Chapter 4. Application And Scope of California Health And Safety Code >> Division 13. >> Part 6. >> Chapter 4.
(a) Except as provided in Section 18930, the department
shall adopt rules and regulations to interpret and make specific this
part. The department shall adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of this division for the purposes described in this section.
Standards adopted, amended, or repealed from time to time by the
department pursuant to this chapter shall include provisions imposing
requirements reasonably consistent with recognized and accepted
standards contained in the most recent editions of the following
uniform industry codes as adopted or amended from time to time by the
organizations specified:
(1) The Uniform Housing Code of the International Conference of
Building Officials.
(2) The Uniform Building Code of the International Conference of
Building Officials.
(3) The Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials.
(4) The Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and
Mechanical Officials.
(5) The National Electrical Code of the National Fire Protection
Association.
(b) The department shall require every city and county to file
with the department all wind pressure and snow load requirements in
effect within their respective jurisdictions if these requirements
differ from building standards published in the State Building
Standards Code, on or before January 1 of each year. The department
shall notify every manufacturer of factory-built housing of these
requirements on or before March 1 of each year.
(c) Except as provided in Section 18930, the department shall
adopt other rules and regulations as it deems necessary to carry out
this part. In promulgating these other rules and regulations the
department shall consider any amendments to the uniform codes
referred to in this section. In the event of any conflict with
respect to factory-built housing between Part 1.5 (commencing with
Section 17910) and this part, the requirements of this part shall
control.
The provisions of Section 17920.9, the building standards
published in the State Building Standards Code relating to foam
building systems, and the other rules and regulations adopted
pursuant to Section 17920.9, shall be applicable to the sale,
offering for sale, or use in the construction of any factory-built
housing of any foam building system, and to any factory-built housing
in which any such system is used as a component.
The department shall enforce every provision of this part,
the building standards published in the State Building Standards Code
relating to factory-built housing, and the other regulations adopted
pursuant to this part, except as provided in Sections 19991.1,
19991.3, 19991.4, and 19992.
The governing body of any city, county, or city and county
may by ordinance elect to have its building department assume
responsibility, for in-plant inspections of all factory-built housing
in all places of manufacture within the political limits of the
jurisdiction of such city, county, or city and county. If certified
by the department as qualified to perform such inspections, the
building department shall be the local inspection agency within the
city, county, or city and county. The governing body of any city,
county, or city and county having a local inspection agency may, by
ordinance, establish a reasonable inspection fee for in-plant
inspections to defray the actual cost of inspections.
Where there is no certified local inspection agency, the
department shall make in-plant inspection of all factory-built
housing in all places of manufacture located within the political
limits of the jurisdiction in which such manufacturing plants are
located.
The department shall provide by regulation for
qualification and disqualification of design approval agencies to
perform approval of factory-built housing plans and specifications,
and the approvals of those agencies shall be deemed the equivalent of
department approval. The regulations for qualification of design
approval agencies shall specifically provide for the absence of any
conflict of interest between manufacturers and design approval
agencies and for department oversight of design approval agency
performance.
The department may provide by regulation for the
qualification and disqualification of quality assurance agencies to
perform inspections of factory-built housing manufacturers. Quality
assurance agencies shall act on behalf and subject to the supervision
of the department and shall exercise the powers of the department
with respect to these inspections, as provided by regulations of the
department. These regulations shall specifically provide for the
absence of any conflict of interest between manufacturers and quality
assurance agencies and for department oversight of the performance
quality assurance agencies.
Local enforcement agencies shall enforce and inspect the
installation of factory-built housing. The installation of
factory-built housing shall be conducted in accordance with the
requirements of the building standards published in the State
Building Standards Code relating to factory-built housing and the
other requirements of Part 1.5 (commencing with Section 17910),
subject to the provisions of Section 19990. The local enforcement
agency may, by ordinance, establish an inspection fee for the
inspection of the installation of factory-built housing.
(a) Local use zone requirements, local snow load
requirements, local wind pressure requirements, local fire zones,
building setback, side and rear yard requirements, site development
and property line requirements, as well as the review and regulation
of architectural and aesthetic requirements are hereby specifically
and entirely reserved to local jurisdictions notwithstanding any
requirement of this part.
(b) Local requirements imposed on factory-built housing pursuant
to the authority granted by this section shall not vary substantially
from the requirements imposed on other residential buildings of
similar size.