 1140.4 of the
Labor Code.
(e) The Department of Housing and Community Development may
recover from a local building or health department costs incurred to
review an application or permit request in compliance with paragraph
(2) of subdivision (b). The amount recoverable may not exceed the
applicable plan check fee published by the International Conference
of Building Officials.
(a) Any employee housing which has qualified, or is
intended to qualify, for a permit to operate pursuant to this part
may invoke the provisions of this section.
(b) Any employee housing providing accommodations for six or fewer
employees shall be deemed a single-family structure with a
residential land use designation for the purposes of this section.
For the purpose of all local ordinances, employee housing shall not
be included within the definition of a boarding house, rooming house,
hotel, dormitory, or other similar term that implies that the
employee housing is a business run for profit or differs in any other
way from a family dwelling. No conditional use permit, zoning
variance, or other zoning clearance shall be required of employee
housing that serves six or fewer employees that is not required of a
family dwelling of the same type in the same zone. Use of a family
dwelling for purposes of employee housing serving six or fewer
persons shall not constitute a change of occupancy for purposes of
Part 1.5 (commencing with Section 17910) or local building codes.
(c) Except as otherwise provided in this part, employee housing
that serves six or fewer employees shall not be subject to any
business taxes, local registration fees, use permit fees, or other
fees to which other family dwellings of the same type in the same
zone are not likewise subject. Nothing in this subdivision shall be
construed to forbid the imposition of local property taxes, fees for
water services and garbage collection, fees for normal inspections,
local bond assessments, and other fees, charges, and assessments to
which other family dwellings of the same type in the same zone are
likewise subject. Neither the State Fire Marshal nor any local public
entity shall charge any fee to the owner, operator or any resident
for enforcing fire inspection regulations pursuant to state law or
regulation or local ordinance, with respect to employee housing which
serves six or fewer persons.
(d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing which serves six or fewer
employees shall be considered a residential use of property and a
use of property by a single household, notwithstanding any
disclaimers to the contrary. For purposes of this section, "employee
housing" includes employee housing defined in subdivision (b) of
Section 17008, even if the housing accommodations or property are not
located in a rural area, as defined by Section 50101.
(e) The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development and use of sufficient numbers and types of employee
housing facilities as are commensurate with local needs. This section
shall apply equally to any charter city, general law city, county,
city and county, district and any other local public entity.
(a) The owner of any employee housing who has qualified or
intends to qualify for a permit to operate pursuant to this part may
invoke this section.
(b) Any employee housing consisting of no more than 36 beds in a
group quarters or 12 units or spaces designed for use by a single
family or household shall be deemed an agricultural land use for the
purposes of this section. For the purpose of all local ordinances,
employee housing shall not be deemed a use that implies that the
employee housing is an activity that differs in any other way from an
agricultural use. No conditional use permit, zoning variance, or
other zoning clearance shall be required of this employee housing
that is not required of any other agricultural activity in the same
zone. The permitted occupancy in employee housing in a zone allowing
agricultural uses shall include agricultural employees who do not
work on the property where the employee housing is located.
(c) Except as otherwise provided in this part, employee housing
consisting of no more than 36 beds in a group quarters or 12 units or
spaces designed for use by a single family or household shall not be
subject to any business taxes, local registration fees, use permit
fees, or other fees to which other agricultural activities in the
same zone are not likewise subject. This subdivision does not forbid
the imposition of local property taxes, fees for water services and
garbage collection, fees for normal inspections, local bond
assessments, and other fees, charges, and assessments to which other
agricultural activities in the same zone are likewise subject.
Neither the State Fire Marshal nor any local public entity shall
charge any fee to the owner, operator, or any resident for enforcing
fire inspection regulation pursuant to state law or regulations or
local ordinance, with respect to employee housing consisting of no
more than 36 beds in a group quarters or 12 units or spaces designed
for use by a single family or household.
(d) For the purposes of any contract, deed, or covenant for the
transfer of real property, employee housing consisting of no more
than 36 beds in a group quarters or 12 units or spaces designed for
use by a single family or household shall be considered an
agricultural use of property, notwithstanding any disclaimers to the
contrary. For purposes of this section, "employee housing" includes
employee housing defined in subdivision (b) of Section 17008, even if
the housing accommodations or property are not located in a rural
area, as defined by Section 50101.
(e) The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development and use of sufficient numbers and types of employee
housing facilities as are commensurate with local need. This section
shall apply equally to any charter city, general law city, county,
city and county, district, and any other local public entity.
(f) If any owner who invokes the provisions of this section fails
to maintain a permit to operate pursuant to this part throughout the
first 10 consecutive years following the issuance of the original
certificate of occupancy, both of the following shall occur:
(1) The enforcement agency shall notify the appropriate local
government entity.
(2) The public agency that has waived any taxes, fees,
assessments, or charges for employee housing pursuant to this section
may recover the amount of those taxes, fees, assessments, or charges
from the landowner, less 10 percent of that amount for each year
that a valid permit has been maintained.
(g) Subdivision (f) shall not apply to an owner of any
prospective, planned, or unfinished employee housing facility who has
applied to the appropriate state and local public entities for a
permit to construct or operate pursuant to this part prior to January
1, 1996.
Notwithstanding subdivision (b) of Section 18214,
subdivision (b) of Section 18862.39, and subdivision (b) of Section
18862.47, mobilehomes and recreational vehicles used to house
agricultural employees shall be maintained in conformity with the
applicable requirements of the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200)).
Enforcement of occupational safety and health standards
established pursuant to Chapter 6 (commencing with Section 140) of
Division 1 of the Labor Code is hereby specifically and entirely
reserved to the Division of Industrial Safety.
The department shall adopt, and make available to the
public, model or prototype plans for several types of employee
housing, including, but not limited to, barracks, seasonal housing,
family housing, and recreational vehicle parks. Any person intending
to construct employee housing may adopt one or more of these models
as the plans for the proposed housing.
(a) Rules and regulations adopted or continued in effect
pursuant to the provisions of this part relating to the erection or
construction of buildings or structures within employee housing shall
not apply to existing buildings or structures or to buildings and
structures as to which construction is commenced or approved prior to
the effective date of the rules and regulations, except by act of
the Legislature, but regulations relating to use, maintenance, and
occupancy shall apply to all employee housing approved for
construction and operation before or after the effective date of
these rules and regulations.
(b) Building standards, as defined in Section 18909, shall remain
in effect only until January 1, 1985, or until adopted, amended, or
superseded by provisions published in the State Building Standards
Code pursuant to Chapter 4 (commencing with Section 18935) of Part
2.5, whichever occurs sooner.
This part does not apply to resident-employment housing
provided for faculty or employees of any public or privately operated
school, college, or university. This part does not apply to any
employee housing 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.