John Harabedian

(1) Existing law, the California Factory-Built Housing Law, requires all factory-built housing manufactured after a specified date that is sold or offered for sale to first users within the state to bear insignia of approval issued by the department, deems that housing to comply with the requirements of all ordinances or regulations enacted by any city, city and county, county, or district that may be applicable to the construction of housing, as specified, and prohibits a city, city and county, county, and district from requiring submittal of plans for any factory-built housing manufactured, or to be manufactured, pursuant to these provisions, as specified. The law requires the Department of Housing and Community Development to enforce its provisions, except for in-plant inspections of the manufacture and installation of factory-built housing by local enforcement or inspection agencies, as specified. Existing law authorizes the local enforcement agency to, by ordinance, establish an inspection fee for the inspection of the installation of factory-built housing. Existing law authorizes the department to provide by regulation for the qualification and disqualification of quality assurance agencies to perform inspections of factory-built housing manufacturers. The law requires the department to adopt rules and regulations to interpret and make specific these provisions, as specified. The law provides that any person who violates any of these provisions and other specified law is guilty of a misdemeanor, as specified.

This bill would remove the requirement that a local enforcement agency enforce and inspect the installation of factory-built housing and, instead, require a first user to choose to have either the local enforcement agency or a quality assurance agency, acting on behalf and subject to the supervision of the department, enforce and inspect the installation of factory-built housing. The bill would limit a local enforcement agency's inspection fee to no more than 50% of the equivalent inspection fee for nonfactory-built housing. The bill would prohibit a local enforcement agency from charging an inspection fee if a first user chooses to have a quality assurance agency enforce and inspect the installation. The bill would also prohibit a local enforcement agency from establishing any permitting fee related to factory-built housing that exceeds 50% of the equivalent permitting fee for nonfactory-built housing. The bill would prohibit a local enforcement agency or quality assurance agency from disassembling, damaging, or destroying factory-built housing while inspecting the installation of that factory-built housing. The bill would also make conforming changes.

By increasing the duties of local officials, and by expanding the scope of a crime, this bill would impose a state-mandated local program.

(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.