^
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Complete Title
Vol. 33
THOIVISOM
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Barclays Official California Code of Regulations
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revised edition
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TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT
NOMENCLATURE CROSS-REFERENCE
(NOTE: Effective April 1, 1990, the Office of Administrative Law authorized the renaming of the
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen-
cies implement these changes in their regulations, use the following Cross-Reference Table for
the new organizational headings used in this Title.)
OLD HIERARCHY REVISED HIERARCHY
Part Division
Chapter Chapter
Subchapter Subchapter
Article Article
Division Subarticle
Section Section
Title 25
Housing and Community Development
Title Table of Contents
Title 25. Housing and Community Development
Table of Contents
Page
Division 1 . Housing and Community
Development i
Chapter ] . Slate Housing Law Regulations
and Earthquake Protection Law
Regulations J
Subchapter I. State Housing Law
Regulations l
Article L Authority, Application and
Scope 1
Article 2. Definitions 1
Article 3. Administration and
Enforcement i
Article 4. Construction, Additions,
Alterations 3
Article 5. Existing Buildings 4
Article 6. Actions and Proceedings 5
Article 7. Penalties 7
Article 8. Regulations for Limited
Density Owner-Built Rural
Dwellings 7
Subchapter 2. Earthquake Protection Law
Regulations 10
Subchapter 3. Employee Housing 10
Article L Application and Scope 10
Article 2. Definitions lO.i
Article 3. Administration and
Enforcement IQ.I
Article 4. Permits and Fees and
Compliance 12
Subarticle 1. 12
Article 5. New Construction 15
Article 6. Maintenance, Use and
Occupancy 16
Subarticle 1. Area Requirements 16
Subarticle 2. Building and Structure
Requirements 16.1
Subarticle 3. Kitchens and Mess Halls 17
Subarticle 4. Fire Equipment and
Hazards 18
Subarticle 5. Plumbing Systems 18
Page
Subarticle 6. Mechanical Systems 20
Subarticle 7. Heating Appliances 20
Subarticle 8. Electrical Systems 21
Subarticle 9. Use of Mobile Homes,
Recreational Vehicles,
Commercial Coaches,
Mobile Home Accessory
Buildings, Structures,
. Tents and Camp Grounds 23
Article 7. Actions and Proceedings 23
Article 8. Penalties 24
Subchapter 4. California Low-Income
Home Management Training
Program 24
Subchapter 5. Housing Element
Guidelines 24
Chapter 2. Mobilehome Parks and
Installations 25
Article 1 . Administration and
Enforcement 25
Article 2. General Park Requirements 40
Article 3. Electrical Requirements 43
Article 4. Fuel Gas and Oil
Requirements 47
Article 5. Plumbing Requirements 50
Article 6. Fire Protection Standards
for Parks 53
Article 7. MH-Unit and Commercial
Modular Installations and
Facilities 56
Article 7.5. MH-Unit Earthquake-Resistant
Bracing Systems (ERBS) 67
Article 8. Permanent Buildings and
Commercial Modulars 72
Article 9. Accessory Buildings and
Structures 73
Article 10. Violations, Complaints,
Abatement, and Hearings 79
Article 1 1 . Informal Conferences and
Formal Appeals 82.5
Subchapter 2. Special Occupancy Parks 82.7
Chapter 2.2. Special Occupancy Parks 83
Page i
(7-11-2008)
Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 1. Administration and
Enforcement 83
Article 2. General Park Requirements 84.12
Article 3. Electrical Requirements 84.15
Article 4. Fuel Gas Requirements 84.19
Article 5. Plumbing Requirements 84.21
Article 6. Fire Protection Standards
for Parks 84.24
Article 7. Installations and
Facilities 84.27
Article 8. Permanent Buildings and
Commercial Modulars 84.29
Article 9. Accessory Buildings and
Structures 84.30
Article 10. Violations,. Complaints,
Abatement, and Hearings 84.34
Article 11 . Informal Conferences and
Formal Appeals 84.39
Chapter 3. Factory-Built Housing and Mobile
Homes 85
Subchapter 1. Factory-Built Housing 85
Article 1 . Application and Scope 85
Article 2. Definitions 85
Article 3. Administration and
Enforcement 85
Article 4. Fees 93
Article 5. Design and Fabrication 94
Article 6. Installation 95
Subchapter 2. Manufactured Homes,
Mobilehomes, Multi-Unit
Manufactured Housing,
Commercial Modulars, and
Special Purpose
Commercial Modulars 95
Article 1. Administration 95
Article 1.1. Issuance of Insignia for
Manufactured Homes, Mobile
Homes, Commercial Coaches
and Recreational Vehicles
Not Previously Issued
Insignia of Approval 109
Article 1.2. Mobile/Factory-Built
Housing 112
Article 2. Mobile Homes 113
Subarticle 1 . Application 113
Subarticle 2. Title VI Procedural and
Enforcement Regulations 113
CODE OF REGULATIONS Title 25
Page
Subarticle 3. Mobile Home Construction
and Safety Standards 140
Article 2.5. Fire Sprinkler Systems 182
Article 3. Commercial Coaches 1 82.5
Subarticle 1. Construction and Fire
Safety 182.5
Subarticle 2. Electrical 189
Subarticle 3. Mechanical 194
Subarticle 4. Plumbing 207
Article 3.5. Special Purpose Commercial
Coaches 211
Article 4. Recreational Vehicles 213
Subarticle 1. Construction and Fire
Safety 213
Subarticle 2. Electrical 213
Subarticle 3. Mechanical 214
Subarticle 4. Plumbing 215
Article 5. Third-Party Approval and
Enforcement 215
Subchapter 3. Mobile Home Occupational
Licensing 225
Chapter 4. Manufactured Housing Sales,
Occupational Licensing and
Education 235
Subchapter 1. Sales and Occupational
Licensing 235
Article 1 . General 235
Article 2. License and Business
Requirements 236
Article 3. License and 90-Day
Certificate Applications,
Changes and Renewals 237
Article 5. Advertising Listing
Agreements and Sales
Practices 248
Article 6. Purchase Documents and
Escrow 248.2
Article 7. Public Access to Information
Regarding Occupational
Licensing 248.4
Article 8. Enforcement, Actions and
Penalties 248.5
Article 9. 90-Day Certificate
Requirements 248.6
Subchapter 2. Preliminary and
Continuing Education 248.6
Page ii
(7-11-2008)
Title 25
Housing and Community Development
Page
Registration and Titling of Article 3.
Manufactured Homes, Article 4
Mobilehomes, Multi-Unit
Manufactured Housing, ^^
Commercial Modulars, Truck Article 6.
Campers, and Floating Homes 257 Subchapter 2.
Administration 257
Registration of Units Not
Previously Registered in Subchapter 3.
California 259
Registration Changes Upon Subchapter 4.
Transfer of Units
Registered in California 260.4 Subchapters.
Registration Requirements 260.6
Duplicates and Substitutes 260.17
Manufacturer Reporting
Requirements 260.18 Chapter 6.5.
Dealer Sale Requirements 260.23 Subchapter 1.
Perfection and Release of
Security Interests 260.25 Subchapter 2.
Foreclosures, Repossessions,
Abandonments,
Warehouseman's Liens, and Subchapter 2.5.
Other Involuntary
Transfers 260.32 Article 1 .
Commercial Coach Seizure and Article 2.
Sale to Satisfy a Lien in Article 3
Favor of the State of
California 260.35 ^ , ,
Subchapter 3.
Foundation Systems 260.35
Local Property Taxation and Article 1
Relief 260.37 * ■ , ^
Article 2.
Salvage Reporting a • i ->
^ ^ '^ Article 3.
Requirements 260.39
Article 4
Notice of Attachment 260.40
Title Search 260.41 a _• i c
Article 5.
Fees and Exemptions 260.41
Qualification for Public Article 6.
Benefits 260.45
Article 7
Department of Housing and
Community Development
Programs 261 Chapter 7.
Relocation Assistance and
Real Property
Acquisition Guidelines 261 Subchapter I.
General 261
Relocation Assistance Subchapter L5.
Advisory Program and
Assurance of Comparable
Replacement Housing 264 Article 1 .
Title Table of Contents
Page
Relocation Payments 269
Last Resort Housing 275
Grievance Procedures 276.1
Acquisition Policies 276.2
California Low-Income
Home Management Training
Program 279
Housing Element
Guidehnes 279
Housing Element
Guidelines 279
Department of Housing and
Community Development —
Conflict of Interest
Code 279
Program .Operations 281
Loan and Grant
Committees 281
Program Eligibility and
Affordability for Lower
Income Households 282
Applicant Verification
Requirements 288.1
General Provisions 288.1
Ehgibihty for Benefits 290.1
Procedures for Determining
and Reporting Eligibility 290.1
California Environmental
Quality Act 290.3
General Provisions 290.3
Definitions 290.3
Exempt Activities 290.4
Procedures for Compliance
with CEQA 291
Application to Developmental
Activities 293
Criteria for Decision-Making
and Findings 294
Contents of Environmental
Documents 295
Department of Housing and
Community Development
Programs 297
Predevelopment Loan
Funds 297
California Low-Income
Home Management Training
Program 301
Authority and Purpose 301
Chapter 5.
Article L
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Chapter 5.5.
Chapter 6.
Subchapter 1.
Article 1.
Article 2.
Page iii
(7-11-2008)
Title Table of Contents BARCLAYS CALIFORNIA
Page
Article 2. Guidelines for Awarding
Grants 301
Subchapter 2. State Community
Development Block Grant
Program 303
Article 1 . General 303
Article 2. Application Process 304
Article 3. Other Program Requirements 315
Article 4. Grant Administration 316
Subchapter 3. Farmworker Housing Grant
Program 319
Article 1 . General 319
Article 2. Program Requirements 320
Article 3. Application Procedure 324
Article 4. Program Operations 326
Subchapter 3.5. Farm Labor Housing
Rehabilitation Loan
Program 326.3
Article L General 326.3
Article 2. Program Requirements 326.3
Article 3. Application and Funding
Procedures 326.3
Article 4. Program Operations 326.3
Subchapter 4. Multifamily Housing
Program 326.4
Article L General 326.4
Article 2. Program Requirements 327
Article 3. Application Procedures 332
Article 4. Program Operations 335
Article 5. Rent Write-Down Loans 337
Article 6. Supportive Housing Loans 338.1
Subchapter 5. Deferred-Payment
Rehabilitation Loans 338.3
Subchapter 5.5. Special User Housing
Rehabilitation Program 345
Subchapter 6. Housing Advisory Service 349
Article L Purpose, Authority and
Policy 349
Article 2. Definitions 350
Article 3. Awarding of Grants 350
Subchapter 6.5. California Self-Help
Housing Program 350
Article 1. General 350
Article 2. Application Process 351
Article 3. Technical Assistance Grants 352
Article 4. Mortgage Assistance: General
i Provisions 353
CODE OF REGULATIONS Title 25
Page
Article 5. Deferred Payment Loans and
Other Forms of Mortgage
Assistance 353
Article 6. Development Assistance 355
Subchapter 7. Office of Migrant
Services 356
Article L General 356
Article 2. Admissions 357
Article 3. Lease 358
Article 4. Complaint and Grievance
Procedure 362
Article 5. Rent Raises 364
Article 6. Contractor Responsibilities 364.2
Subchapter 8. California Housing
Rehabilitation Program 364.2
Article L General 364.2
Article 2. Program Requirements 366
Article 3. Application for Funding
Procedures 374
Article 4. Program Operations 384
Subchapter 9. CalHome Program
Requirements 391
Article 1. General 391
Article 2. General Program
Requirements 393
Article 3. Homeowner/Homebuyer Loan
Requirements 394
Article 4. Mortgage Assistance
Programs 394.1
Article 5. Owner-Occupied
Rehabilitation Programs 394.2
Article 6. Self-Help Technical
Assistance Projects 394.3
Article 7. Shared Housing Programs 394.3
Article 8. Development Loan
Requirements 394.4
Article 9. Application Procedures 394.5
Article 10. Program Operations 394.6
Subchapter 10. Rental Housing
Construction Program 394.8
Article 1. General 394.8
Article 2. Program Requirements 396
Article 3. Development Standards 397
Article 4. Application Procedure and
Review 399
Article 5. Operations 402
Article 6. CHFA Developments 406
Subchapter 11. Homeownership Assistance
Program 410
Page iv
(7-11-2008)
Title 25
Housing and Community Development
Title Table of Contents
Article 1.
Article 2.
Article 3.
Article 4.
Subchapter
12.
Subchapter
13.
Article 1.
Article 2.
Article 3.
Article 4.
Subchapter
14.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 15.
Article 1.
Article 2.
Article 3.
Article 4.
Subchapter 16.
Article 1.
Article 2.
Article 3.
Article 4.
Subchapter 17.
Article 1.
Article 2.
Article 3.
Article 4.
Page
General 410
Program Requirements 412
Application Procedures 415
Program Operation 417
Emergency Housing and
Assistance Program 420
Mobile Home Park Resident
Ownership Program 424.10
General 424.10
Program Requirements 425
Application and Funding
Procedures 427
Program Operations 428
California Housing
Rehabilitation Program
for Owner-Occupied
Housing 430
General 430
Program Requirements 430.1
Deferred Payment Loan
Requirements 433
Application for Funding
Procedures 435
Program Operations 448
Rental Housing
Construction Program —
Proposition 84 456
General 456
Program Requirements 458
Application Procedures 468
Program Operations 495
Family Housing
Demonstration Program
Regulations — Proposition 84 496.15
General 496.15
Program Requirements 496.17
Application Procedures 496.30
Program Operations 496.66
State HOME Investment
Partnership Act Program 496.100
General 496.100
Program Requirements 496.102
Application for Funding
Procedures 496.108
Program Operations 496.110(b)
Subchapter 18.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Subchapter 19.
Subchapter 20.
Subchapter 21.
Article 1.
Article 2.
Article 3.
Page
Child Care Facilities
Financing Program 496. n 0(e)
General 496.110(e)
General Program
Requirements 496. 1 1 1
Guaranty Program 496.1 12
Direct Loan Program 496.115
Microenterprise Assistance
Program 496. 1 1 7
Uniform Multifamily
Regulations 496. 1 18
Federal Emergency Shelter
Grants Program 496.123
Enterprise Zone Program 496.133
General 496.133
Department Application
Fees 496.133
Enterprise Zone Designation
Process — General 496.134
Article 4.
Eligible Areas
. 496.136
Article 5.
Eligible Area Petition
Process
. 496.137
Article 6.
Preliminary Application
Procedure
. 496.138
Article 7.
Final Applications
. 496.142
Article 8.
Apphcation Evaluation and
Scoring
. 496.145
Article 9.
Conditional and Final
Designation
. 496.146
Article 10.
Expansion of Existing
Enterprise Zones and
Program Areas
, . 496.147
Article 11.
Finality of Agency
Decisions; Meeting with
Enterprise Zone Program
Manager
. . 496.148
Article 12.
Targeted Tax Area
, . 496.148
Article 13.
Environmental Review
. 496.153
Article 14.
Enterprise Zone
Administration and Issuance
of Vouchers 496.155
Dgvlsion 2.
Chapter 1 .
Article 1.
Chapter 2.
California Housing Finance
Agency
497
General 497
Conflict of Interest Code 497
Rental Housing Development
Programs 498
Page v
(7-11-2008)
Titie Table of Contents BARCLAYS CALIFORNIA
Page
Article ] . General 498
Article 2. Construction and Mortgage
Loans 499
Article 3. Equal Opportunity 501
Article 4. Tenancy Standards and
Procedures 502
Article 6. Construction Loans Where
Agency Does Not Provide
Permanent Financing 504
Chapter 3. Restrictions on Agency Public
Benefits to Aliens 504
Article L General 504
Article 2. Eligibility for Benefits 507
Chapter 4. Procedures of Board of
Directors 510
Article L Board Action 510
Chapter 5. Home Ownership and Home
Improvement 51 1
Article L General 511
Article 2. Allocation of Funds and
Market Interest 511
Article 3. Qualified Lender 511
CODE OF REGULATIONS Title 25
Page
Article 4. Eligible Borrowers 511
Article 5. Eligible Loans and
Residential Structures 511
Article 6. Purchase Agreements and
Servicing Agreements 512
Article 7. Rehabilitation 512
Article 8. Affirmative Action, Rent
Limitations, Relocation 512
Chapter 6. Housing Bond Credit Committee:
Regulations Prescribing
Procedures 512
Chapter 10. Loan and Bond Insurance 512
Article 1. General 512
Article 2. Loan Insurance 512
Article 3. Bond Insurance for Local
Public Entities 513
Article 4. Mortgage Insurance on SB 1862
Loans 513
Chapter 20. Cal-First Home Buyers 513
Article 1. General 513
Article 2. Cal-First Home Buyers Buy-
Down Mortgage Plan 513
Page vi
(7-11-2008)
^Ba
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Cliapter 1. State Housing Law Regulations and Earthquake
Protection Law Regulations
Vol. 33
THOIVISOM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
State Housing Law and Earthquake Protection Law Regulations
Table of Contents
Chapter 1. State Housing Law Regulations and Earthquake
Protection Law Regulations
Table of Contents
Page
Page
Subchapter 1
Article 1.
§1.
Article 2.
§4.
Article 3.
§6.
§8.
§ 10.
§ 12.
§14.
§ 16.
§18.
§20.
Article 4.
§ 22.
§24.
§26.
§28.
§30.
Article 5.
§32.
§34.
§36.
§38.
§40.
§42.
§44.
§46.
Article 6.
§48.
§50.
§52.
§54.
§56.
§58.
§60.
§62.
§64.
§66.
§68.
§70.
Article 7.
§72.
Article 8.
§74.
§76.
§78.
State Housing Law
Regulations l
Authority, Apphcation and
Scope 1
Application and Scope.
Definitions l
General.
Administration and
Enforcement l
Local Regulations.
Temporary Housing.
Enforcement.
Appeals.
Alternates.
Permits to Construct.
Environmental Impact Report.
Permit and Plan Check Fees.
Construction, Additions,
Alterations 3
Building Requirements.
Foam Building Systems.
Mechanical — Building Regulations.
Electrical — Building Regulations.
Plumbing — Building Regulations.
Existing Buildings 4
Space, Occupancy, and
Maintenance.
Heating.
Rehabilitation and Repair.
Garbage Receptacles.
Bedding.
Caretaker.
Hotplates.
Portable Fire Extinguishers.
Actions and Proceedings 5
Access and Inspections.
Abatement Actions.
Abatement Procedure.
Nuisances — Notices.
Revolving Fund.
Manner of Giving Notice.
Second Notice.
Hearing.
Time to Bring Action.
Jurisdiction to Abate.
Sale of Materials.
Statement of Expense.
Penalties 7
Penalties.
Regulations for Limited
Density Owner-Built Rural
Dwellings 7
Purpose.
Intent and Application.
Definitions.
§80.
Local Standards.
§82.
Regulation of Use.
§84.
Abatement of Substandard
Buildings.
§86.
Petitions for Interpretations.
§88.
Interpretation.
§90.
Notice of Findings.
§92.
Recording.
§94.
Violations.
§96.
Permits.
§98.
Application.
§100.
Plans.
§102.
Waiver of Plans.
§104.
Modifications.
§106.
Permit Validity.
§ 108.
Inspections.
§ 110.
Special Inspections.
§ 112.
Inspection Waivers.
§ 114.
Inspection Requests and Notice.
§116.
Certificate of Occupancy.
§ 118.
Temporary Occupancy.
§120.
Fees.
§ 122.
General Requirements.
§124.
Intent of General Requirements.
§ 126.
Technical Codes to Be a Basis of
Approval.
§ 128.
Mechanical Requirements.
§ 130.
Electrical Requirements.
§ 132.
Installation Requirements.
§ 134.
Plumbing Requirements.
Subchapter 2.
Earthquake Protection Law
Regulations
.. 10
§500.
Administration and Enforcement
Fees.
Subchapter 3.
Employee Housing
.. 10
Article L
Application and Scope
.. 10
§600.
Application and Scope.
Article 2.
Definitions
10.1
§610.
Definitions.
Article 3.
Administration and
Enforcement
10.1
§620.
Enforcement.
§621.
Local Assumption of Enforcement
Responsibility.
§623.
Filing of Complaints.
§624.
Information Notice.
§625.
Posting of Notices.
§626.
Operator's Responsibility.
§627.
Responsible Person.
§628.
Occupant's Responsibility.
Article 4.
Permits and Fees and
Compliance
.. 12
Subarticle 1.
. . 12
§631.
Application for a Permit to Operate
a Labor Camp.
§632.
Permit to Operate.
§633.
Exemption for Employee
Community Housing.
Page i
(1-12-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
§634.
§636.
§637.
§ 638.
§ 639.
§640.
§64].
§642.
§644.
645.
648.
§ 650.
Article 5.
§ 652.
§ 653.
§ 654.
§ 655.
§ 658.
§ 660.
§662.
§664.
Article 6.
Subarticle 1.
§700.
§702.
§704.
Subarticle 2.
§708.
§710.
§712.
§714.
§720.
§722.
§724.
§728.
§730.
§732.
§734.
Subarticle 3.
§736.
§738.
§740.
§742.
Subarticle 4.
§744.
§746.
Subarticle 5.
§ 756.
§758.
§760.
§762.
§764.
§766.
§768.
§770.
§772.
§774.
§784.
Exemption for Labor Camps on
Daily Farms.
Renewal Prohibited.
Permit to Operate or Exemption
Fees.
Compliance.
Double Fees.
Preoccupancy Inspection, Local
Enforcement Agency.
Permit Application Review, Notice
of Depanment Decision and
Occupancy Approval.
Noncompliance.
Reinspection Fees.
Technical Service and Fees.
Multiple Year Permits to Operate.
Conditional Permit to Operate or
Exemption.
New Construction 15
Construction Permits and
Construction Requirements.
Alternate Approval.
Construction Permit Fees.
Heat.
Tents.
Substandard Buildings.
Window Screening.
Door Screening.
Maintenance, Use and
Occupancy 16
Area Requirements 16
Drainage.
Livestock.
Structures.
Building and Structure
Requirements
Employee Community Housing.
Maintenance.
Buildings Identified.
Windows.
Exit Way Lighting.
Exits.
Floor Area.
Insect Screening.
Sleeping Rooms.
Beds and Bedding.
Prohibited Room Use.
Kitchens and Mess Halls
Community Kitchens.
Mess Halls and Mess Hall Kitchens.
Kitchens and Mess Hall
Maintenance.
Garbage, Waste and Rubbish
Disposal.
Fire Equipment and
Hazards
Fire Extinguishers and Fire
Extinguishing Systems.
Fire Hazards.
Plumbing Systems
Use and Maintenance.
Safeguards.
Toilet and Bathing Facilities.
Identification.
Toilet and Bathing Separations.
Lavatories.
Clothes Washing Machine.
Water Supply.
Drinking Water.
Back Siphonage.
Sewage Disposal System.
16.1
17
18
18
§ 786. Underground Sewage Tanks.
§ 788. Trap and Vent Maintenance.
§ 790. Drain Inlet Cap.
§ 792. Sanitaiy Drain Connection.
Subarticle 6. Mechanical Systems
§ 800. Heat.
§ 802. Mechanical Use.
§ 804. Maintenance.
§ 806. Location of Liquefied Petroleum
Gas Tanks.
§ 808. Tank Protection.
§810. Warning Signs.
§812. Tank Support.
§ 8 1 4. Prohibited Use of Connectors.
§ 8 1 6. Outlets to Be Capped.
Subarticle 7. Heating Appliances
§818. Use of Fuel.
§ 820. Unvented Heaters.
§ 822. Prohibited Use.
§ 824. Appliance Installation Instnictions.
§ 826. Clearances for Existing Appliances
Without Instructions.
§828. Shul-Off Valve.
§ 830. Clean Appliances.
§ 832. Appliance Vent Installation.
§ 834. Water Heater Relief Valves.
§ 836. Appliance Compartments.
§ 838. Secured Appliances.
Subarticle 8. Electrical Systems
§ 850. Electrical Systems Use.
§ 852. Safeguards.
§ 854. Wiring Methods and Materials.
§ 858. Overcurrent Protection.
§ 860. Weather Proof
§ 862. Vertical Clearances.
§ 864. Conductors on Poles.
§ 866. Grounding Fixed Equipment.
§ 868. Grounding of Cord Connected
Equipment.
§ 870. Grounded Convenience Outlet.
§ 872. Outlets in Habitable Rooms.
§ 874. Lighting in Bath and Toilet Room.
§ 878. Enclosed Light Fixture.
§ 880. Shower Light Switch.
§ 882. Range Hood Light.
§ 884. Pullchain Switch.
§ 886. Exposed Nonmetallic Sheathed
Cable.
§ 888. Cable Clamps.
§ 890. Outlet Boxes.
§ 892. Covers.
§ 894. Extension Cords.
§ 896. Cord Wiring.
Subarticle 9. Use of Mobile Homes,
Recreational Vehicles,
20
20
21
Page ii
Commercial Coaches,
Mobile Home Accessory
Buildings, Structures,
Tents and Camp Grounds . . .
^3
§900.
Facilities.
§902.
Installation Requirements.
§904.
Insignia and/or Label Required.
§908.
Alterations and Conversions.
§910.
Tents.
Article 7.
Actions and Proceedings
.... 23
§920.
Actions and Proceedings.
§922.
Permit or Exemption Suspension.
§923.
Authority to Serve Notices.
§924.
Notice.
§ 926.
Service.
§928.
Appeal.
§930.
Hearing.
§ 932.
Reinstatement.
(1-12-2007)
Title 25 State Housing Law and Earthquake Protection Law Regulations Table of Contents
Page Page
Article 8. Penalties 24 Subchapter 5. Housing Element
§ 940. Penalties. Guidelines 24
Appendix A 24
Subchapter 4. California Low-Income
Home Management Training
Program 24
Page iii (1-12-2007)
Title 25
State Housing Law and Earthquake Protection Law Regulations
§14
TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT
•
Division 1. Housing and Community
Development
Chapter 1. State Housing Law Regulations
and Earthquake Protection Law Regulations
Subchapter 1. State Housing Law
Regulations
Article 1. Authority, Application and Scope
§ 1. Application and Scope.
(a) The provisions of tills subchapter shall apply in all parts of the state
and shall apply to the erection, construction, enlargement, conversion, al-
teration, repair, moving, removal, demolition, occupancy, use height,
court area, sanitation, maintenance, and ventilation of all hotels, motels,
apartment houses and dwellings, or portions thereof and buildings and
structures accessory thereto approved for construction on or after the ef-
fective date of this subchapter except as otherwise provided in this sub-
chapter.
(b) The provisions of this subchapter relating to use, maintenance and
change of occupancy shall apply to all buildings, or portions thereof, ap-
proved for construction or constructed before or after the effective date
of this subchapter.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17922, Health and Safety Code.
History
1. * Repealer of Subchapter 1 (Articles 1-10, Sections 1-244, not consecutive and
Appendix A) and new Subchapter 1 (Articles 1-8, Sections 1 -1 34, not consecu-
tive). Filed 10-21-83; effective thirtieth day thereafter (Register 83, No. 43).
For prior history, see Registers 83, No. 17; 82, No. 22; 81, No. 2; 79, Nos. 51,
48, 35, 24; and 78, No. 26.
2. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, litle'^l, California Code of Regulations (Register 2004, No. 26).
* The reorganization of Subchapter 1 is printed as a repealer and adoption for Clar-
ity-
Article 2. Definitions
§ 4. General.
The following definitions and the definitions contained in California
Code of Regulations, Title 24, shall apply to the provisions of this sub-
chapter as applicable.
"Building Official." The Department or the local government agency
so designated as the enforcement agency in Division 13, Part 1.5, Health
and Safety Code.
"Labeled." Bearing a label of an approved testing agency or other ap-
proved means of identification.
"Local Appeals Board." The board or agency of a city or county which
is authorized by the governing body of the city or county to hear appeals
regarding the requirements of the city or county relating to the use, main-
tenance, and change of occupancy of hotels, motels, lodging houses,
apartment houses, and dwellings, or portions thereof, and buildings and
structures accessory thereto, including requirements governing alter-
ation, additions, repair, demolition, and moving of these buildings if also
authorized to hear these appeals. In any area in which there is no such
board or agency, "housing appeals board" means the local appeals board
having jurisdiction over the area.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17920.6 and 17921, Health and Safety Code.
Article 3. Administration and Enforcement
§ 6. Local Regulations.
(a) Except as provided in subsection (b), the governing body of every
city or county shall adopt ordinances or regulations imposing the require-
ments contained in this subchapter. These ordinances and regulations
shall be adopted pursuant to Sections 17958, 17958.5, 17958.7, 17958.8,
17958.9 and 17959 of the Health and Safety Code.
(b) The regulations contained in Section 20 and Section 24 (f) through
(k) of this subchapter are intended to be enforced by the department. The
provisions of these sections need not be adopted by the governing body
of any city or county.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17921, 17922, 17958, 17958.5, 17958.7,
17958.8, 17958.9 and 17959, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 8. Temporary Housing.
Pursuant to Section 17922. 1 of the Health and Safety Code, any city
or county may modify or change the requirements contained in this sub-
chapter if it makes a finding that temporary housing is required for use
in conjunction with a filed mining claim.
NOTE: Authority cited: Sections 17003.5, 17922, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17922.1, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 1 00, title 1 , California Code of Regulations (Register 2004, No. 26).
§10. Enforcement.
Enforcement of the provisions of Division 13, Part 1 .5 of the Health
and Safety Code and the provisions of this subchapter shall be consistent
with Sections 17952, 17960, 17961, 17962, 17964, 17965 and 17966 of
the Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17952, 17960, 17961, 17962, 17964, 17965 and
17966, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§12. Appeals.
Local appeals boards and their actions shall be consistent with Sec-
tions 17920.5, 17920.6 and 17925 of the Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17920.5, 17920.6 and 17925, Health and Safety
Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§14. Alternates.
Consistent with Section 17951(d) of the Health and Safety Code, the
building department of any city or county may, on a case-by-case basis,
approve alternate materials, appliances, installations, devices, arrange-
ments, or methods of construction not specifically prescribed in this sub-
chapter.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17922, 17923 and 17951, Health and Safety
Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
Page 1
Register 2006, No. 45; 11-10-2006
§16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 16. Permits to Construct.
No person shall erect, construct, enlarge, convert, alter, repair, move,
remove, or demolish any building or structure subject to the provisions
of this subchapter without first obtaining a written construction permit
from the enforcing agency unless such work is exempted, as specified in
the California Building Standards Code, California Code of Regulations
Title 24, this subchapter, or the other ailes and regulations promulgated
pursuant to Section 1 792 1 of the California Health and Safety Code. Ex-
emption from permit requirements shall not be deemed to grant autho-
rization for any work to be done in violation of the provisions of the
California Building Standards Code, this subchapter, other state laws, or
ordinances lawfully enacted by the local enforcing agency.
NOTE: Authority cited: Sections 17003.5, 17921, .S006 1.5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17922, Health and Safety Code.
History
1 . Amendment of section and NOTIE filed 1 1-8-2006; operative 12-8-2006 (Reg-
ister 2006, No. 45).
§ 18. Environmental Impact Report.
Wherever the Department is the enforcement agency, an environmen-
tal impact report or negative declaration prepared by or under the super-
vision of the local planning agency shall be submitted with an application
for a permit to construct a project subject to the Environmental Quality
Act of 1 970 (Public Resources Code, commencing with Section 21000).
The environmental impact report or negative declaration shall comply
with the applicable requirements of the California Code of Regulations,
Title 14, Division 6, Chapter 3.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17921, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 20. Permit and Plan Check Fees.
(a) Local Enforcement. Any person submitting an application for a
permit to construct shall pay appropriate fees. Valuation of buildings for
the purpose of determining fees for permits to construct shall be deter-
mined by the enforcement agency. The governing body of any city or
county may prescribe fees for permits, certificates, or other forms or doc-
uments required or authorized by this subchapter.
(b) Enforcement by the Department. The fees specified in this sub-
chapter shall apply where the Department is the enforcement agency.
(1) Penalty Fees. Where work for which a permit is required by this
subchapter is started or proceeded with prior to obtaining that permit, the
fees specified in this article may be increased by the enforcement agency
but shall not be more than double the fees specified for obtaining the per-
mit; however, the payment of that fee shall not relieve any persons from
fully complying with the requirements of this subchapter in the execution
of the work or from any penalties prescribed herein.
(2) Plan Check Fees for Identical Buildings. When any person files
applications simultaneously to construct two or more buildings which are
identical, only one plan check fee will be required. Upon payment of that
plan check fee and the filing of an additional set of plans with the enforce-
ment agency, subsequent construction permits may be issued for other
identical buildings without payment of plan check fees.
(3) Minimum Permit Fee. The total permit fee is the sum of the fees
prescribed in subsections (b)(4), (b)(5) and (b)(6) of this section and in
no case shall be less than $15.
(4) Plan Check Fees. Plan check fees shall be equal to one-half of the
combined total of construction, mechanical, plumbing and electrical per-
mit fees, as set forth in Tables A, B, and C, however, the minimum fee
shall be $10. Those plans which have been returned to the plan submitter
for correction shall be resubmitted along with a fee equal to 25 percent
of the original plan check fee.
(5) Permit Issuance Fee. The permit issuance fee shall be $10. A single
permit may be issued for all work to be accomplished at the same time
on the same premises.
(6) Permit Fees.
(A) Table A. Construction Permit Fees.
Total Valuation
$1 to $500 . . .
$501 to $5,000
Fee
$10
$10
$5,001 to $25,000 $55
$25,001 to $50,000 .
additional thousand or
$50,001 to $100,000
additional thousand or
$100,001 and up . . .
for the first $500 plus $1 for each addi-
tional $ 1 00 or fraction thereof, to and in-
cluding $5,000.
for the first $5,000 plus $3 for each addi-
tional thousand or fraction thereof, to and
including $25,000.
for the ffrst $25,000 plus $2.50 for each
.. $115
fraction thereof,
to and including $50,000.
. . . $1 77.50 for the first $5d',000 plus $1 .50 for each
fraction thereof
to and including $100,000.
. $252.50 for the first $100,000 plus $1 for each
additional thousand or fraction thereof.
(B) Table B. Mechanical and Plumbing Permit Fees.
Each plumbing fixture, trap, set of fixtures on one trap, including water,
drainage piping and back flow protection therefor $1.50
Each building sewer 10.00
Each private sewage disposal system 10.00
Each water heater and/or vent 5.00
Each gas piping system of one to five outlets 5.00
Each gas piping system of six or more, per outlet 1 .00
Each gas regulator 1 .00
Each water branch service outlet or outlets at the same location, or
each fixture supply 30
Each installation of water treating equipment 5.00
Alteration or repair of water piping or water treating equipment 5.00
Alteration or repair of drainage or vent piping 5.00
Each lawn sprinkler system on any one meter, including backflow pro-
tection devices thereof 5.00
Vacuum breakers or backflow protective devices on tanks, vats, etc.,
or for installation on unprotected plurnbing fixtures
One to five 2.00
Over five, each additional 30
The installation or relocation of each forced-air or gravity-type furnace
or burner, including ducts and vents attached to an appliance, up to
and including 100,000 B.t.u.'s 10.00
The installation or relocation of each forced-air or gravity-type
furnace or burner, including ducts and vents attached to an
appliance over 100,000 B.t.u.'s 15.00
The installation or relocation of each floor furnace including vent 5.00
The installation or relocafion of each suspended heater, recessed wall
heater or floor mounted unit heater 5.00
The installation, relocation or replacement of each appliance vent
installed and not included in an appliance permit 5.00
The repair of, alteration of, or addition to each heating appliance,
refrigeration unit, comfort cooling unit, absorption unit, or each
comfort heating, cooling, absorption, or evaporafive cooling system,
including installation of controls 10.00
The installation or relocation of each boiler or compressor to and
including three horsepower or each absorption system to and
including 100,000 B.t.u.'s 10.00
The installation or relocation of each boiler or compressor over three
horsepower to and including 15 horsepower, or each absorption
system over 100,000 B.t.u.'s to and including 500,000 B.t.u.'s 12.50
The installation or relocation of each boiler or compressor over 15
horsepower to and including 30 horsepower, or for each absorption
system over 500,000 B.t.u.'s to and including 1,000,000 B.t.u.'s 15.00
The installation or relocation of each boiler or compressor over 30
horsepower to and including 50 horsepower, or for each absorption
system over 1,000,000 B.t.u.'s to and including 1,750,000 B.t.u.'s . . 17.50
The installation or relocation of each boiler or refrigeration compres-
sor over 50 horsepower, or each absorption system over 1,750,000
B.t.u.'s 30.00
Each air handling unit to and including 10,000 cubic feet per minute,
including ducts attached thereto 5.00
Note: This fee shall not apply to an air handling unit which is a portion of a factoi7
assembled appliance, comfort cooling unit, evaporative cooler or absorption unit
for which a permit is required elsewhere.
For each air handling unit over 10,000 cubic feet per minute 7.50
For each evaporative cooler other than portable type 5.00
For each vent fan connected to a single duct 2.00
For each ventilation system which is not a portion of any heating
or air conditioning system authorized by a permit 5.00
For the installation of each hood which is served by mechanical
exhaust, including the ducts for a hood 5.00
For each appliance or piece of equipment regulated by these
regulations but not classed in other appliance categories, or for
which no other fee is listed in these regulations 5.00
•
Page 2
Register 2006, No. 45; 11-10-2006
Title 25 State Housing Law and Earthquake Protection Law Regulations § 20
(C) Table C. Electrical Permit Fees. Each motor of more than one horsepower but not more than
Each additional outlet, fixture or equipment which has not been included ^ horsepower 1 .50
in the orisinal permit 1 00 ^'''''' "i^tor of more than 3 horsepower but not more than
Total Valuation Fee ^ horsepower 2.00
Total Valuation Fee ^'^^ motor of more than 8 horsepower but not more than
Each wiring outlet where current is used or controlled except services, '^ horsepower _.50
sub-feed"ers and meter outlets 20 ^'^''" motor of more than 1 5 horsepower but not more than
Each fixture, socket or other lamp holding device .................... .2Q ^'^ horsepower 3.00
Each motor of not more than one horsepower 1 .00
[The next page is 3.]
Page 2.1 Register 2006, No. 45; 1 1 - 10-2006
Title 25
State Housing Law and Earthquake Protection Law Regulations
§24
Each motor of more than 50 horsepower but not more than
1 00 horsepower 5.00
Each motor of more than 100 horsepower 10.00
Each generator, transformer, or welder — each K.V.A. capacity shall
be considered as one horsepower in a motor. Each motor-generator
set or frequency changer — the fee charged shall be 100 percent
greater than for the motor alone.
Each mercury arc lamp and equipment 50
Each range, water heater or clothes dryer installation 5.00
Each space heater or infrared heat installation 1 .00
Each stationary cooking unit, oven, or space heater 1 .00
Each gai"bage disposer, dishwasher, or fixed motor-operated appliance
not exceeding one-half horsepower 1 .00
Working lights in buildings in course of construction or undergoing
repairs, or where temporary lighting is to be used 2.00
Each incandescent electric sign 1 .00
Electric signs or outline lighting, luminous gas type with one to four
transformers 2.00
Additional transformers, each 25
Each rectifier and synchronous converter, per K.W 25
Each additional circuit for an accessory building or structure or other
electrical equipment 1 .00
Each service:
600 volts or less, not over 200 amperes 5.00
600 volts or less, over 200 amperes 7.50
(D) Table D-1. Plan-checking Fees (Excavation and Grading).
50 to 100 cubic yards 10.00
101 to 1000 cubic yards 15.00
1001 to 10,000 cubic yards 20.00
10,001 to 100,000 cubic yards— $20.00 for the first 10,000 cubic yards
plus $10 for each additional 10,000 cubic yards or fraction thereof
100,001 to 200,000 cubic yards— $1 10 for the first 100,000 cubic yards
plus $6 for each additional 10,000 cubic yards or fraction thereof
200,001 cubic yards or more— $170 for the first 200,000 cubic yards,
plus $3 for each additional 10,000 cubic yards or fraction thereof
Table D-2. Grading Permit Fees.
50 cubic yards or less 1 0.00
50 to 100 cubic yards 15.00
101 to 1000 cubic yards— $15 for the first 100 cubic yards,plus $7 for
each additional 1 00 cubic yards or fraction thereof
1001 to 10,000 cubic yards— $78 for the first 1000 cubic yards, plus $6
for each additional 1000 cubic yards or fraction thereof
10,001 to 100,000 cubic yards— $132 for the first 10,000 cubic yards,
plus $27 for each additional 10,000 cubic yards or fraction thereof
100,001 cubic yards or more— $375 for the first 100,000 cubic yards,
plus $15 for each additional 10,000 cubic yards or fraction thereof
Pernnit Extension Fee, Minimum 5.00
Alternate Approval Fee 25.00
Certificate of Occupancy 20.00
(7) Technical Service Fee.
(A) Any city or county may request technical assistance from the De-
partment. The assistance may include inspections or interpretation and
clarification of applicable regulations.
(B) Requests for this service shall be submitted to the Department in
writing. The fee shall be:
1. $39.00 for the first hour.
2. $19.50 for each additional 30 minutes or fractional part thereof.
NOTE: Authority cited: Secrions 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17966,Health and Safety Code.
History
1. Change without regulatory effect amending section heading and section filed
6-23-2004 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 26).
Article 4.
Construction, Additions,
Alterations
§ 22. Building Requirements.
Except as otherwise permitted or required by Division 13, Part 1.5 of
the Health and Safety Code, by this subchapter, and by other applicable
laws and regulations, all buildings and structures subject to this subchapt-
er shall comply with the regulations contained in the California Building
Code, Part 2, Title 24, California Code of Regulations.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17921, 17922, 18930, Health and
Safety Code.
History
. Change without regulatory effect amending article heading, section heading and
section filed 6-23-2004 pursuant to section 100, title 1, California Code of Reg-
ulations (Register 2004, No. 26).
§ 24. Foam Building Systems.
(a) General. Foam Building Systems except as otherwise provided in
this section shall comply with the requirements contained in Chapter
2-17 in Part 2, Title 24, California Code of Regulations.
Note: Chapter 2-17 of Title 24 adopts Chapter 17 of the 1979 Uniform Building
Code by reference. Specific Foam Plastics requirements may be found in Section
1717 of the 1979 UBC.
(b) Application and Scope. This section shall apply to all buildings
subject to the provisions of this subchapter. This section shall not apply
to plumbing fixtures, furnishings, floor coverings or contents of build-
ings.
(c) Effective Date. These regulations shall become applicable to the
selhng, offering for sale, or use in construction of buildings subject to this
part, in this state of any foam building system on and after the 1 80th day
after such standards become effective. The effective date of this section
is March 2, 1975.
(d) Non-Applicability. This section shall not apply to any building or
structure constructed prior to the 180th day after the effective date of
these regulations. (August 30, 1975)
(e) Definitions. In addition to the definitions contained in this sub-
chapter, the definitions contained in this section shall apply for purposes
of carrying out the administrative and enforcement responsibilifies of the
Department.
( 1 ) "Foam" means a material (foamed plastic) made by mixing organic
polymers with air or other gases in a manner that forms a solid substance
with holes filled with air or gas when the mixture is allowed to set.
(2) "Foam Building System" means a system of building materials
composed of, in whole or in part, of foam. It includes, but is not limited
to, all combinations of systems such as those composed of foam inserted
between and bonded to two boundary surface materials or those com-
posed exclusively of foam.
(3) "Manufacturer" is any person who produces "foam" or "foam
building systems" as defined in this section.
(f) Enforcement. Except as provided in Section 20 of this subchapter,
the Department shall administer and enforce the provisions of this sec-
tion related to foam building systems.
(1) The Department shall cause such inspections of the manufacture
of foam plastic building systems to be made as are necessary to secure
compliance with this section.
(2) For purposes of this section, the Department may utilize the ser-
vices of an approved testing agency and/or an approved listing agency.
(g) Listing and Labeling.
(1) Every foam system intended for on-site applicafion of foam shall
be identified with an approved label in a visible location, on all contain-
ers. Instructions for use shall accompany each shipment.
(2) Factory-provided "foam building systems" shall be identified with
an approved label in a visible location.
(3) All fabricated foam products shall be identified with an approved
label.
(4) Foam plastic interior trim shall be identified with an approved label
in a visible location.
(h) Department Disapproval of Listed or Labeled Foam or Foam
Building Systems. Foam or foam building systems shall not be accepted
by the Department when it determines that the foam or foam building sys-
tems, even though listed or labeled by an approved testing agency, are not
adequate for the protection of health, safety and the general welfare.
(i) Requirements for Approved Testing and/or Lisfing Agency. An ap-
proved testing and/or listing agency shall meet the following require-
ments of the Department when applicable.
(1) Provide a chart setting forth its organizational structure.
(2) Provide documented evidence showing the agency is in the busi-
ness of testing and/or listing of materials and systems similar to those de-
fined in this section.
Page 3
Register 2004, No. 26; 6-25-2004
§26
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) Provide a notarized statement certifying ttiat the agency has no pro-
prietary interest or management ties with the manufacturer or any subsid-
iary of that manufacturer.
(4) Provide a detailed outHne of how the in-plant inspections will be
performed and the frequency of these inspections.
(5) Provide an explanation of how discrepancies noted will be re-
corded and marked, and how corrections will be obtained.
(6) Provide details of how reports are to be made to the Department,
together with samples of forms to be used.
(7) Provide an explanation of how certification of foam or foam build-
ing systems will be made, and a sample of the listing label or other perti-
nent information.
(8) Advise the Department within 15 days of any change in address or
location.
(9) Keep current information and requirements related to matters gov-
erned by this section.
(10) An approved testing agency which does not list and label may be
used in conjunction with an approved listing agency, to perform the list-
ing and labeling required to certify a manufacturer's foam building sys-
tem.
(j) Approval. — Approved Testing and/or Listing Agency.
(1) Any testing or listing agency may officially request, in writing. De-
partment approval, by submitting the information required in subsection
(i) of this section, accompanied by a fee of $100.
(2) The Department shall:
(A) Acknowledge receipt of applications and fees.
(B) Review the applicant's submissions within a reasonable time and
advise the applicant of its approval or disapproval.
(k) Revocation of Approval. — Approved Testing and/or Listing
Agency.
The Department may revoke its approval of an approved testing or list-
ing agency for cause. The Department's revocation may be subject to ap-
peal.
NOTE: Authority cited: Sections 17003.5, 17920.9, 17921, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17920.9, 17921, Health and Safety
Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 26. Mechanical — Building Regulations.
Except as otherwise permitted or required by Division 13, Part 1.5, of
the Health and Safety Code, by this subchapter or by other applicable
laws and regulations, all buildings and structures subject to this subchapt-
er shall comply with the regulations contained in the California Mechani-
cal Code, Part 4, Title 24, California Code of Regulations.
Note: The provisions contained in the Unfired Pressure Vessel Safety Orders,
California Code of Regulations, Title 8, Part ] , Chapter 4, Subchapter 1 , except as
permitted or required by the Uniform Mechanical Code, when not otherwise sub-
ject to enforcement by the Division of Industrial Safety, Department of Industrial
Relations, shall apply to this subchapter.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17921, 17922, Health and Safety
Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to secition 100, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 28. Electrical — Building Regulations.
Except as otherwise permitted or required by Division 13, Part 1 .5, of
the Health and Safety Code, by this subchapter or by other applicable
laws arid regulations, all buildings and structures subject to this subchapt-
er shall comply with the regulations contained in the California Electrical
Code, Part 3, Title 24, California Code of Regulations.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17921. 17922, Health and Safety
Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 30. Plumbing — Building Regulations.
Except as otherwise permitted or required by Division 13, Part 1 .5, of
the Health and Safety Code, by this subchapter, or by other applicable
laws and regulations, all buildings and structures subject to the provi-
sions of this subchapter shall comply with the regulations contained in
the California Plumbing Code, Part 5, Title 24, California Code of Regu-
lations.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17921, 17922, Health and Safety
Code.
History
1. Change without regulatory effect amending section heading and section filed
6-23-2004 pursuant to section 100, title 1, California Code of Reeulations
(Register 2004. No. 26).
Article 5. Existing Buildings
§ 32. Space, Occupancy, and Maintenance.
Except as otherwise permitted or required by Health and Safety Code,
Division 1 3, Part 1 .5, this subchapter or by other applicable laws and reg-
ulations, and the provisions of the 1997 Edition of the Uniform Housing
Code, Chapters 4, 5, and 6, and Sections 701.2 and 701 .3, as adopted by
the International Conference of Building Officials, with the following
State amendments, are hereby incorporated by reference and shall apply
to buildings or structures subject to the provisions of this subchapter.
(a) HOT WATER is water supplied to plumbing fixtures at a tempera-
ture of not less than 1 10 degrees F (43.3 degrees C).
(b) MECHANICAL CODE is the California Mechanical Code con-
tained in Part 4, Title 24, California Code of Regulations.
(c) PLUMBING CODE is the California Plumbing Code contained in
Part 5, Title 24, California Code of Regulations.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Secfion 17922, Health and Safety Code.
History
1. Amendment filed 6-5-86; effecfive thirtieth day thereafter (Register 86, No.
23).
2. Amendment filed 5-24-89; operative 6-23-89 (Register 89, No. 22).
3. Amendment filed 9-21-92; operative 10-21-92 (Register 92, No. 39).
4. Amendment filed 4-28-95; operative 4-30-95 pursuant to Government Code
section 11343.4(d) (Register 95, No. 17).
5. Change without regulatory effect adding new subsection (a) designator and new
subsection (b) filed 7-1 0-95 pursuant to section 1 00, title 1 , California Code of
Regulafions (Register 95, No. 28).
6. Amendment filed 7-23-98; operative 8-22-98 (Register 98, No. 30).
7. Change without regulatory effect amending first paragraph filed 6-23-2004
pursuant to secfion 100, title 1, California Code of Regulations (Register 2004,
No. 26).
§ 34. Heating.
(a) Every dwelling unit and guest room used or offered for rent or lease
shall be provided with heating facilities capable of maintaining a mini-
mum room temperature of 70 degrees F at a point three feet above the
floor in all habitable rooms, and when the heating facilities are not under
the control of the tenant or occupant of the building owner and/or manag-
er, shall be required to provide that heat at a minimum temperature of 70
degrees F, 24 hours a day. These facilities shall be installed and main-
tained in a safe condition and in accordance with Chapter 37 of the Uni-
form Building Code, the Uniform Mechanical Code, and other applicable
laws. No unvented fuel burning heaters shall be permitted. All heating
devices or appliances shall be of the approved type.
(b) The provisions of Subsection (a) are subject to the exemption for
existing buildings provided in Section 103, of the Uniform Housing
Code.
(c) Those buildings and structures which are exempt from the require-
ments of Section 103 shall be provided with heat at a temperature as close
to 70 degrees F as the existing heating facilities are capable of providing
at a point three feet above the floor in all habitable rooms when the heat-
ing facilities are not under the control of the tenant.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17920.3, 17921 and 17922, Health
and Safety Code.
Page 4
Register 2004, No. 26; 6-25-2004
Title 25
State Housing Law and Earthquake Protection Law Regulations
§54
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section J 00, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 36. Rehabilitation and Repair.
Rehabilitation and repair of existing buildings and structures subject
to this subchapter shall also be subject to those requirements contained
in Division 13, Part 1.5 of the Health and Safety Code which are applica-
ble to rehabilitation and repair.
NOTE: Authority cited: Sections 17003.5, 17921, 17922(c), 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17922(c) and 17958.8, Health and
Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 38. Garbage Receptacles.
An adequate number of appropriate receptacles with close-fitting cov-
ers for garbage and rubbish as may be considered necessary by the en-
forcement agency shall be provided for the occupant of every dwelling
unit by the owner or operator of every structure or building subject to tliis
subchapter. Each receptacle shall be kept in a clean condition and in good
repair.
NOTE: Authority cited: Sections 17003.5, 17922, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17920.3 and 17922, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 1 00, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 40. Bedding.
In every apartment house or hotel subject to this part, held out for rent
and furnished with a bed and bedding, every part of every bed, including
the mattress, sheets, blankets, and bedding shall be kept in a clean, dry
and sanitary condition, free from filth, urine, or other foul matter, and
from the infection of lice, bedbugs, or other insects. The bed linen in a
hotel shall be changed before a new guest occupies the bed. In every
dwelling unit where linen is furnished, the linen shall be changed before
a new guest occupies the dwelling unit.
NOTE: Authority cited: Sections 17003.5, 17921, 17922, 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17920.3and 17922, Health and Safe-
ty Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 42. Caretaker.
A manager, janitor, housekeeper, or other responsible person shall re-
side upon the premises and shall have charge of every apartment house
in which there are 16 or more apartments, and of every hotel in which
there are 12 or more guest rooms, in the event that the owner of an apart-
ment house or hotel does not reside upon said premises. Only one care-
taker would be required for all structures under one ownership and on one
contiguous parcel of land. If the owner does not reside upon the premises
of any apartment house in which there are more than four but less than
16 apartments, a notice stating the owner's name and address, or the
name and address of the owner's agent in charge of the apartment house,
shall be posted in a conspicuous place on the premises.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17910-17995, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 44. Hotplates.
The use of hotplates existing in rooms prior to September 20, 1963,
shall be in accordance with the provisions of Section 17921.1 of the
Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17921.1, Health and Safety Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 46. Portable Fire Extinguishers.
Portable fire extinguishers shall be provided and maintained in every
apartment house and hotel. The number and type of portable fire extin-
guishers to be installed shall be determined by the enforcement agency.
However, the minimum requirements shall be as set forth in Title 19,
Chapter 1, Subchapter 3, California Code of Regulations.
NOTE: Authority cited: Sections 17003.5, 1792 1 , 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17921, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004. No. 26).
Article 6. Actions and Proceedings
§ 48. Access and Inspections.
Access for inspection and repair of buildings subject to the provisions
of this subchapter shall be as provided by Sections 17970, 17971, and
17972, of the Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
SafetyCode. Reference: Sections 17921, 17970, 17971, 17972, Health and Safety
Code.
§ 50. Abatement Actions.
Abatement actions instituted by an enforcement agency shall be in ac-
cordance with the provisions set forth in Article 3 (commencing with sec-
tion 17980) of Division 13, Part 1.5 of the Health and Safety Code.
NOTE: Authority cited: Secfions 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17980 thiough 17990, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 52. Abatement Procedure.
The procedures for abatement, prescribed by this article, or other pro-
cedures as determined by the enforcement agency to be equivalent for the
purpose intended, may be used.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559. Health and
Safety Code. Reference: Sections 17980 through 17990, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 54. Nuisances — Notices.
Whenever any building or portion thereof, has become substandard as
described in Section 17920.3 or is a building as described in 17920.10,
of the Health and Safety Code, and when determined to be a nuisance as
defined in Section 17920 of the Health and Safety Code by the enforce-
ment agency, the following shall apply:
The enforcement agency shall notify the owner of the building and any
mortgagee or beneficiary under any deed of trust, of record, as follows.
The notice shall state the conditions causing the building to become sub-
standard or in violation of Section 17920.10 of the Health and Safety
Code, and shall order the building, or portion thereof, vacated and shall
institute proceedings for the correction or abatement thereof, either by
demolition, closing or repair, within 30 days after the date of the notice.
If, in the opinion of the enforcement agency, these conditions can be cor-
rected or abated by repair thereof, the notice shall state the repairs which
will be required.
If the building is encumbered by a mortgage or deed of trust, of record,
and the owner of the building has not complied with the order of the en-
forcement agency on or before the expiration of 30 days after the mailing
and posting of the notice, the mortgagee or beneficiary under the deed of
trust may, within 1 5 days after the expiration of the 30-day period, com-
ply with the requirements of the order of the enforcement agency, in
which event the cost to the mortgagee or beneficiary shall be added to,
and become a part of, the lien secured by the mortgage or deed of trust,
and shall be payable at the same time and in the same manner as may be
prescribed in the mortgage or deed of trust for the payment of any taxes
Page 5
Register 2004, No. 26; 6-25-2004
§56
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
advanced or paid by the mortgagee or beneficiary for and on behalf of the
owner.
If the order of the enforcement agency has not been comphed with on
or before the expiration of 45 days after the mailing and posting of the
notice, the enforcement agency may institute an appropriate action or
proceeding to correct or abate the condition, as would be taken to correct
or abate any nuisance or any violation of any other provision of this ar-
ticle or, as an alternative procedure, the enforcement agency may insti-
tute proceedings for the abatement of the nuisance, after notice and hear-
ing, before the governing board of the agency as follows.
NOTE: Authoiity cited: Sections 17003.5, 17921. 50061.. S and .S0559. Health and
Safety Code. Reference: Sections 17921, 17980 and 17985, Health and Safety
Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, CahfomiaCode of Regulations (Register 2004, No. 26).
§ 56. Revolving Fund.
For the purpose of providing for the advancement of costs in the en-
forcement of the provisions of this article, any city or county may create
revolving fund or funds from which may be paid the costs of enforcing
the provisions of this article and into which may be paid the receipts from
the collection of costs or fines imposed in the enforcement thereof.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17951, Health and Safety Code.
§ 58. Manner of Giving Notice.
The notices required in Section 54 shall be given in the following man-
ner: The enforcement agency shall post conspicuously at least one copy
of the notice on the building alleged to have become substandard, and
shall send another copy by registered or certified mail, postage prepaid,
return receipt requested, to the person owning the land on which the
building is located, as that person's name and address appear on the last
equalized assessment roll, or as known to the clerk of the governing
board of the enforcement agency and to any mortgagee or beneficiary.
If the address is unknown to the enforcement agency, this fact shall be
stated in the copy so mailed and it shall be addressed to this person at the
county seat of the county where the property is situated.
The officer or employee of the enforcement agency upon giving the
notice, shall file an affidavit with the clerk of the governing board of the
enforcement agency, certifying the time and the manner in which the no-
tice was given along with any receipt card returned in acknowledgment
of the receipt of the notice by registered mail. The failure of any owner
or other person to receive the notice, shall not affect in any manner the
validity of any proceedings taken hereunder.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17980, 17985, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 60. Second Notice.
(a) If the enforcement agency determines to proceed with the abate-
ment of the nuisance through proceedings instituted before its governing
board, it shall give a second notice in the same manner as set forth in Sec-
tion 58 directing the owner of the building to appear before the governing
board of the enforcement agency at a stated time and place and show
cause why the building should not be condemned as a nuisance, and the
nuisance be abated as provided in this article. A copy of this notice shall
be mailed to each mortgagee or beneficiary under any deed of trust, of
record, in the manner prescribed in Section 58. The notice shall be headed
"Notice to Abate Nuisance" in letters of not less than three-fourths of an
inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at is hereby notified
to appear before (insert name of governing board) of the
■ (insert name of enforcement agency) at its meeting to be
, 20 , at (place of meeting) at the hour of
and show cause, if any, why the building should not be condemned as a
public nuisance and the nuisance be abated by reconstructing or properly
repairing the building or by razing or removing it.
Dated
(Name of enforcement agency)
By.
held
. o'clock m., or as soon thereafter as the owner may be heard.
(Name of officer)
(b) The officer or employee of the enforcement agency giving such no-
tice shall file an affidavit of posting and mailing in the manner required
by Section 62 hereof, but the failure to any owner or other required by
such notice shall not affect in any manner the validity of any proceeding
taken hereunder.
NOTE: Authority cited: Sections 1 7003.5, 1 792 1 , 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17980 and 17985, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 26).
§ 62. Hearing.
(a) At the time fixed in said notice, the governing board of the enforce-
ment agency shall proceed to hear the testimony of the officers or em-
ployees of the enforcement agency and the owner or his representafives,
if present at said hearing, and other competent persons who may be pres-
ent and desire to testify, respecting the condition of said building, the esfi-
mated cost of its reconstrucfion, repair or removal, and any other matter
which said governing body may deem pertinent thereto. Upon the con-
clusion of said hearing, said governing board may, by resolution, declare
its findings and, in the event that it so concludes, it may declare said
building to be a nuisance and direct the owner to abate the same within
30 days after the date of posting on said premises a notice of the passage
of said resolufion by having said building properly reconstructed or re-
paired, or having the same razed or removed and notifying said owner
that if said nuisance is not abated said building will be razed or removed
by the enforcement agency and the expense thereof made a lien on the lot
or parcel of land upon which said building is located.
(b) At any fime within 60 days after the passage of any resolution di-
recdng the abatement of a nuisance, the enforcement agency shall post
a copy thereof conspicuously on the building so declared to be a nuisance
and mail another copy by registered mail, postage prepaid, return receipt
requested, to the person owning the land on which the building is located
as such person's name and address appear on the last equalized asses-
sment roll or as known to the clerk of the governing board of such en-
forcement agency, and a copy of said notice shall be mailed to each mort-
gagee or beneficiary under any deed of trust, of record, at the last known
address of such mortgagee or beneficiary, and if such address is unknown
to the enforcement agency, then said fact shall be stated in said copy so
mailed and it shall be addressed to him at the county seat of the county
where said property is situated. The officer or employee of the enforce-
ment agency, upon giving nofice as aforesaid, shall file an affidavit there-
of in the manner provided for in SecUon 58 thereof. The governing board
of the enforcement agency may grant any extension of fime to abate said
nuisance that it may deem justifiable upon good cause therefore being
shown.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17980 and 17985, Health and Safety Code.
§ 64. Time to Bring Action.
Any owner or other interested person having any objecfions, or feeling
aggrieved at any proceedings taken by the governing board of the en-
forcement agency in ordering abatements of any nuisance, must bring an
action in a court of competent jurisdiction within 30 days after the date
of posting on said premises a notice of the passage of the resolution de-
claring the nuisance to exist to contest the validity of any proceedings
leading up to and including the adoption of the resolution; otherwise all
objections will be deemed to have been waived.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17980 and 17985, Health and Safety Code.
Page 6
Register 2004, No. 26; 6-25-2004
Title 25
State Housing Law and Earthquake Protection Law Regulations
§74
§ 66. Jurisdiction to Abate.
Thirty days after the posting of the copies of the resolution declaring
any building a nuisance, the enforcement agency shall be deemed to have
acquired jurisdiction to abate such nuisance by razing or removing the
building, unless the nuisance is abated by the owner or other person inter-
ested within the 30-day period or any extension thereof granted by the
governing board as provided for in this article. In the event that the nui-
sance is not abated within the time prescribed the enforcement agency
may thereupon raze and remove the building so declared to constitute a
nuisance or have the same done under its direction and supervision.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safely Code. Reference: Sections 17959.4. 17980 and 17985, Health and Safety
Code.
§ 68. Sale of Materials.
The building materials contained in such building so razed or removed
may be sold by the governing board at public sale to the highest responsi-
ble bidder after not less than five days notice of intended sale published
at least once in a newspaper of general circulation published in the city
or county wherein such building is located, either before or after said
building has been razed or removed and any amount received from the
sale of such building materials shall be deducted from the expense of raz-
ing or removing said building. The enforcement agency shall keep an
itemized account of the expense involved in the razing or removing of
any such building and shall deduct therefrom the amount received from
the sale of the building materials. The enforcement agency shall cause to
be posted conspicuously on the property from which the building was
razed or removed a statement verified by the officer of the enforcement
agency in charge of doing the work showing the gross and net expense
of the razing or removing of such building together with a notice of the
time and place when and where said statement shall be submitted to the
governing board of the enforcement agency for approval and confirma-
tion and at which time said governing board shall consider any objections
or protests, if any, which may be raised by any property owner liable to
be assessed for the cost of such work and any other interested persons.
A copy of said statement and notice shall be mailed in the manner pre-
scribed in Section 58 and an affidavit of such posting and mailing shall
be filed in the manner prescribed in said section. The time for confirma-
tion shall be not less than five days from the date of the posting and mail-
ing of said statement and notice.
NOTE: Authority cited: Sections 17003.5, 17921 , 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17951, Health and Safety Code.
§ 70. Statement of Expense.
(a) At the time fixed for the hearing of the statement of expense the
governing board of the enforcement agency shall consider the statement,
together with any objections or protests which may be raised by any of
the property owners liable to be assessed for doing the work and any other
interested persons; and thereupon said governing board may make such
revision, correction, or modification in the statement as it may deem just,
after which, by motion or resolution, said report as submitted, or in the
event any revisions, corrections or modifications have been ordered
made by said governing board then said statement as revised, corrected
or modified, shall be confirmed. The board may adjourn said hearings
from time to time and its decisions on said statement and on all protests
and objections which may be made shall be final and conclusive.
(b) In the event that the cost for razing or removing the nuisance ex-
ceeds the proceeds received from the sale of any materials, then the
amount of the net expense of abating the nuisance, if not paid within five
days after the decision of the governing board on its statement, shall con-
stitute a lien on the real property upon which the same was abated or re-
moved, which lien shall continue until the amount thereof and interest
thereon at the rate of 6 percent per annum, computed from the date of con-
firmation of the statement until paid, or until it is discharged of record.
This lien shall, for all purposes, be upon parity with the lien of State,
county, and municipal taxes. In the event of nonpayment, the governing
board shall, at any time within 60 days after the decision of the governing
board on the statement, cause to be filed in the office of the county record-
er of the county in which the property is located a certificate substantially
in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the undersigned by Division 1 3, Part
1.5 of the Health and Safety Code and California Code of Regulations,
Title 25, Chapter 1, Subchapter 1, of the State of California, the under-
signed did on the day of , 20 , cause a nuisance
to be abated on the real property hereinafter described; and the under-
signed did on the day of , 20 , by action duly re-
corded in its official minutes as of that date, assess the cost of the abate-
ment, less the amount received from the sale of any building materials
upon the real property hereinafter described, and the same has not been
paid nor any part thereof; and the (enforcement agency)
does hereby claim a lien on the real property for the net expense of the
doing of the work in the sum of $ , and the same shall be a lien
upon the real property until the sum, with interest at the rate of 6 percent
per annum, from the day of , 20 , (insert date of
confirmation of statement) has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is
claimed, is that certain piece or parcel of land lying and being in the City
of , County of , State of , and par-
ticularly described as follows:
Dated
(Name of enforcement agency)
By_
(Name of officer)
(c) From and after the date of the recording of said notice of lien all
persons shall be deemed to have had notice of the contents thereof The
statute of limitations shall not run against the right of the enforcement
agency to enforce the payment of said lien.
(d) In the event that the amount received from the sale of material ex-
ceeds the expenses of razing or removing such building, then such excess
shall be deposited with the treasurer of the enforcement agent to the credit
of the owner of said property or to such other person legally entitled
thereto, and such excess shall be payable to said owner or other person
on demand and upon producing evidence of ownership satisfactory to
said treasurer.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17951, Health and Safety Code.
History
1 . Change without regulatory effect amending subsection (b) filed 6-23-2004 pur-
suant to section 100, title 1, California Code of Regulations (Register 2004, No.
26).
Article 7. Penalties
§ 72. Penalties.
Any violation of this subchapter or of the Health and Safety Code, Di-
vision 13, Part ].5, commencing with Section 17910 (State Housing
Law) shall be subject to the penalties as set forth in Section 17995 of the
Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17921, 17995, 50061.5 and 50559,
Health and Safety Code. Reference: Section 17995, Health and Safety Code.
Article 8. Regulations for Limited Density
Owner-Built Rural Dwellings
§ 74. Purpose.
The purpose of this article is to provide minimum requirements for the
protection of life, limb, health, property, safety, and welfare of the gener-
al public and the owners and occupants of limited density owner-built
rural dwellings and appurtenant structures. It is also the expressed pur-
pose of this article to conform the regulations regarding the construction
and use of limited density, rural owner-built dwellings and appurtenant
Page?
Register 2004, No. 26; 6-25-2004
§76
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
structures to the requirements of Article J, Section 1, ol" the California
State Constitution, and the statutes of the State of California which re-
quire the department to consider the uniform model codes and amend-
ments thereto; and local conditions, among which are conditions of to-
pography, geography and general development; and to provide for the
health, safety and general welfare of the public in adopting building stan-
dards. Any section, subsection, sentence, clause, or phrase of this article
if, for any reason, held to be unconstitutional, or contrary to California
statutes, such ruling shall not affect the validity of the remaining portions
of this article.
NOTE: Authority cited: Sections 1 7003.5, 1 7921 , 5006 1 .5 and 50559, Health and
Safety Code. Reference: Section 17921. Health and Safety Code.
§ 76. Intent and Application.
The provisions of this article shall apply to the construction, enlarge-
ment, conversion, alteration, repair, use, maintenance, and occupancy of
limited density owner-built rural dwellings and appurtenant structures.
It is the intent of this article that the requirements contained herein
shall apply to seasonally or permanently occupied dwellings, hunting
shelters, guest cottages, vacation homes, recreational shelters and de-
tached bedrooms located in rural areas.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17921, Health and Safety Code.
§ 78. Definitions.
For the purposes of this article the following definitions shall apply:
"Limited density, rural dwelling." A "limited density, rural dwelling"
is any structure consisting of one or more habitable rooms intended or de-
signed to be occupied by one family with facilities for living and sleep-
ing, with use restricted to rural areas that fulfill the requirements of this
article.
"Owner built."
(a) "Owner built" shall mean constructed by any person or family who
acts as the general contractor for, or the provider of, part or all of the labor
necessary to build housing to be occupied as the principal residence of
that person or family, and not intended for sale, lease, rent or employee
occupancy.
(b) For the purposes of this article the sale, lease, renting (see local au-
thority Section 82(b)) or employee occupancy of owner-built structures
in one year of issuance of a Certificate of Occupancy shall be presump-
tive evidence that the structure was erected for the purpose of sale, lease,
or renting.
"Rural." For the purpose of this article only, "rural" shall mean those
unincorporated areas of counties designated and zoned by the appropri-
ate local agency for the application of this article. In defining "rural," the
agency shall consider local geographical or topographical conditions,
conditions of general development as evidenced by population densities
and availability of utihties or services, and such other conditions that the
agency deems relevant to its determination.
Suitable areas may include those wherein the predominate land usage
is forestry, timber production, agriculture, grazing, recreation, or conser-
vation.
NOTE; Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17922(b), Health and Safety Code.
§ 80. Local Standards.
Pursuant to Sections 17958, 17958.5, and 17958.7 of the Health and
Safety Code, the governing body of every jurisdiction in which there ex-
ist rural areas displaying conditions appropriate for the application of this
article and designated as such by the appropriate local agency shall adopt
regulations imposing the same requirements as are contained in this ar-
ticle.
NOTE: Authority cited: Sections 17003.5, 17921 , 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17958.2 and 17922(b), Health and Safety Code.
§ 82. Regulation of Use.
(a) For the purposes of this article the sale, lease, renting or employee
occupancy of owner-built structures within one year of the issuance of
a Certificate of Occupancy shall be presumptive evidence that the struc-
ture was erected for the purpose of sale, lease or renting.
(b) The restrictions of this article on the sale, lease, renting, or em-
ployee occupancy of these dwelhngs may be reasonably amended to be
more restrictive if the governing body determines that such an amend-
ment is necessary to ensure compliance with the intent of this article.
NOTE: Authority cited: Sections 1 7003.5, 17921, 50061 .5 and 50559. Health and
Safety Code. Reference: Sections 17921 and 17958.2, Health and Safety Code.
§ 84. Abatement of Substandard Buildings.
All structures or portions thereof which are determined by the enforc-
ing agency to constitute a substandard building shall be declared to be a
public nuisance and shall be abated by repair, rehabilitation, or removal
in accordance with Health and Safety Code Sections 17980 through
17995. In cases of extreme hardship to owner-occupants of the dwell-
ings, the appropriate local body should provide for deferral of the effec-
tive date of orders of abatement.
NOTE; Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections ] 7980 through 1 7995, Health and Safety Code.
§ 86. Petitions for Interpretations.
Any person or local agency may petition the Department for an inter-
pretation of any provision of this article. Petitions shall be submitted in
writing, after which the Department may consider such requests and the
Department may make a determination as to the meaning or intent of any
provision of this article with respect to the petition in question. The con-
sideration of petitions for interpretation shall be discretionary with the
Department.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17930, Health and Safety Code.
§ 88. Interpretation.
Interpretations by the Department as to the meaning, intent, or applica-
tion of the provisions of this article are not intended to preempt the exer-
cising of building or housing appeals processes established by Sections
1 7930-17932 of the Health and Safety Code, but are intended to facilitate
public understanding and the effective enforcement of this article.
NOTE; Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17930, Health and Safety Code.
§ 90. Notice of Findings.
The Department shall keep a record of all interpretations made by the
Commission which shall be available for review by the public or any gov-
ernmental agency and shall provide notice to the petitioner(s) of the De-
partment's findings.
NOTE; Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17930, Health and Safety Code.
§ 92. Recording.
No provision of this article is intended to prohibit or limit a local gov-
erning body from establishing and enforcing reasonable regulations for
the recording of information regarding the materials, methods of con-
struction, alternative facilities, or other factors that may be of value in the
full disclosure of the nature of the dwelling and appurtenant structures.
NOTE; Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17958.5, Health and Safety Code.
§ 94. Violations.
The critical concern in the promulgation of this article is to provide for
health and safety while maintaining respect for the law and voluntary
compliance with the provisions of this article, and therefore, in the event
that an order to correct a substandard condition is ignored, it is the intent
of this section that civil abatement procedures should be the first remedy
pursued by the enforcement agency.
NOTE; Authority cited: Sections 17003.5, 17921, 17980, 50061.5 and 50559,
Health and Safety Code. Reference: Section 17980, Health and Safety Code.
§ 96. Permits.
Permits shall be required for the construction of rural dwellings and
appurtenant structures. The application, plans, and other data filed by an
applicant for such permit shall be reviewed by the appropriate enforce-
ment agency to verify compliance with the provisions of this article.
When the enforcement agency determines that the permit application and
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State Housing Law and Earthquake Protection Law Regulations
§122
other data indicate that the structure(s) will comply with the provisions
of this article, the agency shall issue a permit therefore to the applicant.
Exemptions: Permits shall not be required for small or unimportant work, or alter-
ations or repairs that do not present a health or safety hazaid, and which are in con-
formance with local zoning requirements or property standaids. The determina-
tion, if any, of what work is properly classified as small or unimportant or without
relation to health and safety hazards is to be made by the appropriate local agen-
cies.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17922(b), Health and Safety Code.
§ 98. Application.
To obtain a permit, the applicant shall first file an application therefore
with the designated enforcement agency. Permit applications shall con-
tain the following information: (1) name and mailing address of the appli-
cant; (2) address and location of the proposed strLicture(s); (3) a general
description of the structure(s) which shall include mechanical installa-
tions with all clearances and venting procedures detailed, electrical in-
stallations, foundation, structural, and construction details; (4) a plot plan
indicating the location of the dwelUng in relation to property lines, other
structures, sanitation and bathing facilities, water resources, and water
ways; (5) approval for the installation of a private sewage disposal sys-
tem or alternate waste disposal means from the local health enforcement
agency; (6) a stipulation by the apphcant that the building or staicture is
to be owner-built; (7) the signature of the owner or authorized agent; (8)
the use or occupancy for which the work is intended; (9) and any other
data or information as may be required by statute or regulation.
NOTE: Authority cited: Sections 17003.5, 17921 , 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17922(b), Health and Safety Code.
§100. Plans.
Plans shall consist of a general description of the structure(s), includ-
ing all necessary information to facilitate a reasonable judgment of con-
formance by the enforcing agency. This may include a simplified dia-
gram of the floor plan and site elevation in order to determine the
appropriate dimensions of structural members. Architectural drawings
and structural analyses shall not be required except for structures of com-
plex design or unusual conditions for which the enforcement agency can-
not make a reasonable judgment of conformance to this article based
upon the general description and simplified plan(s).
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17951(d), Health and Safety Code.
§102. Waiver of Plans.
The enforcement agency may waive the submission of any plans if the
agency finds that the nature of the work applied for is such that the re-
viewing of plans is not necessary to obtain compliance with this article.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17951(d), Health and Safety Code.
§104. Modifications.
Modifications to the design, materials, and methods of construction
are permitted, provided that the structural integrity of the building or
structure is maintained, the building continues to conform to the provi-
sions of this article and the enforcement agency is notified in writing of
the intended modification.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17951, Health and Safety Code.
§106. Permit Validity.
Permits shall be vahd, without renewal, for a minimum period of three
years.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17921, Health and Safety Code.
§108. Inspections.
All construction or work for which a permit is required may be subject
to inspection by the designated enforcement agency. If an inspection is
required, the inspection of the building or structure(s) shall be conducted
after the structure(s) is completed and ready for occupancy, in order to
determine compliance with the provisions of this article. Structures of
conventional or simple construction shall be inspected at a single inspec-
tion.
NOTE: Authority cited: Sections 1 7003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17970, Health and Safety Code.
§110. Special Inspections.
Additional inspections may be conducted under the following circum-
stances: An inspection may be conducted where there is a reasonable ex-
pectation that the footing will be subjected to serious vertical or lateral
movement due to unstable soil conditions; or the application indicates
that interior wall coverings or construction elements will conceal under-
lying construction, electrical or mechanical systems; or where an uncon-
ventional construction method is indicated which would preclude exami-
nation at a single inspection.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17970, 17953, 17954 and 17955, Health and
Safety Code.
§ 1 1 2. Inspection Waivers.
Inspections may be waived by the enforcement agency for structures
which do not contain electrical or mechanical installations or for alter-
ations, additions, modifications, or repairs that do not involve electrical
or mechanical installations; or where the applicant stipulates in writing
that the work has been conducted in compliance with the permit applica-
tion and the provisions of this article.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17970. Health and Safety Code.
§ 114. inspection Requests and Notice.
It shall be the duty of the applicant to notify the enforcement agency
that the construction is ready for inspection and to provide access to the
premises. Inspections shall be requested by the applicant at least (48)
hours in advance of the intended inspection. It shall be the duty of the en-
forcement agency to notify or inform the applicant of the day during
which the inspection is to be conducted.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17970, Health and Safety Code.
§ 1 1 6. Certificate of Occupancy.
After the structure(s) is completed for occupancy and any inspections
which have been required by the enforcing agency have been conducted,
and work approved, the enforcement agency shall issue a Certificate of
Occupancy for such dwelling(s) and appurtenant structure(s) which
comply with the provisions of this article.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17958, Health and Safety Code.
§ 1 1 8. Temporary Occupancy.
The use and occupancy of a portion or portions of a dwelling or appur-
tenant structure prior to the completion of the entire structure shall be al-
lowed, provided that approved sanitary facilities are available at the site
and that the work completed does not create any condition to an extent
that endangers hfe, health or safety of the public or occupants. The occu-
pants of any such uncompleted structure shall assume sole responsibility
for the occupancy of the structure or portion thereof.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17921, Health and Safety Code.
§120. Fees.
Fees may be required and collected by the enforcement agency to pro-
vide for the cost of administering the provisions of this article. It is the
intent of this article that permit and inspecfion fee schedules be estab-
lished to reflect the actual inspecfion and administrative costs resulting
from the application of this arficle.
NOTE: Authority cited: Sections 17003.5, 17921, 17952(b), 50061.5 and 50559,
Health and Safety Code. Reference: Sections 17951 and 17952(b), Health and
Safety Code.
§ 122. General Requirements.
(a) Each structure shall be constructed in accordance with applicable
requirements contained in Subchapter 2-12, Title 24, California Code of
Regulafions.
(b) Each structure shall be maintained in a sound structural condifion
to be safe, sanitary, and to shelter the occupants from the elements.
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§124
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE; Authority cited: Sections 1 7003.5, ] 792 1 , 50061 .5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17922. Health and Safety Code.
History
1 . Change without regulatory effect amending subsection (a) filed 6-23-2004 pur-
suant to section 1 00. title 1 , California Code of Regulations (Register 2004, No.
26).
§ 124. Intent of General Requirements.
It shall be the purpose and intetu of this article to permit the use of inge-
nuity and preferences of the builder, and to allow and facilitate the use
of alternatives to the specifications prescribed by the uniform technical
codes to the extent that a reasonable degree of health and safety is pro-
vided by such alternatives, and that the materials, methods of construc-
tion, and structural integrity of the structure shall perform in application
for the purpose intended. To provide for the application of this article, it
shall be necessary for the enforcement agency to exercise reasonable
judgment in determining the compliance of appropriate structures with
the general and specific requirements of this article.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Sections 17921 and 17923, Health and Safety Code.
§ 126. Technical Codes to Be a Basis of Approval.
Except as otherwise required by this article, dwellings and appurtenant
staictures constructed pursuant to this part need not conform with the
construction requirements prescribed by the latest applicable editions of
the Uniform Building, Plumbing, and Mechanical Codes, the National
Electrical Code, or other applicable technical codes; however, it is not the
intent of this section to disregard nationally accepted technical and scien-
tific principles relating to design, materials, methods of construction, and
structural requirements for the erection and construction of dwelling and
appurtenant structures as are contained in the uniform technical codes.
Such codes shall be a basis for approval.
NOTE: Authority cited: Sections 17003.5, 17921 . 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17922, Health and Safety Code.
§128. Mechanical Requirements.
Fireplaces, heating and cooking appliances, and gas piping installed
in buildings constructed pursuant to this article, shall be installed and
vented in accordance with the applicable requirements contained in the
California Mechanical Code, Part 4, Title 24, California Code of Regula-
tions.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17922, Health and Safety Code.
History
1. Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 100, title 1, California Code of Regulafions (Register 2004, No. 26).
§ 130. Electrical Requirements.
No dwelling or appurtenant structure constructed pursuant to this ar-
ticle shall be required to be connected to a source of electrical power, or
wired, or otherwise fitted for electrification, except as set forth in Section
132.
NOTE; Authority cited: Secfions 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17922, Health and Safety Code.
§132. Installation Requirements.
Where electrical wiring or appliances are installed, the installation
shall be in accordance with the applicable requirements contained in the
California Electrical Code, Part 3, Title 24, California Code of Regula-
tions.
Exceptions to Installation Requirements. In structures where electrical
usage is confined to one or more rooms of a structure, the remainder of
the structure shall not be required to be wired or otherwise fitted for elec-
trification unless the enforcement agency determines the electrical de-
mands are expected to exceed the confinement and capacity of that
room(s). In these instances, the enforcement agency may require further
electrification of the structure.
It is the intent of this subsection to apply to buildings in which there
exists a workshop, kitchen, or other single room which may require elec-
trification, and where there is no expectation of further electrical de-
mand. The enforcement agency shall, at the time of a permit application
or other appropriate point, advise the applicant of the potential hazards
of violating this section.
NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and
Safety Code. Reference: Section 17922, Health and Safety Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to seciiion 100, title 1 , California Code of Regulations (Register 2004, No. 26).
§ 134. Plumbing Requirements.
Plumbing equipinent and installation shall be in accordance with the
applicable requirements contained in the California Plumbing Code, Part
5, Title 24, California Code of Regulations applicable to the construction
of liinited density owner-built rural dwellings.
NOTE: Authority cited: Sections 17003.5, 17921, 50061 .5 and 50559, Health and
Safety Code. Reference: Section 17922, Health and Safety Code.
History
1 . Change without regulatory effect amending section filed 6-23-2004 pursuant
to section 1 00, title 1 , California Code of Regulations (Register 2004, No. 26).
Subchapter 2.
Earthquake Protection Law
Regulations
§ 500. Administration and Enforcement Fees.
General. The Earthquake Protection Law is set forth in the Health and
Safety Code, Division 13, Part 3 (Sections 19100-19170). Any person
submitting an application for a permit to construct shall pay appropriate
fees as set forth in Section 20 of Title 25, Part 1, Chapter 1, Subchapter
2, California Administrative Code.
NOTE: Authority cited: Section 50559, Health and Safety Code. Reference: Sec-
tion 17921, Health and Safety Code (State Housing Law) and Sections 19124 and
19132.5, Health and Safety Code.
History
1 . New subchapter filed 7-24-70 as an emergency; effective upon filing (Register
70, No. 30).
2. Certificate of Compliance — Government Code Section 1 1422.1, filed 1 1-9-70
(Register 70, No. 46).
3. Amendment and renumbering of Section 1210 to Section 500 filed 8-27-80 as
procedural and organizaUonal; effective upon filing (Register 80, No. 35).
4. Amendment filed 11-25-80 as procedural and organizational; effecfive upon
filing (Register 80, No. 48).
Subchapter 3. Employee Housing*
'"Employee Housing Regulations (formerly Chapter 2, Sections 2000-2098, not
consecutive) were repealed and adopted in amended form as Chapter 1, Sub-
chapter 3 (Sections 600-940, not consecutive, and Appendix A). The number-
ing will appear out of sequence in Chapter 1 until later revisions in Title 25.
Article 1. Application and Scope
§ 600. Application and Scope.
(a) Application and scope of this subchapter is governed by Sections
17020, 1702L 17023 and 17024 of the Health and Safety Code.
(b) The provisions of this subchapter do not apply to backstretch hous-
ing or living quarters provided at race tracks for persons engaged in the
training or care of race horses.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17020, 17021, 17023 and 17024, Health and
Safety Code.
History
L New Subchapter 3 ( §§ 1300, 1302, 1304) filed 12-3-70; effecfive thirtieth day
thereafter (Register 70, No. 49).
2. Repealer of Subchapter 3 (§§ 1300, 1302, 1304) filed 2-4-77 as procedural and
organizational; effective upon filing (Register 77, No. 6). For prior history, see
Register75, No. 23.
3. New Subchapter 3 (Sections 600-940, not consecutive, and Appendix A) filed
3-14-78 (formerly Chapter 2, Sections 2000-2098, not consecutive); effective
thirtieth day thereafter (Register 78, No. 1 1). Approved by the Building Stan-
dards Commission 12-12-77. For prior history see Register 71, No. 6; Registers
73, No. 4, No. 17, No. 25 and No. 34; Registers 75, No. 3, No. 23, No. 30, and
No. 48; and Register 77, No. 5.
4. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
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Register 2004, No. 26; 6-25-2004
Title 25
State Housing Law and Earthquake Protection Law Regulations
§621
5. Editorial correction repealing Article 1 (Sections 600-604, not consecutive) and
adding new Article 1 (Section 600) filed 1 J-18-82 (Register 82, No. 47).
Article 2. Definitions
§610. Definitions.
The definitions applicable to this subchapter in addition to those set
forth in Sections 1 7003-1 701 2 of the Health and Safety Code and in Title
24, Parts 2, 3, 4 and 5, California Administrative Code are as follows:
Agricultural Employer. An "agricultural employer" as defined in Sec-
tion 1 140.4 of the Labor Code.
Dairy Labor Camp. A labor camp eligible for an exemption pursuant
to Section 17031 of the Health and Safety Code.
Employee Community Housing. Employee housing eligible for an ex-
emption pursuant to Sections 17005.5 and 17031.3 of the Health and
Safety Code.
Labor Camp. In addition to the provisions of Health and Safety Code
Section 17008, a "Labor Camp" shall include but is not limited to that
portion or unit of any housing accommodation or structure which is occu-
pied on a temporary, seasonal, or permanent basis by a total of five (5)
or more agricultural workers of any agricultural employer or employers,
whether or not such an accommodation or structure is maintained in con-
nection with any work or workplace. Only those dwelling units in an ac-
commodation or structure which, when taken together, are occupied by
the five or more employees of any agricultural employer or employers are
subject to this subchapter. To the extent that an accommodation or stmc-
ture containing one or more units subject to this subchapter is also held
out for hire to the public, and is therefore generally subject to the State
Housing Law (Health and Safety Code Section 17910, et seq.), the units
occupied by the five or more employees of any agricultural employer or
employers shall be subject to this subchapter; however, if the existence
or absence of a particular condition directly or indirectly affects any other
tenant of the same structure or accommodation and would be a violation
of the State Housing Law, all the units subject to this subchapter shall be
subject to the standards of the State Housing Law for the purposes of the
existence or absence of that condition.
Mess Hall Kitchen. A room or portion of a room used or intended to
be used as a kitchen in conjunction with a mess hall.
NOTE: Authority cited: Sections 1 7003.5 and 1 7050, Health and Safety Code. Ref-
erence: Sections 17005.5, 17008, 17031 and 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction filed 11-18-82 (Register 82, No. 47).
4. Amendment filed 3-6-85; effective thirtieth day thereafter (Register 85, No.
10).
5. Amendment filed 8-7-86; effective thirtieth day thereafter (Register 86, No.
32).
Article 3. Administration and Enforcement
§ 620. Enforcement.
Enforcement of this subchapter shall be governed by Sections 17050,
17051 and 17052 of the Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17050. 17051 and 17052, Health and Safety
Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80. No. 1 ). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 621. Local Assumption of Enforcement Responsibility.
(a) The assumption of responsibility for the enforcement of the Em-
ployee Housing Act and the provisions of this subchapter by a city,
county, or city and county shall be by means of any official ordinance,
resolution or minute order of the city council or board of supervisors
which shall contain the following information:
(1 ) The indication of request for assumption of responsibility for the
enforcement of the Employee Housing Act and this subchapter.
(2) The name of the agency, department or departments designated re-
sponsibility for administration and enforcement.
(3) The effective date desired for assumption of enforcement responsi-
bilities.
(4) The fee schedule to be used by enforcement agency.
(b) Two certified copies of the ordinance, resolution or minute order
shall be forwarded to the department not less than 180 days prior to the
[The next page is 11.]
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Title 25
State Housing Law and Earthquake Protection Law Regulations
§626
date of desired assumption of enforcement responsibility in order to fa-
cilitate the qualification of the appointed enforcement agency. Said as-
sumption date shall be designated as either January 1 or July 1 following
the notification and the approval by the department.
(c) The department shall acknowledge receipt of the request for as-
sumption of enforcement responsibility and shall advise the local en-
forcement agency to apply for the approval.
(d) Prior to approval, the personnel designated to perform labor camp
or employee community housing inspections shall demonstrate actual in-
spection capabilities to the satisfaction of the department.
(e) The department shall advise the local jurisdictions of the accepted
effective date upon the approval of the inspection personnel. The depart-
ment will forward to the local jurisdiction a list of all the labor camps and
employee community housing with permits to operate on the effective
date together with the inspection reports and the pertinent data as re-
quired.
(f) Every city, county, or city and county which has been approved by
the department for the enforcement of the Employee Housing Act, shall
enforce all of the provisions of this subchapter.
(g) Every city, county, or city and county which assumes responsibil-
ity for enforcement of the Employee Housing Act shall comply with all
of the provisions of chapter 5.5 of this division, beginning with section
5802, regarding verification of the eligibility of applicants for permits to
operate labor camps to receive public benefits.
(h) All local enforcement agencies shall be evaluated by the depart-
ment annually.
(i) The department may revoke its approval of a local enforcement
agency for cause.
NOTE: Authority cited: Sections 1 7003.5 and 1 7050, Health and Safety Code. Ref-
erence: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 17050, Health and
Safety Code.
HrSTORY
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of subsections (a) and (0 filed 1 1-18-82 (Register 82, No.
47).
3. New subsection (g), subsection relettering and amendment of Note filed
3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certifi-
cate of Compliance must be transmitted to OAL by 8-4-98 or emergency lan-
guage will be repealed by operation of law on the following day.
4. New subsection (g), subsection relettering and amendment of Note refiied
8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate
ofCompliance must be transmitted to OAL by 12-2-98 or emergency language
will be repealed by operation of law on the following day.
5. Certificate ofCompliance as to 8-4-98 order transmitted to OAL 12-1-98 and
filed 1-14-99 (Register 99, No. 3).
§ 623. Filing of Complaints.
(a) The provisions of this subchapter for filing complaints are gov-
erned by Sections 17053, 17054, and 17055 of the Health and Safety
Code.
(b) A copy of all complaints received by a local enforcement agency
shall be submitted to the Department of Housing and Community Devel-
opment, Division of Codes and Standards, at its administrative office.
The copies of all written reports issued on all complaints will also be sub-
mitted to the department until the complaint is resolved.
Note: The final appeal authority when the appeal relates to a building standard
is the State Building Standards Commission. Secdon 18945, Health and Safety
Code.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17053, 17054 and 17055, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1 ). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 624. Information Notice.
(a) An appropriate notice in English and Spanish, prepared by the de-
partment, shall be posted in all occupied labor camps or employee com-
munity housing.
(b) The notice will outline the basic requirements of the Employee
Housing Act which relate to maintenance, use and occupancy of a labor
camp or employee community housing.
(c) The enforcement agency shall obtain the number of notices neces-
sary from the department.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050. Health and Safety
Code. Reference: Sections 17040 and 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate ofCompliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate ofCompliance included.
3. Editorial conection of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 625. Posting of Notices.
(a) The enforcement agency shall post such notice or require the camp
or employee community housing operator to post such notice, in one or
more conspicuous central locations accessible to the occupant housed
within the labor camp or employee community housing.
(b) The notice shall include a notation prepared by the enforcement
agency giving the following information.
(!) Name of enforcement official to contact.
(2) Name of the enforcement agency.
(3) Address of enforcement agency's office to be contacted.
(4) Telephone number for contacting the responsible agency person-
nel.
(c) The required notice shall remain posted during all periods in which
the labor camp or employee community housing is occupied.
(d) A bulletin board securely attached to the wall or a suitable wall sur-
face shall be designated for the purpose of posting required notices.
NOTE; Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Sections 17040 and 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate ofCompliance included.
3. Editorial correcfion of NOTE filed 1 1-18-82 (Register 82, No. 47).
4. Amendment of subsection (a) filed 3-6-85; effective thirtieth day thereafter
(Register 85, No. 10).
§ 626. Operator's Responsibility.
(a) Every labor camp whether occupied or not, with a valid permit to
operate or employee community housing shall comply with those por-
tions of this subchapter specifically applicable to them except that porta-
ble equipment, which is actually moved or can easily be moved from one
place to another in normal use, need not be maintained in an unoccupied
labor camp.
(b) The person owning a labor camp or employee community housing
shall also be considered to be the operator of a labor camp, even though
the property and facilities comprising the labor camp or employee com-
munity housing may be leased to another person. A person is any individ-
ual, company, society, firm, partnership, association or corporation.
(c) Where a labor camp or employee community housing is located on
property owned by any governmental agency, a lessee shall also be con-
sidered to be the operator of a labor camp or employee community hous-
ing if he or she has leased the property and facilities comprising the labor
camp or employee community housing.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17036, 17040 and 17050, Health and Safety
Code.
HtSTORY
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1 ). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effecfive upon filing (Register 80,
No. 18). Certificate ofCompliance included.
3. Editorial correcfion filed 1 1-18-82 (Register 82, No. 47).
4. Amendment of section heading filed 3-6-85; effective thirtieth day thereafter
(Register85, No. 10).
Page 11
Register 99, No. 3; 1-15-99
§627
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 627. Responsible Person.
The name, address and telephone number of the responsible person as
set forth in Section J 7038 of the Health and Safety Code shall be posted
in a conspicuous place on the premises if he or she does not reside on or
is not available on the premises.
NOTE: Authority cited: Sections 17003.5 and 17040. Health and Safety Code. Ref-
erence: Section 17038, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). ACertificateof Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of NOTE filed 1 1-1 8-82 (Register 82, No. 47).
§ 628. Occupant's Responsibility.
Every occupant of a labor camp or employee community housing shall
properly use the facilities furnished and shall comply with the relevant
maintenance and sanitation provisions of this subchapter.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). ACertificateof Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction of NOTE filed 11-1 8-82 (Register 82, No. 47).
4. Amendment filed 3-6-85; effective thirtieth day thereafter (Register 85, No.
10).
Article 4. Permits and Fees and
Compliance
Subarticle 1.
§ 631 . Application for a Permit to Operate a Labor Camp.
(a) Application for a permit to operate a labor camp shall be made to
the enforcement agency at least 45 days prior to the date of initial occu-
pancy and shall be on the forms supplied by the enforcement agency and
shall contain at least the following information:
(1) The name and address and telephone numbers of the camp owner
and operator.
(2) The location of the camp.
(3) Approximate number of occupants to be housed.
(4) A description of the facilities comprising the camp.
(5) Approximate dates of occupancy.
The operator shall obtain an amended permit to operate when there is
any change in the foregoing information applicable to the labor camp.
(b) The provisions of Section 17032 shall not apply to labor camps
owned or operated by railroad corporations. Application for a permit to
operate a labor camp owned or operated by a railroad corporation shall
be made to the Department of Housing and Community Development
within 30 days of initial occupancy and shall contain at least the follow-
ing information:
(1) The name and address and telephone numbers of the camp owner
and operator.
(2) The present location of the camp.
(3) The present approximate number of occupants to be housed.
(4) A description of the present facilities comprising the camp.
(5) Approximate dates of present occupancy. An amended permit
shall not be required if there is any change in the foregoing information
applicable to the railroad labor camp, provided, however, the railroad
corporation shall make such information available to the department
upon reasonable request.
(c) Every application shall be accompanied by evidence of compliance
with all local planning requirements. For the purposes of this section, la-
bor camps having a permit to operate for the preceding year, or registered
in accordance with the provisions of the Health and Safety Code in effect
prior to January 1 , 1975, shall be deemed to comply with the local plan-
ning requirements.
(d) Application forms, permits to operate, and amended permits to op-
erate issued by a local enforcement agency shall be in conformity with
state applications and permits. Whenever a local enforcement agency is-
sues a permit to operate, a copy of the application and permit shall be sent
to the Department of Housing and Community Development, Division
of Codes and Standards, at its administrative office, by the 10th day of
the month following the issuance of the permit to operate.
(e) Permit to Operate. Every person intending to operate a labor camp
for any period of time within any calendar year shall file an application
and submit appropriate fees to the enforcement agency for a permit to op-
erate at least 45 days prior to the date of initial occupancy.
(f) When applying for a permit, the applicant stipulates to acceptance
of service of any notice or process at the address shown on the application
or shall designate otherwise on the permit application.
(g) When applying for a permit, the applicant shall present to the en-
forcement agency documentation necessary to demonstrate the appli-
cant's eligibility to receive public benefits pursuant to chapter 5.5 of this
division, beginning with section 5802.
(h) When emergency conditions make it necessary to provide emer-
gency living facilities for the work crews, the person responsible for pro-
viding such housing shall notify the enforcement agency within five days
after occupancy. Fees for the inspection of the emergency living facilities
shall be paid as provided in Section 644 for reinspections.
(i) An application will not be deemed submitted until it is completed.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections
17032 and 17033, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial con-ecfion of NOTE filed 11-18-82 (Register 82, No. 47).
3. New subsecdon (g), subsection relettering and amendment of Note filed
3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certifi-
cate of Compliance must be transmitted to OAL by 8-4-98 or emergency lan-
guage will be repealed by operation of law on the following day.
4. New subsection (g), subsection relettering and amendment of NOTE refiled
8-^-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.
5. Editorial correction restoring inadvertently omitted subsection (d) (Register 98,
No. 34).
6. Certificate of Compliance as to 8-4-98 order, including amendment of subsec-
tion (g), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
§ 632. Permit to Operate.
History
1 . Editorial correction repealing Section 632 filed 1 1-18-82 (Register 82, No. 47).
§ 633. Exemption for Employee Community Housing.
(a) An application for exemption for employee community housing
shall be made to the enforcement agency at least 45 days prior to the date
upon which the exemption is desired, and shall be granted by the enforce-
ment agency pursuant to Section 1703 L3 of the Health and Safety Code.
(b) An application for exemption accompanied by appropriate fees, as
set forth in Section 637, shall be on the forms supplied by the enforce-
ment agency and shall contain at least the following information:
(1 ) The name, address, and telephone numbers of the community own-
er and operator.
(2) The location of the employee housing community.
(3) Exact number of dwellings in the employee housing community.
(4) Designs of facilities comprising the employee housing communi-
ty-
(5) Other information requested by the enforcement agency relevant
to the granting or denial of an exemption pursuant to this section.
(c) The operator shall submit an amendment to the exemption applica-
tion whenever there is any substantial or material change in the foregoing
information applicable to the employee community housing.
(d) An application will not be deemed submitted until it is completed.
Page 12
Register 99, No. 3; 1-15-99
Title 25
State Housing Law and Earthquake Protection Law Regulations
§639
(e) When the exemption is granted by a local enforcement agency, the
information required by Section 17031.4 shall be submitted to the De-
partment within 30 days after the exemption is granted.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17031.3 and 17031.4, Health and Safely Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 634. Exemption for Labor Camps on Dairy Farms.
(a) An application for exemption for a labor camp and dairy farm shall
be made to the enforcement agency at least 45 days prior to the date of
initial occupancy and shall be granted by the enforcement agency pur-
suant to Sections 17030 and 17031 of the Health and Safety Code.
(b) An application for an exemption, accompanied by appropriate fees
shall be on forms supplied by the enforcement agency and shall contain
at least the following information:
(1) The name, address, and telephone numbers of the permanent hous-
ing owner and operator.
(2) The location of the dairy farm labor camp.
(3) Exact number of dwellings on the labor camp.
(4) Designs of the facilities comprising the housing project.
(5) The year the dwellings on the labor camp were constructed.
(6) The number of years the labor camp was operated with a valid per-
mit to operate.
(7) Other information requested by the enforcement agency including
but not limited to information to ensure that the labor camp qualifies as
a dairy farm labor camp pursuant to Sections 17019 and 17030 of the
Health and Safety Code.
(c) An application will not be deemed submitted until it is completed.
(d) When the exemption is granted by a local enforcement agency, the
information required by Section 17031 shall be submitted to the Depart-
ment within 30 days after the exemption is granted.
(e) The operator shall submit an amendment to the exemption applica-
tion whenever there is any change in the foregoing information applica-
ble to the dairy farm labor camp.
(f) The written findings required by Section 17031 of the Health and
Safety Code shall be filed in the project record and shall be retained until
the exemption is revoked.
NOTE: Authority cited: Sections 17003.5, 17036, 1704 and 17050, Health and
Safety Code. Reference: Sections 17030 and 17031, Health and Safety Code.
History
1. New section filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 636. Renewal Prohibited.
No permit to operate shall be issued for a labor camp when the permit
to operate for the preceding year has been denied or suspended, or when
the operator has failed to comply with a notice issued by the enforcement
agency to correct the violations of the Health and Safety Code and of this
subchapter. When the operator submits proof of compliance with the
applicable provisions of the Health and Safety Code and this subchapter
to the enforcement agency, the enforcement agency may issue a new per-
mit to operate if all other terms and conditions for a permit are met
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17031, 17034 and 17036, Health and Safety
Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 637. Permit to Operate or Exemption Fees.
Every person applying for an exemption as employee community
housing or a dairy farm labor camp or a permit to operate a labor camp
shall submit fees for a permit to operate or exemption to the enforcement
agency in accordance with the provisions of this section.
(a) Where the department is the enforcement agency, fees for a permit
to operate a labor camp shall be determined as follows:
(1) Issuance fee of $35.00.
(2) Permit to operate fee of $12.00 for each employee the operator in-
tends to house where such housing is supplied by the operator, and
$ 1 2.00 for each lot or site provided for parking of mobile homes or recre-
ational vehicles by employees.
(3) Amended permit fee of $20.00 for any transfer of ownership or
possession.
(4) Amended permit fee of $20.00 and fees specified in this section for
any increase in the number of employees to be housed and additional lots
or sites provided for parking of mobile homes or recreational vehicles by
employees.
(b) Where the department is the enforcement agency, fees for an ex-
emption shall be determined as follows:
(1) Issuance fee of $35.00.
(2) An exemption fee of $12.00 for each permanent housing unit.
(3) Amended exemption fee of $20.00 for any transfer of ownership
or possession.
(4) Amended permit fee of $20.00 and fees specified in this section for
any increase in the number of permanent housing units.
(c) Where a city, county, or city and county has assumed responsibility
for enforcement of Chapter 1 of Part 1 of Division 13 of the Health and
Safety Code and this subchapter, such city, county, or city and county
may by ordinance, establish a schedule of fees for the operation of labor
camps or employee community housing which shall not exceed the fees
for a permit to operate or exemption established by this section.
NOTE: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Ref-
erence: Section 17036, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 7-9-82; effecfive upon filing pursuant to Government Code
Section 11346.2(d) (Register 82, No. 28).
§ 638. Compliance.
Every person, or his or her agent or officer thereof, constructing, oper-
ating, or maintaining a labor camp shall comply with the requirements of
this part, building standards published in the State Building Standards
Code relating to labor camps, and other regulations adopted pursuant to
the provisions of this part. Every person or his or her agent or officer
thereof, constructing, operating, or maintaining employee community
housing shall comply with the State Housing Law and other regulations
adopted pursuant to this subchapter specifically applicable to employee
community housing.
The provisions contained in Section 17920.3 of the Health and Safety
Code relating to a substandard building shall be applicable to this sub-
chapter. Abatement of any substandard condition may be in accordance
with Sections 17060 and 17890 of the Health and Safety Code or actions
and proceedings as set forth in Article 6, commencing with Sections 50
through 72, of this Title, (State Housing Law Regulations).
NOTE: Authority cited: Sections 17003.5, 17037, 17040 and 17050, Health and
Safety Code. Reference: Section 17037, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4—28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 639. Double Fees.
NOTE: Authority cited: Sections 17036, 17040, 17050, Health and Safety Code.
Reference: Section 17037, Health and Safety Code.
Page 13
Register 2005, No. 52; 12-30-2005
§640
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). ACertificateof Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction repealing Section 639 Filed 1 1-1 8-82 (Register 82, No. 47).
§ 640. Preoccupancy Inspection, Local Enforcement
Agency.
Upon receipt of a complete application for a permit to operate or an
exemption and appropriate fees, the local enforcement agency shall in-
spect the labor camp or employee community housing within 30 days. If
upon inspection the labor camp or employee community housing is
found to be in compliance with the applicable provisions of the Health
and Safety Code and this subchapter, a permit to operate or exemption
shall be issued by the local enforcement agency, as appropriate, if all oth-
er terms and conditions are met.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17003.5, 17030, 17031 and 1703 1.3, Health and
Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
3. Amendment filed 1 1-1 8-85; effective thirtieth day thereafter (Register 85, No.
47).
§ 641 . Permit Application Review, Notice of Department
Decision and Occupancy Approval.
(a) Where the department is the enforcement agency, the following
procedures shall apply.
(1) Within seven (7) days of receiving the application for a permit to
operate and appropriate fees in the office designated on the application
forms, the department shall review each license application received pur-
suant to this chapter, and notify the applicant in writing of either the ac-
ceptance of the application for filing, or the rejection of the application
due to incompleteness or errors, specifically identifying the incomplete-
ness or errors and what must be done in order to make the application
complete and acceptable.
(2) Unless the applicant requests otherwise, within 45 days of receiv-
ing a completed application for a permit to operate and appropriate fees,
the department shall inspect the labor camp or employee housing. If upon
inspection the labor camp or employee community housing is found to
be in compliance with the applicable provisions of the Health and Safety
Code and this subchapter, and if all local approvals have been obtained,
the department shall issue a permit to operate within seven (7) days of the
inspection.
(3) If the labor camp or employee community housing is not found to
be in compliance or if all local approvals have not been obtained, it shall
be the responsibility of the operator to request, in writing, any subsequent
reinspections by the department.
(4) Within 30 days of receiving a written request for reinspection and
appropriate fees, the department shall reinspect the labor camp or em-
ployee community housing. If upon reinspection the labor camp or em-
ployee community housing is found to be in compliance with the applica-
ble provisions of the Health and Safety Code and this subchapter, and if
all local approvals have been obtained, the department shall issue a per-
mit to operate within seven (7) days of the reinspection.
(b) A survey conducted pursuant to Government Code Section 15376
of the department's performance determined the minimum, median and
maximum elapsed time between receipt of a completed application for
a permit to operate a labor camp and issuing the permit to operate a labor
camp; the results are as follows:
(1) Minimum: 1 calendar day
(2) Median: 38 calendar days
(3) Maximum: 357 calendar days
(c) The department may exceed the maximum time as provided in sub-
section (a), if any of the following occurs:
(1 ) The number of applications is 15 percent greater than for the same
calendar quarter of the preceding year.
(2) The department's application process is delayed due to rejection
of the labor camp's kitchen facilities, water supply or sewage disposal by
the local Department of Health.
(3) An applicant requests that an application, inspection or permit is-
suance be delayed.
NOTE: Authority cited: Section 15376, Government Code. Reference: Sections
15374-15378, Government Code; and Sections 17003.5 and 17036, Heallh and
Safety Code.
History
1 . New section filed 1 1-1 8-85; effective thirtieth day thereafter (Register 85, No.
47).
§ 642. Noncompliance.
In the event that the labor camp or employee community housing can-
not be approved for occupancy or when inspected, the enforcement
agency shall notify the applicant by means of a compliance order which
describes in what respects the labor camp or employee community hous-
ing does not comply. The operator shall perform the required corrective
work and request reinspection prior to occupying the labor camp or em-
ployee community housing. The operator shall pay the reinspection fees
prescribed by these regulations.
NOTE: Authority cited: Sections 17003.5. 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17036, 17040 and 17050, Health and Safety
Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 644. Reinspection Fees.
(a) The fees for a permit to operate or an exemption shall be considered
as inspection fees for the initial inspection of an employee housing facil-
ity or employee community housing. When a reinspection is required,
pursuant to Section 642 of this subchapter, the operator shall pay a rein-
spection fee for each such reinspection as follows:
(1) One hundred seventy-eight dollars ($178) providing the reinspec-
tion does not exceed one hour. When the reinspection exceeds one hour,
the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17036, 17040 and 17050, Health and Safety
Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). ACertificateof Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Amendment of subsections (a) and (b) filed 7-9-82; effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Register 82, No. 28).
4. Amendment filed 12-9-88; operative 1-8-89 (Register 88, No. 52).
5. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 1 1 343.4 (Register 2005, No. 52).
§ 645. Technical Service and Fees.
(a) The department may charge technical service fees to any person re-
questing technical services such as interpretation or clarification of the
application of this subchapter if these services are beyond the scope of
normal department technical assistance. Technical services for the pur-
pose of this section do not include inspections.
(b) Requests for such service shall be submitted to the department in
writing and accompanied by the technical service fee. The fees shall be
determined as follows:
(1) One hundred ninety-six dollars ($196) providing the technical ser-
vice does not exceed one hour. When the related technical service ex-
ceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
Page 14
Register 2005, No. 52; 12-30-2005
Title 25
State Housing Law and Earthquake Protection Law Regulations
§652
•
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(c) Fees shall be submitted by a cashier's check, money order, personal
or company check, payable to the Department of Housing and Communi-
ty Development.
NOTE; Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17036, 17040 and 17050, Health and Safety
Code.
History
1 . New section filed 7-9-82; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 82, No. 28).
2. Amendment of subsection (b) filed 12-9-88; operative t-8-89 (Register 88,
No. 52).
3. Amendment of subsection (b)(1), repealer of subsection (b)(2) and new sub.sec-
tions(b)(l)(A)-(B)fiied 12-29-2005; operative 1-1-2006 pursuant to Govern-
ment Code section 1 1 343.4 (Register 2005, No. 52).
§ 648. Multiple Year Permits to Operate.
(a) Application for a multiple year permit to operate a labor camp shall
be made to the enforcement agency at least 45 days prior to the date of
initial occupancy and shall be granted by the enforcement agency pur-
suant to Sections 17030 and 17030.5 of the Health and Safety Code.
(b) An application for a multiyear permit to operate accompanied by
appropriate fees, as set forth in Section 637, shall be on forms supplied
by the enforcement agency and shall contain at least the following infor-
mation:
(1) The name, address, and telephone numbers of the permanent hous-
ing labor camp owner and operator.
(2) The location of the permanent housing labor camp.
(3) Exact number of single family detached dwellings.
(4) Designs of the facilities comprising the permanent housing labor
camp.
(5) The year the dwellings on the labor camp were constructed.
(6) The number of years the labor camp has been operating with a valid
permit to operate.
(7) Other information requested by the enforcement agency including
but not limited to information to ensure that the permanent housing quali-
fies as a permanent housing labor camp pursuant to Section 17010(d) and
17030.5 of the Health and Safety Code.
(8) A maintenance plan that will adequately maintain the housing dur-
ing the period of time covered by the permit to operate.
(c) When applying for a multiple year permit, the applicant shall pres-
ent to the enforcement agency documentation necessary to demonstrate
the applicant's eligibility to receive public benefits pursuant to chapter
5.5 of this division, beginning with section 5802.
(d) An application will not be deemed submitted until it is completed.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections
17030, 17030.5 and 17040, Health and Safety Code.
History
1. Repealer filed 12-31-79 as an emergency; designated effective 1-1-80 (Regis-
ter 80, No. 1). A Certificate of Compliance must be filed within 120 days or
emergency language will be repealed on 5-1-80.
2. New section filed 5-23-80 as an emergency; effective upon filing (Register 80,
No. 21). A Certificate of Compliance must be transmitted to OAH within 120
days or emergency language will be repealed on 9-21-80.
3. Certificate of Compliance filed 8-20-80 (Register 80, No. 34).
4. Editorial con-ection filed 1 1-18-82 (Register 82, No. 47).
5. New subsection (c), subsection relettering and amendment of Note filed
3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certifi-
cate of Compliance must be transmitted to OAL by 8-4—98 or emergency lan-
guage will be repealed by operation of law on the following day.
6. New subsection (c), subsection relettering and amendment of Note refiled
8-4-98 as an emergency; operative 8^1-98 (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.
7. Certificate of Compliance as to 8^-98 order, including amendment of subsec-
tion (c), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
§ 650. Conditional Permit to Operate or Exemption.
A conditional perinit to operate may be issued to permit partial occu-
pancy of complying portions of a labor camp only under the following
conditions:
(a) After preoccupancy inspection, the camp operator will be issued
a written compliance order listing all buildings not in compliance. A no-
tice of prohibited occupancy shall be posted on any building deemed to
be unsafe for human habitation or adjacent thereto if necessary, and shall
be so noted in the report. The compliance order shall also list those build-
ings which are in compliance for which a conditional permit to operate
may be issued.
(b) Any building in a labor camp that is not intended to be used, and
so declared by the operator shall be noted in a written report, shall be se-
cured by the operator, and shall be posted by the enforcement agency at
each entrance to the building with a notice of prohibited occupancy.
(c) The conditional permit to operate or exemption shall not be re-
quired to include those buildings .secured, posted, and declared by the op-
erator not to be a part of the labor camp. The conditional permit to operate
or exemption fee shall include all other housing, including that housing
which may be listed as not to be occupied until compliance has been veri-
fied.
(d) The enforcement agency may issue a conditional permit to operate
that portion of a labor camp complying with the provisions of this sub-
chapter. The units approved for occupancy and the units not to be occu-
pied until compliance has been verified shall be noted on the conditional
permit to operate.
(e) When applying for a conditional permit, the applicant shall present
to the enforcement agency docuinentation necessary to demonstrate the
applicant's eligibility to receive public benefits pursuant to chapter 5.5
of this division, beginning with section 5802.
(f) Upon reinspection and verification of compliance with the applica-
ble provisions of the Health and Safety Code and this subchapter, a re-
vised permit to operate or exemption shall be issued by the enforcement
agency, without requiring an amended permit fee or exemption fee.
(g) There can be no conditional exemption. A dairy labor camp or a
proposed employee community housing which is not fully in compliance
with required standards may be issued a conditional permit to operate
pursuant to this section.
Note: Authority cited: Secfions 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections
17036 and 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
4. 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 Certifi-
cate of Compliance must be transmitted to OAL by 8-4-98 or emergency lan-
guage will be repealed by operation of law on the following day.
5. 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.
5. Certificate of Compliance as to 8-4-98 order, including amendment of subsec-
tion (e), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
Article 5. New Construction
§652.
Construction Permits and Construction
Requirements.
(a) No person shall construct, reconstruct, erect, install, relocate or al-
ter any building used for human habitation, building accessory thereto,
or other housing accommodations, intended to be used for employee
housing or a labor camp, or employee community housing, or any electri-
cal, mechanical, or plumbing equipment or installation in a labor camp
Page 15
Register 2005, No. 52; 12-30-2005
§653
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
or employee commLinity housing, without first obtaining a written con-
struction permit from the local building department.
Note: Permits to construct and construction standards for other nonresidential
buildings may be applicable pursuant to local ordinances in the Jurisdiction in
which the labor camp or employee community housing is located. Refer to Divi-
sion 1 3, Part 3, Health and Safety Code relating to the Earthquake Protection Law
primarily enforced by local agencies.
(b) Except as otlierwise permitted or required by Division 13, Part 1 .5
of the Health and Safety Code (State Housing Law), all buildings and
structures in labor camps or employee community housing subject to the
State Housing Law shall be constructed in accordance with the require-
ments contained in Parts 2, 3, 4 and 5, Title 24, California Administrative
Codes.
(c) Construction permits for the installation of the facihties to accom-
modate mobile homes, recreational vehicles, commercial coaches, and
campgrounds shall be obtained from the enforcement agency which has
responsibility for the enforcement of the Mobile Home Parks Act, Divi-
sion 13, Part 2.1, of the Health and Safety Code.
(d) The installation permits for mobile homes and commercial
coaches, where required by the Mobile Horne Parks Act, shall be ob-
tained from the appropriate enforcement agency and an alternate approv-
al shall be obtained from the department for the use of commercial
coaches.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Sections 17036 aiid 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 653. Alternate Approval.
(a) Alternate approval requirements for this subchapter shall be in ac-
cordance with Section 17002 of the Health and Safety Code.
(b) When an operator requests an alteiTiate use of any material,
appliance, installation, or device, the enforcement agency shall advise
and obtain views of the employees on the premises at the time. A synopsis
of these views shall be submitted with the request for alternate approval.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Sections 17002, 17040 and 17041, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 654. Construction Permit Fees.
(a) Every person obtaining a construction permit shall pay the fees pre-
scribed for such permits by local ordinance where the local ordinance is
applicable.
(b) Where a local ordinance does not apply, construction permit fees
shall be determined in accordance with the schedule of fees in Title 25,
California Administrative Code, Chapter 1, Subchapter 1 , State Housing
Law Regulations, and paid to the department.
(c) Construction permit fees for the installation of facilities to accom-
modate mobile homes shall be determined in accordance with the sched-
ule of fees in Title 25, California Administrative Code, Chapter 2, Sub-
chapters 1 and 2 and paid to the appropriate enforcement agency.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17040 and 17041, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 11-18-82 (Register 82, No. 47).
§ 655. Heat.
Shower rooms shall be provided with heating equipment which shall
be capable of maintaining a temperature of 70°F (21.0° Celsius) within
such rooms.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 658. Tents.
NOTE: Authority cited: Sections 17036, 17040, 17050, Health and Safety Code.
Reference: Sections 17036, 17040, 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. I). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial conection repealing Secfion 658 filed 1 1-1 8-82 (Register 82, No. 47).
§ 660. Substandard Buildings.
NOTE: Authority cited: Sections 17036. 17040, 17050, Health and Safety Code.
Reference: Sections 17036, 17040, 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. I ). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-0.
2. Editorial correction repealing Section 660 filed 1 1-18-82 (Register 82, No. 47).
§ 662. Window Screening.
History
1 . Editorial correction repealing Section 662 filed 1 1 -1 8-82 (Register 82, No. 47).
§ 664. Door Screening.
History
1 . Editorial correcnon repealing Section 664 filed 1 1-1 8-82 (Register 82, No. 47).
Article 6.
Maintenance,
Occupancy
Use and
Subarticle 1. Area Requirements
§ 700. Drainage.
The premises shall be free from depressions in which water can stand.
Natural sinkholes, pools, swamps or other surface collectors of water
within two hundred feet (60.9 meters) of the periphery of the camp shall
be either drained or filled to remove the quiescent surface water. Areas
such as irrigation drain ditches, etc., containing water not subject to such
drainage or filling shall be treated to prevent the breeding of mosquitoes,
vermin or vectors as approved by the local health department or other au-
thorized agency.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Sections 17040 and 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Comphance included.
3. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 702. Livestock.
Domestic animals and poultry shall not be permitted to run at large in
any labor camp.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Sections 17040 and 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Comphance included.
3. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 704. Structures.
(a) General. Structures, mobile homes, travel trailers, camp cars,
coaches, and other housing accommodations shall be maintained so as to
provide shelter to the occupants against the elements and to exclude
dampness and shall be kept clean and free from vermin, vectors and other
matter of an infectious or contagious nature. The entire grounds within
the area of a labor camp subject to this subchapter shall be kept clean and
free from accumulation of debris, filth, garbage and deleterious matter.
(b) Location. Structures, mobile homes, travel trailers, camp cars,
tents, commercial coaches and other housing accommodations shall be
Page 16
Register 2005, No. 52; 12-30-2005
Title 25
State Housing Law and Earthquake Protection Law Regulations
§712
maintained not less than seventy-five feet (22.8 meters) from bams, pens
or similar quarters of livestock or poultry, unless more restrictively regu-
lated by local jurisdictions.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Sections 17036, 17040 and 17050, Health and Safety Code.
History
1 . Amendment of subsection (a) filed 12-31-79 as an emergency; designated ef-
fective 1-1-80 (Register 80, No. 1). A Certificate of Compliance must be filed
within 120 days or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction of subsection (b) filed 1 1-18-82 (Register 82, No. 47).
Subarticle 2. Building and Structure
Requirements
§ 708. Employee Community Housing.
Except as amended by a local government, employee community
housing shall be subject to the State Housing Law.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Section 17040, Health and Safety Code.
HrSTORY
1 . New section filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
2. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§710. Maintenance.
All labor camp buildings, structures, or other housing accommoda-
tions and all parts thereof, shall be maintained in a safe and sanitary con-
dition. All devices or safeguards which were required in a building or
structure when erected, altered, or repaired shall be maintained in good
working order.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Sections 17040 and 17050, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. I). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial coirection of section heading and NOTE filed 1 1-18-82 (Register 82,
No. 47).
§ 712. Buildings Identified.
All buildings and other housing accommodations used for habitation
in a labor camp shall be numbered or designated by street numbers or oth-
er suitable means of identification. The identification shall be in a con-
spicuous location facing the street or driveway and shall be in letters or
numbers at least 3 inches (7.6 centimeters) high.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
[The next page is 17.]
Page 16.1
Register 2005, No. 52; 12-30-2005
Title 25
State Housing Law and Earthquake Protection Law Regulations
§736
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 3-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate ofCompliance included.
3. Editorial conection filed 1 1-18-82 (Register 82, No. 47).
§714. Windows.
History
1 . Editorial correction repealing Section 7 1 4 filed 1 1 -1 8-82 (Register 82, No. 47).
§ 720. Exit Way Lighting.
History
1 . Editorial correction repealing Section 720 filed 1 1-1 8-82 (Register 82, No. 47).
§ 722. Exits.
The exit facilities for all buildings or portions thereof in labor camps
shall be maintained clear and unobstructed at all times.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). ACertificateofCompliancemust be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate ofCompliance included,
3. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 724. Floor Area.
The rooms or areas used for sleeping purposes for more than one per-
son shall be maintained with a floor area of not less than fifty (50) square
feet (4.5 square meters) for each occupant and a minimum average ceil-
ing height of not less than seven feet (2.1 meters).
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1 . Editorial correction filed 1 1-1 8-82 (Register 82, No. 47).
§ 728. Insect Screening.
(a) All openable windows in rooms used for living, dining, cooking,
and sleeping purposes, and bathing and toilet facilities shall be properly
maintained with insect screening.
(b) All exterior door openings of rooms used for living, dining, cook-
ing, and sleeping purposes, and bathing and toilet facilities shall be prop-
erly maintained with insect screen doors or with solid wood doors, and
self-closing devices on such doors shall be maintained to function prop-
erly.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1 . Editorial correction adding NOTE filed 11 -18-82 (Register 82, No. 47).
§ 730. Sleeping Rooms.
The sleeping rooms shall be provided for all occupants; provided,
however, that where occupants furnish their own camping equipment,
mobile homes, or recreational vehicles, the operator shall provide an ap-
proved site, sanitary, utility and/or cooking facilities as required by this
subchapter for the use of such occupants.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial con-ection adding NOTE filed 1 1-18-82 (Register 82, No. 47).
2. Amendment filed 3-6-85; effective thirtieth day thereafter (Register 85, No.
10).
§ 732. Beds and Bedding.
(a) Beds. Suitable and separate beds shall be maintained for all occu-
pants. Such beds shall be made of steel, canvas or other material accept-
able to the enforcement agency and shall be so constructed as to afford
reasonable comfort to the occupants. Such beds shall be maintained in a
clean and sanitary condition, but need not be maintained in an unoccu-
pied labor camp.
(b) Bedding. An occupant, upon his or her request, shall be supplied
with a mattress or some equally comfortable bedding for which a reason-
able charge, deductible from wages, may be made. Such bedding shall
be maintained in a clean and sanitary condition.
(c) Bed Separation.
(1) Every bed shall haveaclearspaceof at least ten inches (25.4 centi-
meters) from the floor to the underside of the bed.
(2) A clear space of at least thirty inches (76.2 centimeters) extending
from the floor to the ceiling or roof of any sleeping place shall be main-
tained horizontally between each bed therein.
(3) At least four feet (1 2 1 .9 centimeters) of clear space shall be main-
tained horizontally between each set of double deck beds having one tier
above the other.
(4) There shall be not more than two tiers of beds, one above the other.
There shall be a clear vertical space of 30 inches (76.2 centimeters) main-
tained between the upper and lower bed.
(d) Bed Use. The beds located closer than required separations shall
be inaintained to be separated by a solid partition with a minimum of 10
inches (25.4 centimeters) clearance from the floor, 1 8 inches (45.7 centi-
meters) below the ceiling, and 24 inches (60.9 centimeters) above the
topmost bed.
NOTE; Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1 . Amendment of subsection (b) filed 12-31-79 as an emergency; designated ef-
fective 1-1-80 (Register 80, No. 1). A Certificate ofCompliance must be filed
within 120 days or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
3. Amendment of subsections (a) and (b) filed 3-6-85; effective thirtieth day
thereafter (Register 85, No. 10).
§ 734. Prohibited Room Use.
Kitchens and mess halls shall not be used for sleeping purposes.
NOTE; Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 11-18-82 (Register 82, No. 47).
Subarticle 3. Kitchens and Mess Halls
§ 736. Community Kitchens.
(a) Where occupants are permitted or required to cook for themselves,
other than in a dwelling unit, mobile home, or recreational vehicle with
a separate kitchen, a separate room shall be maintained and equipped for
use as a community kitchen.
(b) Refrigeration. Provision shall be made for safe storage of food. Re-
frigerated storage shall be provided which shall be capable of maintain-
ing a temperature of 45°F (7.2° Celsius) or below.
(c) Dishware and utensils used for food service shall be permanently
assigned to each occupant using the community kitchen and shall be dis-
infected in an approved manner prior to reassignment to another occu-
pant.
(d) Sufficient shelving space shall be maintained and assigned each
occupant, in or near the community kitchen, to store food supplies and
utensils off the floor. Metal containers or other approved containers with
tight fitting lids shall be maintained and provided for the storage of open
bulk food supplies.
(e) The floors, walls, ceilings, tables, shelves, and countertops shall be
maintained in a clean and sanitary condition. Floors, tables, drainboards,
and countertops shall be maintained with cleanable materials impervious
to moisture.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction of subsections (b) and (d) filed 1 1-1 8-82 (Register 82, No.
47).
2. Amendment of subsection (e) filed 3-15-83 (Register 83, No. 12).
3. Amendment of subsections (a) and (d) filed 3-6-85; effective thirtieth day
thereafter (Register 85, No. 10).
Page 17
Register 94, No. 2; 1-14-94
§738
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 738. Mess Halls and Mess Hall Kitchens.
Mess halls, mess hall kitchen, and food handlers shall comply with the
sanitation requirements of the California Health and Safety Code. Divi-
sion 22, Chapter 11, California Restaurant Act, as applicable. A certifi-
cate of approval issued by the Local Health Department shall be required
by the enforcement agency.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial coneclion adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 740. Kitchens and Mess Hall Maintenance.
(a) Utensils. All utensils and implements in which food is prepared or
kept or from which food is to be eaten, shall be kept in a clean, unbroken
and sanitary condition.
(b) Equipment. The floors, walls, ceilings, tables and shelves of all
kitchens, dining rooms, refrigerators and food storage rooms shall be
maintained in a clean and sanitary condition. Floors, tables, drainboards,
and countertops shall be maintained with cleanable materials impervious
to moisture.
(c) Shelves and Containers. Sufficient shelving shall be maintained in
or near the kitchen or mess hall kitchen to store all food supplies at least
six (6) inches (1 5.2 centimeters) above the floor. Metal or other approved
containers with tight-fitting covers shall be provided for the storage of
all opened or unopened bulk food supplies.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction of subsections (b) and (c) filed 1 1-18-82 (Register 82, No.
47).
2. Amendment filed 3-15-83; effective thirtieth day thereafter (Register 83, No.
12).
§ 742. Garbage, Waste and Rubbish Disposal.
All garbage, kitchen waste and rubbish shall be deposited in approved
covered receptacles which shall be emptied when filled and the contents
shall be disposed of in a sanitary manner acceptable to the enforcement
agency.
Note: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial cortection of NOTE filed 1 1-18-82 (Register 82, No. 47).
Subarticle 4. Fire Equipment and Hazards
§ 744. Fire Extinguishers and Fire Extinguishing Systems.
Fire extinguishers shall comply with the requirements of the State Fire
Marshal contained in Title 19, California Administrative Code.
(a) Mess Hall Kitchens. Approved Class B-C type fire extinguishers
providing not less than 20 units of extinguishing capacity shall be main-
tained in each mess hall kitchen.
(b) Dormitories. Approved Class A type fire extinguishers providing
not less than two units of extinguishing capacity shall be maintained for
each 5,000 square feet (450 square meters) of floor area or portion thereof
of any dormitory building.
(c) Equipment. All fire extinguishing systems and equipment shall be
adequately maintained to insure their operability in an emergency.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 746. Fire Hazards.
No article or material the enforcement agency determines may be dan-
gerous or create a fire hazard, shall be maintained in or on the premises
of a labor camp.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
Subarticle 5. Plumbing Systems
§ 756. Use and Maintenance.
Any existing plumbing system may have its use, maintenance and re-
pair continued if the use, maintenance or repair is in accordance with the
original design and location and no hazard to the public health, safety, or
welfare has been created by such system.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Secnon 17040, Health and Safety Code.
History
1. Editorial con-ection filed 1 1-18-82 (Register 82, No. 47).
§ 758. Safeguards.
The plumbing system, all fixtures, equipment, devices and safeguards
shall be clean and maintained in good working order.
NOTE: Authority cited: Sections 1 7003.5 and 17040. Health and Safety Code. Ref-
erence: Section 1 7040, Health and Safety Code.
History
1. Editorial con-ection adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 760. Toilet and Bathing Facilities.
(a) An employee housing site first issued a permit to operate prior to
February 22, 1973, shall provide one toilet and one bathing facility for
every fifteen occupants of each sex.
(1) Each employee housing site shall consist of all accommodations
used as specified in Health and Safety Code section 17008.
(2) When calculating this ratio, do not include the following:
(A) a living unit with built-in toilet and bathing facilities, which is oc-
cupied by a single family, and
(B) any sleeping area that is not in compliance with the requirements
of subdivision (d).
(b) An employee site first issued a permit to operate on or after Febru-
ary 22, 1973, shall provide toilet and bathing facilities for each sex at a
ratio not to exceed ten occupants for each toilet and each bathing facility.
(1) Each employee housing site shall consist of all accommodations
used as specified in Health and Safety Code section 17008.
(2) When calculating this ratio, do not include the following:
(A) a living unit with built-in toilet and bathing facilities, which is oc-
cupied by a single family, and
(B) any sleeping area that is not in compliance with the requirements
of subdivision (d).
(c) An enforcement agency may permit different types and ratios of
toilet and bathing facilities in temporary and seasonal employee housing,
when written approval for each specific type and rafio is provided by the
local health officer. The written approval shall be based upon a finding
that the type and ratio of toilet and bathing facilities are sufficient to pro-
cess the anticipated volume of sewage and waste water, while maintain-
ing sanitary conditions for the occupants of the employee housing.
(d) Toilet and bathing facilities that are counted toward the ratio, as re-
quired by subdivisions (a) or (b), shall be located as follows:
(1) Toilet and bathing facilities for temporary and seasonal employee
housing, that are not connected to a permanent sewage disposal system,
shall be located no closer than fifty (50) feet (15 meters), or more than
two hundred (200) feet (61 meters) from sleeping, eating, and/or food
preparation areas.
(2) Toilet and bathing facilities discharging to a permanent sewage
disposal system shall be located no further than two hundred (200) feet
(61 meters) from sleeping, eating, and/or food preparation areas.
(e) Shower wall areas shall be maintained in a cleanable, noncorrosive,
and waterproof condition to a height not less than six (6) feet ( 1 .8 meters)
above the drain outlet.
Page 18
Register 94, No. 2; 1-14-94
Title 25
State Housing Law and Earthquake Protection Law Regulations
§788
(f) The floor of the shower compartment shall slope uniformly to the
drain, and the joint around the drain outlet shall be maintained in a water
-tight condition.
(g) If urinals are installed in a toilet room designated for men only, a
single urinal shall substitute for no more than one of every three required
toilets.
(h) The floor space to a point one (1) foot (.305 meters) in front of a
urinal lip and the wall to a point four (4) feet (1.2 meters) above the floor
and at least one (1) foot (.305 meters) to each side of the urinal shall be
maintained in a cleanable, noncorrosive, and waterproof condition.
NOTE; Authority cited: Sections 17040(a) and 17050(a), Health and Safety Code.
Reference: Sections 17021, 17040(a) and 17041(a), Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate ofCompliance included.
3. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
4. Amendment of section heading, text and Note filed 9-2-93 as an emergency;
operative 9-2-93 (Register 93, No. 36). A Certificate ofCompliance must be
transmitted to OAL by 12-31-93 or emergency language will be repealed by
operation of law on the following day.
5. Certificate ofCompliance as to 1-1 2-94 order including amendment of subsec-
tions (b), (d)(1) and (d)(2) transmitted to OAL 12-1-93 and filed 1-12-94
(Register 94, No. 2).
§ 762. Identification.
Toilets and bathing facilities shall be identified clearly marked for
"MEN" or "WOMEN." The use of the proper symbols will be permitted.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial con-ection adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 764. Toilet and Bathing Separations.
Existing toilet and bathing facilities shall be maintained in a separate
room or building.
NOTE: Authority cited: Secfions 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1 . Editorial con-ection filed 1 1-18-82 (Register 82, No. 47).
§ 766. Lavatories.
(a) Prior Installations for Single Persons. Labor camps constructed, al-
tered, or converted prior to February 22, 1973, which required one (1)
lavatory for each thirty (30) occupants need not be changed. Where
troughs were used, every twenty-four (24) inches (60.9 centimeters) of
trough was considered equal to one (1) lavatory.
(b) Materials. The handwashing facilities shall be maintained and
lined with waterproof material.
(c) Location. Lavatories shall be maintained adjacent to toilet facili-
ties.
Note: Present Installafions. Labor camps constructed, altered, or converted after
February 22, 1973, shall provide at least one lavatory for each 10 occupants for
each sex.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80. |
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
3. Amendment of subsection (b) filed 3-15-83; effective thirtieth day thereafter
(Register 83, No. 12).
§ 768. Clothes Washing Machine.
Clothes washing machines shall be maintained to drain either into a
properly vented trap, into a laundry tub tailpiece with watertight connec-
tions, into an open standpipe receptor or over the rim of a laundry tub or
waste water may be disposed of using a method approved by the local
health department.
NOTE; Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 770. Water Supply.
(a) The water supply system shall be maintained to provide the capac-
ity required at the time the system was installed.
(b) The distribution lines shall be maintained leak free and capable of
supplying the normal operating pressure to all fixtures.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 11-18-82 (Register 82, No. 47).
§ 772. Drinking Water.
(a) Potability. Potable drinking water shall be maintained for all em-
ployees.
(b) Tests. A water sample from the camp's supply shall be collected
by the local health department for examination and their approval prior
to the initial operation of the camp each year, when any major repair to
or alteration of the water supply system has been made, or when the puri-
ty of the water is questioned by the enforcement agency. Approval of the
results of the test shall be a requirement of occupancy.
(c) Availability. All exterior water supply faucets shall be suitably and
conveniently placed and drainage shall not be allowed to flow upon the
ground or to contaminate the source of water supply.
(d) Storage. Tanks or other receptacles used for the storage of water
shall be maintained in a clean and sanitary condition and shall be covered
so as to prevent contamination.
(e) Drinking Cups. The use of a common drinking cup is prohibited.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Sections 17021 and 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). A Certificate ofCompliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate ofCompliance included.
3. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 774. Back Siphonage.
Any water closet or other plumbing fixture shall be maintained to pre-
vent siphonage of water back into the water supply.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 784. Sewage Disposal System.
The underground sewage disposal system shall be maintained covered
to remain insect and rodent tight. Waste liquids shall not be permitted to
surface or pond.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17021 and 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 786. Underground Sewage Tanks.
Underground septic tanks shall be maintained to be safe and structural-
ly sound.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17021 and 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 788. Trap and Vent Maintenance.
Traps and Vents shall be maintained in good working order and all con-
nections shall be water tight.
Page 19
Register 94, No. 2; 1 -14-94
§790
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE: Authority cited: Sections 1 7003.5 and 1 7040. Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial coirection adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 790. Drain Inlet Cap.
Open drain piping connection inlets shall be capped when not in use.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
] . Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 792. Sanitary Drain Connection.
Drain lines from all buildings and other housing accommodations in
a labor camp shall be maintained in good working order and the connec-
tions to the sewage disposal system shall be water tight.
NOTE: Authority cited: Sections 1 7003.5 and 17040. Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificateof Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial conecfion of NOTE filed 1 1-18-82 (Register 82, No. 47).
Subarticle 6. Mechanical Systems
§ 800. Heat.
In temporary and seasonal labor camps heating equipment is not re-
quired, except in shower rooms, unless it is found to be necessary in order
to maintain a minimum mean temperature of seventy (70 ) degrees Fahr-
enheit (21.0 Celsius) during the period of occupancy. Official weather re-
ports should be used to determine temperatures in any area.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 802. Mechanical Use.
Heating, ventilating, cooling and refrigeration systems and appliances
installed may have their existing use, maintenance or repair continued if
the use, maintenance or repair is in accordance with the original design
and location is not hazardous to life, health, and property.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
HrSTORY
1. Editorial correction adding NOTE filed 11-18-82 (Register 82, No. 47).
§ 804. Maintenance.
All mechanical equipment, devices, and safeguards shall be main-
tained in good working order.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 806. Location of Liquefied Petroleum Gas Tanks.
(a) No tank or cylinder shall be maintained within an enclosed housing
accommodation, nor within five (5) feet (1.5 meters) of a source of igni-
tion, nor with the outlet less than five (5) feet (1.5 meters) away from any
building opening which is below the level of such outlet.
(b) No tank or cylinder shall be maintained or stored beneath any shed,
structure, mobile home, recreational vehicle, commercial coach, or other
housing accommodation in a labor camp.
(c) Tanks shall be maintained to be separated from the nearest build-
ing, structure, mobile home, recreational vehicle, commercial coach or
other housing accommodations with a minimum clearance of ten (10)
feet (3 meters) for tanks with a capacity of 61 to 576 gallons (230.5 to
2177.2 liters) and twenty-five (25) feet (7.5 meters) minimum clearance
for tanks with a capacity of 576 to 2000 gallons (2177.2 to 7560 liters).
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correcfion filed 1 1-18-82 (Register 82, No. 47).
§ 808. Tank Protection.
L.P. Gas tanks located adjacent to driveways and parking areas shall
be maintained to prevent mechanical damage.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial conection filed 1 1-18-82 (Register 82, No. 47).
§810. Warning Signs.
No smoking warning sign(s) shall be maintained at all L.P. Gas tank
locations.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§812. Tank Support.
All L.P. Gas tanks shall be maintained on a firm pad or foundation.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 814. Prohibited Use of Connectors.
Existing gas supply tubing and connectors shall be maintained and not
extended through walls or partitions.
NOTE; Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 81 6. Outlets to Be Capped.
Gas supply outlets shall be maintained capped when not in use.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
Subarticle 7. Heating Appliances
§818. Use of Fuel.
All existing fuel burning appliances and equipment shall be main-
tained and approved by the enforcing agency for the type of fuel supplied.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 820. Unvented Heaters.
No unvented fuel burning heater shall be permitted to be used in a labor
camp.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial con-ection adding NOTE filed 11-18-82 (Register 82, No. 47).
§ 822. Prohibited Use.
Gas hot plates, cook stoves and ranges shall not be used as room heat-
ers in a labor camp.
NOTE; Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
Page 20
Register 94, No. 2; 1-14-94
Title 25 State Housing Law and Earthquake Protection Law Regulations § 826
3. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47). § 826. Clearances for Existing Appliances without
§ 824. Appliance Installation Instructions. Instructions.
All heating and air conditioning equipment shall be maintained ac- Clearances shall be maintained between the appliance and combus-
cording to the manufacturers installation instructions. tible materials as follows:
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref- ^ 36 inches (91.4 centimeters) for solid or liquid fuel fired Radiant
erence: Section 17040, Health and Safety Code. Heaters, 12 inches (30.4 centimeters) for solid or liquid fuel fired circu-
HiSTORY lating heaters, and six inches (15.2 centimeters) for gas fired circulating
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
[The next page is 21.]
Page 20.1 Register 93, No. 36; 9-3-93
Title 25
State Housing Law and Earthquake Protection Law Regulations
§862
space heaters. Separations will be measured from the appliance jacket,
sides, rear and from the single wall connector vent piping.
2. Space or room heaters burning gas, solid or liquid fuel when
mounted on combustible flooring shalHiave at least four (4) inches (10. 1
centimeters) of open space under the base of the appliance.
3. The combustible flooring under the appliance shall be protected
with sheet metal of not less than 24 U.S. Gauge, extending six inches
(1 5.2 centimeters) beyond the appliance on all sides, and where solid fuel
is used shall extend not less than 1 8 inches (45.7 centimeters) at the front
or side where the ashes are removed.
NOTE: Authority cited: Sections 1 7003..^ and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 828. Shut-Off Valve.
All heating appliances supphed with gas or liquid fuel shall be main-
tained with a shut-off valve installed in the supply line immediately adja-
cent to the appliance.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
] . Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 830. Clean Appliances.
All heating and cooking appliances shall be clean and grease free. It
is the employer/manager's responsibility to see that the appliances in
dwelling units are clean and grease free before occupancy by a new ten-
ant.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 832. Appliance Vent Installation.
(a) Appliance vent piping shall be maintained, connected to the
appliance hood collar or draft diverter and extended without openings
through protective flashing to a point above the roof.
(b) Appliance vent piping shall be maintained to be secured at each
joint, properly graded and adequately supported.
(c) Appliances shall be maintained to be properly vented and shall not
be vented into a fireplace or into a chimney serving a fireplace.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
2. Amendment filed 3-15-83; effective thirtieth day thereafter (Register 83, No.
12).
§ 834. Water Heater Relief Valves.
Water heaters equipped with pressure-temperature relief valves shall
be maintained with metal piping installed, undiminished in size, extend-
ing from the valve outlet to a point outside of the building not more than
two feet (60.9 centimeters) nor less than six inches (15.2 centimeters)
above the ground and pointing downward.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 836. Appliance Compartments.
(a) Fuel burning heating appliance compartments shall be maintained
structurally sound, and provide adequate combustion air through
screened openings.
(b) Heating appliance compartments shall be maintained in a clean
condition and not used for storage.
(c) Heating appliance compartments outside of buildings shall be
maintained to protect the appliance from the weather.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 838. Secured Appliances.
All heating appliances shall be maintained rigidly secured in place.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Secdon 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
Subarticle 8. Electrical Systems
§ 850. Electrical Systems Use.
Electrical fixtures, equipment and other devices may have their exist-
ing use, maintenance or repair continued if the use, maintenance or repair
is in accordance with the original design and location and is not a hazard
to life, health, or property.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 11-18-82 (Register 82, No. 47).
§ 852. Safeguards.
All electrical equipment, devices, and safeguards shall be maintained
in good working order.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1 . Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 854. Wiring Methods and Materials.
Electrical materials, devices, appliances fittings and equipment main-
tained in labor camps shall be approved for the purpose and shall be
maintained to be connected and secured in an approved manner when in
service.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 858. Overcurrent Protection.
(a) Electrical conductors shall be maintained and protected by means
of fuses or circuit breakers rated at not more than the allowable capacity
of the conductors.
(b) Tampering. Overcurrent protection shall not be altered or tampered
with.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correcUon filed 11-18-82 (Register 82, No. 47).
§ 860. Weather Proof.
The service equipment which is not rain tight shall be maintained and
protected from the weather.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correcfion filed 11-18-82 (Register 82, No. 47).
§ 862. Vertical Clearances.
The minimum vertical clearance to be maintained for open electrical
conductors are as follows:
(a) Above roofs — eight feet (2.4 meters).
(b) Above walkways and at attachment point of buildings — 10 feet
(3.0 meters).
(c) Above driveways and parking areas — 15 feet (4.5 meters).
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
Page 21
(4-1-90)
§864
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 864. Conductors on Poles.
Overhead electrical conductors located on poles and bracket supports
shall be maintained and properly supported, secured, and routed to clear
sharp objects, other conductors and tree branches.
NOTE: Authority ciled: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial coirection filed 11-18-82 (Regi.ster 82, No. 47).
§ 866. Grounding Fixed Equipment.
Non-current carrying metal parts of fixed electrical equipment shall
be maintained effectively grounded.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1 . Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 868. Grounding of Cord Connected Equipment.
Cord connected appliances, such as washing machines, dishwashers,
garbage disposals, electrical system of gas ranges and furnaces and other
equipment required to be grounded, shall be maintained to be grounded
by means of an approved cord with a grounding conductor and a
grounded type attachment plug.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial con-ection filed 11-18-82 (Register 82, No. 47).
§ 870. Grounded Convenience Outlet.
Grounding type outlets located at the following locations shall be
maintained in good working order:
(a) Adjacent to fixed appliances.
(b) For appliances located adjacent to lavatories, sinks, laundry tubs,
or within reach of a grounded surface.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 872. Outlets in Habitable Rooms.
At least one convenience outlet and one supplied electric light fixture
shall be maintained in good working order in all habitable rooms.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial coirection filed 1 1-18-82 (Register 82, No. 47).
§ 874. Lighting in Bath and Toilet Room.
At least one supplied light fixture in good working order shall be main-
tained in all bathrooms and toilet rooms.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1 . Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 878. Enclosed Light Fixture.
The light fixtures located over a bathtub or in a shower compartment
shall be maintained to be moisture proof and equipped with enclosure
and enclosure gaskets in good condition.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 880. Shower Light Switch.
The switch for shower lighting fixtures or an exhaust fan which have
been located over a tub or in a shower compartment shall be maintained
outside of the tub space or the shower compartment in a dry location.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial con-eciion filed 1 1-18-82 (Register 82, No. 47).
§ 882. Range Hood Light.
The light fixtures located in or under a range hood shall be maintained
to be grease and moisture proof with enclosure and enclosure gaskets
inaintained in good condirion.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
] . Editorial coirection filed 1 1-1 8-82 (Register 82, No. 47).
§ 884. Pullchain Switch.
A pullchain switch shall not be maintained in a damp location, and not
over or within reach of a plumbing fixture, cookstove, range, furnace,
and other grounded surfaces.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 886. Exposed Nonmetallic Sheathed Cable.
Exposed nonmetallic sheathed cable shall be maintained to be pro-
tected from physical and mechanical damage by running boards, guard-
strips or installed in conduit.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correcfion filed 1 1-18-82 (Register 82, No. 47).
§ 888. Cable Clamps.
All loose nonmetallic sheathed cable shall be maintained to be secured
in place by staples and straps at intervals which will not exceed 4 1/2 feet
(1.3 meters) and within 12 inches (30.4 centimeters) from every cabinet,
box, or fitting.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref-
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 890. Outlet Boxes.
All electrical conductors shall be maintained to terminate in an ap-
proved oudet box or a junction box rigidly secured to the building or
structure.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 11-18-82 (Register 82, No. 47).
§ 892. Covers.
Open outlet boxes, fittings and enclosures shall be maintained with
covers. Openings not in use will be closed.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§ 894. Extension Cords.
Extension cords shall not be maintained as a connection to electric
light fixture sockets in order to energize appliances.
NOTE: Authority cited: Sections 17003.5 and 17040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1 . Editorial correction filed 1 1-1 8-82 (Register 82, No. 47).
§ 896. Cord Wiring.
Flexible cords shall not be maintained as a fixed wiring method or run
through walls and partitions.
NOTE: Authority cited: Sections 17003.5 and 1 7040, Health and Safety Code. Ref
erence: Section 17040, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
Page 22
(4-1-90)
Title 25
State Housing Law and Earthquake Protection Law Regulations
§924
Subarticle 9. Use of Mobile Homes,
Recreational Vehicles, Commercial Coaches,
Mobile Home Accessory Buildings,
Structures, Tents and Camp Grounds
§ 900. Facilities.
The facilities to accommodate tent campers, mobile homes, recre-
ational vehicles, and commercial coaches shall be maintained in confor-
mance with the applicable requirements of Title 25, California Adminis-
trative Code, Part 1, Chapter 2, Subchapters 1 and 2.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17040 and 17041, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 902. Installation Requirements.
All mobile homes in a labor camp shall be maintained in accordance
with the provisions of Title 25, California Administrative Code, Part 1,
Chapter 2, Subchapters 1 and 2, as applicable.
NOTE: Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17040 and 17041, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 11 -18-82 (Register 82, No. 47).
§ 904. Insignia and/or Label Required.
The mobile homes constructed prior to June 15, 1 976, recreational ve-
hicles, and commercial coaches provided by the employer shall bear an
insignia of approval issued by the Department of Housing and Communi-
ty Development. The mobile homes constructed on or after June 15,
1976, shall bear a label indicating compliance to the Federal Mobile
home Construction and Safety Standards.
NOTE: Authority cited: Sections 1 7003.5 and 17040, Health and Safety Code. Ref-
erence: Sections 17040 and 17041, Health and Safety Code.
History
1. Editorial correction adding NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 908. Alterations and Conversions.
All mobile homes required to bear a department insignia of approval
and/or a Federal label shall be maintained in compliance with Title 25,
California Administrative Code, Chapter 3, Subchapters 1 and 2. Prior
to making any alteration or conversion, a permit shall be obtained from
the department.
NOTE; Authority cited: Sections 1 7003.5 and 1 7040, Health and Safety Code. Ref-
erence: Sections 17040 and 17041, Health and Safety Code.
History
1. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
§910. Tents.
(a) The tents provided by the operator shall not be used to house occu-
pants unless such tents are maintained with tight wooden floors raised at
least four inches (10.1 centimeters) above the ground level and are
equipped with baseboards on all sides to a height of at least six inches
(15.2 centimeters) or maintained with concrete slabs with the finished
surface at least four inches (10.1 centimeters) above grade and equipped
with curbs on all sides at least six inches (15.2 centimeters) high.
(b) A tent shall not be considered a suitable sleeping place when it is
found necessary to provide heating facilities in order to maintain a mini-
mum temperature of 50° Fahrenheit (10° Celsius) within such tent during
the period of occupancy.
NOTE: Authority cited: Sections 17040, 17041 and 17050, Health and Safety
Code. Reference: Sections 17040 and 17041, Health and Safety Code.
History
1. Editorial correction filed 11-18-82 (Register 82, No. 47).
2. Amendment of subsection (a) filed 3-6-85; effective thirtieth day thereafter
(Register 85, No. 10).
3. Amendment of subsection (b) and Note filed 8-20-92 as an emergency; opera-
tive 8-20-92 (Register 92, No. 34). A Certificate of Compliance must be filed
with OAL 12-18-92 or emergency language will be repealed by operation of
law on the following day.
4. Repealer of emergency amendment filed 8-20-92 and reinstatement of prior
text filed 3-1 5-93 by operation of Government Code section 1 1346.1 (f) (Regis-
ter 93, No. 12).
Article 7. Actions and Proceedings
§ 920. Actions and Proceedings.
(a) Actions and proceedings of this subchapter shall be in accordance
with Chapters 5 and 6 (commencing with Section 17050) of the Health
and Safety Code.
(b) The enforcement agency may revoke without additional hearing
the permit to operate or exemption of a labor camp whenever any judg-
ment is rendered against the operator thereof conceining the operation of
the labor camp.
(c) The enforcement agency may revoke without additional hearing
the exemption of employee community housing whenever any judgment
is rendered against the owner or operator thereof for not maintaining or
operating such employee community housing in substantial compliance
with relevant portions of these regulations.
NOTE: Authority cited: Sections 17003.5, 17040 and 17050, Health and Safety
Code. Reference: Sections 17040, 17051, 17060.5 and 17061, Health and Safety
Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
4. Repealer of subsection (d) filed 3-6-85; effective thirtieth day thereafter (Reg-
ister 85, No. 10).
§ 922. Permit or Exemption Suspension.
If any labor camp or employee community housing is not in substantial
compliance with relevant use, occupancy, or maintenance provisions of
the Employee Housing Act, this subchapter, or the conditions of the per-
mit to operate, or exemption, the permit to operate or exemption may be
suspended by the enforcement agency pursuant to the procedures in this
article.
NOTE: Authority cited: Sections 17003.5 and 17036, Health and Safety Code. Ref-
erence: Section 17036, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Amendment filed 4-28-80 as an emergency; effective upon filing (Register 80,
No. 18). Certificate of Compliance included.
3. Editorial con-ection filed 1 1-18-82 (Register 82, No. 47).
§ 923. Authority to Serve Notices.
Authority to serve notices required by this subchapter is provided in
Section 17051 of the Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 17036, 17040 and 17050, Health and
Safety Code. Reference: Section 17051, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effecfive 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial con-ection of NOTE filed 11-18-82 (Register 82, No. 47).
§ 924. Notice.
The enforcement agency shall issue and serve upon the permittee or
exemptee a notice setting forth in what respects the provisions of the
Health and Safety Code, this subchapter or the conditions of the permit
to operate or exemption have been violated, and shall notify him that un-
less these provisions have been complied with within five days, or within
such longer period of time, not to exceed 30 days, which may be allowed
by the enforcement agency from the date of notice, the permit to operate
or exem'ption shall be suspended.
Page 23
Register 93, No. 12; 3-19-93
§926
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE: Authority cited: Sections 1 7003.5 and 1 7036, Health and Safety Code. Ref-
erence: Sections 17036. 17051 and 17060, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial conection of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 926. Service.
The notice shall be served by posting at least one copy in a conspicuous
place on the premises described in said permit or exeinption, and by send-
ing another copy by certified mail, postage prepaid, return receipt re-
quested, to the person to whom the permit or exemption was issued at the
permittee's or exemptee's address of record, or as otherwise designated
on the permit or exemption. The notice may also be served by personal
service at the discretion of the enforcement agency.
NOTE: Authority cited: Sections 1 7003.5 and 1 7036, Health and Safety Code. Ref-
erence: Sections 17036 and 17051, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-80.
2. Editorial conection of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 928. Appeal.
Any permittee or exemptee receiving a notice of suspension or revoca-
tion may request a hearing on the matter. The permittee or exemptee shall
file a written petition with the enforcement agency within 10 days of the
posting or service of such notice requesting such hearing and setting forth
a brief statement of the grounds therefor.
NOTE: Authority cited: Sections 1 7003.5 and 1 7036, Health and Safety Code. Ref-
erence: Sections 17036 and 17051, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of NOTE filed 1 1-18-82 (Register 82, No. 47).
§ 930. Hearing.
(a) Upon receipt of such petition, the enforcement agency within 10
days shall set a time and place for such hearing and shall give the petition-
er a written notice thereof. The hearing shall be no less than 10 days or
more than 20 days from service of this notice. At such hearing the peti-
tioner shall be given the opportunity to show cause, if any, why the permit
to operate or exemption should not be suspended or revoked.
(b) After such hearing the enforcement agency shall sustain, modify
or withdraw the notice, depending upon its findings as to whether the
applicable provisions of the Health and Safety Code and these regula-
tions have been complied with. The enforcement agency shall keep a
complete and exact record of all such hearings and shall furnish a copy
thereof to the Department of Housing and Community Development.
(c) If the requirements of the notice have not been complied with on
or before the expiration of the time permitted or allowed by the enforce-
ment agency after posting or service of the notice, or a decision adverse
to the operator has been issued as a result of the hearing, the enforcement
agency shall suspend or revoke, as appropriate, the permit or exemption,
or may extend the time allowed for compliance not to exceed an addition-
al 30 days.
NOTE: Authority cited: Sections 17003.5, 17036 and 17050, Health and Safety
Code. Reference: Sections 17036, 17050 and 17051, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of NOTE filed 1 1-1 8-82 (Register 82, No. 47).
§ 932. Reinstatement.
(a) Prior to obtaining a new permit to operate or exemption, any person
whose permit to operate or exemption has been suspended or revoked
shall comply with all of the requirements of this subchapter.
(b) Any person operating a labor camp or employee community hous-
ing without a permit or exemption after suspension or revocation of the
permit to operate or exemption shall be subject to prosecution for viola-
tion of Chapter 1, Part 1, Division 13 of the Health and Safety Code.
NOTE: Authority cited: Sections 1 7003.5 and 1 7036, Health and Safety Code. Ref-
erence: Section 17036, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction of subsection (b) filed 11-18-82 (Register 82, No. 47).
Article 8. Penalties
§ 940. Penalties.
Any violation of the provisions of this subchapter shall be considered
a violation of the provisions of the Employee Housing Act subject to the
penalties set forth in Section 17060, 17061 or 17061.5 of the Health and
Safety Code.
NOTE: Authority cited: Sections 1 7003.5 and 1 7036. Health and Safety Code. Ref-
erence: Sections 17036, 17060, 17061 and 17061.5, Health and Safety Code.
History
1. Amendment filed 12-31-79 as an emergency; designated effective 1-1-80
(Register 80, No. 1 ). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 5-1-80.
2. Editorial correction filed 1 1-18-82 (Register 82, No. 47).
3. Amendment filed 3-6-85; effective thirtieth day thereafter (Register 85, No.
10).
Appendix A
Employee Housing Act
Health and Safety Code
Division 13, Part 1
History
1. Editorial correction repealing Appendix A filed 11-18-82 (Register 82, No.
47). For prior history, see Registers 80, No. 34 and 80, No. 21.
Subchapter 4. California Low-Income
Home Management Training Program
NOTE: Authority cited: Sections 41134, 41135, 41226, Health and Safety Code.
Reference: Sections 41134, 41135, 41226, Health and Safety Code.
History
1. New Subchapter 4, Articles 1 and 2 ( §§ 1500-1520, not consecutive) filed
3-9-76 as an emergency; effective upon filing (Register 76, No. 11).
2. Certificate of Compliance filed 4-28-76 (Register 76, No. 18).
3. Renumbering of Subchapter 4, Articles 1 and 2 (Sections 1500-1520, not con-
secutive) to Chapter 6, Subchapter 2, Articles 1 and 2 (Sections 6200-6220, not
consecutive) filed 1-28-77 as procedural and organizational; effective upon fil-
ing (Register 77, No. 5).
Subchapter 5. Housing Element Guidelines
NOTE: Authority cited: Secfions 41134, 41135 and 41226, Health and Safety
Code. Reference: Section 65302, Government Code; Sections 41 134, 41 135 and
41226, Health and Safety Code.
History
1. New Subchapter 5, Articles 1-3 (Sections 1600-1650, not consecutive) filed
4-13-76 as an emergency; effective upon filing (Register 76, No. 16).
2. New Subchapter 5, Articles 1-3 (Sections 1600-1650, not consecutive) filed
8-9-76 as an emergency; designated effective 8-10-76 (Register 76, No. 33).
3. New Subchapter 5, Articles 1-3 (Secfions 1600-1650, not consecutive) refiled
12-7-76 as an emergency; effective upon filing (Register 76, No. 50).
4. Renumbering of Subchapter 5, Articles 1 -3 (Sections 1 600-1650, not consecu-
tive) to Chapter 6, Subchapter 3, Articles 1-3 (Sections 6300-6350, not consec-
utive) filed 1-28-77 as procedural and organizational, effecuve upon filing
(Register 77, No. 5).
* *
Page 24
Register 93, No. 12; 3-19-93
.A.
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Cliapter 2. Mobileliome Parks and Installations
Vol. 33
XHOIVISON
f^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Mobilehome Parks and Installations
Table of Contents
Chapter 2. Mobilehome Parks and Installations
Table of Contents
Page
Page
Article 1 .
§ 1000.
§ 1002.
§ 1004.
§ 1004.5,
§ 1005.
§ 1005.5.
§ 1006.
§ 1006.5,
§ 1007.
§ 1008.
§ 1009.
§ 1010.
§ 1012.
§ 1014.
§ 1016.
§ 1017.
§ 1018.
§ 1019.
Administration and
Enforcement
25
§ 1020.
§ 1020.1.
§ 1020.3.
§ 1020.4.
§ 1020.6.
§ 1020.7.
§ 1020.9.
§ 1022.
§ 1024.
§ 1025.
§ 1026.
§ 1028.
§ 1030.
§ 1032.
§ 1034.
Application and Scope.
Definitions.
Local Enforcement.
Complaint Investigations.
Local Government's Cancellation of
Enforcement Responsibility.
Revocation of Local Enforcement
Authority.
Transfer of Authority — Disbursal of
Fees.
Permit to Operate Required.
Applicant Documentation.
Annual Permit to Operate Fees.
Permit to Operate — Penalty Fees.
Permit to Operate — Construction
Completed.
Department Copies of the Annual
Permit to Operate and Related Fees.
Required Reporting of Changes in
Park Status.
Approval of Alternates and
Equivalents.
Technical Service Fee.
Permits Required.
Installation of Factory-Built
Housing in Parks.
Application Requirements for
Permits for Installations and
Foundation Systems for MH-Units.
Fees for MH-Unit Installation and
Standard Plan Approval Foundation
System Permits.
Application Requirements for
Permits for Accessory Buildings and
Structures and Building
Components.
Fees for Accessory Buildings or
Structures, and Building Component
Permits With a Standard Plan
Approval.
Application Requirements for
Permits for Park Construction or
Alteration.
Permit Fees for Park Construction or
Alteration.
Application and Fee Requirements
for Accessory Building,
Foundations System, or Engineered
Tiedown System Standard Plan
Approvals.
Construction and Alteration Permit
Fees.
Building Permit Fees.
Earthquake Resistant Bracing
System Fees.
Standard Plan Approval.
Permit for Mobilehome Installation.
California Environmental Quality
Act Compliance.
Permit Applications — Required
Approvals.
Plans.
§ 1036.
Expiration of Permits.
§ 1038.
Extension of Permit to Construct.
§ 1040.
Construction and Alteration Permit
Fees.
§ 1042.
Swimming Pools.
§ 1044.
Construction.
§ 1045.
Excavation and Grading.
§ 1046.
Stop Order
§ 1048.
Inspections.
§ 1050.
Construction Permit Penalty.
§ 1052.
Swimming Pools.
§ 1054.
Excavation and Grading.
Article 2.
General Park Requirements 40
§1100.
Application and Scope.
§ 1102.
Responsibility.
§ 1104.
Lot Address Identification and Lot
Line Marking.
§ 1105.
Lot Line Changes.
§1106.
Roadways.
§ 1108.
Park Lighting.
§ 1110.
Occupied Area.
§1112.
Required Toilet and Shower
Facilities.
§1114.
Animals.
§1116.
Lot and Park Area Grading.
§1118.
Lot Occupancy.
§ 1120.
Rubbish and Accumulation of Waste
Material.
§ 1122.
Emergency Information.
Article 3.
Electrical Requirements 43
§ 1130.
Application and Scope.
§1132.
Permanent Building Electrical
Regulations.
§ 1134.
Electrical Requirements.
§ 1136.
Conductors and Equipment.
§1138.
Energizing.
§ 1140.
Distribution System.
§ 1142.
Design Requirements.
§ 1144.
Electric Heating.
§ 1146.
Voltage Drop.
§ 1148.
Overcurrent Protection.
§ 1150.
Park Electrical Disconnecting
Means.
§1151.
Lot Electrical Disconnecting
Means.
§ 1152.
Ground-Fault Protection.
§1153.
Equipment Grounding.
§1154.
Primary System Grounding — 600
Volts or Less.
§1156.
Primary System Grounding — Over
600 Volts.
§1158.
Secondary Systems — Lot Service
Equipment.
§1160.
Secondary Systems — Other than
Lot Service Equipment.
§ 1162.
Grounding Connections.
§ 1163.
Grounding of Units.
§ 1164.
Feeder Assembly.
§ 1166.
Grounding Conductors.
§ 1170.
Protection of Outdoor Equipment.
§ 1172.
High-Voltage Conductors.
§ 1176.
Aluminum Conductors.
§1178.
Mechanical Protection.
Page i
(1-12-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
§ 1180
§ 1182
§ 1183
§ 1184
§ 1185
§1186
§ 1188
§ 1190
Ariicle 4.
§ 1300.
§ 1302.
§ 1304.
§ 1305.
§ 1306.
§ 1308.
§ 1310.
§1312.
§ 1314.
§ 1316.
Lot Service Equipment.
Installation of Lot Service
Equipment.
Access to Electrical Equipment.
Lot Location.
Electrical Appliances, Equipment,
and Air Conditioning.
Lot Receptacles.
Existing Electrical Installations.
Authority to Order
Disconnect-Electrical.
Fuel Gas and Oil
Requirements 47
§1200
Application and Scope.
§ 1202
Application and Scope.
§1204
Permit Required.
§ 1206
Federal Regulations.
§ 1208
Basic Fuel Gas Regulations.
§ 1210
Liquefied Petroleum Gas (LPG).
§ 1211
LPG Tanks.
§ 1212
Prohibited Location of Tanks.
§ 1214
Material.
§ 1216
Installation.
§ 1218
Park Gas System Shutoff Valve.
§ 1220
Lot Gas Shutoff Valve.
§ 1222
Lot Gas Outlet.
§1224
Mobilehome Gas Connector.
§1226
Gas Meters.
§ 1228
Mechanical Protection.
§ 1229
Regulator and Relief Vents.
§ 1230
Required Gas Supply.
§ 1232
Gas Pipe Size.
§1234
Fuel Oil Tanks.
§1236
Authority to Order Disconnect of
Fuel Gas Equipment.
Article 5.
Plumbing Requirements
§1240
Application and Scope.
§1242
Application and Scope.
§ 1244
Permits Required.
§ 1246
Basic Plumbing Regulations.
§ 1248
Sewage Disposal.
§ 1250
Material.
§ 1252
Installation.
§1254
Lot Drain Inlet.
§ 1256
Location of Lot Drain Inlet.
§ 1258
Trap.
§ 1260
Venting.
§ 1262
Vent Location and Support.
§ 1264
Wet Vented Systems.
§ 1266
Systems Without Traps.
§ 1268
Pipe Size.
§ 1270
Lot Water Service Outlet.
§1272
Shutoff Valve.
§1274
Lot Water Service Outlet.
§ 1276
Pressure.
§ 1278
Water Pipe Size.
§ 1280
Mechanical Protection.
§ 1282
Mobilehome Water Connector.
§1284
Water Conditioning Equipment.
Article 6.
Fire Protection Standards
for Parks
50
53
Application and Scope.
Local Fire Prevention Code
Enforcement.
Local Regulations.
Fire Fighting Instructions.
Permits Required.
Lot Installations.
Alternate Systems.
Private Systems.
Care of Equipment.
Private Fire Hydrant Operation and
Water Flow Requirements.
§ 1317.
§ 1318.
§ 1319.
Article 7.
§ 1320.
§ 1322.
§ 1324.
§ 1326.
§ 1328.
§ 1330.
§ 1332.
§ 1333.
§ 1333.5
§ 1334.
§ 1334.1
§ 1334.2
§ 1334.4
§ 1334.5
§ 1334.6
§ 1335.
§ 1335.5.
§ 1336.
§ 1336.1
§ 1336.2
§ 1336.3
§ 1336.4
§ 1336.5
§ 1337.
§ 1338.
§ 1338.1
§ 1338.5
§ 1339.
§ 1340.
§ 1342.
§ 1344.
§ 1346.
§ 1348.
§ 1350.
§ 1352.
§ 1354.
§ 1356.
§ 1358.
§ 1360.
§ 1362.
§ 1364.
§ 1366.
§ 1368.
Article 7.5.
Private Fire Hydrant Test and
Certification.
Private Fire Hydrants with
Violations.
Private Fire Hydrant Compliance for
Park Operation.
MH-Unit and Commercial
Modular Installations and
Facilities 56
Application and Scope.
Application and Scope.
Installation Permits.
Inspection.
Utility Facilities.
Unit Separation and Setback
Requirements Within Parks.
Local Requirements.
Foundation Systems.
Utility Connections for
Manufactured Homes,
Mobilehomes, and Commercial
Modulars on Foundation Systems.
MH-Unit Support Piers and
Footings.
Mechanical Connection of Concrete
Piers or Steel Piers.
Mechanical Connection of Concrete
Block Piers.
Footings in Areas Subject to Ground
Freezing.
Footings on Uneven Surfaces.
Vapor Barriers.
Load Bearing Supports,
Manufacturer's Installation
Instructions.
Load Bearing Support Systems.
Without Manufacturer's Installation
Instructions.
Wind Load Calculation.
Listed Tiedown Assemblies.
Installation Requirements for a
Tiedown System Consisting of
Listed Tiedown Assemblies.
Engineered Tiedown System.
Mechanical Connection of Concrete
Piers or Steel Piers.
Mechanical Connection of Concrete
Block Piers.
Support Inspection.
Roof Live Load.
Roof Live Loads for Mobilehome
Parks Located Above 4000 Feet in
Elevation.
School Impact Fees.
Compliance with Local Floodplain
Management Ordinances.
Horizontal Wind Loads.
Other Mobilehomes.
Clearances.
Skirting Design and Construction.
Leveling.
Support Inspection.
Electrical Feeder Assembly.
MH-Unit Gas Connector.
MH-Unit Water Connector.
Drain, Unit.
Air-Conditioning Installation.
Installation Test.
Approval Tags.
Statement of Mobilehome
Installation Acceptance or
Certificate of Occupancy.
Requirements for Exit Doorways,
MH-Unit Earthquake-Resistant
Bracing Systems (ERBS) 67
Page ii
(1-12-2007)
Title 25
Mobile Home Parks and Installations
Table of Contents
Page
Page
§ 1370.
Application and Scope.
§ 1370.2.
Certification Required.
§ 1370.4.
Enforcement and Penalties.
§ 1370.6.
Definitions.
§ 1371.
Construction and Design
Requirements.
§ 1372.
Certification Application.
§ 1372.2.
Plan Requirements.
§ 1372.4.
Certification Application Review
and Notice of Department Decision.
§ 1372.6.
Calculations and Test Procedures.
§ 1373.
Expiration.
§ 1374.
Revisions of Certification.
§ 1374.2.
Amended Regulations.
§ 1374.4.
Change of Ownership, Name or
Address.
§ 1374.5.
Permit Required.
§ 1374.6.
Permit Application.
§ 1374.7.
Installation Requirements.
§ 1375.
Inspections.
§ 1375.2.
Required Correction and
Reinspection.
§ 1376.
Fees.
§ 1377.
Permit Application Review and
Notice of Department Decision.
Article 8.
Permanent Buildings and
Commercial Modulars
§ 1380.
Authority.
§ 1382.
Application and Scope.
§ 1384.
Local Regulations.
§ 1386.
Standard Plan Approval, Permanent
Buildings.
§ 1388.
Construction of Permanent
Buildings.
§ 1390.
Electrical Regulations.
§ 1392.
Mechanical and Fuel Gas
Equipment and Installations.
§ 1394.
Plumbing Regulations.
§ 1396.
Fire Protection Equipment.
§ 1398.
Energy Conservation Standards.
§ 1399.
Commercial Modular
Requirements.
§ 1400.
Commercial Coach Use.
Article 9.
Accessory Buildings and
Structures
§ 1420.
Authority.
§ 1422.
Application and Scope.
§ 1424.
Regulated Structures.
§ 1426.
Responsibility.
§ 1428.
Location.
§ 1429.
Required Exits.
§ 1430.
Occupied Area.
§ 1432.
Construction.
§ 1433.
Roof Live Load.
§ 1433.1.
Accessory Building or Structure
Roof Live Loads in Parks Located
Above 4,000 Feet in Elevation.
§ 1434.
Calculations and Test Procedures.
§ 1436.
Electrical Installations.
§ 1438.
Mechanical Installations.
§ 1440.
Plumbing.
§ 1442.
Foam Building System
Flammability Standards.
§ 1443.
Private Garages and Storage
Buildings.
§ 1444.
Cabana Permitted.
§ 1446.
Cabana — Design and Construction.
§ 1448.
Cabana — Dimensions.
§ 1450.
Cabana-Support System.
§ 1452.
Cabana — Floors.
§ 1454.
Cabana — Weather Protection.
§ 1456.
Cabana — Exits.
§ 1458.
Cabana — ^Light and Ventilation.
§ 1460.
Cabana — Electrical Installations.
§ 1462.
Cabana — Cooking Facilities.
§ 1464.
§ 1466.
§ 1468.
§ 1470.
§ 1472.
§ 1474.
§ 1476.
§ 1478.
§ 1480.
§ 1482.
§ 1484.
§ 1486.
§ 1488.
§ 1490.
§ 1492.
§ 1494.
§ 1496.
§ 1498.
§ 1500.
72
73
Cabana — Energy Standards.
Awning — Permitted.
Awning — Design and Construction.
Awning — Dimensions.
Awning — Foundations.
Awning — Enclosures.
Carport and Awning— Location.
Carport — Permi tted .
Carport — Design and Construction.
Carport — Dimensions.
Carport — Enclosures.
Ramada — Permitted.
Ramada — Location.
Ramada — Design and Construction.
Ramada — Enclosure Prohibited.
Ramada — Roof Venting.
Porches— Required Exit Facilities.
Landing. Porch and
Stairway — Design and
Construction.
Porch and Stairway Support
System.
§ 1502.
Porch — Guardrails.
§ 1504.
Stairway — Handrails.
§ 1506.
Ramps and Handrails.
§ 1508.
Storage Cabinets — Number
Permitted.
§ 1510.
Storage Cabinets.
§1512.
Storage Cabinets — Dimensions.
§ 1514.
Fence Height and Location.
§ 1516.
Fence or Windbreak — Location.
§ 1518.
Standard Plan Approval.
§ 1520.
Building Components.
icle 10.
Violations, Complaints,
Abatement, and Hearings 79
§ 1600.
Application and Scope.
§ 1602.
Application and Scope.
§ 1604.
Responsibility.
§ 1605.
Substandard Permanent Buildings.
§ 1606.
Substandard MH-Unit.
§ 1607.
Substandard Recreational Vehicle.
§ 1608.
Substandard Accessory Buildings
and Structures and Building
Components.
§ 1610.
Abatement.
§1611.
Notice of Violation, Complaints,
and Orders to Correct.
§ 1612.
Final Notice Requirements.
§ 1613.
Request for Hearing, Notice of Time
and Place for Hearing.
§ 1614.
Lot Occupancy.
§1615.
Hearing.
§ 1616.
Time to Bring Action.
§ 1617.
Consequences of Failure to Abate.
§ 1618.
Responsibility for Costs.
§ 1619.
Removal.
§ 1620.
Driveways (Roadways).
§ 1622.
Rental of Mobile Homes.
§ 1624.
Permits Required.
§ 1626.
Permit for Mobile Home
Installation.
§ 1628.
Required Exit Facilities.
§ 1630.
Construction Permit Penalty.
§ 1632.
Removal of Vehicle Tongue.
§ 1634.
Mobile Home Connections and
Installations.
§ 1636.
Permanent Building Maintenance.
§ 1640.
Substandard Buildings.
§ 1642.
Abatement.
§ 1644.
Existing Electrical Installations.
§ 1646.
Access to Electrical Equipment.
§ 1648.
Grounding of Mobile Homes.
§ 1650.
Electrical Appliances, Equipment,
and Air Conditioning.
§ 1652.
Electrical Feeder Assembly.
Page iii
(1-12-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
§ 1654.
§ 1636.
§ 1658.
§ 1660.
S 1662.
§ 1664.
§ 1666.
§ 1668.
§ 1670.
§ 1672.
§ 1674.
§ 1676.
§ 1678.
§ 1680.
§ 1682.
§ 1684.
§ 1686.
§ 1688.
§ 1690.
§ 1692.
§ 1694.
§ 1696.
§ 1698.
§ 1700.
§ 1702.
§ 1704.
§ 1706.
§ 1708.
§ 1710.
§ 1712.
Authority to Order
Disconnect — Electrical.
Fuel Gas Systems — Maintenance.
Unused Gas Outlets.
Gas Outlet Risers or Meters.
Mobile Home Gas Connector.
LP — Gas Containers.
LP— Gas Vessels.
Charging of Vessels.
Prohibited Location of Vessel.
Authority to Order Disconnect Fuel
Gas Equipment.
Maintenance of Required Toilet and
Shower Facilities.
Trap.
Venting.
Mobile Home Drain Connector.
Mobile Home Water Connector.
Fire Fighting Instructions.
Emergency Information.
Fire Conditions.
Rubbish.
Fuel Containers.
Care of Equipment.
Accumulation of Waste Material.
Fuel Oil Containers.
Permitted Uses.
Occupancy Requirements.
Substandard Mobile Home.
Substandard Recreational Vehicle.
Abatement.
Inspection and Notice.
Proceedings.
Page
§1714. Request for Hearing.
§1716. Notice of Time and Place of
Hearing.
§1718. Hearing.
§ 1720. Time to Bring Action.
§ 1722. Removal of Mobile Home or
Recreational Vehicle.
§1724. Responsibility for Costs.
§ 1726. Removal.
§ 1728. Awning — Foundations.
§ 1730. Awning — Enclosures.
§ 1732. Awning and Carport — Location.
§ 1734. Carport — Permitted.
§ 1733. Carport — Enclosures.
§1736. Accessory Buildings and
Structures — Maintenance.
§ 1738. Substandard Mobile Home
Accessory Buildings and Structures.
§ 1740. Abatement.
Article 11. Informal Conferences and
Formal Appeals 82.5
§ 1750. Application and Scope.
§ 1752. Request for Informal Conference.
§ 1754. Informal Conference.
§ 1756. Request for Appeal of Decision
Rendered in Informal Conference.
§ 1 758. Petition to Review Order of Local
Enforcement Agency Following
Formal Hearing.
Subchapter 2. Special Occupancy Parks 82.7
•
Page iv
(1-12-2007)
Title 25
Mobilehome Parks and Installations
§1002
Chapter 2. Mobilehome Parks and
Installations
Article 1. Administration and Enforcement
§1000. Application and Scope.
(a) Except as otherwise provided in sections 1 8300, J 8303, and 1 8304,
Health and Safety Code, the provisions of this chapter shall apply to the
constaiction, use, maintenance, and occupancy of mobilehome parks,
mobilehome and special occupancy lots, permanent buildings, accessory
buildings or structures, and building components wherever located, both
within and outside of mobilehome parks, in all parts of the state. These
provisions shall also apply to the use, maintenance, and occupancy of
manufactured homes, mobilehomes, multi-unit manufactured homes
and recreational vehicles, and the installations for supplying fuel gas, wa-
ter, electricity, and the disposal of sewage from accessory buildings or
structures, building components, recreational vehicles, manufactured
homes, multi-unit manufactured homes and mobilehomes wherever lo-
cated within mobilehome parks, in all parts of the state.
(b) Provisions that apply only to Special Occupancy Parks, or separate
designated special occupancy park sections within a park, are located in
Title 25, California Code of Regulations, Division 1, chapter 2.2 of this
division.
(c) Existing construction, connections, and installations of units, ac-
cessory buildings and structures, building components, plumbing, elec-
trical, fuel gas, fire protection, earthquake resistant bracing, and perma-
nent buildings made before the effective date of the requirements of this
chapter may continue in use so long as they were in compliance with re-
quirements in effect at the date of their installation and are not found to
be substandard.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18303, 18304, 18552, 18605, 18610, 18612, 18613, 18620, 18630, 18640,
18670, 18690 and 18691, Health and Safety Code.
History
1. New Chapter 2 (Subchapters 1 and 2, Sections 1000-2864, not consecutive; Ap-
pendices A-E) filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No.
23). For history of former Chapter 2, see Register 78, No. 11.
2. Editorial correction of HISTORY NOTE No. 1 (Register 85, No. 36).
3. Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 85, No. 36).
4. Amendment of chapter heading, repealer of former subchapter 1 heading and
amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 11 343.4 (Register 2004, No. 28).
5. Editorial correction of chapter heading (Register 2005, No. 33).
§1002. Definitions.
In addition to the definitions contained in this section, which apply
only to this chapter, the definitions contained in sections 18200-18700
of the Health and Safety Code and those definitions relating to building
standards contained in Title 24, California Code of Regulations Parts 2,
3, 4, and 5, are also applicable to the requirements of this chapter.
(a) -A-
(1) Accessory building or structure. Any awning, window awning, ca-
bana, ramada, storage cabinet, storage building, private garage, carport,
fence, stairway, ramp, or porch, or any other building or structure other
than a patio, established for the use of the occupant of a unit.
(2) Approved. Reviewed and/or inspected and deemed acceptable to
the local enforcement agency.
(3) Architect. A person licensed by the State of California, qualified
to practice architecture in this state. For purposes of this chapter, an ar-
chitect designing or approving plans shall have skill, knowledge, and ex-
pertise in that scope of practice.
(4) Awning. An accessory structure, used for shade or weather protec-
tion, supported by one or more posts or columns and partially supported
by a unit or other accessory structure installed, erected, or used on a lot.
(5) Awning Enclosure. An enclosure designed for outdoor recreation-
al purposes, not for habitation, constructed under an awning or freestand-
ing awning, which may include a screen room, and either an accessory
building or structure, or a building component.
(6) Awning, Freestanding. An accessory staicture, used for shade or
weather protection, supported entirely by columns or posts and, other
than with flashing, not attached to or supported by a unit or other accesso-
ry structure.
(7) Awning, Window or Door. An accessory structure, used for shad-
ing a window or door, supported wholly by the unit or other accessory
building or structure to which it is attached.
(b) -B-
(1) Branch Water Service Line. That portion of the water distribution
system extending from the park water main to a lot, including connec-
tions, devices and appurtenances.
(2) Building Components. Any subsystem, subassembly, or other sys-
tem, constructed or assembled in accordance with the provisions of
California Factory-Built Housing Law, contained in the California
Health and Safety Code commencing with section 19960, designated for
use in, or as part of, an accessory building or structure, which may include
structural, electrical, mechanical, plumbing, and fire-protection systems
and other systems affecting health and safety. However, "building com-
ponents" do not include appliances or equipment, such as heaters, stoves,
refrigerators, or air conditioners, which have been listed and labeled by
an approved testing and listing agency.
(3) Building Standard. Any rule, regulation, or other requirement
adopted by the California Building Standards Commission, or a local
government pursuant to Section 17958.5 of the Health and Safety Code,
pertaining to the construction, plumbing, electrical, and fuel gas equip-
ment, and installations within permanent buildings in parks. See also sec-
tion 18909 division 13, part 2.5.
(c)-C-
(1 ) Cabana. A freestanding accessory building or structure, or building
component of a unit, located immediately adjacent to and intended to in-
crease the living area of that unit, which is a portable, demountable, or
permanent room enclosure or other building erected or constructed for
habitation. A cabana shall not exceed the size of the unit to which it is an
accessory.
(2) California Building Code. California Code of Regulations, Title
24, Part 2, as adopted and published by the California Building Standards
Commission.
(3) California Electrical Code. California Code of Regulations, Title
24, Part 3, as adopted and published by the California Building Standards
Commission.
(4) California Fire Code. California Code of Regulations, Title 24, Part
9, as adopted and published by the California Building Standards Com-
mission.
(5) California Mechanical Code. California Code of Regulations, Title
24, Part 4, as adopted and published by the California Building Standards
Commission.
(6) California Plumbing Code. California Code of Regulations, Title
24, Part 5 , as adopted and published by the California Building Standards
Commission.
(7) Carport. An accessory structure for vehicle parking, used for shade
or weather protection, supported by one or more posts or columns and
partially supported by a unit or other accessory structure installed,
erected, or used on a lot.
(8) Carport, Freestanding. An accessory structure for vehicle parking,
used for shade or weather protection, supported entirely by columns or
posts and, other than flashing, not attached to or supported by a unit or
other accessory structure.
(9) Certificate of Occupancy. A document issued by the enforcement
agency when an MH-unit or commercial modular, installed on a founda-
tion system, is approved for occupancy by the enforcement agency.
Page 25
Register 2006, No. 52; 12-29-2006
§1002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(JO) Certification. The department's stamp of approval applied to the
earthquake resistant bracing system manufacturer's plans and installa-
tion instructions.
(11) Cited Person. A person or entity issued a notice of violation for
a violation of this chapter or applicable Jaws who is responsible for its
correction.
( 1 2) Coinbustible. As applied to building construction is any material
or construction which does not meet the criteria of noncombustible as de-
fined in subsection (n) of this section.
(13) Common Area. An area, within the boundaries of the park, that
is not specific to any lot or space and is under the ownership and control
of the park.
(14) Commercial Modular. "Commercial modular" means a structure
transportable in one or more sections, designed and equipped for human
occupancy for industrial, professional, or commercial purposes, which
is required to be moved under permit, and shall include a trailer coach as
defined in section 635 of the Vehicle Code. "Commercial coach" has the
same meaning as "commercial modular" as that term is defined in section
18001.8 of the Health and Safety Code.
(15) Concrete Block Pier. An assembly of load-bearing, concrete
blocks with wooden wedges used to support and level a unit.
(16) Concrete Pier. A concrete load-bearing support that incorporates
into its structure an adjustable means of raising and leveling the unit.
(17) Contractor. Any person as defined in Business and Professions
Code sections 7026 through 7026.3.
(d) -D-
(1) Department. The Department of Housing and Community Devel-
opment.
(2) Dependent Unit. A unit not equipped with a toilet and sewage dis-
posal system.
(3) Drain Connector. The extension, from the unit's or accessory
building's or structure's drain outlet, to the lot's drain inlet.
(4) Drain Outlet. The discharge end of a unit's or accessory building's
or structure's, sewage drainage system.
(e)-E-
(1) Earthquake Resistant Bracing System (ERBS). An anchoring sys-
tem, bracing system, or other device designed and constructed for the
purpose of protecting the health and safety of the occupants of, and re-
ducing damage to, an MH-unit in the event of an earthquake. See also,
"ERBS."
(2) Electrical Feeder Assembly. The overhead or underchassis feeder
conductors, including the equipment grounding conductor, together with
the necessary fittings and equipment, designed for the purpose of deli ver-
ing energy from the lot electrical service equipment to the branch circuit
distribution panelboard of the unit or accessory building or structure.
(3) Electrical Service, Park. The conductors and equipment for deliv-
ering electrical energy from the electrical supply system or the generator
of an isolated plant, to the electrical wiring system of the park.
(4) Electrical System, Park-Primary. That part of the electrical wiring
system of the park distributing electrical energy to the park's secondary
electrical system.
(5) Electrical System, Park-Secondary. That part of the electrical wir-
ing system of the park distributing electrical energy at a nominal 120 or
1 20/240 volts, single phase.
(6) Electrical Wiring System, Park. All of the electrical equipment, ap-
purtenances and related electrical installations outside of permanent
buildings, units, and accessory buildings or structures within a park.
(7) Emergency. An occurrence constituting a present or imminent seri-
ous risk to life, health, safety, or property requiring immediate correc-
tion.
(8) Energize. The act of applying electrical energy, or gas or water
pressure.
(9) Enforcement Agency. The Department of Housing and Communi-
ty Development, or any city, county, or city and county that has assumed
responsibility for the enforcement of this chapter and chapter 2.2 pur-
suant to sections 1 8300 and 18865 of the Health and Safety Code.
(10) Engineer. A person registered with the State of California as a
professional engineer qualified to practice engineering in this state. For
purposes of this chapter, an engineer designing or approving plans shall
have skill, knowledge, and expertise in that scope of practice.
(11) Equipment. All materials, appliances, devices, fixtures, fittings,
or accessories used in the structural, fire safety, plumbing, mechanical,
and electrical systems of units, accessory buildings and structures, build-
ings, structures, infrastructures, and systems subject to this chapter.
(J 2) ERBS. The acronym for an earthquake resistant bracing system.
(13) ERBS-Manufacturer. A person, firm or business engaged in as-
sembly or construction of earthquake resistant bracing systems forMH-
units.
(J4) ERBS-Manufacturer's InstalJation Instructions. The specific
written directions for an earthquake resistant bracing system to be
instalJed on or under MH-units.
(f)-F-
(1) Feeder. The conductors for conveying electrical energy between
any two points in the park's electrical, wiring system excluding electrical
feeder assemblies.
(2) Fence. A freestanding vertical wall structure.
(3) Fire Agency. A city, county, or city and county fire department, or
fire district.
(4) Fire Hydrant. A connection to a water source for the purpose of
supplying water to a fire hose or other fire protection apparatus, and for
the purposes of this chapter, includes a standpipe.
(5) Fire Hydrant, Private. A fire hydrant including wet standpipes
owned by the park.
(6) Fire Hydrant System. All fire hydrants, water piping, pumps, tanks,
and valves attached to the water system supplying the hydrants.
(7) Footing. The portion of a support, in direct contact with the ground,
that distributes imposed loads to the soil.
(8) Forms
(A) Annual Permit To Operate (local enforcement agency), HCD
503B, dated 7/04.
(B) Application For Alternate Approval, HCD 511, dated 7/04.
(C) Application For Certification Of Manufactured Home Or Mobile-
home Earthquake Resistant Bracing System, HCD 50 ERBSCERT,
dated 7/04.
(D) Application For Permit To Construct, HCD 50, dated 7/04.
(E) Application For Permit To Operate, HCD 500, dated 7/04.
(F) Application For Standard Plan Approval, HCD 520, dated 7/04.
(G) Certificate of Occupancy, HCD 513C, dated 7/04.
(H) Floodplain Ordinance Compliance Certification For Manufac-
tured Home/Mobilehome Installations, HCD 547, dated 7/04.
(I) Manufactured Home or Mobilehome Installation Acceptance (Lo-
cal Enforcement Agency), HCD 513B, dated 7/04.
(J) Manufactured Home or Mobilehome Installation Acceptance,
HCD 513A, dated 7/04.
(K) Permit To Operate (local enforcement agency), HCD 500A, dated
7/04.
(L) Plot Plan, HCD 538, dated 7/04.
(M) Private Fire Hydrant Test And Certification Report, HCD MP
532, dated 01/07.
(N) School Impact Fee Certification, HCD MP 502, dated 7/04.
(9) Foundation System.
An assembly of materials designed and engineered by an architect or
engineer to resist the imposition of external forces once the MH-unit or
commercial modular is installed upon it. The installation on a foundation
is classified as one of the following:
(A) Foundation installation — a fixture or improvement to real proper-
ty, recorded with the county recorder's office, once recorded is no longer
personal property, and which complies with the requirements of Health
and Safety Code section 18551(a); or
(B) Chattel installation — neither a fixture nor an improvement to real
property, not recorded with the county recorder's office, remains person-
Page 26
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1002
a] property, and which complies with the requirements of Health and
Safety Code section 18551(b).
(g)-G-
(1) Garage. An enclosed accessory building or stmcture located on a
lot and designed for the storage of motorized vehicles.
(2) Gas Connector. A flexible connector, listed for exterior use, to con-
vey gas from a gas riser outlet to the gas supply connection of a unit.
(3) Gas Piping System, Park. The pipe, equipment and related installa-
tions, outside of permanent buildings, units, or accessory buildings or
structures, for distributing gas throughout the park.
(4) Gas Riser Outlet. That portion of a park gas service lateral or gas
piping system, extending above ground, serving a lot.
(5) Gas Service Lateral. The pipe or that portion of a park gas piping
system extending from the main park gas line to the individual gas riser
outlet serving a lot.
(6) Good Cause. What the enforcement agency would find to be a rea-
sonable basis for failing to appear at the time and place scheduled for a
hearing, informal conference, formal hearing, or for not complying with
a specified timeline.
(7) Greenhouse. An accessory structure constructed mainly of translu-
cent or transparent materials used for the cultivation of plants.
(8) Gross Floor Area. The floor area enclosed within the surrounding
exterior walls of a unit, accessory building or stmcture, or portions there-
of. Where there are no walls, "Gross Floor Area" means the usable area
contained within the horizontal projection of the roof and floor.
(9) Ground Anchor. That part of a tiedown assembly that is inserted
into the ground.
(10) Guardrail. A vertical barrier erected along the open edges of a
porch or other elevated area to prevent persons from falling to a lower
level.
(h) -H-
(1) Habitable Room or Structure. Any structure or room within a struc-
ture meeting the requirements of this chapter for sleeping, living, cook-
ing, or dining purposes, excluding such enclosed spaces as awning enclo-
sures, closets, pantries, bath or toilet rooms, service rooms, connecting
corridors, laundries, unfinished attics, foyers, storage spaces, unfinished
cellars, utility rooms, and similar spaces.
(2) Handrail. A railing provided for grasping with the hand for support,
erected along one or more edges of a stairway or ramp.
(3) Hearing Officer. The authorized representative of the enforcement
agency, or other official authorized to conduct hearings.
(i)-l-
(1) Independent Unit. A unit equipped with a toilet and designed to be
connected to a lot sewer inlet.
(2) Identification Label. A decal, tag, or label indicating acceptance by
the department of a standard plan for an accessory building or structure.
(3) Insignia or Label of Approval. A tag or label required pursuant to
Health and Safety Code section 18026, or 18027.3 and permanently af-
fixed to each section of a unit indicating compliance with applicable reg-
ulations of the department or with the Federal Manufactured Home
Construction and Safety Standards, Title 24 of the Code of Federal Regu-
lations, Part 3280.
(j) -J- Reserved
(k) -K- Reserved
(/)-L-
(1) Landing, Stairway. An individual platform, not to exceed twelve
(12) square feet, usually at the top or bottom of a stairway, to ease the
transition from a stairway to a level walking surface. Landings for ramps
must comply with requirements in the California Building Code.
(2) Lath structure. An accessory structure of open design, having no
solid roof or walls.
(3) Listed. All equipment, materials, products, and installations in-
cluded in a list published by an approved listing agency.
(4) Listing Agency. An independent agency approved by the depart-
ment that:
(A) is in the business of listing and labeling equipment, materials,
products, or installations; and
(B) maintains a periodic inspection program on current production of
listed equipment, materials, or products or periodic evaluations of listed
installations; and
(C) makes available at least annually a published report of listings that
includes specific information about the nationally recognized standard
with which each item complies and the manner in which the item is safe
for use, or information about the listed equipment, material, product, or
installation that has been tested and found suitable for use in a specified
manner.
(5) Load. Any of the forces that a structure is designed to withstand,
including any permanent force such as the weight of a roof, known as a
dead load; any moving or temporary force, such as the weight of occu-
pants, known as a live load; wind loads imposed by wind activity; and
seismic loads imposed by seismic activity.
(6) Lot Access. An unobstructed way or means of approaching a road-
way or public thoroughfare to or from a lot.
(7) Lot Electrical Service Equipment, Park. That equipment contain-
ing the means to connect or disconnect overcurrent protective devices
and receptacles, or other means for supplying a unit, listed appliance, ac-
cessory building or structure, or building component from the park's
electrical supply.
(8) Lot Line Change. The alteration, movement, or shifting of a lot line
for an existing lot.
(9) Lot Line Creation. The initial establishment of a lot line for a new
lot.
(10) Lot Water Service Outlet, Park. That portion of the park's water
distribution system, including equipment and devices, provided with a
fitting for connecting a unit's water connector.
(m) -M-
(1) MH-unit. A term, as used in this chapter, to replace references to
"mobilehome, manufactured home, and multi-unit manufactured hous-
ing".
(2) Maintenance Inspection. A general park inspection by the enforce-
ment agency, undertaken pursuant to Health and Safety Code section
18400.1 in effect at the time of the inspecdon.
(3) Mobilehome/Manufactured Home Installafion Acceptance Certif-
icate. A document issued by the enforcement agency when an MH-unit
is approved for occupancy by the enforcement agency pursuant to Health
and Safety Code section 18613 or 18551(b).
(4) Model. A specific design or style of an accessory building or struc-
ture, foundation system, earthquake resistant bracing system, or tiedown
system designed as a specific assembly of component structural parts.
Any difference in materials or construction or dimensions, which affect
the structural design, shall constitute a different model.
(n) -N-
(1 ) N.F.P. A. An acronym for the National Fire Protection Association.
(2) Noncombustible. As applied to building construction is any mate-
rial which meets the criteria for "noncombusfible" as specified in section
215 of the California Building Code.
(3) Nuisance. A "nuisance" is as defined in Civil Code section 3479;
"private nuisance" is as defined in Civil Code section 3481; and "public
nuisance" is as defined in Civil Code section 3480 and Penal Code sec-
tion 370.
(0) -O-
(1) Occupant. For the purposes of this chapter, means a person who
lawfully occupies a unit on a lot.
(2) Occupied Area. The total of all the space occupied by a unit, includ-
ing eave overhangs and projections; building components; and all acces-
sory buildings or structures on a lot.
(3) Operator. The person or entity to whom a permit to operate is issued
by the enforcement agency.
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Register 2006, No. 52; 12-29-2006
§1002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) Owner. The person or entity that legally owns or possesses an item,
property, or business through title, lease, registration or other legal docu-
ment.
(P) -P-
(1) Park. For purposes of this chapter, is any manufactured housing
community or mobilehome park.
(2) Park Trailer. A recreational vehicle as defined in Health and Safety
Code section 1 8009.3.
(3) Patio. A paved or raised area not to exceed eight (8) inches in height
above grade, used for access or recreational activities.
(4) Permanent Building. Any permanent structure under the control
and ownership of the park owner or operator which is not on a lot and is
expressly used in the operation of the park such as for the park office, a
community center, or park storage facilities.
(5) Permit to Operate. A permit issued annually by the enforcement
agency authorizing operation of a park.
(6) Pier. A vertical support constructed of concrete, steel, or concrete
block for the transmission of loads from a unit, accessory building or
structure, or building component, to a footing. A pier does not include the
footing.
(7) Porch. A freestanding, outside walking platform with an area ex-
ceeding twelve (12) square feet, having a floor or deck surface elevated
more than eight (8) inches above grade.
(8) Power Supply Cord. A flexible cord assembly of conductors, in-
cluding a grounding conductor, connectors, attachment plug cap, and all
other fittings, grommets, or devices, designed for the purpose of deliver-
ing electrical energy from the park's lot electrical service equipment to
the branch circuit distribution panelboard of the unit.
(9) Private Fire Hydrant. See "Fire Hydrant, Private".
(q) -Q- Reserved
(r)-R-
(1) Ramada. Any freestanding roof, or shade structure, installed or
erected above a unit or accessory building or structure or any portion
thereof.
(2) Ramp. An accessory structure providing a sloping path of travel,
intended for pedestrian traffic.
(3) Recreational Vehicle. A vehicle as defined in section 18010 of the
Health and Safety Code and includes a park trailer, as defined in Section
18009.3 of the Health and Safety Code.
(4) Registered Owner. A person registered by the appropriate depart-
ment as the owner of the unit.
(5) Responsible Person. For purposes of this chapter, is any of the fol-
lowing:
(A) The park owner or operator for park-owned property or facilities.
(B) An available person, employed by the park for emergencies, as de-
fined in section 18603 of the Health and Safety Code.
(C) Any person or entity that obtains a permit to construct.
(D) The owner of a unit, accessory building or structure, or building
component.
(6) Retaining Wall. A wall designed to resist the lateral displacement
of soil or other materials.
(7) Roadway. A thoroughfare for vehicular traffic within a park.
(s) -S-
(1) Sanitation Station, Recreational Vehicle. A plumbing receptor de-
signed to receive the discharge of sewage holding tanks of self-contained
recreational vehicles and which is equipped with a water hose connection
for washing the receptor.
(2) Sewage Drain Lateral. That portion of the park sewage system that
extends to an individual lot drain inlet.
(3) Sewage Drainage System. All the piping within or attached to the
unit or accessory building or structure that conveys sewage or other liq-
uid wastes to the drain outlet.
(4) Sewer, Park. That part of the park sewage drainage system begin-
ning at the lot drain inlet or from a point two (2) feet downstream from
a permanent building drain connecfion and terminating at the public sew-
er or private sewer disposal system.
(5) Shall. "Shall" means required, and includes "must" and "will".
(6) Skirting. Material used to enclose or partially enclose the area un-
der a unit or accessory building or structure.
(7) Standard Plan Approval (SPA). A plan approved, by the depart-
ment, for an accessory building or structure, an engineered tiedown sys-
tem, or a foundation system, to be installed or constructed on a repetitive
basis, for the purpose of obtaining a construction permit through an en-
forcement agency.
(8) Stairway. A step or any configuration of steps or risers where the
run (length) of an individual tread or step does not exceed thirty (30) in-
ches, and which is designed to enable passage from one elevation to
another.
(9) Steel Pier. A steel support that incorporates into its structure an ad-
justable means of raising and leveling the unit or accessory building or
structure that the pier supports.
(10) Storage Building. An accessory building that may exceed 10 feet
in height or 1 20 square feet of gross floor area located on a lot, designed
and used solely for storage of the personal equipment and possessions of
the unit's occupants. The construction of a storage building shall comply
with the California Building Standards Code, and a permit to construct
is required from the enforcement agency.
(1 1) Storage Cabinet. An accessory structure, not exceeding 10 feet in
height or 120 square feet of gross floor area, located on a lot, designed
and used solely for the use and storage of the personal equipment and
possessions of the unit's occupants.
(12) Support. The entire pier and footing assembly, used to transfer the
loads of a unit, accessory building or structure, or building component to
the ground.
(13) Support System. A system of supports which sustains the vertical
loads of a unit, accessory building or structure, or building component.
A support system does not include a foundation system.
(t) -T-
(1) Technical Service. The providing of interpretation and clarifica-
tion by the enforcement agency of technical data and other information
relating to the application of this chapter.
(2) Tensioning Device. A mechanical device that is part of a tiedown
assembly. The tensioning device allows a person to eliminate any slack
in the tiedown assembly and maintain the tension established when the
slack is eUminated.
(3) Testing Agency. An organization which:
(A) Is in the business of testing equipment and installations;
(B) Is qualified and equipped for such experimental testing;
(C) Is not under the jurisdiction or control of any manufacturer or sup-
plier for any affected industry;
(D) Maintains at least an annual inspection program of all equipment
and installations currently listed or labeled;
(E) Makes available a published directory showing current listings of
manufacturer's equipment and installations which have been investi-
gated, certified and found safe for use in a specified manner and which
are listed or labeled by the testing agency; and
(F) Is approved by the department.
(4) Tiedown Assembly. An assembly of component parts that has been
tested and listed by agencies approved by the department as complying
with the requirements of section 1336.1 of this chapter.
(5) Tiedown System. A tiedown system is used in conjuncUon with a
support system and consists of the total number of tiedown assemblies
required to provide a manufactured home or mobilehome with resistance
to wind loads.
(u) -U-
(1) Unit. A manufactured home, mobilehome, multi-unit manufac-
tured housing, or recreafional vehicle.
(v)-V-
Page 28
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1004
(1) Violation. A failure to conform to the requirements of this chapter,
or any other applicable provision of law.
(2) Violation, Maintenance. A violation discovered during a mainte-
nance inspection performed pursuant to section 18400. J of the Health
and Safety Code.
(w) -W-
(1) Water Connector. The flexible extension connecting the water dis-
tribution system of the unit or accessory building or structure to the
park's lot water service outlet.
(2) Water Distribution System. All of the water supply piping within
a park, extending from the main public supply or other source of supply
to the park's lot water service outlets and including branch service lines,
fittings, control valves, and appurtenances.
(3) Water Main, Park. That portion of the water distribution system
which extends from the main, water meter, or other source of supply to
the branch water service lines.
(4) Water Supply Connection. The fitting or point of connection of the
unit's or accessory building or structure's water distribution system de-
signed for connection to a water connector.
(5) Working Days. All days except Saturdays, Sundays, and applica-
ble local, state and federal holidays.
(6) Workmanlike. Work performed to the acceptable quality of gener-
ally recognized industry standards that does not compromise strength,
function, or durability.
(x) -X- Reserved
(y) -Y- Reserved
(z) -Z- Reserved
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18007, 18008, 18008.5, 18008.7, 18009.3, 18010, 18013.4, 18200, 18206,
18213, 18214.5, 18400.1. 18402, 18551, 18554, 18603. 18610, 18612, 18613,
18613.4, 18613.5, 18630, 18640, 18670, 18690, 18691, 18909 and 19960-19997,
not consecutive. Health and Safety Code.
History
1 . Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 9-8-94 as an emergency; operative 9-19-94 (Register 94,
No. 36). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
3. Amendment refiled 1-1 8-95 as an emergency, including new subsection (hhh)
and subsection relettering; operative 1-17-95 (Register 95, No. 3). A Certifi-
cate of Compliance must be transmitted to OAL by 5-17-95 or emergency lan-
guage will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-95 order including amendment of subsec-
tion (kk) transmitted to OAL 3-31-95 and filed 5-12-95 (Register 95, No. 19).
5. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
6. Amendment of section and Note filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 29).
7. Editorial correction of subsections (c)( 14) and (/) and History 6 (Register 2005,
No. 33).
8. Amendment of subsections (a)(3), (e)(]0), (f)(8)(M) and (s)(8) filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§ 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 pro-
visions 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 sub-
ject to department approval:
(1) Indication of assumption of responsibihty 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 responsibi-
lities.
(3) A statement that the designated local enforcement agency will pro-
vide qualified personnel necessary to enforce Parts 2.1 and 2.3, of Divi-
sion 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 responsi-
bility 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 provi-
sions of Parts 2.1 and 2.3 of Division 13 of the Health and Safety Code,
and Title 25, California Code of Regulations, Division I , Chapters 2 and
2.2.
(A) A statement adopting the state program and objectives as con-
tained 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, in-
cluding 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 Ad-
ministrative 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 Ac-
ceptance;
(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 Regula-
tions, Division 1 , Chapters 2 and 2.2, and the applicable Health and Safe-
ty 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 jurisdicuon of the change in en-
forcement and the designated department or departments responsible for
enforcement and permit issuance.
(f) Every enforcement agency shall comply with the verification of eli-
gibility to receive public benefit requirements of Title 25, California
Code of Regulafions, 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 agency issuing the permit to construct
shall retain enforcement authority for the specified project through
completion of those permits. All other enforcement responsibilities shall
be transferred 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 depart-
ment'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 di-
vision or personnel responsible for enforcing the provisions of this chap-
ter. Chapter 2.2 and sections 18200 through 18874 of the Health and
Safety Code, that agency shall notify the department at least thirty (30)
Page 29
Register 2006, No. 52; 12-29-2006
§ 1004.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
days prior to the proposed date of the changes. The department may per-
form 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 num-
ber, or contact person, it shall notify the Administrative Office of the de-
partment in writing within thirty (30) days of the change.
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.
History
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 1 1346.2(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 Certifi-
cate of Compliance must be transmitted to OAL by 8-4-98 or emergency lan-
guage 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 1 1343.4 (Register 2005, No. 29).
7. Editorial coitection of History 6 (Register 2005, No. 33).
§ 1004.5. Complaint Investigations.
(a) When a complaint alleging violations of this chapter, or sections
1 8200 through 1 8700 of the Health and Safety Code is referred to a local
enforcement agency, the local enforcement agency shall do the follow-
ing:
(1) Make reasonable efforts to contact the complainant to discuss the
complaint. If the issue addressed within the complaint exceeds the au-
thority or jurisdiction of the enforcement agency, the complainant shall
be so advised, and shall be directed, when possible, to the appropriate
governing entity.
(2) Investigate allegations of violations representing an immediate
risk to life, health, or safety within five (5) days of receipt of the com-
plaint by the agency.
(3) Investigate allegations of violations representing an unreasonable
risk to health or safety within thirty (30) days of receipt by the agency.
(4) Discuss the results of the investigation with the complainant, or
provide the results in writing, if requested by the complainant.
(b) When a complaint is referred to a local enforcement agency from
the Office of the Mobilehome Ombudsman (Office), the local enforce-
ment agency shall, no later than thirty-five (35) days following its receipt
of the complaint, submit a written report detailing the final results of the
investigation to the Office, or its designee.
(c) When an inspection as a result of a health and safety complaint re-
sults in a written order to correct for a violation of this chapter and a rein-
spection reveals that the cited person failed to correct the violation, the
enforcement agency shall be compensated by the person responsible for
correction of violation for any subsequent reinspection to verify correc-
tion of the violation at the following hourly rate.
(1) First hour: one hundred ninety-six dollars ($196).
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes or fractional part thereof: forty-one dol-
lars ($41).
NOTE: Authority cited: Sections 18153 and 18300, Health and Safety Code. Ref-
erence: Sections 18153, 18300, 18400, 18400.3 and 18407, Health and Safety
Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Editorial correction of section heading (Register 2005, No. 33).
3. New subsections (c)-(c)(l)(B) filed 12-29-2005; operative 1-1-2006 pursuant
to Government Code section 1 1343.4 (Register 2005, No. 52).
§ 1005. Local Government's Cancellation of Enforcement
Responsibility.
(a) An enforcement agency intending to relinquish responsibility for
enforcement authority shall advise the department, no less than thirty
(30) days prior to initiating the requirements of subsection (b).
(b) A governing body canceling its enforceiTient responsibility shall
coinplete the following to the department's satisfaction before the trans-
fer is effective:
(1) provide written notification to the department not less than thirty
(30) days prior to the proposed effective date of the action, along with a
copy of the adopted ordinance repealing enforcement responsibility;
(2) remit the appropriate fees to the department as idenfified in section
1006 of this article on or before the date of transfer of responsibility; and
(3) transfer all park records to the departiTient on or before the effective
date of the transfer of enforcernent responsibility.
(c) When the local agency cancels its enforcement responsibility for
this chapter, its responsibility for enforcement of chapter 2.2 of this divi-
sion is also cancelled.
(d) When a local enforcement agency has canceled its assumption of
responsibility for enforcement and desires to reassume enforcement, it
must reapply in compliance with the requirements contained in section
1004 of this article.
NOTE: Authority cited: Sections 1 8300 and 1 8865. Health and Safety Code. Ref
erence: Sections 18207, 18300 and 18865, Health and Safety Code.
History
I. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1005.5. Revocation of Local Enforcement Authority.
(a) When the department determines that a local enforcement agency
has failed to properly enforce Parts 2. 1 or 2.3, of division 13, of the Health
and Safety Code, or Title 25, California Code of Regulations, division 1,
chapters 2 or 2.2, the department shall notify the governing body of the
local enforcement agency by providing written documentation which
identifies the deficiencies requiring correction.
(b) The local enforcement agency shall have thirty (30) days from the
date it receives the departinent's written determination to initiate correc-
tion of the deficiencies. Initiation of correction shall mean:
( 1) Completion of a written plan of action submitted to the department
identifying the corrective action for each deficiency including at least the
following:
(A) Acknowledgement of the deficiencies.
(B) The action to be taken to correct each deficiency.
(C) The personnel involved in the correction.
(D) Timelines for completion of all corrections.
(E) Ongoing oversight to prevent reoccurrences of noted deficiencies.
(2) Implementation of the plan of action by the local enforcement
agency and other actions required by the department prior to complefion
of the plan of action.
(c) The department shall, within thirty (30) days of receipt of the plan
of action, review and provide a written response to the governing body
regarding the proposed plan.
(d) If the local enforcement agency fails to prepare an adequate plan
of action or implement corrective measures within thirty (30) days re-
garding the deficiencies specified in subsection (a), the department may
revoke its approval of local assumpfion responsibility and resume en-
forcement responsibilities.
(e) Within thirty (30) days following the department's revocation of
assumption approval, remit the appropriate fees as defined in section
1006 of this article and transfer all park records to the department.
(f) When a local enforcement agency has had its assumption of respon-
sibility for enforcement revoked and desires to reassume enforcement,
it must reapply following the requirements contained in section 1004 of
this article.
NOTE: Authority cited: Section 18300 and 1 8865, Health and Safety Code. Refer-
ence: Section 18300 and 18865, Health and Safety Code.
Page 30
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1010
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1006. Transfer of Authority — Disbursal of Fees.
(a) When a city, county, or city and county assumes responsibility for
the enforcement of parts 2.1 and 2.3, of division J 3 of the Health and
Safety Code, and Title 25, California Code of Regulations, division 1,
chapters 2 and 2.2, cancels its assumption of such responsibility, or has
assumption approval cancelled by the department during the permit re-
newal year, that portion of the fees collected for the annual permits to op-
erate, other than state fees pursuant to section 1008 of this article, shall
be apportioned as follows:
(1) When assumption of enforcement responsibility occurs more than
six (6) months preceding the next permit to operate renewal date, the for-
mer enforcement agency shall retain one-half (1/2) of each annual permit
to operate fee collected and shall transfer the remaining half to the assum-
ing enforcement agency.
(2) When assumption of enforcement responsibility occurs less than
or exactly six (6) months preceding the next permit to operate expiration
date, the former enforcement agency shall then retain the full amount col-
lected.
(b) The additional four dollar ($4) per lot fee collected for park mainte-
nance inspections shall be remitted as set forth in Health and Safety Code
section 18400.1.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18300, 18400.1 and 18502, Health and Safety Code.
HtSTORY
1 . Repealer of former Section 1 006, and renumbering and amendment of former
Section 1012 to Section 1006 filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1 343.4 (Register 2004, No. 28).
§ 1006.5. Permit to Operate Required.
No person shall operate a park, or a portion of a park, or rent, lease,
sublease, hire out, or let out for occupancy any new or existing lot in a
park without a current permit to operate issued by the enforcement
agency.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18500 and 18505, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1007. Applicant Documentation.
When applying for a permit to operate a park, or for the renewal or
amendment of any such permit, if the applicant has not previously been
determined to be eligible to receive public benefits, the applicant shall
present to the enforcement agency such documentation as the department
may require to demonstrate the applicant's eligibility to receive public
benefits pursuant to Title 25, California Code of Regulations, division 1,
chapter 5.5, beginning with section 5802.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Title
8, U.S.C. Sections 1621, 1641 and 1642; and Section 18300, Health and Safety
Code.
History
1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98,
No. 1 2). A Certificate of Compliance must be transmitted to OAL by 8-4-98
or emergency language will be repealed by operafion of law on the following
day.
2. New section 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.
3. Certificate of Compliance as to 8^-98 order, including amendment of section,
transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
4. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1008. Annual Permit to Operate Fees.
(a) Permit to operate fees shall be as follows:
(1) An annual permit to operate fee of twenty-five dollars ($25); and
(2) An additional two dollars ($2) per lot, or per campsite; and
(3) An additional four dollars ($4) dedicated per manufactured home
or mobilehome lot to park maintenance inspections, and
(4) A state fee as contained in Table 1008-1.
Table 1008-1
Number of Lots
2-19
20-49
50-99
100-249
250-499
500 or more
Stale Fee
$40
$75
$175
$400
$800
$1,600
(b) The state fee is required to be paid annually.
NOTE: Authority cited: Sections 1 8300 and 1 8502.5, Health and Safety Code. Ref-
erence: Sections 18502 and 18502.5, Health and Safety Code.
History
1 . Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of subsection (a) filed 11-29-88; operative 12-29-88 (Register
88, No. 52).
3. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1009. Permit to Operate — Penalty Fees.
(a) Permits to operate shall have the following penalty fees applied as
applicable:
(1 ) When an application is submitted thirty (30) days after the due date,
the permit to operate fees shall be increased an amount equal to ten (10)
percent of the established fee.
(2) When an application is submitted sixty (60) or more days late, the
permit to operate fees shall be increased an amount equal to one hundred
(100) percent of the established fee.
(3) Any park commencing operation without a valid permit to operate
shall pay double the established fees and those fees shall be due upon de-
mand of the enforcement agency.
(b) The postmark shall be used to determine the submittal date for im-
posing annual permit to operate penalty fees prescribed by Health and
Safety Code section 18506.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fions 18504 and 18506, Health and Safety Code.
History
1. Renumbering and amendment of former Section 1016 to Section 1009 filed
8-22-85; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 1 1-29-88; operative 12-29-88 (Register 88, No. 52).
3. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 01 0. Permit to Operate — Construction Completed.
(a) Upon final approval by the enforcement agency of the construction
of lots and facilities, the applicant shall submit an application for a permit
to operate, or amended permit to operate, on a form designated by the de-
partment in section 1002 of this article, together with appropriate fees as
specified in sections 1008 and 1009 of this article, to the enforcement
agency. The designated form shall be submitted as follows:
(1) When the department is the enforcement agency, the applicant
shall submit the application for permit to operate to the department. Upon
approval of the application by the department, an annual permit to oper-
ate shall be issued to the applicant.
(2) When a local enforcement agency has enforcement responsibili-
ties, the applicant shall submit the application to that agency. Upon ap-
proval of the application by the local enforcement agency, that agency
shall provide one copy of the approved application to the applicant and,
within five (5) working days after approval, one copy, along with the
state fees required by section 1 008 of this article, to the Division of Codes
and Standards, P.O. Box 1407, Sacramento, CA 95812-1407. The Divi-
sion of Codes and Standards shall issue the initial permit to operate with-
in ten (10) working days of receipt of the approved application. The de-
partment shall provide copies of the permit to operate to the applicant and
the local enforcement agency. Subsequent years' annual permits to oper-
ate shall be issued by the enforcement agency.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18502 and 18505, Health and Safety Code.
Page 31
Register 20)6, No. 52; 12-29-2006
§1012
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. Renumbering and amendment of former Section 1010 to Section 1004, and re-
numbering and amendment of former Section 1018 to Section 1010 filed
8-22-85; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 85, No. 36).
2. Ainendment fifed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 1 01 2. Department Copies of the Annual Permit to
Operate and Related Fees.
(a) Local etiforcement agencies shall send a copy of each issued annual
permit to operate to the Division of Codes and Standards within thirty
(30) days following its issuance.
(b) All local enforcement agencies shall forward to the Division of
Codes and Standards, the state fees paid by the applicant pursuant to sec-
tion 1008 of this article within thirty (30) days of receipt.
(c) The department shall provide a supply of the annual permit to oper-
ate forms and application for permit to operate forms to any local en-
forcement agency making a request for the forms.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18502, 18502.5, 18505 and 18506, Health and Safety Code.
History
1. Renumbering and amendment of former Section 1012 to Section 1006, and re-
numbering and amendment of former Section 1020 to Section 1012 filed
8-22-85; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1014. Required Reporting of Changes in Park Status.
(a) An operator of a park shall submit to the enforcement agency, an
application for an amended annual permit to operate within thirty (30)
days of any change in the information related to the annual permit to op-
erate. Changes in information shall include, but not be limited to:
(1) change of name, mailing address, or ownership; or
(2) change in the number of lots resulting from the sale, lease, removal,
construction, or alteration of existing lots or facilities; or
(3) change of conditional uses specified on the annual permit to oper-
ate; or
(4) when a snow load roof maintenance program status is changed pur-
suant to section 1338 of article 7.
(b) A fee of ten dollars ($10) shall be submitted to the enforcement
agency with each application to amend the annual permit to operate. Only
one (1) fee often dollars ($10) shall be required for an amended annual
permit to operate, if more than one (1) change can be processed on a
single application.
(c) An amended permit to operate shall be issued by the department for
additional lots constructed to an existing park. The local enforcement
agency shall process the application as specified in section 1010 of this
chapter for permit issuance for new construction.
(d) Notwithstanding subsection (c), when an amended permit to oper-
ate is issued by a local enforcement agency, a copy shall be forwarded
to the department, within thirty (30) days, clearly marked as "Amended"
on the face of the copy.
NOTE: Authority cited: Section 18300 and 18502.5, Health and Safety Code. Ref-
erence: Sections 18502, 18502.5, 18505 and 18507, Health and Safety Code.
History
1. Repealer of former Section 1014, and renumbering and amendment of former
Section 1022 to Section 1014 filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer and new section heading and amendment of section and NOTE filed
7-6-2004; operative 7-6-2004 pursuant to Government Code section 1 1343.4
(Register 2004, No. 28).
§ 1016. Approval of Alternates and Equivalents.
(a) When the department is the enforcement agency, a request for ap-
proval of an alternate or equivalent means of meeting the requirements
of this chapter shall be submitted by the applicant to the department's
Northern or Southern area office.
(b) When a city, county, or city and county has assumed enforcement
responsibility for this chapter, the applicant shall submit the request for
this approval to the local enforcement agency. The local enforcement
agency shall forward the request to the department's Administrative Of-
fice of the Division of Codes and Standards, along with their written rec-
ommendation and rationale for approval or denial.
(c) The request for an alternate approval shall be submitted on forms,
as defined in Section 1002 of this chapter, provided by the department.
The form shall be accompanied by one ( 1 ) set of substantiating plans and/
or information together with the alternate approval fee of two hundred
three dollars ($203), payable to the department.
(d) When a request for an alternate approval is for the park, or signifi-
cantly affects property owned or operated by the park, including, but not
liinited to, grading, utilities and setbacks, only the park owner or operator
may apply for the alternate approval.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18305 and 18502.5, Health and Safety Code.
History
1 . Renumbering and amendment of former Section 1016 to Section 1009, and new
Section 1016 filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85. No. 36).
2. Amendment of subsection (b) filed 11-29-88; operative 12-29-88 (Register
88, No. 52).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
4. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 1 1 343.4 (Register 2005, No. 52).
5. Amendment filed 12-26-2006; operative 1-2-2007 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 52).
§1017. Technical Service Fee.
(a) Fees for technical services provided by the enforcement agency
shall be:
(1 ) One hundred ninety-six dollars ($196) providing the technical ser-
vice does not exceed one hour. When the related technical service ex-
ceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
NOTE: Authority cited: Sections 1 8300 and 1 8502.5, Health and Safety Code. Ref-
erence: Sections 18502.5 and 18503, Health and Safety Code.
History
1. New section filed 7-6-2004; operadve 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code secuon 1 1 343.4 (Register 2005, No. 52).
§1018. Permits Required.
(a) No person shall erect, construct, reconstruct, install, replace, relo-
cate or alter any building, structure, accessory building or structure, or
building component; any electrical, mechanical, or plumbing equipment;
any fuel gas equipment and installations, or fire protection equipment; or
installations of, or within, a park, or a lot, or perform any non-load bear-
ing grading or area fill with a depth of one (1 ) foot or greater, unless ex-
empted from obtaining a grading permit pursuant to Appendix 33 of the
California Building Code, without first obtaining a written construction
permit from the enforcement agency.
(b) No person shall create or change a lot line within a park without
first obtaining a permit from the enforcement agency pursuant to the re-
quirements of section 1 105 of this chapter.
(c) Any person issued a notice indicating violations pursuant to this
section, shall obtain the required permit from the enforcement agency
and provide the appropriate fees as prescribed in this article.
(d) The enforcement agency shall not require a permit to construct for
the following work, when the construction is performed in a workman-
like inanner, does not present a hazard, and otherwise complies with the
requirements of this chapter:
(1) Minor maintenance and repair including the replacement of exist-
ing utility metering devices.
(2) Previously installed portable air conditioning equipment rein-
stalled with the unit installation.
(3) The installation of a storage cabinet on a lot.
(4) Construction or installation of a stairway having a landing not to
exceed twelve (12) square feet.
(5) A landing not more than twelve (12) square feet in area.
(6) Construction or installafion of a window or door awning.
Page 32
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§ 1020.1
(7) Constmction or installation of removable insect screening, flexible
plastic or canvas type material used as an awning or as awning or carport
enclosures.
(8) Construction or installation of a retaining wall less than four (4)
feet in height measured from the bottom of the footing to the top of the
wall, unless it is supporting a surcharge. For the purpose of this section,
a surcharge is any additional soil or load placed on the existing soil re-
tained by the wall.
(9) Construction or installation of a patio, as defined in section
1002(p)(3).
(10) Fences not over six (6) feet high.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18500, 18507, 18551, 18610, 18610.5 and 18613, Health and Safety Code.
History
1. Renumbering and amendment of former Section 1018 to Section 1010, and re-
numbering and amendment of former Section 1026 to Section 1018 filed
8-22-85; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 85, No. 36).
2. Amendment of section and Note tiled 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
3. Amendment of section and NOTE filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 11343.4 (Register 2005, No. 29).
4. Editorial conection of History 3 (Register 2005, No. 33).
§ 1019. Installation of Factory-Built Housing in Parks.
(a) Factory-built housing, meeting the requirements of Division 13,
Part 6 of the California Health and Safety Code, may be installed on a lot
in a park only if all of the following conditions apply:
(1) the park was constructed on or after January 1, 1982,
(2) the park is granted a zone designation or a conditional use permit
authorizing this type of permanent occupancy,
(3) it is installed on a foundation system,
(4) it does not exceed two (2) stories in height, and
(5) it is located on a specific designated lot in the park defined in the
park's rules or regulations.
(b) The local jurisdiction where the park is located shall be the enforc-
ing agency for the inspection of the installation of factory-built housing
in a park. The provisions of section 19993 of the Health and Safety Code
regarding zoning, snow loads, wind pressure, fire zones, setbacks, yard
and development requirements, property line requirements, and architec-
tural and aesthetic requirements for factory-built housing in parks are
specifically and entirely reserved to local jurisdictions and shall apply to
factory-built housing installed in parks.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 1861 1, 19971, 19992 and 19993, Health and Safety Code.
History
1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
2. Editorial correction of History 1 (Register 2005, No. 33).
§ 1020. Application Requirements for Permits for
Installations and Foundation Systems for
MH-Unlts.
(a) A person required to obtain a permit to install an MH-unit pursuant
to section 18613 or 18551 of the Health and Safety Code, shall submit
an application for the permit to the enforcement agency on a form pre-
scribed by that agency.
(1) The application shall be accompanied by fees as specified in sec-
tion 1020.1 of this article.
(2) When an MH-unit is initially installed or reinstalled on a different
lot pursuant to Health and Safety Code section 18613, either a tiedown
system or an engineered tiedown system must also be installed.
(3) When concrete piers or steel piers are used as the support system
for an MH-unit, the installation of the MH-unit must include mechanical
connecfion of each pier both to the MH-unit and to its footing that com-
plies with section 1336.4 of this chapter.
(4) The applicant for a permit to install an MH-unit shall provide, with
the application, a complete set of plans and specifications to include the
following:
(A) A set of the manufacturer's installation instructions stamped to in-
dicate approval by the manufacturer's design approval agency.
(B) Three copies of a plot plan of the lot on which the MH-unit is pro-
posed to be installed. The plot plan shall indicate the planned location of
the MH-unit, the locations of electrical, gas, water and sewer connec-
tions on the lot and all required dimensions and setbacks from the lot lines
and from any buildings or accessory structures on the lot and adjacent lot.
At least one (1) copy of the plot plan shall bear the original signature of
the park owner or his or her designated representative.
(C) If the MH-unit manufacturer's installation instructions do not pro-
vide for a tiedown system, the applicant shall provide either installation
instructions for listed tiedown assemblies that will be installed as a tie-
down system in accordance with section 1336.2 of this chapter, or a set
of engineered plans and specifications for an engineered tiedown system.
(D) The appropriate application shall be accompanied by fees as speci-
fied in subsection 1020.1 of this article.
(b) Foundation Systems. When a foundation system is to be installed
for an MH-unit, a separate permit to construct the foundation system
shall be obtained from the enforcement agency.
(1) The appropriate applicadon shall be accompanied by fees as speci-
fied in subsection 1020.1 of this article.
(2) A person submitting an application for a permit to construct a
foundation system shall submit three complete sets of plans and specifi-
cations in compliance with section 1034 of this chapter.
(c) Installation of multi-unit manufactured housing in a park requires
approval as required in subsecfion 1020.6 (d), along with submission of
a permit application. Evidence of this approval must accompany the per-
mit application.
(d) When the application for a permit to construct does not comply
with this chapter, the enforcement agency shall notify the applicant in
what respects the application does not comply within ten (10) working
days of the date they are received by the enforcement agency. When the
applicant resubmits the application, an additional application filing fee
may be required.
NOTE: Authority cited: Sections 18300, 18502.5, 18503, 18551, 18552, 18613
and 18613.4, Health and Safety Code. Reference: Sections 18008.7, 18500,
18501, 18503,18551, 18551.1, 1861 1 and 18613 Health and Safety Code.
History
1. Renumbering and amendment of former section 1020 to section 1012, and re-
numbering and amendment of former section 1028 to section 1020 filed
8-22-85; effective upon filing pursuant to Government Code section
11346.2(d) (Register 85, No. 36).
2. Amendment of subsections (c) and (e)-(g) filed 1 1-29-88; operative 12-29-88
(Register 88, No. 52).
3. Amendment of section heading, text and Note filed 9-8-94 as an emergency;
operative 9-19-94 (Register 94, No. 36). A Certificate of Compliance must be
transmitted to OAL by 1-17-95 or emergency language will be repealed by op-
eration of law on the following day.
4. Amendment of section heading, text, and Note refiled 1-18-95 as an emergen-
cy; operative 1-17-95 (Register 95, No. 3). A Certificate of Compliance must
be transmitted to OAL by 5-1 7-95 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of subsec-
tions (c) and (g)(4) transmitted to OAL 3-31-95 and filed 5-12-95 (Register
95, No. 19).
6. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§ 1 020.1 . Fees for MH-Unit installation and Standard Plan
Approval Foundation System Permits.
(a) The following fees shall apply:
(1) Installation of an MH-unit, or multi-unit manufactured housing
containing not more than two (2) dwelling units, or support system alter-
ation permit fee. One hundred ninety-six dollars ($196) provided the re-
lated inspection does not exceed one hour. When the related inspection
exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
Page 33
Register 2005, No. 52; 12-30-2005
§ 1020.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(2) Foundation system permit fee: refer to valuation tables in Section
1020.7 of this article.
(A) Plan check fees shall not be required for a foundation system for
which a standard plan approval has been obtained from the department.
(3) Reinspection Fee: One hundred seventy-eight dollars ($178) pro-
vided the related reinspection does not exceed one hour. When the related
reinspection exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty minutes (30), or fractional part thereof: forty-one dol-
lars ($41).
NOTE: Authority cited: Sections 18300. 18502.5, 18551 and 18613, Health and
Safety Code. Reference: Sections 18500. 18501, 18502, 18503, 18551 and 18613,
Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 11343.4 (Register 2005, No. 52).
§ 1020.3. Application Requirements for Permits for
Accessory Buildings and Structures and
Building Components.
(a) A person required to obtain a permit to install an accessory building
or structure or building component, shall submit an application for the
permit to construct to the enforcement agency, on a form prescribed by
that agency.
(b) The application for the permit to construct shall be accompanied
by fees as specified in section 1020.7 of this article, or section 1020.4
when using plans with a standard plan approval.
(c) A person submitting an application for a permit to construct an ac-
cessory building or structure or install a building component shall, in
addition to the requirements of section 1034 of this chapter, submit three
(3) copies of a plot plan for the lot where the accessory building or struc-
ture or building component is to be constructed. The plot plan shall be on
the form prescribed by the department, indicating the planned location
of the accessory building or structure or building component on the lot
and indicate dimensions of and setbacks from the lot lines and other units
or structures on adjacent lots. At least one (1) copy of the plot plan shall
bear the original signature of the park owner or his or her designated rep-
resentative.
(d) When any person files applications simultaneously to construct or
install two (2) or more accessory buildings or structures or building com-
ponents which are identical, and are within the same park, only one (1)
plan check fee shall be required.
(e) If an application for a permit to construct is not complete or does
not conform to the requirements of this chapter, the enforcement agency
shall notify the applicant in writing within ten (10) working days of re-
ceipt of the application, as to the why the application does not comply.
(f) A single permit may be issued for all accessory buildings or struc-
tures or building components to be erected or installed concurrently on
the same lot including electrical, mechanical, and plumbing installations
for each accessory building or structure or building component. If the ap-
plicant requests individual permits, they may be obtained for structural,
electrical, mechanical, and plumbing installations, and are subject to sep-
arate individual fees.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference:
18300, 18500, 18502.5 and 18552 Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 ] 343.4 (Register 2004, No. 28).
§ 1020.4. Fees for Accessory Buildings or Structures, and
Building Component Permits With a Standard
Plan Approval.
(a) The following permit fees shall apply for accessory buildings and
structures, and building components that have a standard plan approval:
(1) Inspection fee: One hundred ninety-six dollars ($196) provided
the related inspection does not exceed one hour. When the related inspec-
tion exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(2) Reinspection fee: One hundred seventy-eight dollars ($178) pro-
vided the related reinspection does not exceed one hour. When the related
reinspection exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(b) Fees for accessory buildings and structures, and building compo-
nents that do not have the department's standard plan approval issued in
accordance with Section 1020.9 of this article, shall be determined using
the valuation table contained in Section 1020.7 of this article.
(c) Electrical, mechanical, and plumbing permit fees for installations
in accessory buildings or structures or building components shall not ex-
ceed those contained in this chapter.
(d) Plan check fees shall not be required for accessory buildings or
structures for which a standard plan approval has been obtained from the
department.
NOTE: Authority cited: Section 18300, 18502.5 and 18552, Health and Safety
Code. Reference: Sections 18300, 18500, 18502, 18502.5, 18503 and 18552,
Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Govemmenl
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsection (b) filed 7-22-2005; operative 7-22-2005 pursuant
to Government Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of subsection (a)(3) and History 3 (Register 2005, No. 33).
4. Amendment of section heading and section filed 12-29-2005; operative
1-1-2006 pursuant to Government Code section 1 1 343.4 (Register 2005, No.
52).
§ 1020.6. Application Requirements for Permits for Park
Construction or Alteration.
(a) This section applies to any person submitting an application pur-
suant to section 101 8, for a permit to construct or alter any of the follow-
ing:
(1) A park;
(2) An addition to a park;
(3) An alteration to a park;
(4) A permanent building in a park;
(5) An accessory building or structure without a standard plan approv-
al.
(b) A person who is required to obtain a permit to construct, pursuant
to section 18500 of the Health and Safety Code, shall submit an applica-
tion for a permit to construct to the enforcement agency, with the ap-
propriate fees as specified in section 1020.7 of this article, on the form
prescribed by that agency.
(c) A person submitting an application pursuant to this section, shall
submit three (3) complete sets of plans and specifications or installation
instructions, in compliance with section 1034 of this chapter.
(d) Apphcations for permits to construct or enlarge a park, or install
a multi-unit manufactured housing, shall be submitted with written evi-
dence of compliance with the California Environmental Quality Act
(Public Resources Code Division 13, commencing with section 21000)
and written evidence of approvals by all of the following:
(1) the local planning agency;
(2) the local health, fire, and public works departments;
(3) the local department responsible for flood control;
(4) the serving utilities; and
(5) any other state or federal agency or special district that has jurisdic-
tion and would be impacted by the proposed construction.
NOTE; Authority cited: Sections 18300, 18502.5 and 18503, Health and Safety
Code. Reference: Sections 18500, 18501, 18502, 18502.5, 18503 and 18610
Health and Safety Code; and Section 21000, Public Resources Code.
Page 34
Register 2005, No. 52; 12-30-2005
Title 25
Mobilehome Parks and Installations
§ 1020.7
•
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section i 1343.4 (Register 2004, No. 28).
§ 1020,7. Permit Fees for Park Construction or Alteration.
(a) Any person submitting an application for a permit to construct with
plans not having a department standard plan approval, shall pay the fol-
lowing fees, as applicable:
(1) Permit Fee. For the purpose of determining fees, the enforcement
agency may establish the permit fee in accordance with subsection (f) or
(g) of this section as appropriate. However, the minimum permit fee shall
be one hundred ninety-six dollars ($196) provided the initial related in-
spection associated with this permit does not exceed one hour. When the
related inspection exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(2) Plan Check Fee. One-half (1/2) of the combined total of constaic-
tion, mechanical, plumbing, and electrical permit fees. However, the
minimum fee shall be ten dollars ($10).
(b) Reinspection Fee. One hundred seventy-eight dollars ($178) pro-
vided the related inspection does not exceed one hour. When the related
inspection exceeds one hour, the following fees shall apply:
(1) Second and subsequent whole hours: eighty-two dollars ($82).
(2) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(c) When any person files applications simultaneously to construct
two (2) or more permanent buildings, or accessory buildings or structures
which are identical and are within the same park, only one (1) plan check
fee shall be required.
(d) Electrical, mechanical, and plumbing permit fees shall not exceed
those contained in this chapter.
(e) When plans and specifications fail to comply with the requirements
of this chapter, the enforcement agency shall notify the applicant in writ-
ing, stating in what respects the plans do not comply. The applicant shall
correct the plans and/or specifications and resubmit them to the enforce-
ment agency. The following fees are required for each resubmission of
plans or specifications subsequent to the initial plan check:
( I ) Plan Check Fee: Two hundred three dollars ($203) provided the re-
lated plan check does not exceed one hour. When the related plan check
exceeds one hour, the following shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(f) Fees for construction or alteration of facilities and installations on
lots and within parks shall be the sum of the following categories com-
prising the proposed work subject to the minimum amounts specified in
subsection (a)(1):
(1) For each lot $5.75
(2) Electrical Permit Fees.
Each park electrical service 14.00
Each unit substation or secondary distribution
transformer 10.50
Each alteration or replacement of a service or
a transformer 10.50
Each park lot electrical service equipment 7.00
Each alteration, repair, or replacement of a park
lot electrical service equipment 7.00
Each street light including circuit conductors and
control equipment 3.00
(3) Plumbing Permit Fees.
Each park sewage drainage system 14.00
Each private sewage disposal system or park water
treatment installation 14.00
Each lot drain inlet 7.00
Each alteration or repair of drainage or vent piping 7.00
Each park water distribution system 7.00
Each park lot water service outlet or outlets at the
same location 4.25
Each fire hydrant or riser 4.25
Each individual lot water conditioning installation 4.25
Each alteration, repair or replacement of water
fixtures or equipment 4.25
(4) Gas Piping Permit Fees.
Each park gas piping system 7.00
Each installation of a liquefied petroleum or natural
gas tank of 60 gallon capacity or more 7.00
Each gas riser outlet 4.25
Each alteration, repair, or replacement of park's gas
piping system 4.25
(5) Each installation of equipment regulated by this
chapter for which no other fee is listed 7.00
(g) Permit fees for a permit to consiaict accessory buildings or struc-
tures without a standard plan approval from the department, and founda-
tion systems, permanent buildings, and/or electrical, mechanical, and
plumbing installations within or on permanent buildings, or accessory
buildings or structures shall be the sum of the following categories com-
prising the proposed work subject to the minimum amounts specified in
subsection (a)(1).
(1) Table A. Construction Permit Fees.
Total Valuation Fee
$2,000 or less $45.00
$2,001 to $25,000 $45.00 for the first $2,000 plus
$9.00 for each additional thousand or
fraction thereof, to and including $25,000.
$25,001 to $50,000 $252.00 for the fiisi $25,000
plus $6.50 for each additional thousand
or fraction thereof, to and including
$50,000.
$50,001 to $100,000 $414.50 for the fu-st $50,000
plus $4.50 for each additional thousand or
fraction thereof, to and including $100,000.
$100,001 to $500,000 $639.50 for the first $100,000
plus $3.50 for each additional thousand or
fraction thereof, to and including $500,000.
$500,001 to $1,000,000 $2,039.50 for the first $500,000
plus $3.00 for each additional thousand or
fraction thereof, to and including
$1,000,000.
$1,000,001 and up $3,539.50 for the first $1,000,000
plus $2.00 for each additional thousand or
fraction thereof
(2) Table B. Mechanical and Plumbing Permit Fees.
Each plumbing fixture, trap, set of fixtures on one trap, including
water, drainage piping and backflow protection therefore $3.00
Each building sewer 14.00
Each private sewage disposal system 14.00
Each water heater and/or vent 7.00
Each gas piping system for one to five outlets 7.00
Each gas piping system for six or more outlets, per outlet 1 .50
Each gas regulator 1 .50
Each water branch service outlet or outlets at the same location, or
each fixture supply 1 .00
Each installation of water treating equipment 7.00
Alteration or repair of water piping or water treating equipment 7.00
Alteration or repair of drainage or vent piping 7.00
Each lawn sprinkler system on any one meter, including backflow
protection devices T 7.00
Vacuum breakers or backflow protective devices on tanks, vats, etc.,
or for installation on unprotected plumbing fixtures: one to five 3.00
over five, each additional 1 .00
The installation or relocation of each forced-air or gravity-type
furnace or burner, including ducts and vents attached to such
appliance, up to and including 100,000 Btu 14.00
The installation or relocation of each forced-air or gravity-type
furnace or burner, including ducts and vents attached to such
appliance over 100,000 Btu 21.00
The installafion or relocation of each floor furnace, including vent 7.00
The installation or relocation of each suspended heater, recessed
wall heater or floor-mourned unit heater 7.00
Page 35
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§ 1020.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
The installation, relocation or replacement of each appliance vent
installed and not included in an appliance permit 7.00
The repair of, alteration of, or addition to each heating appliance,
refrigeration unit, comfoit cooling unit, absorption unit, or each
comfort heating, cooling, absorption, or evaporative cooling
system, including installation of controls 14 .00
The installation or relocation of each boiler or compressor to and
including three horsepower or each absorption system to and
including 100,000 Btu 14.00
The installation or relocation of each boiler or compressor over three
horsepower or each absorption system over 100.000 Btu 21 .00
Each air handling unit, including ducts attached thereto 7.00
Note: This fee shall not apply to an air handling unit which is a portion of a facto-
ry-assembled appliance, comfort cooling unit, evaporative cooler or absorption
unit for which a permit is required elsewhere in this chapter.
For each evaporative cooler other than portable type 7.00
For each vent fan connected to a single duct 3.00
For each vent ventilation system which is not a portion of any
heating or air conditioning system authorized by a permit 7.00
Each installation of equipment regulated by this chapter for
which no other fee is listed 7.00
(3) Table C. Electrical Permit Fees.
Each wiring outlet where cuitent is used or controlled, except
services, sub-feeders and meter outlets 35
Each fixture, socket or other lamp holding device 35
Each motor of not more than 50 h.p 4.25
Each motor of more than 50 h.p 10.50
Each mercury arc lamp and equipment 1.00
Each range, water heater or clothes dryer installation 7.00
Each space heater or infrared heat installation 1.50
Each stationary cooking unit, oven, or space heater 1.50
Each garbage disposer, dishwasher, or fixed motor-operated
appliance not exceeding 1/2 h.p 1.50
Working light in buildings in course of construction or undergoing
repairs, or where temporary lighting is to be used 3.00
Each incandescent electric sign 1.50
Electric signs or outline lighting, luminous gas type with: 1 to 4
transformers 3.00
Additional transformers, each 35
Each rectifier and synchronous converter, per K.W 35
Each additional circuit for a mobile home accessory building
or structure or other electrical equipment 1.50
Each service:
600 volts or less, not over 200-amperes 7.00
600 volts or less, over 200-amperes 10.00
Over 600 volts 14.00
Each installation of equipment regulated by this chapter for
which no other fee is listed 7.00
NOTE; Authority cited: Sections 18300, 18502.5 and 18552, Health and Safety
Code. Reference: Sections 18502, 18502.5 and 18503, Health and Safety Code.
History
1. Renumbering of former section 1022 to new section 1020.7, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 11343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 52).
§ 1020.9. Application and Fee Requirements for Accessory
Building, Foundations System, or Engineered
Tiedown System Standard Plan Approvals.
(a) A standard plan approval is available from the department for a
plan for an accessory building or structure constructed and installed pur-
suant to this article and Article 9 of this chapter, for a foundation system
installed pursuant to Section 18551 of the Health and Safety Code, and
Section 1333(d) of this chapter, and for an engineered tiedown system
designed pursuant to section 1336.3 of this chapter.
(b) In order to obtain a standard plan approval, the applicant shall sub-
mit to the department the following items:
(1) A completed application for standard plan approval on the form,
as defined in Section 1 002 of this chapter, designated by the department.
(2) Three (3) copies of the plans, specifications, and installation
instructions, if applicable, and two (2) copies of the design calculations,
when required, to substantiate the design. Specifications shall be shown
on the plan. Design calculations shall be submitted separately from the
plan sheet.
(3) An application fee of two hundred three dollars ($203) for each
plan.
(4) Plan check fee for initial, resubmission, or renewal. Two hundred
three dollars ($203) providing the related plan check does not exceed one
hour. Where the related plan check exceeds one hour, the following fees
shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(5) Additional plan check fees shall be due and payable prior to the is-
suance of a plan approval or a revised plan approval, if more than one (1)
hour is required to conduct the plan check.
(6) When plans and specifications fail to comply with the requirements
of this chapter, the enforcement agency shall notify the applicant in writ-
ing, stating in what respects the plans do not comply. The applicant shall
correct the plans and/or specifications and resubmit them to the enforce-
ment agency or withdraw them from consideration, forfeiting all sub-
mitted fees.
(7) An Identification Label of Approval shall be provided for each ac-
cessory building or structure to be manufactured under the standard plan
approval and each accessory building or structure shall have an approved
identification label of approval attached in a visible location.
(8) The actual identification label shall be submitted to the department
for approval with the application for a standard plan approval prior to is-
suance of the approval. The approved identification label of approval
shall:
(A) be not less in size than three (3) inches by one and one-half (1 1/2)
inches;
(B) contain the following information, as applicable;
ACCESSORY BUILDING OR STRUCTURE
1 . Name of Manufacturer
2. Standard Plan Approval No.
3. Designed for:
lbs. per square foot roof live load
lbs. per square foot horizontal wind load
lbs. per square foot snow load
lbs. per square foot floor live load
lbs. per square foot wind uplift load
4. Structure (may) (may not) be enclosed.
Department of Housing and Community Development
(C) be provided by the manufacturer and be permanently imprinted
with the information required by this section;
(9) The idendfication label of approval shall be either Type I, II, or III
as specified in this secdon, each capable of a ten-year life expectancy
when exposed to ordinary outdoor environments. Letters and numbers
shall be bold Gothic or similar style, varied for emphasis, as large as
space permits, with the minimum size being 5/64 inches. Wording shall
be easily read and concise. Where permanent type adhesives are used on
Type I, II, or III plates, adhesives shall have a minimum thickness of .004
inches, and the plates shall be affixed to a relatively smooth surface.
(A) Type I. Rigid metal plates affixed by screws, rivets, or permanent
type adhesives. Minimum size: One and one-half (1 1/2) inches by three
(3) inches by .020 inches thick net dimensions (inside fastener heads).
Material: Aluminum, brass or stainless steel etched, stamped, engraved,
Page 36
Register 2005, No. 52; 12-30-2005
Title 25
Mobilehome Parks and Installations
§1022
or embossed to 0.01 5 inches minimum depth differential, color anodized
or enamel filled.
(B) Type II. Flexible metal plates affixed by permanent adhesives, ei-
ther pressure sensitive acrylics or solvent activated resins.
Minimum Size; .005 inches by one and one-half (J 1/2) inches by
three (3) inches. Material: Aluminum foil etched or stamped to .001 in-
ches minimum depth differential with color anodized background.
(C) Type III. Metallized Mylar (polyester), surface bonded.
Minimum Size: .003 inches by one and one-half (1 1/2) inches by
three (3) inches.
Material: Aluminum/vinyl surface bonded (to be used for nameplates
where variable information is required by embossing, which can be done
with a conventional typewriter). Minimum Size: .006 inches by one and
one-half (1 1/2 ) inches by three (3) inches.
(c) Plans submitted to the department shall be on sheets of paper no
smaller than eight and one-half (8 1/2) inches by eleven (1 1) inches, and
no larger than thirty (30) inches by forty-two (42) inches.
(1) Plans shall indicate the details of connections, dimensions, foot-
ings, foundations, general notes and method of installation necessary for
the design and construction of the system.
(2) A plan shall indicate only one model or type of system.
(3) Each plan sheet shall provide a space not less than three (3) inches
by three (3) inches for the department's standard plan approval stamp and
number.
(4) When the design of the system requires an engineering analysis of
structural parts and methods of construction, such as required for an engi-
neered tiedown system or engineered accessory building or structure, the
plans, specifications, and calculations shall be signed by an architect or
engineer.
(5) Each plan shall be identified by a model number.
(d) If an application or plans are incomplete or do not conform to this
chapter, the applicant shall be notified in writing within ten (10) working
days of the date they are received by the department. The applicant shall
resubmit a corrected application or plans within ninety (90) days of the
notice, or within ninety (90) days of any subsequent notification relating
to a resubmittal, along with the fees required by Section 1020.9 of this
section.
(e) Should the applicant cancel the application for the standard plan
approval prior to obtaining department approval, all fees submitted will
be retained by the department for services rendered.
(0 A standard plan approval shall expire twenty-four (24) months
from the date of the department's approval as designated on the depart-
ment's stamp of approval placed on the plans.
(g) A standard plan approval may be renewed on or before the expira-
tion date by submitting an application, together with three (3) copies of
the plan as required by subsections (b)(1) and (2), and a renewal fee of
two hundred three dollars ($203).
(1) Renewal of a standard plan approval is permitted only when the
plan submitted is identical to the plan on file with the department.
(2) Each plan submitted for renewal shall provide a space not less than
three (3) inches by three (3) inches for the department's standard plan ap-
proval stamp and number.
(3) When a standard plan approval is renewed, the department-issued
number shall remain the same.
(h) An application for approval of revisions to a standard plan approv-
al, which does not change the structural system or method of the system's
construction, and is submitted prior to the approval's expiration date,
shall be submitted with the following documentation:
(1) three (3) copies of the revised plan and specifications;
(2) two (2) copies of the revised design calculations, as required by
subsecfion (b)(2); and
(3) the plan check fee, for the first hour, for each plan.
(i) An applicant with a revised standard plan approval shall submit the
following to the department:
(1) an application for a standard plan approval as specified in subsec-
tion (b)(1) above;
(2) copies as specified in subsections (h)(1) and (2) above; and
(3) a resubmission fee, as specified in Secfion 1020.9 above, for each
plan.
(j) A revised plan submitted pursuant to Section 1020.9 above, shall
be processed as provided by subsection (h) or subsection (i), depending
upon whether or not the changes to the plan are substantive. A plan sub-
mitted after the final expiration shall be processed as a new application
with appropriate fees assessed.
(k) When amendment of apphcable laws or the department's regula-
tions requires changes to an approved plan, the department shall:
(1) notify the applicant of the changes, and
(2) allow the applicant one hundred eighty ( 1 80) days from the date of
notification to submit a revised plan for approval or until the expiration
date of the standard plan approval, whichever occurs first.
(/) Written approval shall be evidenced by the department's stamp of
approval on the plans. The stamp of approval shall include a unique de-
partment-issued standard plan approval identificadon number for each
approved plan, specificafion, or installafion instruction.
(m) Standard plan approval for each accessory building or structure,
foundation system, or engineered tiedown system is confingent upon
compliance with the requirements of tfiis arficle. The department may
conduct inspecfions to determine compliance with an approved plan.
Violation of any of the provisions of this article or variations from an ap-
proved plan shall be cause for cancellation of the standard plan approval.
(n) Reproductions of an approved plan bearing a department-issued
standard plan approval for the purpose of obtaining a permit to construct
a foundation system or accessory building or structure shall be clear and
legible.
(o) When an applicant who has obtained a standard plan approval dis-
confinues the business, has notified the department, or the department
makes that determination, the standard plan approval shall be canceled.
(p) The department shall be notified of any change in the name of an
applicant or change in name or ownership of an applicant' s business. The
department may grant a standard plan approval to the new owner, if the
new owner provides a written certification that the accessory building or
structure foundation system or engineered tiedown system will be
constructed in accordance with the existing standard plan approval and
submits the completed form designated by the department, together with
a ten dollar ($10) fee. The certification, applicadon, and fee shall be sub-
mitted for each plan with a separate standard plan approval.
(q) An apphcant shall notify the department, in writing, within ten (10)
days of any change to their address. The notification shall be accompa-
nied with a ten dollar ($10) change of address fee.
(r) Plans with a standard plan approval from the department shall be
accepted by the enforcement agency as approved for the purpose of ob-
taining a construction permit when the design loads and allowable soil
conditions specified in the plans are consistent with the requirements for
the locality. Local enforcement agencies shall not require the original
signature of the architect or engineer on the standard plan approval.
NOTE: Authority cited: Sections 18300, 18502, 18502.5, 18551 and 18613.4,
Health and Safety Code. Reference: Sections 18502, 18502.5, 18551, 18552 and
18613.4, Health and Safety Code.
History
1 . Renumbering of former section 1 026 to new section 1 020.9, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
2. Amendment of section heading and section filed 12-29-2005; operadve
1-1-2006 pursuant to Government Code section 1 1 343.4 (Register 2005, No.
52).
§ 1022. Construction and Alteration Permit Fees.
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18502, 18502.5, and 18503, Health and Safety Code.
History
1. Renumbering and amendment of former Section 1022 to Section 1014, and re-
numbering and amendment of former Section 1040 to Section 1022 filed
8-22-85; effective thirtieth day thereafter (Register 85, No. 36).
2. Amendment of subsection (e)(2) filed 1 1-29-88; operative 12-29-88 (Register
88, No. 52).
Page 37
Register 2005, No. 52; 12-30-2005
§1024
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3. Renumbering of former section 1022 to new section 1020.7 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1024. Building Permit Fees.
NOTE; Authority cited: Sections 18300, 18302.5 and 18552, Health and Safety
Code. Reference: Sections 18502 and 18503, Health and Safety Code.
History
1 . Repealer of former Section 1024, and renumbering and amendment of former
Section 1042 to Section 1024 filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment fded 11-29-88; operative 12-29-88 (Register 88, No. 52).
3. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1025. Earthquake Resistant Bracing System Fees.
(a) Cerlification application fee, two hundred three dollars ($203).
(b) Certification Renewal fee, two hundred three dollars ($203).
(c) Certification review fees. Two hundred three dollars ($203) pro-
viding the related certification review does not exceed one hour. When
the related certification review exceeds one hour, the following fees shall
apply:
(1) Second and subsequent whole hours: ninety-two dollars ($92).
(2) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
The balance of certification review fees due shall be paid to the depart-
ment prior to the issuance of certification.
(d) When the department is the enforcement agency:
(1) Inspection or reinspection fee. One hundred ninety-six dollars
($196) provided the related inspection or reinspection does not exceed
one (1) hour. When the related inspection or reinspection exceeds one
hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(2) A minimum fee of one hundred ninety-six dollars ($196) shall be
submitted with each application for a permit or reinspection. Any addi-
tional fees required shall be paid upon completion of the inspection or re-
inspection.
(e) Change of ERBS-manufacturer's name, ownership or address fee,
sixty-two dollars ($62).
NOTE; Authority cited: Sections 18502. 5, 18613.5 and 1861 3.7, Health and Safety
Code. Reference: Sections 18300, 18502.5, 18613.5 and 18613.7, Health and
Safety Code.
History
1. Renumbering of former section 1376 to new section 1025, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 11343.4 (Register 2005, No. 52).
§ 1026. Standard Plan Approval.
NOTE; Authority cited: Sections 18300, 18502, 18502.5, 18551 and 18613.4,
Health and Safety Code. Reference: Sections 18502, 18502.5, 18551 and 18613.4,
Health and Safety Code.
History
1. Renumbering and amendment of Section 1026 to Section 1018 filed 8-22-85;
effective upon filing pursuant to Government Code Section 1 1346.2(d) (Regis-
ter 85, No. 36).
2. Redesignation and amendment of former section 2860 Appendix C to section
1026 filed 5-12-95; operative 5-12-95 pursuant to Government Code section
11343.4(d) (Register 95, No. 19).
3. Renumbering of former section 1026 to new section 1020.9 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1 028. Permit for Mobilehome Installation.
NOTE; Authority cited: Section 1 8300 and 1 8502.5, Health and Safety Code. Ref-
erence: Sections 18502, 18502.5 and 18613, Health and Safety Code.
History
1. Amendment filed 3-2-81; effective thirtieth day thereafter (Register 81, No.
10).
2. Renumbering and amendment of Section 1028 to Section 1020 filed 8-22-85;
effective upon filing pursuant to Government Code Section 1 1 346.2(d) (Regis-
ter 85, No. 36).
3. Editorial correction of section heading (Register 2005, No. 33).
§ 1030. California Environmental Quality Act Compliance.
Wherever the department is the enforcement agency, evidence of
compliance with The California Environmental Quality Act, Public Re-
sources Code, Division 13, coinmencing with section 21000, shall be
submitted with an application for a permit to construct or enlarge a park.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18300.1, 18406 and 18501, Health and Safety Code. Sections21000,etseq.,
Public Resources Code.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1032. Permit Applications — Required Approvals.
(a) All applications for perinits to construct shall be submitted on the
designated form provided by the enforcement agency.
(b) Applications for permits to construct or enlarge a park, shall be
submitted with written evidence of compliance with the California Envi-
ronmental Quality Act, along with written approval by all of the follow-
ing:
(1) the local planning agency,
(2) the local health, fire, and public works departments,
(3) the local department responsible for flood control,
(4) the serving utilities, and
(5) any other public agencies having jurisdiction over the activity con-
tained in the permit application.
(c) Park operator approval is required on all apphcations for a permit
to construct, reconstruct or alter the park electrical, fuel gas, plumbing,
or fire protection equipment or installations.
(d) Park operator approval is required with all apphcations for a permit
to install an MH-unit, or to alter an MH-unit located in a park, if the alter-
ation would affect the electrical, fuel gas or plumbing system of the park.
(e) Park operator approval is required on all applications for permits
to construct, reconstruct, install or alter an accessory building or structure
or building component to be located or proposed to be located within a
park.
(f) Written evidence of applicable local approvals may be required for
permanent buildings, when the installation may impact local services.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18406 and 18501, Health and Safety Code; Section 21082, Public Resources
Code; and Title 14 CCR Section 15050.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1034. Plans.
(a) Three (3) complete sets of plans and specifications shall be sub-
mitted for all work to be performed, if required by the enforcement
agency.
(b) Plans and specifications submitted to the enforcement agency shall
be of sufficient clarity to indicate the nature and extent of all work pro-
posed and show in detail that the work will conform to the provisions of
this chapter.
(c) When the design of the system requires an engineering analysis of
structural parts, or methods of construction, the plans, specifications, and
calculations shall be signed by an architect or engineer.
(d) Any deviation from the approved plans and specifications shall be
approved by the designer, engineer, or architect and shall be submitted
to the enforcement agency for approval.
(e) The enforcement agency may waive the requirement for plans and/
or specifications when the proposed work is of a minor nature.
(f) Complete plans, specifications, calculations, and supporting data
shall be submitted where the work proposed is not in conformity with or
deviates from the provisions of this chapter.
Page 38
Register 2005, No. 52; 12-30-2005
Title 25
Mobilehome Parks and Installations
§1046
(g) Electrical plans shall include a single line diagram of the electrical
equipment to be installed, altered or changed. Complete load calculations
of the electrical system shall be provided with plans.
(h) Complete engineering plans, specifications, calculations and sup-
porting data, signed by an electrical engineer, shall be submitted when
the park's electrical main service or any of the electrical wiring system
exceeds the voltage of the secondary system.
(i) Any person applying for a permit to install additional electrical
equipment in a park shall submit the following information with the ap-
plication for a permit to construct:
(1) The size of the feeder circuit and overcurrent protection of that
feeder circuit; and
(2) The number of lots and the load of any other electrical equipment
supplied by the feeder circuit.
(j) An approved set of plans and specifications and a copy of the permit
to construct shall be kept on the job site until the enforcement agency has
made a final inspection.
(k) The provisions of this chapter are not intended to prevent the owner
of an accessory building or structure or building component from rein-
stalling the accessory building or structure or building component when
the unit is relocated. Structural plans, other than details of footings and
foundations, are not required for reinstallation of an accessory building
or structure or building component which complied with the require-
ments of the regulations in effect at the time of original installation, pro-
vided the accessory building or structure or building component:
(1) is structurally sound;
(2) does not present a hazard to the safety of the occupants and/or the
public;
(3) meets the live load design requirements contained in article 9 of
this chapter; and
(4) complies with all other installation requirements contained in this
chapter.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
lion 18501, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§1036. Expiration of Permits.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18509, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
§ 1038. Extension of Permit to Construct.
(a) An extension of a permit to construct may be granted provided
work has commenced. No extension shall be granted where work has not
been started prior to the expiration of the initial permit to construct. Each
extension shall be limited to six (6) months. No permit to construct or re-
construct shall be extended more than two (2) years from the date of is-
suance of the initial permit to construct.
(b) Where a permit to construct has expired, all work shall cease until
a valid permit to construct has been issued by the enforcement agency.
A reapplication need not be accompanied by plans and specifications or
installation instructions where:
(1 ) construction is to be completed in accordance with plans filed with
the initial permit to construct; and
(2) the approved plans are made available to the enforcement agency
during the construction; and
(3) plans were approved less than two (2) years prior to the request for
extension.
(c) Fees paid for a permit to construct shall be forfeited to the enforce-
ment agency if the applicant does not start construction within six (6)
months of the date of issuance of the permit, or upon expiration of the per-^
mit where work has commenced and no extension has been granted pur-
suant to subsection (a).
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18509, Health and Safely Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1040. Construction and Alteration Permit Fees.
Note: Authority cited: Sections 1 8300 and 1 8502.5, Health and Safety Code. Ref-
erence: Sections 18502.5 and 18503, Health and Safely Code.
History
1. Amendment filed 3-2-81; effective thirtieth day thereafter (Register 81, No.
10).
2. Renumbering and amendment of Section 1040 to Section 1022 filed 8-22-85;
effective upon filing pursuant to Government Code Section I 1 346.2(d) (Regis-
ter 85, No. 36).
§ 1042. Swimming Pools.
Construction and barriers standards for public and private swimming
pools constructed within a park are contained in the California Building
Code.
NOTE: Authority cited: Section 18300. Health and Safety Code. Reference: Sec-
tion 18610, Health and Safety Code.
History
1. Renumbering of former section 1052 to new section 1042, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28). For prior histoiy, see Register 85, No. 36.
§1044. Construction.
(a) All construction shall be performed in accordance with approved
plans and specificafions and shall not be changed, modified or altered
without the express prior approval, when possible, of the person or entity
which provided the original approvals, and the enforcement agency.
(b) The issuance or granting of a permit or approval of plans and speci-
fications shall not be construed to be a permit for, or an approval of, any
violation of the Health and Safety Code or any of the provisions of this
chapter. Whenever an issued permit, or the work that it authorizes, vio-
lates provisions contained in this chapter, the Health and Safety Code, or
any other provisions of applicable law, the permit, or that portion of the
permit that authorizes the work in violation, shall be deemed null and
void.
(c) The issuance of a permit based upon plans and specifications shall
not prevent the enforcement agency from thereafter requiring the correc-
tion of errors in these plans and specifications, nor shall the issuance of
a permit preclude the enforcement agency's power to prevent occupancy
of a building, accessory building or structure, or building component,
when it is found to be in violation of this chapter.
NOTE: Authority cited: Section 1 8300, Health and Safety Code. Reference: Sec-
tions 18500, 18501, 18552, 18610, 18620, 18630, 18670 and 18690, Health and
Safety Code.
History
1. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1045. Excavation and Grading.
Except as provided in this chapter, the procedures relating to excava-
tion, grading, and earthwork, including fills and embankments, are con-
tained in the California Building Code.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18610, Health and Safety Code.
History
1. Renumbering of former section 1054 to new section 1045, including repealer
and new section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28). For prior history, see Register
85, No. 36.
§1046. Stop Order.
Whenever any work is performed in violation of the provisions of this
chapter, the Health and Safety Code, or any other applicable provisions
of law, the enforcement agency shall post an order to stop work on the
site and provide a written notice to the person responsible for the work
being performed. The work shall immediately stop until authorized to
proceed by the enforcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18404 and 18500, Health and Safety Code.
Page 39
Register 2005, No. 52; 12-30-2005
§1048
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
HrSTORY
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1048. Inspections.
(a) The person to whom a construction permit is issued, shall request
inspection of all of the following:
(1) any underground or enclosed work prior to covering;
(2) permanent buildings; and
(3) accessory buildings or structures, or building components.
(b) The required inspections shall occur at the following stages of
construction, when applicable:
(1) Form inspection: When trenching is completed and forms have
been set for the foundation, including all plumbing, mechanical, and
electrical installations which may be concealed beneath the foundation
or slab.
(2) Frame inspection: When all structural framing is completed, in-
cluding ail electrical, mechanical, and plumbing installations which are
to be enclosed within the walls.
(3) Lath and/or wallboard inspection: When all lathing and/or wall-
board interior and exterior is completed, but before any plaster is apphed
or before wallboard joints and fasteners are taped and finished.
(4) Final inspection: When the permanent building, accessory build-
ing or structure, or building component, is completed.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, 18620, 18630, 18670 and 18690, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1050. Construction Permit Penalty.
Any person commencing construction without a valid permit shall dis-
continue the construction until a permit to construct is obtained, and shall
pay double all fees prescribed for the permit.
Note. Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8504, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1052. Swimming Pools.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18610, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1052 to new section 1042 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1054. Excavation and Grading.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
non 18610, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 5-26-87; operafive 6-25-87 (Register 87, No. 23).
3. Renumbering of former section 1054 to new section 1045 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28). For prior history, see Register 85, No. 36.
Article 2. General Park Requirements
§ 11 00. Application and Scope.
(a) The provisions of this article shall apply to the construction, use,
maintenance, and occupancy of lots within parks in all parts of the state.
(b) Existing construction and installations made before the effective
date of the requirements of this chapter may continue in use so long as
they were in compliance with requireinents in effect at the date of their
installation and are not found to be substandard.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 186 10 and 18612, Health and Safety Code.
History
1. Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 11346.2(d) (Register 85, No. 36).
2. Amendment of article heading and section filed 7-6-2004; operative 7-6-2004
pursuant to Government Code section 1 1343.4 (Register 2004, No. 28).
§1102. Responsibility.
(a) The owner, operator, or the designated agent for the park shall be
responsible for the safe operation and maintenance of all common areas,
park-owned electrical, gas, and plumbing equipment and their installa-
tions, and all park-owned permanent buildings or structures, within the
park.
(b) The owner of a unit, accessory building or structure, or building
component shall be responsible for the use and maintenance of the unit,
accessory building or staicture, or building component and its utility con-
nections up to the lot services in compliance with the requirements of this
chapter.
(c) Any person obtaining a permit to construct shall be responsible for
the construction or installation in accordance with the requirements of
this chapter.
(d) The operator of a park shall not permit a unit, accessory building
or structure, building component, or any park utility to be constructed,
installed, used, or maintained in the park unless constructed, installed,
used, and maintained in accordance with the requirements of this chapter.
(e) Procedures related to notice of violation and responsibilities to
abate violations are set forth in article 10, commencing with section 1 600
of this chapter.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18400, 18401, 18402, 18552 and 18603, Health and Safety Code.
History
1. Renumbering of former section 1604 to new section 1102, including amend-
ment of section heading, secrion and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No.
28). For prior history, see Register 85, No. 36.
§ 1104. Lot Address Identification and Lot Line Marking.
(a) All lots shall be identified by letters, numbers, or street address
numbers. The lot identification shall be in a conspicuous location facing
the roadway. If the lot identification number is to be installed on a wall
surface of the unit, the wall surface nearest the roadway shall be used.
(b) All lots shall be defined by permanent comer markers. Corner
markers shall be visible at grade and shall be installed in a manner that
does not create a hazard.
(c) Permanent comer markers shall be any of the following:
(1) Pressure-treated wood, or wood of natural resistance to decay and
insects, as specified in the Califomia Building Code, at least two (2) by
two (2) inches in nominal dimension, driven into the ground to a depth
of at least eighteen (18) inches, or six (6) inches if it is surrounded by a
concrete pad at least four (4) inches in diameter and at least six (6) inches
in depth.
(2) Metallic pipe or rods protected from corrosion by galvanizing,
paint, or a protective coating which resists corrosion, and is driven into
the ground to a depth of at least eighteen (18) inches or is driven into the
ground to a depth of at least six (6) inches when it is surrounded by a con-
crete pad at least four (4) inches in diameter and at least six (6) inches in
depth.
(3) Schedule 40 or better PVC, ABS, or CPVC pipe driven into the
ground to a depth of at least eighteen (18) inches, or driven into the
ground to a depth of at least six (6) inches, when it is surrounded by a con-
crete pad at least four (4) inches in diameter, and at least six (6) inches
in depth.
(4) Saw cuts, blade marks, or scribe marks in a concrete or asphalt curb
or roadway which are different in depth and nature than expansion joints.
(5) A nail with either a metal washer or surveyor's marker, which is
either driven or embedded into concrete or asphalt, curbs or streets.
(d) To determine the edge of a lot bordering a roadway with curbing,
the lot ends at the beginning of the curbing; curbing is part of the road-
way.
Page 40
Register 2005, No. 52; 12-30-2005
Title 25
Mobilehome Parks and Installations
§1106
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610, 18610.5 and 18612, Health and Safety Code.
History
1. Amendment of section heading, section and Notk filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
2. Repealer of subsection (d) and subsection relettering filed 7-22-2003; opera-
tive 7-22-2005 pursuant to Government Code section 1 1 343.4 (Register 2005,
No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 11 05. Lot Line Changes.
(a) Compliance with this section shall be required for any lot line
change within a park. Compliance with subsections (b), (c) and (e) of this
section shall not be required for any lot line creation; however, notwith-
standing any other provision of this chapter, a lot line creation shall com-
ply with the requirements of section 1020.6.
(b) The park owner or operator shall submit to the enforcement agency
an application for a permit to construct, on a form designated by that
agency, for a lot line change, along with all of the following:
(1) three (3) copies of a detailed plot plan with an identified date of
preparation and measurements, indicating both the existing and proposed
locations of the lot lines, which shall indicate all of the following:
(A) the locations of and distances between any units, accessory build-
ings or structures, or other built improvements on the affected lots (such
as patios or parking areas), within ten (10) feet of the current and pro-
posed lot Unes;
(B) the distances from all existing and proposed lot lines of the lots on
which those units, buildings or stiuctures, or other improvements are lo-
cated;
(C) the number of lots affected;
(D) the addresses or other identifying characteristics of those affected
lots;
(E) proof of delivery of copies of the plot plan to all the registered own-
ers of the units on the affected lots by registered or certified mail, sent by
at least first class mail;
(F) the type(s) of marking(s) used to designate the existing and pro-
posed lot line locations; and
(G) if the park is a common interest development, as defined in Civil
Code section 1351, and lot line change involves encroaching into a com-
mon area, compliance with the approval provisions of Civil Code section
1363.07.
(2) The names and residence addresses of the registered owners of the
units on the lots affected by the lot line change and the addresses or other
identification of their units' lots if different than the residence address;
(3) a copy of the original written authorization, signed and dated by
each of the registered owners of the units on the lots affected by the lot
line change, that includes the following statement:
I, [name of registered owner(s)], have received a copy of the plot plan
dated [date of plot plan] proposing to change a lot line affecting the lot
where my unit is located and I/we approve of the proposed change in
the location of the lot line(s) as detailed on the plot plan.
(4) A written statement signed and dated by the park operator or the
operator's agent that the lot line change is substantially consistent in all
material factors with both of the following:
(A) all health and safety conditions imposed by the local government
as a condition of the initial construction of that space or the park; and
(B) prior applicable local and land use requirements for the park; and
(5) the applicable permit fee as specified in section 1020.7 of this chap-
ter.
(c) When the department is the enforcement agency and the number
of lots in the park is increased or decreased by the change in lot lines pur-
suant to this section, the applicant shall deliver a written notice to the lo-
cal planning agency, by personal delivery or by registered or certified
mail, of the proposed change in the number of lots prior to or concurrent
with its submission of the application to the department and provide a
statement attesting to that delivery and the proof of delivery by either a
stamped receipt or the proof of service by registered or certified mail. The
notice shall include one copy of all the information required by para-
graphs (1) through (4) of subsection (b) and the office address of the de-
partment's area office performing the inspection.
(d) The enforcement agency shall perform an on-site inspection prior
to approval of a lot line change or creation, in order to ensure consistency
with this chapter and the application. Any existing lot line markings shall
remain in place until after approval by the enforcement agency for the lot
Hne change. At the time of inspection the applicant, or his or her designee,
shall permanently mark the new lot line or lot lines pursuant to secUon
1 1 04 of this chapter and eradicate any preexisting lot line markings. No
approval shall be given for lot line changes without identificafion to the
safisfaction of the enforcement agency of the existing lot line locations.
(e) Following approval of the lot line change by the enforcement
agency, the enforcing official shall sign and date the submitted plot plan
signifying its approval. Copies of that approved plot plan shall then be
given by the applicant to the registered owners of the units on all the af-
fected lots.
(f) No lot line shall be created, moved, shifted, or altered if the line cre-
ation or change will place a unit or accessory building or structure in
violation of any provision of this chapter or any other applicable provi-
sion of law.
NOTE: Authority cited: Sections 18300, 18610 and 18612, Health and Safety
Code. Reference: Sections 18501, 18610, 18610.5 and 18612, Health and Safety
Code; and Sections 1351 and 1363.07, Civil Code.
History
1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
2. Editorial correction of subsection (c) and History 1 (Register 2005, No. 33).
3. Amendment of subsections (b)(1) and (b)(])(E)-(F), new subsection (b)(1)(G)
and amendment of Note filed 12-26-2006; operative 1-2-2007 pursuant to
Government Code section 1 1343.4 (Register 2006, No. 52).
§1106. Roadways.
All park roadways shall have a clear and unobstructed access to a pub-
lic thoroughfare, except that a roadway may have security gates, if such
security gates are not in violation of local government requirements.
(a) In parks, or portions thereof, constructed prior to September 15,
1961:
(1 ) Each lot shall have access to a roadway of not less than fifteen (15)
feet in unobstructed width.
(2) No vehicle parking shall be allowed on roadways less than twenty-
two (22) feet in width. If vehicle parking is permitted on one side of the
roadway, the roadway shall be a minimum of twenty-two (22) feet in
width. If vehicle parking is permitted on both sides of the roadway, the
roadway shall be not less than thirty (30) feet in width.
(b) In parks constructed on or after September 15, 1961:
(1) Each lot shall have access to a two-way roadway of not less than
twenty-five (25) feet, or a one-lane, one-way roadway not less than fif-
teen (15) feet in unobstructed width.
(2) No vehicle parking shall be allowed on one-way, one-lane road-
ways less than twenty-two (22) feet in width. If vehicle parking is per-
mitted on one side of a one-lane roadway, the roadway shall be a mini-
mum of twenty-two (22) feet in width. If vehicle parking is permitted on
both sides of a one-lane roadway, the roadway shall be at least thirty (30)
feet in width.
(3) No vehicle parking shall be allowed on two-lane, two-way road-
ways less than thirty-two (32) feet in width. If vehicle parking is per-
mitted on one side of a two-way roadway, the roadway shall be a mini-
mum of thirty-two (32) feet in width. If vehicle parking is permitted on
both sides of a two-way roadway, the roadway shall be at least forty (40)
feet in width.
(c) Roadways designed for vehicle parking on one side shall have
signs or markings prohibiting the parking of vehicles on the traffic flow
side of the roadway clearly visible at any given point of the roadway
where parking is prohibited.
(d) A two-way roadway divided into separate, adjacent, one-way traf-
fic lanes by a curbed divider or similar obstacle, shall be not less than fif-
teen (15) feet in unobstructed width on each side of the divider.
Page 41
Register 2006, No. 52; 12-29-2006
§ 1108
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(e) In parks constaicted after September 23, 1974, which contain not
more than three (3) lots, each lot shall abut a roadway that is not less than
twenty (20) feet in unobstructed width.
(0 Paving is not required for roadways or driveways unless it is neces-
sary for compliance with section 1 1 16 of this chapter.
(g) At the request of the park owner/operator, the local fire protection
agency may designate the sides or portions of roadways in a park as fire
lanes provided those designations do not conflict with the roadway
widths of this section.
(h) If a park owner or operator proposes reducing the width, or chang-
ing the layout or configuration, of the park roadways from the way they
were previously approved or constaicted, local fire protection agency ac-
knowledgment of the change shall be submitted to the enforcement
agency.
NOTE: Authority cited: Sections 18300, 18610, 18612 and 18691, Health and
Safety Code. Reference: Sections 18610, 18612 and 18691, Health and Safety
Code.
History
1 . Amendment of section heading and NOTE filed 8-22-8.'i; effective upon filing
pursuant to Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
3. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11 343.4 (Register 2005, No. 29).
4. Editorial correction of History 3 (Register 2005, No. 33).
5. Amendment of section and Note filed 12-26-2006; operative 1-2-2007 pur-
suant to Government Code section 1 1343.4 (Register 2006, No. 52).
§1108. Park Lighting.
In every park, lighting shall be installed which is capable of providing:
(a) An average of five (5) horizontal foot candles of light at the floor
level at entrances to toilet and shower buildings, laundry buildings, and
recreation buildings when the buildings are in use during the hours of
darkness.
(b) An average often (10) horizontal foot candles of light at the floor
level within toilet and shower buildings, laundry buildings, and recre-
ation buildings when the buildings are in use during the hours of dark-
ness.
(c) An average of two-tenths (2/10) horizontal foot-candles of light
the full length of all roadways and walkways within a park during the
hours of darkness.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18602, 18620 and 18640, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 1 0. Occupied Area.
(a) The occupied area of a lot, consisting of the unit, and all accessory
buildings and structures including, but not limited to awnings, stairways,
ramps and storage cabinets, shall not exceed seventy-five (75) percent
of the lot area.
(b) For purposes of this chapter, patios and paved or concrete areas on
grade, and the area of accessory buildings or structures located under
another accessory structure, such as a storage cabinet or porch under an
awning or carport, are not included in the measurement of the occupied
area. The occupied area shall be determined as if viewed from overhead
looking directly down on the lot.
NOTE: Authority cited: Sections 18300 and 18691, Health and Safety Code. Ref-
erence: Sections 18610 and 18691, Health and Safety Code.
History
1. Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
3. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
4. Editorial correction of History 3 (Register 2005, No. 33).
5. Amendment of subsection (b) filed 12-26-2006; operative 1-2-2007 pursuant
to Government Code section 1 1343.4 (Register 2006, No. 52).
§ 1 1 1 2. Required Toilet and Siiower Facilities.
(a) Toilets, showers, and lavatories shall be provided as follows:
(1)(A) In parks constructed before July 7, 2004, containing dependent
lots or allowing dependent units the following minimum ratio of toilets,
showers, and lavatories, for each gender shall be maintained.
Lots Toilets Showers Lavatories
1-25 1 1 ]
26-70 2 2 2
One additional toilet shall be provided for each gender, for each one
hundred (100) additional lots, or fractional part thereof in excess of sev-
enty (70) lots.
(B) In parks constructed on or after July 7, 2004, containing dependent
lots or allowing dependent units, at least one toilet, shower, and lavatory
for each gender for each twenty-five (25) lots shall be maintained.
(2) Independent, individually enclosed, lockable facilities for a single
toilet and lavatory or shower, may be designated as unisex on an equal
one (1 ) to one (1 ) ratio to gender designated facihties, as described in this
section, provided the number of gender designated facilities remains
equal.
(3) Sufficient toilets shall be reserved for the exclusive use of the occu-
pants of the lots in the park.
(4) Parks constructed and operated exclusively for independent units
need not provide public toilets, showers, or lavatories.
(5) Toilets, lavatories, and showers shall be within five hundred (500)
feet of all dependent unit lots or lots not provided with a lot water service
outlet and a three (3) inch lot drain inlet.
(6) Toilet, lavatory, and shower facilities shall be separated and dis-
tinctly marked for each gender or unisex.
(7) Showers shall be provided with hot and cold running water. Each
shower shall be contained within a separate compartment. Each shower
compartment shall be provided with a dressing area of not less than six
(6) square feet of floor area that shall have hooks for hanging clothing and
a bench or chair for use by the occupant.
(8) Toilets shall be installed in separate compartments.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18620, 18630 and 18640, Health and Safety Code.
History
1. Renumbering of former secfion 1674 to new section 11 12, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28). For prior history, see Register
85, No. 36.
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§1114. Animals.
(a) Dogs and other domestic animals, and cats (domestic or feral) shall
not be permitted to roam at large (free) in any park.
(b) Animal feces shall not be permitted to accumulate on any lot or
common area in a park to the extent that they create a nuisance.
NOTE; Authority cited: Section 1 8300 and 1 8601 Health and Safety Code. Refer-
ence: Section 18601, Health and Safety Code.
History
1. Renumbering of former section 1608 to new section 1114, including amend-
ment of section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 11343.4 (Register 2004, No. 28).
§ 1 1 1 6. Lot and Park Area Grading.
(a) The park area and park roadways shall be so graded that there will
be no depressions in which surface water will accumulate and remain for
a period of fime that would constitute a health and safety violation as de-
termined by the enforcement agency. The ground shall be sloped to pro-
vide storm drainage run-off by means of surface or subsurface drainage
facility.
(b) Each lot shall be graded to prevent the migration of water to the un-
derfloor area of a unit, or accessory building or structure, or building
component. Other methods to prevent the migrafion of water beneath a
unit, accessory building or structure, or building component may be ap-
Page 42
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1134
proved by the department as alternates, in accordance with section lOJ 6
of this chapter.
(c) To provide for unanticipated water entering the area beneath a unit,
accessory building or structure, or building component, that area shall be
sloped to provide for drainage to an approved outside drainage way. Oth-
er positive passive drainage methods may be approved by the department
as an alternate, in accordance with section 1016 of this chapter.
(d) Drainage from a lot, site, roadway or park area shall be directed to
a surface or subsurface drainage way and shall not drain onto an adjacent
lot, or site.
(e) All vegetation shall be cleared from the area of the lot beneath a unit
or accessory building or structure.
(f) Fills necessary to meet the grading requirements of this subsection
shall comply with section 1045 of this chapter.
(g) Minor load bearing grading and area fills that are made with a com-
pacted class 2 aggregate and that do not exceed six (6) inches in depth,
do not require additional approvals.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18254 and 18610, Health and Safety Code.
History
1. Renumbering of former section 1610 to new section 1116, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
3. Amendment of subsection (g) filed 7-22-2005; operative 7-22-2005 pursuant
to Government Code section 1 1343.4 (Register 2005, No. 29).
4. Editorial correction of History 3 (Register 2005, No. 33).
§ 1 11 8. Lot Occupancy.
(a) A lot shall accommodate only one (1) unit. However, \yhen used
as a frequent means of transportation, a self-propelled recreational ve-
hicle or truck mounted camper may be parked beside the occupied unit.
That vehicle shall not be occupied or connected to the lot's utility facili-
ties or interconnected with the occupied unit.
(b) In no case shall a truck mounted camper be occupied, if removed
from the truck.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18605 and 18610, Health and Safety Code.
History
1. Renumbering of former section 1614 to new section 1118, including amend-
ment of section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 20. Rubbish and Accumulation of Waste Material.
(a) Occupants shall keep the lot area and the area under, around, or on
their unit and accessory buildings or structures free from an accumula-
tion of refuse, rubbish, paper, leaves, brush or other combustible materi-
al.
(b) Waste paper, hay, grass, straw, weeds, litter, or combustible flam-
mable waste, refuse, or rubbish of any kind shall not be permitted, by the
park owner or operator, to remain upon any roof or on any vacant lot,
open space, or common area.
(c) The park area shall be kept clean and free from the accumulation
of refuse, garbage, rubbish, excessive dust, or debris.
(d) The park operator shall ensure that a collection system is provided
and maintained, with covered containers, for the safe disposal of rubbish.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610 and 18691, Health and Safety Code.
History
1. Renumbering of former sections 1690 and 1696 to new section 1 120, including
amendment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Gov-
ernment Code section 11343.4 (Register 2004, No. 28).
§ 1 1 22. Emergency Information.
The requirements of this section shall be printed and posted in a con-
spicuous place on the premises and shall contain the following informa-
tion:
(a) List the following telephone numbers:
(1) Fire Department
(2) Police Department or Sheriffs Office.
(3) Park Office.
(4) The responsible person for operation and maintenance.
(5) Enforcement agency.
(b) List the following locations:
(1) Nearest fire alarm box, when available.
(2) Park location (street or highway numbers).
(3) Nearest public telephone.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18691, Health and Safety Code.
History
1. Renumbering of former section 1686 to new section 1 122, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Article 3. Electrical Requirements
§ 1 1 30. Application and Scope.
(a) The requirements of this article shall apply to all parks, accessory
buildings or structures, and units (except within permanent buildings) in
all parts of the state, to the construction, installation, alteration, repair,
use, and maintenance of all electrical wiring and equipment for supplying
electrical energy to all units.
(b) Existing electrical construction, connections, and installarions
made before the effective date of the requirements of this chapter may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
NOTE: Authority cited: Sections 18300, 18610 and 18670, Health and Safety
Code. Reference: Sections 18610 and 18670, Health and Safety Code.
History
1. Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1132. Permanent Building Electrical Regulations.
Requirements for electrical equipment and installations within perma-
nent buildings in parks are found in the California Electrical Code.
NOTE: Authority cited: Sections 18300 and 18670, Health and Safety Code. Ref-
erence: Sections 18300 and 18670, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of secfion heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§ 1134. Electrical Requirements.
(a) Except as otherwise permitted or required by this article, all electri-
cal equipment and installations outside of permanent buildings in parks
shall comply with the requirements for installations of 600 volts or less
found in the California Electrical Code.
(b) All park-owned overhead electrical equipment of park electrical
systems shall also comply with the applicable requirements of the current
California Public Utilities Commission Rules for Overhead Electric Line
Construction, General Order No. 95. If there is any conflict between the
provisions contained in the California Electrical Code and General Order
95, the provisions of General Order 95 shall prevail.
(c) All park-owned underground electric equipment of park electrical
systems shall also comply with the applicable requirements of the current
California Public Utilities Commission, Rules for Construction of Un-
derground Electric Supply and Communication Systems, General Order
No. 128. If there is any conflict between the provisions contained in the
California Electrical Code and General Order 1 28, the provisions of Gen-
eral Order 128 shall prevail.
(d) All additions or alterations to existing or new parks shall have plans
submitted in compliance with section 1034 of this chapter.
(e) Except as otherwise permitted or required, all high voltage (ex-
ceeding 600 volts) electrical installations outside of permanent buildings
within parks, shall comply with the applicable requirements of Title 8,
Page 43
Register 2006, No. 52; 12-29-2006
§1136
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
California Code of Regulations, Chapter 4, Subchapters, Group 2, High
Voltage Electrical Safety Orders.
(f) If there is any conflict between the provisions of this chapter, Gen-
eral Order 95, General Order 128, or the California Electrical Code, the
provisions of this chapter shall prevail.
Note: General Order Numbers 95 and 128 may be obtained from the California
Public Utilities Commission (CPUC) Technical Library, 505 Van Ness Ave., San
Francisco, CA 94102 or by calling the CPUC at (415) 703-1713. They may also
be viewed on line at www.cpuc.ca.gov.
NOTE: Authority cited: Sections 18300, 18610 and 18670, Health and Safety
Code. Reference: Sections 18610 and 18670, Health and Safety Code.
History
1 . Amendment filed 8-22-85: effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of subsection (a) filed 5-26-87; operative 6-25-87 (Register 87,
No. 23).
3. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No.
28).
4. Amendment of subsections (b)-(c) filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 29).
5. Editorial correction of History 4 (Register 2005, No. 33).
6. Amendment of subsections (b), (c) and (f) and amendment of NOTE filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§ 1136. Conductors and Equipment.
(a) 600 volts or less. For purposes of this chapter, all electrical conduc-
tors and equipment rated at 600 volts or less, installed outside of perma-
nent buildings in park electrical wiring systems constaicted, or approved
for construction, shall be listed and labeled as approved for their intended
use.
(b) Greater than 600 volts. Conductors and equipment installed in sys-
tems operated at more than 600 volts shall comply with the applicable
provisions contained in the California Electrical Code, Article 490, and
the High Voltage Safety Orders contained in Title 8, California Code of
Regulations, Chapter 4, Subchapter 5, Group 2.
(c) A grounded neutral conductor may be a bare conductor when prop-
erly isolated from phase conductors. A bare neutral conductor, or a bare
concentric stranded conductor of a cable used as a grounded neutral con-
ductor, shall be copper when installed underground. These types of sys-
tems shall be solidly grounded.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8670, Health and Safety Code.
History
1. Amendment filed 8-22-85; effective upon filing pursuant to Register 85, No.
36.
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1138. Energizing.
Lot electrical equipment and installations shall not be energized until
inspected and approved by the enforcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
uon 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1140. Distribution System.
(a) The park electrical wiring system shall be designed to supply ade-
quate electrical energy to all lots and all other connected loads, as deter-
mined by this article.
(b) Electrical energy supplied to a lot shall be nominal 120/240 volts,
single phase.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1142. Design Requirements.
NOTE: Authority cited: Sections 18300 and 18670, Health and Safety Code. Ref-
erence: Sections 18251 and 18670, Health and Safety Code.
History
1 . Amendment of subsection (b)(6) and new subsection (d) filed 8-22-85; effec-
tive upon filing pursuant to Government Code Section 1 1 346.2(d) (Register 85,
No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1144. Electric Heating.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8670, Health and Safety Code.
History
1. Repealer filed 7-6-2004: operative 7-6-2004 pursuant to Government Code
secfion 1 1343.4 (Register 2004, No. 28).
§1146. Voltage Drop.
The voltage drop shall not exceed five (5) percent on the park electrical
wiring system from the park service to the inost remote outlet on the sys-
tem, except that taps to compensate for below normal full capacity volt-
age may be used on the primary side of secondary distribution transform-
ers to correct for voltage drop on the primary feeders. The voltage of
secondary systems shall not exceed a nominal 240 volts.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§1148. Overcurrent Protection.
(a) Conductors shall be protected by overcurrent protective devices.
A fuse or circuit breaker rating shall not be greater than the allowable am-
pacity of the conductors to be protected as specified in Tables 310-16
through 310-19 found in the California Electrical Code, except as pro-
vided in Articles 210, 240, and 430.
(b) All electrical equipment and devices, including service equipment,
transformers and receptacles, shall be protected by overcurrent protec-
tive devices rated at not more than the rating of the equipment or device,
except as provided in Articles 210, 240, 430, and 450 of the California
Electrical Code.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1150. Park Electrical Disconnecting Means.
(a) Each service equipment enclosure for the park shall be provided
with a single main disconnect switch or circuit breaker lockable in the
open position for disconnecting the electrical wiring system or systems
of the park.
(b) A disconnecting means shall be provided for disconnecting each
distribution transformer. When the disconnecting means is not installed
immediately adjacent to the distribution transformer, it shall be identified
as to its usage and shall be arranged to be locked in the open position.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1 1 51 . Lot Electrical Disconnecting Means.
A single disconnecting switch or circuit breaker shall be provided in
the lot service equipment for disconnecting the power supply to the unit.
The disconnecting switch, circuit breaker or its individual enclosure shall
be clearly marked to identify the lot serviced.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operarive
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
Page 44
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1170
§1152. Ground-Fault Protection.
Ground-fault protection of park service equipment shall be provided
for solidly grounded wye electrical services of more than 150 volts to
ground, but not exceeding 600 volts phase-to-phase for each service dis-
connecting means rated at 1 ,000 amperes or more. Each service discon-
necting means rated 1000-amperes or more shall be performance tested
when first installed, as required by the California Electrical Code, section
230-95. The test shall be conducted in accordance with approved
instructions, which shall be provided with the equipment. A written re-
cord of this test shall be made and shall be available to the enforcement
agency.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1 343.4 (Register 2005, No. 29).
3. Editorial correction of secfion and History 2 (Register 2005, No. 33).
§1153. Equipment Grounding.
Exposed noncurrent-carrying metal parts of fixed electrical equip-
ment shall be grounded as required by the California Electrical Code, Ar-
ticle 250.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 54. Primary System Grounding — 600 Volts or Less.
(a) When the park electrical service is supplied by a grounded system
operated at 600 volts or less, an equipment grounding conductor shall be
run with the feeders of the park primary electrical system to all equipment
supplied by the primary electrical system.
(b) Park primary electrical systems within the park opei^ated at 600
volts or less supplied by an ungrounded system shall not be grounded.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1 1 56. Primary System Grounding — Over 600 Volts.
(a) Park primary electrical systems within the park operated at more
than 600 volts supplied by a grounded system shall be grounded at the
park service.
(b) Park primary electrical systems within the park operated at more
than 600 volts supplied by an ungrounded system shall not be grounded.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1 1 58. Secondary Systems — Lot Service Equipment.
The neutral conductor of all secondary systems supplying lot service
equipment shall be grounded at both the secondary system source and the
lot service equipment.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1 1 60. Secondary Systems — Other than Lot Service
Equipment.
The neutral conductor of all secondary systems supplying equipment
other than lot service equipment shall be grounded as required by the
California Electrical Code, article 250.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1162. Grounding Connections.
System grounding conductors and equipment grounding conductors
shall be connected as required by the California Electrical Code, article
250. The connection of a grounding conductor to a grounding electrode
shall be exposed and readily accessible.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 63. Grounding of Units.
All exposed, noncurrent-carrying metal parts of a unit, when con-
nected to the lot service equipment, shall be grounded by means of a
grounding conductor run with the circuit conductors or in a listed power
supply cord provided with an approved polarized multi-prong plug. One
prong of the plug shall be for the sole purpose of connecting that ground-
ing conductor, by means of a listed and approved grounding receptacle,
to the grounded terminal at the lot service. The conductor shall be insu-
lated and identified by a green color.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550 and 18670, Health and Safety Code.
History
1. Renumbering of former secfion 1648 to new secfion 1163, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 64. Feeder Assembly.
The neutral conductor and the equipment grounding conductor of the
feeder assembly supplying service equipment, shall be connected to the
grounding electrode at each lot service enclosure.
NOTE; Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1166. Grounding Conductors.
Only copper grounding conductors shall be used to connect electrical
systems to a grounding electrode. Grounding conductors shall be pro-
tected from physical damage by cabinet enclosures, raceways, or cable
armor.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 70. Protection of Outdoor Equipment.
(a) All electrical equipment, including switches, circuit breakers, re-
ceptacles, lighting fixtures, control equipment, and metering devices lo-
cated in either damp or wet locations or outside of a unit, accessory build-
ing or structure, or a building component designed as a weatherproof
structure, shall be constructed of, or installed in, equipment approved for
damp or wet locations.
(b) Meter sockets, without meters installed, shall be blanked off with
an approved blanking plate before the service is energized.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fion 1 8670, Health and Safety Code.
Page 45
Register 2006, No. 52; 12-29-2006
§1172
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 72. High-Voltage Conductors.
NOTE: Authority cited: Section 18300, Healtii and Safety Code. Reference; Sec-
tion 18670, Heaitli and Safety Code.
History
I. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 11 343.4 (Register 2004, No. 28).
§ 1176. Aluminum Conductors.
(a) Connections of aluminum conductors shall be made only inside
boxes or equipment enclosures which are designed and installed to pre-
vent the entry or accumulation of moisture within the enclosure.
(b) Only connectors which are listed for use with aluminum conduc-
tors shall be used to connect aluminum conductors. If more than one con-
ductor is connected to a connector, the connector shall be provided with
a terminal fitting for each conductor.
(c) Prior to inserting an aluminum conductor into the connector, the
conductor from which the insulation has been removed shall be wire-
brushed and sealed with an approved oxide-inhibiting joint compound.
Note-. Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment fded 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1178. Mechanical Protection.
Where subject to physical damage from vehicular traffic or other
causes, the lot service equipment shall be protected by posts, fencing or
other barriers approved by the enforcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8670, Health and Safety Code.
History
1, New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1180. Lot Service Equipment.
(a) Equipment installed to supply electrical energy to an MH-unit
shall be rated at not less than 100-amperes and shall be listed and labeled
"Service Equipment", "Suitable for Use as Service Equipment" or "Suit-
able for Use as Service Equipment for Manufactured Homes or Mobile-
homes". When installed in locations where the demand for a single lot
exceeds 100-amperes, the MH-unit lot service equipment shall be capa-
ble of supplying the required demand. MH-unit lot service equipment
shall be capable of supplying not less than the required demand to an
MH-unit by the installation of a circuit breaker or fused disconnecting
switch for connecting the MH-unit feeder assembly by a permanent wir-
ing method. The rating of the overcurrent protection in the MH-unit lot
service equipment shall not exceed the rating of the feeder assembly con-
nected by a permanent wiring method. MH-unit lot service equipment
may contain any or all of the approved receptacles conforming with sec-
tion 1 1 86 of this chapter.
(b) MH-unit lot service equipment may also contain a means for sup-
plying accessory buildings or structures or building components or other
electrical equipment located on the lot, provided the MH-unit lot service
equipment is designed and listed for such application.
(c) Only one power supply connection shall be made to a unit.
(d) Lot service equipment may also contain additional receptacles for
suppJying portable electrical equipment, provided that such receptacles
are listed grounding-type receptacles. All 120-volt, single-phase, 15-
and 20-ampere receptacle outlets in lot service equipment shall be pro-
tected by ground-fault circuit protection. The requirement for ground-
fault circuit protection shall not apply to equipment or installations
constructed, installed, or approved for construction or installation prior
to Septeitiber 1, 1975.
(e) When an electrical meter is installed as an integral component of
the lot service equipment, it shall be of a class or rating that will accurate-
ly measure all loads up to the rated ampacity of the lot service equipment.
(f) When the electrical meter-base equipment is to be attached to the
MH-unit at the time of installation, an alteration permit for the unit is re-
quired pursuant to Section 18029 of the Health and Safety Code.
(g) Parks constructed after January 1, 1997, shall have individual elec-
tric meters for each lot and shall be served by electrical distribution facili-
ties owned, operated, and maintained by the electrical coiporation as de-
fined in section 218 of the Public Utilities Code providing electric service
in the area, in accordance with Public Utilities Code section 2791.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Sections 18350, 18605 and 18670, Health and Safety Code; and Section
2791, Public Utilities Code.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§ 1182. Installation of Lot Service Equipment.
(a) Approved lot service equipment supplied by underground feeders
may be of the self-supporting type and shall be stabilized by concrete not
less than three and one-half (3 1/2) inches thick and surrounding the
equipment base by not less than six (6) inches beyond the equipment base
in all directions.
(b) Approved lot service equipment supplied by underground feeders
requiring installation on a mounting post shall be securely fastened to a
nominal four (4) inches by four (4) inches redwood or pressure treated
post or equivalent. The post shall be installed not less than twenty-four
(24) inches in the earth and stabilized by a concrete pad. The concrete pad
shall be not less than three and one-half (3 1/2) inches thick, surrounding
the post base by not less than six (6) inches beyond the post base in all
directions. The equipment shall be mounted with the bottom of the equip-
ment not less than twelve (12) inches above the stabilizing concrete pad.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No.
28).
§ 1183. Access to Electrical Equipment
All park or lot service equipment shall be accessible by an unob-
structed entrance or passageway not less than twenty-four (24) inches in
width and seventy-eight (78) inches high and shall have a working space
not less than thirty (30) inches wide and thirty-six (36) inches deep in
front of and centered on the service equipment. The lot service equipment
shall be located and maintained not less than twelve (12) inches nor more
than seventy-eight (78) inches above the stabilizing pad.
EXCEPTION: parks constructed prior to July 1, 1979, shall have a working space
not less than thirty (30) inches wide and thirty (30) inches deep in front of and cen-
tered on the service equipment.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550 and 18670, Health and Safety Code.
History
1. Renumbering of former section 1646 to new section 1 1 83, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§1184. Lot Location.
Equipment to supply electrical power to a unit shall be located within
four (4) feet of the unit or the proposed location of the unit.
NOTE: Authority cited: Sections 1 8300 and 1 8670, Health and Safety Code. Ref-
erence: Section 18670, Health and Safety Code.
History
1. Amendment fded 8-22-85; effective upon fding pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
2. Amendment fded 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Page 46
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1204
§ 1185. Electrical Appliances, Equipment, and Air
Conditioning.
(a) When electrical equipment or fixed appliances are installed to
serve a unit, an accessory building or structure, or building component,
the installation shall be supplied by one of the following methods:
(1) By an individual branch circuit from the unit terminating in a single
outlet or junction box, provided a permit is obtained from the department
for the alteration to the unit. An alteration permit shall be obtained from
the department pursuant to the requirements of Title 25, California Code
of Regulations, Chapter 3, section 4042.
(2) By means of a permanent wiring method to the lot electrical service
equipment, provided the lot service equipment is designed and listed for
the additional load.
(b) When central air-conditioning equipment is proposed to be
installed on a unit which was not originally designed for central air condi-
tioning, an alteration permit shall be obtained from the department pur-
suant to the requirements of Title 25, California Code of Regulations,
Chapter 3, section 4042. A permit to alter the unit is required, provided
the unit bears or is required to bear the department's insignia of approval,
or a HUD label of approval.
(c) If the park electrical system or the feeder supplying the lot electrical
service equipment does not have the ampacity to supply the air-condi-
tioning equipment in addition to its connected load, a permit to construct,
as required in section 1018 of this chapter, shall be obtained for alteration
of the required service supply and equipment.
(d) All electrical appliances and equipment not located within en-
closed weatherproof structures must be approved for use in wet locations.
NOTE: Authority cited: Sections 18300 and 18670, Health and Safety Code. Ref-
erence: Sections 18550 and 18670, Health and Safety Code.
History
1. Renumbering of former section 1650 to new section 1185, including amend-
ment of section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of subsection (b) and new subsection (d) filed 7-22-2005; opera-
tive 7-22-2005 pursuant to Government Code section 1 1343.4 (Register 2005,
No. 29).
3. Editorial correction of subsection (a)(1) and History 2 (Register 2005, No. 33).
§ 1 1 86. Lot Receptacles.
(a) A receptacle used to supply electrical energy to a unit shall conform
with the American National Standards Institute-National Electrical
Manufacturers Association (ANSI-NEMA) Standard, WD-6, 1997 for
one of the following configurations:
(1) 125/250 volts, 50-amperes, 3 pole, 4 wire, grounding type for
120/240 volt systems.
(2) 125 volts, 30-amperes, 2 pole, 3 wire, grounding type for 120 volt
systems.
(3) 125 volts, 20-amperes, 2 pole, 3 wire, grounding type for supply-
ing units having only one 15 or 20-ampere branch circuit.
(b) ANSI-NEMA Standards may be obtained on-line from www.ne-
ma.org or by calling (703) 841-3200 or by writing to NEMA, Commu-
nications Department, 1300 North 17th Street, Rosslyn, Virginia, 22209.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1188. Existing Electrical Installations.
(a) Lot service equipment shall have the capacity to supply the unit,
appliance, accessory building or structure, and building component lo-
cated on the lot. The park operator may prohibit the installation of a unit,
appliance, accessory building or structure, or building component that
exceeds the rated capacity of the lot electrical service, unless the load in
the unit, appliance, accessory building or structure, or building compo-
nent is reduced. If the unit or electrical appliance is allowed to be installed
by the park and the connected load on the lot exceeds the rated capacity
of the lot electrical service equipment, the lot electrical service equip-
ment and feeders shall be replaced with equipment and conductors prop-
erly rated to supply the unit, appliance, or accessory building or structure.
Notwithstanding the provisions of this subsection, park approval is re-
quired when an alteration or addition to the existing electrical system of
the unit, appliance, accessory building or structure, or building compo-
nent will exceed the rated capacity of the lot service equipment.
(b) The enforcement agency may order unsafe installations of existing
electrical systems or portions thereof to be reconstructed or altered, if
necessary for the protection of life and property.
(c) The use of electrical equipment and installations in existence prior
to the effective date of applicable amendments to this chapter may be
continued, provided such equipment and installations are maintained in
safe operating condition and the calculated connected loads do not ex-
ceed the rated ampacity of such equipment and installations.
(d) Lot electrical service equipment may continue supplying accesso-
ry buildings or structures or building components or other electrical
equipment located outside the unit, provided the lot electrical service has
the capacity to serve them and the equipment is maintained in a safe oper-
ating condition.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18605, 18610 and 18670, Health and Safety Code.
History
1. Renumbering of former section 1644 to new section 1 188, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1 1 90. Authority to Order Disconnect-Electrical.
(a) The enforcement agency is authorized to require any electrical
installation or equipment found to be defective, and in such condition as
to endanger life or property, to be disconnected.
(b) Installations which have been disconnected shall not be re-ener-
gized until a permit has been obtained to repair the electrical installation
or equipment, and the work has been inspected and approved by the en-
forcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550 and 18670, Health and Safety Code.
History
1. Renumbering of former section 1654 to new section 1190, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Article 4. Fuel Gas and Oil Requirements
§1200. Application and Scope.
(a) The requirements of this article shall apply to the construction,
installation, arrangement, alteration, use, maintenance, and repair of fuel
gas and oil equipment and installations for supplying fuel gas and oil to
parks, units, and accessory building or structures in all parts of the state.
(b) Existing construction, connections, and installations of fuel gas or
oil made before the effective date of the requirements of this chapter may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
NOTE: Authority cited: Sections 18300, 18610 and 18690, Health and Safety
Code. Reference: Sections 18610 and 18690, Health and Safety Code.
History
1 . Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of article heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2()04, No.
28).
§1202. Application and Scope.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18300, 18610, 18690, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§1204. Permit Required.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18500, 18501, 18502 and 18690, Health and Safety Code.
Page 47
Register 2006, No. 52; 12-29-2006
§ 1206
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§ 1206. Federal Regulations.
A park gas piping distribution system is subject to the Pipeline Safety
Law of 1994 (49 USC Section 1971) and regulations adopted by the Of-
fice of Pipeline Safety Operations. The applicable regulations are con-
tained in Title 49 of the Code of Federal Regulations, Parts 1 9 1 and 1 92.
(a) The operator of a park gas piping system is responsible for comply-
ing with the federal regulations in addition to this chapter. A permit is not
required from the enforcement agency for the installation of cathodic
protection if the existing gas piping system is not otherwise altered.
This chapter does not prohibit the installation of cathodic protection
systems and requirements lor corrosion control of buried or submerged
metallic gas piping systems required by the federal regulations in exist-
ing systems. If there is any conflict between the provisions of this chapter
and the federal regulations, the provisions of the federal regulations shall
prevail.
(b) Plans and specifications for the installation of a metallic gas piping
system shall specify methods of protecting buried or submerged pipe
from corrosion, including cathodic protection, unless it can be demon-
strated that a corrosive environment does not exist in the area of installa-
tion. The design and installation of a cathodic protection system shall be
carried out by, or under the direction of, a person qualified by experience
and training in pipeline corrosion methods so that the cathodic protection
system meets the requirements of Title 49 of the Code of Federal Regula-
tions, Parts 191 and 192.
(1) All buried or submerged metallic gas piping shall be protected
from corrosion by approved coatings or wrapping materials. All gas pip-
ing protective coatings shall be approved types, machine applied, and
conform to recognized standards. Field wrapping shall provide equiva-
lent protection and is restricted to those short sections and fittings neces-
sarily stripped for threading or welding. Risers shall be coated or
wrapped to a point at least six (6) inches above grade.
(2) All metallic gas piping systems shall be installed in accordance
with plans and specifications approved by the enforcement agency, in-
cluding provisions for cathodic protection. When the cathodic protection
system is designed to protect only the gas piping system, the gas piping
system shall be electrically isolated from all other underground metallic
systems or installations. When a cathodic protection system is designed
to provide all underground metallic systems and installations with
protection against corrosion, all such systems and installations shall be
electrically bonded together and protected as a whole.
(3) When non-metallic gas piping is installed underground, a locating
tape or No. 18 AWG or larger copper tracer wire shall be installed with
and attached to the underground piping for the purpose of locating the
piping system. The locating tape or tracer wire shall terminate above
grade at an accessible location at one or more ends of the piping system.
Every portion of a plastic gas piping system consisting of metallic risers
or fittings shall be cathodically protected against corrosion.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1208. Basic Fuel Gas Regulations.
(a) Except as otherwise permitted or required by this article, all fuel
gas equipment and installations for supplying fuel gas to units or accesso-
ry buildings or structures, and fuel gas piping systems outside of perma-
nent buildings in parks, shall comply with the requirements found in the
California Plumbing Code, Chapter 12.
(b) The requirements for fuel gas equipment and installations within
permanent buildings in parks are located in the California Mechanical
Code and the California Plumbing Code unless otherwise provided by
this chapter. However, in a city, county, or city and county, which has as-
sumed responsibility for enforcement of the Mobilehome Parks Act and
Special Occupancy Parks Act, pursuant to sections 18300 and 18865 of
the Health and Safety Code, and has adopted and is enforcing a plumbing
and mechanical code equal to or greater than the requirements of the
California Plumbing Code and the California Mechanical Code, may en-
force its code as it pertains to permanent buildings.
Note: Authority cited: Sections 1 8300 and 1 8690, Health and Safety Code. Ref-
erence: Section 18690, Health and Safety Code.
History
1 . Amendment filed 8-22-85: effective upon filins pursuant to Government Code
Section 1 1 346.2(d) (Register 85, No. 36)
2. Amendment filed 5-26-87; operative 6-25-87 (Register 87, No. 23).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1210. Liquefied Petroleum Gas (LPG).
All LPG equipment and installations exceeding one hundred twenty-
five (125) US gallons shall comply with the applicable provisions of the
Unfired Pressure Vessel Safety Orders, California Code of Regulations,
Title 8, Chapter 4, Subchapter 1 , unless otherwise provided by this chap-
ter.
NOTE: Authority cited: Sections 18300 and 1 8690, Health and Safety Code. Ref-
erence: Section 1 8690, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
§1211. LPG Tanks.
(a) LPG tank installations in parks must conform to the provisions re-
lated to LPG tanks contained in Article 82 of the California Fire Code,
which is hereby incorporated by reference.
(b) MH-Units designed and constructed with securely mounted tanks,
may be served by either the lot or mounted tanks, but not by both at the
same time.
(c) A permit from the enforcement agency is required to install fuel
tanks exceeding sixty (60) U. S. gallons within a park.
(d) LPG tanks shall be designed and constructed in accordance with
nationally recognized standards for unfired pressure vessels.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Renumbering of former section 1664 to new section 1211, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 21 2. Prohibited Location of Tanks.
(a) No LPG tank greater than five (5) U.S. gallons shall be stored or
located in any of the following locations:
(1) within five (5) feet of any source of ignition (lot electrical service
is not a source of ignition);
(2) within five (5) feet of any mechanical ventilation air intake;
(3) under any unit or habitable accessory building; or
(4) within any structure or area where three (3) or more sides are more
than fifty (50) percent closed.
(b) No LPG tank shall be filled within ten (10) feet of a source of igni-
tion, openings into direct-vent (sealed combustions system) appliances,
or any mechanical ventilation air intake.
(c) An LPG system within a motor-driven vehicle or recreational ve-
hicle is exempt from the requirements of subsections (a) and (b).
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
don 1 8690, Health and Safety Code.
History
1. Renumbering of former section 1670 to new section 1212, including amend-
ment of section heading, section and NOTE, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28). For prior history, see Register 85, No. 36.
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
Page 48
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1229
§1214. Material.
NOTE: Authority cited: Section 18300. Health and Safety Code. Reference: Sec-
tion 1 8690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1216. Installation.
(a) All gas piping installed below ground shall have a minimum earth
cover of eighteen (18) inches.
(b) Gas piping shall not be installed underground beneath buildings,
concrete slabs or other paved areas of a lot directly abutting the unit, or
that portion of the lot reserved for the location of units, or accessory
buildings or structures, or building components unless installed in a gas-
tight conduit.
( 1 ) The conduit shall be pipe approved for installation underground
beneath buildings and not less than schedule 40 pipe. The interior diame-
ter of the conduit shall be not less than one-half (1/2) inch larger than the
outside diameter of the gas piping.
(2) The conduit shall extend to a point not less than twelve (12) inches
beyond any area where it is required to be installed, any potential source
of ignition or area of confinement, or the outside wall of a building, and
the outer ends of the conduit shall not be sealed. Where one end of the
conduit terminates within a building, it shall be readily accessible and the
space between the conduit and the gas piping shall be sealed to prevent
leakage of gas into the building.
(c) A carport or awning roof may extend over an individual lot gas pip-
ing lateral and outlet riser, provided the completed installation complies
with all other requirements of this chapter and the covered area is venti-
lated to prevent the accumulation of gas.
(d) The use of gas piping in parks constructed prior to June 25, 1976,
that was originally installed under the area to be occupied by the unit or
accessory building or structure, may be continued provided the piping is
maintained in a safe operating condition.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsection (a) filed 12-26-2006; operative 1-2-2007 pursuant
to Government Code section 1 1343.4 (Register 2006, No. 52).
§ 1 21 8. Park Gas System Shutoff Valve.
A readily accessible and identified shutoff valve controlling the flow
of gas to the entire park-owned gas piping system shall be installed at the
point of connection to the service piping or supply connection.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
I. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1 220. Lot Gas Shutoff Valve.
(a) Each lot shall have a gas shutoff valve, listed for its intended use
by a department-approved listing agency, installed in a readily accessi-
ble location upstream of the lot gas outlet.
(b) The valve shall be located on the lot gas riser outlet at a height of
not less than six (6) inches above grade.
(c) The lot gas shutoff valve shall not be located under or within any
unit, or accessory building or structure.
Exception: gas shut-off valves may be located under an awning or carport that
is not enclosed complying with Article 9 of this chapter.
(d) Whenever the lot gas riser outlet is not in use, it shall be closed with
an approved cap or plug to prevent accidental discharge of gas.
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1222. Lot Gas Outlet.
(a) The gas riser outlet shall terminate within four (4) feet of the unit,
or proposed location of the unit on the lot.
(b) Each unit connected to the gas riser outlet shall be connected by a
listed flexible gas connector in accordance with section 1354 of this
chapter.
NOTE: Authority cited: Sections 18300 and 1 8690, Health and Safety Code. Ref
erence: Section 18690, Health and Safety Code.
History
1. Amendment of subsection (b) filed 8-22-85; effective upon filing pursuant to
Government Code Section 11346.2(d) (Register 85, No. 36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1.343.4 (Register 2004, No.
28).
§1224. Mobilehome Gas Connector.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
2. Editorial correction of section heading (Register 2005, No. 33).
§1226. Gas Meters.
(a) When gas meters are installed, they shall not depend on the gas riser
outlet for support. Gas meters shall be adequately supported by a post and
bracket or by other means approved by the enforcement agency.
(b) Meters shall not be installed beneath units, in unventilated or inac-
cessible locations, or closer than three (3) feet from sources of ignition.
The unit electrical service equipment shall not be considered a source of
ignition when not enclosed in the same compartment with a gas meter.
(c) All gas meter installations shall be provided with a shutoff valve
or cock located adjacent to and on the inlet side of the meter. In the case
of a single meter installation utilizing a LPG tank, the tank service valve
may be used in lieu of the shutoff valve or cock.
(d) Each meter installed shall be in a readily accessible location and
shall be provided with unions or other fittings so as to be easily removed
and replaced while maintaining an upright position.
(e) Parks constructed after January 1, 1997, shall have individual gas
meters for each lot and shall be served by gas distribution facilities
owned, operated, and maintained by the gas corporation, as defined in
section 222 of the Public Utilities Code, providing gas service in the area.
NOTE: Authority cited: Sections 18300 and 18690, Health and Safety Code. Ref-
erence: Section 18690, Health and Safety Code; and Section 2791 , Public Utilities
Code.
History
1. Amendment of subsection (c) filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1228. Mechanical Protection.
Where subject to physical damage from vehicular traffic or other
causes, all gas riser outlets, regulators, meters, valves, tanks or other ex-
posed equipment shall be protected by posts, fencing, or other barriers
approved by the enforcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1 229. Regulator and Relief Vents.
Atmospherically controlled regulators shall be installed in such a man-
ner that moisture cannot enter the regulator vent and accumulate above
the diaphragm. Where the regulator vent may be obstructed because of
snow or icing conditions, a shield, hood, or other device approved by the
enforcement agency shall be provided to guard against closing the vent
opening.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
Page 49
Register 2006, No. 52; 12-29-2006
§ 1230
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§1230. Required Gas Supply.
(a) The minimum hourly volume of gas required at each lot outlet, or
any section of a park gas piping system shall be calculated as shown in
Table 1230-1.
(b) Required gas supply for other fuel gas consuming appliances con-
nected to the park gas piping system shall be calculated as provided in the
California Plumbing Code, Chapter 12.
Table 1230-1
Demand Factors for Use in
Calculating Gas Piping Systems in Parks
Number of Lots
1
2
3
4
5
6
7
8
9
10
11-20
21-30
31^0
41-60
Over 60
BTU Per Hours Per Lot
125,000
117,000
104,000
96.000
92,000
87.000
83,000
81,000
79,000
77,000
66.000
62.000
58,000
55,000
50,000
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Amendment of subsection (b) filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1232. Gas Pipe Size.
The size of each section of a gas piping system shall be calculated as
provided in the California Plumbing Code, Chapter 12 or by other stan-
dard engineering methods acceptable to the enforcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 11 346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1234. Fuel Oil Tanks.
Tanks used for supplying fuel oil to a unit equipped with oil-burning
appliances, shall not be larger than one hundred and fifty (150) gallons
capacity. Not more than two (2) tanks with a combined maximum capac-
ity of one hundred and fifty (150) gallons may be installed on any lot.
(a) Tanks shall be located not closer than five (5) feet to a lot line or
the nearest side of a roadway.
(b) Tanks shall be located in an area not accessible to motor vehicles
or shall be provided with protection from contact by vehicles by means
of posts or other barriers approved by the enforcement agency.
(c) Tanks elevated above ground shall be maintained on rigid noncom-
bustible supports of adequate size to support the tank when filled, and
installed on concrete foundations or footings to prevent movement or set-
tling. Each tank shall be securely fastened to the supporting frame.
(d) Every tank shall be adequately designed, installed, vented, and
maintained to prevent entrance of rain and debris.
(e) A shutoff valve located immediately adjacent to the gravity feed
connection of a tank shall be maintained in the supply line to the unit.
(f) Fuel oil connectors from the tank to the unit shall be brass or copper
tubing or approved flexible metal hose not smaller than three-eighths
(3/8) inch and shall be protected from physical damage. Aluminum tub-
ing shall not be used.
(g) Valves and connectors shall be listed standard fittings maintained
liquid-tight to prevent spillage of fuel oil on the ground.
(h) AH fuel oil tanks shall be maintained in safe operating condition
by the owner or lessee of the tanks, consistent with this section.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610, 18690 and 18691, Health and Safety Code.
History
1. Renumbering of former section 1698 to new section 1234, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1236. Authority to Order Disconnect of Fuel Gas
Equipment.
(a) The enforcement agency shall require the gas utility or person sup-
plying gas to a park to disconnect any gas piping or equipment found to
be defective and in such condition as to endanger life or property.
(b) Gas piping or equipment which has been ordered disconnected by
the enforcement agency shall not be reconnected to a gas supply until a
permit has been obtained to alter, repair or reconstruct the gas piping and
the work has been inspected and approved by the enforcement agency.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550 and 18690, Health and Safety Code.
History
1. Renumbering of former section 1672 to new section 1236, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1 343.4 (Register 2004, No. 28).
Article 5. Plumbing Requirements
§1240. Application and Scope.
(a) The requirements of this article shall apply to the construction,
installation, arrangement, alteration, use, maintenance, and repair of all
plumbing equipment and installations to supply water to, and dispose
sewage from, units, accessory buildings or structures and permanent
buildings in all parts of the state.
(b) Existing plumbing construction, connections, and installations
made before the effective date of the requirements of this chapter may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
NOTE: Authority cited: Sections 18300, 18554, 18610 and 18630, Health and
Safety Code. Reference: Sections 18554, 18610 and 18630, Health and Safety
Code.
History
1 . Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 11346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1242. Application and Scope.
NOTE: Authority cited: Section 1 8300. Health and Safety Code. Reference: Sec-
tions 18300 and 18630, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 85, No. 36).
§1244. Permits Required.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18500 and 18630, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§1246. Basic Plumbing Regulations.
(a) Except as otherwise permitted or required by this article, all re-
quirements for plumbing equipment and installations outside of perma-
nent buildings in parks shall comply with the California Plumbing Code,
with the exception of Chapter 1 .
If there is any conflict between the provisions of this chapter and the
California Plumbing Code, the provisions of this chapter shall prevail.
(b) All requirements for plumbing equipment and installations within
permanent buildings in parks shall comply with the California Plumbing
Code, except in a city, county, or city and county, which has assumed en-
forcement responsibility and has adopted, and is enforcing, a plumbing
code equal to or greater than the requirements of this article.
NOTE: Authority cited: Sections 18300 and 18630, Health and Safety Code. Ref-
erence: Sections 18300 and 18630, Health and Safety Code.
Page 50
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1264
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
2. Amendment filed 5-26-87; operative 6-25-87 (Register 87, No. 23).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1248. Sewage Disposal.
(a) All park drainage systems shall discharge into a public sewer or a
private sewage disposal system approved by the local health department.
(b) Septic tanks shall not be located within five (5) feet of any unit, ac-
cessory building or structure, or permanent building. Leach or disposal
fields shall not be located witliin eight (8) feet of any unit, accessory
building or structure, or permanent building.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18554 and 18630, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§1250. Material.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
]. Repealer filed 8-22-85; effective upon fihng pursuant to Government Code
Secfion 1 1346.2(d) (Register 85, No. 36).
§1252. Installation.
Listed nonmetallic pipe and fittings installed in park drainage systems
shall be installed in accordance with their listing and applicable stan-
dards. When installed under roadways, minimum depth of cover for non-
metallic drain pipe shall be thirty-six (36) inches. The pipe shall be
bedded on a minimum of three (3) inches of clean sand and shall be back-
filled with a minimum cover depth of six (6) inches of clean sand, granu-
lated earth or similar material. The trench shall then be backfilled in thin
layers to a minimum of twelve (12) inches above the top of the nonmetal-
lic pipe with clean earth, which shall not contain stones, boulders or other
materials, which would damage or break the pipe.
NOTE: Authority cited: Secfions 18300 and 18630, Health and Safety Code. Ref-
erence: Secfions 18610 and 18630, Health and Safety Code.
History
1. Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1356.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1254. Lot Drain Inlet.
(a) Each lot shall be provided with a drain inlet not less than three (3)
inches in diameter and shall be connected to an approved sewage dispos-
al system.
(b) Drain inlets shall be provided to accommodate a threaded or
clamp-type fitting for connecting drain connectors at proper grade. The
drain inlet shall be accessible at ground level. The vertical riser of a drain
inlet shall not exceed three (3) inches in height above the concrete sup-
porting slab. Drain inlets shall be gas-tight when not in use.
(c) Each drain inlet shall be protected from movement by being en-
cased in a concrete slab not less than three and one-half (3 1/2) inches
in thickness and surrounding the inlet by not less than six (6) inches on
any side.
(d) Drain inlets and extensions to grade shall be of material approved
for use under or within a building.
(e) The lot drain inlet shall be located within four (4) feet of the outside
of the unit, or under the unit within eighteen (18) inches of the exterior
wall of the unit.
NOTE: Authority cited: Sections 18300 and 18630, Health and Safety Code. Ref-
erence: Section 18630, Health and Safety Code.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
2. Amendment of subsection (d) filed 12-26-2006; operative 1-2-2007 pursuant
to Government Code section 1 1343.4 (Register 2006. No. 52).
§ 1 256. Location of Lot Drain Inlet.
NOTE: Authority cited: Sections 18300 and 18630, Health and Safety Code. Ref-
erence: Section 18630, Health and Safety Code.
History
1. Amendments filed 8-22-85; effective upon filing pursuant to Government
Code Section 11346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1258. Trap.
When a unit is installed, or proposed to be installed and its plumbing
fixtures are not protected by approved traps and vents, a lot drain inlet
shall be provided with an approved trap.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1260. Venting.
Where a drain inlet trap is provided, it shall be individually vented with
a vent pipe of not less than two (2) inches interior diameter unless the sys-
tem is a wet vented system as provided in section 1264 of this article.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8630, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1262. Vent Location and Support.
AH vent pipes in outdoor locafions shall be located at least ten (10) feet
from an adjoining property line and shall extend at least ten (10) feet
above ground level. All vent pipes shall be supported by at least the
equivalent of a four (4) inch by four (4) inch nominal dimension redwood
post securely anchored in the ground. One-piece galvanized iron vent
pipes may be self-supporting if securely anchored at their base in con-
crete at least twelve (12) inches in depth and extending a minimum four
(4) inches out from the pipe.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§ 1 264. Wet Vented Systems.
(a) In lieu of the individual vents, the park drainage system may be wet
vented by means of a combinadon drain, waste, and vent system. Wet
vented systems in which the trap for one or more lots is not individually
vented shall be of sufficient size and provided with an adequate vent or
vents to assure free circulation of air. Wet vented drainage systems may
be permitted only when each such system conforms to Table 1268-1 and
Table 1268-2 and all of the following requirements for such systems:
(1) A wet vented drainage system shall have a terminal vent installed
not more than fifteen (15) feet downstream from the uppermost trap on
any branch line and shall be relief vented at intervals of not more than one
hundred (100) feet or portion thereof.
(2) Wet vented drainage laterals shall be not more than six (6) feet in
length for three (3)-inch diameter pipe and not more than fifteen ( 1 5) feet
in length for four (4)-inch diameter pipe.
(3) No vertical drain pipe shall be permitted in any wet vented drainage
system, except the tail pipe of the trap or riser of the drain inlet. Tail pipes
shall be as short as possible, and in no case shall exceed two (2) feet in
length.
NOTE: Authority cited: Sections 1 8300 and 1 8630, Health and Safety Code. Ref-
erence: Section 18630, Health and Safety Code.
History
1 . Repealer of subsections (d) and (e> filed 8-22-85; effective upon filing pursuant
to Government Code Section 1 1 346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
Page 51
Register 2006, No. 52; 12-29-2006
§1266
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 1 266. Systems Without Traps.
Terminal or relief vents are not required for drainage systems without
traps.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
1. Amendment filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§1268. Pipe Size.
(a) Each lot drain inlet shall be assigned a waste loading value of six
(6) fixture units and each park drainage system shall be sized according
to Table 1268-1 or as provided herein. Drainage laterals shall be not less
than three (3) inches in diameter.
(b) A park drainage system in which the grade, slope, or sizing of
drainage pipe does not meet the minimums specified in Tables 1268-1
or 1268-2 shall be designed by a registered engineer for a minimum ve-
locity flow of two (2) feet per second.
(c) Park drainage systems installed without P-traps or vents may be
sized for individually vented systems in accordance with Table 1268-1 .
(d) A park drainage system which exceeds the fixture unit loading of
Table 1268-1 shall be designed by a registered engineer.
TABLE 1268-1
Drainage Pipe Diameter and Number of
Fixture Units on Drainage System
Maximum No. of
Maximum No.
of
Terminal &
Fixture Units
Fixture Units
Relief Vent
Size of Drainage
Individually
Wet Vented
Wet Vented
Pipe (Inches)
Vented System
System
System (Inches)
3
35
14
2
4
180
35
3
5
356
180
4
6
600
356
4
TABLE 1268-2
Minimum Grade and Slope of Drainage Pipe
Slope
Slope
Pipe Size
per 100 ft.
Pipe Size
per .100 ft.
(inches)
(inches)
(inches)
(inches)
2
25
6
8
3 ■
20
8
4
4
15
10
3 1/2
5
11
12
3
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1 270. Lot Water Service Outlet.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18630, 18691, Health and Safety Code.
History
1 . Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 11343.4 (Register 2004, No. 28).
§1272. Shutoff Valve.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1 274. Lot Water Service Outlet.
(a) Each lot shall be provided with a potable water lot service outlet.
The lot water service outlet riser shall be an approved rigid metallic mate-
rial and not less than three-quarter (3/4) inch nominal pipe size. Each lot
water service outlet shall be provided with an accessible water outlet de-
signed for connecting a three-quarter (3/4) inch female swivel hose con-
nection as defined in section 1308 of this chapter, in addition to the unit
water connection.
(b) The lot water outlet shall be located within four (4) feet of the out-
side of the unit, or under the unit within eighteen (1 8) inches of the exteri-
or wall of the unit.
(c) A separate water service shutoff valve shall be installed in each lot
water service outlet at each lot.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18630 and 18691, Health and Safety Code.
History
1. Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Govemjiient Code section 1 1343.4 (Register 2004, No.
28).
§1276. Pressure.
(a) Parks constructed between July 11, 1979 and July 6, 2004, shall
have water distribution systems capable of providing a pressure not less
than fifteen (15) pounds per square inch at each lot at maximum operating
conditions. Parks constructed before and after the above dates must be
capable of maintaining twenty (20) pounds per square inch at maximum
operating conditions.
(b) The testing of a water system in a park to determine the maximum
operating condition shall be either performed at the reported titne of max-
imum water pressure loss, if within normal business hours, or measured
with twenty-five (25) percent of the required lot water supply outlets, as
defined in section 1308 of this chapter, open with the pressure metering
device at the end of the tested line.
NOTE: Authority cited: Sections 18300 and 1 8630, Health and Safety Code. Ref-
erence: Section 18630, Health and Safety Code.
History
1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code secfion 1 1 343.4 (Register 2005, No. 29). For prior history, see Register
2004, No. 28.
2. Editorial correction of History 1 (Register 2005, No. 33).
§1278. Water Pipe Size.
(a) The quantity of water required to be supplied to each lot shall be
as required for six (6) fixture units.
(b) Park water distribution systems shall be designed and installed as
set forth in California Plumbing Code, Chapter 6, and Appendix A.
NOTE: Authority cited: Sections 18300 and 1 8630, Health and Safety Code. Ref-
erence: Section 18630, Health and Safety Code.
History
1. Amendment of subsection (b) filed 8-22-85; effective upon filing pursuant to
Government Code Section 11346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1280. Mechanical Protection.
Where subject to physical damage, all park water service outlets shall
be protected by posts, fencing, or other barriers approved by the enforce-
ment agency.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18630, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1 282. Mobilehome Water Connector.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18630, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
2. Editorial correcfion of section heading (Register 2005, No. 33).
§ 1284. Water Conditioning Equipment
(a) A permit shall be obtained from the enforcement agency prior to
installing any regenerating water conditioning equipment on a lot. Ap-
proval of the park operator is required on all applications for a permit to
install such equipment. Where the water conditioning equipment is of the i
regenerating type, and the park drainage system discharges into a public
sewer, approval of the sanitary district or agency having jurisdiction over
the public sewer is required prior to issuance of the permit.
Page 52
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1302
(b) Regenerating water conditioning equipment shall be listed and la-
beled by an approved listing agency.
(c) Regenerating units shall discharge the effluent of regeneration into
a trap not less than one and one-half (1 1/2) inches in diameter connected
to the park drainage system. An approved air gap shall be installed on the
discharge line a minimum of twelve (12) inches above the ground. The
trap need not be vented.
(d) Electrical supply connections to regenerating water conditioning
equipment shall comply with the requirements of this chapter.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18630 and 18670, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section II 343.4 (Register 2004, No. 28).
Article 6. Fire Protection Standards for
Parks
§1300. Application and Scope.
(a) For parks with a permit to construct dated on or after July 7, 2004,
fire protection equipment meeting the requirements of the National Fire
Protection Association (N.F.P.A.) Standard No. 24, 1995 Edition, which
is hereby incorporated by reference, shall be installed and maintained in
every park consisting of fifteen (15) or more lots, or parks enlarged to
consist of fifteen (15) or more lots. Installation of fire protection equip-
ment is required only for the new lots added.
(b) For parks with a permit to construct dated between September 1,
1968, and July 7, 2004, fire protection equipment meeting the require-
ments of the National Fire Protection Association (N.F.P.A.) Standard
No. 24,1977 Edition, which is hereby incorporated by reference, shall be
maintained in every park consisting of fifteen (15) or more lots.
(c) Testing of Private Fire Hydrants. Park owners and operators shall
be responsible for the operation and water flow requirements of all pri-
vate fire hydrants installed in any park, regardless of its age or number
of lots in the park, and responsible for compliance with other applicable
provisions of this article.
(d) Reciprocity of Enforcement Agencies. The provisions of section
1302 and sections 1316 through 1318 of this article, do not create any ob-
ligation for the enforcement agency to report violations to a fire agency,
or for the fire agency to report violations to the enforcement agency.
However, this subsection does not preclude either enforcement agencies
or fire agencies from sharing information related to fire prevention or
suppression in parks.
NOTE: Authority cited: Sections 18300 and 18691, Health and Safety Code. Ref-
erence: Section 18691, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
2. Amendment filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 1).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1302. Local Fire Prevention Code Enforcement.
(a) When the department is the enforcement agency, a fire agency, as
defined in this chapter, may elect to assume responsibility to enforce its
fire prevention code in parks, within its jurisdictional boundaries, by pro-
viding the department with a written thirty (30) day notice pursuant to
Health and Safety Code section 18691(d).
(b) The written notice assuming enforcement responsibilities for fire
prevention shall clearly identify the geographical boundaries of the juris-
diction of the fire agency and include the name and address of each park
located within these geographical boundaries.
(c) The fire agency that has assumed responsibility to enforce its fire
prevention code in parks within its jurisdictional boundaries pursuant to
this article, shall do all of the following:
(1 ) Enforce its fire prevention code as it applies to each of the follow-
ing areas: fire hydrant systems, water supply, fire equipment access,
posting of fire equipment access, parking, lot identification, weed abate-
ment, debris abatement, combusfible storage abatement and burglar bars.
(2) Apply its fire prevention code provisions only to conditions:
(A) that arise after the adoption of its fire prevention code;
(B) not legally in existence at the adoption of its fire prevention code;
or
(C) that, in the opinion of the fire chief constitute a distinct hazard to
life or property.
(3) Upon assuming responsibility to enforce its fire prevention code
in parks within its jurisdictional boundaries, the fire agency shall notify
all park operators within thirty (30) days of the assumption of enforce-
ment responsibility.
(A) This notification shall include identification of the specific appli-
cable codes that will be enforced, where copies of the identified codes
may be obtained, and the scope and proposed time frame of any estab-
lished or proposed inspection program.
(B) The park operator shall post a copy of the notification in the park
as near as possible to the location where the annual permit to operate is
posted in order to advise the occupants of the park of the change in en-
forcement jurisdiction.
(d) A fire agency that has assumed responsibility for enforcement of
its fire prevention code, pursuant to this article and Section 18691 of the
Health and Safety Code, shall also be deemed to have assumed fire pre-
vention enforcement responsibility within its jurisdictional boundaries
for all special occupancy parks, as set forth in Title 25, California Code
of Regulations, commencing with Section 2300 and Section 18873.5 of
the Health and Safety Code,
(e) If a fire agency, that has assumed responsibility to enforce its fire
prevention code in parks within its jurisdictional boundaries, decides to
cancel its responsibility, it shall provide the following:
(1) A written notice to the department not less than thirty (30) days
prior to the proposed cancellation date.
(2) A written cancellation notice clearly identifying the geographical
boundaries of the jurisdiction for which the fire agency is returning en-
forcement, and includes the name and address of each park located within
these geographical boundaries.
(3) A written notification to all park operators within its jurisdictional
boundaries of the cancellation of enforcement responsibility prior to the
date of cancellation of enforcement responsibility. The notice shall con-
tain the date of transfer for enforcement responsibiUty and a statement to
the park operator to post the notice.
(A) The park operator shall post a copy of the notification in the park
as near as possible to the location where the annual permit to operate is
posted in order to advise the occupants of the park of the change in en-
forcement jurisdiction.
(4) Transfer all park records to the department on or before the effec-
tive date of the transfer of enforcement responsibility.
(f) A fire agency canceling its responsibility for enforcement of its fire
prevention code, according to this article and Section 1 8691 of the Health
and Safety Code, shall also be deemed to have canceled its fire prevention
enforcement responsibility, within its jurisdictional boundaries, for all
special occupancy parks, as set forth in Titie 25, California Code of Reg-
ulations, commencing with Section 2300 and Section 18873.5 of the
Health and Safety Code.
NOTE: Authority cited: Sections 1 8300 and 1 8691 , Health and Safety Code. Ref
erence: Sections 18300 and 18691, Health and Safety Code.
History
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 1). For prior history, see Register 85,
No. 36.
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Page 53
Register 2006, No. 52; 12-29-2006
§ 1304
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§1304. Local Regulations.
(a) The provisions of this article are not applicable in parks located
within ii city, county, or city and county that is the enforcement agency
and has adopted and is enforcing a fire prevention code imposing restric-
tions equal to or greater than the restrictions imposed by this article.
(b) Any reporting requirements imposed by the local agency fire pre-
vention code shall be in addition to, and shall not replace, the reporting
requirements of this article.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18.300 and 1 8691 , Health and Safety Code.
History
1 . Amendment of section and NOTE filed 1-3-2002; operative 1-3-2002 pursuant
to Government Code section 1 1343.4 (Register 2002, No. 1).
2. Amendment filed 7-6-2004; operative 7-6-2004 pinsiiant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1305. Fire Fighting Instructions.
In areas where fire department services are not available, the park op-
erator shall be responsible for the instruction of park staff in the use of
private park fire protection equipment and their specific duties in the
event of fire.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18691, Health and Safety Code.
History
1. Renumbering of former section 1684 to new section 1305, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1306. Permits Required.
No person shall construct, reconstruct, modify, or alter any installa-
tions relating to fire protection equipment within a park unless a written
permit has been obtained from the enforcement agency with written evi-
dence of approval from the fire agency responsible for fire suppression
in the park.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18500, Health and Safety Code.
History
1. Amendment filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 1).
2. Amendment filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1308. Lot Installations.
In addition to the water connection to the unit, each lot constructed
shall have installed an accessible three-quarter (3/4)-inch valved water
outlet, with an approved vacuum breaker installed, designed for connect-
ing a three-quarter (3/4)-inch female swivel hose connection for fire
suppression use.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18691, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1 31 0. Alternate Systems.
Where the required water supply is inadequate to comply with the pro-
visions of this article and either outside protection, or local condifions
justify reducing this requirement, other hydrant systems may be installed
provided the alternate system is approved by the fire agency responsible
for fire suppression in the park and by the enforcement agency.
NOTE: Authority cited: Sections 18300 and 18691 , Health and Safety Code. Ref-
erence: Section 18691, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer and new section filed 1 -3-2002; operative 1-3-2002 pursuant to Gov-
ernment Code section 1 1343.4 (Register 2002, No. 1).
3. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No.
28).
§ 1 31 2. Private Systems.
In areas where fire department services are not available, as deter-
mined by the enforcement agency, a private fire protection system shall
be installed and maintained consisfing of hydrant or wet standpipe risers
connected to the park water main or a separate system capable of deliver-
ing seventy-five (75) gallons per minute at thirty (30) psi with at least two
lines open, in addition to the normal requirements of the park, and with
the hydrants or wet standpipes located within seventy-five (75) feet of
each lot. Each hydrant or wet standpipe shall be provided with an ap-
proved one-and-one-half (1 1/2) inch hose valve and connection with
one, one-and-one-half (1 1/2) inch national standard male outlet and
shall have connected thereto a minimum of seventy-five (75) feet of one
and one-half (1 1/2) inch cotton or dacron jacketed rubber lined fire hose
with an approved cone type nozzle with a minimum one-half (1/2) inch
orifice. Tlie fire hose shall be mounted on an approved hose rack or reel
enclosed in a weather resistant cabinet which shall be painted red and
marked "FIRE HOSE" in four (4) inch letters of contrasting color.
NOTE: Authority cited: Sections 18300, 18610 and 18691, Health and Safety
Code. Reference: Sections 18610 and 18691, Health and Safety Code.
History
1 . Amendment filed 8-22-85: effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 1 31 4. Care of Equipment.
All fire protection and suppression equipment shall be protected
against freezing in any areas subject to freezing.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18691, Health and Safety Code.
History
1. Renumbering of former section 1694 to new section 1314, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28). For prior
history, see Register 85, No. 36.
§ 1316. Private Fire Hydrant Operation and Water Flow
Requirements.
(a) Private fire hydrants, as defined in this article, shall meet the opera-
tional requirements as prescribed in subsection (b) of this secfion, and
meet the water fiow standards prescribed by subsection (c) of this sec-
tion.
(b) Operation. Private fire hydrants shall have at least the following
characteristics in order to be considered operational for the purposes of
this article:
(1) valves that operate fully, freely and are properly lubricated,
(2) threads and caps that are undamaged,
(3) reasonable protection from vehicular damage,
(4) outlets on hydrants are fourteen (14) inches to twenty-four (24) in-
ches above grade. Standpipes outlets need not be a specific height, but
must be readily accessible.
(5) thirty-six (36) inches of unobstructed access around the hydrants;
(6) locators or markings to clearly identify their location; and
(7) Each one and one-half (1 1/2) inch hydrant meets the requirements
for hoses, locations, storage and storage cabinet marking as defined in
section 1 3 1 2 of this article.
(c) Water Flow. Private fire hydrants, as defined in this article, shall
have water flow not less than any one of the following:
(1) five hundred (500) gallons per minute with a minimum residual
pressure of twenty (20) psi for a fire hydrant with a four (4) inch or larger
barrel or riser, or
(2) two hundred and fifty (250) gallons per minute with a minimum
residual pressure of twenty (20) psi for a fire hydrant with a two and one-
half (2 1/2) inch barrel or riser, or
(3) seventy-five (75) gallons per minute with a minimum residual
pressure of thirty (30) psi for a fire hydrant with a one and one-half (1
1/2) inch outlet with an approved one-and-one half-inch (1-1/2) hose
as required in section 1312.
Page 54
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1319
NOTE; Authority cited: Sections 18300 and 18691, Health and Safety Code. Ref-
erence: Section 18691 , Health and Safety Code.
History
i. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 1).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1317. Private Fire Hydrant Test and Certification.
(a) Verification of Private Fire Hydrant Test and Certification. The
Private Fire Hydrant Test and Certification Report, a form defined in sec-
tion 1002 of this chapter, shall be used to verify that private fire hydrants
have been tested and certified for operation and water flow. All park op-
erators shall submit the form, including parks that qualify for testing ex-
ceptions, to the enforcement agency for the park.
(b) Annual Test and Certification of Operation. Private fire hydrants
shall be tested annually in order to determine that they are operational as
specified in subsection 1316(b) of this article. Verification shall be sub-
mitted to the enforcement agency and to the fire agency responsible for
fire suppression in the park, as required in section 1319 of this article. The
annual hydrant operational test may be performed and verified by a park
operator for the years between the five-year water flow tests. However,
the five-year test and certification of water flow and the operational test
performed at that time shall not be certified by the park operator. The
five-year test and certification of water flow and the operational test shall
only be certified by one of the enfities listed in subsecfion (c) of this sec-
tion.
(c) Five- Year Test and Certification of Water Flow and Operational
Test.
(1) Private fire hydrants shall be tested and certified at least once every
five (5) years for minimum water flow as prescribed in section 1316 of
this arficle, as well as for operation as specified in subsecfion 1316(b) of
this article. Cerfification shall be submitted to the enforcement agency
and to the fire agency responsible for fire suppression in the park as re-
quired in section 1319 of this article.
(2) Parks exisfing prior to December 31, 2002, shall submit verifica-
tion of their five-year test and certification for minimum water flow, be-
ginning with the permit to operate renewal year 2008, after the inifial wa-
ter flow test has been completed.
(3) The five-year test and certificafion of the required water flow and
the operational test shall be conducted during the 12 months prior to the
renewal of each fifth year park permit to operate. The previous five-year
renewal for the prior permit to operate must have complied with the re-
quired water flow standards set forth in secfion 1316 of this arficle.
(4) Tesfing for the required water flow shall be conducted in such a
manner as to ensure there is no pollution of the storm drain system or any
other water or drainage systems within, or serving, the park, and no dam-
age to structures or improvements within or outside of the park.
(5) The test results reported on the designated form shall only be certi-
fied by one of the following:
(A) the fire agency responsible for fire suppression in the park,
(B) a local water supplier,
(C) a licensed C-16 Fire Protection Contractor, or
(D) a licensed Fire Protection Engineer.
(6) In order to certify the test results reported on the form, the fire
agency responsible for fire suppression in the park, local water supplier,
licensed C-16 fire protection contractor, or licensed Fire Protection En-
gineer shall witness the test. The fire agency responsible for fire suppres-
sion in the park, local water supplier, licensed C-16 fire protection con-
tractor, or licensed Fire Protection Engineer, may also perform the test.
NOTE; Authority cited: Sections 18300, 18610 and 18691, Health and Safety
Code. Reference: Section 18691, Health and Safety Code.
History
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 1).
2. Change without regulatory effect amending subsections (a), (b)(1) and
(b)(2)-(d) filed 1 1-7-2002 pursuant to section 100, title 1, California Code of
Regulations (Register 2002, No. 45).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
4. Amendment of section and Note filed 12-26-2006; operative 1-2-2007 pur-
suant to Government Code section 1 1343.4 (Register 2006, No. 52).
§ 1318. Private Fire Hydrants with Violations.
(a) Correction of Violation. If, at any time, a test undertaken pursuant
to this article, or any other test or event, indicates that a private fire hy-
drant is in violation of any provision of section 1316, within sixty (60)
days of the date of the event or the test of the private fire hydrant, the park
operator shall obtain a permit to construct from the park enforcement
agency, and shall promptiy begin and maintain activity to ensure the pri-
vate fire hydrant meets the minimum requirements of this article. This
timeframe may be extended for extenuating circumstances subject to ap-
proval by the enforcement agency.
(b) Approval to Use Existing Private Fire Hydrant. Where the water
flow test of a private fire hydrant reveals a water flow less than that speci-
fied in subsection 1316(c) of this article, and it is determined that the pri-
vate fire hydrant cannot be repaired to meet the water flow requirement,
the park operator may request approval from the fire agency responsible
for fire suppression in that park to continue using the existing private fire
hydrant. Approval to use the existing private fire hydrant may be granted
by an authorized agent for the fire agency responsible for fire suppression
in the park, by signing Part VI on the form prescribed in subsection
1317(a).
NOTE: Authority cited: Sections 18300 and 18691, Health and Safety Code. Ref-
erence: Section 18691, Health and Safety Code.
History
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 1).
2. Change without regulatory effect amending subsection (b) filed 1 1-7-2002 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2002, No.
45).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1319. Private Fire Hydrant Compliance for Park
Operation.
(a) Permits to operate shall not be issued for parks with private fire hy-
drants that do not meet the requirements of this article.
(b) When applying for or renewing a permit to operate, the park opera-
tor shall submit the original form prescribed in subsection 1317(a) to the
enforcement agency, as defined in this article, and a copy forwarded to
the fire agency responsible for fire suppression in the park.
(c) Provided a park meets all other requirements for obtaining or re-
newing a permit to operate, a permit to operate may be issued to a park
where the form prescribed in subsection 1317(a), has been submitted to
the enforcement agency and one of the following options exists:
(1) the form shows no violations;
(2) the water flow test reveals a water flow less than that specified in
subsection 1316(c) of this article, and the park operator has obtained an
approval for the continued use of the existing private fire hydrant from
the fire agency responsible for fire suppression in that park, pursuant to
subsection 1318(b);
(3) a construction permit has been obtained and activity maintained to
ensure the private fire hydrant meets the minimum requirements of this
article;
(4) all violations of section 1316 are corrected, and a revised or final
form as prescribed in subsection 1317(a), verifying the correction, has
been submitted to the enforcement agency, or
(5) the system meets or exceeds the requirements approved at the time
of its construction.
(d) Refusal to issue a permit to operate pursuant to this section shall
not preclude a park enforcement agency from pursuing other enforce-
ment remedies as provided by law, or the fire agency from pursuing en-
forcement remedies provided by applicable laws or ordinances.
(e) The enforcement agency shall maintain, for a minimum of six (6)
years, all copies of the form prescribed in subsection 131 7(a), which shall
be available for review by the department.
Page 55
Register 2006, No. 52; 12-29-2006
§1320
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTC: Authority cited: Sections 18300 and 18691, Health and Safety Code. Ref-
erence: Section 18691, Health and Safety Code.
History
1 . New section and new Form HCD MP 532 filed 1-3-2002; operative 1-3-2002
pmsuant to Government Code section 1 1343.4 (Register 2002, No. I).
2. Change without regulatory effect amending subsections (b), (c), (c)(4) and (e)
filed 1 1-7-2002 pursuant to section 100, title 1 , California Code of Regulations
(Register 2002, No. 45).
3. Amendment filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
4. Amendment of subsections (c)(2)-(c)(4), new subsection (c)(5) and amendment
of subsection (d) filed 7-22-2005: operative 7-22-2005 pursuant to Govern-
ment Code section 1 1343.4 (Register 2005, No. 29).
5. Editoqal correcfion of History 4 (Register 2005, No. 33).
Article 7. MH-Unit and Commercial
Modular Installations and Facilities
§1320. Application and Scope.
(a) The requirements of this article shall apply to the installation of
MH-units and shall apply to all parts of the state within and outside of
parks.
(b) Installation provisions that apply to manufactured homes shall ap-
ply equally to multi-unit manufactured housing installations subject to
California Health and Safety Code section 18008.7, this chapter and any
other applicable laws or regulations.
(c) The requirements of this article also apply to any MH-unit rein-
stallation or any alteration, addition or changes to an original or prior
MH-unit installation.
(d) These installation requirements do not apply to recreational ve-
hicles or to MH-units set up for display on dealer sales lots. However,
MH-units displayed as sales models in parks shall comply with the re-
quirements of this chapter.
(e) An installation or reinstallation on a different lot pursuant to Health
and Safety Code section 18613, shall include the following:
(1)(A) A tiedown system consisting of listed tiedown assemblies
installed as required by section 1336.2 of this article, or
(B) An engineered tiedown system designed by an engineer or archi-
tect in compliance with section 1 336.3 and installed according to the en-
gineered plans and specifications; and
(2) If concrete piers or steel piers are used in the support system for the
MH-unit, mechanical connection of the piers to the MH-unit and of the
piers to their footing in compliance with the requirements of section
1334.1.
(f) Existing construction, connections, and installations of MH-units
made before the effective date of the requirements of this chapter, may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
(g) Sections 1 333 and 1 333.5 of this article apply to commercial mod-
ulars installed on foundation systems and are applicable to all parts of the
state both within and outside of parks.
NOTE: Authority cited: Sections 18300, 18551, 18613 and 18613.4, Health and
Safety Code. Reference: Sections 18008.7, 18045.6, 18551, 18613 and 18613.4,
Health and Safety Code.
History
1. Amendment filed 12-21-79 as an emergency; designated effective 1-1-80.
Certificate of Compliance included (Register 79, No. 51).
2. Repealer and new secfion filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 85, No. 36).
3. Amendment of article heading, designation and amendment of subsections
(a)-(b), new subsections (c)-(e) and amendment of Note filed 9-8-94 as an
emergency; operative 9-19-94 (Register 94, No. 36). A Certificate of Com-
pliance must be transmitted to OAL by 1-17-95 or emergency language will be
repealed by operafion of law on the following day.
4. Amendment of article heading, designation and ainendment of subsections
(a)-(b);new subsections (c)-(e) and amendment of Note refiled 1-1 8-95 as an
emergency; operative 1-17-95 (Register 95, No. 3). A Certificate of Com-
pliance must be transmitted to OAL by 5-17-95 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-95 order including amendment of subsec-
tions (c)( 1 )-(c)( 1 )(B) transmitted to OAL 3-3 1 -95 and filed 5- 1 2-95 (Register
95, No. 19).
6. Amendment of article heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Govemment Code section 1 1343.4 (Resister 2004, No.
28).
7. Amendment of subsections (c), (e)(2) and (f), new subsection (g) and amend-
ment of Note filed 7-22-2005; operative 7-22-2005 pursuant to Govemment
Code section 11343.4 (Register 2005, No. 29).
8. Editorial coirection of subsection (b) and History 7 (Register 2005, No. 33).
§1322. Application and Scope.
NOTE: Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
tions 18300 and 18613, Health and Safety Code.
History
1. Repealer filed 8-22-85; effecfive upon filing pursuant to Govemment Code
Section 1 1346.2(d) (Register 85, No. 36).
§ 1324. Installation Permits.
(a) A permit shall be obtained from the enforcement agency each time
an MH-unit, is located or installed on any site for the purpose of human
habitation or occupancy. Permits are not required to locate recreational
vehicles in a park.
(b) Requirements for applications and MH-unit installation permits
are contained in Article 1 .
NOTE: Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fions 18045.6, 18500, 18613 and 18630, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effecfive upon filing pursuant to Government Code
Secfion 11346.2(d) (Register 85, No. 36).
2. Amendment of section heading, secfion and Note filed 7-6-2004; operative
7-6-2004 pursuant to Govemment Code section 1 1343.4 (Register 2004, No.
28).
§1326. Inspection.
(a) An applicant obtaining a permit to install an MH-unit or cominer-
cial modular shall notify the enforcement agency and request inspection
at least twenty-four (24) hours in advance of the time the installation is
expected to be completed.
(b) The applicant (or their representative) to whom the permit to install
an MH-unit was issued, shall:
(1) be on site and available to the official of the enforcement agency
at the time of the inspection of the installation;
(2) have available to the enforcement official at the installation site a
complete set of plans and specifications regarding the installation includ-
ing the manufacturer's installation instructions, if available;
(3) provide on site test equipment required by section 1362, including
a continuity tester, a polarity tester, and a pressure or slope gauge or ma-
nometer and
(4) perform the tests required in section 1362 of this article in the pres-
ence of the enforcement official.
(c) If the installation fails to comply with the requirements of sections
18551 or 18613 of the Health and Safety Code and/or this chapter, the
enforcement agency shall provide a written notice of violation to the ap-
plicant or their representative stating the nature of the violation including
a reference to the law or regulation being violated. The applicant or their
representative shall perform the necessary corrective work and request
reinspection within ten (10) days. The fee for reinspection shall be paid
prior to reinspection.
(d) Upon completion of the MH-unit' s installation, the MH-unit
manufacturer' s installation instructions, a copy of the approved plot plan,
a copy of the permit, a copy of the plans and specifications for any engi-
neered tiedown system or foundation system installed shall be placed by
the installer within the MH-unit for retention by the unit's owner.
(e) The MH-unit shall not be occupied for human habitation prior to
inspection and approval of the installation by the enforcement agency.
NOTE: Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fions 18551, 18613 and 18613.4, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
secfion 1 1346.2(d) (Register 85, No. 36).
2. Amendment of subsection (a), new subsections (b)-(b)(3), redesignation and
amendment of subsection (c), new subsection (d) and amendment of Note filed
Page 56
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1333
9-8-94 as an emergency; operative 9-19-94 (Register 94, No. 36). A Certifi-
cate of Compliance must be transmitted loOALby 1-17-95 or emergency lan-
guage will be repealed by operation of law on the following day.
3. Amendment of subsection (a), new subsections (b)-(b)(3), redesignation and
amendment of subsection (c), new subsection (d) and amendment of Note re-
filed 1-1 8-95 as an emergency; operative 1-1 7-95 (Register 95, No. 3). A Cer-
tificate of Compliance mu.st be transmitted to OAL by 5-17-95 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-95 order including repealer and new sub-
section (b)(3) and amendment of subsection (d) transmitted to OAL 3-31-95
and filed 5-12-95 (Register 95, No. 19).
5. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1328. Utility Facilities.
The utility facilities for the unit shall be either fully installed and ap-
proved or ready for inspection prior to the installation inspection of the
unit on that lot. The unit shall not be approved for occupancy until all the
required lot utilities have been approved. All connections shall comply
with the requirements of this chapter.
NOTE: Authority cited; Sections 18300, 18610, 18613, 18630, 18670 and 18690,
Health and Safety Code. Reference: Sections 18550, 18551, 18610, 18613, 18630,
18670 and 18690, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1330. Unit Separation and Setback Requirements Within
Parks.
(a) In parks, or portions of parks, constructed prior to September 15,
1961, units shall not be located closer than six (6) feet from any perma-
nent building or another unit.
(b)In parks, or portions of parks, constructed on or after September 15,
1961, minimum separation distance shall be as follows:
(1) from a unit to any permanent building, not less than ten (10) feet.
(2) from a unit to any other unit, not less than:
(A) ten (10) feet from the side of one unit to the side of an adjacent unit;
(B) eight (8) feet from the side of one unit to the front or rear of an adja-
cent unit; and
(C) six (6) feet from the front or rear of one unit to the front or rear of
an adjacent unit.
(c) A minimum setback of three (3) feet shall be maintained from the
unit or the unit's projection or eave overhang and the adjacent lot line or
property line. However, a unit may be installed up to a park roadway or
common area provided there is no combustible building or structure in
the common area within six (6) feet, and no building or structure of any
kind within three (3) feet, of any portion of the unit. The maximum seven-
ty-five percent (75%) lot coverage allowed by section 1 1 10 of this chap-
ter shall be maintained. Projections or eave overhangs shall not extend
beyond a lot line bordering a roadway or common area.
(d) Unit projections or eave overhangs may intrude into the minimum
distances required for separation, where separation requirements be-
tween units, as defined in subsection (b) of this section, are greater than
six (6) feet, provided not less than a six (6)-foot separation is maintained
between the edge of any unit projection or eave overhang, and an adja-
cent unit, permanent building, or combustible accessory building or
structure and its projection, or eave overhang.
(e) Lot lines shall be identified as prescribed by section 1104.
(f) Units installed outside of parks shall comply with local require-
ments for setbacks and separations and shall not be required to have
greater setbacks or separation than other similar dwellings within the lo-
cal agency's jurisdiction.
(g) Setback and separation requirements for accessory buildings and
structures or building components are contained in section 1428 of Ar-
ticle 9.
NOTE: Authority cited: Sections 1 8300 and 18610, Health and Safety Code. Ref-
erence: Sections 18300, 18551, 18610 and 18613, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Aiiiehdment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
3. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
4. Editorial coirection of subsection (g) and History 2 (Register 2005, No. 33).
5. Amendment of subsection (c) filed 12-26-2006; operafive 1-2-2007 pursuant
to Government Code section 1 1 343.4 (Register 2006, No. 52).
§ 1332. Local Requirements.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18300. Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1333. Foundation Systems.
(a) Pursuant to Health and Safety Code section 18551, the require-
ments for MH-unit and commercial modular foundation systems are ap-
plicable throughout the state.
(b) The foundation system and the connection of the MH-unit or com-
mercial modular to the foundation system shall be designed to withstand
the vertical and lateral forces due to dead load, roof and floor live loads,
wind and seismic loads in accordance with the provisions of the Califor-
nia Building Code, Chapter 16, and local soil conditions. The roof live
load, wind and seismic loads as established for permanent buildings
within specific local areas shall apply.
(c) The vertical and lateral load resisting elements shall be sized and
located to resist the loads specified in the manufacturer's installation
instructions. The manufacturer's installation instructions shall become a
part of the foundation system plans. In the absence of the manufacturer's
installation instructions, plans and specifications signed by an architect
or engineer covering the installation of an individual MH-unit or com-
mercial modular shall be provided to the enforcement agency.
(d) The foundation system and the connection of the MH-unit or com-
mercial modular to the foundation system shall be capable of withstand-
ing the vertical and lateral loads shown in the manufacturer's installation
instructions, or plans and specifications signed by an architect or engi-
neer, including locations where there are concentrated loads.
(e) When an MH-unit or commercial modular is installed on a founda-
tion system, a foundation system plan shall be provided to the enforce-
ment agency. The manufacturer may provide a foundation system plan
in its installation instructions, or a foundation system plan may accompa-
ny the installation instructions. FoundaUon systems may be approved by
the enforcement agency or the department. Foundation systems ap-
proved by the department shall be accepted by every enforcement agency
as approved for the purpose of obtaining a construction permit when the
design loads and conditions are consistent for the locahty. The depart-
ment shall require that foundation system plans and supporting data be
signed by an architect or engineer.
(f) Foundations for cabanas, porches, and stairways which are acces-
sory to MH-units on foundation systems and foundations for building
components shall be subject to approval of the enforcement agency.
Porches and stairways which are accessory to commercial modulars on
a foundation system shall be subject to approval of the enforcement
agency.
(g) When it is necessary for the department to approve plans or to make
investigations of complaints relating to foundation system plans, fees
shall be paid in accordance with section 1020.9 of article 1.
(h) A standard plan approval may be obtained from the department for
a plan for MH-unit or commercial modular foundation systems. The re-
quirements for obtaining a standard plan approval are contained in sec-
tion 1020.9 of article 1.
(i) Multi-unit manufactured housing consisting of three (3) or more
dwelling units shall be installed on a foundation system pursuant to
Health and Safety Code section 18551(a) or (b).
Page 57
Register 2006, No. 52; 12-29-2006
§ 1333.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE: Authority cited: Sections 18300, Health and Safety Code. Reference: Sec-
tions 18531 and 18008.7, Health and Safety Code.
History
1. New section filed 12-21-79 as an emergency: designated effective 1-1-80.
Certificate of Compliance included (Register 79, No. 51).
2. Amendment of subsection (f) tiled 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
3. Amendment filed 8-22-85; effective thirtieth day thereafter (Register 85, No.
36).
4. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28). ,
§ 1333.5. Utility Connections for Manufactured Homes,
Mobilehomes, and Commercial Modulars on
Foundation Systems.
(a) When an MH-unit is installed on a foundation system pursuant to
section 18551 of the Health and Safety Code, utility connections shall
comply with the requirements of this chapter, or at the discretion of the
MH-unit owner, the connections may be installed as required for perma-
nent residential buildings in compliance with the California Plumbing
Code and California Electric Code.
(b) Whenever a commercial modular is installed, the utility connec-
tions shall coiTiply with the California Plumbing Code and the California
Electrical Code.
(c) The testing of MH-unit utility systems and connections installed
on a foundation system shall be performed in accordance with section
1362of this Article.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18551, Health and Safety Code.
History
1. New section filed 12-21-79 as an emergency; designated effective 1-1-80.
Certificate of Compliance included (Register 79, No. 51).
2. Amendment filed 8-22-85; effective thirtieth day thereafter (Register 85, No.
36).
3. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1334. MH-UnIt Support Piers and Footings.
(a) Load bearing piers shall be constructed of rust resistant materials
or treated to resist rust and designed and constructed in accordance with
the design requirements of the California Building Code, Chapters 16,
19, 21, 22 and 23. The required load bearing capacity of individual sup-
port piers and their footings shall be calculated at not less than a com-
bined live and dead load of seventy-five (75) psf based on roof live and
dead load of twenty-five (25) psf and floor live and dead load of fifty (50)
psf of the MH-unit.
(b) Load bearing piers, other than concrete block piers, shall be tested
to determine the safe operating load. The tests shall be conducted by test-
ing agencies approved by the department. Testing agencies shall provide
a pier testing report to the department upon completion, regardless of the
testing results. A unique number provided by the testing agency shall
identify each test report. The following testing procedures shall be used:
(1) A compression test shall be performed on three (3) piers of the
same height and construction, selected randomly at the pier manufactur-
ing facility by a representative of the testing agency.
(A) The compression test shall be performed on piers with all required
design assemblies installed, such as adjustable tops, clamps, securement
devices or similar assemblies.
(B) The selected piers shall be subjected to the compression test with
each pier, fully assembled as will be installed, placed squarely on a firm
base, and tested to its failure point. The compression test shall be mea-
sured in psf. Support pier failure will be established when the support
bends, cracks, buckles or deflects to an unsafe level as determined by the
approved testing agency.
(C) The safe operating load of a support pier is one-third (1/3) the av-
erage of the three (3) failure tests.
(2) When piers differ in height or construction, design tests and evalua-
tions must be performed on each type of pier.
(c) Tested load bearing piers other than concrete block piers shall be
listed and labeled as follows:
(1) Listing of piers shall be conducted by listing agencies approved by
the department.
(A) The listing agency shall conduct manufacturer facility audits and
prepare finding reports not less than once per year. The audit report will
include, at a minimum:
(i) the review of pier construction for compliance with manufactured
designs as approved by the testing agency,
(ii) the materials used in its construction including type, size, and
weight,
(iii) the manufacturers quahty control program, if applicable, and
(iv) the label application and label control process.
(B) The listing agency shall provide an annual report to the department
of its approval and audit findings.
(2) Pier supports shall display a legible permanent label of approval,
visible when the pier support is installed. The label shall contain the fol-
lowing information:
(A) Manufacturer's name.
(B) Listing agency name,
(C) Listing number issued by the listing agency,
(D) Testing agency's approved operating load, and
(E) Testing agency's test report number.
(d) Individual load bearing footings may be placed on the surface of
the ground, and shall be placed level on cleared, firm, undisturbed soil
or compacted fill. Where unusual soil conditions exist, as determined by
the enforcement agency, footings shall be designed to compensate for
such conditions. The allowable loading on the soil shall not exceed one
thousand (1,000) psf unless data to substantiate the use of higher values
is approved by the enforcement agency.
(e) Footings shall be adequate in size to withstand the tributary live and
dead loads of the MH-unit and any concentrated loads. The length to
width ratio of the footing shall not exceed two and one-half (2.5) to one
(1).
Individual footings for load bearing supports or devices shall consist
of one of the following:
(1) Pressure treated lumber which meets the following requirements:
(A) Not less than two (2) -inch nominal thickness with a minimum of
twenty-five (25) percent of the individual footings identified by an ap-
proved listing agency, as being pressure treated for ground contact.
(B) Knots. Well spaced knots of any quality are permitted in sizes not
to exceed the following or equivalent displacement:
Any
Holes
;;;. Width
Location
(Any Cause)
6"
2 3/8"
1 1/2"
8"
3"
2"
One Hole or
10"
3 3/4"
2 1/2"
Equivalent
12"
4 1/4"
3"
Per Piece
14"
4 5/8"
3 1/2"
(C) Splits. In no case exceed one-sixth (1/6) the length of the piece.
(D) Honeycomb or Peck. Limited to small spots or streaks of firm hon-
eycomb or peck equivalent in size to holes listed in (B) above.
(2) Precast or poured in place concrete footings not less than three and
one-half (3 1/2) inches in thickness. The concrete shall have a minimum
twenty-eight (28)-day compressive strength of not less than two thou-
sand five hundred (2500) psi.
(3) Other material, approved by the department, providing equivalent
load bearing capacity and resistance to decay.
(f) Individual load bearing piers or devices and footings shall be de-
signed and constructed with sufficient rigidity and bearing area to evenly
distribute the loads carried over one-third (1/3) the area of the footings
as measured from the center of the footing. When two (2) or more two
(2)-inch nominal wood pads placed side-by-side on the ground are used
as a pier footing, a single wood cross pad must be installed on top of the
ground contact pads at a ninety (90)-degree angle so as to place the direc-
tional wood grains opposing to each other. The cross pad must be of a
length to cover each ground contact pad and be of two (2) inch nominal
Page 58
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§ 1334.2
thickness. Footings shall be constructed of sufficient rigidity to evenly
distribute the loads carried to the ground without bowing or splitting.
(g) When multiple wood footings are stacked, they shall be secured to-
gether with corrosion resistant fasteners at all four (4) corners of the pad
which will penetrate at least eighty (80) percent of the base pad to prevent
shifting.
(h) Individual load bearing piers, which do not include the footing as
defined in section 1002 of this chapter, located under the MH-unit's
chassis shall not exceed thirty-six (36) inches in height.
(i) When more then one-quarter (1/4) of the area of the MH-unit is
supported at a height of three (3) feet or more as measured between each
unit's chassis and the ground, the MH-unit shall be installed on a founda-
tion system in accordance with sections 18551 (a)or(b)oftheHealthand
Safety Code.
(j) No portion of the support system above the ground shall extend be-
yond the vertical plane of the side or end wall of the MH-unit that would
restrict or inhibit installation of skirting.
NOTE: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Sections 18300 and 18613, Health and Safety Code.
History
1. Amendinent of subsection (a) filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Resister 2004, No.
28).
§ 1334.1. Mechanical Connection of Concrete Piers or
Steel Piers.
Mechanical connection of all steel piers or concrete piers to an MH-
unit and to the pier's footing is subject to the requirements of this section.
(a) When live loads are applied to an MH-unit installed pursuant to
Health and Safety Code section 18613, mechanical connection of steel
piers or concrete piers shall be capable of maintaining the placement of
the support system of the MH-unit to the point of the failure of either the
attachment point on the MH-unit, the pier or the footing.
(1 ) The means of mechanical connection shall not allow the separation
of the MH-unit from any pier or footing as a result of horizontal loads or
vertical loads,
(2) Failure occurs when the attachment point on the MH-unit, the pier
or the footing yields or fractures or is deformed to a point that threatens
the health and safety of the occupants of the MH-unit.
(b) For the purposes of this section, live loads are restricted to the fol-
lowing:
(1) horizontal loads applied to the attachment point on the MH-unit
in both directions parallel to the attachment point and in both directions
perpendicular to the attachment point; and
(2) vertical loads applied to the attachment point on the MH-unit in
both directions upward and downward from the point of contact between
the pier footing and the ground.
(c) Mechanical connection of the concrete pier or steel pier to the point
of attachment on the MH-unit shall comply with the following require-
ments:
(1) The means of mechanical connection shall be fabricated of steel
that is not less than one-eighth (1/8) of an inch thick and not less than two
(2) inches wide and two (2) inches long;
(2) Fasteners incorporated as part of the mechanical connection shall
be no smaller than three-eights (3/8) inch grade 5 bolts, nuts and lock
washers; and
(3) The means of mechanical connection shall not incorporate modifi-
cations of either the pier or of the MH-unit.
(4) The means of mechanical connection at the center Une between
each transportable section of a multi-section MH-unit shall consist of
one quarter (1/4) inch lag bolts or wood screws and shall secure the pier
to a wood floor structural member.
(d) A listed concrete pier or steel pier complies with subsection (c) if
it incorporates into its structure a means of mechanical connection to the
MH-unit.
(e) Mechanical connection of a concrete pier or steel pier to the pier's
footing shall be fabricated of corrosion resistant components.
(f) A listed concrete pier or steel pier complies with subsection (e) if
it incorporates into its structure a means of mechanical connection to the
pier footing.
NOTE: Authority cited: Sections 18300, 18613 and 18613.4, Health and Safety
Code. Reference: Section 18613.4, Health and Safety Code.
History
1 . Renumbering of former section 1 336.4 to new section 1 334. 1 , including amend-
ment of section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 1 1343.4 (Register 2004. No. 28).
§ 1334.2. Mechanical Connection of Concrete Block Piers.
While nothing in this section requires the installation of an MH-unit
to include the mechanical connection of concrete block piers, the follow-
ing standards have been developed for the mechanical connection of a
concrete block pier to an MH-unit and to the pier's footing.
(a) When live loads are applied to an MH-unit installed pursuant to
Health and Safety Code section 18613, mechanical connection of con-
crete block piers shall be capable of maintaining the placement of the
support system of the MH-unit to the point of the failure of either the at-
tachment point on the MH-unit, the pier or the footing.
( 1 ) The means of mechanical connection shall not allow the separation
of the MH-unit from any pier or footing as a result of horizontal loads or
vertical loads.
(2) Failure occurs when the attachment point on the MH-unit, the pier
or the footing yields or fractures or is deformed to a point that threatens
the health and safety of the occupants of the MH-unit.
(b) For the purposes of this section, live loads are restricted to the fol-
lowing:
(1) horizontal loads applied to the attachment point on the MH-unit
in both directions parallel to the attachment point and in both directions
perpendicular to the attachment point; and
(2) vertical loads applied to the attachment point on the MH-unit in
both directions upward and downward from the point of contact between
the pier footing and the ground.
(c) In order to test a device, assembly or arrangement designed to
achieve mechanical connection of a concrete block pier to an MH-unit
and to the pier's footing, the testing shall comply with the methods and
specifications provided in this section, and the mechanical connection
shall endure the testing without failure.
(d) The device, assembly or arrangement of mechanical connection of
concrete block supports shall be tested in both of the following configura-
tions:
(1) eight (8) inches by eight (8) inches by sixteen (16) inches concrete
blocks shall be stacked three (3) blocks high, without wooden spacers be-
tween the blocks, upon a pressure-treated wood footing two (2) inches
by twelve (12) inches by thirty (30) inches in size.
(2) eight (8) inches by eight (8) inches by sixteen (16) inches concrete
blocks shall be stacked three (3) blocks high, with one (l)-inch wooden
spacers between the concrete blocks, upon a pressure-treated wood foot-
ing two (2) inches by twelve (12) by thirty (30) inches in size.
(3) The concrete blocks used in the configurations shall comply with
the requirements of UBC Standard 21-4, "Hollow and Solid Load-Bear-
ing Concrete Masonry Units," the California Building Code.
(e) A section of three (3)-inch flange by ten (lO)-inch web steel "I"
beam shall be used to simulate the point of attachment to the MH-unit.
(f) Two (2)-piece wooden wedges, driven together in opposition to
one another and forming a thickness of not less than one (1 ) inch or more
than two (2) inches between the topmost concrete block and the "I" beam,
shall be used to simulate the typical surface bearing area between the con-
crete block pier support and the point of attachment to the MH-unit.
(g) The device, assembly or arrangement proposed as a means of me-
chanical connection for concrete block supports shall be installed in each
of the configurations specified in subsection (d) and shall be subjected
to the following procedures.
(1)(A) The footing shall be placed upon a level surface capable of sup-
porting not less than one thousand pounds (1000) psf.
Page 59
Register 2006, No. 52; 12-29-2006
§ 1334.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(B) The contact points between the wooden wedges and the "I" beam
and between the concrete block and the footing shall be clearly marked.
(C) The "I" beam shall be raised vertically at least twelve (12) inches
not less than five (5) times, without failure of the mechanical connection.
(D) Failure occurs if the points of contact of either the wooden wedges
and the "1" beam or the concrete block and the footing has changed more
than one (1) inch from the locations originally marked, as instmcted in
subsection (g)(1)(B).
(2)(A) The "I" beam shall be subjected to a constant vertical load of
not less than one thousand (1000) psf at a point central to the concrete
block pier configuration. The measurement between the level support
surface and the bottom of the "I" beam shall be recorded.
(B) While maintaining the vertical load, the "I" beam shall be sub-
jected to horizontal loads applied in both directions parallel to the "'I"
beam and in both directions perpendicular to the "I" beam. Tlie mechani-
cal connection shall withstand these forces without failure, until one or
more of the concrete blocks fail to support the vertical load.
(C) Failure of one or more of the concrete blocks to support the vertical
load occurs when the measurement recorded as directed in subsection
(g)(2)(A) between the support surface and the bottom of the "I" beam, is
decreased by one or more inches.
(D) Failure of the mechanical connection occurs if the points of con-
tact of either the wooden wedges and the "I" beam or the concrete block
and the footing have changed more than one (I) inch from the locations
originally marked as instructed in subsection (g)(1)(B).
NOTE; Authority cited: Sections 18300, 18613 and 18613.4, Health and Safety
Code. Reference: Section 18613.4, Health and Safety Code.
History
1 . Renumbering of former section 1 336.5 to new section 1 334.2, including amend-
ment of section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1334.4. Footings in Areas Subject to Ground Freezing.
(a) Support footings shall be placed below the frost line depth, deter-
mined by the local jurisdiction, in areas subject to ground freezing.
(b) The lowest point of the footing shall be below the frost line on firm
undisturbed soil.
(c) Footings shall be precast or poured in place concrete not less than
three and one-half (3 1/2) inches in thickness, or other approved materi-
als listed for use below grade. The concrete shall have a minimum
twenty-eight (28)-day compressive strength of not less than two thou-
sand five hundred (2500) psi.
(d) No wood, or other non-masonry material not listed for use below
grade, shall be below the surrounding grade and only pressure-treated
wood and wood with natural resistance to decay and termites is permitted
within six (6) inches of the soil.
(e) Holes for footings shall be open for inspection and backfilled prior
to final inspection.
(f) Metal supports shall not be imbedded in soil or concrete.
(g) An additional inspection is required for verification of either foot-
ing depth or backfill, if not conducted at the time of the unit's installation.
NOTE: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Section 18613, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1334.5. Footings on Uneven Surfaces.
When footings span an uneven surface, one of the following methods
shall be used to level the area of the footing:
(a) Placed on firm undisturbed soil or compacted fill pursuant to sec-
tion 1334(d).
(b) Poured in place concrete at least three and one-half (3 1/2) inches
thick extending to the edge of the footing.
(c) Pressure-treated wood meeting the requirements of section 1334.
(d) Compacted class 2 aggregate with the level top footing surface ex-
tending a minimum 12 (12) inches beyond the edge of the footing.
(e) Fills for uneven surfaces exceeding six (6) inches in depth shall be
made with poured in place concrete or alternate engineered method ap-
proved by the enforcement agency. The concrete shall have a minimum
twenty-eight (28)-day compressive strength of not less than two-thou-
sand-five-hundred (2500) pounds-per-square-inch.
NOTE: Authority cited: Sections 1 8300 and 1 86 1 3, Health and Safely Code. Ref-
erence: Sections 18300 and 18613, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§1334.6. Vapor Barriers.
When the manufacturer's installation instructions require the installa-
tion of a vapor barrier on the surface of the ground, the barrier shall be
installed under the foofings and in accordance with the manufacturer's
installation instructions.
NOTE: Authority cited: Sections 1 8300 and 1 861 3, Health and Safety Code. Ref-
erence: Sections 18300 and 18613, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1335. Load Bearing Supports, l\/lanufacturer's
Installation Instructions.
MH-units manufactured on or after October 7, 1 973, shall be installed
in accordance with the approved manufacturer's installation instruc-
tions. Individual load bearing supports of a support system shall provide
the support required by the manufacturer's instructions, including loca-
tions where there are concentrated loads. The fooUng areas shall be sized
in accordance with section 1334 to support the loads shown in the
manufacturer's installafion instructions.
Note; Authority cited: Sections 18300 and 1 861 3, Health and Safety Code. Ref-
erence: Secfion 18613, Health and Safety Code.
History
1 . Renumbering and amendment of former section 1 336 to new section 1335 filed
9-8-94 as an emergency; operative 9-19-94 (Register 94, No. 36). A Certifi-
cate of Compliance must be transmitted to OAL by 1-17-95 or emergency lan-
guage will be repealed by operation of law on the following day.
2. Renumbering and amendment of former section 1336 to new section 1335 and
amendment of Note refiled 1-18-95 as an emergency; operative 1-17-95
(Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL
by 5-17-95 or emergency language will be repealed by operafion of law on the
following day.
3. Certificate of Compliance as to 1 -1 8-95 order transmitted to OAL 3-31-95 and
filed 5-12-95 (Register 95, No. 19).
4. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1335.5. Load Bearing Support Systems. Without
Manufacturer's Installation Instructions.
(a) MH-units manufactured prior to October 7, 1973, or MH-units for
which the manufacturer's installation instructions are unobtainable, shall
be supported in accordance with this subsection or on a foundation sys-
tem in accordance with secfion 18551 of the Health and Safety Code.
MH-units installed in areas exceeding a thirty (30)-pound roof live load,
or to different requirements than prescribed in this secfion, shall have
support systems designed and approved by an architect or engineer. The
MH-unit shall be supported as follows:
(1 ) Main chassis beam supports spaced not more than six (6) feet apart
longitudinally, as determined from table 1335.5-1,
(2) Ridge beam support systems as determined from table 1335.5-2,
and
(3) wall supports under each end of a side wall opening that is forty-
eight (48) inches or more in width, and under the perimeter walls at eight
(8) foot intervals with foofing sizes not less than two hundred seventy-
five (275) square inches.
•
Page 60
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§ 1336.1
TABLE 1335.5-1
MH-unil Section Widths
Width of
MH-unit Section
8 ft. wide
1 0 ft. wide
12 ft. wide
14 ft. wide
16 ft. wide
Footing Area
260 sq. in.
324 sq. in.
388sq. in.
452 sq. in.
516 sq. in.
TABLE 1335.5-2
Span in feet
Unit Section Width
Between
10 Foot
72 Foot
14 Foot
16 Foot
Ridge Beam
Locations
Load in Pounds Per Squa
re Foot
Up to 5
1250
1500
1750
2000
6
1500
1800
2100
2400
7
1750
2100
2450
2800
8
2000
2400
2800
3200
9
2250
2700
3150
3600
10
2500
3000
3500
4000
11
2750
3300
3850
4400
12
3000
3600
4200
4800
13
3250
3900
4550
5200
14
3500
4200
4900
5600
15
3750
4500
5250
6000
16
4000
4800
5600
6400
17
4250
5100
5950
6800
18
4500
5400
6300
7200
19
4750
5700
6650
7600
20
5000
6000
7000
8000
21
5250
6300
7350
8400
22
5500
6600
7700
8800
23
5750
6900
8050
9200
24
6000
7200
8400
9600
25
6250
7500
8750
10000
(b) Multi-section homes manufactured prior to October 7, 1973 or
multi-section homes for which the manufacturer's installation instruc-
tions are unobtainable, shall be interconnected as designed and approved
by an architect or engineer or as follows:
(1) Floor connections shall be made with a three-eighths (3/8) inch di-
ameter lag bolt or equivalent, of a length sufficient to ensure a tight con-
nection as determined by the enforcement agency at the time of inspec-
tion. The lag bolts shall be installed twenty-four (24) inches on center.
The lag bolts shall be staggered on alternating sides located where the
multi-section floor lines meet.
(2) Roof connections shall be made with a three-eights (3/8) inch di-
ameter lag bolt or equivalent, of length sufficient to ensure a tight connec-
tion as determined by the enforcement agency at the time of inspection.
The lag bolts or equivalent shall be installed twenty-four (24) inches on
center. The lag bolts shall be staggered on alternating sides where the
multi-section rooflines meet.
(3) End wall cormections shall be made with a number eight (8) screw
or equivalent, of length sufficient to ensure a tight connection as deter-
mined by the enforcement agency at the time of inspection. The screws
shall be installed eighteen (1 8) inches on center. The screws shall be stag-
gered on alternating sides where the multi-section end walls meet.
NOTE: Authority cited: Section 18300 and 18613, Health and Safety Code. Refer-
ence: Section 18613, Health and Safety Code.
History
1. Renumbering and amendment of former section 1342 to new section 1335.5
filed 9-8-94 as an emergency; operative 9-19-94 (Register 94, No. 36). A Cer-
tificate of Compliance must be transmitted to OAL by 1-17-95 or emergency
language will be repealed by operation of law on the following day.
2. Renumbering and amendment of former section 1 342 to new section 1335.5 and
amendment of Note refiled 1-18-95 as an emergency; operative 1-17-95
(Register 95, No. 3). A Certificate of Compliance must be transmitted to OAL
by 5-1 7-95 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 1-1 8-95 order transmitted to OAL 3-31-95 and
filed 5-12-95 (Register 95, No. 19).
4. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1336. Wind Load Calculation.
Wind load is calculated as follows:
(a) From the exterior of the MH-unit, measure the total length of the
exposed side wall in feet and in fractions of feet. Then measure the height
of the exposed side wall in feet and fractions of feet, measuring from the
point of connection of the side wall with the roof to the bottom of the side-
wall, excluding any skirting installed at the site. Multiply the measure-
ment of the length of the side wall by the measurement of the height of
the side wall to obtain the exposed square footage of the side wall.
(b) From the exterior of the MH-unit, measure the total length of the
exposed roof in feet and fractions of feet. Then measure the height of the
exposed roof in feet and fractions of feet, measuring vertically from the
point of connection with the side wall to the peak of the roof. Multiply
the measurement of the length of the roof by the measurement of the
height of the roof to obtain the exposed square footage of the roof. Divide
the square footage by two, in order to compensate for the reduced wind
load against a pitched roof.
(c) Add the square footage obtained in the calculation described in
subsection (a) to the square footage obtained in the calculation described
in subsection (b) to obtain the total square footage of the exterior side of
the MH-unit exposed to wind load.
(d) Multiply the square footage obtained in the calculation described
in subsection (c) by either the design wind load of the MH-unit or by fif-
teen (15) psf, whichever is greater, to obtain the wind load. The design
wind load of the MH-unit is provided on the data plate permanently af-
fixed to the MH-unit.
EXAMPLE: The side wall of the MH-unit measures sixty-two and
one-half feet (62 1/2' ) in length and ten feet (10' ) in height. The roof
of the MH-unit measures sixty-three and one-half feet (62 1/2') in
length and four and one-third feet (4 1/3' ) in height. These measure-
ments result in a calculated wind load of 1 1 ,437 pounds using the above-
described method.
(a) 62.5 X 10 = 625 square feet
(b) 63.5 X 4.33 = 274.96/2 = 137.48 square feet
(c) 625 -I- 137.48 = 762.48 square feet
(d) 762.48 X 15 = 1 1,437.2 or a 1 1,437 pound wind load.
NOTE: Authority cited: Sections 18300, 18613 and 18613.4, Health and Safety
Code. Reference: Section 18613.4, Health and Safety Code.
History
1. Renumbering of former section 1336 to section 1335 and new section filed
9-8-94 as an emergency; operative 9-19-94 (Register 94, No. 36). A Certifi-
cate of Compliance must be transmitted to OAL by 1-17-95 or emergency lan-
guage will be repealed by operation of law on the following day.
2. Renumbering of former section 1336 to section 1335 and new section refiled
1-18-95 as an emergency; operative 1-17-95 (Register 95, No. 3). A Certifi-
cate of Compliance must be transmitted to OAL by 5-17-95 or emergency lan-
guage will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1 -1 8-95 order transinitted to OAL 3-31-95 and
filed 5-12-95 (Register 95, No. 19).
4. Amendment of section and NOTE filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 11343.4 (Register 2004, No. 28).
§ 1 336.1 . Listed Tiedown Assemblies.
Tiedown assemblies that are not part of an engineered tiedown system
shall be listed as having been tested and found to be in compliance with
the requirements of this section.
(a) A tiedown assembly consists of the ground anchor component and
anchoring equipment. Anchoring equipment includes such components
as:
(1) a tie, which connects the ground anchor to the MH-unit;
(2) a tensioning device, such as a tumbuckle or a yoke-type fastener;
and
(3) fastening devices, such as an eye-bolt or a U-bolt-type cable
clamp.
(b) A tiedown assembly shall be designed to prevent self-disconnec-
tion. Open hook ends shall not be used in any part of the tiedown assem-
bly.
(c) Flat steel strapping used as a component of a tiedown assembly
shall comply with the specifications and testing methods of ASTM Stan-
Page 61
Register 2006, No. 52; 12-29-2006
§ 1336.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
dard D3953-91, "Standard Specification for Strapping, Flat Sieel and
Seals," which is hereby incorporated by reference.
(d) A ground anchor component designed for the connection of multi-
ple ties and the means for the attachment of the ties shall be capable of
resisting, without failure, the combined working load of the maximum
number of ties that can be attached to the anchor.
(e) A tiedown assembly shall be tested by applying an increasing test
load to the point of failure in order to determine the assembly's capacity
for resistance. A working load for the tiedown assembly shall be estab-
lished from the test results, which shall be two-thirds (2/3) of the amount
of resistance the tiedown assembly endured without failure.
(f) The tiedown assembly shall be tested while the ground anchor is
installed as recommended by the manufacturer.
(1 ) The type of soil in which the ground anchor is installed for the ap-
plication of a test load shall correspond to one of the classes of materials
shown in California Building Code, Table 18-1-A. The working load of
the listed tiedown assembly used in the calculations shall be for type 5
soil, also known as one-thousand (1 ,000) pound soil, consisting of clay,
sandy clay, silty clay and clayey silt, as classified in the California Build-
ing Code, Table 18-1-A.
(2) The test load shall be applied from the direction of the tie.
(g) Failure of the ground anchor component consists of the following
occurrences:
(1) The application of the test load results in an uplift of the ground an-
chor greater than two (2) inches or a side deflection of the ground anchor
greater than three (3) inches; or
(2) The ground anchor, including the means of attachment of the tie,
breaks, separates, or is deformed in a manner that threatens the integrity
of the tiedown assembly. A deformity that threatens the integrity of the
tiedown includes one that would allow the tie to separate from the ground
anchor or that would cause the tie to wear and break.
(h) Failure of a component of the anchoring equipment consists of the
following occurrences:
(1) The tie stretches to a length more than two (2) percent greater than
the length of the tie prior to the application of the test load; or
(2) A component of the anchoring equipment or the attachment point
to the MH-unit yields or fractures upon application of the test load; or
(3) A component of the anchoring equipment or the attachment point
of the MH-unit is deformed by the working load in a manner that is a
threat to the integrity of the tiedown assembly.
(i) The listing for the tiedown assembly shall include the following in-
formation:
(1) The model identification number of the tiedown assembly;
(2) The working load of the listed tiedown assembly used in the cal-
culations, shall be calculated for type 5 soil, also known as one-thousand
( 1 ,000)-psf soil, consisting of clay, sandy clay, silty clay and clayey silt,
as classified in the California Building Code, Table 18-1-A; and
(3) Installation instructions for the tiedown assembly, including the
manner in which the ground anchor component must be inserted into the
ground in order to maintain the working load for which the tiedown as-
sembly is rated. Such instructions include the angle at which the anchor
must be inserted and the angle at which the tie must be attached.
(j) The ground anchor component of a listed tiedown assembly shall
contain a permanent label that provides the manufacturer's name and the
listed model identification number of the tiedown assembly. The label
shall be located on the anchor in a place that it is visible after installation,
and the information shall be provided on the label in a manner that is easy
to read.
NOTE; Authority cited: Sections 18300, 18613 and 18613.4, Health and Safety
Code. Reference: Section 18613.4, Health and Safety Code.
History
1. New section filed 9-8-94 as an emergency; operative 9-19-94 (Register 94,
No. 36). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1-18-95 as an emergency; operative 1-17-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 -1 8-95 order transmitted to OAL 3-3 1 -95 and
filed 5-12-95 (Register 95, No. 19).
4. Amendment of section and NOTiE filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1336.2. Installation Requirements for a Tiedown System
Consisting of Listed Tiedown Assemblies.
The installation of a tiedown system consisting of listed tiedown as-
semblies shall comply with the requirements of this section.
(a) Unless otherwise specified in the MH-unit manufacturer's instal-
lation instructions, the nuinber of tiedown assemblies that must be
installed for each longitudinal side of an MH-unit shall be determined by
dividing the wind load calculated as required in section 1336 by the
working load of the listed tiedown assembly chosen for use.
(1 ) The quotient shall be rounded up to equal the number of listed tie-
down assemblies required for each longitudinal side.
(2) The working load of the listed tiedown assembly used in the cal-
culations shall be for type 5 soil, also known as one thousand
(l,000)-pound soil, consisting of clay, sandy clay, silty clay and clayey
silt, as classified in the California Building Code, Table 18-1-A.
(b) The number of tiedown assemblies required pursuant to subsection
(a) may be reduced to no less than two (2) under the following circum-
stances:
(1) If the MH-unit' s installation instructions provide for a reduction
in the number of tiedown assemblies and for the subsequent, concen-
trated amount of resistance at specific points on the MH-unit; and
(2) if engineered data is submitted to and approved by the enforcement
agency which substantiates a different class of materials constituting the
soil into which the anchor is to be inserted, as provided in the California
Building Code, Table 18-1-A.
(c) No less than two (2) tiedown assemblies shall be installed at each
end of each transportable section of the MH-unit. The working load of
the tiedown assemblies installed at each end of an MH-unit shall be the
same as the working load of the tiedown assemblies installed along each
of the longitudinal sides of the MH-unit.
(d) It is the responsibility of the contractor/installer to determine the
location of all underground utilities within the MH-unit' s lot, such as
gas, water, sewer, electrical or communications systems, and to avoid the
location of all underground utilities when choosing the specific location
for the insertion of each ground anchor. The location of each anchor shall
not violate the clearance requirements from underground utilities
adopted by the Public Utilities Commission in General Order 128, pur-
suant to section 768 of the Public Utilities Code.
(e) If the MH-unit manufacturer's installation instructions are avail-
able and provide for the installation of a tiedown system, listed tiedown
assemblies shall be installed as follows:
(1 ) The number of tiedown assemblies and the manner of attachment
and location of the attachment of the tiedown assemblies to the MH-unit
shall be as required by the installation instructions provided by the
manufacturer of the MH-unit and by subsection (c); and
(2) The listed tiedown assemblies shall be installed as required by their
listing and by subsections (a)(2), (h) and (j).
(0 If the installation instructions provided by the MH-unit' s manufac-
turer do not provide for the installation of a tiedown system or if the MH-
unit manufacturer's installation instructions are not available, all tie-
down assemblies shall be installed as required by their listing and by this
section.
(g) The required tiedown assemblies shall be spaced as evenly as prac-
ticable along the length of each side and end of the MH-unit, with no
more than two (2) feet of open-end spacing at any end of the MH-unit,
measuring from the point of the attachment of the tie to the MH-unit.
(h) No portion of the tiedown assembly shall extend above the ground
beyond the vertical plane of the side or end wall of the MH-unit.
•
Page 62
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1338
•
(i) A tie shall be wrapped around a main structural frame member and
shall not attach to a steel outrigger beam that fastens to and intersects a
main stmctural frame member.
(i) After the tie is connected with the MH-unit and to the ground an-
chor, the tie shall be drawn tight to eliminate all slack.
NOTE: Authority cited: Sections 18300, 18613 and 18613.4. Health and Safety
Code. Reference: Section 18613.4, Health and Safety Code.
History
1. New section filed 9-8-94 as an emergency; operative 9-19-94 (Register 94,
No. 36). A Certificate of Compliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1-1 8-95 as an emergency; operative 1-17-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
3. Certificate ofCompliance as to 1-18-95 order including amendment of subsec-
tions (b)(2) and (d) transmitted to OAL 3-31-95 and filed 5-12-95 (Resisier
95, No. 19).
4. Amendment of section and NOTC filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1336.3. Engineered Tiedown System.
An engineered tiedown system is a system designed by an engineer or
architect that complies with the requirements of this section and Health
and Safety Code section 18613.4.
(a) An engineered tiedown system shall allow an MH-unit to resist
wind loads of fifteen (15) pounds psf or the design wind load of the MH-
unit, whichever is greater.
(1) The engineered tiedown system shall provide the MH-unit with the
ability to resist wind loads against either side of the MH-unit and against
either end of the MH-unit.
(2) The engineered tiedown system shall maintain solid contact with
the ground while providing the MH-unit with the required resistance.
(b) An engineered tiedown system shall be designed by an engineer or
architect, who includes within the plans and specifications, a statement
that the system meets the requirements of subsection (a).
(c) The plans and specifications for an engineered tiedown system, in-
cluding installation instructions, shall contain an original engineer's or
architect's stamp and signature or shall have a standard plan approval is-
sued by the department.
NOTE: Authority cited: Sections 18300, 18613 and 18613.4, Health and Safety
Code. Reference: Section 18613.4, Health and Safety Code.
History
1. New section filed 9-8-94 as an emergency; operative 9-19-94 (Register 94,
No. 36). A Certificate ofCompliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1-1 8-95 as an emergency; operative 1-17-95 (Register95,
No. 3). A Certificate ofCompliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operafion of law on the following
day.
3. Certificate of Compliance as to 1-18-95 order including amendment of first
paragraph and subsection (a)(2) transmitted to OAL 3-31-95 and filed 5-12-95
(Register 95, No. 19).
4. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1336.4. Mechanical Connection of Concrete Piers or
Steel Piers.
NOTE: Authority cited: Sections 18300(a), 18613(e) and 18613.4, Health and
Safety Code. Reference: Section 18613.4, Health and Safety Code.
History
1. New section filed 9-8-94 as an emergency; operative 9-19-94 (Register 94,
No. 36). A Certificate ofCompliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New secUon refiled 1-18-95 as an emergency; operative 1-17-95 (Register 95,
No. 3). A Certificate ofCompliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1-18-95 order transmitted to OAL 3-31-95 and
filed 5-12-95 (Register 95, No. 19).
4. Renumbering of former section 1336.4 to new section 1334.1 filed 7-6-2004;
operative 7-6-2004 pursuant to Government Code section 1 1343.4 (Register
2004, No. 28).
§ 1336.5. Mechanical Connection of Concrete Block Piers.
NOTE: Authority cited: Sections 18300(a), 18613(e) and 18613.4, Health and
Safety Code. Reference: Secfion 18613.4, Health and Safety Code.
History
1. New section filed 9-8-94 as an emergency; operative 9-19-94 (Register 94,
No. 36). A Certificate ofCompliance must be transmitted to OAL by 1-17-95
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1-1 8-95 as an emergency; operative 1 -1 7-95 (Register 95,
No. 3). A Certificate ofCompliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
3. Certificate ofCompliance as to 1 -1 8-95 order transmitted to OAL 3-3 1 -95 and
filed 5-12-95 (Register 95, No. 19).
4. Renumbering of former section 1336.5 to new secfion 1334.2 filed 7-6-2004;
operative 7-6-2004 pursuant to Government Code section 1 1343.4 (Register
2004, No. 28).
§1337. Support Inspection.
At the time of inspection, the installation of the MH-unit on its support
system shall be complete and the area under the MH-unit shall be acces-
sible for inspection.
(a) Skirting shall not be installed until all underfloor installations have
been approved by the enforcement agency.
(b) Masonry walls shall not be installed until all underfloor installa-
tions have been approved by the enforcement agency, unless the installa-
tion of the masonry wall is required to provide perimeter support to the
MH-unit.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18613, Health and Safety Code.
History
1. Renumbering of former section 1350 to new secfion 1337, including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§1338. Roof Live Load.
(a) Except as provided in section 1338.1 ofthis article, every MH-unit
installed shall have the capacity to resist the applicable minimum roof
live load of the region in which it is installed as set forth in Table 1 338-1
or as is further provided by this section. Table 1338-1 shall apply except
where either greater or lesser snow loads have been established through
survey of the region, and approved by the department. Except as de-
scribed in Section 1338.1, below, at elevations above 4,000 ft., snow
loads established for residential buildings by local ordinance shall apply.
(1) Region I includes the following counties: Alameda, Butte, Colusa,
Contra Costa, Del Norte, Glenn, Humboldt, Imperial, Kings, Lake, Los
Angeles, Marin, Mendocino, Merced, Monterey, Napa, Orange, Sacra-
mento, San Benito, San Diego, San Francisco, San Joaquin, San Luis Ob-
ispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sono-
ma, Stanislaus, Sutter, Ventura, Yolo.
(2) Region II includes the following counties: Amador, Fresno, Inyo,
Kern, Modoc, Riverside, San Bernardino, Siskiyou.
(3) Region III includes the following counties: Alpine, Calaveras, El
Dorado, Lassen, Madera, Mariposa, Mono, Nevada, Placer, Plumas,
Shasta, Sierra, Tehama, Trinity, Tulare, Tuolumne, Yuba.
(b) When an application is submitted for a permit to install an MH-unit
manufactured prior to October 7, 1973, or an MH-unit with a designed
roof hve load less than that specified in Table 1338-1 and it is known the
MH-unit will be subjected to snow loads, the plans and specifications
shall include a method of protecting the MH-unit from snow loads that
is acceptable to the enforcement agency.
When approved by the enforcement agency, a ramada may be used to
protect an MH-unit which does not have the capacity to resist the mini-
mum roof live load for the region in which it is to be installed. The ramada
shall be designed to resist the minimum roof loads for the region in which
it is constructed and shall be constructed pursuant to the provisions of
section 1486.
(c) Parks that have received approval for a snow roof load maintenance
program prior to July 7, 2004, must continue the program on existing
Page 63
Register 2006, No. 52; 12-29-2006
§ 1338.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
installations. However, MH-units located in parks at or below 4,000 feet
in elevation installed after July 7, 2004, must have the capacity to resist
the applicable minimum roof live loads of the region in which it is
installed, as set forth in Table 1338-1.
(d) This section does not apply to MH-units installed prior to Septem-
ber 30, 1975.
(e) The park owner or operator shall maintain the snow roof load main-
tenance, program, as long as units in the park do not meet the minimum
roof loads for the area.
TABLE 1338-1
General Roof Live Load Requirements for MH-units
Region I
Elevation
Roof Live
Load Elevation
Region II
Re e ion III
Roof Live
Load
Elevation
Roof Live
Load
All
Elevations
20psf
0-3000 ft.
20psf
0-2000 ft.
20psf
3001-3500 ft.
30psf
2001-3000 ft.
30psf
3501-5000 ft.
60psf
3001-4000 ft.
60psf
NOTE: Authority cited: Seclions 18300, 18605 and 18613, Health and Safety
Code. Reference: Sections 18552, 18605 and 18613, Health and Safety Code.
History
1. Amendment of subsection (a) filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
3. Change without regulatory effect amending subsections (a) and (c) and Note
filed 2-2-2005 pursuant to secfion 100, title 1, California Code of Regulations
(Register 2005, No. 5).
4. Amendment of subsections (a) and (c). Table 1338-1 and NOTE filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
11343.4 (Register 2006, No. 52).
§ 1338.1. Roof Live Loads for Mobilehome Parks Located
Above 4000 Feet in Elevation.
(a) Notwithstanding the provisions of Section 1338, if an MH-unit
that is proposed to be installed within a mobilehome park located above
4,000 feet in elevation does not have the capacity to resist the minimum
snow loads as established for residential buildings by local ordinance, the
MH-unit may only be installed in a mobilehome park if all of the follow-
ing conditions apply:
(1) The park has and is operating a snow roof load maintenance pro-
gram approved by the enforcement agency;
(2) the MH-unit has the capacity to resist a roof live load of sixty (60)
pounds per square foot or greater;
(3) the installation complies with all other applicable requirements of
this chapter;
(4) the installation is approved by the enforcement agency; and
(5) the enforcement agency's approval of the snow roof load mainte-
nance program is shown on the mobilehome park's permit to operate.
(b) The operator of a mobilehome park located above 4,000 feet in
elevation may request and obtain approval from the enforcement agency
for a snow roof load maintenance program. The request for an approval
shall include, but not be limited to, the following information:
(1) The type of maintenance to be used to control snow accumulation;
(2) the capacity and capability of personnel and equipment proposed
to satisfactorily perform the snow roof load maintenance program; and
(3) an application for an amended permit to operate in accordance with
section 1014 of this chapter.
NOTE: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Sections 18552, 18605 and 18613, Health and Safety Code.
History
1 . Change without regulatory effect adopting new section filed 2-2-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 5).
2. Change without regulatory effect amending section filed 12-7-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 49).
3. Editorial correction removing subsection (d) (Register 2006, No. 19).
4. Amendment of section heading and subsections (a) and (b) filed 12-26-2006;
operative 1-2-2007 pursuant to Government Code section 11343.4 (Register
2006, No. 52).
§1338.5. Schoollmpact Fees.
(a) The first installation of an MH-unit on a lot in a park or an addition
of a lot to an existing park where the permit to constmct the lot was issued
after September 1, 1986, may be subject to the assessinentof a school im-
pact fee when school iiTipact fees are imposed by local school districts.
The requirements and procedures governing the impact fees are set forth
in Government Code sections 65995 and 65996 and Education Code sec-
tions 17620 through 17625.
(b) When the department is the enforcement agency, form HCD MP
502 inust be submitted to the department prior to inspection of an installa-
tion and issuance of a Manufactured Home or Mobilehome Installation
Acceptance or Certificate of Occupancy. TTie certification shall be
signed by an authorized representative of the school district or districts
and presented to the department prior to the issuance of an installation
acceptance certificate or certificate of occupancy.
NOTE: Authority cited: Section 18613, Health and Safety Code. Reference: Sec-
tion 65995. Government Code; and Sections 17620, 17621, 17622, 17623, 17624
and 17625, Education Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 1339. Compliance with Local Floodplain Management
Ordinances.
When the department is the enforcement agency, the applicant for a
permit to install or reinstall an MH-unit shall submit to the department,
along with the application for permit to construct, a completed Flood-
plain Ordinance Compliance Certification For Manufactured Home/Mo-
bilehome Installations, signed by an authorized representative of the lo-
cal floodplain management agency.
EXCEPTION: When the department has been officially notified by the local flood-
plain management agency that a specific park is not in a floodplain, a new form
is not required.
NOTE: Authority cited: Section 18613, Health and Safety Code. Reference: Sec-
tion 1 8300, Health and Safety Code; Sections 60.3 and 60.26, 44 CFR Parts 59 and
60; and and Executive Order B-39-77.
History
1 . New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1340. Horizontal Wind Loads.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18300, 18605, 18613, Health and Safety Code.
History
1. Repealer filed 9-8-94 as an emergency; operative 9-19-94 (Register 94, No.
36). A Certificate of Compliance must be transmitted to OAL by 1-17-95 or
emergency language will be repealed by operation of law on the following day.
2. Repealer refiled 1-18-95 as an emergency; operative 1-17-95 (Register 95,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-95
or emergency language will be repealed by operation of law on the following
day.
3 . Certi ficate of Compliance as to 1 - 1 8-95 order transmitted to OAL 3-3 1 -95 and
filed 5-12-95 (Register 95, No. 19).
§1342. Other Mobilehomes.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18613, Health and Safety Code.
History
1 . Renumbering of former section 1 342 to section 1335.5 filed 9-8-94 as an emer-
gency; operative 9-19-94 (Register 94, No. 36). A Certificate of Compliance
must be transmitted to OAL by 1-17-95 or emergency language will be re-
pealed by operation of law on the following day.
2. Renumbering of former section 1342 to secfion 1335.5 refiled 1-18-95 as an
emergency; operative 1-17-95 (Register 95, No. 3). A Certificate of Com-
pliance must be transmitted to OAL by 5-17-95 or emergency language will be
repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 95, No. 19).
4. Certificate of Compliance as to 1-1 8-95 order transmitted to OAL 3-31-95 and
filed 5-12-95 (Register 95, No. 19).
5. Editorial correction of section heading (Register 2005, No. 33).
§1344. Clearances.
A minimum clearance of eighteen (18) inches shall be maintained be-
tween the underside of the floor joists, and grade level of the lot and a
minimum clearance of twelve (12) inches shall be maintained between
Page 64
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1354
the main chassis beams of the MH-unit and grade level of the lot. A mini-
mum clearance of twelve (12) inches shall be maintained under all hori-
zontal structural members of a support structure.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18605 and 18613. Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1346. Skirting Design and Construction.
(a) Where the space beneath an MH-unit is enclosed, there shall be
provided a removable access panel opening a minimum of eighteen (1 8)
inches by twenty-four (24) inches unobstructed by pipes, ducts, or other
equipment that may impede access. The access panel shall not be fas-
tened by any means requiring the use of a special tool or device to remove
the panel.
(b) Cross ventilation shall be provided by openings having a net area
of not less than one and one-half (1 1/2) square feet for each twenty-five
(25) linear feet of the MH-unit and including all enclosed unventilated
structures such as porches. The openings shall be provided on at least the
two (2) opposite sides along the greatest length of the unit and shall be
installed as close to all the comers as practicable.
(c) When wood siding or equivalent home siding products are used as
underfloor enclosure material, the installation shall comply with the sid-
ing manufacturer installation instructions. Where siding manufacturer
installation instructions are not available, the installation shall conform
to the provisions of the California Building Code. All wood products
used in underfloor enclosure construction located closer than six (6) in-
ches to earth shall be treated wood or wood of natural resistance to decay.
Where located on concrete slabs placed on earth, wood shall be treated
wood or wood of natural resistance to decay.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18605 and 18613, Health and Safety Code.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§1348. Leveling.
After the installation is complete, the chassis and floor members of the
MH-unit shall be level.
Note: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Section 18613, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 11 343.4 (Register 2004, No. 28).
§ 1350. Support inspection.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18613, Health and Safety Code.
History
1. Renumbering of former section 1350 to new section 1337 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1352. Electrical Feeder Assembly.
(a) An MH-unit shall be connected to the lot service equipment by one
(1) of the following means:
(1) Listed power supply cord, approved for mobilehome use.
(2) Feeder assembly.
(b) An MH-unit with a calculated electrical load of 40-amperes or
50-amperes may be connected to the lot service equipment with a listed
power supply cord.
(c) The power supply cord shall bear the following markings:
"For mobilehome use - 40 amperes" or "For mobilehome use - 50 am-
peres" as appropriate.
Exception: An MH-unit, equipped with an existing power supply cord not listed
for MH-units may have its use continued, provided:
(1) The power supply cord used shall be listed: Type SO, ST, or STO.
(2) The power supply cord shall not be spliced.
(3) The male attachment plug shall conform to provisions of Article
550 or 551 of the California Electrical Code.
(d) An MH-unit, with a calculated load in excess of 50-amperes, shall
be connected to the lot service equipment by one (1) of the following:
(1) An MH-unit, equipped with an overhead service drop, shall be
connected by four (4) continuous, insulated conductors.
(2) An MH-unit equipped for an underfloor feeder assembly shall be
connected to the lot service equipment by means of a feeder assembly
consisting of four (4) continuous, insulated, color-coded, feeder conduc-
tors suitable for wet locations, installed in an approved conduit. Connec-
tion at the MH-unit shall be a flexible connection of at least thirty-six
(36) inches in length.
(3) Conductors for an overhead installation or conductors for an MH-
unit feeder assembly used for underfloor installation shall be sized as fol-
lows:
(A) Conductors shall be sized in accordance with the requirements of
the MH-unit manufacturer's approved installation instructions.
(B) If the manufacturer's installation instructions are not available, the
conductors shall be sized for the electrical load shown on the MH-unit
electrical label.
(C) In the absence of an electrical label on the MH-unit or the MH-
unit manufacturer's approved installation instructions, the conductors
shall be sized in accordance with the calculated load as determined by the
provisions of the California Electrical Code, Articles 1, 2, and 3.
(e) The feeder assembly shall be installed above ground to be kept
from direct contact with the earth.
(f) Only one (1) power supply connection to an MH-unit for each
dwelling unit shall be permitted. Where electrical service equipment is
provided as a part of an MH-unit, the power supply connection shall be
made in accordance with applicable provisions of the California Electri-
cal Code, Articles 1, 2, and 3.
(g) Power supply cords shall not be buried or encased in concrete,
(h) Feeder conductors shall be run in an approved rigid raceway if bu-
ried or encased in concrete.
NOTE: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Sections 18550 and 18613, Health and Safety Code.
History
1 . Relettering and amendment of former subsections (g)-(i) to subsections (0-(h)
filed 8-22-85; effective upon filing pursuant to Govemment Code Section
11346.2(d) (Register 85, No. 36).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Govemment
Code section 11 343.4 (Register 2004, No. 28).
3. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Govemment
Code section 11343.4 (Register 2005, No. 29).
4. Editorial correcfion of History 3 (Register 2005, No. 33).
§ 1 354. MH-Unit Gas Connector.
(a) Each MH-unit shall be connected to the lot outlet by an approved
flexible gas connector, listed for its intended use, not more than six (6)
feet in length and of adequate size to supply the MH-unit gas appliance
demand, as evidenced by the label on the MH-unit. In the absence of a
label, the MH-unit demand shall be determined by the California Plumb-
ing Code, Chapter 12.
(b) When the MH-unit gas system needs to be extended, the extension
must comply with National Manufactured Housing Construction and
Safety Standards. Verification of compliance will be completed at the
time of the installation inspection.
(c) Only one (1) gas supply connection to an MH-unit for each dwell-
ing unit shall be permitted.
NOTE: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Sections 18550 and 18613, Health and Safety Code.
History
1 . Amendment of subsection (a) and new subsection (d) filed 8-22-85; effective
upon filing pursuant to Government Code Section 1 1346.2(d) (Register 85, No.
36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Govemment Code secfion 1 1343.4 (Register 2004, No.
28).
Page 65
Register 2006, No. 52; 12-29-2006
§ 1356
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 1 356. MH-Unit Water Connector.
An MH-unit shall be connected to the lot water service outlet by a flex-
ible connector approved for potable water, or at least eighteen (J 8) inches
of soft copper tubing, not less than one-half (1/2) inch interior diameter.
NOTE: Authority cited: Section 18300. Health and Safety Code. Reference: Sec-
tions 185.S0. 18613 and and 18630, Health and Safety Code.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Resister 2004, No.
28).
§1358. Dram, Unit.
(a) An MH-unit shall be connected to the lot drain inlet by means of
a drain connector consisting of approved pipe not less than schedule 40,
with listed and approved fittings and connectors, and shall not be less in
size than the MH-unit drain outlet. A listed and approved flexible con-
nector shall be provided at the lot drain inlet end of the pipe.
(b) Drain connectors and fittings for recreational vehicles shall be
listed and approved for drain and waste.
(c) Recreational vehicles located in a park for more than three (3)
months, or units with pluinbing that are not self contained, shall have a
drain connector coinplying with subsection (a).
(d) All drain connectors and fittings shall be maintained with a grade
not less than one-eighth (1/8) inch per foot. A drain connector shall be
gas-tight and no longer than necessary to make the connection between
the unit's drain outlet and the drain inlet on the lot.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18613 and 18630, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1360. Air-Conditioning Installation.
(a) When an MH-unit has been previously equipped with a portable
air-conditioning appliance energized from the unit and is installed in a
new location, the air-conditioning equipment may be energized in the
same manner as originally installed, provided that it does not create a haz-
ard.
(b) When central air-conditioning equipment is to be installed in an
MH-unit, a permit to alter the MH-unit must be obtained from the De-
partment and shall be energized from the MH-unit.
(c) If the MH-unit does not have the additional capacity to supply the
air-conditioning equipment, it may be energized from the lot electrical
service, provided the park electrical system has the capacity to supply the
additional air-conditioning load and a permit to construct is obtained for
the alteration of the lot electrical service.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18613, 18670 and 18690, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1362. Installation Test.
(a) The potable water distribution system of the MH-unit and the sup-
ply connection shall show no evidence of leakage under normal operat-
ing pressures. If water at normal operating pressure is not available, the
water distribution system shall be tested by a fifty (50) psi air pressure
test for a period of not less than fifteen (15) minutes without leaking.
(b) The MH-unit drainage piping system shall be connected to the lot
drain inlet, and tested by allowing water to flow into all fixtures, and re-
ceptors, including the clothes washer standpipe, for a period of three (3)
minutes. If water under pressure is not available, the drainage piping sys-
tem shall be tested by letting at least three (3) gallons of water into each
fixture and receptor. There shall be no visible evidence of leaks.
(c) The MH-unit fuel gas piping system shall be tested before it is con-
nected to the lot gas outlet. The gas piping system shall be subjected to
a pressure test with all appliance shut-off valves, except those ahead of
fuel gas cooking appliances, in the open position. Appliance shut-off
valves ahead of fuel gas cooking appliances may be closed.
(1) The test shall consist of air pressure at not less than ten (10) inches
nor more than a maximum of fourteen ( 14) inches water column. (Six (6)
ounces to a maximum eight (8) ounces). The system shall be isolated
from the air pressure source and inaintain this pressure for not less than
two (2) minutes without perceptible leakage. Upon satisfactory coinple-
tion of the test, if the appliance valves ahead of fuel gas cooking ap-
pliances have been shut off, they shall be opened and the gas cooking ap-
pliance connectors tested with soapy water or bubble solution while
under the pressure reinaining in the piping system. Solutions used for
testing for leakage shall not contain corrosive chemicals. Pressures shall
be measured with either a manometer, slope gauge, or gauge calibrated
in either water inches or psi with increinents of either one-tenth (1/10)
inch or one-tenth (1/10) ounce, as applicable.
Note: The fuel-gas piping system shall not be over-pressurized. Pressurization
beyond the maximum specified may result in damage to valves, regulators, ap-
pliances, etc.
(2) Gas appliance vents shall be inspected to insure that they have not
been dislodged in transit and are securely connected to the appliance.
(d) The electrical wiring and power supply feeder asseinbly of the
MH-unit shall be tested for continuity and grounding. The electrical wir-
ing system shall not be energized during the test. An MH-unit equipped
with a power supply cord shall not be connected to the lot service equip-
ment. An MH-unit equipped with a feeder assembly shall have the flex-
ible metal conduit of the feeder assembly connected to the lot service
equipment; however, the supply conductors, including the neutral con-
ductor, shall not be connected.
(1) The continuity test shall be made with all interior branch circuit
switches or circuit breakers and all switches controlling individual out-
lets, fixtures and appliances in the "on" position. The test shall be made
by connecting one lead of the test instrument to the MH-unit grounding
conductor at the point of supply to the feeder assembly, and applying the
other lead to each of the supply conductors, including the neutral conduc-
tor. There shall be no evidence of any connection between any of the sup-
ply conductors and the grounding conductor. In addition, all noncurrent-
carrying metal parts of electrical equipment, including fixtures and
appliances, shall be tested to determine continuity between such equip-
ment and the equipment grounding conductor.
(2) Upon completion of the continuity test, the power supply cord or
feeder assembly shall be connected at the lot service equipment. A fur-
ther continuity test shall then be made between the grounding electrode
and the chassis of the MH-unit.
(3) If the final electrical connection has been approved by the enforce-
ment agency and electrical energy is available at the lot equipment, a po-
larity test shall be conducted with the MH-unit energized.
(e) When an MH-unit consists of two (2) or more sections, all utility
connections from one section to another shall be visually inspected and
included in the tests.
(f) Upon approval of the installation and satisfactory completion of the
gas and electrical tests, the lot equipment shall be approved for service
connection.
(g) When installed, fire sprinkler systems shall be hydrostatically
tested in accordance with Title 25, Chapter 3, Section 4320 reprinted be-
low:
(a) A fire sprinkler system installed during the manufacture of the
manufactured home or multi-unit manufactured housing with two dwell-
ing units must be hydrostatically tested both at the manufacturing facility
and at the home's installation site.
(1) The hydrostatic test performed at the manufacturing facihty:
A. must be conducted on the completely assembled system within any
one transportable section; and
B. must subject the system to 100 pounds per square inch (psi) hydro-
static pressure for not less than 2 hours without any loss of pressure or
leakage of water. Testing shall be performed in accordance with the ap-
plicable product standards.
(2) The person responsible for installing the manufactured home or
multi-unit manufactured housing with two dwelling units must hydro-
Page 66
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§ 1370.2
statically test the system again at the home's installation site with the wa-
ter supply available at the site for at least one hour without any evidence
of leakage.
A. The testing must be performed at a minimum of 50 psi; not to ex-
ceed 100 psi.
B. A representative of the enforcement agency must witness the lest
at the installation site during the same visit to the installation site to in-
spect the installation of the home or dwelling unit.
(b) A fire sprinkler system installed after the manufactured home or
multi-unit manufactured housing with two dwelling units is shipped
from the manufocturing facility must be hydrostatically tested at the
home's installation site.
(1) The person who installed the fire sprinkler system is responsible
for performing the test.
(2) A representative of the enforcement agency must witness the test.
(3) The installer must conduct the test on the completely assembled
system,
(4) The installer must conduct the test with the water supply available
at the home's site for a period of two hours without any evidence of leak-
age. The testing must be performed at a minimum of 50 psi; not to exceed
100 psi.
NOTE: Authority cited: Sections 1 8300 and 1 8613, Health and Safety Code. Ref-
erence: Section 18613, Health and Safety Code.
History
1 . Amendment of subsections (b) and (c) filed 8-22-85; effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1364. Approval Tags.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18613, 18670, 18690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1366. Statement of Mobilehome Installation Acceptance
or Certificate of Occupancy.
(a) A "Mobilehome Installation Acceptance" or "Certificate of Occu-
pancy" shall not be issued until it is determined that the MH-unit
installation complies with the provisions of this chapter. The enforce-
ment agency shall provide copies of the statement of MH-unit installa-
tion acceptance or certificate of occupancy for the MH-unit to the install-
er or other person holding the permit to install and the buyer or registered
owner or their representative. The M-H unit installation acceptance shall
be provided for MH-units installed pursuant to section 18551(b) or
18613 of the Health and Safety Code. The certificate of occupancy shall
be provided for MH-unit installed on foundation systems pursuant to
section 18551(a) of the Health and Safety Code.
(b) If the MH-unit is moved or relocated, the statement of MH-unit
installation acceptance or certificate of occupancy, shall become invalid.
NOTE: Authority cited: Sections 18300 and 18613, Health and Safety Code. Ref-
erence: Sections 18551 and 18613, Health and Safety Code.
HtSTORY
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1368. Requirements for Exit Doorways.
At the time of the MH-unit installation inspection, all exterior door-
ways of an MH-unit shall be provided with a porch, ramp and/or stairway
conforming with the provisions of article 9 of this chapter.
NOTE: Authority cited: Sections 18300 and 18552, Health and Safety Code. Ref-
erence: Sections 18552 and 18613, Health and Safety Code.
History
1 . Amendment filed 8-22-85: effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to GovemmenI Code section 1 1343.4 (Register 2004, No.
28^
Article 7.5. MH-Unit Earthquake-Resistant
Bracing Systems (ERBS)
§1370. Application and Scope.
(a) The provisions of this article relating to the certification of MH-
unit earthquake resistant bracing systems are applicable to all MH-unit
earthquake resistant bracing systems sold or offered for sale within the
State of California.
(b) The provisions of this article relating to the installation or rein-
stallation of an earthquake resistant bracing system required to be certi-
fied pursuant to this article, shall apply to a system installed or reinstalled
on or under an MH-unit.
(c) The requirements of this article shall not apply to an MH-unit
installed on a foundation system pursuant to section 1 855 1 of the Health
and Safety Code.
(d) Nothing in this article shall be construed as requiring the installa-
tion of earthquake resistant bracing systems on or under an MH-unit
sited either before or after the efi'ective date of this article.
NOTE: Authority cited: Sections 18613.5 and 18613.7, Health and Safety Code.
Reference: Sections 17003.5, 18300 and 18613.5, Health and Safety Code.
History
1 . New article 7.5 (sections 1370-1376, not consecutive) filed 8-22-85; effective
thirtieth day thereafter (Register 85, No. 36).
2. Amendment of subsection (a), new subsections (b) and (e), and relettering of
former subsections (b) and (c) to subsections (c) and (d) filed 3-12-90 as an
emergency; operative 3-12-90 (Register 90, No. 13). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 7-10-90.
3. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1-7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
4. Certificate of Compliance as to 7-9-90 order transmitted to OAL on 1 0-1 7-90;
disapproved by OAL on 1 1-16-90. Reinstatement of section as it existed prior
to emergency amendment filed 3-12-90 by operation of Government Code sec-
tion 11346.1(f) (Register 91, No. 2).
5. Amendment of section filed 1 1-26-90 as an emergency; operative 1 1-26-90
(Register 91, No. 2). A Certificate of Compliance must be transmitted to OAL
by 3-26-91 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
7. Amendment of article heading and section filed 7-6-2004; operative 7-6-2004
pursuant to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1370.2. Certification Required.
(a) It shall be unlawful for any person, firm, or business to sell or offer
for sale within this state, any earthquake resistant bracing system unless
the system is certified by the department as meeting the requirements of
this article.
(b) It shall be unlawful for any listing or testing agency to list as "ap-
proved" or authorize the use of its labels for any MH-unit earthquake re-
sistant bracing system until such system is certified by the department.
NOTE: Authority cited: Sections 18613.5 and 18613.7, Health and Safety Code.
Reference: Sections 17003.5, 18300 and 18613.5, Health and Safety Code.
History
1. Amendment of subsection (a), and repealer of subsections (c) and (d) filed
3-12-90 as an emergency; operative 3-12-90 (Register 90, No. 13). A Certifi-
cate of Compliance must be transmitted to OAL within 1 20 days or emergency
language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1-7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 7-9-90 order transmitted to OAL on 10-17-90;
disapproved by OAL on 1 1-16-90. Reinstatement of section as it existed prior
to emergency amendment filed 3-12-90 by operation of Government Code sec-
tion 11346.1(0 (Register 91, No. 2).
4. Amendment of section filed 1 1-26-90 as an emergency; operative 1 1-26-90
(Register 91 , No. 2). A Certificate of Compliance must be transmitted to OAL
Page 67
Register 2006, No. 52; 12-29-2006
§ 1370.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
by 3-26-91 oremergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
6. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1370.4. Enforcement and Penalties.
(a) The departmeni shall administer and enforce all the provisions of
this article. However, the penalties provided by this article shall not pre-
vent an aggrieved party from pursuing other remedies under any provi-
sion of law.
(b) In addition to the penalties provided for in section 18700 of the
Health and Safety Code, violation of any of the provisions of this article,
or the sale or offering for sale of a certified earthquake resistant bracing
system which does not conform to the certified plan for that design or sys-
tem model, shall be cause for cancellation of certification by the depart-
ment.
NOTE: Authority cited: Section 1 861 3.5, Health and Safety Code. Reference: Sec-
tions 17003.5, 18300, 18613.5 and 18700, Health and Safety Code.
History
1 . Amendment of subsection (b) filed 4-24-91 ; operative 4-24-91 (Register 91 ,
No. 24).
2. Editorial correction of History 1 (Register 96, No. 37).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§1370.6. Definitions.
NOTE: Authority cited: SecUon 1861 3.5, Health and Safety Code. Reference: Sec-
tion 18613.5, Health and Safety Code.
History
1. Amendment filed 3-12-90 as an emergency; operative 3-12-90 (Register 90,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operadve 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1-7-90 oremergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 7-9-90 order u-ansmitted toOALon 10-17-90;
disapproved by OAL on 1 1-16-90. Reinstatement of section as it existed prior
to emergency amendment filed 3-12-90 by operation of Government Code sec-
tion 1 1 346. 1 (f) (Register 9 1 , No. 2).
4. Amendment of section filed 11-26-90 as an emergency; operative 11-26-90
(Register 91, No. 2). A Certificate ofCompliance must be transmitted to OAL
by 3-26-91 oremergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
6. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
secfion 1 1343.4 (Register 2004, No. 28).
§ 1371. Construction and Design Requirements.
(a) ERBS shall be designed and constructed to resist seismic forces de-
termined in accordance with the provisions of Section 2312, Chapter 23,
Uniform Building Code, 1982 Edition.
(b) ERBS shall be designed to limit downward vertical movement of
a mobilehome or manufactured home to a maximum of two (2) inches.
(c) The ERBS manufacturer shall assure that each system sold or of-
fered for sale bears a permanently affixed label. The label shall have a
useful life of at least ten (10) years. The label shall provide, in a legible
manner, evidence of approval from a listing or testing agency and the
ERBS manufacturer's model name or number.
(d) If the ERBS consists of more than one bracing device, each individ-
ual device shall be labeled as required in subsection (c). For purposes of
this article, a device may consist of one or more parts which, when as-
sembled, forms an individual brace within an ERBS.
NOTE: Authority cited: Section 18613.5, Health and Safety Code. Reference: Sec-
tions 17003.5, 18300 and 18613.5, Health and Safety Code.
History
1. Amendment of subsection (c) and new subsection (d) filed 3-12-90 as an emer-
gency; operative 3-12-90 (Register 90, No. 13). A Certificate ofCompliance
must be transmitted to OAL within 120 days or emergency language will be re-
pealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1-7-90 oremergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 7-9-90 order transmitted to OAL on 10-1 7-90;
disapproved by OAL on 1 1-16-90. Reinstatement of secfion as it existed prior
to emersency amendment filed 3-12-90 by operation of Government Code sec-
fion 11346.1(0 (Register91, No. 2).
4. Amendment of subsection (c) and a new subsection (d) filed 1 1-26-90 as an
emergency; operafive 11-26-90 (Register 91, No. 2). A Certificate of Com-
pliance must be transmitted to OAL by 3-26-91 oremergency language will be
repealed by operation of law on the following day.
5. Editorial conecfion of HISTORY 4. (Register 91, No. 24).
6. CerUficate ofCompliance as to 1 1-26-91 order including amendment of sub-
sections (c) and (d) transmitted to OAL 3-25-91 and filed 4-24-91 (Resister
91, No. 24).
7. Amendment filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§1372. Certification Application.
(a) The person, firm or business applying for certification for an
ERBS, shall make application to the department on an Application for
Certification of Manufactured Home or Mobilehome Earthquake Resis-
tant Bracing System. This form is provided by the department.
(b) The person, firm or business shall also submit evidence that the
system has been submitted to and approved by a department-approved
listing or testing agency.
(c) Upon receipt of a complete application, the department shall re-
view the application to assure that the proposed system will comply with
the constniction and design requirements set forth in section 1371 and the
system has been approved by a department-approved testing or listing
agency.
If the department finds that the above requirements have been met and
the balance of any certification review fees due pursuant to section 1025
have been paid, the department shall certify the ERBS plans. An ap-
proved copy of the plans shall be returned to the manufacturer and a copy
shall be retained at the place of manufacture.
NOTE: Authority cited: Sections 18502.5 and 18613.5, Health and Safety Code.
Reference: Sections 18300, 18502.5 and 18613.5, Health and Safety Code.
History
1. Amendment of subsecfion (a), new subsection (b), renumbering of subsection
(a)(3) to subsecfion (c) and old subsection (b) to subsection (d) filed 4-24-91 ;
operafive 4-24-91 (Register 91, No. 24).
2. Change without regulatory effect amending subsections (a) and (b) and form
filed 2-5-92 pursuant to section 100, title 1, California Code of Regulations
(Register 92, No. 12).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1372.2. Plan Requirements.
(a) Plans submitted to the department for certification shall be on sub-
stantial paper or cloth, not less than eight and one-half (8 1/2) by eleven
(11) inches or multiples thereof but not exceeding twenty-five and one-
half (25 1/2) by thirty-six (36) inches.
(b) A plan shall include all pertinent items necessary for the design,
construction, and installation of the system, such as details of connec-
tions, dimensions, footings, general notes and the method of installation.
(c) A plan shall depict only one design or model of ERBS.
(d) A plan shall include the ERBS manufacturer's installation instruc-
tions which, when approved, may be copied for the purposes specified
in sections 1374.6 and 1374.7.
(e) Each page of the plan and each page of the ERBS manufacturer's
installation instructions shall provide a blank space not less than three (3)
inches by three (3) inches for the department's stamp of approval.
(f) Each page of the plan and each page of the ERBS manufacturer's
installation instructions shall be identified by the ERBS manufacturer's
name and the manufacturer's model name or number of the system to be
certified.
(g) The cover sheet of the ERBS manufacturer's installation instruc-
tions shall show the total number of pages which constitute the instruc-
tions.
Note: Authority cited: Secfions 18613.5 and 18613.7, Health and Safety Code.
Reference: SecUons 18300 and 18613.5, Health and Safety Code.
Page 68
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§ 1374.4
History
J. Amendment of subsections (d), (e) and (0, and new subsection (g) filed
3-1 2-90 as an emergency; operative 3-1 2-90 (Register 90, No. 1 3). A Certifi-
cate of Compliance must be transmitted to OAL within 120 days or emergency
language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Ceilificate of Compliance must be transmitted to OAL by
1 1 -7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 7-9-90 order transmitted to OAL on 10-17-90;
disapproved by OAL on 1 1-16-90. Reinstatement of section as ite.xisted prior
to emergency amendment filed 3-1 2-90 by operation of Government Code sec-
tion 11346.1(0 (Register 91, No. 2).
4. Amendment of subsections (d), (e) and (f) and new subsection (g) filed
1 1-26-90 as an emergency; operative 1 l-26-90(Register91,No. 2). ACertifi-
cate ofCompliance must be transmitted to OAL by 3-26-91 or emergency lan-
guage will be repealed by operation of law on the following day.
5. Editorial correction of HISTORY 4. (Register 91, No. 24).
6. Certificate ofCompliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
7. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1372.4. Certification Application Review and Notice of
Department Decision.
(a) Within ten (10) working days of the receipt of an appUcation and
plans, the department shall provide the applicant with written notice
whether the application is complete pursuant to section 1372 and accept-
able for filing. If the application is not complete, the notice shall specify
the information and/or documentation necessary to complete the applica-
tion. If the application is not complete, the notice, the application and the
accompanying documentation shall be returned to the applicant.
(b) Within sixty-seven (67) working days of the receipt of a complete
and acceptable application, the department shall review the application
and plans, and either issue a plan certification or provide the applicant
with written notice of the department's refusal to issue a plan certifica-
tion. The written notice of refusal shall specify the reason(s) why the plan
certification is not being issued.
(c) An application for plan certification shall be considered complete
and acceptable if it is in compliance with the provisions of section 1372
of this article.
(d) Should an applicant fail to submit a complete and acceptable ap-
plication and plan within ninety (90) days of the notice of rejection, the
application shall be deemed abandoned and all fees submitted pursuant
to section 1025 shall be forfeited to the department. Should an applicant
cancel the application for the plan certification prior to obtaining certifi-
cation, all fees submitted shall be forfeited to the department.
(e) A survey conducted pursuant to Government Code section 15376
of the department's performance determined the minimum, median, and
maximum elapsed time between receipt of a completed application for
plan certification and reaching a final decision; the results are as follows:
(1) Minimum: 10 working days
(2) Median: 1 2 working days
(3) Maximum: 67 working days.
NOTE: Authority cited: Sections 18502.5 and 18613.5, Health and Safety Code.
Reference: Sections 18300, 18502.5 and 18613.5, Health and Safety Code.
History
1 . Amendment of subsections (a), (b), and (c), renumbering of old subsection (c)
to subsection (d), and new subsections (c) and (e) filed 4-24-91; operative
4-24-91 (Register 91, No. 24).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 1372.6. Calculations and Test Procedures.
(a) The load-bearing capacity of elements or assemblies shall be es-
tablished by calculations in accordance with generally established prin-
ciples of engineering design. However, when the composition or config-
uration of elements, assemblies, or details of structural members is such
that calculations of their safe load-carrying capacity and basic structural
integrity cannot be accurately determined in accordance with generally
established principles of engineering design, structural properties of such
members or assemblies may be established by the results of tests accept-
able to the department.
If a manufacturer chooses to substantiate a design or method of
construction by tests, the manufacturer shall contact the department prior
lo performing the tests to obtain information on testing criteria. If a de-
partment representative is required to witness the tests, the manufacturer
shall be so nofified.
(b) When any structural design or method of construction is substan-
tiated by calculations and supporting data, such calculations and support-
ing data shall be signed by an architect or engineer and shall be submitted
to the departinent
(c) When the design of an earthquake resistant bracing system is sub-
stantiated by calculation or tests, all structural plans shall be signed by
an architect or engineer in charge of the total design.
(d) When any design or method of construction is substantiated by
tests, all test procedures and results shall be reviewed, evaluated, and
signed by an architect or engineer.
NOTE: Authority cited: Section 18613.5, Health and Safety Code. Reference: Sec-
tions 18300 and 18613.5, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion LI 343.4 (Register 2004, No. 28).
§1373. Expiration.
(a) Plans shall expire two (2) years from the date of department certifi-
cation.
(b) Certificafion of a design, which has not been changed since the
most recent plan certification, may be renewed by resubmission, in tripli-
cate, with all informafion required by section 1372, and renewal fees as
specified in secfion 1025 on or before the expiration date of the certifica-
tion.
NOTE: Authority cited: Sections 18502.5 and 18613.5, Health and Safety Code.
Reference: Secfions 18300, 18502.5 and 18613.5, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operafive 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§1374. Revisions of Certification.
(a) When an applicant proposes revisions of a certification which does
not change the structural system or method of construction of the system,
the applicant shall submit an applicafion in triplicate, three copies of the
revised plan and specifications, two copies of the revised design calcula-
tions, and a revision fee as specified in section 1025.
(b) Plans which have been returned to the applicant for correction shall
be resubmitted together with a resubmission fee and certification review
fee as specified in secfion 1025.
NOTE: Authority cited: Section 18613.5, Health and Safety Code. Reference: Sec-
tions 18300 and 18613.5, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§1374.2. Amended Regulations.
If substanfive amendments of the department's regulations require
changes to a certificafion, the department shall notify the applicant of
such changes and shall allow the applicant one hundred eighty (1 80) days
from the date of such nodfication in which to submit a revision. The revi-
sion proposal submitted pursuant to this section shall be submitted with
appropriate fees. A proposal submitted after the one hundred eighty ( 1 80)
day period of fime provided shall be processed as a new applicafion with
appropriate fees.
Note: Authority cited: Sections 18502.5 and 18613.5, Health and Safety Code.
Reference: Secfions 17003.5, 18300, 18502.5 and 18613.5, Health and Safety
Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§ 1374.4. Change of Ownership, Name or Address.
When there is a change of ownership, name or address of an earth-
quake resistant bracing system manufacturing business having depart-
Page 69
Register 2006, No. 52; 12-29-2006
§ 1374.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
merit certification, the manufacturer shall notify the department in writ-
ing within ten (10) days. The notification shall be accompanied by a
change in ownership, name or address fee pursuant to section 1 025 of this
article.
NOTE: Authority cited: Sections 18502.5 and 18613.5, Health and Safety Code.
Reference: Sections 18300, 18502.5 and 18613.5, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 28).
§1374.5. Permit Required.
(a) A permit shall be obtained from the enforcement agency prior to
installation or reinstallation of a certified earthquake resistant bracing
system on or under an MH-unit.
(b) When an earthquake resistant bracing system is installed at the time
of the MH-unit installation, separate permits shall be required for the
installation of the MH-unit and the earthquake resistant bracing system.
NOTE: Authority cited: Sections 1 8300 and 1 861 3.7, and Health and Safety Code.
Reference: Sections 18502.5 and 18613.7, Health and Safety Code.
History
1 . New section filed 3-12-90 as an emergency; operative 3-12-90 (Register 90,
No. 13). A Certificate of Comphance must be transmitted to OAL within 120
days or einergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90. No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1-7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 7-9-90 order transmitted to OAL on 10-17-90;
disapproved by OAL on 11-16-90. Repealed by operation of Government
Code section 11346.1(g) (Register 91, No. 2).
4. New section filed 1 l-26-90as an emergency; operative 1 1-26-90 (Register 91,
No. 2). A Certificate of Compliance must be transmitted to OAL by 3-26-91
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
6. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1374.6. Permit Application.
The person, firm, or business required to obtain a permit to install or
reinstall an earthquake resistant bracing system on or under an MH-unit
shall apply to the enforcement agency. Where the department is the en-
forcement agency, the application shall be made on form HCD 50 ERBS.
NOTE: Authority cited: Sections 1 8300 and 1 861 3.7, Health and Safety Code. Ref-
erence: Sections 18613, 18613.5 and 18613.7, Health and Safety Code.
History
1 . New section filed 3-1 2-90 as an emergency; operative 3-12-90 (Register 90,
No. 1 3). Certificate ofCompliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Comphance must be transmitted to OAL by
1 1-7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certi ficate of Compliance as to 7-9-90 order transmitted to OAL on 1 0- 1 7-90;
disapproved by OAL on 11-16-90. Repealed by operation of Government
Code section 11346.1(g) (Register 91, No. 2).
4. New section filed 1 1-26-90 as an emergency; operative 1 1 -26-90 (Register 9 1 ,
No. 2). A Certificate of Compliance must be transmitted to OAL by 3-26-91
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
6. Change without regulatory effect amending subsections (a) and (b) and form
filed 2-5-92 pursuant to section 100, title 1, California Code of Regulations
(Register 92, No. 12).
7. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1374.7. Installation Requirements.
(a) An MH-unit earthquake resistant bracing system may only be
installed by:
(1) The MH-unit registered owner; or
(2) A contractor as defined in Business and Professions Code section
7026. The contractor shall be licensed by the Contractors State License
Board, and provide proof of a current license, and current Workers' Com-
pensation Insurance coverage or certify to exemption from Workers'
Compensation Insurance.
(b) The permit shall be in the possession of the installer and available
to the enforcement agency during the installation of an earthquake resis-
tant bracing system.
(c) Installations of earthquake resistant bracing systems shall comply
with the ERBS manufacturer's installation instructions certified by the
department. Certified systems shall not be modified without recertifica-
tion by the department.
(d) The installer shall provide a copy of the ERBS manufacturer's
installation instructions to the registered owner of the MH-unit when the
installation is completed. The copy of the ERBS manufacturer's installa-
tion instructions must have been made from the original bearing the de-
partment's stamp of approval.
(e) The installer shall obtain the mobilehome park operator's written
approval prior to excavating for support or hold down footings and en-
dangering underground utilities. Park operator approval is not required
for installations that are entirely above ground or where excavation is not
required.
(f) Where the space beneath an MH-unit is enclosed, access to the un-
derfloor area shall be in accordance with section 1 346(a).
NOTE: Authority cited: Sections 1 8300 and 1 861 3.7, Health and Safety Code. Ref-
erence: Sections 18300 and 18613.7, Health and Safety Code, and Section 3800,
Labor Code.
History
1. New section filed 3-12-90 as an emergency; operative 3-12-90 (Register 90,
No. 13). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1 -7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 7-9-90 order transmitted to OAL on 10-1 7-90;
disapproved by OAL on 11-16-90. Repealed by operafion of Government
Code section 1 1346.1(g) (Register 91, No. 2).
4. New section filed 1 1-26-90 as an emergency; operative 1 1-26-90 (Register 91 ,
No. 2). A Certificate ofCompliance must be transmitted to OAL by 3-26-91
or emergency language will be repealed by operation of law on the following
day.
5. Certificate ofCompliance as to 1 1-26-90 order including amendment of sub-
sections (e) and (f) transmitted to OAL 3-25-91 and filed 4-24-91 (Register
91, No. 24).
6. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1375. Inspections.
(a) The department may conduct inspections to determine compliance
with the approved certification.
(b) The enforcement agency shall conduct an inspection of each certi-
fied earthquake resistant bracing system, installed or reinstalled on or un-
der an MH-unit.
(c) Should inspection by an enforcement agency other than the depart-
ment reveal that a manufacturer is manufacturing systems which do not
conform to the department's certification, the enforcement agency shall,
within ten (10) days of the inspection, notify the department in writing.
The written notification shall include:
(1) The ERBS manufacturer's name.
(2) The model name and/or identifying number.
(3) The MH-unit' s registered owner's name and address where the
system was installed.
(4) A brief description of the facts constituting the earthquake resistant
bracing system's noncompliance with the department's certification.
(d) Upon receiving a correction notice of noncompliance with depart-
ment certification from a local enforcement agency, or upon obtaining
such information by inspection, the department shall provide written no-
tification of noncompliance requiring correction within thirty (30) days,
or at a later date as determined by the department, to the manufacturer.
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Title 25
Mobilehome Parks and Installations
§1377
•
The department shall also send an informational copy of the ERBS
manufacturer's notification of noncompliance to the listing or testing
agency that investigated and listed the system. The ERBS manufacturer
shall apply for reinspection in accordance with section 1375.2.
(e) Where the ERBS manufacturer, after having been notified of the
violation, fails to comply with the order to correct, or continues to
manufacture systems in violation of the certification, the department's
certification shall be revoked.
(f) If, as a finding of inspection, the installation of an earthquake resis-
tant bracing system is found to be in violation of the ERBS manufactur-
er's installation instructions and/or plan, the enforcement agency shall
provide the installer with a written correction notice of the violation re-
quiring correction within thirty (30) days or at a later date as determined
by the enforcement agency. The written notice shall also require the in-
staller to make application to the enforcement agency for reinspection
upon correction of the violations. The installer shall apply for reinspec-
tion in accordance with section 1375.2.
NOTE: Authority cited: Sections 18613.5 and 18613.7, Health and Safety Code.
Reference: Sections 18300, 18613.5 and 18613.7, Health and Safety Code.
History
1. Amendment filed 3-12-90 as aii emergency; operative 3-12-90 (Register 90,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1 -7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 7-9-90 order transmitted to OAL on 1 0-1 7-90;
disapproved by OAL on 1 1-16-90. Reinstatement of section as it existed prior
to emergency amendment filed 3-12-90 by operation of Government Code sec-
tion 11346.1(f) (Register 91, No. 2).
4. Amendment of subsection (b), renumbering of old subsection (b) to subsection
(c), and new subsections (b) and (d) filed 1 1-26-90 as an emergency; operative
1 1 -26-90 (Register 9 1 , No. 2). A Certificate of Compliance must be transmitted
to OAL by 3-26-91 or emergency language will be repealed by operation of law
on the following day.
5. Editorial correction of HISTORY 4. (Register 91, No. 24).
6. Certificate of Compliance as to 1 1-26-90 order transmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
7. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 1375.2. Required Correction and Reinspection.
(a) Any ERBS manufacturer issued a notice of violation pursuant to
section 1375, shall take appropriate action to eliminate the violations and
conform to the department's certification within thirty (30) days or at a
later date as set forth in the notice of violation. Upon correction of the
violations, the ERBS-manufacturer shall apply to the department for re-
inspection. The application shall be accompanied by the reinspection fee
specified in section 1025.
(b) Any person, firm or business having installed an earthquake resis-
tant bracing system certified by the department, who is issued a notice of
violation pursuant to section 1375, shall take appropriate action to elimi-
nate the violations and conform to the ERBS manufacturer's installation
instructions within thirty (30) days or at a later date as set forth in the no-
tice of violation. Upon correction of the violations, the installer shall ap-
ply to the enforcement agency for reinspection.
NOTE; Authority cited: Secdons 18300and 18613.7, Health and Safety Code. Ref-
erence: Sections 18300 and 18613.7, Health and Safety Code.
History
1. New secfion filed 3-12-90 as an emergency; operative 3-12-90 (Register 90,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1 -7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 7-9-90 order transmitted to OAL on 1 0-1 7-90;
disapproved by OAL on 11-16-90. Repealed by operation of Government
Code section 11346.1(g) (Register 91, No. 2).
4. New section filed 11-26-90 as an emergency; operative 11 -26-90 (Register 91,
No. 2). A Certificate of Compliance must be transmitted to OAL by 3-26-91
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-26-90 order u-ansmitted to OAL 3-25-91
and filed 4-24-91 (Register 91, No. 24).
6. Change without regulatory effect amending subsections (a) and (b) and adopt-
ing new form filed 2-5-92 pursuant to section 100, title 1, California Code of
Regulations (Register 92, No. 12).
7. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1376. Fees.
NOTE: Authority cited: Sections 18502.5. 1861 3.5 and 18613.7, Health and Safety
Code. Reference: Sections 18300, 18502.5, 18613.5 and 18613.7, Health and
Safety Code.
History
1. Amendment of subsections (f) and (g), and new subsection (h) filed 3-12-90
as an emergency; operative 3-12-90 (Register 90, No. 13). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency lan-
guage will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1-7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 7-9-90 order transmitted to OAL on 1 0-1 7-90;
disapproved by OAL on 1 1-1 6-90. Reinstatement of section as it existed prior
to emereency amendment filed 3-1 2-90 by operation of Government Code sec-
tion 11346.1(f).
4. Amendment of subsections (f) and (g), and new subsection (h) filed 1 1-26-90
as an emergency; operative 1 1-26-90 (Register 91, No. 2). A Certificate of
Compliance must be transmitted to OAL by 3-26-91 or emergency language
will be repealed by operation of law on the following day.
5. Editorial correction of HISTORIES 3. and 4. (Register 91, No. 24).
6. Certificate of Compliance as to 1 1-26-90 order including amendment of sub-
sections (b), (c), (d) and (e) transmitted to OAL 3-25-91 ; filed 4-24-91 (Regis-
ter 91, No. 24).
7. Renumbering of former section 1376 to new section 1025 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1377. Permit Application Review and Notice of
Department Decision.
(a) Within one (1) working day of the receipt of an application to install
an earthquake resistant bracing system, the department shall provide the
applicant with written notice whether the application is complete pur-
suant to section 1374.6 and acceptable for filing. If the application is not
complete, the notice shall specify the information and/or documentation
necessary to complete the application. If the application is not complete,
the notice, the application and the accompanying documentation shall be
returned to the applicant.
(b) Within seventeen (17) working days of the receipt of a complete
and acceptable application, the department shall issue a permit or shall
provide the applicant with written notice of the department's refusal to
issue a permit. The written notice of refusal shall specify the reasons why
the permit may not be issued.
(c) An application for a permit to install an earthquake resistant brac-
ing system shall be considered complete and acceptable if it is in com-
pliance with the provisions of section 1374.6 of this article.
(d) Should the applicant fail to submit a complete and acceptable ap-
plication within ninety (90) days of the notice of rejection, the application
shall be deemed abandoned and all fees submitted pursuant to section
1025 shall be forfeited to the department. Should an applicant cancel the
application for the permit to install a manufactured home or mobilehome
earthquake resistant bracing system, all fees submitted shall be forfeited
to the department.
(e) The estimated minimum, median, and maximum elapsed time be-
tween receipt of a completed application for a permit to install an earth-
quake resistant bracing system and reaching a final decision are as fol-
lows:
(1) Minimum one (1) working day
(2) Median two (2) working days
(3) Maximum seventeen (17) working days
(f)(1) The applicant may request and shall be granted an informal ad-
ministrafive hearing for a timely resolution of any dispute arising from
a violation of the time periods within which the department must process
Page 71
Register 2006, No. 52; 12-29-2006
§ 1380
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
this application. Such request may be made to the Secretary of the Busi-
ness, Transportation, and Housing Agency and or the director of the de-
partment or his or her duly authorized representative. Tlie request shall
be a written petition requesting a hearing which sets forth a brief state-
ment of the grounds therefor.
(2) Upon receipt of the written petition, the department shall set a time
and place for the hearing and shall give the petitioner at least ten (1 0) days
written notice. The hearing shall commence no later than thirty (30) days
after the day on which the petition was filed except that, upon application
or concurrence of the petitioner, the department may postpone the date
of the hearing for a reasonable time beyond the thirty (30)-day period,
if in its judgment the petitioner has submitted or the department has a
good and sufficient reason for the postponement. Should petitioner fail
to appear at the scheduled time and place of the hearing, the department
may dismiss the petition without further action or take other action as
may be appropriate.
(3) Upon conclusion of the hearing, either the Secretary of the Busi-
ness, Transportation, and Housing Agency or the director of the depart-
ment, or his or her duly authorized representative, shall notify the peti-
tioner in writing of the decision in the matter and the reasons therefor,
within forty-five (45) days.
(4) The petition shall be decided in the applicant's favor, if the depart-
ment has exceeded the established maximum time period of issuance or
denial of the permit and the department has failed to establish good cause
for exceeding the time period.
(5) If the petition is decided in the applicant's favor, the applicant shall
receive full reimbursement of any and all filing fees paid to the depart-
ment.
NOTE; Authority cited: Sections 18502.5 and 18613.7, Health and Safety Code,
and Section 15376, Government Code. Reference: Sections 18300, 18502.5 and
18613.7, Health and Safety Code, and Section 15376, Government Code.
History
1. New section filed 3-12-90 as an emergency; operative 3-12-90 (Register 90,
No. 13). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-10-90.
2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register
90, No. 35). A Certificate of Compliance must be transmitted to OAL by
1 1 -7-90 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 7-9-90 order transmitted to OAL on 10-17-90;
disapproved by OAL on 11-16-90. Repealed by operation of Government
Code section 1 1346.1(g) (Register 91, No. 2).
4. New section filed 11-26-90 as an emergency; operative 1 1-26-90 (Register91,
No. 2). A Certificate ofCompliance must be transmitted to OAL by 3-26-91
or emergency language will be repealed by operation of law on the following
day.
5. Certificate ofCompliance as to 1 1-26-90 order including amendment of sub-
sections (a), (b), (e) and (0 transmitted to OAL 3-25-91 and filed 4-24-91
(Register 91, No. 24).
6. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Article 8. Permanent Buildings and
Commercial Modulars
§1380. Authority.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18620, 18630, 18670, 18690, Health and Safety Code.
History
1 . Amendment of article heading and repealer of secfion filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1382. Application and Scope.
(a) The requirements of this article shall apply to the construction, al-
teration, repair, use, maintenance, and occupancy of permanent build-
ings and commercial modulars in parks. The provisions of this article re-
lating to permanent buildings and commercial modulars in parks do not
apply to accessory buildings or structures or building components estab-
lished for use of an occupant of a unit. The department shall administer
and enforce all of the provisions of this article relating to permanent
buildings and commercial modulars in parks except in a city, county, or
city and county, which has assumed responsibility for enforcement of Di-
vision 13, Part 2.1 of the Health and Safety Code and this chapter.
(b) Existing construction, connections, and installations of plumbing,
electrical, fuel gas, fire protection, within permanent buildings or com-
mercial modulars in parks, made before the effective date of the require-
ments of this chapter, may continue in use so long as they were in com-
pliance with requirements in effect at the date of their installation and are
not found to be substandard.
NOTE: Authority cited: Secfion 18300. Health and Safety Code. Reference: Sec-
fions 18300, 18620, 18630, 18670 and 18690, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code secfion 11343.4 (Register 2004, No. 28).
§ 1384. Local Regulations.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8300, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
secfion 1 1343.4 (Register 2004, No. 28).
§ 1386. Standard Plan Approval, Permanent Buildings.
NOTE: Authority cited: Secfion 18300. Health and Safety Code. Reference: Sec-
tion 18300, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1388. Construction of Permanent Buildings.
(a) Design and construction requirements for permanent buildings in
parks are contained in the California Building Code.
(b) The requirements for electrical wiring, fixtures, and equipment
installed in permanent buildings in parks are contained in the California
Electrical Code.
(c)The requirements for fuel gas equipment and installations installed
in permanent buildings in parks are contained in the California Mechani-
cal Code.
(d) The requirements for plumbing in permanent buildings in parks are
contained in the California Plumbing Code.
(e) The requirements for fire protection equipment and installations in
all permanent buildings are contained in the applicable requirements of
the California Building Code.
(f) The energy conservation requirements for all permanent buildings
which contain conditioned space are contained in the energy conserva-
tion standards for new non-residential buildings contained in the Califor-
nia Energy Code.
NOTE: Authority cited: Secfion 1 8300, Health and Safety Code. Reference: Sec-
tions 18620, 18630, 18670, 18690 and 18691, Health and Safety Code.
History
1. Amendment filed 5-26-87; operative 6-25-87 (Register 87, No. 23).
2. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code secfion 11343.4 (Register 2004, No.
28).
§ 1390. Electrical Regulations.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18670, Health and Safety Code.
History
1. Amendment filed 5-26-87; operafive 6-25-87 (Register 87, No. 23).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1392. Mechanical and Fuel Gas Equipment and
Installations.
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fion 18690, Health and Safety Code.
History
1. Amendment filed 5-26-87; operative 6-25-87 (Register 87, No. 23).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
•
Page 72
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Title 25
Mobilehome Parks and Installations
§1428
•
§1394. Plumbing Regulations.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18620 18630, Health and Safety Code.
History
i. Amendment filed 5-26-87; operative 6-25-87 (Register 87, No. 23).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1396. Fire Protection Equipment.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18620, 18691. Health and Safety Code.
HfSTORY
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1398. Energy Conservation Standards.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18620, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1399. Commercial Modular Requirements.
(a) The applicant for a permit to install a commercial modular in a park
in lieu of a permanent building shall submit a request for an alternate ap-
proval to the department in accordance with section 1016. The request
for alternate approval shall be accompanied by evidence of compliance
with section 1032 of this chapter.
(b) A commercial modular installed in a park shall bear an insignia of
approval issued by the department in accordance with Health and Safety
Code section 18026.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18620 and 18305, Health and Safety Code.
History
1. Renumbering of former section 1400 to new section 1399, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1400. Commercial Coach Use.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18620, 18305, Health and Safety Code.
History
1. Renumbering of former section 1400 to new section 1399 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
Article 9.
Accessory Buildings and
Structures
§1420. Authority.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18300, 18552, 18610, 18620, Health and Safety Code.
History
1 . Amendment of article heading and repealer of section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1422. Application and Scope.
(a) Except as otherwise noted, the requirements of this article shall ap-
ply to the construction, use, maintenance, and occupancy of accessory
buildings or structures and building components constructed or installed
adjacent to units both within and outside of parks.
(b) Accessory buildings or structures or building components that are
constructed and maintained in accordance with those statutes and regula-
tions which were in effect on the date of original construction, are not
subject to the requirements of subsequent regulations. An accessory
building or structure or building component that is moved to a different
location shall be subject to the permit to construct requirements of this
chapter. Any alterations or additions must comply with the current provi-
sions of this chapter.
(c) No accessory structure may be attached to or be supported by an
MH-unit if the manufacturer's installation instructions prohibit attach-
ment or transmission of loads to the unit or require freestanding struc-
tures.
(d) When the manufacturer's installation instructions are not avail-
able, accessory structures with a roof live load greater than ten (10) psf
shall be freestanding. An existing awning or carport, exceeding ten (10)
psf that was previously supported by the unit, may be reinstalled at the
time of MH-unit installation.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18254 and 18552, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1424. Regulated Structures.
(a) Accessory buildings or structures or building components which
do not comply with this article or are deemed to be unsafe by the enforce-
ment agency shall not be allowed, constructed, or occupied.
(b) A permit shall be obtained from the enforcement agency to
construct or install an accessory building or structure as required by Ar-
ticle 1 of this chapter, unless specifically exempted in section 1018 of this
chapter.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18500 and 18552, Health and Safety Code.
History
1. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1 343.4 (Register 2004, No. 28).
§1426. Responsibility.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18400, 18401, 18500, 18552, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1428. Location.
(a) In parks, accessory buildings or structures, or any part thereof, on
a lot shall maintain the following setbacks from lot lines:
(1) When constructed of noncombustible materials:
(A) may be up to the lot line, provided a minimum three (3)-foot clear-
ance is maintained from any other unit, accessory building or structure,
or building component on adjacent lots.
(2) When constructed of combustible materials:
(A) a minimum three (3)-foot clearance from all lot lines, and
(B) a minimum six (6)-foot clearance from any other unit, accessory
buildings or structures, or building components on adjacent lots
constructed of combustible materials.
(b) Cabanas shall meet the location requirements for units, as refer-
enced in section 1330 of this chapter.
(c) Location requirements governing private garages and storage
buildings are contained in section 1443.
(d) Stairways with landings not to exceed twelve (12) square feet may
be installed to the lot line provided they are located a minimum of three
(3) feet from any unit, or accessory building or structure, including anoth-
er stairway, on an adjacent lot. However, if the stairway is an up-and-
over design (steps up the front and down the back) that provides access
to the lot beyond the stairway, it does not need to maintain the separation
from a unit or accessory building or structure, including another stair-
way, on an adjacent lot.
(e) Fencing of any material, that meets the requirements of section
1514 of this article, may be installed up to a lot line.
(f) No portion of an accessory building or structure, or building com-
ponent shall project over or beyond a lot line.
(g) Any accessory building or structure, or building component may
be installed up to a lot li ne bordering a roadway or common area provided
there is no combustible building or structure in the common area within
six (6) feet and no building or structure of any kind within three (3) feet
of any portion of the accessory building or structure, or building compo-
nent. The maximum seventy-five percent (75%) lot coverage allowed by
section 1 1 10 of this chapter shall be maintained.
Page 73
Register 2006, No. 52; 12-29-2006
§1429
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(h) Wood awning or carport support posts four (4) inches or greater in
nominal tiiickness may be located up to a lot line provided the remainder
of the awning or carport is composed of noncombustible material.
NOTE: Authority cited: Sections 1 8300 and 18610, Health and Safety Code. Ref-
erence: Sections 18552 and 18610, Health and Safety Code.
History
1. Amendment filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of subsection (d) and new subsection (h) filed 7-22-2005; opera-
tive 7-22-2005 pursuant to Government Code section 1 1 343.4 (Register 2005,
No. 29).
3. Edilorial conection of Hlstory 2 (Register 2005, No. 33).
4. Amendment of subsections (d) and (g) and amendment of Note filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§1429. Required Exits.
(a) An enclosed accessory building or structure or building component
may be constructed or installed to enclose an emergency exit window
from a sleeping room within a unit provided the enclosed area adjacent
to the emergency exit window has a door not less than twenty-eight (28)
inches in width and seventy-four (74) inches in height providing direct
access to the outside.
(b) An accessory building or structure which encloses a required exit
doorway from an MH-unit shall have an exit path and exit that does not
violate the exit facilities requirements for the manufactured home, as
contained in the Manufactured Home Construction and Safety Stan-
dards, 24CFR, Part 3280.105.
NOTE: Authority cited: Sections 18029 and 1 8300. Health and Safety Code. Ref-
erence: Sections 1 8029, 18552 and 18610, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
2. Amendment of section and Note filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§1430. Occupied Area.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1432. Construction.
(a) Construction and installation of accessory buildings or structures
or building components shall comply with the structural requirements for
permanent buildings, except as otherwise provided by this article. The
enforcement agency may that require accessory buildings and structures
or building components be designed and constructed to withstand live
loads, vertical uplift or horizontal forces from any direction in excess of
the minimum loads specified in this chapter, based on local geologic, to-
pographic, or climatic conditions, when approved by the department.
(b) Accessory buildings and structures constructed of aluminum or
aluminum alloy shall be designed to conform to the specifications con-
tained in the California Building Code, Chapter 20.
(c) Unless data to substantiate the use of higher values is submitted to
the enforcement agency, the allowable loading of accessory buildings or
structures or building components on the soil shall not exceed one thou-
sand (1,000) psf vertical soil bearing pressure, one hundred fifty (150)
psf of depth lateral soil bearing pressure, and one hundred sixty-seven
(167) psf frictional resistance for uncased cast-in-place concrete piles.
NOTE: Authority cited: Section 18300, Health as Safety Code. Reference: Sec-
tions 18552 and 18620, Health and Safety Code.
History
1 . Amendrnent of section and Note filed 7-6-2004; operafi ve 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1433. Roof Live Load.
(a) Except as provided in section 1443.1 of this article, every cabana
installed on or after July 31 , 1976, or every accessory building or struc-
ture or building component installed on or after June 10, 1979, shall have
the capacity to resist the applicable minimum snow load of the region in
which it is installed or as is provided by this section.
Note: An accessory structure located beneath another accessory structure (e.g.,
a porch which is located beneath an awning) is excluded from the snow load re-
quirements of this section when the overlying accessory structure meets the re-
quirements of this section.
TABLE 1433-1
General Roof Live Load Requirements for
Accessory Buildings or Structures and
Building Components
Region III
Roof Live
Elevation Loud
Region I Region U
Roof Live Roof Live
Elevation Load Elevation Load
All
Elevations 20 psf 0-3000 ft 20 psf 0-2000 ft 20 psf
3001-3500 ft 30 psf 2001-3000 ft 30 psf
3501-5000 ft 60 psf 3001-4000 ft 60 psf
Table 1433-1 shall apply except where either greater or lesser snow
loads have been established through survey of the region, and approved
by the department.
(1) Region I includes the following counties:
Alameda, Butte, Colusa, Contra Costa, Del Norte, Glenn, Humboldt,
Imperial, Kings, Lake, Los Angeles, Marin, Mendocino, Merced, Mon-
terey, Napa, Orange, Sacramento, San Benito, San Diego, San Francisco,
San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara,
Santa Cruz, Solano, Sonoma, Stanislaus, Sutter, Ventura, Yolo.
(2) Region II includes the following counties:
Amador, Fresno, Inyo, Kern, Modoc, Riverside, San Bernardino, Sis-
kiyou.
(3) Region III includes the following counties:
Alpine, Calaveras, El Dorado, Lassen, Madera, Mariposa, Mono, Ne-
vada, Placer, Plumas, Shasta, Sierra, Tehama, Trinity, Tulare, Tuo-
lumne, Yuba.
(b) Parks that have received approval for a snow roof load mainte-
nance program prior to July 7, 2004, shall maintain the snow roof load
maintenance program, as long as accessory buildings or structures, or
building components in the park do not meet the minimum roof loads for
the area. Accessory buildings or structures or building components
installed after July 7, 2004, must have the capacity to resist the applicable
minimum roof live loads of the region in which it is installed, as set forth
in Table 1433-1.
(c)The park owner or operator shall be responsible for the continued
management of an existing snow roof load maintenance program ap-
proved for the park.
(d) Roof live load requirements shall not apply to storage cabinets.
(e) Accessory buildings or structures or building components may be
relocated from one park to another and reinstalled under permit within
another park provided the requirements for roof live load in the new park
are not greater than the requirements of the park in which the accessory
building or structure or building component was previously installed.
NOTE: Authority cited: Sections 18300 and 18610, Health and Safety Code. Ref-
erence: Section 18552, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsection (a), Table 1433-1, subsection (b) and Note filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§ 1433.1. Accessory Building or Structure Roof Live Loads
in Parl(s Located Above 4,000 Feet in
Elevation.
(a) Notwithstanding the provisions of Section 1433, if an accessory
building or structure that is proposed to be installed within a mobilehome
park located above 4,000 feet in elevation does not have the capacity to
resist the minimum snow loads as established for residential buildings by
local ordinance, the accessory building or structure may only be installed
in a mobilehome park if all of the following conditions apply:
Page 74
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1443
(1) The park has and is operating a snow roof load maintenance pro-
gram approved by the enforcement agency;
(2) the accessory building or structure has the capacity to resist a roof
hve load of sixty (60) pounds per square foot (pst)or greater;
(3) the installation complies with all other applicable requirements of
this chapter;
(4) the installation is approved by the enforcement agency; and
(5) the enforcement agency's approval of the snow roof load mainte-
nance program is shown on the mobilehome park's permit to operate.
Note: An accessory structure located beneath another accessory structure (e.g.,
a porch which is located beneath an awning) is excluded horn the snow load re-
quirements of this section when the overlying accessory structure meets the re-
quirements of this section.
(b) The operator of a mobilehome park located above 4,000 feet in
elevation may request and obtain approval from the enforcement agency
for a snow roof load maintenance program. The request for an approval
shall include, but not be limited to, the following information:
(1) The type of maintenance to be used to control snow accumulation;
(2) the capacity and capability of personnel and equipment proposed
to satisfactorily perform the snow roof load maintenance program; and
(3) an application for an amended permit to operate in accordance with
section 1014 of this chapter.
NOTE: Authority cited: Sections 18300 and 18610, Health and Safety Code. Ref-
erence: Section 18552, Health and Safety Code.
History
1. New section filed 12-26-2006; operative 1-2-2007 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 52). For prior history, see Register
2005, No. 49.
§ 1434. Calculations and Test Procedures.
(a) The load bearing capacity of elements or assemblies shall be estab-
lished by calculations in accordance with generally established prin-
ciples of engineering design. However, when the composition or config-
uration of elements, assemblies or details of structural members are such
that calculations of their safe load-carrying capacity and basic structural
integrity cannot be accurately determined in accordance with generally
established principles of engineering design, staictural properties of such
elements or assemblies may be established by the results of tests that are
designed and certified by an architect or engineer, with the test results ap-
proved by the department.
(b) When any structural design or method of construction is substan-
tiated by calculations and supporting data, the calculations and support-
ing data shall be approved by an architect or engineer and shall be sub-
mitted to the department.
(c) When the design of accessory structures is substantiated by cal-
culations or tests, all structural plans shall be approved by the architect
or engineer in charge of the total design.
(d) When any design or method of construction is substantiated by
tests, all of these tests shall be performed by an approved testing agency
acceptable to the department or shall be directed, witnessed, and eva-
luated by an independent architect or engineer. All test procedures and
results shall be reviewed, evaluated, and signed by an architect or engi-
neer. The approved testing agency, architect, or engineer shall submit the
evaluation of test results, calculations, and recommendations, to the de-
partment. The department may require that a representative of the depart-
ment witness the test.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1436. Electrical Installations.
(a) Electrical equipment and installations within an accessory building
or structure or building component and the circuit supplying power shall
be installed by a permanent wiring method and shall comply with the re-
quirements for electrical installations of this chapter.
(b) Flexible cord shall not be used to supply an accessory building or
structure or building component, or as a substitute for the fixed wiring of
an accessory building or structure or building component.
(c) Unless otherwise specified by this article, electrical service pro-
vided to an accessory building or structure or building component may
be supplied by either of the following:
(1) from the lot service equipment, provided:
(A) a permit is obtained to alter the lot electrical service by installing
a separate overcurrent protective device rated not more than the total cal-
culated electrical load, and
(B) the lot service equipment is capable of supplying the additional
load, and
(C) the overcurrent protective device and its installation complies with
the California Electrical Code.
(2) from an MH-unit provided:
(A) the MH-unit is capable of supplying the additional load, and
(B) a permit to alter the MH-unit' s electrical system, substantiated
with load calculations, is obtained from the department pursuant to the
California Code of Regulations, Title 25, Division 1 , Chapter 3.
NOTE: Authority cited: Section 18300. Health and Safety Code. Reference: Sec-
tions 18029, 18552 and 18670, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1438. Mechanicallnstallations.
Requirements for heating, ventilating, comfort cooling systems, re-
lated equipment, and fireplaces constructed or installed in, or in conjunc-
tion with, accessory buildings or structures or building components are
contained in the California Mechanical Code.
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18630 and 18690, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section ] 1343.4 (Register 2004, No. 28).
§1440. Plumbing.
(a) The requirements for fuel gas piping, plumbing systems, and
equipment installed in accessory buildings or structures or building com-
ponents are contained in the California Plumbing Code, except as other-
wise specified in this article.
(b) A unit directly connected to the water distribution system of a park
shall be connected with piping and fittings listed and approved for that
purpose. Flexible hose shall not be used as a substitute for water piping
or connections.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18554 and 18630, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 11343.4 (Register 2004, No. 28).
§ 1442. Foam Building System Flammability Standards.
The requirements of Title 25, California Code of Regulations, Chapter
1 , Subchapter 1, Article 4, section 24 shall apply to the use of any foam
plastic or foam plastic building system used in the construction of acces-
sory buildings or structures.
Note: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18691, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1443. Private Garages and Storage Buildings.
(a) A private garage or storage building may be located immediately
adjacent to a unit if the garage or storage building wall adjacent to the unit
is constructed of materials approved for one (1) hour fire-resistant
construction. If there are openings which are not one (1) hour fire-rated
in the unit wall adjacent to the garage or storage building wall, a mini-
mum of three (3) feet of separation shall be maintained. A minimum of
six (6) feet of separation shall be maintained between the unit and a pri-
vate garage or storage building which does not meet the requirements for
one (1) hour fire-resistant construction.
Page 75
Register 2006, No. 52; 12-29-2006
§1444
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) A three (3) foot separation shall be maintained from a private ga-
rage or storage building and any lot line which does not border on a road-
way.
(c) Garages shall be designed and constructed as freestanding stmc-
tures. They shall not be attached to or supported by an MH-unit; howev-
er, to provide a weather seal, flashing or sealing materials may be affixed
between the garage and the MH-unit.
NOTE: Authority cited: Section IS.'^OO, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
2. Amendment of subsection (a) and new subsection (c) filed 7-22-2005; opera-
tive 7-22-2005 pursuant to Government Code section 1 1 343.4 (Register 2005,
No. 29).
3. Editorial correction of HlSTORY 2 (Register 2005, No. 33).
§ 1444. Cabana Permitted.
A cabana may be constmcted, occupied, and maintained on a lot only
as an accessory structure to a unit located on the same lot. A cabana shall
not be erected, constructed, occupied or maintained on a lot as an acces-
sory structure to a inotor home, tent trailer, or slide-in or truck-mounted
camper.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1446. Cabana — Design and Construction.
A cabana shall be designed and constructed as a freestanding structure.
A cabana shall not be attached to a unit. However to provide a weather
seal, flashing or sealing materials may be affixed between the cabana and
the unit. The design and construction requirements applicable to cabanas
are contained in the California Building Code, except as otherwise pro-
vided in this article.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1448. Cabana — Dimensions.
(a) A cabana shall have a minimum ceiling height of seven feet from
the finished floor to the finished ceiling, or, if there is no finished ceiling,
to the bottom of the roof supports, except:
(1) a cabana must maintain a minimum ceiling height equal to the ceil-
ing height of the unit for at least fifty (50) percent of the cabana;
(2) if the ceiling or roof is sloped, the minimum ceiling height is re-
quired for not less than one-half (1/2) of the sloping ceiling area. No por-
tion of any room having a ceiling height of less than five (5) feet shall be
considered as contributing to the minimum area required by this section.
(b) Cabana habitable room dimension requirements:
(1) A habitable room created by the construction of a cabana shall not
be less than seven (7) feet in any horizontal dimension, and
(2) shall have a superficial floor area of not less than seventy (70)
square feet, excluding a private toilet and bath compartment or storage
area.
(3) For purposes of this subsection, horizontal dimension require-
ments for rooms created by the construction of a cabana may include ex-
isting space within the unit.
NotE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18630, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 1450. Cabana-Support System.
(a) Cabanas may be installed using a support systein in lieu of continu-
ous footings. Girders shall be designed and constructed to evenly distrib-
ute the loads carried to the footings.
(b) Support systems shall comply with the apphcable requirements of
section 1334.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Governiiien't Code section 1 1343.4 (Register 2004, No.
28).
2. Editorial coirection of section heading (Register 2005, No. 33).
§1452. Cabana— Floors.
Where a concrete floor on grade is used, it shall have a thickness of not
less than three-and-one-half (3 1/2) inches. The surface of a concrete
floor shall not be less than two and one-half (2 1/2) inches above the adja-
cent grade. Wood sills shall not be less than six (6) inches from adjacent
earth. A wood floor may be laid directly on a waterproofed concrete slab.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1454. Cabana — Weather Protection.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1456. Cabana— Exits.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 11343.4 (Register 2004, No. 28).
§ 1 458. Cabana — Light and Ventilation.
(a) Each habitable room shall have an aggregate window area of not
less than ten (10) percent of the gross floor area, or ten (10) square feet,
whichever is greater. When the cabana encloses windows of the
manufactured home or mobilehome, park trailer, or travel trailer required
for light and ventilation, the window area of the cabana shall be not less
than twenty (20) percent of the gross floor area of the cabana.
(b) A bathroom, toilet room, or service room shall have an aggregate
window area of not less than three (3) square feet, except where an ap-
proved mechanical ventilation system is provided. When a service or
storage room does not enclose or obstruct a window of the manufactured
home or mobilehome, park trailer, or travel trailer, no additional window
area is required.
(c) Where ventilafion of a room is by natural means, openings such as
windows, skylights, grilles or gravity vents shall have a minimum net
free cross-sectional area opening to the outer air equal to five (5) percent
of gross floor area.
(d) Required windows of a cabana shall open to an open space, either
directly or through a porch or awning having a minimum clear height of
not less than six (6) feet two (2) inches. Such porch or awning shall be
at least fifty (50) percent open on the side opposite the windows.
(e) For bathrooms, toilet rooms or service rooms, where the net free
cross-sectional area of available natural ventilation is less than five (5)
percent of the gross floor area, an approved system of mechanical ven-
tilation and artificial light may be used in lieu of required natural light and
ventilation.
(f) Where mechanical ventilation is installed, it shall be capable of pro-
ducing two (2) air changes per hour with not less than one-fifth (1/5) of
the air supply taken from outside the cabana, except that in bathrooms,
toilet rooms or service rooms, the mechanical ventilation system, con-
nected directly to the outside, shall be capable of providing five (5) air
changes per hour.
Page 76
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1470
NOTE: Authority cited: Section 18300, Healtii and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 1460. Cabana — Electrical Installations.
(a) The requirements for electrical installations in cabanas shall com-
ply with the California Electrical Code.
(b) Each cabana shall be provided with not less than one (1 ) branch cir-
cuit complying with section 1436 of this chapter.
(c) When electrical heating equipment or other fixed appliances are
installed in a cabana, the cabana shall be provided with not less than two
branch circuits.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18670, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 1462. Cabana — Cooking Facilities.
Cooking appliances or facilities shall not be installed or used in a ca-
bana.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§1464. Cabana — Energy Standards.
The energy requirements for cabanas shall comply with the following:
(a) For cabanas with a total floor area of 600 square feet or less, the
apphcable minimum requirements in the "Mandatory Measures Check-
list: Residential, MF-IR" dated August 2001, which is incorporated by
reference, or as thereafter amended by the Commission, as set forth in the
"Residential Manual for Compliance with California's 2001 Energy Ef-
ficiency Standards", to the extent applicable to construction materials,
appliances or fixtures within the cabana.
Exception: "Cool Roof material shall not be required for cabana construction.
(b) For cabanas with a total floor area of more than 600 square feet, the
minimum requirements in the California Energy Code as applicable to
residential dwellings for the zone in which the cabana will be located, to
the extent applicable to construction materials, appliances, or fixtures
within the cabana.
EXCEPTION: "Cool Roof material shall not be required for cabana construction.
(c) The enforcement agency may develop and use or provide as in-
formational guidelines energy standard charts implementing or specify-
ing the California Energy Code requirements which are otherwise used
for construction within the jurisdiction of the enforcement agency.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of Hjstory 2 (Register 2005, No. 33).
§1466. Awning— Permitted.
An awning may be erected, constructed, or maintained only as an ac-
cessory structure to a unit located on the same lot.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1468. Awning — Design and Construction.
(a) An awning and its structural parts, except cloth, canvas, or similar
flexible materials, shall be designed, constructed, and erected to ade-
quately support all dead loads plus a minimum vertical live load of ten
(10) psf except that snow loads shall be used where snow loads exceed
this minimum. Requirements for the design of awnings necessary to re-
sist minimum horizontal wind pressure are contained in the California
Building Code Appendix Chapter 31.
(b) The following awnings shall be completely freestanding;
( 1 ) awnings with a roof structure dead load weight of more than six (6)
psf;
(2) awnings exceeding twelve (12) feet in width (projection) as mea-
sured from the wall of the MH-unit to the outer edge of the awning roof;
and
(3) awnings required to be designed and constructed for live loads in
excess of ten (10) psf.
(c) Flashing or sealing materials may be used to provide a weather seal
between a freestanding awning and a unit. No separation is required be-
tween a freestanding awning and an attached awning located on the same
lot.
(d) Notwithstanding the provisions of subsection (b), an awning
installed in an area with a roof live load not to exceed 20 psf with a dead
load not to exceed six and one-hal f (6 1 12) psf may be attached to an MH-
unit provided all of the following apply:
(1) the MH-unit was manufactured after September 15, 1971, and
bears a department insignia of approval or a HUD label of approval; and
(2) it is provided with continuous perimeter support under the rim joist
below the wall for the entire length of the awning or as a perimeter sup-
port system designed in accordance with the California Building Code
and
(3) it is secured to the sidewall, excluding eaves and overhangs.
(e) Awnings with a roof structure dead load weight of one (1) psf or
less, do not require perimeter supports on the MH-unit wall at the point
of attachment unless the MH-unit installation instructions require perim-
eter wall supports because of the additional load.
(f) All awnings on lots occupied by recreational vehicles shall be free-
standing and shall not transmit any loads to the recreational vehicle ex-
cept for cloth or canvas or similar flexible material.
(g) When unit manufacturers' installation instructions prohibit the at-
tachment or transmission of loads to the unit, the awning or carport shall
be freestanding.
(h) Combustible material used in awnings shall not be installed within
three (3) feet of the lot hne pursuant to section 1428 of this chapter. How-
ever, wooden support posts, installed in accordance with section
1428(h), may be located up to a lot line.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
2. Amendment of subsections (d), (d)(2) and (h) filed 7-22-2005; operative
7-22-2005 pursuant to Government Code section 1 1343.4 (Register 2005, No.
29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§1470. Awning — Dimensions.
(a) A freestanding awning is not limited as to width or length, except
that the total occupied area of a lot, including all accessory building or
structures, shall not exceed seventy-five (75) percent of the lot area in
accordance with section 1 1 10 of this chapter.
(b) A window awning shall not project more than forty-two (42) in-
ches from the exterior wall of the unit. Window and door awnings shall
not extend more than six (6) inches horizontally beyond either side of a
window or door and shall meet the location requirements of section 1428.
(c) The minimum clear height of any awning shall not be less than six
(6) feet two (2) inches.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
Page 77
Register 2006, No. 52; 12-29-2006
§1472
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§1472. Awning — Foundations.
Concrete slabs less than three and one-half (3 1/2) inches thick may
be considered to have an allowable load bearing capacity of three-
hundred-fifty (350) pounds per column. The enforcement agency may
accept a loading not to exceed five-hundred (500) pounds per column,
provided the slab is not less than three and one-half (3 1/2) inches thick
and in good condition. The weight of individual poured concrete footings
shall be one and one-half (1 1/2) times the calculated uplift force. The
weight of concrete shall be assumed to be not more than one hundred for-
ty-five (145) pounds-per-cubic-foot.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1.343.4 (Register 2004, No. 28).
§1474. Awning — Enclosures.
(a) Awning enclosures shall be used only for recreational or outdoor
living purposes and shall not be used as carports or storage rooms nor
shall they be constructed or converted for use as a habitable room or a ca-
bana.
(b) Combustible material used for awning enclosures shall not be
installed within three (3) feet of the lot line pursuant to section 1428 of
this chapter.
(c) Awnings may be enclosed or partially enclosed as follows:
(1) With insect screening or removable flexible plastic material. Aw-
ning drop or side curtains shall not be permanently fastened at the sides
or bottom. (A permit to construct is not required.)
(2) With rigid, readily removable transparent, or translucent materials.
(3) Awnings may be partially enclosed with solid, opaque panels, pro-
vided the panels do not exceed fifty (50) percent of the total wall area.
(4) Awnings may be completely enclosed with solid material, pro-
vided that fifty (50) percent of the total wall area is translucent or trans-
parent material, of which twenty-five (25) percent of the total wall area
shall be able to be opened for ventilation. Exiting requirements shall meet
the requirements for a cabana.
(d) Where an awning is erected or constructed immediately adjacent
to or over a permanently constructed retaining wall of fire resistant mate-
rial, there shall be not less than eighteen (18) inches clear ventilating
opening between the underside of the awning roof and the top of the wall
extending the full length of the awning.
(e) An awning shall not be enclosed unless the enclosure is designed
and constructed as a freestanding structure or unless the awning is de-
signed and constructed to withstand the additional forces imposed by the
enclosure.
(f) The construction requirements for awning enclosures are contained
in the California Building Code, Appendix Chapter 31.
(g) Heating or cooking appliances or facilities shall not be installed or
used within an awning enclosure.
(h) Drop ceilings may be supported by the MH-unit provided the com-
bined weight of the ceiling and the awning complies with section
1468(d).
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18532 and 18610, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1476. Carport and Awning — Location.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1478. Carport— Permitted.
(a) A carport may be constructed or maintained on a lot only as an ac-
cessory structure to a unit located on the same lot.
(b) A freestanding carport, or a common freestanding carport for the
use of the occupants of adjacent lots, may be erected on a lot line, pro-
vided that such a carport is constructed of material which does not sup-
port combustion, and provided that there is a minimum of three (3) feet
clearance from any unit or any other structure on the adjacent lots. Such
freestanding carports may be connected to a unit or other accessory
building or structure by an open covered walkway not exceeding six (6)
feet in width.
(c) A carport shall be designed and constructed in accordance with the
stnictural requirements for awnings as specified in section 1468.
(d) A carport shall conform to the dimensions specified in section 1 470
for awnings.
(e) At least two (2) sides or one (1) side and one (1) end of a carport
shall be maintained at least fifty (50) percent open and unobstructed at
all times.
(1) A carport which is partially enclosed shall be designed and
constructed to withstand the additional lateral forces imposed by such an
enclosure as required for awning enclosures.
(2) Where a carport is constructed immediately adjacent to or over a
permanently constructed retaining wall of fire resistant material, there
shall not be less than eighteen (18) inches clear ventilating opening be-
tween the underside of the carport roof and the top of the wall extending
the full length of the carport.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1480. Carport — Design and Construction.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1482. Carport — Dimensions.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1484. Carport — Enclosures.
NotE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1486. Ramada— Permitted.
(a) A ramada may be erected, constructed, or maintained on a lot only
as an accessory to a unit located on the same lot.
(b) A ramada shall be designed and constructed as a freestanding, self-
supporting structure meeting the structural requirements for cabanas as
specified in section 1446.
(c) A ramada shall not be enclosed or partially enclosed on any side
or end, except that the sides may be enclosed when the ramada roof is
continuous with the roof of a cabana constructed on the sides of the unit.
(d) A ramada or any portion thereof shall have a clearance of not less
than eighteen (1 8) inches in a vertical direction above any plumbing vent
extending through the roof of a unit and not less than six (6) inches in a
horizontal direction from each side of a unit.
(e) A minimum of two (2) ventilating openings shall be installed at the
highest point in the ramada roof to eliminate the buildup of products from
vents or ducts. Vent openings shall be located near the ends of the ramada
for cross-ventilation and shall have a minimum cross-sectional area of
twenty-eight (28) square inches. Chimneys or vents of fuel burning ap-
pliances shall extend through the ramada roof surface and shall terminate
in an approved roof jack and cap installed in accordance with the ap-
pliance listing and the manufacturer's installation instructions.
Page 78
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1508
•
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, 18690 and 18610, Health and Safety Code.
History
1 . Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1488. Ramada — Location.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004: operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1490. Ramada — Design and Construction.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8552, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1492. Ramada — Enclosure Prohibited.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 11343.4 (Register 2004, No. 28).
§1494. Ramada— Roof Venting.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1496. Porches — Required Exit Facilities.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 11343.4 (Register 2004, No. 28).
§ 1498. Landing, Porch and Stairway — Design and
Construction.
(a) Requirements for the design and construction of all stnjcturai ele-
ments of porches and stairways and railings are contained in the Califor-
nia Building Code, except as otherwise provided by this article. Live
loads applicable to porch floors and stairways shall be not less than forty
(40) psf. Porches shall be designed and constructed as completely free-
standing, self-supporting structures. Except as otherwise provided in
this article, stairways and ramps shall be a minimum of thirty-six (36)
inches in width.
(b) Where a door of the MH-unit swings outward:
( 1 ) the floor of the exterior landing or porch shall be not more than one
(1) inch lower than the bottom of the door; and
(2) the width and depth of the exterior landing or porch serving stairs
perpendicular to any outswinging door opening shall comply with sub-
section (a) of this section and shall not be less than the full width of the
door when open at least ninety (90) degrees. Guard rails shall permit the
door to open at least ninety (90) degrees.
(c) The exit stairway for a door opening on the carport side, when nec-
essary for vehicle access, shall be not less than twenty-eight (28) inches
or the full clear width of the door opening, whichever is greater, when the
stairs are parallel to the MH-unit.
(d) Where the MH-unit door swings inward or is a sliding door, the
landing, porch, or top step of the stairway may not be more than seven
and one-half (71/2) inches below the door. The width of the landing,
porch, or top step of the stairway shall comply both with subsection (a)
of this section and not be less than the width of the door opening. A land-
ing or porch is not required when the stairway has a straight run up to the
door opening.
(e) The stairway may be capable of being relocated and need not be
secured to the lot.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
2. Amendment filed 7-22-2005: operative 7-22-2005 pursuant to Government
Code section 1 1 343.4 (Register 2005. No. 29).
3. Editorial coirection of History 2 (Register 2005, No. 33).
4. Amendment of subsections (a) and (b)(2)-(d) filed 12-26-2006; operative
1-2-2007 pursuant to Government Code section 11 343.4 (Register 2006, No.
52).
§ 1500. Porch and Stairway Support System.
(a) Porches inay be supported on piers in lieu of continuous footings.
Individual piers shall be designed and constructed to evenly distribute the
loads carried to the footings.
(b) Support footings shall comply with the requirements of either sec-
tion 1 334 of this chapter or the California Building Code.
NOTE: Authority cited: Section 1 300, Health and Safety Code. Reference: Section
18552, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1502. Porch— Guardrails.
Guardrails shall be provided around the perimeter of porches and
decks which are thirty (30) inches or more above grade. The require-
ments for porches and guardrails are contained in the California Building
Code, except as otherwise provided in this chapter.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1504. Stairway — Handrails.
(a) Every stairway with four (4) or more risers, or stairways exceeding
thirty (30) inches in height, shall be equipped with handrails and inter-
mediate rails for the entire length of the handrail.
(b) Handrails with a circular cross-section shall have an outside diam-
eter of at least one and one-quarter ( 1 .25) inches and not greater than two
(2) inches or shall provide equivalent grasping ability. If the handrail is
not circular, it shall have a perimeter dimension of at least four (4) inches
and not greater than six and one-quarter (6.25) inches with a maximum
vertical cross-section dimension of two and one-quarter (2.25) inches.
Edges shall have a minimuin radius of one-hundredth (0.01) inch.
(c) The requirements for stairways and handrails are contained in the
California Building Code, except as otherwise provided in this chapter.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 12-26-2006; operative 1-2-2007 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 52).
§ 1506. Ramps and Handrails.
When a ramp and handrail are to be constructed in place of a stairway,
the requirements for the design and construction of the ramp and handrail
are contained in the California Building Code.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1508. Storage Cabinets— Number Permitted.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18552, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
Page 78.1
Register 2006, No. 52; 12-29-2006
§1510
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 1 51 0. Storage Cabinets.
(a) A storage cabinet may be located immediately adjacent to a unit on
the same lot, provided all of the following conditions are met:
(1 ) The required exits and openings for light and ventilation of the unit,
cabana, or building component are not obstaicted; and
(2) The location does not prevent service or inspection of the unit's or
lot's equipment or utility connections; and
(3) The separation requirements from structures on adjacent lots, con-
tained in section 1428 of this chapter, are maintained.
(b) A storage cabinet shall not be used as a habitable staicture. or any
part of a habitable structure.
(c) A storage cabinet shall not exceed ten (10) feet in height.
(d) The total, combined floor area of all storage cabinets on a lot shall
not exceed one hundred twenty (120) square feet.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
]. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 28).
§ 1512. Storage Cabinets — Dimensions.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1514. Fence Height and Location.
(a) A fence located on a lot shall not exceed six (6) feet in height.
(b) A fence exceeding forty-two (42) inches in height, parallel to a unit
or habitable accessory building or structure or building component, shall
not be located closer than three (3) feet to that unit, habitable accessory
building or structure, or building component.
[The next page is 79.]
Page 78.2
Register 2006, No. 52; 12-29-2006
Title 25
Mobilehome Parks and Installations
§1605
NOTE: Aulhority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. Amendment of section heading and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
2. Repealer of subsection (c) filed 7-22-2005; operative 7-22-2005 pursuant to
Government Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 1 51 6. Fence or Windbreak — Location.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18610. Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1518. Standard Plan Approval.
(a) A standard plan approval may be obtained from the department for
a plan for accessory buildings or structures. Department-approved plans
shall be accepted by the enforcement agency as approved for the purpose
of obtaining a construction permit when the design loads are consistent
with the requirements for the locality and the provisions of this chapter.
(b) Requirements regarding the procedure to obtain a standard plan ap-
proval are contained in section 1020.9 of this chapter.
(c) Plan check fees shall not be required for an accessory building or
structure when a standard plan approval has been obtained from the de-
partment.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18502 and 18552, Health and Safety Code.
History
1. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§1520. Building Components.
(a) When a building component is installed on a lot for the use of the
occupants of a unit, the installation of the building component requires
that a permit be obtained in accordance with section 1020.3.
(b) The requirements for the construction of building components are
contained in the California Code of Regulations, Title 25, Division 1,
Chapter 3, sections 3020 through 3073, 3081, and 3082.
NOTE: Authority cited: Sections 18300 and 18552, Health and Safety Code. Ref-
erence: Sections 18500, 18552, 19967 and 19971, Health and Safety Code.
History
1. Amendment of section heading, section and Note filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
Article 10. Violations, Complaints,
Abatement, and Hearings
§ 1600. Application and Scope.
(a) The substandard conditions and abatement requirements contained
in this article shall apply to parks, permanent buildings or structures in
parks, units, accessory buildings or structures, and building components
wherever they are located both within and outside of parks in all parts of
the state.
(b) Existing construction, connections, and installations made before
the effective date of the requirements of this chapter may continue in use
so long as they were in compliance with requirements in effect at the date
of their installation and are not found to be substandard.
NOTE: Authority cited: Sections 18300, 18605 and 18610, Health and Safety
Code. Reference: Sections 18300, 18404, 18605 and 18610, Health and Safety
Code.
History
1 . Repealer and new section filed 8-22-85; effective upon filing pursuant to Gov-
ernment Code Section 11 346.2(d) (Register 85, No. 36).
2. Repealer and new article heading and section and amendment of Note filed
7-6-2004; operative 7-6-2004 pursuant to Government Code section 1 1343.4
(Register 2004, No. 28).
3. Amendment of article 10 heading filed 12-29-2005; operative 1-1-2006 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 52).
§1602. Application and Scope.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18300, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§1604. Responsibility.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18401, 18402 and 18603, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1604 to new section 1 102 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1605. Substandard Permanent Buildings.
Any permanent building, structure, or portion thereof, or the premises
on which it is located, shall be deemed substandard and a nuisance when
any of the following conditions exist that endanger the life, hmb, health,
property, safety, or welfare of the occupants or the public.
(a) Health hazards or inadequate sanitation that include, but are not
limited to, the following:
(1) Where required, the lack of, inoperable, or defective water closet,
lavatory, bathtub or shower.
(2) Where required, the lack of, inoperable, or defective kitchen sink.
(3) Lack of or inadequate hot and cold running water to plumbing fix-
tures.
(4) Dampness of habitable rooms.
(5) Infestation of insects, vermin or rodents.
(6) General dilapidation or improper maintenance.
(7) Lack of or defective connection of plumbing fixtures to a sewage
disposal system.
(8) Lack of adequate garbage and rubbish storage and removal facili-
ties.
(b) Structural hazards, which include, but are not be limited to, the fol-
lowing:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed
loads with safety.
(4) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports or other hori-
zontal members which sag, split, or buckle due to defective material or
deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other hori-
zontal members that are of insufficient size to carry imposed loads with
safety.
(8) Fireplaces or chimneys which list, bulge, or settle, due to defective
material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to
carry imposed loads with safety.
(10) Lack of minimum amounts of required natural light and ventila-
tion.
(c) A Nuisance as defined in subsection 1002.
(d) Electrical hazards which include, but are not limited to, the follow-
ing:
(1) All electrical wiring that did not conform with all applicable laws
and regulations in effect at the time of its installation, has not been main-
tained in good and safe condition, or is not being used in a safe manner.
(2) Lack of, inoperable, or defective required electrical lighting.
(e) Plumbing that did not conform with all apphcable laws and regula-
tions in effect at the time of its installation, has not been maintained in
Page 79
Register 2005, No. 52; 12-30-2005
§1606
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
good or safe condition, or has cross-connections and siphonage between
fixtures.
(0 Mechanical equipment, including heating equipment and its vents,
that did not conform with all applicable laws and regulations in effect at
the time of its installation or which has not been maintained in good and
safe condition, or is not being used in a safe manner.
(1) hioperable or defective heating facilities.
(2) Inoperable or defective ventilating equipment.
(g) Faulty weather protection shall include, but not be limited to, the
following:
(!) Deteriorated roofs.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof
coverings.
(h) Any building, structure, or portion thereof, device, apparatus,
equipment, combustible waste, or vegetation which is in such a condition
as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause.
(i) Materials or construction not allowed or approved by this chapter
or which have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(k) All buildings or portions thereof not provided with adequate exit
facilities as required by this chapter, except those buildings or portions
thereof whose exit facilities conformed with all applicable laws and regu-
lations at the time of their construction.
(/) All buildings, structures, or portions thereof which are not provided
with the fire-resistive construction or fire-extinguishing systems or
equipment required by this chapter, except those buildings, structures, or
portions thereof which conformed with all applicable laws and regula-
tions at the time of their construction.
(m) All buildings, structures, or portions thereof occupied for living
sleeping, cooking, or dining purposes which are not designed or intended
to be used for these occupancies.
(n) Room and space dimensions less than required by this chapter.
NoTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18254, 18402, 18404, 18620, 18630, 18640, 18670, 18690 and 18691,
Health and Safely Code.
History
1. Renumbering of former section 1640 to new section 1605, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1606. Substandard MH-Unit.
Any MH-unit shall be deemed substandard and a nuisance when any
of the following conditions exist that endanger the life, limb, health,
property, safety, or welfare of the occupants or the public.
(a) Health hazards or inadequate sanitation that include, but not be lim-
ited to, the following:
(1 ) Lack of, inoperable, or defective water closet, lavatory, bathtub or
shower.
(2) Lack of, inoperable, or defective kitchen sink.
(3) Lack of or inadequate hot and cold running water to plumbing fix-
tures.
(4) Dampness of habitable rooms.
(5) Infestation of insects, vermin, or rodents.
(6) General dilapidation or improper maintenance.
(7) Lack of or defective connection of plumbing fixtures to a sewage
disposal system.
(b) Stnictural hazards include, but are not limited to, the following:
(1) Deteriorated or inadequate foundation or stabilizing devices.
(2) Defective or deteriorated flooring or floor supports.
(3) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(4) Members of ceilings, roofs, ceiling and roof supports or other hori-
zontal members which sag, split, or buckle due to defective material or
deterioration.
(5) Lack of adequate or defective ventilation.
(6) Lack of adequate room and space dimensions.
(c) Nuisance as defined in section 1002.
(d) Electrical hazards include, but are not limited to, the following:
(1) All electrical wiring that did not conform with all applicable laws
and regulations in effect at the time of its installation, has not been main-
tained in good and safe condition, or is not being used in a safe manner.
(2) Electrical conductors which are not protected by overcurrent pro-
tective devices designed to open the circuit when the current exceeds the
ampacity of the conductor.
(3) Electrical conductors which do not have ampacity at least equal to
the rating of outlet devices or equipment supplied.
(4) Electrical conductors which are not protected from physical dam-
age.
(5) Metallic boxes, fittings, or equipment in an electrical wiring sys-
tem which are not grounded to prevent shock.
(6) Lack of, inoperable or defective electrical lighting.
(e) Plumbing hazards include, but are not limited to, the following:
(1 ) Plumbing that did not conform with all applicable laws and regula-
tions in effect at the time of its installation, has not been maintained in
good or safe condition, or has cross-connections and siphonage between
fixtures.
(2) Lack of effective traps providing a water seal for each plumbing
fixture.
(3) Lack of effective venting of plumbing drain piping.
(4) Broken, unsanitary or leaking plumbing pipe or fixtures.
(5) Any fixture, fitting, device or connection installed in such a manner
as to permit contamination of the potable water supply.
(f) Hazardous mechanical equipment shall include, but not be limited
to, the following:
(1) Mechanical equipment, including all heating equipment and its
vent, that did not conform with all applicable laws and regulations in ef-
fect at the time of its installation or which has not been maintained in
good and safe condition, or is not being used in a safe manner.
(2) Unvented fuel burning heating appliances unless their use is per-
mitted by all applicable laws and regulations.
(3) Heating or fuel burning equipment, including its vent, without ade-
quate clearance from combustible material.
(4) Unsupported, loose, or leaking fuel supply piping.
(5) Lack of, inoperable, or defective heating.
(g) Faulty weather protection shall include, but not be limited to deteri-
orated or ineffective waterproofing of exterior walls, roof, or floors, in-
cluding broken windows or doors.
(h) Any MH-unit or portion thereof, device, apparatus, equipment, or
combustible material which is in such a condifion as to cause a fire or ex-
plosion or provide a ready fuel to augment the spread and intensity of fire
or explosion arising from any cause.
(i) Materials or construction not allowed or approved by this chapter
or which have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(k) All MH-units or portions thereof not provided with adequate exit
facilities as required by this chapter except those MH-units or portions
thereof whose exit facilities conformed with all applicable laws at the
time of their construction, and those facilities which have not been ade-
quately maintained.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18402, 18404, 18550, 18605 and 18610, Health and Safety Code.
Page 80
Register 2005, No. 52; 12-30-20)5
Title 25
Mobilehome Parks and Installations
§1608
History
1. Renumbering of former section 1704 to new section 1606, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28). For prior history, see Register 85, No. 36.
§ 1607. Substandard Recreational Vehicle.
Any recreational vehicle shall be deemed substandard and a nuisance
when any of the following conditions exist that endanger the life, liinb,
health, property, safety, or welfare of the occupants or the public.
(a) Health hazards that include, but are not limited to, the following:
( 1 ) Lack of adequate or defective ventilation.
(2) Dampness of habitable rooms.
(3) Infestation of insects, vermin or rodents.
(4) General dilapidation or improper maintenance.
(b) Structural hazards shall include, but not be limited to, the follow-
ing:
(1) Defective or deteriorated flooring or floor supports.
(2) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(3) Members of ceiling, roofs, ceiling and roof supports or other hori-
zontal members which sag. split, or buckle due to defective material or
deterioration.
(c) Nuisance as defined in section 1002.
(d) Electrical hazards include, but are not limited to, the following:
( 1 ) All electrical equipment and installations that did not conform with
all applicable laws and regulations in effect at the time of its installation,
has not been maintained in good and safe condition, or is not being used
in a safe manner.
(2) Electrical conductors which are not protected by overcurrent pro-
tective devices designed to open the circuit when the current exceeds the
ampacity of the conductor.
(3) Electrical conductors which do not have ampacity at least equal to
the rating of outlet devices or equipment supplied.
(4) Electrical conductors which are not protected from physical dam-
age.
(5) MetaUic boxes, fittings, or equipment in an electrical wiring sys-
tem which are not grounded to prevent shock.
(e) Plumbing hazards include, but are not limited to, the following:
(1) Plumbing that did not conform with all applicable laws and regula-
tions in effect at the time of its installation, has not been maintained in
good or safe condition, or has cross connections and siphonage between
fixtures.
(2) Lack of effective traps providing a water seal for each plumbing
fixture.
(3) Lack of effective venting of plumbing drain piping.
(4) Broken, unsanitary or leaking plumbing, pipe or fixtures.
(5) Any fixture, fitting, device or connection installed in such a manner
as to permit contamination of the potable water supply.
(f) Hazardous mechanical equipment includes, but is not limited to, the
following:
(1) Mechanical equipment, including all heating equipment and its
vent, that did not conform with all applicable laws and regulations in ef-
fect at the time of its installation or which has not been maintained in
good and safe condition, or is not being used in a safe manner.
(2) Unvented fuel burning heating appliances unless otherwise per-
mitted by law.
(3) Heating or fuel burning equipment, including its vent, without ade-
quate clearance from combustible material.
(4) Unsupported, loose, or leaking fuel supply piping.
(5) When provided, defective heating.
(g) Faulty weather protection includes, but is not limited to deterio-
rated or ineffective waterproofing of exterior walls, roof, or floors, in-
cluding broken windows or doors.
(h) Any recreational vehicle or portion thereof, device, apparatus,
equipment, or combustible material which is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the spread
and intensity of fire or explosion arising froin any cause.
(i) Materials or construction not allowed or approved by this chapter
or those that have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combusfible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(k) All recreational vehicles or portions thereof not provided with ade-
quate exit facilities which conformed to all applicable laws, regulations
and standards in effect at the time of their construction, or those facilities
that have not been adequately maintained.
(/) Any other components of recreational vehicles or portions thereof
that did not conform with all applicable laws, regulations and standards
in effect at the time of their construction, or those that have not been ade-
quately maintained.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18402, 18404, 18550, 18605 and 18610, Health and Safely Code.
History
1. Renumbering of former section 1706 to new section 1607, including amend-
ment of section and NOTli, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 1 1 343.4 (Register 2004, No. 28).
§ 1608. Substandard Accessory Buildings and Structures
and Building Components.
Any accessory structure or building, or building component or portion
thereof, or the premises on which the same is located, shall be deemed
substandard and a nuisance when any of the following conditions exist
that endanger the life, limb, health, property, safety, or welfare of the oc-
cupants or the public.
(a) Health hazards or inadequate sanitation include, but are not limited
to, the following:
(1) When installed, inoperable or defective water closet, lavatory,
bathtub or shower.
(2) When installed, inoperable or defective kitchen sink.
(3) When installed, inadequate hot and cold running water to plumbing
fixtures.
(4) Dampness of habitable rooms.
(5) Infestation of insects, vermin or rodents.
(6) General dilapidafion or improper maintenance.
(7) When installed, defecfive connecfion of plumbing fixtures to a
sewage disposal system.
(b) Structural hazards, which include, but are not limited to, the fol-
lowing:
(1) Deteriorated or inadequate foundations or stabilizing devices.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to, carry imposed
loads with safety.
(4) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deteriorafion.
(5) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other hori-
zontal members which sag, split, or buckle due to defective material or
deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other hori-
zontal members that are of insufficient size to carry imposed loads with
safety.
(8) Fireplaces or chimneys which hst, bulge, or settle, due to defective
material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to
carry imposed loads with safety.
(10) Lack of, inoperable, or defective required ventilating equipment.
(11) Lack of minimum amounts of required natural light and ventila-
tion.
(c) Nuisance as defined in section 1002.
(d) Electrical hazards include, but are not limited to, the following:
Page 81
Register 2005, No. 52; 12-30-2005
§1610
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(1) All electrical wiring that did not conform with all applicable laws
and regulations in effect at the time of its installation, has not been main-
tained in good and safe condition, or is not being used in a safe manner.
(2) Lack of, inoperable, or defective required electrical lighting.
(e) Plumbing that did not conform with all applicable laws and regula-
tions in effect at the time of its installation, has not been maintained in
good or safe condition, or has cross-connections and siphonage between
fixtures.
(f) Mechanical equipment, including heating equipment and its vents,
that did not conform with all applicable laws and regulations in effect at
the time of its installation or which has not been maintained in good and
safe condition, or is not being used in a safe manner.
(1) Inoperable or defective heating facilities.
(g) Faulty weather protection, which includes, but is not limited to, the
following:
(1) Deteriorated roofs.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof
coverings.
(h) Any accessory structure or building or building component or por-
tion thereof, device, apparatus, equipment, combustible waste, or vegeta-
tion which is in such a condition as to cause a fire or explosion or provide
a ready fuel to augment the spread and intensity of fire or explosion aris-
ing from any cause.
(i) Materials or construction not allowed or approved by this chapter
or which have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health or safety hazards.
(k) All accessory building or structures or building components or por-
tions thereof not provided with adequate exit facihties as required by this
chapter except those buildings or portions thereof whose exit facilities
conformed with all applicable laws and regulations in effect at the time
of their construction and which have been adequately maintained and in-
creased in relation to any increase in occupant load, alteration or addition,
or any change in occupancy.
(/) All buildings, structures, or portions thereof which are not provided
with the fire-resistive construction or fire-extinguishing systems or
equipment required by this chapter, except those buildings, structures, or
portions thereof which conformed with all applicable laws at the time of
their construction and whose fire-resistive integrity and fire-extinguish-
ing system or equipment have been adequately maintained and improved
in relation to any increase in occupant load, alteration or addition, or any
change in occupancy.
(m) All accessory buildings or structures or building components or
portions thereof occupied for living, sleeping, cooking, or dining pur-
poses which were not designed or intended to be used for such occupan-
cies.
(n) Room and space dimensions less than required by this chapter.
NOTE; Authority cited: Section 18300 Health and Safety Code. Reference: Sec-
lions 18402, 18404, 18552 and 18610, Health and Safety Code.
History
1. Renumbering of former section 1608 to new section 11 14 and renumbering of
former section 1738 to section 1608, including amendment of section heading,
section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to Govern-
ment Code section 1 1343.4 (Register 2004, No. 28).
§1610. Abatement.
(a) The registered owner of a unit, accessory building or structure, or
building component that is constructed, altered, converted, used, or
maintained in a manner that constitutes a violation is required to abate the
violation:
(b) The legal owner of the property, or park owner or operator for prop-
erties or permanent buildings under their ownership or control, that is
constructed, altered, converted, used, or maintained in a manner that
constitutes a violation, is required to abate the violation.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18402, 18404. 18550, 18552, 18605, 18610 and 18613, Health and Safety
Code.
History
1 . Renumbering of former section 1610 to new section 1 1 16 and renumbering of
former section 1740 to section 1610, including amendinent of section heading,
section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to Govern-
ment Code section i 1343.4 (Register 2004, No. 28).
§ 1 61 1 . Notice of Violation, Complaints, and Orders to
Correct.
(a)(l ) Whenever the enforcement agency finds a condition that consti-
tutes a violation of this chapter, the Health and Safety Code, or any other
applicable provision of law, the enforcement agency shall provide a writ-
ten notice to the person or entity responsible for correction of the viola-
tion.
(2) The written notice shall state the conditions which constitute the
violation including a reference to the law or regulation being violated,
and shall order its abateinent or correction within five (5) days after the
date of notice or a longer period of time as allowed by the enforcement
agency.
(3) If a unit is in such condition that identification numbers are not
available to determine ownership, the notice shall be given to the owner
of the real property, or if located in a park, the owner or operator of the
park.
(4) Whenever the enforcement agency determines a unit, habitable ac-
cessory building or structure, or permanent building constitutes an immi-
nent hazard representing an immediate risk to the hfe, health, or the safe-
ty of an occupant, the enforcement agency shall post a notice on the
structure, declaring it uninhabitable. The unit, habitable accessory build-
ing or structure, or permanent building shall not be occupied until
deemed safe by the enforcement agency. At the time of the posting, the
enforcement agency shall issue a notice as described in this section to the
registered owner. A copy of the notice shall be issued to the occupant of
the unit, accessory building or structure, or permanent building, if the oc-
cupant is not the registered owner.
NOTE: Authority cited: Sections 18300, 18605, 18610, 18620, 18630, 18640,
18670, 18690 and 18691, Health and Safety Code. Reference: Sections 18300,
18402, 18404, 18500, 18550, 18605, 18610, 18620, 18630, 18640, 18670, 18690
and 18691, Health and Safely Code.
History
1. Renumbering of former section 1710 to section 1611, including amendment of
section heading, section and Note, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of section heading and subsections (a)(2)-(3) filed 12-29-2005;
operative 1-1-2006 pursuant to Government Code section 1 1343.4 (Register
2005. No. 52).
§1612. Final Notice Requirements.
(a) If the initial notice from the enforcement agency has not been com-
plied with on or before the date specified in the notice, the enforcement
agency may institute proceedings against the cited person or entity.
(1 ) The enforcement agency shall issue to the cited person, the last reg-
istered owner of a cited unit, and the park owner or operator, or the legal
owner of the property where the cited unit, structure, or property is lo-
cated, a final notice to abate that shall contain at least the following:
(A) the date the notice is prepared;
(B) the name or names of the responsible person or entity;
(C) a list of the uncorrected violation(s) cited;
(D) final compliance date;
(E) right to request an informal conference pursuant to section 1752
of this chapter;
(F) right to request a hearing pursuant to section 1613 of this chapter
(G) a statement that any willful violation is a misdemeanor under sec-
tion 1 8700 of the Health and Safety Code.
(2) The final notice shall be mailed, by registered or certified mail, re-
turn receipt requested, to the cited person, to the legal owner of the prop-
Page 82
Register 2005, No. 52; 12-30-2005
Title 25
Mobilehome Parks and Installations
§1618
erty as shown on the last equalized assessment roll and to the last known
address of the last registered or legal owner of record of the cited unit,
unless the unit is in such condition that identification numbers are not
available to determine ownership. The final notice may also be served by
personal service at the discretion of the enforcement agency.
(3) The officer or employee of the enforcement agency upon giving
this final notice shall file an affidavit certifying to the time and the man-
ner in which that notice was given. He or she shall also file with the affi-
davit, any receipt card which may have been returned to him or her in ac-
knowledgment of the receiptof that notice by registered or certified mail.
NOTE; Aulhority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Sections 18402, 18404, 18552 and 18605, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer of section and renumbering of former section 1711 to section 1612,
including amendment of section heading, section and Note, filed 7-6-2004;
operative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1613. Request for Hearing, Notice of Time and Place for
Hearing.
(a) Upon request for a hearing, the cited person or entity receiving a
final notice of intenfion to abate a violafion shall be granted a hearing on
the matter before an authorized representative of the enforcement
agency, or official authorized to conduct the hearing if the request, pur-
suant to this article, is made to the enforcement agency within ten (10)
days after personal service or acknowledgment of receipt by mail of the
final nonce to abate.
(b) Upon receipt of a request for hearing from the cited person or enti-
ty, the enforcement agency shall, within sixty (60) days of receipt, hold
the hearing. The enforcement agency shall provide the Ume and place of
the hearing in a written nofice to the pefitioner within twenty (20) days
of receipt of the request. Receipt of the request for hearing from the cited
person or enfity, shall postpone any judicial or administrafive acfion by
the enforcement agency until after the hearing.
(c) AH procedures governing hearings related to maintenance viola-
fions are contained in article 11, commencing with secfion 1750.
(d) In the event that a cited violafion constitutes an imminent hazard
represenfing an immediate risk to life, health and safety of persons or
property which requires immediate correction, a hearing shall not be per-
mitted and a request for a hearing shall not extend the fime for the correc-
fion of the violafion.
(e) If the request for hearing is not received within ten (10) days from
the date of personal service or acknowledgment of receipt by mail of the
notice, the enforcement agency shall have the discretion to confinue
abatement proceedings.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Sections 18402, 18403, 18421 and 18605, Health and Safety Code.
History
1. Renumbering of former section 1714 to new section 1613, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1614. Lot Occupancy.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18605, 18610, Health and Safety Code.
History
1. Renumbering of former section 1614 to new section 1118 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1615. Hearing.
(a) At the fime and place of the hearing, the hearing officer shall hear
the testimony of and accept evidence from the legal owner of the proper-
ty, or park owner or operator; the cited person; or their respecfive repre-
sentative, and any other person with information or tesfimony relevant
to the final notice to abate. The tesfimony shall be limited to the condifion
of the cited unit, structure, or property. Prior to the hearing, the enforce-
ment agency shall provide all evidence supporting the abatement action
to the hearing officer.
(b) If the pefitioner does not appear at the hearing, the enforcement
agency shall have the authority to proceed immediately with abatement
procedures.
(c) Within ten (10) days after conclusion of the hearing, the hearing
officer shall render a written decision in the matter which sustains, modi-
fies, or overrules the final notice to abate. The decision shall be mailed
by first class mail to all parties to the hearing. If the decision sustains or
modifies the final notice to abate, the hearing officer may establish new
dates and schedules for compliance.
(d) At the discretion of the hearing officer, the enforcement agency
shall post a copy of the written decision in a conspicuous place on the
property or unit.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1. Renumbering of former section 1718 to new section 1615. including amend-
ment of section, filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1616. Time to Bring Action.
Any cited person, owner, or other interested person having any objec-
Uons, or feeling aggrieved at any proceedings taken by the hearing officer
conducfing the hearing, or the enforcement agency in ordering abatement
of any violafion, shall bring an acfion in any court of competent jurisdic-
tion within thirty (30) days after receipt of the decision.
NOTE: Authority cited: Sections 1 8300 and 1 8605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1. Amendment of subsections (a) and (b) filed 8-22-85; effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer of section and renumbering of former section 1720 to section 1616,
including amendment of section, filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 61 7. Consequences of Failure to Abate.
(a) It is unlawful for the person ordered to abate a violation to fail or
refuse to remove and abate that violation within the fime period allowed
in the order after the date of posting of an order on the cited unit, structure,
or property or receipt of an order. After the expirafion of the fime period
allowed for an order related to a violafion, the enforceinent agency has
the authority to initiate any appropriate acfion or proceeding to abate the
violafion, including but not limited to seeking a court order for abatement
by a receiver or other person.
(b) If, after the reinspections of an order to correct a violafion, the en-
forcement agency determines that the cited person has made reasonable
progress to abate the violation, or that circumstances beyond the control
of the cited person have interfered with compliance or slowed com-
pliance, the enforcement agency, in its sole discrefion, may extend the
period for compliance.
(c) Notwithstanding the provisions of subdivision (a), if a violafion
poses an imminent hazard representing an immediate risk to life, health,
and safety and requires immediate correction, the enforcement agency
has the authority to initiate any appropriate action or proceeding to abate
a violation if abatement is not complete within the fime period allowed
by the nofice of violation and order.
NOTE; Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Sections 18404, 18423 and 18605, Health and Safety Code.
History
1. Renumbering of former section 1722 to new section 1617, including amend-
ment of secfion heading, secfion and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 1 61 8. Responsibility for Costs.
(a) The registered owner of the unit, or any other cited person or enfity
that fails to correct a violation within the fime allotted in the original
correction order, or any extension thereto, shall be held responsible for
the costs of abatement of the violation. Costs of abatement, for purposes
of this section, may include the enforcement agency's investigafive and
Page 82.1
Register 2005, No. 52; 12-30-2005
§1619
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
case preparation costs, court costs and attorney fees, the cost associated
with any physical actions tal<en to abate the violation, and any technical
service or other tees due to the enforcement agency related to the abate-
ment activity.
(b) If the unit is in such condition that identification numbers are not
available to determine ownership, or the enforcement agency is unable
to locate the owner after making a reasonable effort to do so, the owner
of the property on which the unit is located shall be liable for such costs.
NOTE: Authority cited: Sections 1 8300 and 18605, Health and Sal^ety Code. Ref-
erence: Sections 1 8402, 1 8403, i 8404, 1 8423 and 1 8605, Health and Safety Code.
History
1. Amendment of subsection (a) filed 8-22-85; effective upon tiling pursuant to
Government Code Section 11 346.2(d) (Register 85, No. 36).
2. Repealer of section and renumbering of foriner section 1724 to section 1618,
including amendment of section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28). '
§1619. Removal.
(a) A unit, permanent building, accessory building or structure or
building component which has been ordered to be removed due to the ex-
istence of violations or a nuisance shall be removed in a manner consis-
tent with law.
(b) A copy of the order to remove an MH-unit accompanied by the
titles, registration cards, license plates or decals, and the insignias or fed-
eral labels, if available, shall be forwarded to the department. The De-
partment of Motor Vehicles shall be sent the order to remove a recre-
ational vehicle with all indicia noted above. The enforcement agency
shall send the required information and indicia within five (5) days after
removal of a unit.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Sections 18402. 18404, 18423 and 18605, Health and Safety Code.
History
1. Renumbeiing of former section 1726 to new section 1619, including amend-
ment of section and Note, filed 7-6-2004; operative 7-6-2004 pursuant to
Government Code section 11343.4 (Register 2004, No. 28).
§1620. Driveways (Roadways).
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610 and 18612, Health and Safety Code.
History
1 . Amendment of subsection (a) filed 8-22-85; effective upon filing pursuant to
Government Code Secfion 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1622. Rental of Mobile Homes.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8604, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§1624. Permits Required.
Note. Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18500, 18550, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§ 1626. Permit for Mobile Home Installation.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18613, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
§1628. Required Exit Facilities.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552, 18605 and 18610, Health and Safety Code.
' History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Sectiori 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
secfion 1 1343.4 (Register 2004, No. 28).
§ 1630. Construction Permit Penalty.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18501, 18502, 18503 and 18504, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 85, No. 36).
§1632. Removal of Vehicle Tongue.
NOTE: Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
tion 18605, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filine pursuant to Government Code
Secfion 1 1 346.2(d) (Register 85, No. 36).
§ 1634. Mobile Home Connections and Installations.
NOTE: Authority cited: Secfion 18300, 18605 and 18610, Health and Safety Code.
Reference: Sections 18550, 18554, 18605, 18610 and 18613, Health and Safety
Code.
History
1. New subsecfions (d) and (e) filed 8-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004: operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1636. Permanent Building Maintenance.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
nons 18254, 18300, 18402, 18620, Health and Safety Code.
History
1 . Repealer filed 7-6-2004; operafive 7-6-2004 pursuant to Government Code
secfion 1 1343.4 (Register 2004, No. 28).
§ 1640. Substandard Buildings.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18254, 18402, 18620, 18630, 18640, 18670, 18690, 18691, Health and Safe-
ty Code.
History
1 . Renumbering of former section 1640 to new section 1605 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1642. Abatement.
Note; Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fions 18402 and 18620, Health and Safety Code.
History
1. Amendment filed 8-22-85: effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
secfion 1 1343.4 (Register 2004, No. 28).
§ 1644. Existing Electrical Installations.
NOTE; Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fions 18550, 18605, 18610 and 18670, Health and Safety Code.
History
1. Amendment of subsection (d) filed 8-22-85: effective upon filing pursuant to
Government Code Secfion 11346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1644 to new secfion 1 188 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code secfion 11343.4 (Register
2004, No. 28).
§ 1646. Access to Electrical Equipment.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fions 18550, 18670, Health and Safety Code.
History
I. Renumbering of former section 1646 to new section 1 183 filed 7-6-2004; op-
erafive 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1648. Grounding of Mobile Homes.
NOTE: Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fions 18550, 18670, Health and Safety Code.
History
1. Renumbering of former section 1648 to new secfion 1 163 filed 7-6-2004; op-
erafive 7-6-2004 pursuant to Government Code secfion 11343.4 (Register
2004, No. 28).
§ 1650. Electrical Appliances, Equipment, and Air
Conditioning.
NOTE; Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18670, Health and Safety Code.
Page 82.2
Register 2005, No. 52; 12-30-2005
Title 25
Mobilehome Parks and Installations
§1688
History
I . Renumbering of former section 1 650 to new section 1 1 85 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1652. Electrical Feeder Assembly.
NOTE: Authority cited: Section 18300. Health and Safety Code. Reference: Sec-
tions 18550 and 18670, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
§ 1654. Authority to Order Disconnect — Electrical.
NOTE: Authority cited: Section 18300. Health and Safety Code. Reference: Sec-
tions 18550, 18670, Health and Safety Code.
History
1. Renumbering of former section 1654 to new section 1 190, including amend-
ment of section, filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 1656. Fuel Gas Systems — Maintenance.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 1 8550, 1 8690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1 658. Unused Gas Outlets.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1 . Editorial correction of section number only filed 8-22-85; effective upon filing
pursuant to Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1660. Gas Outlet Risers or Meters.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1662. Mobile Home Gas Connector.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550 and 18690, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004: operative 7-6-2004 pursuant to Government Code
section 11343.4 (Register 2004, No. 28).
§1664. LP — Gas Containers.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 1 8690, Health and Safety Code.
History
1. Renumbering of former section 1664 to new section 1211, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1 666. LP— Gas Vessels.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§ 1668. Charging of Vessels.
NOTE; Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
secuon 1.1343.4 (Register 2004, No. 28).
§ 1670. Prohibited Location of Vessel.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18690, Health and Safety Code.
History
1. Renumbering of former section 1670 to new section 1212, including amend-
ment of section heading, section and Note, filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28). For prior history, see Register 85, No. 36.
§ 1672. Authority to Order Disconnect Fuel Gas
Equipment.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18690, Health and Safety Code.
History
1. Renumbering of former section 1672 to new section 1236, including amend-
ment of section heading and section, filed 7-6-2004; operative 7-6-2004 pur-
suant to Government Code section 1 1 343.4 (Register 2004, No. 28).
§ 1674. Maintenance of Required Toilet and Shower
Facilities.
NOTE: Authority cited: Sections 18300 and 18640, Health and Safety Code. Ref-
erence: Secfion 18640, Health and Safety Code.
History
1. Amendment of secfion heading and initial sentence only filed 8-22-85; effec-
tive upon filing pursuant to Government Code Section 1 1 346.2(d) (Register 85,
No. 36).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code secfion 1 1343.4 (Register 2004, No. 28).
§1676. Trap.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18630, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 11343.4 (Register 2004, No. 28).
§1678. Venting.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18630, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1680. Mobile Home Drain Connector.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550 and 18630, Health and Safety Code.
History
1 . Amendment of subsections (a) and (c) filed 8-22-85; effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1682. Mobile Home Water Connector.
NOTE: Authority cited: Secfion 18300, Health and Safety Code. Reference: Sec-
fions 18550, 18630, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1684. Fire Fighting Instructions.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18691, Health and Safety Code.
History
1. Renumbering of former secfion 1684 to new section 1305 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1686. Emergency Information.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fion 18691, Health and Safety Code.
History
1. Renumbering of former section 1686 to new section 1122 filed 7-6-2004; op-
erafive 7-6-2004 pursuant to Government Code secfion 11343.4 (Register
2004, No. 28).
§1688. Fire Conditions.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610, 18691, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
Page 82.3
Register 2005, No. 33; 8-19-2005
§1690
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§1690. Rubbish.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610, 18691, Health and Safety Code.
History
1 . Renumbering of former section 1 690 to new section 1 1 20 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1692. Fuel Containers.
NOTE: Authority cited: Section 18300. Health and Safely Code. Reference: Sec-
lions 18610, 18690 and 18691, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1694. Care of Equipment.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18691, Health and Safety Code.
History
1. Renumbering of former section 1694 to new section 1314 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 1 1343.4 (Register
2004, No. 28). For prior history, see Register 85, No. 36.
§ 1696. Accumulation of Waste Material.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610, 18691, Health and Safety Code.
History
1. Renumbering of former section 1696 to new section 1 120 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1698. Fuel Oil Containers.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18610, 18690 and 18691, Health and Safety Code.
History
1. Amendment of initial paragraph, subsections (c) and (e) filed 8-22-85; effec-
tive upon filing pursuant to Government Code Section 1 1 346.2(d) (Register 85.
No. 36).
2. Renumbering of former section 1698 to new section 1234 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1700. Permitted Uses.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18605, 18640, Health and Safety Code.
History
1 . Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1702. Occupancy Requirements.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tion 18550, Health and Safety Code.
History
1. Repealer filed 8-22-85; effective upon fiUng pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
§1704. Substandard Mobile Home.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18605, 18610, Health and Safety Code.
History
1. Renumbering of former section 1704 to new section 1606 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1706. Substandard Recreational Vehicle.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18550, 18605, 18610, Health and Safety Code.
History
1. Renumbering of former section 1706 to new section 1607 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§1708. Abatement.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18401, 18402, 18605, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1710. Inspection and Notice.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1 . Amendment filed 8-22-85: effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1710 to section 1611 filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§1712. Proceedings.
NOTE: Authority cited: Sections 1 8300 and 1 8605, Health and Safety Code. Ref-
erence: Secfion 18605, Health and Safety Code.
History
1. Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1711 to section 1612 filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§1714. Request for Hearing.
NOTE: Authority cited: Secfions 18300 and 18605, Health and Safety Code. Ref-
erence: Section 1 8605, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filins pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1714 to new section 1613 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1716. Notice of Time and Place of Hearing.
NOTE: Authority cited: Sections 18300 and 1 8605, Health and Safety Code. Ref-
erence: Section 1 8605, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 85. No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1718. Hearing.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1. Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
2. Editorial correction of subsection (a) (Register 96, No. 37).
3. Renumbering of former section 1718 to new secfion 1615 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1 720. Time to Bring Action.
NOTE: Authority cited: Sections 1 8300 and 1 8605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1720 to section 1616 filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1 343.4 (Register 2004, No.
28).
§ 1722. Removal of Mobile Home or Recreational Vehicle.
NOTE: Authority cited: Sections 1 8300 and 1 8605, Health and Safety Code. Ref
erence: Section 18605, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 36).
2. Renumbering of former section 1722 to new secfion 1617 filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28).
§ 1 724. Responsibility for Costs.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1. Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
Page 82.4
Register 2005, No. 33; 8-19-2005
Title 25
Mobilehome Parks and Installations
§1752
2. Repealer of seclion and renumbering of former section 1724 to section 1618
filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section
11 343.4 (Register 2004, No. 28).
§1726. Removal.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Ref-
erence: Section 18605, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Government Code
section 1 1343.4 (Register 2004, No. 28).
§1728. Awning — Foundations.
NOTE: Authority cited: Sections 18300 and 1 8552, Health and Safety Code. Ref-
erence: Secfion 18552, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Govemment Code
section 1 1343.4 (Register 2004, No. 28).
§1730. Awning — Enclosures.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1 . Amendment of subsections (a), (e) and (h) filed 8-22-85; effective upon filing
pursuant to Govemment Code Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Govemment Code
section 1 1343.4 (Register 2004, No. 28).
§ 1732. Awning and Carport — Location.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Govemment Code
section 1 1343.4 (Register 2004, No. 28).
§1734. Carport— Permitted.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Govemment Code
Section 1 1346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Govemment Code
section 1 1343.4 (Register 2004, No. 28).
§1735. Carport — Enclosures.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
tions 18552 and 18610, Health and Safety Code.
History
1 . Amendment filed 8-22-85; effective upon filing pursuant to Govemment Code
Secfion 11346.2(d) (Register 85, No. 36).
2. Repealer filed 7-6-2004; operative 7-6-2004 pursuant to Govemment Code
section 1 1343.4 (Register 2004, No. 28).
§1736. Accessory Buildings and
Structures — Maintenance.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
nons 18552, 18610, Health and Safety Code.
History
1. Repealer filed 7-6-2004; operafive 7-6-2004 pursuant to Govemment Code
section 1 1343.4 (Register 2004, No. 28).
§ 1738. Substandard Mobile Home Accessory Buildings
and Structures.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
nons 18552, 18610, Health and Safety Code.
History
1 . Renumbering of former secfion 1 738 to secfion 1608 filed 7-6-2004; operative
7-6-2004 pursuant to Govemment Code section 1 1343.4 (Register 2004, No.
28).
§1740. Abatement.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Sec-
fions 18552, 18610, Health and Safety Code.
History
1 . Renumbering of former section 1 740 to seclion 1 6 1 0 filed 7-6-2004; operative
7-6-2004 pursuant to Govemment Code section 1 1343.4 (Register 2004, No.
28).
Article 11. Informal Conferences and
Formal Appeals
§1750. Application and Scope.
(a) The provisions of this article apply to the informal and formal pro-
cedures available to a cited person, as defined by section 1002 of this
chapter, who has received a notice of a violation issued by the enforce-
ment agency pursuant to seclion 1 8420 of the Health and Safety Code.
(b) None of the procedures for an informal or formal appeal process
extend the time allowed for the correction of violations noted in the origi-
nal notice of violation or noted in subsequent notices of violation issued
to the same person or about the same situation unless:
(1 ) an extension of time allowed for the correction of violations is con-
tained in the written determination provided by the enforcement agency
pursuant to subsection 1754(b), or
(2) an extension of the time allowed for the correction of violations is
contained in the final, formal decision issued by an enforcement agency
pursuant to subsection 1756(f).
NOTE: Authority cited: Sections 18300 and 18421, Health and Safety Code. Ref-
erence: Sections 18420 and 18421, Health and Safety Code.
History
1. Repealer of Article 11 (Secfions 1750-1778, not consecufive) filed 8-22-85;
effecfive upon fihng pursuant to Govemment Code Secfion 1 1346.2(d) (Regis-
ter 85, No. 36).
2. New article 1 1 and section filed 4-17-95; operafive 5-17-95 (Register 95, No.
16).
3. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Govemment
Code seclion 1 1 343.4 (Register 2004, No. 28).
§ 1752. Request for Informal Conference.
(a) The following optional, informal conference process shall be avail-
able to a person who is required to respond to a notice of violation issued
pursuant to section 1 8420 of the Health and Safety Code, and shall be ini-
tiated solely at the discretion of the person addressed in the notice of
violation.
(b) The use of the informal conference process shall be limited to the
dispute of one or more of the following issues contained in a notice of
violation:
(1) The existence of one or more alleged violations,
(2) The alleged failure to correct the violations in the required time
frame, and
(3) The reasonableness of the time frame within which the violations
shall be corrected.
(c) If a person is in receipt of a notice of violation and chooses to re-
quest an informal conference with a representative of the enforcement
agency,
(1) the person shall make a written request to the enforcement agency
for an informal conference, and
(2) the person shall ensure that the enforcement agency receives the
written request within ten (10) working days of the notice of violation.
(d) The written request for an informal conference shall provide the
following information:
(1) The name, address, and telephone number of the person requesting
the informal conference, and
(2) A brief description of the issues disputed.
(e) Within three (3) working days of the receipt of a written request for
an informal conference, the enforcement agency shall contact the person
who submitted the request and shall schedule an informal conference for
the earliest possible, mutually convenient time and place. The informal
conference shall occur during the normal working hours and shall be held
no later than fifteen (15) working days after the enforcement agency' s re-
ceipt of the written request. "Normal working hours" are from 8:00 a.m.
to 5:00 p.m. on Monday through Friday, excluding holidays.
Page 82.5
Register 2005, No. 33; 8-19-2005
§1754
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(f) The enforcement agency shall deny a request for an informal con-
ference only if one (1) or more of the following conditions apply:
(1) The issues identified for dispute in the written request do not in-
clude at least one (1) of the issues specified in subsection (b), or
(2) The person requesting the informal conference is not available to
meet with the representative of the enforcement agency within the fifteen
(15) day time period and the enforcement agency determines that good
cause does not exist to postpone the informal conference.
NOTE: Authority cited: Sections 1 8300 and 1 842 i , Health and Safety Code. Ref-
erence: Sections 1 8420 and 1 842 1 , Health and Safely Code.
History
1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendmeni filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§1754. Informal Conference.
(a) An informal conference related to a violation shall occur at the time
and place scheduled and shall provide the person requesting the confer-
ence with the opportunity to explain to the representative of the enforce-
ment agency each issue disputed and the facts and circumstances of each
dispute.
(b) Within five (5) working days of the completion of the informal con-
ference, the enforcement agency shall provide a written notification of
its determination, to the person who requested the conference.
(c) The written determination shall sustain, overrule, or modify the
original notice of violation that contained each issue disputed at the infor-
mal conference. Modification may include:
(1) changes to the original violation cited,
(2) where necessary to provide a reasonable time for compliance, an
extension of the time within which the modified required corrective ac-
tion shall be completed. The extension of time shall not exceed thirty (30)
calendar days, or such longer period of time allowed by the enforcement
agency, from the date of the enforcement agency's written determination
or greater period of time as determined by the enforcement agency.
(d) The written request for an informal conference shall be considered
withdrawn if the person who submitted the request:
(1) does not appear at the mutually-agreed upon time and place sched-
uled for the informal conference, and
(2) does not notify the enforcement agency, within five (5) calendar
days prior to the date on which the informal conference was scheduled,
with written confirmation of the good-cause reason for not appearing at
the informal conference.
(e) If the enforcement agency determines that good cause exists for a
postponement, the enforcement agency shall postpone an informal con-
ference for a period of time not to exceed fifteen (15) working days and
shall notify the person in writing of the time and date of the postponed
conference. Otherwise, the agency shall confirm the automatic with-
drawal and, if applicable, the denial of the request due to a lack of a good
cause reason, as determined by the enforcement agency.
NOTE: Authority cited: Sections 18300 and 18421, Health and Safety Code. Ref-
erence: Sections 18420 and 18421, Health and Safety Code.
History
1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
§ 1756. Request for Appeal of Decision Rendered in
Informal Conference.
(a) Any park owner or operator, or any registered owner of a unit, who
has received notice of violation issued pursuant to section 18420 of the
Health and Safety Code, has the right to petition for a formal hearing with
the person in charge of the enforcement agency or that person' s designee.
(b) The person requesting the formal hearing shall submit a written
petition to the enforcement agency:
(1) within ten (10) working days of the date of the notice of violation,
or
(2) within five (5) working days of the date of the enforcement
agency's written determination, if the issues were disputed at an informal
conference.
(c) The written petition shall:
(1) provide the name, address, and phone number of the petitioner,
(2) provide the petitioner's reasons for requesting a formal hearing,
(3) summarize each issue to be disputed at the formal hearing, and
(4) state the remedy the petitioner is seeking.
(d) Upon receipt of the petition, the enforcement agency shall set a
time and place for the formal hearing and shall provide the petitioner with
written notice of the scheduled hearing.
(1) The formal hearing shall commence within ten (10) working days
of the date of the petition.
(2) The petitioner shall have the right to apply for the postponement
of the date of the formal hearing for a reasonable amount of time. The pe-
titioner shall provide a good cause reason for the request.
(3) The enforcement agency shall grant a request for postponement if
it determines that the petitioner has good-cause reason for the postpone-
ment.
(e) The formal hearing shall provide the petitioner with the opportuni-
ty to be heard and to show cause why the notice of violation should be
modified or withdrawn.
(1) The petitioner shall be entitled to call witnesses to testify at a for-
mal hearing.
(2) The petitioner shall be entitled to be represented by legal counsel
at a formal hearing.
(f) Within ten (10) working days of the formal hearing, the enforce-
ment agency shall provide in writing a final, formal order to the petition-
er. TTie final, formal order shall:
( 1 ) sustain, modify, or withdraw the notice of violation issued pursuant
to section 18420 of the Health and Safety Code; and
(2) cleariy state the enforcement agency's findings upon which the fi-
nal, formal order is based.
NOTE: Authority cited: Sections 18300 and 18421, Health and Safety Code. Ref-
erence: Sections 18420, 18421 and 18513 Health and Safety Code.
History
1. New section filed 4-17-95; operafive 5-17-95 (Register 95, No. 16).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Govemment Code section 1 1343.4 (Register 2004, No. 28).
§ 1758. Petition to Review Order of Local Enforcement
Agency Following Formal Hearing.
(a) A mobilehome park owner or operator, or the registered owner of
a unit who:
(1) has received a notice of violation issued pursuant to Health and
Safety Code section 18420 by an enforcement agency other than the de-
partment; and
(2) has received a final, formal order from the enforcement agency fol-
lowing a formal hearing, shall be entitled to petition the department to re-
view and investigate, as necessary, the enforcement activities of the local
enforcement agency.
(b) TTie petition shall be in writing and shall include the following:
(1) a copy of the original notice of violation;
(2) a copy of the enforcement agency's written determination, if an in-
formal conference was held;
(3) a copy of the enforcement agency's final, formal order; and
(4) a clear, concise explanation of the issues that the petitioner contin-
ues to dispute.
(c) The department shall consider the petition in conjunction with the
department's responsibility to monitor local enforcement activity pur-
suant to subdivision (d) of section 18306 of the Health and Safety Code.
(1) Within sixty (60) working days of the receipt of the petition, the
department shall review the petition and provide the petitioner with writ-
ten notice of whether the activities of the local agency require investiga-
tion by the department.
Page 82.6
Register 2005, No. 33; 8-19-2005
Title 25
Mobilehome Parks and Installations
§1758
(2) If the department has determined that the activities of the local
agency require investigation by the department, the written notice to the
petitioner shall provide a time frame for the investigation.
(3) If the department investigates the enforcement activities of a local
agency in response to one (1 ) or more petitions provided pursuant to sub-
section (a), the department shall notify each petitioner within sixty (60)
days of the results of the department's investigation.
(d) If the department finds that the notice of violation, written deter-
mination, and/or final, formal order issued by the local enforcement
agency reflect(s) nonenforcement of the law, the department shall initiate
corrective action pursuant to the provisions of subdivision (d) of section
18300 of the Health and Safety Code.
(e) A petition filed pursuant to this section shall not extend the time for
correction of the violation as provided in the original or any subsequent
notice of violation issued by the local enforcement agency unless the de-
partment, based on the petition and materials submitted with the petition,
determines there is a high likelihood that the local enforcement agency
was incorrect in issuing the notice of violation.
NOTE: Authority cited: Sections 1 8300 and 1 842 1 , Health and Safety Code. Ref-
erence: Sections 18306, 18420 and 18421, Health and Safety Code.
History
1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant
to Government Code section 1 1343.4 (Register 2004, No. 28).
Subchapter 2. Special Occupancy Parks
History
I . Repealer of subchapter 2 (articles 1-9, sections 2000-2860) filed 7-6-2004; op-
erative 7-6-2004 pursuant to Government Code section 11343.4 (Register
2004, No. 28). For prior history, see Register 85, No. 36.
* *
Page 82.7
Register 2005, No. 33; 8-19-2005
-^^^
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Chapter 2.2. Special Occupancy Parks
Vol. 33
THOIVISOISI
-^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Special Occupancy Parks
Table of Contents
Chapter 2.2. Special Occupancy Parks
Table of Contents
Page
Page
Article 1,
•
§ 2000.
§ 2002.
§ 2003.
§ 2004.
§ 2004.5.
§ 2005.
§ 2005.5.
§ 2006.
§ 2006.5.
§ 2007.
§ 2008.
§ 2009.
§ 2010.
§2012.
§ 2014.
§ 2016.
§2017.
§2018.
§ 2020.3.
§ 2020.4.
§ 2020.6.
Administration and
Enforcement 83
Application and Scope.
Definitions.
Manufactured Homes and
Mobilehomes.
Local Enforcement.
Complaint Investigations.
Local Government's Cancellation of
Enforcement Responsibility.
Revocation of Local Enforcement
Authority.
Transfer of Authority — Disbursal
of Fees.
Permit to Operate Required.
Applicant Documentation.
Annual Permit to Operate Fees.
Permit to Operate — Penalty Fees.
Permit to Operate — Construction
Completed.
Department Copies of the Annual
Permit to Operate and Related Fees.
Required Reporting of Changes in
Park Status.
Approval of Alternates and
Equivalents.
Technical Service Fee.
Permits Required.
Application Requirements for
Permits for Accessory Structures
and Camping Cabins.
Fees for Accessory Structure
Permits With a Standard Plan
Approval.
Application Requirements for
Permits for Park Construction or
Alteration.
§ 2020.7.
Permit Fees for Park Construction or
Alteration.
§ 2020.9.
Application and Fee Requirements
for Standard Plan Approvals.
§ 2030.
California Environmental Quality
Act Compliance.
§ 2032.
Permit Applications — Required
Approvals.
§ 2034.
Plans.
§ 2038.
Extension of Permit to Construct.
§ 2042.
Swimming Pools.
§ 2044.
Construction.
§ 2045.
Excavation and Grading.
§ 2046.
Stop Order.
§ 2048.
Inspections.
§ 2050.
Construction Permit Penalty.
Article 2.
General Park Requirements
84.12
§ 2100.
Application and Scope.
§2102.
Responsibility.
§ 2104.
Lot Address Identification and Lot
Line Marking.
§ 2105.
Lot Line Changes.
§2106.
Roadways.
§2108.
Park Lighting.
§2110.
Occupied Area.
§2112.
Required Toilet and Shower
Facilities.
§2114.
Animals.
§2116.
Park and Lot Area Grading.
§2118.
Lot Occupancy.
§ 2120.
Rubbish and Accumulation of Waste
Material.
§2122.
Emergency Information.
§2126.
Lot Utility Location.
Article 3.
Electrical Requirements 84.15
§2130.
Application and Scope.
§2132.
Permanent Building Electrical
Regulations.
§2134.
Basic Electrical Regulations.
§2136.
Conductors and Equipment.
§ 2138.
Energizing.
§2140.
Distribution System.
§ 2146.
Voltage Drop.
§2148.
Overcurrent Protection.
§ 2150.
Park Electrical Disconnecting
Means.
§2151.
Lot Electrical Disconnecting
Means.
§2152.
Ground-Fault Protection.
§ 2153.
Equipment Grounding.
§ 2154.
Primary System Grounding — 600
Volts or Less.
§2156.
Primary System Grounding — Over
600 Volts.
§ 2158.
Secondary Systems — Lot Service
Equipment.
§ 2160.
Secondary Systems — Other than
Lot Service Equipment.
§2162.
Grounding Connections.
§2163.
Grounding of Units.
§ 2164.
Feeder Assembly.
§ 2166.
Grounding Conductors.
§ 2170.
Protection of Outdoor Equipment.
§ 2176.
Aluminum Conductors.
§2178.
Mechanical Protection.
§2180.
Lot Service Equipment.
§2182.
Installation of Lot Service
Equipment.
§2183.
Access to Electrical Equipment.
§ 2185.
Electrical Appliances and
Equipment.
§2186.
Lot Receptacles.
§2188.
Existing Electrical Installations.
§ 2190.
Authority to Order Disconnect —
Electrical.
Article 4.
Fuel Gas Requirements 84.19
§ 2200.
Application and Scope.
§ 2206.
Federal Regulations.
§ 2208.
Basic Fuel Gas Regulations.
§2210.
Liquefied Petroleum Gas (LPG).
§2211.
LPG Tanks.
§2212.
Prohibited Location of Tanks.
§ 2216.
Installation.
§2218.
Park Gas System Shutoff Valve.
§ 2220.
Lot Gas Shutoff Valve.
§ 2222.
Lot Gas Outlet.
§ 2226.
Gas Meters.
§ 2228.
Mechanical Protection.
§ 2229.
Regulator and Relief Vents.
§ 2230.
Required Gas Supply.
§ 2232.
Gas Pipe Size.
Page i
(1-12-2007)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
§ 2236.
Article 5.
§2240
§2246
§2248
§ 2252,
§ 2254,
§ 2258,
§ 2260
§ 2262
§ 2264
§ 2266
§2268
§2269
§2270
§ 2272,
§ 2274,
§ 2276
§ 2278
§ 2280
§2284
Article 6.
§ 2300.
§ 2302.
§ 2304.
§ 2305.
§ 2306.
§ 2308.
§2310.
§2312.
§2314.
§2316.
§2317.
§2318.
§2319.
Article 7.
Article 8
Authority to Order Disconnect of
Fuel Gas Equipment.
Plumbing Requirements 84.21
Application and Scope.
Basic Plumbing Regulations.
Sewage Disposal.
Installation.
Drain Inlet.
Trap.
Venting.
Vent Location and Support.
Wet Vented Systems.
Systems Without Traps.
Pipe Size.
Recreational Vehicle Sanitation
Stations.
Sanitation Station Specifications.
Sanitation Station Warning Sign.
Lot Water Service Outlet.
Pressure.
Water Pipe Size.
Mechanical Protection.
Water Conditioning Equipment.
Fire Protection Standards
for Parks 84.24
Application and Scope.
Local Fire Prevention Code
Enforcement.
Local Regulations.
Fire Fighting Instructions.
Perinits Required.
Lot Installations.
Alternate Systems.
Private Systems.
Care of Equipment.
Private Fire Hydrant Operation and
Water Flow Requirements.
Private Fire Hydrant Test and
Certification.
Private Fire Hydrants With
Violations.
Private Fire Hydrant Compliance
For Park Operation.
Installations and
§ 2399.
Article 9.
Facilities 84.27
§ 2320.
Application and Scope.
§ 2322.
Removal of Vehicle Towing Hitch
and Wheels.
§ 2324.
Installation Permits.
§ 2327.
Camping Cabins.
§ 2328.
Utility Facilities.
§ 2330.
Unit Separation and Setback
Requirements Within Parks.
§ 2333.
Foundations.
§ 2334.
Accessory Structure Support Piers
and Footings.
§2337.
Support Inspection.
§2344.
Clearances.
§ 2346.
Skirting Design and Construction.
§ 2352.
Electrical Feeder Assembly.
§ 2354.
Unit Gas Connector.
§ 2356.
Unit Water Connector.
§ 2358.
Drain, Unit.
§ 2360.
Air-Conditioning Installation.
8.
Permanent Buildings and
Commercial Modulars 84.29
§ 2382.
Application and Scope.
§2388.
Construction of Permanent
Commercial Modular
Requirements.
Accessory Buildings and
Structures
84.30
§ 2422.
Application and Scope.
§ 2424.
Regulated Structures.
§ 2428.
Location.
§ 2429.
Required Exits.
§ 2432.
Construction.
§ 2433.
Roof Live Load.
§ 2434.
Calculations and Test Procedures.
§ 2436.
Electrical Installations.
§ 2438.
Mechanical Installations.
§2440.
Plumbing.
§2442.
Foam Building System
Flanmiability Standards.
§ 2443.
Private Garages, Cabanas, and
Storage Buildings.
§2444.
Cabanas.
§ 2466.
Awning — Permitted.
§ 2468.
Awning — Design and
Construction.
§ 2470.
Awning — Dimensions.
§ 2472.
Awning — Foundations.
§ 2474.
Awning — Enclosures.
§ 2478.
Carport — Permitted.
§ 2486.
Ramada — Permitted.
§ 2496.
Exterior Doorways.
§ 2498.
Landing, Porch, and Stairway —
Design and Construction.
§ 2500.
Porch and Stairway — Foundation.
§ 2502.
Porch — Guardrails.
§ 2504.
Stairway — Handrails.
§ 2506.
Ramps and Handrails.
§ 2510.
Storage Cabinets — Location.
§2514.
Fence or Windbreak — Height.
§2518.
Standard Plan Approval.
Article 10.
Violations, Complaints,
Abatement, and Hearings
§ 2600.
Application and Scope.
§ 2605.
Substandard Permanent Buildings.
§ 2606.
Substandard Manufactured Home or
Mobilehome.
§ 2607.
Substandard Recreational Vehicle.
§ 2608.
Substandard Accessory Buildings
and Structures and Building
Components.
§ 2609.
Substandard Camping Cabins.
§ 2610.
Abatement.
§2611.
Notice of Violation, Complaints,
and Orders to Correct.
§2612.
Final Notice Requirements.
§2613.
Request for Hearing, Notice of Time
and Place for Hearing.
§ 2615.
Hearing.
§2616.
Time to Bring Action.
§2617.
Consequences of Failure to Abate.
§2618.
Responsibility for Costs.
§ 2619.
Removal.
Article 11.
Informal Conferences and
Formal Appeals
§ 2750.
Application and Scope.
§ 2752.
Request for Informal Conference.
§ 2754.
Informal Conference.
§ 2756.
Request for Appeal of Decision
•
84.34
84.39
Buildings.
Rendered in Informal Conference.
§ 2758. Petition to Review Order of Local
Enforcement Agency Following
Formal Hearing.
Page ii
(1-12-2007)
Title 25
Special Occupancy Parks
§2002
Chapter 2.2. Special Occupancy Parks
Article 1. Administration and Enforcement
§ 2000. Application and Scope.
(a) Except as otherwise explicitly provided in sections 18865(g),
18865.4, and 18865.5(b), Health and Safety Code, the provisions of this
chapter shall apply to the construction, use. maintenance and occupancy
of special occupancy park lots, including separate designated sections
within mobilehome parks, permanent buildings, accessory buildings or
structures, and building components wherever located, both within and
outside of special occupancy parks, in all parts of the state. These provi-
sions shall also apply to the use, maintenance and occupancy of recre-
ational vehicles and the installations for supplying fuel gas, water, elec-
tricity and the disposal of sewage from accessory buildings or structures,
building components, and recreational vehicles, wherever located within
special occupancy parks in all pails of the state.
(b) Provisions that apply to mobilehome parks are located in Title 25,
California Code of Regulations, Division 1 chapter 2 of this division.
(c) Mobilehomes or manufactured homes, and their accessory build-
ings or structures, located in special occupancy parks in accordance with
section 2118, shall comply with the requirements contained in chapter 2.
(d) Existing construction, connections, and installations of units, ac-
cessory buildings and structures, building components, plumbing, elec-
trical, fuel gas, fire protection, earthquake resistant bracing, and perma-
nent buildings made before the effective date of the requirements of this
chapter may continue in use so long as they were in compliance with re-
quirements in effect at the date of their installation and are not found to
be substandard.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18613, 18865.3, 18865.4, 18871.3, 18871.10, 18872, 18872.2, 18873,
18873.1, 18873.2, 18873.3, 18873.4 and 18873.5, Health and Safety Code.
History
1. New Chapter 2.2 (articles 1-11, sections 2000-2758), article 1 (sections
2000-2050) and section filed 7-6-2004; operative 7-6-2004 pursuant to Gov-
ernment Code section 11343.4 (Register 2004, No. 28).
§ 2002. Definitions.
In addition to the definitions contained in this section which apply only
to this chapter, the definitions contained in sections 18860-18874 of the
Health and Safety Code and those definitions relating to building stan-
dards contained in Title 24, California Code of Regulations Parts 2, 3, 4
and 5, are also applicable to the requirements of this chapter.
(a) -A-
(1 ) Accessory building or structure. Any awning, window awning, ca-
bana, ramada, storage cabinet, storage building, carport, fence, stairway,
ramp, or porch, or any other building or structure other than a patio estab-
lished for the use of the occupant of a unit on a lot.
(2) Approved. Reviewed and/or inspected and deemed acceptable to
the enforcement agency.
(3) Architect. A person licensed by the State of California, qualified
to practice architecture in this state. For purposes of this chapter, an archi-
tect designing or approving plans shall have skill, knowledge, and exper-
tise in that scope of practice.
(4) Awning. An accessory structure, used for shade or weather protec-
tion, constructed of cloth, canvas or other flexible material supported by
one or more posts or columns and partially supported by the unit
installed, erected, or used on a lot.
(5) Awning Enclosure. An enclosure designed for outdoor recreation-
al purposes, not for habitation, constructed under an awning or freestand-
ing awning, which may include a screen room, and either an accessory
building or structure, or a building component.
(6) Awning, Freestanding. An accessory structure, used for shade or
weather protection, supported entirely by columns or posts and, other
than with flashing, not attached to or supported by a unit or other accesso-
ry structure.
(7) Awning, Window or Door. An accessory structure, used for shad-
ing a window or door, supported wholly by the unit or other accessory
building or structure to which it is attached.
(b) -B-
(1) Branch Water Service Line. That portion of the water distribution
system extending from the park water main to a lot, including connec-
tions, devices and appurtenances.
(2) Building Components. Any subsystem, subassembly, or other sys-
tem, constructed or assembled in accordance with the provisions of
California Factory-Built Housing Law, contained in the California
Health and Safety Code commencing with section 1 9960, designated for
use in, or as part of. an accessory building or structure, which may include
structural, mechanical, electrical, plumbing, and fire-protection systems
and other systems affecting health and safety. However, building compo-
nents do not include appliances or equipment such as heaters, stoves, re-
frigerators, or air conditioners which have been listed and labeled by an
approved listing agency.
(3) Building Standard. Any rule, regulation, or other requirement
adopted by the Building Standards Commission or a local government
pursuant to section 17958.5 of the Health and Safety Code pertaining to
the construction, plumbing, electrical, and fuel gas equipment, and
installations within permanent buildings in parks.
(c) -C-
( 1 ) Cabana. A freestanding accessory building or structure, or building
component of an MH-unit, located immediately adjacent to and intended
to increase the living area of that unit, which is a portable, deinountable,
or permanent room enclosure or other building erected or constructed for
habitation. A cabana shall not exceed the size of the unit to which it is an
accessory.
(2) California Building Code. California Code of Regulations, Title
24, Part 2, as adopted and published by the California Building Standards
Commission.
(3) California Electrical Code. California Code of Regulations, Title
24, Part 3, as adopted and published by the California Building Standards
Commission.
(4) California Fire Code. California Code of Regulations, Title 24, Part
9, as adopted and published by the California Building Standards Com-
mission.
(5) California Mechanical Code. California Code of Regulations, Title
24, Part 4, as adopted and published by the California Building Standards
Commission.
(6) California Plumbing Code. California Code of Regulations, Title
24, Part 5, as adopted and published by the California Building Standards
Commission.
(7) Camping Area. Any area or tract of land where one or more lots or
campsites are rented or leased or held out for rent or lease to accommo-
date camping parties.
(8) Camping Cabin. A relocatable hard-sided shelter, for use by a
camping party, as defined in Health and Safety Code section 1 8862.5. All
camping cabins are dependent units.
(9) Camping Party. A person or group of not more than ten (10) per-
sons occupying a campsite or camping cabin for not more than thirty (30)
days annually.
(10) Campsite. A designated area or lot within an incidental camping
area used for occupation by a camping party.
(11) Carport. An accessory structure, used for shade or weather protec-
tion for a vehicle or vehicles which shall be freestanding.
(12) Cited Person. A person or entity issued a notice of violation for
a violation of this chapter or applicable laws who is responsible for its
correction.
(13) Combustible. As applied to building construction is any material
or construction which does not meet the criteria of noncombustible as de-
fined in subsection (n) of this section.
Page 83
Register 2008, No. 29; 7-18-2008
§2002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(14) Common Area. An area, within the boundaries of the park, that
is not specific to any lot or space and is under the ownership and control
of the park.
(15) Commercial Modular. "Commercial modular" means a structure
transportable in one or more sections, designed and equipped for human
occupancy for industrial, professional, or commercial purposes, which
is required to be moved under permit, and shall include a trailer coach as
defined in section 635 of the Vehicle Code. "Commercial coach" has the
same meaning as "commercial modular" as that term is defined in section
18001.8 of the Health and Safety Code.
(16) Concrete Block Pier. An assembly of load-bearing, concrete
blocks with wooden wedges used to level a unit.
(17) Concrete Pier. A concrete load-bearing support that incorporates
into its structure an adjustable means of raising and leveling the unit.
(18) Contractor. Any person as defined in Business and Professions
Code sections 7026 through 7026.3.
(d) -D-
(1) Department. The Department of Housing and Community Devel-
opment.
(2) Dependent Unit. A unit not equipped with a toilet and sewage dis-
posal system. All camping cabins are dependent units.
(3) Drain Connector. The extension from the unit' s or accessory build-
ing's or structure's drain outlet, to the lot's drain inlet.
(4) Drain Outlet. The discharge end of a unit's or accessory building's
or structure's sewage drainage system.
(5) Dry Camp. A camping area where a supply of potable water is un-
available within the camping area.
(e) -E-
(1) Electrical Service, Park. The conductors and equipment for deliv-
ering electrical energy from the electrical supply system or the generator
of an isolated plant, to the electrical wiring system of the park.
(2) Electrical System, Park-Primary. That part of the electrical wiring
system of the park distributing electrical energy to the park's secondary
electrical system.
(3) Electrical System, Park-Secondary. That part of the electrical wir-
ing system of the park distributing electrical energy at a nominal 120 or
120/240 volts, single phase.
(4) Electrical Wiring System, Park. All of the electrical equipment, ap-
purtenances and related electrical installations outside of permanent
buildings, units, and accessory buildings or structures within a park.
(5) Emergency. An occurrence constituting a current or imminent seri-
ous risk to life, health, safety, or property requiring immediate correc-
tion.
(6) Energize. The act of applying electrical energy, or gas or water
pressure.
(7) Enforcement Agency. The Department of Housing and Communi-
ty Development, or any city, county, or city and county that has assumed
responsibility for the enforcement of this chapter and chapter 2 pursuant
to sections 18300 and 18865 of the Health and Safety Code.
(8) Engineer. A person registered with the State of California as a pro-
fessional engineer qualified to practice engineering in this state. For pur-
poses of this chapter, an engineer designing or approving plans shall have
skill, knowledge, and expertise in that scope of practice.
(9) Equipment. All materials, appliances, devices, fixtures, fittings, or
accessories used in the structural, fire safety, plumbing, mechanical, and
electrical systems of units, buildings, structures, infrastructures and sys-
tems subject to this chapter.
(f)-F-
(1) Feeder. The conductors for conveying electrical energy between
any two points in the park's electrical wiring system excluding electrical
feeder assemblies.
(2) Fence. A freestanding vertical wall structure
(3) Fire Agency. A city, county, or city and county fire department, or
fire district.
(4) Fire Hydrant. A connection to a water source for the purpose of
supplying water to a fire hose or other fire protection apparatus and, for
the purposes of this chapter, includes a standpipe.
(5) Fire Hydrant, Private. A fire hydrant including wet standpipes
owned by the park.
(6) Fire Hydrant System. All fire hydrants, water piping, pumps, tanks,
and valves attached to the water system supplying the hydrants.
(7) Footing. The portion of a support, in direct contact with the ground,
that distributes imposed loads to the soil.
(8) Forms
(A) Annual Permit To Operate (local enforcement agency), HCD
503B, dated 01/07.
(B) Application For Alternate Approval. HCD 51 1, dated 7/04.
(C) Application For Certification Of Manufactured Home Or Mobile-
home Earthquake Resistant Bracing System, HCD 50 ERBSCERT,
dated 7/04.
(D) Application For Permit To Construct, HCD 50, dated 7/04.
(E) Applicafion For Permit To Operate, HCD 500, dated 7/04.
(F) Application For Standard Plan Approval, HCD 520, dated 7/04.
(G) Certificate of Occupancy, HCD 513C, dated 7/04.
(H) Floodplain Ordinance Compliance Certification For Manufac-
tured Home/Mobilehome Installations, HCD 547, dated 7/04.
(I) Manufactured Home or Mobilehome Installation Acceptance (Lo-
cal Enforcement Agency), HCD 513B, dated 7/04.
(J) Manufactured Home or Mobilehome Installation Acceptance,
HCD 513A, dated 7/04.
(K) Permit To Operate (local enforcement agency), HCD 500A, dated
7/04.
(L) Plot Plan, HCD 538, dated 7/04.
(M) Private Fire Hydrant Test And Certification Report, HCD MP
532, dated 01/07.
(N) School Impact Fee Certification, HCD MP 502, dated 1/04.
Note: The use of existing forms shall be permitted until supplies are exhausted.
(g)-G-
( 1 ) Gas Connector. A flexible connector, listed for exterior use, to con-
vey gas from a gas riser outlet to the gas supply connection of a unit.
(2) Gas Piping System, Park. The pipe equipment and related installa-
tions outside of permanent buildings, units, or accessory buildings or
structures, for distribufing gas throughout the park.
(3) Gas Riser Outlet. That portion of a park gas lateral or gas piping
system, extending above ground, serving a lot.
(4) Gas Service Lateral. The pipe, or that portion of a gas piping sys-
tem, extending from the main park gas line to the individual gas outlet
serving a lot.
(5) Good Cause. What the enforcement agency would find to be a rea-
sonable basis for failing to appear at the time and place scheduled for a
hearing, informal conference, formal hearing, or for not complying with
a specified timeline.
(6) Gross Floor Area. The floor area enclosed within the surrounding
exterior walls of a unit, accessory building or structure, or portions there-
of. Where there are no walls, "Gross Floor Area" means the usable area
contained within the horizontal projection of the roof and floor.
(7) Guardrail. A vertical barrier erected along the open edges of a
porch or other elevated area to prevent persons from falling to a lower
level.
(h)-H-
(1) Habitable Room or Structure. Any structure or room within a struc-
ture meefing the requirements of this chapter for sleeping, living, cook-
ing, or dining purposes, excluding such enclosed spaces as awning enclo-
sures, closets, pantries, bath or toilet rooms, service rooms, connecfing
corridors, laundries, unfinished attics, foyers, storage spaces, unfinished
cellars, utility rooms, and similar spaces.
(2) Handrail. A raiHng provided for grasping with the hand for support,
erected along one or more edges of a stairway or ramp.
Page 84
Register 2008, No. 29; 7-18-2008
Title 25
Special Occupancy Parks
§2002
(3) Hearing Officer. The authorized representative of the enforcement
agency, or other official authorized to conduct hearings.
(1 ) Independent Unit. A unit equipped with a toilet and designed to be
connected to a lot sewer inlet.
(2) Identification Label. A decal, tag, or label indicating acceptance by
the department of a standard plan for an accessory building or structure.
(3) Incidental Camping Area. Any area or tract of land where camping
is incidental to the primary use of the land for agriculture, timber manage-
ment, or water or power development purposes, and where two or more
campsites used for camping are rented or leased or held out for rent or
lease. The density of usage shall not exceed 25 camping parties within
a radius of 265 feet from any campsite within the incidental camping
area.
(4) Insignia or Label of Approval. A tag or label issued pursuant to
Health and Safety Code section 1 8027.3 or J 8027.5 and permanently af-
fixed to the unit indicating compliance with applicable regulations of the
department or with the American National Standards Institute standards
Al 19.2 or All 9.5.
G)-J-
Reserved
(k)-K-
Reserved
(/)-L-
(1) Landing, Stairway. An individual platform, not to exceed twelve
(12) square feet, usually at the top or bottom of a stairway, to ease the
transition from a stairway to a level walking surface. Landings for ramps
must comply with requirements in the California Building Code.
(2) Listed. All equipment, materials, products, and installations in-
cluded in a list published by an approved hsting agency.
(3) Listing Agency. An independent agency approved by the depart-
ment that:
(A) is in the business of listing and labeling equipment, materials,
products, or installations; and
(B) maintains a periodic inspection program on current production of
listed equipment, materials, or products or periodic evaluations of listed
installations; and
(C) makes available at least annually a published report of listings that
include specific information about the nationally recognized standard
with which each item complies and the manner in which the item is safe
for use, or information about the listed equipment, material, product, or
installation that has been tested and found suitable for use in a specified
manner.
(4) Load. Any of the forces that a structure is designed to withstand,
including any permanent force such as the weight of a roof, known as a
dead load; any moving or temporary force, such as the weight of occu-
pants, known as a live load; wind loads imposed by wind activity; and
seismic loads imposed by seismic activity.
(5) Lot Access. An unobstructed way or means of approaching a road-
way or public thoroughfare to or from a lot.
(6) Lot Electrical Service Equipment, Park. That equipment contain-
ing the means to connect or disconnect, overcurrent protective devices
and receptacles, or other means for supplying a unit, listed appliance, ac-
cessory building or structure, or building component, to or from the
park's electrical supply.
(7) Lot Line Change. The alteration, movement, or shifting of a lot line
for an existing lot.
(8) Lot Line Creation. The initial establishment of a lot line for a new
lot.
(9) Lot Water Service Outlet, Park. That portion of the park's water
distribution system, including equipment and devices, provided with a
fitting for connecting a unit's water connector.
(m)-M^
(1) MH-unit. A term, as used in this chapter, to replace references to
"mobilehome, manufactured home, and multifamily manufactured
home."
(2) Manufactured Home. A structure as defined by Section 1 8007 of
the Health and Safety Code.
(3) Mobilehome. A structure as defined by secfion 1 8008 of the Health
and Safety Code.
(4) Multifamily Manufactured Home. A structure as defined by sec-
tion 18008.7 of the Health and Safety Code. "Multi-unit manufactured
housing" has the same meaning as "multifamily manufactured home", as
that term is defined by section 18008.7 of the Health and Safety Code.
(n) -N-
( 1 ) N.F.P. A. An acronym for the National Fire Protection Association.
(2) Noncombusfible. As applied to building construction is any mate-
rial which meets the criteria for "noncombustible" as specified in section
215 of the California Building Code.
(3) Nuisance. A "nuisance" is as defined in Civil Code section 3479;
a "private nuisance" is as defined in Civil Code section 3481 ; and a "pub-
lic nuisance" is as defined in Civil Code secfion 3480 and Penal Code sec-
tion 370.
(0) -O-
(1) Occupant. For the purposes of this chapter, a person who lawfully
occupies a unit on a lot.
(2) Occupied Area. The total of all the space occupied by a unit, includ-
ing eave overhangs and projections; building components; and all acces-
sory buildings or structures, on a lot.
(3) Operator. The person or entity to whom a permit to operate is issued
by the enforcement agency.
(4) Owner. The person or entity that legally owns or possesses an item,
property, or business through title, lease, registration or other legal docu-
ment.
(P) -P-
(1) Park. For purposes of this chapter, is any special occupancy park.
(2) Park Trailer. A recreafional vehicle as defined in Health and Safety
Code secfion 18009.3.
(3) Pafio. A paved or raised area not to exceed eight (8) inches in
height, used for access or recreafional acfiviues.
(4) Permanent Building. Any permanent structure under the control
and ownership of the park owner or operator which is not on a lot and is
expressly used in the operation of the park such as for the park office, a
community center, or park storage facilities.
(5) Permit to Operate. A permit issued annually by the enforcement
agency authorizing operation of a park.
(6) Pier. A verfical support constructed of concrete, steel, or concrete
block for the transmission of loads from a unit, accessory building or
structure, or building component, to a foofing. A pier does not include the
foofing.
(7) Porch. A freestanding, outside walking platform with an area ex-
ceeding twelve (12) square feet, having any porfion of the floor or deck
surface elevated more than eight (8) inches above grade.
(8) Power Supply Cord. A flexible cord assembly of conductors, in-
cluding a grounding conductor, connectors, attachment plug cap, and all
other fitfings, grommets or devices, designed for the purpose of deliver-
ing electrical energy from the park's lot electrical service equipment to
the branch circuit distribution panelboard of the unit.
(9) Private Fire Hydrant. See "Fire Hydrant, Private".
(q)-Q-
Reserved
(r)-R-
(1) Ramada. Any freestanding roof, or shade structure, installed or
erected above a unit or accessory building or structure or any portion
thereof.
(2) Ramp. An accessory structure providing a sloping path of travel,
intended for pedestrian traffic.
(3) Recreafional Vehicle. A vehicle as defined in secfion 1 8010 of the
Health and Safety Code and includes a park trailer, as defined in secfion
18009.3 of the Health and Safety Code
(4) Registered Owner. A person registered by the appropriate depart-
ment as the owner of the unit.
Page 84.1
Register 2008, No. 29; 7-18-2008
§2002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(5) Resident. For the purposes of this chapter, a person who lawfully
occupies a lot.
(6) Responsible Person. For purposes of this chapter, any of the fol-
lowing:
(A) The park owner or operator for park-owned property or facilities.
(B) An available person, employed by the park for emergencies, as de-
fined in section 1887 J. 8 of the Health and Safety Code.
(C) Any person or entity that obtains a permit to construct.
(D) The owner of a unit, accessory building or structure, or building
component.
(7) Retaining Wall. A wall designed to resist the lateral displacement
of soil or other materials.
(8) Roadway. A thoroughfare for vehicular traffic within a park.
(s) -S-
(1) Sanitation Station, Recreational Vehicle. A plumbing receptor de-
signed to receive the discharge of sewage holding tanks of self-contained
recreational vehicles and which is equipped with a water hose connection
for washing the receptor.
(2) Sewage Drain Lateral. That portion of the park drainage system
that extends to an individual lot drain inlet.
(3) Sewage Drainage System. All the piping within or attached to the
unit or accessory building or structure that conveys sewage or other liq-
uid wastes to the drain outlet.
(4) Sewer, Park. That part of the park sewage drainage system begin-
ning at the lot drain inlet or from a point two (2) feet downstream from
a permanent building drain connection and terminating at the public sew-
er or private sewer disposal system.
(5) Shall. "Shall" means required and includes "must" and "will".
(6) Skirting. Material used to enclose or partially enclose the area un-
der a unit or accessory building or structure.
(7) Standard Plan Approval (SPA). A plan approved by the depart-
ment, for an accessory building or structure or a commercial modular
foundation system to be installed or constructed on a repetitive basis, for
the purpose of obtaining a construction permit through an enforcement
agency.
(8) Stairway. A step or any configuration of steps or risers where the
run (length) of an individual tread or step does not exceed thirty (30) in-
ches, and which is designed to enable passage from one elevation to
another.
(9) Steel Pier. A steel support that incorporates into its structure an ad-
justable means of raising and leveling the unit or accessory building or
structure that the pier supports.
(10) Storage Building. An accessory building that may exceed ten (10)
feet in height or one hundred twenty (1 20) square feet of gross floor area
located on a lot, designed and used solely for storage of the personal
equipment and possessions of the unit's occupants. The construction of
a storage building shall comply with the California Building Standards
Code, and a permit to construct is required from the enforcement agency.
(11) Storage Cabinet. An accessory structure, not exceeding ten (10)
feet in height or one hundred twenty ( 1 20) square feet of gross floor area,
located on a lot, designed solely for the use and storage of the personal
equipment and possessions of the unit's occupants.
(12) Support. The entire pier and footing assembly, used to transfer the
loads of a unit, accessory building or structure, or building component to
the ground.
(13) Support System. A system of supports, which sustains the vertical
loads of a unit, accessory building or structure, or building component.
A support system does not include a foundation system.
(t)-T^
(l)Technical Service. The providing of interpretation and clarification
by the enforcement agency of technical data and other information relat-
ing to the application of this chapter.
(2) Temporary Recreational Vehicle Park. Any area or tract of land
where two (2) or more lots are rented or leased or held out for rent or lease
to owners or users of recreational vehicles and which is established for
one (1) operation not to exceed eleven (11) consecutive days, and is then
removed.
(3) Tent. Any enclosed structure or shelter fabricated entirely or in ma-
jor part of cloth, canvas, or similar material supported by a frame.
(4) Tent Camp. An area or tract of land where two (2) or more lots or
sites are rented or leased or held out for rent or lease for the exclusive use
of tent campers.
(5) Testing Agency. An organization which:
(A) Is in the business of testing equipment and installations;
(B) Is qualified and equipped for such experimental testing;
(C) Is not under the jurisdiction or control of any manufacturer or sup-
plier for any affected industry;
(D) Maintains at least an annual inspection program of all equipment
and installations currently listed or labeled.
(E) Makes available a published directory showing current listings of
manufacturer's equipment and installations which have been investi-
gated, certified and found safe for use in a specified manner and which
are listed or labeled by the testing agency; and
(F) Is approved by the department.
(u)-U-
(1) Unit. A manufactured home, mobilehome, multifamily manufac-
tured home, recreational vehicle, or camping cabin.
(V) -V-
(1 ) Violation. A failure to conform to the requirements of this chapter,
or any other applicable provision of law.
(w)-W-
( 1 ) Water Connector. The flexible extension connecting the water dis-
tribution system of the unit or accessory building or structures to the
park's lot water service outlet.
(2) Water Distribution System. All of the water supply piping within
a park, extending from the main public supply or other source of supply
to the park's lot water service outlets and including branch service lines,
fittings, control valves, and appurtenances.
(3) Water Main, Park. That portion of the water distribution system
which extends from the main, water meter, or other source of supply to
the branch water service lines.
(4) Water Supply Connection. The fitting or point of connection of the
unit's or accessory building or structure's water distribution system de-
signed for connection to a water connector.
(5) Working Days. All days except Saturdays, Sundays, and applica-
ble local, state and federal holidays.
(6) Workmanlike. Work performed to the acceptable quality of gener-
ally recognized industry standards that does not compromise strength,
function, or durability.
(X) -X-
Reserved
(y) -Y-
Reserved
(z) -Z-
Reserved
NOTE: Authority cited: Sections 18865, 18865.05 and 18873, Health and Safety
Code. References: Sections 18007, 18008, 18008.5, 18008.7, 18009.3, 18010,
18013.4, 18861, 18862, 18862.15, 18862.33, 18862.35, 18866.3, 18871.4, 18872,
18872.2, 18873, 18873.1, 18873.2, 18873.3, 18873.4, 18873.5 and 18909, Health
and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of section and Note filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of subsection (c)(15) and History 2 (Register 2005, No.
33).
4. Amendment of subsections (a)(3), (e)(8), (f)(8)(M) and (s)(8) and amendment
of Note filed 12-26-2006; operative 1-2-2007 pursuant to Government Code
section 1 1343.4 (Register 2006, No. 52).
5. Change without regulatory effect amending subsection (m)(l), adding subsec-
tions (m)(2)-(4) and amending subsection (u)(]) filed 7-14-2008 pursuant to
section 100, title 1, California Code of Regulafions (Register 2008, No. 29).
Page 84.2
Register 2008, No. 29; 7-18-2008
Title 25 Special Occupancy Parks § 2003
§ 2003. Manufactured Homes and Mobilehomes. Note: Authoriiy cited: Section 18865, Health and Safety Code. Reference: See-
Whenever a mobilehome or manufactured home, or an accessory t'O" 18871.10, Health and Safety Code.
building or structure related thereto, is installed pursuant to section 21 J 8 History
I ., . ^ ,, ^. . , . , ,, 1 1- New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
in a park, the installation, use, maintenance, and occupancy shall comply ^^^^ ^^^,1^^ ^ ,343 4 (Rggi^fe,. 2004, No. 28).
with the requirements of chapter 2, commencing with section 1 000 of this
division.
[The next page is 84.3.]
Page 84.2(a) Register 2008, No. 29; 7-18-2008
Title 25
Special Occupancy Parks
§ 2004.5
§ 2004. Local Enforcement.
(a) Assumption of responsibility for the enforcement of Parts 2.1 and
2.3 of Division J 3, of the California Health and Safety Code and the pro-
visions 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 sub-
ject to department approval:
(1) Indication of assumption of responsibility for enforcement of Parts
2.1 and 2.3 of Division 13 of the Health and Safety Code, and the provi-
sions of Title 25, California Code of Regulations, Division 1, Chapters
2 and 2.2.
(2) Name of the agency or agencies delegated enforcement responsibi-
lities.
(3) A statement that the designated local enforcement agency will pro-
vide qualified personnel necessary to enforce Parts 2.1 and 2.3 of Divi-
sion 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 responsi-
bility 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 provi-
sions 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 con-
tained 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, in-
cluding 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 Ad-
ministrative 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, Apphcation for Permit to Operate;
(2) HCD 503B, Annual Permit to Operate.
(d) The department shall determine the local agency's knowledge and
ability to apply the requirements of Title 25, California Code of Regula-
tions, Division 1, Chapters 2 and 2.2, and the applicable Health and Safe-
ty 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 en-
forcement and the designated department or departments responsible for
enforcement and permit issuance.
(f) Every enforcement agency shall comply with the verification of eli-
gibility 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 2005.5, in order to en-
sure that the orderly transition of assumption of enforcement occurs
when a park, or permanent building within a park, is under construction,
the enforcement agency issuing the permit to constmct shall retain en-
forcement authority for the specified project through completion of those
permits. All other enforcement responsibilities shall be transferred 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 de-
partment'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 significant changes in
the personnel responsible for enforcing the provisions of this chapter.
Chapter 2 and secfions 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 reevaluafion to determine whether the personnel have the required
knowledge and ability as required in subsection (d) of this section.
()) When a local enforcement agency changes its address, phone num-
ber, or contact person, it shall notify the Administrative Office of the de-
partment in writing within thirty (30) days of the change.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18862.17, 18865, 18870.6 and 18870.7, Health and Safety Code.
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
2. Amendment of section and Note filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 2004.5. Complaint Investigations.
(a) When a complaint alleging violations of this Chapter, Chapter 2 or
Secfions 18200 through 18700 and 18860 through 18874 of the Health
and Safety Code is referred to a local enforcement agency, the agency
shall do the following:
(1) Make reasonable efforts to contact the complainant to discuss the
complaint. If the issue addressed within the complaint exceeds the au-
thority or jurisdicfion of the enforcement agency, the complainant shall
be so advised, and shall be directed, when possible, to the appropriate
governing entity.
(2) Invesfigate allegations of violations represenfing an immediate
risk to life, health, or safety within five (5) days of receipt of the com-
plaint by the agency.
(3) Invesfigate allegations of violafions represenfing an unreasonable
risk to health or safety within thirty (30) days of receipt by the agency.
(4) Discuss the results of the investigation with the complainant, or
provide the results in writing, if requested by the complainant.
(b) When a complaint is referred to a local enforcement agency from
the Office of the Mobilehome Ombudsman (Office), the local enforce-
ment agency shall, no later than thirty-five (35) days following its receipt
of the complaint, submit a written report detailing the final results of the
investigation to the Office, or its designee.
(c) When an inspecfion as a result of a health and safety complaint re-
sults in a written order to correct for a violafion of this chapter and a rein-
specfion reveals that the cited person failed to correct the violafion, the
enforcement agency shall be compensated by the person responsible for
correcfion of violation for any subsequent reinspection to verify correc-
fion of the violation at the following hourly rate.
(1) one hundred ninety-six dollars ($196) provided the reinspecfion
does not exceed one hour. When the reinspection exceeds one hour, the
following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fracfional part thereof forty-one dol-
lars ($41).
NOTE: Authority cited: Sections 18153, 18300 and 18865, Health and Safety
Code. Reference: Sections 18153, 18300, 18862.17, 18865, 18866 and 18866.5,
Health and Safety Code.
Page 84.3
Register 2006, No. 52; 12-29-2006
§2005
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section ] 1343.4 (Register 2004, No. 28).
2. New subsections (c)-(c)(])(B) and amendment of Note filed 12-29-2005; op-
erative 1-1-2006 pursuant to Government Code section 11343.4 (Register
2005, No. 52).
§ 2005. Local Government's Cancellation of Enforcement
Responsibility.
(a) An enforcement agency intending to relinquish responsibility for
enforceiTient authority shall advise the departinent, no less than thirty
(30) days prior to initiating the requireinents of subsection (b).
(b) A governing body canceling its enforcement responsibility shall
complete the following to the department's satisfaction before the trans-
fer is effective:
(1) provide written notification to the department not less than thirty
(30) days prior to the proposed effective date of the action, along with a
copy of the ordinance repealing enforcement responsibility,
(2) remit the appropriate fees to the departinent as identified in section
2006 of this article on or before the date of transfer of responsibility.
(3) transfer all park records to the department on or before the effective
date of the transfer of enforcement responsibility.
(c) When the local agency cancels its enforcement responsibility for
this chapter, its responsibility for enforcement of chapter 2 of this divi-
sion is also cancelled.
(d) When a local enforcement agency has canceled its assumption of
responsibility for enforcement and desires to reassume enforcement, it
must reapply in compliance with the requirements contained in section
2004 of this article.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18862.17 and 18865, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 2005.5. Revocation of Local Enforcement Authority.
(a) When the department determines that a local enforcement agency
has failed to properly enforce, parts 2.1 or 2.3, of division 13, of the
Health and Safety Code or chapters 2 or 2.2 of this division, the depart-
ment shall notify the governing body of the local enforcement agency by
providing written documentation which identifies the deficiencies re-
quiring correction.
(b) The local enforcement agency shall have thirty (30) days from the
date it receives the department's written determination to initiate correc-
tion of the deficiencies. Initiation of correction shall mean:
(1) Completion of a written plan of action submitted to the department
identifying the corrective action for each deficiency, including at least
the following:
(A) Acknowledgement of the deficiencies.
(B) The action to be taken to correct each deficiency.
(C) The personnel involved in the correction.
(D) Timelines for completion of all corrections.
(E) Ongoing oversight to prevent reoccurrences of noted deficiencies.
(2) Implementation of the plan of action by the local enforcement
agency and other actions required by the department prior to completion
of the plan of action.
(c) The department shall, within thirty (30) days of receipt of the plan
of action, review and provide a written response to the governing body
regarding the proposed plan.
(d) If the local enforcement agency fails to prepare an adequate plan
of action or implement corrective measures within thirty (30) days re-
garding the deficiencies specified in subsection (a), the department may
revoke its approval of local assumption responsibility and resume en-
forcement responsibilities.
(e) Within thirty (30) days following the department's revocation of
assumption approval, remit the appropriate fees as defined in section
2006 of this article and transfer all park records to the department.
(f) When a local enforcement agency has had its assumption of respon-
sibility for enforcement revoked and desires to reassume enforcement,
it must reapply in compliance with the requirements contained in section
2004 of this article.
NOTE: Authority cited: Sections 18300 and 1 8865, Health and Safety Code. Ref-
erence: Sections 18300 and 18865, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2006. Transfer of Authority — Disbursal of Fees.
(a) When a city, county, or city and county assumes responsibility for
the enforcement 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, cancels its assumption of such responsibility, or has
assumption approval cancelled by the department during the permit re-
newal year, that portion of the fees collected for the annual permits to op-
erate, other than state fees pursuant to section 2008 of this article, shall
be apportioned as follows:
(1) When assumption of enforcement responsibility occurs more than
six (6) months preceding the next permit to operate renewal date, the for-
mer enforcement agency shall retain one-half of each annual permit to
operate fee collected and shall transfer the remaining half to the assuming
jurisdiction.
(2) When assumption of enforcement responsibility occurs less than
or exactly six (6) months preceding the next permit to operate expiration
date, the former enforcement agency shall then retain the full amount col-
lected.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18865 and 18870.2, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 2006.5. Permit to Operate Required.
(a) No person shall operate a park, or a portion of a park, or rent, lease,
sublease, hire out, or let out for occupancy any new or existing lot in a
park without a current permit to operate issued by the enforcement
agency.
(b) Applications for a permit to operate a temporary recreational ve-
hicle park shall be submitted to the enforcement agency at least thirty
(30) days prior to the intended date of operation. Evidence of approvals
from the local planning agency, health and fire departments and, if utili-
ties are installed, the local utility companies shall be submitted with the
application for the permit to operate.
(c) Application for a permit to operate an incidental camping area shall
be on forms supplied by the enforcement agency, and shall be accompa-
nied by two (2) sets of the following exhibits:
(1) A map or plot plan of the area or tract of land proposed to be used
for incidental camping.
(2) A description of the facilities to be provided for the use of campers.
(3) A statement of the proposed use of the incidental camping area,
which shall include:
(A) Approximate dates of occupancy, or a statement that the facility
is intended to be operated year-round;
(B) Type of use intended, including use of recreational vehicles for
camping purposes, if any;
(C) Number and type of sanitary facilities; and
(D) Maximum number of camping parties to be accommodated at any
one time.
(4) Evidence of approval by local planning, health and fire depart-
ments.
(d) When the applicant proposes to construct or install common facili-
ties for the use of campers, or to construct or install facilities to supply
fuel gas, water or electricity to campers, or to dispose of sewage or waste
from recreational vehicles, a permit to construct for such facilities shall
first be obtained in accordance with the provisions of this article.
(e) When camping cabins are installed in a park, the lot number of cab-
ins shall be recorded at the time of inspection and added to the comments
Page 84.4
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2014
section of the park's permit to operate by the enforcement agency. An
amended permit to operate is not required to be printed.
Note-. Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18870, 18870.1, 18870.2 and 18870.6. Health and Safety Code.
History
1 . New section filed 7-6-2004; operative: 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 2007. Applicant Documentation.
When applying for a permit to operate a park, or for the renewal or
amendment of any such permit, if the appHcant has not previously been
determined to be eligible to receive public benefits, the applicant shall
present to the enforcement agency such documentation as the department
may require to demonstrate the applicant's eligibility to receive public
benefits pursuant to chapter 5.5, beginning with section 5802.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Title
8. U.S.C. Sections 1621, 1641 and 1642; and Section 18865. Health and Safety
Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2008. Annual Permit to Operate Fees.
(a) Permit to operate fees shall be as follows:
(1) Annual permit to operate fee of twenty-five dollars ($25); and
(2) an additional two dollars ($2) per lot, or per campsite; and
(3) an additional four dollars ($4) per manufactured home or mobile-
home lot; and
(4) A state fee as contained in Table 2008-1.
Table 2008-1
Number of Lots
or Campsites
2-19
20-49
50-99
100-249
250-499
500 or more
State Fee
$40
$75
$175
$400
$800
$1,600
(b) The state fee is required to be paid annually.
(c) A permit to operate fee of twenty-five ($25), with no additional fee
for the lots, is required to operate a temporary recreational vehicle park.
NOTE: Authority cited: Sections 1 8865 and 18870.2, Health and Safety Code. Ref-
erence: Sections 18870.2, 18870.3 and 18870.6, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 2009. Permit to Operate — Penalty Fees.
(a) Permits to operate shall have the following penalty fees applied as
applicable:
(1) When an application is submitted thirty (30) or more days late, the
permit to operate fees shall be increased an amount equal to ten (10) per-
cent of the established fee.
(2) When an application is submitted sixty (60) or more days late, the
permit to operate fees shall be increased an amount equal to one hundred
(100) percent of the established fee. ;
(3) Any park operating without a perrhit to operate shall pay double the
established fees and those fees shall be due upon demand of the enforce-
ment agency.
(b)The postmark shall be used to detfermine the submittal date for im-
posing annual permit to operate penalty fees prescribed by Health and
Safety Code section 18870.7 and this section.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18870.7, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 201 0. Permit to Operate — Construction Completed.
(a) Upon final approval by the enforcement agency of the construction
of lots and facilities, the applicant shall submit an applicadon for permit
to operate, or amended permit to operate, on a form designated by the de-
partment, together with appropriate fees as specified in sections 2008 and
2009 of this article, to the enforcement agency. The designated form shall
be submitted as follows:
(1) When the department is the enforcement agency, the applicant
shall submit the applicadon for permit to operate to the department. Upon
approval of the application by the department, an annual permit to oper-
ate shall be issued to the applicant.
(2) When a local enforcement agency has enforcement responsibili-
ties, the applicant shall submit the application, to that agency. Upon ap-
proval of the application by the local enforcement agency, that agency
shall provide one (1) copy of the approved application to the applicant
and, within five (5) working days after approval, one (1 ) copy, along with
the state fees required by section 2008 of this article, to the Division of
Codes and Standards, P.O. Box 1 407, Sacramento, CA 958 1 2- 1 407. The
Division of Codes and Standards shall issue the inidal permit to operate
within ten (10) working days of receipt of the approved application. The
department shall provide copies of the permit to operate to the applicant
and the local enforcement agency. Subsequent years' annual permits to
operate shall be issued by the enforcement agency.
NOTE: Authority cited: Section 1 8865, Health and Safety Code. Reference: Sec-
tions 1 8870.2 and 1 8870.6, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2012. Department Copies of the Annual Permit to
Operate and Related Fees.
(a) Local enforcement agencies shall send a copy of each issued annual
permit to operate to the Division of Codes and Standards within thirty
(30) days following issuance.
(b) All local enforcement agencies shall forward to the Division of
Codes and Standards the state fees paid by the applicant pursuant to sec-
tion 2008 of this article within thirty (30) days of receipt.
(c) The department shall provide a supply of the annual permit to oper-
ate forms and application for permit to operate forms to any local en-
forcement agency making a request for the forms.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18870.2, 118870.3, 18870.6 and 18870.7, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2014. Required Reporting of Changes in Park Status.
(a) An operator of a park shall submit to the enforcement agency an
applicadon for an amended annual permit to operate within thirty (30)
days of any change in the information related to the annual permit to op-
erate. Changes in informadon shall include, but not be limited to:
(1) change of name, mailing address, or ownership; or
(2) change in the number of lots resuldng from the sale, lease, removal,
construction, or alteration of existing lots or facilities; or
(3) change of conditional uses specified on the annual permit to oper-
ate; or
(4) when a snow load roof maintenance program status is changed pur-
suant to section 2338 of article 7.
(b) A fee of ten dollars ($10) shall be submitted to the enforcement
agency with each application to amend the annual permit to operate. Only
one (1) fee of ten dollars ($10) shall be required for an amended annual
permit to operate, if more than one change can be processed on a single
application.
(c) An amended permit to operate shall be issued only by the depart-
ment initially for additional lots constructed on lots removed in an exist-
ing park. The local enforcement agency shall process the application as
specified in section 2010 of this chapter for permit issuance for new
construction.
(d) Notwithstanding subsection (c), when an amended permit to oper-
ate is issued by a local enforcement agency, a copy shall be forwarded
to the department, within thirty (30) days, clearly marked as "Amended"
on the face of the copy.
Page 84.5
Register 2006, No. 52; 12-29-2006
§2016
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE: Authority cited: Section 18865 and 18870.3. Health and Safety Code. Ref-
erence: Sections 18870.2, 18870.3, 18870.6 and 18870.8, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2016. Approval of Alternates and Equivalents.
(a) When the department is the enforcement agency, a request for ap-
proval of an alternate or equivalent means of meeting the requirements
of this chapter shall be submitted by the applicant to the department's
Northern or Southern area office.
(b) When a city, county, or city and county has assuiTied enforcement
responsibility for this chapter, the applicant shall submit the request for
this approval to the local enforcement agency. The local enforcement
agency shall forward the request to the department's Administrative Of-
fice of the Division of Codes and Standards, along with their written rec-
omiTiendation and rationale for approval or denial.
(c) The request for an alternate approval shall be submitted on forms,
as defined in Section 2002 of this chapter, provided by the department.
The form shall be accompanied by one (1 ) set of substantiating plans and/
or information together with the alternate approval fee of two hundred
three dollars ($203), payable to the department.
(d) When a request for an alternate approval is for the park, or signifi-
cantly affects property owned or operated by the park, including, but not
limited to, grading, utilities and setbacks, only the park owner or operator
may apply for the alternate approval.
NOTE: Authority cited: Sections 18865 and 18865.05, Health and Safety Code.
Reference: Sections 18865.6 and 18870.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 52).
3. Amendment of section and Note filed 12-26-2006; operadve 1-2-2007 pur-
suant to Government Code section 11343.4 (Register 2006, No. 52).
§2017. Technical Service Fee.
(a) Fees for technical services provided by the enforcement agency
shall be:
(1) one hundred ninety-six dollars ($196) provided the technical ser-
vice does not exceed one hour. When the technical service exceeds one
hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
NOTE: Authority cited: Sections 1 8865 and 1 8870.3, Health and Safety Code. Ref-
erence: Secfions 18870.3 and 18870.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 52).
§2018. Permits Required.
(a) No person shall erect, construct, reconstruct, install, replace, relo-
cate or alter any building, structure, camping cabin, accessory building
or structure, or building component; any electrical, mechanical, or
plumbing equipment; any fuel gas equipment and installations, or fire
protection equipment; or installations of, or within, a park, or a lot, or per-
form any non-load bearing grading or area fill with a depth of one ( 1 ) foot
or greater, unless exempted from obtaining a grading permit pursuant to
Appendix 33 of the California Building Code, without first obtaining a
written construction permit from the enforcement agency.
(b) No person shall create or change a lot line within a park without
first obtaining a permit from the enforcement agency pursuant to the re-
quirements of section 2105 of this chapter.
(c) Any person issued a notice indicating violations pursuant to tliis
section, shall obtain the required permit from the enforcement agency
and provide the appropriate fees as prescribed in this article.
(d) The enforcement agency shall not require a permit to constaict for
the following work, when the construction is performed in a workman-
like manner, does not present a hazard, and otherwise complies with the
requirements of this chapter:
(1) Minor maintenance and repair including replacement of existing
utility metering devices.
(2) The installation of a storage cabinet on a lot.
(3) Construction or installation of a stairway having a landing twelve
(12) square feet or less.
(4) A landing not more than twelve (12) square feet in area.
(5) Construction or installation of removable insect screening, flexible
plastic canvas type material used as an awning or as awning or carport
enclosures.
(6) Constmction or installation of a retaining wall less than four (4)
feet in height measured from the bottom of the footing to the top of the
wall, unless it is supporting a surcharge. For the purpose of this section,
a surcharge is any load imposed in addition to the normal soil load.
(7) Construction or installation of a patio, as defined in section
2002(p)(3).
(8) Fences not over six (6) feet high.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18870, 18870.8, 18872 and 18872.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of section and Note filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 2020.3. Application Requirements for Permits for
Accessory Structures and Camping Cabins.
(a) A person required to obtain a permit to install an accessory struc-
ture or camping cabin, shall submit an application for the permit to
construct to the enforcement agency, on a form prescribed by that
agency.
(b) The application for the permit to construct shall be accompanied
by fees as specified in section 2020.7 of this article, or section 2020.4
when using plans with a standard plan approval.
(c) A person submitting an apphcation for a permit to construct an ac-
cessory structure or install a camping cabin shall, in addition to the re-
quirements of section 2034 of this chapter, submit three (3) copies of a
plot plan for the lot where the accessory structure or camping cabin is to
be constructed, on the form prescribed by the department, indicating the
planned location of the accessory structure or camping cabin on the lot
and all required dimensions and setbacks from the lot lines and structures
on the same and adjoining lots. At least one (1) copy of the plot plan shall
bear the original signature of the park owner or his or her designated rep-
resentative.
(d) When a person files applications simultaneously to construct or
install two (2) or more accessory structures or camping cabins which are
identical and are within the same park, only one (1) plan check fee shall
be required.
(e) If an application for a permit to constmct is in complete or does not
conform to this chapter, the enforcement agency shall notify the appli-
cant in what respects application does not comply in writing within ten
10 working days of the date they are received by the department. The ap-
plicant shall resubmit a corrected application or plans within ninety (90)
days of the notification, or within 90 days of any subsequent notification
relating to a resubmittal, along with the resubmission fees required by
subsections 2020.4 or 2020.7 of this chapter as applicable.
(f) A single permit may be issued for all accessory structures to be
erected or installed concurrently on the same lot including electrical, me-
chanical and plumbing installations in each accessory structure. If the ap-
plicant requests individual permits, they may be obtained for structural,
electrical, mechanical and plumbing installations, and are subject to sep-
arate individual fees.
Page 84.6
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§ 2020.7
•
NOTE: Authority cited: Sections 1 8865 and 1 8871 .3, Health and Safety Code. Ref-
erence: 18865, 18870, 18870.5 and 18871.3j Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 2020.4. Fees for Accessory Structure Permits With a
Standard Plan Approval.
(a) The following permit fees shall apply for accessory structures that
have a standard plan approval:
(1) Inspection Fee: One hundred ninety-six dollars ($196) provided
the inspection does not exceed one hoiir. When the inspection exceeds
one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41). ;
(2) Reinspection Fee: One hundred seventy-eight dollars ($178) pro-
vided the reinspection does not exceed one hour. When the reinspection
exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(b) Fees for accessory structures that do not have the department's
standard plan approval issued in accordance with Section 2020.9 of this
article shall be determined using the valuation table contained in Section
2020.7 of this article.
(c) Electrical, mechanical, and plumbing permit fees for installations
in accessory structures shall not exceed those contained in this chapter.
(d) Plan check fees shall not be required for accessory structures for
which a standard plan approval has been obtained from the department.
NOTE: Authority cited: Sections 18865, 18870.3 and 18871.3, Health and Safety
Code. Reference: Sections 18865, 18870, 18870.2, 18870.3, 18870.4 and
18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 17-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No, 28).
2. Amendment of subsections (a)(3)-(b) filed 7-22-2005; operative 7-22-2005
pursuant to Government Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of section heading and History 2 (Register 2005, No. 33).
4. Amendment of section heading and section filed 12-29-2005; operative
1-1-2006 pursuant to Government Code section 1 1343.4 (Register 2005, No.
52).
§ 2020.6. Application Requirements for Permits for Park
Construction or Alteration.
(a) This section applies to any person submitting an application pur-
suant to section 2018, for a permit to construct or alter any of the follow-
ing:
(1) A park;
(2) An addition to a park;
(3) An alteration to a park;
(4) A permanent building in a park;
(5) An accessory building or structure without a standard plan approv-
al.
(b) A person who is required to obtain a permit to construct, pursuant
to section 18870 of the Health and Safety Code, shall submit an applica-
tion for a permit to construct to the enforcement agency, with the ap-
propriate fees as specified in section 2020.7 of this article, on the form
prescribed by that agency.
(c) A person submitting an application pursuant to this section shall
submit three (3) complete sets of plans and specifications or installation
instructions, as required by section 2034 of this chapter.
(d) Applications for permits to construct or enlarge a park, shall be
submitted with written evidence of cornphance with California Environ-
mental Quality Act (Public Resources Code Division 13, commencing
with section 21000), and written evideiice of approvals by all of the fol-
lowing:
(1) the local plaiming agency,
(2) the local health, fire, and public works departments,
(3) the local department responsible for flood control,
(4) the serving utilities, and
(3) any other state or federal agency or special district that has jurisdic-
tion and would be impacted by the proposed construction.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18870, 18870.1, 18870.2, 18870.3, 18870.4 and 18872, Health and Safety
Code.
History
1. New section filed 7-6-2004; operafive 7-6-2004 pursuant to Government
Code secdon 11343.4 (Register 2004, No. 28).
§ 2020.7. Permit Fees for Park Construction or Alteration.
(a) Any person submitting an apphcation for a permit to construct with
plans not having a department standard plan approval shall pay the fol-
lowing fees, as applicable:
(1) Permit Fee. For the purpose of determining fees, the enforcement
agency may establish the permit fee in accordance with subsection (f) or
(g) of this section as appropriate. However, the minimum permit fee shall
be one hundred ninety-six dollars ($196) provided the initial related in-
spection associated with this permit does not exceed one hour. When the
related inspection exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(2) Plan Check Fee. One-half (1/2) of the combined total of construc-
tion, mechanical, plumbing, and electrical permit fees. However, the
minimum fee shall be ten dollars ($10).
(b) Reinspection Fee: One hundred seventy-eight dollars ($178) pro-
vided the reinspection does not exceed one hour. When the reinspection
exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(c) When any person files applications simultaneously to construct
two (2) or more permanent buildings, or accessory buildings or structures
which are identical and are within the same park, only one (1) plan check
fee shall be required.
(d) Electrical, mechanical, and plumbing permit fees shall not exceed
those contained in this chapter.
(e) When plans and specifications fail to comply with the requirements
of this chapter, the enforcement agency shall notify the applicant in writ-
ing, staring in what respects the plans do not comply. The apphcant shall
correct the plans and/or specificarions and resubmit them to the enforce-
ment agency. The following fees are required for each resubmission of
plans or specifications subsequent to the initial plan check:
(1) Plan Check Fee. Two hundred three dollars ($203) provided the
plan check does not exceed one hour. When the plan check exceeds one
hour, the following fees shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(f) Fees for construction or alteration of facihties and installations on
lots and within parks shall be the sum of the following categories com-
prising the proposed work subject to the minimum amounts specified in
subsection (a)(1):
(1) For each lot $5.75
(2) Electrical Permit Fees.
Each park electrical service 14.00
Each unit substation or secondary distribution transformer . . 10.50
Each alteration or replacement of a service or a transformer . 1 0.50
Each park lot electrical service equipment 7.00
Each alteration, repair, or replacement of a park lot
electrical service equipment 7.00
Each street light including circuit conductors and
control equipment 3.00
Page 84.7
Register 2006, No. 52; 12-29-2006
§ 2020.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) Plumbing Permit Fees.
Each park sewage drainage system 14.00
Each private sewage disposal system or park water
treatment installation 14.00
Each lot drain inlet 7.00
Each alteration or repair of drainage or vent piping 7.00
Each park water distribution system 7.00
Each park lot water service outlet or outlets at the same
location 4.25
Each fire hydrant or riser 4.25
Each individual lot water conditioning installation 4.25
Each alteration, repair or replacement of water fixtures
or equipment 4.25
(4) Gas Piping Permit Fees.
Each park gas piping system 7.00
Each installation of a Hquefied petroleum or natural gas
tank of 60 gallon capacity or more 7.00
Each gas riser outlet 4.25
Each alteration, repair, or replacement of park's gas
piping system 4.25
(5) Each installation of equipment regulated by this
chapter for which no other fee is listed 7.00
(g) Permit fees for a permit to construct accessory buildings or struc-
tures without a standard plan approval from the department, and founda-
tion systems, permanent buildings, and/or electrical, mechanical, and
plumbing installations within or on permanent buildings, or accessory
buildings or structures shall be the sum of the following categories com-
prising the proposed work subject to the minimum amounts specified in
subsection (a)(1):
(1) Table A. Construction Permit Fees.
Total Valuation Fee
$2,000 or less $45.00
$2,001 to $25,000 $45.00 for the first $2,000 plus
$9.00 for each additional thousand or
fraction thereof, to and including $25,000.
$25,001 to $50,000 $252.00 for the fu:st $25,000
plus $6.50 for each additional thousand
or fraction thereof, to and including
$50,000.
$50,001 to $100,000 $414.50 for the fu-st $50,000
plus $4.50 for each additional thousand or
fraction thereof, to and including $100,000.
$100,001 to $500,000 $639.50 for the first $100,000
plus $3.50 for each additional thousand or
fraction thereof, to and including $500,000.
$500,001 to $1,000,000 $2,039.50 for the first $500,000
plus $3.00 for each additional thousand or
fraction thereof, to and including
$1,000,000.
$1,000,001 and up $3,539.50 for the first $1,000,000
plus $2.00 for each additional thousand or
fraction thereof
(2) Table B. Mechanical and Plumbing Permit Fees.
Each plumbing fixture, trap, set of fixtures on one trap, including
water, drainage piping and backflow protection therefore $3.00
Each building sewer 14.00
Each private sewage disposal system 14.00
Each water heater and/or vent 7.00
Each gas piping system of one to five outlets 7.00
Each gas piping system for six or more outlets, per outlet 1.50
Each gas regulator 1 .50
Each water branch service outlet or outlets at the same location, or
each fixture supply 1 .00
Each installation of water treating equipment 7.00
Alteration or repair of water piping or water treating equipment 7.00
Alteration or repair of drainage or vent piping 7.00
Each lawn sprinkler system on any one meter, including backflow
protection devices 7.00
Vacuum breakers or backflow protective devices on tanks, vats, etc.,
or for installation on unprotected plumbing fixtures: one to five 3.00
over five, each additional 1.00
The installation or relocation of each forced-air or gravity-type
furnace or burner, including ducts and vents attached to such
appliance, up to and including 100,000 Btu 14.00
The installation or relocation of each forced-air or gravity-type
furnace or burner, including ducts and vents attached to such
appliance over 100,000 Btu 21 .00
The installation or relocation of each floor furnace, including vent 7.00
The installation or relocation of each suspended heater, recessed
wall heater or floor-mounted unit heater 7.00
The installation, relocation or replacement of each appliance vent
installed and not included in an appliance permit 7.00
The repair of, alteration of, or addition to each heating appliance,
refrigeration unit, comfort cooling unit, absolution unit, or each
comfort heating, cooling, absoiption, or evaporative cooling
system, including installation of controls 14 .00
The installation or relocation of each boiler or compressor to and
including three horsepower or each absorption system to and
including 100,000 Btu 14.00
The installation or relocation of each boiler or compressor over three
horsepower or each absorption system over 100,000 Btu 21 .00
Each air handling unit, including ducts attached thereto 7.00
Note: This fee shall not apply to an air handling unit which is a portion of a facto-
ry-assembled appliance, comfort cooling unit, evaporative cooler or absorption
unit for which a permit is required elsewhere in this chapter.
For each evaporative cooler other than portable type 7.00
For each vent fan connected to a single duct 3.00
For each vent ventilation system which is not a portion of any
heating or air conditioning system authorized by a permit 7.00
Each installation of equipment regulated by this subchapter for
which no other fee is listed 7.00
(3) Table C. Electrical Permit Fees.
Each wiring outlet where current is used or controlled, except
services, sub-feeders and meter outiets 35
Each fixture, socket or other lamp holding device 35
Each motor of not more than 50 h.p 4.25
Each motor of more than 50 h.p 10.50
Each mercury arc lamp and equipment 1 .00
Each range, water heater or clothes dryer installation 7.00
Each space heater or infrared heat installation 1.50
Each stationary cooking unit, oven, or space heater 1 .50
Each garbage disposer, dishwasher, or fixed motor-operated
appliance not exceeding 1/2 h.p 1.50
Working light in buildings in course of construction or undergoing
repairs, or where temporary lighting is to be used 3.00
Each incandescent electric sign 1.50
Electric signs or outiine lighting, luminous gas type with: 1 to 4
transformers 3.00
Additional transformers, each 35
Each rectifier and synchronous converter, per K.W 35
Each additional circuit for a mobile home accessory building
or stnicture or other electrical equipment 1 .50
Each service:
600 volts or less, not over 200-amperes 7.00
600 volts or less, over 200-amperes 10.00
Over 600 volts 14.00
Each installation of equipment regulated by this subchapter for
which no other fee is listed 7.00
NOTE: Authority cited: Sections 18865, 18870.3 and 18871.3, Health and Safety
Code. Reference: Sections 18870.2, 18870.3 and 18870.4, Health and Safety
Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of section heading and section filed 12-29-2005; operative
1-1-2006 pursuant to Government Code section 11343.4 (Register 2005, No.
52).
§ 2020.9. Application and Fee Requirements for Standard
Plan Approvals.
(a) A standard plan approval is available from the department for a
plan for an accessory structure constructed and installed pursuant to this
article and Article 9 of this chapter.
(b) In order to obtain a standard plan approval, the applicant shall sub-
mit to the department the following items:
(1) A completed application for standard plan approval on the form,
as defined in Section 2002 of this chapter, designated by the department.
•
Page 84.8
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§ 2020.9
•
(2) Three (3) copies of the plans, specifications, and/or installation
instructions, if applicable, and two (2) copies of the design calculations,
when required, to substantiate the design, Specifications shall be shown
on the plan. Design calculations shall be submitted separately from the
plan sheet.
(3) An application fee of two hundred three dollars ($203) for each
plan.
(4) Plan check fee. Two hundred three dollars ($203) provided the plan
check does not exceed one hour. When the plan check exceeds one hour,
the following fees shall apply: ;
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(5) Additional plan check fees shall be due and payable prior to the is-
suance of a plan approval or a revised plali approval, if more than one (1)
hour is required to conduct the plan check.
(6) When plans and specifications fail tb comply with the requirements
of this chapter, the enforcement agency shall notify the applicant in writ-
ing, stating in what respects the plans do not comply. The applicant shall
correct the plans and/or specifications and resubmit them to the enforce-
ment agency or withdraw them from consideration, forfeiting all sub-
mitted fees.
(7) An Identification Label of Approval shall be provided for each ac-
cessory building or structure to be manufactured under the standard plan
approval, and each accessory building or structure shall have an ap-
proved identification label of approval attached in a visible location.
(8) The actual identification label shall be submitted to the department
for approval with the application for a standard plan approval prior to is-
suance of the approval. The approved identification label of approval
shall:
(A) be not less in size than three (3) inches by one and one-half (1 1/2)
inches; [
(B) contain the following information, as applicable;
ACCESSORY BUILDING OR STRUCTURE
1 . Name of Manufacturer
2. Standard Plan Approval No. ,
3. Designed for:
lbs. per square foot roof live load
lbs. per square foot horizontal wind load
lbs. per square foot snow load
lbs. per square foot floor live load
lbs. per square foot wind uplift load
4. Structure (may) (may not) be enclosed.
Department of Housing and Community Development
(C) be provided by the manufacturer and be permanently imprinted
with the information required by this section;
(9) The identification label of approval shall be either Type I, II, or III
as specified in this section, each capable of a ten (10) year life expectancy
when exposed to ordinary outdoor environments. Letters and numbers
shall be bold Gothic or similar style, varied for emphasis, as large as
space permits, with the minimum size being 5/64 inch. Wording shall be
easily read and concise. Where permanent type adhesives are used on
Type I, II, or III plates, adhesives shall have a minimum thickness of .004
inches and the plates shall be affixed to a relatively smooth surface.
(A) Type I. Rigid metal plates affixed by screws, rivets, or permanent
type adhesives.
Minimum size: one and one-half (1 1/2) inches by three (3) inches by
.020 inches thick net dimensions (inside fastener heads).
Material: Aluminum, brass or stainless steel etched, stamped, en-
graved, or embossed to 0.015-inch minimum depth differential, color
anodized or enamel filled.
(B) Type II. Flexible metal plates affixed by permanent adhesives, ei-
ther pressure sensitive acrylics or solvent activated resins.
Minimum Size: .005 inch by one and one-half (1 1/2) inches by three
(3) inches.
Material: Aluminum foil etched or stamped to .001 inches minimum
depth differential with color anodized background.
(C) Type III. Metalized Mylar (polyester), surface bonded.
Minimum Size: .003 inches by one and one-half (1 1/2) inches by
three (3) inches.
Material: Aluminum/vinyl surface bonded (to be used for nameplates
where variable information is required by embossing, which can be done
with a conventional typewriter).
Minimum Size: .006 inches by one and one-half (1 1/2) inches by three
(3) inches.
(c) Plans submitted to the department shall be on sheets of paper no
smaller than eight and one-half (8 1/2) inches by eleven (11) inches, and
no larger than thirty (30) inches by forty-two (42) inches.
(1) Plans shall indicate the details of connections, dimensions, foot-
ings, foundations, general notes and method of installation necessary for
the design and construction of the system.
(2) A plan shall indicate only one model or type of system.
(3) Each plan sheet shall provide a space not less than three (3) inches
by three (3) inches for the department' s standard plan approval stamp and
number.
(4) When the design of the system requires an engineering analysis of
structural parts and methods of construction, such as required for an engi-
neered tiedown system or engineered accessory building or structure, the
plans, specifications, and calculations shall be signed by an architect or
engineer.
(5) Each plan shall be identified by a model number.
(d) If an application or plans are incomplete or do not conform to this
chapter, the applicant shall be notified in writing within ten (10) working
days of the date they are received by the department. The applicant shall
resubmit a corrected application or plans within ninety (90) days of the
notice, or within ninety (90) days of any subsequent notification relating
to a resubmittal, along with the fees required by Section 2020.9 of this
section.
(e) Should the applicant cancel the application for the standard plan
approval prior to obtaining department approval, all fees submitted will
be retained by the department for services rendered.
(f) A standard plan approval shall expire twenty-four (24) months
from the date of the department's approval as designated on the depart-
ment's stamp of approval placed on the plans.
(g) A standard plan approval may be renewed on or before the expira-
tion date by submitting an application, together with three (3) copies of
the plan as required by subsections (b)(1) and (2), and a renewal fee of
two hundred three dollars ($203).
(1) Renewal of a standard plan approval is permitted only when the
plan submitted is identical to the plan on file with the department.
(2) Each plan submitted for renewal shall provide a space not less than
three (3) inches by three (3) inches for the department's standard plan ap-
proval stamp and number.
(3) When a standard plan approval is renewed, the department-issued
number shall remain the same.
(h) An application for approval of revisions to a standard plan approv-
al, which does not change the structural system or method of the system's
Page 84.9
Register 2006, No. 52; 12-29-2006
§2030
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
construction, and is submitted prior to the approval's expiration date,
shall be submitted with the following documentation:
(1) three (3) copies of the revised plan and specifications;
(2) two (2) copies of the revised design calculations, as required by
subsection (b)(2); and
(3) the plan check fee, for the first hour, for each plan.
(i) An applicant with a revised standard plan approval shall submit the
following to the department:
(1) an application for a standard plan approval as specified in subsec-
tion (b)(1) above;
(2) copies as specified in subsections (h)(1) and (2) above; and
(3) a resubmission fee, as specified in Section 2020.9 above, for each
plan.
(j) A revised plan submitted pursuant to Section 2020.9 above, shall
be processed as provided by subsection (h) or subsection (h) or subsec-
tion (i), depending upon whether or not the changes to the plan are sub-
stantive. A plan submitted after the final expiration shall be processed as
a new application with appropriate fees assessed.
(k) When amendment of applicable laws or the department's regula-
tions requires changes to an approved plan, the department shall:
(1) notify the applicant of the changes, and
(2) allow the applicant one hundred eighty (180) days from the date of
notification to submit a revised plan for approval or until the expiration
date of the standard plan approval, whichever occurs first.
(/) Written approval shall be evidenced by the department's stamp of
approval on the plans. The stamp of approval shall include a unique de-
partment-issued standard plan approval identification number for each
approved plan, specification, or installation instruction.
(m) Standard plan approval for each accessory building or structure,
foundation system, or engineered tiedown system is contingent upon
compliance with the requirements of this article. The department may
conduct inspections to determine compliance with an approved plan.
Violation of any of the provisions of this article or variations from an ap-
proved plan shall be cause for cancellation of the standard plan approval.
(n) Reproductions of an approved plan bearing a department-issued
standard plan approval for the purpose of obtaining a permit to construct
a foundation system or accessory building or structure shall be clear and
legible.
(o) When an applicant who has obtained a standard plan approval, dis-
continues the business, has notified the department, or the department
makes that determination, the standard plan approval shall be canceled.
(p) The department shall be notified of any change in the name of an
applicant or change in name or ownership of an applicant's business. The
department may grant a standard plan approval to the new owner, if the
new owner provides a written certification that the accessory building or
structure foundation system or engineered tiedown system will be
constructed in accordance with the existing standard plan approval and
submits the completed form designated by the department, together with
a ten dollar ($10) fee. The certification, application, and fee shall be sub-
mitted for each plan with a separate standard plan approval.
(q) An applicant shall notify the department, in writing, within ten (10)
days of any change to their address. The notification shall be accompa-
nied with a ten dollar ($10) change of address fee.
(r) Plans with a standard plan approval from the department shall be
accepted by the enforcement agency as approved for the purpose of ob-
taining a construction permit if when the design loads and allowable soil
conditions specified in the plans are consistent with the requirements for
the locality. Local enforcement agencies shall not require the original
signature of the architect or engineer on the standard plan approval.
NOTE; Authority cited: Sections 18865, 18870.2 and 18870.3, Health and Safety
Code. Reference: Sections 18870.3, 18871.2 and 18871.3, Health and Safety
Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 11 343.4 (Register 2005, No. 52).
§ 2030. California Environmental Quality Act Compliance.
Wherever the department is the enforcement agency, evidence of
compliance with The California Environmental Quality Act, Public Re-
sources Code, Division 13, commencing with section 21000, shall be
submitted with an application for a permit to construct, enlarge a park.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18865.1, 18866.6 and 18870.1, Health and Safety Code; and Sections 21000,
et seq.. Public Resources Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 2032. Permit Applications — Required Approvals.
(a) All applications for permits to construct shall be submitted on the
designated form provided by the enforcement agency.
(b) Applications for permits to construct or enlarge a park, shall be
submitted with written evidence of compliance with the California Envi-
ronmental Quality Act, along with written approval by all of the follow-
ing:
(1) the local planning agency;
(2) the local health, fire, and public works departments;
(3) the local department responsible for flood control;
(4) the serving utilities; and
(5) any other public agencies having jurisdiction over the activity con-
tained in the permit application.
(c) Park operator approval is required on all applications for a permit
to construct, reconstruct or alter the park electrical, fuel gas, plumbing,
or fire protection equipment or installations.
(d) Park operator approval is required with all applications for a permit
to install a manufactured home or mobilehome pursuant to section 2118
of this chapter, or to alter any unit located in a park if such alteration
would affect the electrical, fuel gas or plumbing system of the park.
(e) Park operator approval is required on all applications for permits
to construct, reconstruct, install or alter an accessory building or structure
or building component to be located or proposed to be located within a
park.
(f) Written evidence of applicable local approvals may be required for
permanent buildings, when the construction may impact local services.
Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18866.6 and 18870.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2034. Plans.
(a) Three (3) complete sets of plans and specifications shall be sub-
mitted for all work to be performed, if required by the enforcement
agency.
(b) Plans and specifications submitted to the enforcement agency shall
be of sufficient clarity to indicate the nature and extent of all work pro-
posed and show in detail that the work will conform to the provisions of
this chapter.
(c) When the design of the system requires an engineering analysis of
structural parts or methods of construction, the plans, specifications, and
calculations shall be signed by an architect or engineer.
(d) Any deviation from the approved plans and specifications shall be
approved by the designer, engineer, or architect and shall be submitted
to the enforcement agency for approval.
(e) The enforcement agency may waive the requirement for plans and/
or specifications when the proposed work is of a minor nature.
(f) Complete plans, specifications, calculations, and supporting data
shall be submitted where the work proposed is not in conformity with or
deviates from the provisions of this chapter.
(g) Electrical plans shall include a single line diagram of the electrical
equipment to be installed, altered or changed. Complete load calculations
of the electrical system shall be provided with plans.
(h) Complete engineering plans, specifications, calculations and sup-
porting data, signed by an electrical engineer, shall be submitted when
Page 84.10
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2048
the park's electrical main service or any of the electrical wiring system
exceeds the voltage of the secondary system.
(i) Any person applying for a permit to install additional electrical
equipment in a park shall submit the follovv'ing information with the ap-
plication for a permit to construct.
(1) The size of the feeder circuit and overcurrent protection of that
feeder circuit; and
(2) The number of lots and the load of any other electrical equipment
supplied by the feeder circuit.
(j) An approved set of plans and specifications and a copy of the permit
to construct shall be kept on the job site until the enforcement agency has
made a final inspection.
(k) The provisions of this chapter are not intended to prevent the owner
of an accessory structure from reinstalling the accessory structure when
the unit is relocated. Structural plans, other than details of footings and
foundations, are not required for reinstallation of an accessory structure
which complied with the requirements of the regulations in effect at the
time of original installation, provided the accessory structure:
(1) is structurally sound;
(2) does not present a hazard to the safety of the occupants and/or the
pubHc;
(3) meets the live load design requirements contained in article 9 of
this chapter; and
(4) complies with all other installation requirements contained in this
chapter.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18865 and 18870.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2038. Extension of Permit to Construct.
(a) An extension of a permit to construct may be granted provided
work has commenced. No extension shall be granted where work has not
been started prior to the expiration of the initial permit to construct. Each
extension shall be limited to six (6) months. No permit to construct or re-
construct shall be extended more than two (2) years from the date of is-
suance of the initial permit to construct.
(b) Where a permit to construct has expired, all work shall cease until
a valid permit to construct has been issued by the enforcement agency.
A reapplication need not be accompanied by plans and specifications or
installation instructions where:
(1) construction is to be completed in accordance with plans filed with
the initial permit to construct; and
(2) the approved plans are made available to the enforcement agency
during the construction; and
(3) plans were approved less than two (2) years prior to the request for
extension.
(c) Fees paid for a permit to construct shall be forfeited to the enforce-
ment agency if the applicant does not start construction within six (6)
months of the date of issuance of the permit, or upon expiration of the per-
mit where work has commenced and no extension has been granted pur-
suant to subsection (a).
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8870. 1 0, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2042. Swimming Pools.
Construction and barrier requirements for public and private swim-
ming pools constructed within a park are contained in the California
Building Code.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2044. Construction.
(a) All construction shall be performed in accordance with approved
plans and specifications and shall not be changed, modified or altered
without the express prior approval, when possible, of the person or entity
providing the original approval and the enforcement agency.
(b) The issuance or granting of a permit or approval of plans and speci-
fications shall not be construed to be a permit for, or an approval of, any
violation of the Health and Safety Code or any of the provisions of this
chapter or any other applicable law.
Whenever an issued permit, or the work that it authorizes, violates pro-
visions contained in this chapter, the Health and Safety Code, or any oth-
er provisions of appHcable law, the permit, or that portion of the permit
that authorizes the work in violation, shall be deemed null and void.
(c) The issuance of a permit based upon plans and specifications shall
not prevent the enforcement agency from thereafter requiring the correc-
tion of errors in these plans and specifications, nor shall the issuance of
a permit preclude the enforcement agency's power to prevent occupancy
of a building, accessory building or structure, or building component
when it is found to be in violation of this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference; Sec-
tions 18870.1, 18871.3, 18872, 18873, 18873.3 and 18873.4 Health and Safety
Code.
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§ 2045. Excavation and Grading.
Except as provided in this chapter, the procedures relating to excava-
tion, grading, and earthwork, including fills and embankments, are con-
tained in the California Building Code, Appendix Chapter 33.
NOTE: Authority cited: Secfion 18865, Health and Safety Code. Reference: Sec-
tions 18870 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§ 2046. Stop Order.
Whenever any work is performed in violation of the provisions of this
chapter, the Health and Safety Code, or any other applicable provisions
of law, the enforcement agency shall post an order to stop work on the
site and provide a written notice to the person responsible for the work
being performed. The work shall immediately stop until authorized to
proceed by the enforcement agency.
NOTE: Authority cited: Secfion 18865, Health and Safety Code. Reference: Sec-
tions 18866.5 and 18870, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§ 2048. inspections.
(a) The person to whom a construction permit is issued shall request
inspection of all of the following:
(1) any underground or enclosed work prior to covering;
(2) permanent buildings; and
(3) accessory buildings or structures, or buUding components.
(b) The required inspections shall occur at the following stages of
construction, when applicable:
(1) Form inspection: When trenching is completed and forms have
been set for the foundation, including all plumbing, mechanical, and
electrical installations which may be concealed beneath the foundation
or slab.
(2) Frame inspection: When £ill structural framing is completed, in-
cluding all electrical, mechanical, and plumbing installations which are
to be enclosed within the walls.
(3) Lath and/or wallboard inspection: When all lathing and/or wall-
board interior and exterior is completed, but before any plaster is applied
or before wallboard joints and fasteners are taped and finished.
(4) Final inspection: When the permanent building, accessory build-
ing or structure, or building component, is completed.
Page 84.11
Register 2006, No. 52; 12-29-2006
§2050
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE: Authority cited: Section 18865, Healtii and Safety Code. Reference: Sec-
tions 18871.3, 18872, 18873.3 and 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2050. Construction Permit Penalty.
Any person commencing construction without a valid permit shall dis-
continue the construction until a permit to construct is obtained, and shall
pay double all fees prescribed for the permit.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8870.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Article 2. General Park Requirements
§2100. Application and Scope.
(a) The provisions of this article shall apply to the construction, use,
maintenance, and occupancy of lots within parks in all parts of the state.
(b) Existing construction and installations made before the effective
date of the requirements of this chapter may continue in use so long as
they were in compliance with requirements in effect at the date of their
installation and are not found to be substandard.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18872 and 18872.2, Health and Safety Code.
History
1. New article 2 (sections 2100-2126) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§2102. Responsibility.
(a) The owner, operator, or the designated agent for the park shall be
responsible for the safe operation and maintenance of all common areas,
park-owned electrical, gas, and plumbing equipment and their installa-
tions, and all park-owned permanent buildings or structures, within the
park.
(b) The owner of a unit, accessory building or structure, or building
component shall be responsible for the use and maintenance of the unit,
accessory building or structure, or building component and its utility con-
nections up to the lot services in compliance with the requirements of this
chapter.
(c) Any person obtaining a permit to construct shall be responsible for
the construction or installation in accordance with the requirements of
this chapter.
(d) The operator of a park shall not permit a unit, accessory building
or structure, building component, or any park utility to be constructed,
installed, used, or maintained in the park unless constructed, installed,
used, and maintained in accordance with the requirements of this chapter.
(e) Procedures related to notice of violation and responsibilities to
abate violations are set forth in article 10, commencing with section 2600
of this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18866.2, 18866.3 and 18871.8, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2104. Lot Address Identification and Lot Line Marking.
(a) All lots shall be identified by letters, numbers, or street address
numbers. The lot identification shall be in a conspicuous location facing
the roadway.
(b) All lots shall be defined by permanent comer markers. Comer
markers shall be visible at grade and shall be installed in a manner that
does not create a hazard.
(c) Permanent corner markers shall be any of the following:
(1) Pressure-treated wood, or wood of natural resistance to decay and
insects, as determined in the California Building Code, Chapter 23, sec-
tion 2302, at least two (2) inches by two (2) inches in nominal dimension.
driven into the ground to a depth of at least eighteen (18) inches, or six
(6) inches if it is surrounded by a concrete pad at least four (4) inches in
diameter and at least six (6) inches in depth.
(2) Metallic pipe or rods protected from corrosion by galvanizing,
paint, or a protective coating which resists corrosion, and is driven into
the ground to a depth of at least eighteen (1 8) inches, or is driven into the
ground to a depth of at least six (6) inches when it is surrounded by a con-
crete pad at least four (4) inches in diaineter and at least six (6) inches in
depth.
(3) Schedule 40 or better PVC, ABS, or CPVC pipe driven into the
ground to a depth of at least eighteen (18) inches, or driven into the
ground to a depth of at least six (6) inches when it is surrounded by a con-
crete pad at least four (4) inches in diameter and at least six (6) inches in
depth.
(4) Saw cuts, blade marks, or scribe marks in a concrete or asphalt curb
or roadway which are different in depth and nature than expansion joints.
(5) A nail with either a metal washer or surveyor's marker, which is
either driven or embedded into concrete or asphalt, curbs or streets.
(d) To determine the edge of a lot bordering a roadway with curbing,
the lot ends at the beginning of the curbing; curbing is part of the road-
way.
(e) Lot lines identifying individual lots or campsites are not required
in an incidental camping area or temporary recreational vehicle park;
however, the general locations where camping or parking will be per-
mitted shall be shown on the map or plot plan of the incidental camping
area or temporary recreational vehicle park.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18872, 18872.1 and 18872.2, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Repealer of subsection (d) and subsection relettering filed 7-22-2005; opera-
tive 7-22-2005 pursuant to Government Code section 1 1343.4 (Register 2005,
No. 29).
3. Editorial correction of HISTORY 2 (Register 2005, No. 33).
§2105. Lot Line Changes.
(a) Compliance with this section shall be required for any lot line
change within a park. Compliance with subsections (b), (c) and (e) of this
section shall not be required for any lot line creation; however, notwith-
standing any other provision of this chapter, a lot line creation shall com-
ply with the requirements of section 2020.6.
(b) The park owner or operator shall submit to the enforcement agency
an application for a permit to construct, on a form designated by that
agency, for a lot line change, along with all of the following:
(1) three (3) copies of a detailed plot plan with an identified date of
preparation and measurements, indicating both the existing and proposed
locations of the lot lines, which shall indicate all of the following:
(A) the locations of and distances between any units, accessory build-
ings or stmctures, or other built improvements on the affected lots (such
as patios or parking areas), within ten (10) feet of the current and pro-
posed lot lines;
(B) the distances from all existing and proposed lot Unes of the lots on
which those units, buildings or stmctures, or other improvements are lo-
cated;
(C) the number of lots affected;
(D) the addresses or other identifying characteristics of those affected
lots;
(E) proof of delivery of copies of the plot plan to all persons with regis-
tration or rental agreements with the park having units on the affected lots
by registered or certified mail, sent by at least first class mail;
(F) the type(s) or marking(s) used to designate the existing and pro-
posed lot line locations; and
(G) if the park is a common interest development, as defined in Civil
Code section 1351, and lot line change involves encroaching into a com-
mon area, compliance with the approval provisions of Civil Code section
1363.07.
Page 84.12
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2108
(2) the names and residence addresses of the persons with registration
or rental agreements with the park having units on the lots affected by the
lot line change and the addresses or other identification of their units' lots
I if different than the residence address;
(3) a copy of the original written authorization, signed and dated by
each of the persons with registration or rental agreements with the park
having units on the lots affected by the Ipt line change, that includes the
following statement:
I, [name of persons with registration or rental agreements with the
park], have received a copy of the plot plan dated [date of plot plan]
proposing to change a lot line affecting the lot where my unit is located
and 1/we approve of the proposed change in the location of the lot
line(s) as detailed on the plot plan.
(4) a written statement signed and dated by the park operator or the op-
erator's agent that the lot line change is substantially consistent in all ma-
terial factors with both of the following:
(A) all health and safety conditions imposed by the local government
as a condition of the initial construction of that space or the park; and
(B) prior applicable local land use requirements for the park; and
(5) the applicable permit fee as specified in section 2020.7 of this chap-
ter. I
(c) When the department is the enforcement agency and the number
of lots in the park is increased or decreased by the change in lot lines pur-
suant to this section, the applicant shall deliver a written notice to the lo-
cal planning agency, by personal delivery or by registered or certified
mail, of the proposed change in the number of lots prior to or concurrent
with its submission of the application to the department and provide a
statement attesting to that delivery and the proof of delivery by either a
stamped receipt or the proof of service by registered or certified mail. The
notice shall include one copy of all the information required by para-
graphs (1) through (4) of subsection (b) and the office address of the de-
partment's area office performing the inspection.
(d) The enforcement agency shall perform an on-site inspection prior
to approval of a lot line change or creation, in order to ensure consistency
with this chapter and the application. Any existing lot line markings shall
remain in place until after approval by the enforcement agency for the lot
line change. At the time of inspection the applicant, or his or her designee,
shall permanently mark the new lot line or lot lines pursuant to section
2104 of this chapter and eradicate any preexisting lot line markings. No
approval shall be given for lot line changes without identification to the
satisfaction of the enforcement agency of the existing lot line locations.
(e) Following approval of the lot line change by the enforcement
agency, the enforcing official shall sign knd date the submitted plot plan
signifying its approval. Copies of that approved plot plan shall then be
given by the applicant to the persons with registration or rental agree-
ments with the park having units on all the affected lots.
(f) No lot line shall be created, movedi shifted, or altered if the lot line
creation or change will place a unit or accessory building or structure in
violation of any provision of this chapter or any other applicable provi-
sion of law.
NOTE: Authority cited: Sections 18865, 18872.1 and 18872.2, Health and Safety
Code. Reference: Sections 18872, 18872.1 and 18872.2, Health and Safety Code;
and Sections 1351 and 1363.07, Civil Code.
History
1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section II 343 .4 (Register 2005, No. ]29).
2. Editorial correction of History 1 (Register 2005, No. 33).
3. Amendment of subsections (b)(1) and (b)(l)(E)-(F), new subsection (b)(1)(G)
and amendment of Note filed 12-26-2006; operative 1-2-2007 pursuant to
Government Code section 1 1343.4 (Register 2006, No. 52).
§ 21 06. Roadways.
All park roadways shall have a clear and unobstructed access to a pub-
lic thoroughfare, except that a roadway ihay have security gates, if those
security gates are not in violation of local government requirements.
(a) In parks, or portions thereof, constructed prior to September 15,
1961, \
(1) Each lot shall have access to a roadway of not less than fifteen (15)
feet in unobstructed width.
(2) No vehicle parking shall be allowed on roadways less than twenty-
two (22) feet in width. If vehicle parking is permitted on one side of the
roadway, the roadway shall be a minimum of twenty-two (22) feet in
width. If vehicle parking is permitted on both sides of the roadway, the
roadway shall be not less than thirty (30) feet in width.
(b) In parks constructed on or after September 15, 1961,
(1) each lot shall have access to a two-way roadway of not less than
eighteen (1 8) feet, or a one-lane, one-way roadway not less than twelve
(12) feet, in unobstructed width.
(2) No vehicle parking shall be allowed on one-way, one-lane road-
ways less than nineteen (19) feet in width. If vehicle parking is permitted
on one side of a one-lane roadway, the roadway shall be a minimum of
nineteen (19) feet in width. If vehicle parking is permitted on both sides
of a one-lane roadway, the roadway shall be at least twenty-six (26) feet
in width.
(3) No vehicle parking shall be allowed on two-lane, two-way road-
ways less than twenty-five (25) feet in width. If vehicle parking is per-
mitted on one side of a two-way roadway, the roadway shall be a mini-
mum of twenty-five (25) feet in width. If vehicle parking is permitted on
both sides of a two-way roadway, the roadway shall be at least thirty-two
(32) feet in width.
(c) Roadways designed for vehicle parking on one side shall have
signs or markings prohibiting the parking of vehicles on the traffic flow
side of the roadway, in order to provide a continuously open and unob-
structed roadway, clearly visible at any given point of the roadway where
parking is prohibited.
(d) A two-way roadway divided into separate, adjacent, one-way traf-
fic lanes by a curbed divider or similar obstacle shall be not less than
twelve (12) feet in unobstructed width on each side of the divider.
(e) In parks which were constructed after September 23, 1974, and
which contain not more than three (3) lots, each lot shall abut a roadway
that is not less than twenty (20) feet in unobstmcted width.
(f) Roadways, other than those necessary for maintenance by the oper-
ator, are not required in incidental or tent camp areas.
(g) Roadways required for emergency vehicles and the operation and
maintenance of incidental camping areas and of tent camps shall be main-
tained to provide safe passage of vehicular traffic.
(h) Paving is not required for roadways or driveways unless it is neces-
sary for compliance with section 2116 of this chapter.
(i) At the request of the park owner/operator, the local fire protection
agency may designate the sides or portions of roadways in a park as fire
lanes provided those designations do not conflict with the roadway
widths of this section.
(j) If a park owner or operator proposes reducing the width, or chang-
ing the layout or configuration, of the park roadways from the way they
were previously approved or constructed, local fire protection agency ac-
knowledgment of the change shall be submitted to the enforcement
agency.
NOTE: Authority cited: Sections 18865, 18865.05, 18865.3 and 18873.5, Health
and Safety Code. Reference: Sections 18872.2 and 18873.5, Health and Safety
Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
4. Amendment of section and Note filed 12-26-2006; operative 1-2-2007 pur-
suant to Government Code section 1 1343.4 (Register 2006, No. 52).
§2108. Park Lighting.
In every park, lighting shall be installed which is capable of providing:
(a) An average of five (5) horizontal foot candles of light at the floor
level at entrances to toilet and shower buildings, laundry buildings, and
recreation buildings when the buildings are in use during the hours of
darkness.
Page 84.13
Register 2006, No. 52; 12-29-2006
§2110
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) An average of ten (10) horizontal foot candles of light at the floor
level within toilet and shower buildings, laundry buildings, and recre-
ation buildings when the buildings are in use during the hours of dark-
ness.
(c) An average of two-tenths (2/10) horizontal foot-candles of light
the full length of all roadways and walkways within a park during the
hours of darkness.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.7, 18873 and 18873.2, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsection (c) filed 7-22-2005; operative 7-22-2005 pursuant
to Government Code section 11 343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 211 0. Occupied Area.
(a) The occupied area of a lot, consisting of the unit, and all accessory
buildings and staictures including, but not limited to awnings, stairways,
ramps and storage cabinets, shall not exceed seventy-five (75) percent
of the lot area.
(b) For purposes of this chapter, patios and paved or concrete areas on
grade, and the area of accessory buildings or structures located under
another accessory structure, such as a storage cabinet or porch under an
awning or carport, are not included in the measurement of the occupied
area. The occupied area shall be determined as if viewed from overhead
looking directly down on the lot.
NOTE: Authority cited: Sections 18865 and 18865.05, Health and Safety Code.
Reference Sections 18872 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of subsection (b) filed 7-22-2005; operative 7-22-2005 pursuant
to Government Code secfion 11 343 .4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
4. Amendment of subsection (b) and Note filed 12-26-2006; operative 1-2-2007
pursuant to Government Code section 11343.4 (Register 2006, No. 52).
§ 21 1 2. Required Toilet and Shower Facilities.
Toilets, showers, and lavatories shall be provided as follows:
(a) In parks constructed and operated exclusively for dependent units,
at least one toilet, one shower, and one lavatory for each gender for each
fifteen (15) dependent unit lots shall be provided.
(b) In parks constructed after July 7, 2004, containing dependent lots
or allowing dependent units, at least 1 toilet, shower, and lavatory, for
each gender, for each twenty-five (25) lots shall be provided, or fraction-
al part thereof.
(c) In parks constructed on or before July 7, 2004, containing depen-
dent lots or allowing dependent units, the following minimum ratio of
toilets, showers, and lavatories for each gender shall be maintained:
Lots
Toilets
Showers
Lavatories
1-25
1
1
1
26-70
2
2
2
One additional toilet shall be provided for each gender, for each one
hundred (100) additional lots, or fractional part thereof in excess of sev-
enty (70) lots.
(1) Independent, individually enclosed, lockable facilities containing
one (1) toilet and lavatory, or shower, may be designated as unisex on an
equal one (1) to one (1) ratio to gender-designated facilities, as described
in this section, provided the number of gender-designated facilities re-
main equal.
(2) Sufficient toilets shall be reserved for the exclusive use of the occu-
pants of the lots in the park.
(3) Toilets, lavatories, and showers shall be within five hundred (500)
feet of all dependent unit lots or lots not provided with a lot water service
outlet and a three (3) inch lot drain inlet.
(4) Toilet, lavatory and shower facilities shall be separated and dis-
tinctly marked as either men or women, or unisex.
(5) Showers shall be provided with hot and cold running water. Each
shower shall be contained within a separate compartinent. Each shower
compartinent shall be provided with a dressing area of not less than six
(6) square feet of floor area that shall have hooks for hanging clothing and
a bench or chair for use by the occupant.
(6) Toilets shall be installed in separate compartments.
(7) Toilet and shower facilities are not required in tent camps but, if
installed, shall comply with this section. Sanitary facilities that do not
comply with this section, such as chemical toilets, may be installed if ap-
proved by the local health department.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18873, 18873.1 and 18873.2, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsections (b)-(c)(l) and (c)(3) filed 7-22-2005; operative
7-22-2005 pursuant to Government Code section 1 1343.4 (Register 2005, No.
29).
3. Editorial conecfion of History 2 (Register 2005, No. 33).
§2114. Animals.
(a) Dogs, and other domestic animals, and cats (domestic or feral) shall
not be permitted to roam at large (free) in any park.
(b) Animal feces shall not be permitted to accumulate on any lot or
common area in a park to the extent that they create a nuisance.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18871.6, Health and Safety Code.
History
1. New section filed 7-6-2004; operafive 7-6-2004 pursuant to Government
Code secdon 11343.4 (Register 2004, No. 28).
§ 21 1 6. Park and Lot Area Grading.
(a) The park area and park roadways shall be so graded that there will
be no depressions in which surface water will accumulate and remain for
a period of time that would constitute a health and safety violation as de-
termined by the enforcement agency. The ground shall be sloped to pro-
vide storm drainage run-off by means of surface or subsurface drainage
facility.
(b) Each lot shall be graded to prevent the migration of water to the un-
derfloor area of a unit, or accessory building or structure. Other methods
to prevent the migration of water beneath a unit, or accessory building or
structure may be approved by the department as alternates, in accordance
with section 2016 of this chapter.
(c) To provide for unanticipated water entering the area beneath a unit,
or accessory building or structure, that area shall be sloped to provide for
drainage to an approved outside drainage way. Other positive passive
drainage methods may be approved by the department as an alternate, in
accordance with section 2016 of this chapter.
(d) Drainage from a lot, site, roadway, or park area shall be directed
to a surface or subsurface drainage way and shall not drain onto an adja-
cent lot, or site.
(e) The area of the lot where the camping cabin is to be installed shall
be graded to not more than a 2% grade.
(f) Fills necessary to meet the grading requirements of this section
shall comply with section 2045 of this chapter.
(g) Minor load bearing grading and area fills that are made with a com-
pacted class 2 aggregate and that do not exceed six (6) inches in depth,
do not require additional approvals.
Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18863.4 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secdon 1 1343.4 (Register 2004, No. 28).
2. Amendment of subsection (g) and Note filed 7-22-2005; operative 7-22-2005
pursuant to Government Code secdon 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 21 1 8. Lot Occupancy.
(a) Parks shall accommodate only recreational vehicles, tents, and
camping cabins.
Page 84.14
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2130
(b) A manufactured home or mobiiehome shall not be located or
installed in a park except for use by persons employed in the management
or operation of the park. |
(c) In no case shall a truck-mounted camper be occupied if removed
from the truck.
(d) A permanent building, garage, cabana, or storage building shall not
be constructed or installed on any lot in a park.
(e) Lot occupancy shall not exceed the number of persons in a camping
party as defined in section 18862.7 of the Health and Safety Code.
(f) When the provisions of this section allow two units or tents on a
single lot, the separation requirements contained in subsection 2330(a)
do not apply to the units or tents on that lot.
(g) The following shall apply to lots in parks designed to accommodate
recreational vehicles.
(1 ) Except as provided in paragraph (2) of this section, lot shall accom-
modate no more than: ;
(A) one (1) recreational vehicle and one (1) tent, or
(B) one (1) camping cabin, or [
(C) two (2) tents, or
(D) one (1) manufactured home or rnobilehome used in accordance
with subsection (b). i
(2) When used as a frequent means ofitransportation, a self-propelled
recreational vehicle or truck mounted camper may be parked beside an
occupied unit. That vehicle shall not be occupied or connected to the lot' s
utility facilities or interconnected with the occupied unit.
(h) The following shall apply in parks designated as incidental camp-
ing areas. ;
(1) An incidental camping area shall accommodate only recreational
vehicles, tents, or campers furnishing their own camping equipment.
(2) A cabana, ramada, garage, or permanent building shall not be
constructed, or installed, on any campsite in an incidental camping area.
(3) An incidental camping area campsite shall accommodate no more
than:
(A) two (2) recreational vehicles, or i
(B) one (1) camping party, or
(C) two (2) tents, or
(D) one (1) recreational vehicle and one (1) tent, or
(E) one (1) camping cabin.
(i) The following shall apply in parks designated as tent camps.
(1) A recreational vehicle shall not be permitted to occupy a tent lot
or campsite.
(2) Occupancy of lots or campsites is limited to one (1) camping party
which may be permitted to occupy not more than two (2) tents on the lot
or campsite. ;
(3) Accessory buildings or structures shall not be constructed, or
installed, on any campsite or tent lot in a tent camp.
(j) The following shall apply in parks designated as temporary recre-
ational vehicle parks.
(1) A temporary recreational vehicle; park shall accommodate only
recreational vehicles and tents. i
(2) Accessory buildings or structures shall not be constructed, or
installed, on any lot, or campsite.
(3) A temporary recreational vehicle park lot shall accommodate no
more than:
(A) two (2) recreational vehicles, or
(B) one (1) camping party, or
(C) two (2) tents, or
(D) one (1) tent and one (1) recreational vehicle.
NOTE: Authority cited: Sections 18865, 18865.05 and 18865.3, Health and Safety
Code. Reference: Sections 18871, 18871.3, 18872, 18873, 18873.1 and 18873.5,
Health and Safety Code. ;
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. New subsection (f), subsection relettering and amendment of Note filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§ 21 20. Rubbish and Accumulation of Waste Material.
(a) Occupants shall keep the lot area and the area under, around, or on
their unit and accessory buildings or structures free from an accumula-
tion of refuse, aibbish, paper, leaves, baish or other combustible materi-
al.
(b) Waste paper, hay, grass, straw, weeds, Htter, or combustible flam-
mable waste, refuse, or rubbish of any kind shall not be permitted, by the
park owner or operator, to remain upon any roof or on any vacant lot,
open space, or common area.
(c) The park area shall be kept clean and free from the accumulation
of refuse, garbage, rubbish, excessive dust, or debris.
(d) The park operator shall ensure that a collection system is provided
and maintained, with covered containers, for the safe disposal of rubbish.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18872 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§2122. Emergency Information.
The requirements of this section shall be printed and posted in a con-
spicuous place on the premises and shall contain the following informa-
tion:
(a) List the following telephone numbers:
(1) Fire Department
(2) Police Department or Sheriffs Office.
(3) Park Office.
(4) The responsible person for operation and maintenance.
(5) Enforcement agency.
(b) List the following locations:
(1) Nearest fire alarm box, when available.
(2) Park location (street or highway numbers).
(3) Nearest public telephone.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§ 21 26. Lot Utility Location.
When utility equipment to supply electrical power, water, sewer or gas
is provided to a lot, the utilities shall be located in the rear half (1/2) of
the lot on the right side when facing the lot from the roadway and within
four (4) feet of the side of the proposed location of the unit.
NOTE: Authority cited: Sections 1 8865 and 1 8873.3, Health and Safety Code. Ref
erence: Sections 18872, 18873.1, 18873.3 and 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code secfion 11343.4 (Register 2005, No. 29).
3. Editorial correcfion of History 2 (Register 2005, No. 33).
Article 3. Electirical Requirements
§ 21 30. Application and Scope.
(a) The requirements of this article shall apply to all parks, accessory
buildings or structures, and units, (except within permanent buildings),
in all parts of the state, to the construction, installation, alteration, repair,
use, and maintenance of all electrical wiring and equipment for supplying
electrical energy to all units.
(b) Existing electrical construction, connections, and installations
made before the effective date of the requirements of this chapter may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
NOTE: Authority cited: Secfions 18865, 18872 and 18873.3, Health and Safety
Code. Reference: Sections 18872 and 18873.3, Health and Safety Code.
Page 84.15
Register 2006, No. 52; 12-29-2006
§2132
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New article 3 (sections 2 130-2 190) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Reeister 2004. No.
28).
§ 2132. Permanent Building Electrical Regulations.
Requirements for electrical equipment and installations within perma-
nent buildings in parks are found in the California Electrical Code.
NOTE; Authority cited: Sections 18865, 18873 and 18873.3, Health and Safety
Code. Reference: Section 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2134. Basic Electrical Regulations.
(a) Except as otherwise permitted or required by this article, all electri-
cal equipment and installations outside of permanent buildings in parks
shall comply with the requirements for installations of 600 volts or less
found in the California Electrical Code.
(b) All park-owned overhead electrical equipment of park electrical
systems shall also comply with the applicable requirements of the current
California Public Utilities Commission Rules for Overhead Electric Line
Construction, General Order No. 95. If there is any conflict between the
provisions contained in the California Electrical Code and General Order
9.5, the provisions of General Order 95 shall prevail.
(c) All park-owned underground electric equipment of park electrical
systems shall also comply with the applicable requirements of the current
California Public Utilities Commission, Rules for Constaiction of Un-
derground Electric Supply and Communication Systems, General Order
No. 1 28. If there is any conflict between the provisions contained in the
California Electrical Code and General Order 128, the provisions of Gen-
eral Order 128 shall prevail.
(d) All additions or alterations to existing or new parks shall have plans
subinitted in compliance with section 2034 of this chapter.
(e) Except as otherwise permitted or required, all high voltage (ex-
ceeding 600 volts) electrical installations outside of permanent buildings
within parks, shall comply with the appHcable requirements of Tide 8,
California Code of Regulations, Chapter 4, Subchapter 5, Group 2, High
Voltage Electrical Safety Orders.
(f) If there is any conflict between the provisions of this chapter, Gen-
eral Order 95, General Order 128, or the California Electrical Code, the
provisions of this chapter shall prevail.
Note: General Order Numbers 95 and 128 may be obtained from the California
Public Utilities Commission (CPUC), Technical Library, 505 Van Ness Ave., San
Francisco, CA 94102 or by calling the CPUC at (415) 703-1713. They may also
be viewed on line at www.cpuc.ca.gov.
NOTE: Authority cited: Sections 18865, 18865.05 and 1 8873.3, Health and Safety
Code. Reference: Sections 18872 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsections (b)-(c) filed 7-22-2005; operative 7-22-2005 pur-
suant to Government Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
4. Amendment of subsections (b), (c) and (f) and amendment of Note filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§2136. Conductors and Equipment.
(a) Six-hundred (600) volts or less. For purposes of this chapter, all
electrical conductors and equipment rated at 600 volts or less, installed
outside of permanent buildings in park electrical wiring systems
constructed, or approved for construction, shall be listed and labeled as
approved for their intended use.
(b) Greater than 600 volts. Conductors and equipment installed in sys-
tems operated at more than 600 volts shall comply with the applicable
provisions contained in the California Electrical Code, Article 490, and
the High Voltage Safety Orders contained in Title 8, California Code of
Regulations, Chapter 4, Subchapter 5, Group 2.
(c) A grounded neutral conductor may be a bare conductor when prop-
erly isolated from phase conductors. A bare neutral conductor, or a bare
concentric stranded conductor of a cable used as a grounded neutral con-
ductor, shall be copper when installed underground. These types of sys-
tems shall be solidly grounded.
NOTE: Authority cited: Section 1 8865, Health and Safety Code. Reference: Sec-
tion 18873.3. Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§2138. Energizing.
Lot electrical equipment and installations shall not be energized until
inspected and approved by the enforcement agency.
Note; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2140. Distribution System.
(a) The park electrical wiring system shall be designed to supply ade-
quate electrical energy to all lots and all other connected loads, as deter-
mined by this article.
(b) Electrical energy supplied to a lot and all other connected loads
shall be nominal 120/240 volts, single phase.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§2146. Voltage Drop.
The voltage drop shall not exceed five (5) percent on the park electrical
wiring system from the park service to the most remote outlet on the sys-
tem, except that taps to compensate for below normal full capacity volt-
age may be used on the primary side of secondary distribution transform-
ers to correct for voltage drop on the primary feeders. The voltage of
secondary systems shall not exceed a nominal 240 volts.
NOTE: Authority cited: Section 18865. Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§2148. Overcurrent Protection.
(a) Conductors shall be protected by overcurrent protective devices.
A fuse or circuit breaker rating shall not be greater than the allowable am-
pacity of the conductors to be protected as specified in Tables 310-16
through 310-19 in the California Electrical Code, except as provided in
Articles210, 240, and430.
(b) All electrical equipment and devices, including service equipment,
transformers and receptacles, shall be protected by overcurrent protec-
tive devices rated at not more than the rating of the equipment or device,
except as provided in Articles 210, 240, 430, and 450 of the California
Electrical Code.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§ 2150. Park Electrical Disconnecting Means.
(a) Each service equipment enclosure for the park shall be provided
with a single main disconnect switch or circuit breaker lockable in the
open position for disconnecting the electrical wiring system or systems
of the park.
(b) A disconnecting means shall be provided for disconnecting each
distribution transformer. When the disconnecting means is not installed
immediately adjacent to the distribution transformer, it shall be identified
as to its usage and shall be arranged to be locked in the open position.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
Page 84.16
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2170
History
]. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.] 28).
§ 2151. Lot Electrical Disconnecting Means.
A single disconnecting switch or circuit breaker shall be provided in
the lot service equipment for disconnecting the power supply to the unit.
The disconnecting switch, circuit breaker or its individual enclosure shall
be clearly marked to identify the lot serviced.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
lion 1 8873.3, Health and Safety Code. !
History
I. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.; 28).
§2152. Ground-Fault Protection.
Ground-fault protection of park service equipment shall be provided
for solidly grounded wye electrical seryices of more than 150 volts to
ground, but not exceeding 600 volts phase-to-phase for each service dis-
connecting means rated at 1,000 amperes or more. Each service discon-
necting means rated lOOO-amperes or rhore shall be performance tested
when first installed, as required by the California Electrical Code, Sec-
tion 230-95. The test shall be conducted in accordance with approved
instructions, which shall be provided with the equipment. A written re-
cord of this test shall be made and shall be available to the enforcement
agency.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No.! 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§2153. Equipment Grounding. |
Exposed noncurrent-carrying metal 'parts of fixed electrical equip-
ment shall be grounded as required by the California Electrical Code, Ar-
ticle 250. I
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8873.3, Health and Safety Code. '
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.; 28).
§ 2154. Primary System Grounding — 600 Volts or Less.
(a) When the park electrical service is supplied by a grounded system
operated at 600 volts or less, an equipment grounding conductor shall be
run with the feeders of the park primary electrical system to all equipment
supplied by the primary electrical system.
(b) Park primary electrical systems within the park operated at 600
volts or less supplied by an ungrounded system shall not be grounded.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code. |
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No: 28).
§ 21 56. Primary System Grounding — Over 600 Volts.
(a) Park primary electrical systems within the park operated at more
than 600 volts supplied by a grounded system shall be grounded at the
park service.
(b) Park primary electrical systems within the park operated at more
than 600 volts supplied by an ungrounded system shall not be grounded.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code. |
History
1 . New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No: 28).
§ 21 58. Secondary Systems — Lot Service Equipment.
The neutral conductor of all secondary systems supplying lot service
equipment shall be grounded at both the secondary systein source and the
lot service equipment.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 2160. Secondary Systems — Other than Lot Service
Equipment.
The neutral conductor of all secondary systems supplying equipment
other than lot service equipment shall be grounded as required by the
California Electrical Code, article 250.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§2162. Grounding Connections.
System grounding conductors and equipment grounding conductors
shall be connected as required by the California Electrical Code, article
250. The connection of a grounding conductor to a grounding electrode
shall be exposed and readily accessible.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 2163. Grounding of Units.
All exposed, noncurrent-carrying metal parts of a unit, when con-
nected to the lot service equipment, shall be grounded by means of a
grounding conductor run with the circuit conductors or in a listed power
supply cord provided with an approved polarized multi-prong plug. One
prong of the plug shall be for the sole purpose of connecting that ground-
ing conductor, by means of a listed and approved grounding receptacle,
to the grounded terminal at the lot service. The conductor shall be insu-
lated and identified by a green color.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 2164. Feeder Assembly.
The neutral conductor and the equipment grounding conductor of the
feeder assembly supplying service equipment shall be connected to the
grounding electrode at each lot service enclosure.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§2166. Grounding Conductors.
Only copper grounding conductors shall be used to connect electrical
systems to a grounding electrode. Grounding conductors shall be pro-
tected from physical damage by cabinet enclosures, raceways or cable ar-
mor.
Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§ 2170. Protection of Outdoor Equipment.
(a) All electrical equipment, including switches, circuit breakers, re-
ceptacles, lighting fixtures, control equipment, and metering devices lo-
cated in either damp or wet locations or outside of a unit, accessory build-
ing or structure, or a building component designed as a weatherproof
Page 84.17
Register 2006, No. 52; 12-29-2006
§2176
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
stmcture shall be constructed of, or installed in, equipment approved for
damp or wet locations.
(b) Meter sockets, without meters installed, shall be blanked off with
an approved blanking plate before the service is energized.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873,3, Health and Safety Code.
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section ] 1343.4 (Register 2004, No. 28).
§ 2176. Aluminum Conductors.
(a) Connections of aluminum conductors shall be made only inside
boxes or equipment enclosures which are designed and installed to pre-
vent the entry or accumulation of moisture within the enclosure.
(b) Only connectors which are listed for use with aluminum conduc-
tors shall be used to connect aluminum conductors. If more than one con-
ductor is connected to a connector, the connector shall be provided with
a terminal fitting for each conductor.
(c) Prior to inserting an aluminum conductor into the connector, the
conductor from which the insulation has been removed shall be wire-
brushed and sealed with an approved oxide-inhibiting joint compound.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
]. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§2178. Mechanical Protection.
Where subject to physical damage from vehicular traffic or other
causes, the lot service equipment shall be protected by posts, fencing or
other barriers approved by the enforcement agency.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 21 80. Lot Service Equipment.
(a) The rating of the overcurrent protection in the lot service equip-
ment shall not exceed the rating of the connected feeder assembly. Lot
service equipment may contain any or all of the approved receptacles
conforming with section 2186 of this chapter.
(b) Lot service equipment may also contain the means for supplying
accessory structures or other electrical equipment located on the lot, pro-
vided the lot service equipment is designed and listed for such applica-
tion.
(c) Only one (1) power supply connection shall be made to a unit.
(d) Lot service equipment may also contain additional receptacles for
supplying portable electrical equipment, provided that such receptacles
are listed grounding-type receptacles. All 120-volt, single-phase, 15-
and 20-ampere receptacle outlets in lot service equipment shall be pro-
tected by ground-fault circuit protection. The requirement for ground-
fault circuit protection shall not apply to equipment or installations
constructed, installed, or approved for construction or installation prior
to September 1, 1975.
(e) When an electrical meter is installed as an integral component of
the lot service equipment, it shall be of a class or rating that will accurate-
ly measure all loads up to the rated ampacity of the lot service equipment.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Sections 18871, 18871.10 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2182. Installation of Lot Service Equipment.
(a) Approved lot service equipment supplied by underground feeders
may be of the self-supporting type and shall be stabilized by concrete not
less than three and one-half (3 1/2) inches thick and surrounding the
equipment base by not less than six (6) inches beyond the equipment base
in all directions.
(b) Approved lot service equipment supplied by underground feeders
requiring installation on a mounting post shall be securely fastened to a
nominal four (4) inches by four (4) inches redwood or pressure treated
post or equivalent. The post shall be installed not less than 24 inches in
the earth and stabilized by a concrete pad. The concrete pad shall be not
less than three and one-half (3 1/2) inches thick, surrounding the post
base by not less than six (6) inches beyond the post base in all directions.
The equipment shall be mounted with the bottom of the equipment not
less than twelve (12) inches above the stabilizing concrete pad.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
rion 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Goveniment
Code section 1 1343.4 (Register 2004, No. 28).
§ 2183. Access to Electrical Equipment.
All park or lot service equipment shall be accessible by an unob-
structed entrance or passageway not less than twenty-four (24) inches in
width and seventy-eight (78) inches high, and shall have a working space
not less than thirty (30) inches wide and thirty-six (36) inches deep in
front of and centered on the service equipment. The lot service equipment
shall be located and maintained not less than twelve (12) inches nor more
than seventy-eight (78) inches above the stabilizing pad.
EXCEPTION: parks constructed prior to July 1, 1979, shall have a working space
not less than 30 inches wide and 30 inches deep in front of and centered on the ser-
vice equipment.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 2185. Electrical Appliances and Equipment.
(a) When electrical equipment or fixed appliances are installed to
serve an accessory structure, the installation shall be supplied by means
of a permanent wiring method to the lot service equipment, provided the
lot service equipment is designed and listed for the additional load.
(b) If the park electrical system or the feeder supplying the lot electri-
cal service equipment does not have the ampacity to supply the equip-
ment in addition to its connected load, a permit to construct, as required
in section 2018 of this chapter, shall be obtained for alteration of the re-
quired service supply and equipment.
(c) All electrical appliances and equipment not located within en-
closed weatherproof structures must be approved for use in wet locations.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
don 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. New subsection (c) filed 7-22-2005; operative 7-22-2005 pursuant to Govern-
ment Code section 11343.4 (Register 2005, No. 29).
3. Editorial correcfion of History 2 (Register 2005, No. 33).
§2186. Lot Receptacles.
(a) A receptacle used to supply electrical energy to a unit shall conform
with the American National Standards Institute-National Electrical
Manufacturers Association (ANSI-NEMA) Standard, WD-6, 1997 for
one of the following configurations:
(1) 125/250 volts, 50-amperes, 3 pole, 4 wire, grounding type for
120/240 volt systems.
(2) 125 volts, 30-amperes, 2 pole, 3 wire, grounding type for 120 volt
systems.
(3) 125 volts, 20-amperes, 2 pole, 3 wire, grounding type for supply-
ing units having only one 15 or 20-ampere branch circuit.
Page 84.18
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2208
(b) ANSI-NEMA Standards may be obtained on-line from www.ne-
ma.org or by calling (703) 841-3200 or|by writing to NEMA, Commu-
nications Department, 1300 North 17th Street, Rosslyn, Virginia, 22209.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 2188. Existing Electrical Installations.
(a) Lot service equipment shall have the capacity to supply the unit,
appliance, accessory building or structure, and building component lo-
cated on the lot. The park operator may prohibit the installation of a unit,
appliance, accessory building or structure, or building component that
exceeds the rated capacity of the lot electrical service, unless the load in
the unit, appliance, accessory building or structure, or building compo-
nent is reduced. If the unit or electrical appliance is allowed to be installed
by the park and the connected load on the lot exceeds the rated capacity
of the lot electrical service equipment, the lot electrical service equip-
ment and feeders shall be replaced with equipment and conductors prop-
erly rated to supply the unit, appliance, or accessory building or stnicture.
Notwithstanding the provisions of this subsection, park approval is re-
quired when an alteration or addition to the existing electrical system of
the unit, appliance, accessory building or structure, or building compo-
nent will exceed the rated capacity of the lot service equipment.
(b) The enforcement agency may order unsafe installations of existing
electrical systems or portions thereof to be reconstructed or altered, if
necessary for the protection of life and property.
(c) The use of electrical equipment and installations in existence prior
to the effective date of applicable amendments to this chapter may be
continued, provided such equipment and installations are maintained in
safe operating condition and the calculated connected loads do not ex-
ceed the rated ampacity of such equipmlent and installations.
(d) Lot electrical service equipment iriay continue supplying accesso-
ry buildings or structures or building components or other electrical
equipment located outside the unit, provided the lot electrical service has
the capacity to serve them and the equipnient is maintained in a safe oper-
ating condition.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871, 18871.10, 18872 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.i28).
§ 2190. Authority to Order Disconnect — Electrical.
The enforcement agency is authorized to require any electrical instal-
lation or equipment found to be defective, and in such condition as to en-
danger life or property, to be disconnected. Installations which have been
disconnected shall not be re-energized until a permit has been obtained
to repair the electrical installation or equipment and the work has been
inspected and approved by the enforcerhent agency.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871 and 18873.3, Health and Safety ^ode.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No.| 28).
Article 4. Fuel Gas Requirements
§2200. Application and Scope.
(a) The requirements of this article shall apply to the construction,
installation, arrangement, alteration, use, maintenance, and repair of fuel
gas equipment and installations for supplying fuel gas to parks, and units
in all parts of the state.
(b) Existing construction, connections, and installations of fuel gas
made before the effective date of the requirements of this chapter may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
NOTE; Authority cited: Sections 18865, 18872 and 18873.4, Health and Safety
Code. Reference: Sections 18872 and 18873.4, Health and Safety Code.
History
1. New article 4 (sections 2200-2236) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 2206. Federal Regulations.
A park gas piping distribution system is subject to the Pipeline Safety
Law of 1994 and regulations adopted by the Office of Pipeline Safety Op-
erations. The applicable regulations are contained in Title 49 of the Code
of Federal Regulations, Parts 191 and 192.
(a) The operator of a park gas piping system is responsible for comply-
ing with the federal regulations in addition to this chapter. A permit is not
required from the enforcement agency for the installation of cathodic
protection if the existing gas piping system is not otherwise altered.
This chapter does not prohibit the installation of cathodic protection
systems and requirements for corrosion control of buried or submerged
metallic gas piping systems required by the federal regulations in exist-
ing systems. If there is any conflict between the provisions of this chapter
and the federal regulations, the provisions of the federal regulations shall
prevail.
(b) Plans and specifications for the installation of a metallic gas piping
system shall specify methods of protecting buried or submerged pipe
from corrosion, including cathodic protection, unless it can be demon-
strated that a corrosive environment does not exist in the area of installa-
tion. The design and installation of a cathodic protection system shall be
carried out by, or under the direction of, a person qualified by experience
and training in pipeline corrosion methods so that the cathodic protection
system meets the requirements of Title 49 of the Code of Federal Regula-
tions, Parts 191 and 192.
(1) All buried or submerged metallic gas piping shall be protected
from corrosion by approved coatings or wrapping materials. All gas pip-
ing protective coatings shall be approved types, machine applied, and
conform to recognized standards. Field wrapping shall provide equiva-
lent protection and is restricted to those short sections and fittings neces-
sarily stripped for threading or welding. Risers shall be coated or
wrapped to a point at least six (6) inches above grade.
(2) All metallic gas piping systems shall be installed in accordance
with plans and specifications approved by the enforcement agency, in-
cluding provisions for cathodic protection. When the cathodic protection
system is designed to protect only the gas piping system, the gas piping
system shall be electrically isolated from all other underground metallic
systems or installations. When a cathodic protection system is designed
to provide all underground metallic systems and installations with
protection against corrosion, all such systems and installations shall be
electrically bonded together and protected as a whole.
(3) When non-metallic gas piping is installed underground, a locating
tape or No. 18 AWG or larger copper tracer wire shall be installed with
and attached to the underground piping for the purpose of locating the
piping system. The locating tape or tracer wire shall terminate above
grade at an accessible location at one or more ends of the piping system.
Every portion of a plastic gas piping system consisting of metallic risers
or fittings shall be cathodically protected against corrosion.
NoTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2208. Basic Fuel Gas Regulations.
(a) Except as otherwise permitted or required by this article, all fuel
gas equipment and installations for supplying fuel gas to units or accesso-
ry buildings or structures, and fuel gas piping systems outside of perma-
nent buildings in parks, shall comply with the requirements found in the
California Plumbing Code, Chapter 12.
(b) The requirements for fuel gas equipment and installations within
permanent buildings in parks are located in the California Mechanical
Code, and the California Plumbing Code unless provided otherwise in
Page 84.19
Register 2006, No. 52; 12-29-2006
§2210
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
this chapter. However, in a city, county, or city and county, which has as-
sumed responsibility for enforcement of the Mobilehome Parks Act and
Special Occupancy Parks Act, pursuant to sections 18300 and 18865 of
the Health and Safety Code, and has adopted and is enforcing a plumbing
and mechanical code equal to or greater than the requirements of The
California Plumbing Code and California Mechanical Code, may en-
force its code as it pertains to permanent buildings.
Note-. Authority cited: Sections 1 8865 and 1 8873.4, Health and Safety Code. Ref-
erence: Section 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 2210. Liquefied Petroleum Gas (LPG).
All LPG equipment and installations exceeding 125 US gallons shall
comply with the applicable provisions of the Unfired Pressure Vessel
Safety Orders, California Code of Regulations, Title 8, Chapter 4, Sub-
chapter 1, unless otherwise provided by this chapter.
NOTE: Authority cited: Sections 1 8865 and 1 8873.4, Health and Safety Code. Ref-
erence: Section 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§2211. LPG Tanks.
(a) LPG tank installations in parks must conform to the provisions re-
lated to LPG tanks contained in Article 82 of the California Fire Code.
(b) Units designed and constructed with securely mounted tanks may
be served by either the lot or mounted tanks, but not by both at the same
time.
(c) A permit from the enforcement agency is required to install any
LPG fuel tank exceeding sixty 60 U. S. gallons.
(d) LPG tanks shall be designed and constructed in accordance with
nationally recognized standards for unfired pressure vessels.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 221 2. Prohibited Location of Tanks.
(a) No LPG tank greater than five (5) U.S. gallons shall be stored or
located in any of the following locations:
(1) within five (5) feet of any source of ignition (lot electrical service
is not a source of ignition);
(2) within five (5) feet of any mechanical ventilation air intake;
(3) under any unit or habitable accessory building; or
(4) within any structure or area where three (3) or more sides are more
than fifty (50) percent closed.
(b) No LPG tank shall be filled within ten (10) feet of a source of igni-
tion, openings into direct-vent (sealed combustions system) appliances,
or any mechanical ventilation air intake.
(c) An LPG system within a motor-driven vehicle or recreational ve-
hicle is exempt from the requirements of subsections (a) and (b).
(d) An LPG tank may be located under a ventilated snow cover. The
snow cover shall not be enclosed or connected to any other structure and
shall not extend more than one (1) foot beyond the tank in any horizontal
direction.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§2216. installation.
(a) All gas piping installed below ground shall have a minimum earth
cover of eighteen (18) inches.
(b) Gas piping shall not be installed underground beneath buildings,
concrete slabs or other paved areas of a lot directly abutting the unit, or
that portion of the lot reserved for the location of units, or accessory or
structures, unless installed in a gaslight conduit.
(1) The conduit shall be pipe approved for installation underground
beneath buildings and not less than schedule 40 pipe. The interior diame-
ter of the conduit shall be not less than one-half (1/2) inch larger than the
outside diameter of the gas piping.
(2) The conduit shall extend to a point not less than twelve (12) inches
beyond any area where it is required to be installed, any potential source
of ignition or area of confinement, or the outside wall of a building, and
the outer ends of the conduit shall not be sealed. Where one (1 ) end of the
conduit terminates within a building, it shall be readily accessible and the
space between the conduit and the gas piping shall be sealed to prevent
leakage of gas into the building.
(c) A carport or awning roof may extend over an individual lot gas pip-
ing lateral and outlet riser, provided the completed installation complies
with all other requirements of this chapter and the covered area is venti-
lated to prevent the accumulation of gas.
(d) The use of gas piping in parks constructed prior to June 25, 1976,
that was originally installed under the area to be occupied by the unit or
accessory building or staicture, may be continued provided the piping is
maintained in a safe operating condition.
NOTE: Authority cited: Sections 18865, 18865.05 and 18872, Health and Safety
Code. Reference: Secfion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
2. Amendment of subsecfion (a) and Note filed 12-26-2006; operative 1-2-2007
pursuant to Government Code section 11 343.4 (Register 2006, No. 52).
§ 2218. Park Gas System Shutoff Valve.
A readily accessible and identified shutoff valve controlling the flow
of gas to the entire park-owned gas piping system shall be installed at the
point of cormection to the service piping or supply connection.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2220. Lot Gas Shutoff Valve.
(a) Each lot shall have a gas shutoff valve, listed for its intended use
by a department-approved listing agency, installed in a readily accessi-
ble location upstream of the lot gas outlet.
(b) The valve shall be located on the lot gas riser outlet at a height of
not less than six (6) inches above grade.
(c) The lot gas shutoff valve shall not be located under or within any
unit, or accessory building or structure.
EXCEPTION: gas shut-off valves may be located under an awning or carport that
is not enclosed complying with Article 9 of this chapter.
(d) Whenever the lot gas riser outlet is not in use, it shall be closed with
an approved cap or plug to prevent accidental discharge of gas.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2222. Lot Gas Outlet.
(a) The gas riser outlet shall terminate within four (4) feet of the unit,
or proposed location of the unit on the lot.
(b) Each unit connected to the gas riser outlet shall be connected by a
listed flexible gas connector in accordance with section 2354 of this
chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Page 84.20
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2246
§ 2226. Gas Meters.
(a) When gas meters are installed, they shall not depend on the gas riser
outlet for support. Gas meters shall be adequately supported by a post and
bracket or by other means approved by the enforcement agency.
(b) Meters shall not be installed beneath units, in unventilated or inac-
cessible locations, or closer than three (3) feet from sources of ignition.
The unit electrical service equipment shall not be considered a source of
ignition when not enclosed in the same, compartment with a gas meter.
(c) All gas meter installations shall Be provided with a shutoff valve
or cock located adjacent to and on the inlet side of the meter. In the case
of a single meter installation utilizing an LPG tank, the tank service valve
may be used in lieu of the shutoff valve or cock.
(d) Each meter installed shall be in a readily accessible location and
shall be provided with unions or other fittings so as to be easily removed
and replaced while maintaining an upright position.
NOTE: Authority cited: Sections 18865 and 18873.4, Health and Safety Code. Ref-
erence: Section 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No: 28).
2. Amendment of subsection (c) and repealer of subsection (e) filed 7-22-2005;
operative 7-22-2005 pursuant to Govemriient Code section 1 1 343.4 (Register
2005, No. 29).
3. Editorial correction of History 2 (Register 2005, No. 33).
§ 2228. Mechanical Protection.
Where subject to physical damage from vehicular traffic or other
causes, all gas riser outlets, regulators, meters, valves, tanks, or other ex-
posed equipment shall be protected by posts, fencing, or other barriers
approved by the enforcement agency. ;
Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, Noi 28).
§ 2229. Regulator and Relief Vents.
Atmospherically controlled regulators shall be installed in such a man-
ner that moisture cannot enter the regulator vent and accumulate above
the diaphragm. Where the regulator verit may be obstructed because of
snow or icing conditions, a shield, hood; or other device approved by the
enforcement agency shall be provided to guard against closing the vent
opening. i
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative |7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, Noi 28).
§ 2230. Required Gas Supply.
(a) The minimum hourly volume of gas required at each lot outlet, or
any section of a park gas piping system shall be calculated as shown in
Table 2230-1. i
(b) Required gas supply for other fuel gas consuming appliances con-
nected to the park gas piping system shall be calculated as provided in the
California Plumbing Code, Chapter 12j
Table 2230-1
Demand Factors for Use in Calculating Gas
Piping Systems in Parks
Number of Lots
11-20
21-30
31-40
41-60
Over 60
BTU Per Hours Per Lot
66.000
62,000
58,000
55,000
50,000
Number of Lots
1
2
3
4
5
6
7
8
9
10
BTU Per Hours Per Lot
125,000
117,000
104,000
96,000
92,000
87,000
83,000
81,000
79,000
77,000
NOTE: Authoritv cited:' Section 1 8865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2232. Gas Pipe Size.
The size of each section of a gas piping system shall be calculated as
provided in the California Plumbing Code, Chapter 12 or by other stan-
dard engineering methods acceptable to the enforcement agency.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2236. Authority to Order Disconnect of Fuel Gas
Equipment.
(a) The enforcement agency shall require the gas utility or person sup-
plying gas to a ptirk to disconnect any gas piping or equipment found to
be defective and in such condition as to endanger life or property.
(b) Gas piping or equipment which has been ordered disconnected by
the enforcement agency shall not be reconnected to a gas supply until a
permit has been obtained to repair, alter or reconstruct the gas piping and
the work has been inspected and approved by the enforcement agency.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871 and 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Article 5. Plumbing Requirements
§ 2240. Application and Scope.
(a) The requirements of this article shall apply to the construction,
installation, arrangement, alteration, use, maintenance, and repair of all
plumbing equipment and installations to supply water to, and dispose of
sewage from, units, accessory buildings or structures and permanent
buildings in all parts of the state.
(b) Existing plumbing construction, connections, and installations
made before the effective date of the requirements of this chapter may
continue in use so long as they were in compliance with requirements in
effect at the date of their installation and are not found to be substandard.
NOTE: Authority cited: Sections 18865, 18871.4, 18872 and 18873.1, Health and
Safety Code. Reference: Section 18871.4, 18872 and 18873.1, Health and Safety
Code.
History
1. New article 5 (secfions 2240-2284) and section filed 7-6-2004; operafive
7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No.
28).
§ 2246. Basic Plumbing Regulations.
(a) Except as otherwise permitted or required by this article, all re-
quirements for plumbing equipment and installations outside of perma-
nent buildings in parks shall comply with the California Plumbing Code,
with the exception of Chapter 1 .
If there is any conflict between the provisions of this chapter and the
California Plumbing Code, the provisions of this chapter shall prevail.
(b) All requirements for plumbing equipment and installations within
permanent buildings in parks shall comply with the California Plumbing
Code, except in a city, county, or city and county, which has assumed en-
forcement responsibility and has adopted, and is enforcing, a plumbing
code equal to or greater than the requirements of this article.
NOTE: Authority cited: Sections 1 8865 and 1 8873. 1 , Health and Safety Code. Ref-
erence: Sections 18865 and 18873.1, Health and Safety Code.
Page 84.21
Register 2006, No. 52; 12-29-2006
§2248
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2248. Sewage Disposal.
(a) All park drainage systems shall discharge into a public sewer or a
private sewage disposal system approved by the local health department.
(b) Septic tanks shall not be located within five (5) feet of any unit, ac-
cessory building or structure, or permanent building. Leach or disposal
fields shall not be located within eight (8) feet of any unit, accessory
building or stiaicture, or permanent building.
(c) Recreational vehicle drain outlets shall discharge into the park
drainage system, or a closed, vented container approved by the local
health department.
(d) Recreational vehicles occupying lots without drain inlets, or ap-
proved containers, shall have the drain outlets of the vehicles capped with
a gas-tight cover.
(e) Any alternative means of sewage removal and disposal in a park
shall be approved by the local health department.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.4 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2252. Installation.
Listed nonmetallic pipe and fittings installed in park drainage systems
shall be installed in accordance with their listing and applicable stan-
dards. When installed under roadways, minimum depth of cover for non-
metallic drain pipe shall be thirty-six (36) inches. The pipe shall be
bedded on a minimum of three (3) inches of clean sand and shall be back-
filled with a minimum cover depth of six (6) inches of clean sand, granu-
lated earth or similar material. The trench shall then be backfilled in thin
layers to a minimum of twelve (12) inches above the top of the nonmetal-
lic pipe with clean earth, which shall not contain stones, boulders or other
materials, which would damage or break the pipe.
NOTE: Authority cited: Sections 1 8865 and 1 8873. 1, Health and Safety Code. Ref-
erence: Sections 18872 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2254. Drain Inlet.
(a) On lots provided with a drain inlet for a unit, the drain inlet shall
be not less than three (3) inches in diameter and shall be connected to an
approved sewage disposal system.
(b) When drain inlets are provided, they shall accommodate a threaded
or clamp-type fitting for connecting drain connectors at proper grade.
The drain inlet shall be accessible at ground level. The vertical riser of
a drain inlet shall not exceed three (3) inches in height above the concrete
supporting slab. Drain inlets shall be gas-tight when not in use.
(c) Each drain inlet shall be protected from movement by being en-
cased in a concrete slab not less than three and one-half (31/2) inches
thick and which surrounds the inlet by not less than six (6) inches on any
side.
(d) In parks constructed after July 7, 2004, that contain lot drain inlets,
the opening of the drain inlet shall not extend above the surrounding con-
crete. The surface of the concrete surrounding the drain inlet shall be
smooth finished concrete and shall slope a minimum of one-quarter (1/4)
inch per foot from the outer edge to the inner edge of the drain inlet.
(e) Drain inlets and extensions to grade shall be of material approved
for use under or within a building.
(f) The lot drain inlet shall be located within four (4) feet of the outside
of the unit.
NOTE: Authority cited: Sections 1 8865 and 18873.1, Health and Safety Code. Ref-
erence: Section 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of subsection (e) filed 12-26-2006; operative 1-2-2007 pursuant
to Government Code section 11 343 .4 (Register 2006, No. 52).
§ 2258. Trap.
(a) A lot drain inlet shall be provided with a trap except where:
(1) a recreational vehicle manufactured prior to January 1, 1999, is
bearing an insignia of approval issued by the department, or
(2) a recreational vehicle manufactured on or after January 1,1999,
bearing a label or insignia indicating that the recreational vehicles
manufacturer's construction and designs comply with either the Ameri-
can National Standards Institute (ANSI) Standard on recreational ve-
hicles, Al 19.2, or the ANSI Standard on recreational vehicle park trail-
ers, Al 19.5, is connected to the lot drain inlet.
(b) The park operator shall obtain the necessary permits from the en-
forcement agency and shall install the required trap and vent on the lot
drain inlet for all lots designed for accommodating vehicles not bearing
a department insignia of approval or evidence of compliance with appli-
cable ANSI standards.
(c) When a unit is installed, or proposed to be installed and its plumb-
ing fixtures are not protected by approved traps and vents, a lot drain inlet
shall be provided with an approved trap.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2260. Venting.
Where a drain inlet trap is provided, it shall be individually vented with
a vent pipe of not less than two (2) inches interior diameter unless the sys-
tem is a wet vented system as provided in section 2264 of this article.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2262. Vent Location and Support.
All vent pipes in outdoor locations shall be located at least ten (10) feet
from an adjoining property line and shall extend at least ten (10) feet
above ground level. All vent pipes shall be supported by at least the
equivalent of a four (4) inch by four (4) inch nominal dimension redwood
post securely anchored in the ground. One-piece galvanized iron vent
pipes may be self-supporting if securely anchored at their base in con-
crete at least, twelve (12) inches in depth and extending a minimum four
(4) inches out from the pipe.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2264. Wet Vented Systems.
(a) In lieu of the individual vents, the park drainage system may be wet
vented by means of a combination drain, waste, and vent system. Wet
vented systems in which the trap for one or more lots is not individually
vented shall be of sufficient size and provided with an adequate vent or
vents to assure free circulation of air. Wet vented drainage systems may
be permitted only when each such system conforms to Table 2268-1 and
Table 2268-2 and all of the following requirements for such systems:
(1) A wet vented drainage system shall have a terminal vent installed
not more than fifteen (15) feet downstream from the uppermost trap on
any branch line and shall be relief vented at intervals of not more than one
hundred (100) feet or portion thereof
(2) Wet vented drainage laterals shall be not more than six (6) feet in
length for three (3) inch diameter pipe and not more than fifteen (15) feet
in length for four (4) inch diameter pipe.
(3) No vertical drain pipe shall be permitted in any wet vented drainage
system, except the tail pipe of the trap or riser of the drain inlet. Tail pipes
shall be as short as possible, and in no case shall exceed two (2) feet in
length.
Page 84.22
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2274
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.1, Health and Safety Code. '
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.i28).
§ 2266. Systems Without Traps.
Terminal or relief vents are not required for drainage systems without
traps.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8873. 1 , Health and Safety Code.
HistorV
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.| 28).
§ 2268. Pipe Size.
(a) Each lot drain inlet shall be assigned a waste loading value of six
(6) fixture units and each park drainage system shall be sized according
to Table 2268-1 or as provided herein. Drainage laterals shall be not less
than three (3) inches in diameter.
(b) A park drainage system in which the grade, slope, or sizing of
drainage pipe does not meet the minimums specified in Tables 2268-1
or 2268-2 shall be designed by a registered engineer for a minimum ve-
locity flow of two (2) feet per second.
(c) Park drainage systems installed without P-traps or vents may be
sized for individually vented systems iii accordance with Table 2268-1
for individually vented systems.
(d) A park drainage system which exceeds the fixture unit loading of
Table 2268-1 shall be designed by a registered engineer.
Table 2268-1
Drainage Pipe Diameter and Number of
Fixture Units on Drainage System
Maximum No. of
Maximum No. of
Terminal &
Fixture Units
Fixture Units
Relief Vent
Size of Drainage
Individually
! Wet Vented
Wet Vented
Pipe (Inches)
Vented System
1 System
System (Inches)
3
35
1 14
2
4
180
! 35
3
5
356
1 180
4
6
600
! 356
4
Table 2268-2
Minimum Grade and Slope of Drainage Pipe
Slope
Slope
Pipe Size
per 100 ft.
' Pipe Size
per 100 ft.
(inches)
(inches)
(inches)
(inches)
2
25
6
8
3
20
1 8
4
4
15
\ 10
3 1/2
5
11
■ 12
3
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.1, Health and Safety Code. !
History
1. New section filed 7-6-2004; operative : 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
j
§ 2269. Recreational Vehicle Sanitation Stations.
(a) Recreational vehicle sanitation stations shall be provided in an ac-
cessible location. ;
(b) One recreational vehicle sanitation station shall be provided for
each one hundred (100) lots or portion thereof not provided with three (3)
inch drain inlets. ;
(c) Recreational vehicle sanitation Jstations are not required in tent
camps, incidental camping areas, or dry camps, but if provided, they shall
comply with the requirements of this Article.
NOTE: Authority cited: Section 18865.1, Heklth and Safety Code. Reference: Sec-
tions 18865.1, 18871.3, 18871.4 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2270. Sanitation Station Specifications.
(a) Each recreational vehicle sanitation station shall be provided with
a drain inlet not less than four (4) inches in diameter, discharging into a
trap not more than twenty-four (24) inches below the drain inlet. The
drain inlet shall be equipped with a hinged cover, which shall effectively
close the drain inlet when not in use.
(b) Each drain inlet shall discharge into a drainage lateral not less than
four (4) inches in diameter connected to a public sewer or private sewage
disposal system.
(c) The drain inlet of each recreational vehicle sanitation station shall
be set in a concrete drain receptor not less than three and one-half (3 1/2)
inches in thickness and not less than two (2) feet horizontally from the
drain inlet to the inside of the surrounding curb. The surrounding curb
shall be at least four (4) inches wide and two (2) inches above the floor
of the receptor. The inside surface of the drain receptor shall be smooth
finished concrete and shall slope a minimum of one-fourth (1/4) inch per
foot from the bottom of the curb to the lip of the drain inlet.
(d) A three-quarter (3/4) inch water hose connection shall be installed
at each recreational vehicle sanitation station to allow connection of a
hose for wash-down operation. A listed and approved backflow prevent-
ing vacuum breaker shall be permanently installed in the water service
pipe at least six (6) inches above the highest point of usage. Provisions
shall be made to store the wash-down hose off the ground.
(e) A sign providing operating instructions shall be posted at all recre-
ational vehicle sanitation stations.
NOTE; Authority cited: Section 18865. 1 , Health and Safety Code. Reference: Sec-
tions 18865.1, 18871.3, 18871.4 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2272. Sanitation Station Warning Sign.
(a) A warning sign shall be located immediately adjacent to the hose
connection of the recreational vehicle sanitation station and shall read:
DANGER, UNSAFE WATER
Use this hose to flush holding tank and drain receptor ONLY.
(b) The warning sign shall be not less than eighteen (18) inches by
twenty-four (24) inches and lettered in minimum size of not less than one
(1) inch lettering in a color contrasting with the background.
NOTE: Authority cited: Section 1 8865. 1, Health and Safety Code. Reference: Sec-
tions 18865.1, 18871.3, 18871.4 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2274. Lot Water Service Outlet.
(a) Each lot provided with a lot drain inlet shall be provided with a lot
water service outlet delivering safe, pure, and potable water. The lot wa-
ter service outlet riser shall be not less than three-quarter (3/4) inch nomi-
nal pipe size. Lots may be provided with a lot water service outlet where
no lot drain inlet has been installed.
(b) Each lot water service outlet shall be provided with an accessible
water outlet designed for connecting a three-fourths (3/4) inch female
swivel hose connection for emergency use, in addition to the unit water
connection.
(c) Where lot water service ouflets are not provided, water pipe risers
shall be installed throughout the special park occupancy area for the sup-
ply of potable water and fire suppression. Gravel, crushed rock, or other
approved material shall be provided at the base of each water pipe riser
as necessary to prevent the accumulation of standing water or muddy
conditions. Water pipe risers shall be installed within one hundred (100)
feet of all lots not provided with lot water service outlets.
(d) Potable water need not be supplied in an incidental camping area
if it is designated as a "dry camp" and occupants are so notified by the
operator. If water is supplied, it shall be safe, pure, and potable and ade-
quate for all the requirements of the incidental camping area.
NOTE: Authority cited: Section 18865.1, Health and Safety Code. Reference: Sec-
tions 18870.1 and 18873.1, Health and Safety Code.
Page 84.23
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§2276
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2276. Pressure.
(a) Parks constructed between July 1 1, 1979, and July 6, 2004, shall
have water distribution systems capable of providing a pressure not less
than fifteen (15) pounds per square inch at each lot at maximum operating
conditions. Parks constructed before and after the above dates must be
capable of maintaining twenty (20) pounds per square inch at maximum
operating conditions.
(b) The testing of a water system in a park to determine the maximum
operating condition shall be either performed at the reported time of max-
imum water pressure loss, if within normal business hours, or measured
with twenty-five (25) percent of the required lot water supply outlets, as
defined in section 2308 of this chapter, open with the pressure metering
device at the end of the tested line.
NOTE: Authority cited: Sections 18865 and 18873.1, Health and Safety Code.
Reference: Sections 18865 and 18873.1, Health and Safety Code.
History
1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 29).
2. Editorial correction of History 1 (Register 2005, No. 33).
§ 2278. Water Pipe Size.
(a) The quantity of water required to be supplied to each lot provided
with a drain inlet shall be as required for six (6) fixture units.
(b) Park water distribution systems shall be designed and installed as
set forth in the California Plumbing Code, Chapter 6, and Appendix A.
NOTE; Authority cited: Sections 1 8865 and 18873.1, Health and Safety Code. Ref-
erence: Section 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2280. l\/lechanlcal Protection.
Where subject to physical damage, all park water service oudets shall
be protected by posts, fencing, or other barriers approved by the enforce-
ment agency.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2284. Water Conditioning Equipment.
(a) A permit shall be obtained from the enforcement agency prior to
installing any regenerating water conditioning equipment on a lot. Ap-
proval of the park operator is required on all applications for a permit to
install such equipment. Where the water conditioning equipment is of the
regenerating type, and the park drainage system discharges into a public
sewer, approval of the sanitary district or agency having jurisdiction over
the public sewer is required prior to issuance of the permit.
(b) Regenerating water conditioning equipment shall be listed and la-
beled by an approved listing agency.
(c) Regenerating units shall discharge the effluent of regeneration into
a trap not less than one and one-half (1 1/2) inches in diameter connected
to the park drainage system. An approved air gap shall be installed on the
discharge line a minimum of twelve (12) inches above the ground. The
trap need not be vented.
(d) Electrical supply connections to regenerating water conditioning
equipment shall comply with the requirements of this chapter.
NOTE: Authority cited: Section 18865. Health and Safety Code. Reference: Sec-
tions 18873.1 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Article 6. Fire Protection Standards for
Parks
§ 2300. Application and Scope.
(a) For parks with a permit to construct dated on or after July 7, 2004,
fire protection equipment meeting the requirements of the National Fire
Protection Association (N.F.P.A.) Standard No. 24, 1995 Edition, which
is hereby incorporated by reference, shall be installed and maintained in
every park consisting of fifteen (15) or more lots, or parks enlarged to
consist of fifteen (15) or more lots. Installation of fire protection equip-
ment is required only for the new lots added.
(b) For parks with a permit to construct dated between September 1,
1968, and July 7, 2004, Fire protection equipment meeting the require-
ments of the National Fire Protection Association (N.F.P.A.) Standard
No. 24,1977 Edition, which is hereby incorporated by reference, shall be
maintained in every park consisting of 15 or more lots.
(c) Testing of Private Fire Hydrants. Park owners and operators shall
be responsible for the operation and water flow requirements of all pri-
vate fire hydrants installed in any park, regardless of its age or number
of lots in the park, and responsible for compliance with other applicable
provisions of this article.
(d) Reciprocity of Enforcement Agencies. The provisions of section
2302 and sections 2316 through 2318 of this article, do not create any ob-
ligation for the enforcement agency to report violations to a fire agency,
or for the fire agency to report violaUons to the enforcement agency.
However, this subsection does not preclude either enforcement agencies
or fire agencies from sharing information related to fire prevention or
suppression in parks.
NOTE: Authority cited: Sections 1 8865 and 1 8873.5, Health and Safety Code. Ref-
erence: Section 18873.5, Health and Safety Code.
History
1. New article 6 (sections 2300-2319) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 11343.4 (Resister 2004, No.
28).
§ 2302. Local Fire Prevention Code Enforcement.
(a) When the department is the enforcement agency, a fire agency, as
defined in this chapter, may elect to assume responsibility to enforce its
fire prevention code in parks, within its jurisdictional boundaries, by pro-
viding the department with a written thirty (30)-day notice pursuant to
Health and Safety Code section 18873.5 (d).
(b) The written notice assuming enforcement responsibilities for fire
prevention shall clearly identify the geographical boundaries of the juris-
diction of the fire agency and include the name and address of each park
located within these geographical boundaries.
(c) The fire agency that has assumed responsibility to enforce its fire
prevention code in parks within its jurisdictional boundaries pursuant to
this article, shall do all of the following:
(1) Enforce its fire prevention code as it applies to each of the follow-
ing areas: fire hydrant systems, water supply, fire equipment access,
posting of fire equipment access, parking, lot identification, weed abate-
ment, debris abatement, combustible storage abatement and burglar bars.
(2) Apply its fire prevention code provisions only to conditions:
(A) that arise after the adoption of its fire prevention code;
(B) not legally in existence at the adoption of its fire prevention code;
or
(C) that, in the opinion of the fire chief, constitute a distinct hazard to
life or property.
(3) Upon assuming responsibility to enforce its fire prevention code
in parks within its jurisdictional boundaries, the fire agency shall notify
all park operators within thirty (30) days of the assumption of enforce-
ment responsibility.
(A) This notification shall include identification of the specific appli-
cable codes that will be enforced, where copies of the identified codes
may be obtained, and the scope and proposed time frame of any estab-
Ushed or proposed inspection program.
Page 84.24
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§ 2316
(B) The park operator shall post a copy of the notification in the park
as near as possible to the location where the annual permit to operate is
posted in order to advise the occupants of the park of the change in en-
forcement jurisdiction.
(d) A fire agency that has assumed responsibility for enforcement of
its fire prevention code, pursuant to this article and Section 18873.5 of
the Health and Safety Code, shall also be deemed to have assumed fire
prevention enforcement responsibility within its jurisdictional bound-
aries, for all mobilehome parks, as set forth in Title 25, California Code
of Regulations, commencing with Section 1300 and Section 18691 of the
Health and Safety Code,
(e) If a fire agency, that has assumed responsibility to enforce its fire
prevention code in parks within its jurisdictional boundaries, decides to
cancel its responsibility, it shall provide the following:
(1) A written notice to the department not less than thirty (30) days
prior to the proposed cancellation date.
(2) A written cancellation notice clearly identifying the geographical
boundaries of the jurisdiction, for which the fire agency is returning en-
forcement, and includes the name and address of each park located within
these geographical boundaries.
(3) A written notification to all park operators within its jurisdictional
boundaries of the cancellation of enforcement responsibility prior to the
date of cancellation of enforcement responsibility. The notice shall con-
tain the date of transfer for enforcement responsibility and a statement to
the park operator to post the notice. i
(A) The park operator shall post a copy of the notification in the park
as near as possible to the location where the annual permit to operate is
posted in order to advise the occupants of the park of the change in en-
forcement jurisdiction.
(4) Transfer all park records to the department on or before the effec-
tive date of the transfer of enforcement responsibility.
(f) A fire agency canceling its responsibility for enforcement of its fire
prevention code, according to this article and Section 18873.5 of the
Health and Safety Code, shall also be deemed to have canceled its fire
prevention enforcement responsibility, within its jurisdictional bound-
aries, for all mobilehome parks, as set forth in Title 25, California Code
of Regulations, commencing with Section 1300 and Section 18691 of the
Health and Safety Code.
NOTE: Authority cited: Sections 1 8865 and 1 8873.5, Health and Safety Code. Ref-
erence: Sections 18865 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2304. Local Regulations.
(a) The provisions of this article are not applicable in parks located
within a city, county, or city and county that is the enforcement agency
and has adopted and is enforcing a fire prevention code imposing restric-
tions equal to or greater than the restrictions imposed by this article.
(b) Any reporting requirements imposed by the local agency fire pre-
vention code shall be in addition to, and shall not replace, the reporting
requirements of this article. I
NOTE: Authority cited: Sections 1 8865 and 1 8873.5, Health and Safety Code. Ref-
erence: Sections 18865 and 18873.5, Health and Safety Code.
History
]. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
I
§ 2305. Fire Fighting Instructions.
In areas where fire department services are not available the park oper-
ator shall be responsible for the instruction of park staff in the use of pri-
vate park fire protection equipment and their specific duties in the event
of fire.
NOTE: Authority cited: Sections 18865 and 1 8873.5, Health and Safety Code. Ref-
erence: Section 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2306. Permits Required.
No person shall construct, reconstruct, modify, or alter any installa-
tions relating to fire protection equipment within a park unless a written
permit has been obtained from the enforcement agency with written evi-
dence of approval from the fire agency responsible for fire suppression
in the park.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference; Sec-
tion 18870, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 2308. Lot Installations.
When water service is provided to a lot, each lot constructed shall have
installed an accessible three-fourths (3/4)-inch valved water outlet with
an approved vacuum breaker installed, designed for connecting a three-
fourths (3/4)-inch female swivel hose connection for fire suppression
use in addition to the water connection to the unit.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18873.5, Health and Safety Code.
History
]. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 231 0. Alternate Systems.
Where the required water supp)ly is inadequate to comply with the pro-
visions of this article and either outside protection, or local conditions
justify reducing this requirement, other hydrant systems may be installed
provided the alternate system is approved by the fire agency responsible
for fire suppression in the park and by the enforcement agency.
NOTE: Authority cited: Sections 1 8865 and 1 8873.5, Health and Safety Code. Ref-
erence: Section 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1343.4 (Register 2004, No. 28).
§ 231 2. Private Systems.
In areas where fire department services are not available, as deter-
mined by the enforcement agency, a private fire protection system shall
be installed and maintained consisting of hydrant or wet standpipe risers
connected to the park water main or a separate system capable of deliver-
ing seventy-five (75) gallons per minute at thirty (30) psi with at least two
lines open, in addition to the normal requirements of the park, and with
the hydrants or wet standpipes located within seventy-five (75) feet of
each lot. Each hydrant or wet standpipe shall be provided with an ap-
proved one and one-half (1 1/2) inch hose valve and connection with one
(1) one and one-half (1 1/2) inch national standard male outlet and shall
have connected thereto a minimum of seventy-five (75) feet of one and
one-half (1 1/2) inch cotton or dacron jacketed rubber lined fire hose with
an approved cone type nozzle with a minimum one-half (1/2) inch ori-
fice. The fire hose shall be mounted on an approved hose rack or reel en-
closed in a weather resistant cabinet which shall be painted red and
marked "FIRE HOSE" in four (4) inch letters of contrasting color.
NOTE; Authority cited: Sections 18865, 18872, and 18873.5, Health and Safety
Code. Reference: Sections 18872 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11 343 .4 (Register 2004, No. 28).
§ 231 4. Care of Equipment.
All fire protection and suppression equipment shall be protected
against freezing in any areas subject to freezing.
NOTE; Authority cited: Secfion 18865, Health and Safety Code. Reference: Sec-
fion 18873.5, Health and Safety Code.
History
1. New secfion filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§ 2316. Private Fire Hydrant Operation and Water Flow
Requirements.
(a) Private fire hydrants, as defined in this article, shall meet the opera-
tional requirements as prescribed in subsection (b) of this section, and
Page 84.25
Register 2006, No. 52; 12-29-2006
§2317
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
meet the water flow standards prescribed by subsection (c) of this sec-
tion.
(b) Operation. Private fire hydrants shall have at least the following
characteristics in order to be considered operational for the purposes of
this article:
(1) valves that operate freely and are properly lubricated;
(2) threads and caps that are undamaged;
(3) reasonable protection from vehicular damage;
(4) outlets on hydrants are fourteen (14) inches to twenty-four (24) in-
ches above grade. Standpipes outlets need not be a specific height, but
must be readily accessible.
(5) Thirty-six (36) inches of unobstructed access around the hydrants;
(6) locators or markings to clearly identify their location; and
(7) each one and one-half (1 1/2) inch hydrant meets the requirements
for hoses, locations, storage and storage cabinet marking as defined in
section 23 1 2 of this article.
(c) Water Flow. Private fire hydrants, as defined in this article, shall
have water flow not less than any one of the following:
(1) Five hundred (500) gallons per minute with a minimum residual
pressure of twenty (20) psi for a fire hydrant with a four (4) inch or larger
barrel or riser, or
(2) Two hundred-fifty (250) gallons per minute with a minimum re-
sidual pressure of twenty (20) psi for a fire hydrant with a two and one-
half (21/2) inch barrel or riser, or
(3) Seventy-five (75) gallons per minute with a minimum residual
pressure of thirty (30) psi for afire hydrant with a one and one-half (1 1/2)
inch ouUet with an approved one and one-half (11/2) inch hose as re-
quired in section 2312.
NOTE: Authority cited: Sections 1 8865 and 1 8873.5, Health and Safety Code. Ref-
erence: Section 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 2317. Private Fire Hydrant Test and Certification.
(a) Verification of Private Fire Hydrant Test and CerUfication. The
Private Fire Hydrant Test and Certification Report, a form defined in sec-
tion 2002 of this chapter, shall be used to verify that private fire hydrants
have been tested and certified for operation and water flow. All park op-
erators shall submit the form, including parks that qualify for testing ex-
ceptions, to the enforcement agency for the park.
(b) Annual Test and Certification of Operation. Private fire hydrants
shall be tested annually in order to determine that they are operational as
specified in subsection 2316(b) of this article. Verification shall be sub-
mitted to the enforcement agency and to the fire agency responsible for
fire suppression in the park, as required in section 23 1 9 of this article. The
annual hydrant operational test may be performed and verified by a park
operator for the years between the five-year water flow tests. However,
the five-year test and certification of water flow and the operational test
performed at that time shall not be certified by the park operator. The
five-year test and certification of water flow and the operational test shall
only be certified by one of the enfides listed in subsection (c) of this sec-
tion.
(c) Five- Year Test and Certification of Water Flow and Operational
Test.
(1) Private fire hydrants shall be tested and certified at least once every
five (5) years for minimum water flow as prescribed in section 2316 of
this article, as well as for operation as specified in subsection 1316(b) of
this article. Certification shall be submitted to the enforcement agency
and to the fire agency responsible for fire suppression in the park as re-
quired in section 2319 of this article.
(2) Parks existing prior to December 31, 2002, shall submit verifica-
tion of their five-year test and certification for minimum water flow, be-
ginning with the permit to operate renewal year 2008, after the initial wa-
ter flow test has been completed.
(3) The five-year test and certification of the required water flow and
the operational test shall be conducted during the 12 months prior to the
renewal of each fifth year park permit to operate. The previous five-year
renewal for the prior permit to operate must have complied with the re-
quired water flow standards set forth in section 2316 of this article.
(4) Testing for the required water flow shall be conducted in such a
manner as to ensure there is no pollution of the storm drain system or any
other water or drainage systems within, or serving, the park, and no dam-
age to structures or improvements within or outside of the park.
(5) The test results reported on the designated form shall only be certi-
fied by one of the following:
(A) the fire agency responsible for fire suppression in the park,
(B) a local water supplier,
(C) a licensed C-16 Fire Protection Contractor, or
(D) a licensed Fire Protection Engineer.
(6) In order to certify the test results reported on the form, the fire
agency responsible for fire suppression in the park, local water supplier,
licensed C-16 fire protection contractor, or licensed Fire Protection En-
gineer shall witness the test. The fire agency responsible for fire suppres-
sion in the park, local water supplier, licensed C-16 fire protection con-
tractor, or licensed Fire Protection Engineer, may also perform the test.
NOTE: Authority cited: Sections 1 8865, 1 8865.05, 1 8872 and 1 8873.5, Health and
Safety Code. Reference: Section 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
2. Amendment of section and Note filed 12-26-2006; operative 1-2-2007 pur-
suant to Government Code section 11343.4 (Register 2006, No. 52).
§ 2318. Private Fire Hydrants With Violations.
(a) Correction of Violation. If, at any time, a test undertaken pursuant
to this article, or any other test or event, indicates that a private fire hy-
drant is in violation of any provision of section 2316, within sixty (60)
days of the date of the event or the test of the private fire hydrant, the park
operator shall obtain a permit to construct from the park enforcement
agency, and shall promptiy begin and maintain activity to ensure the pri-
vate fire hydrant meets the minimum requirements of this article. This
timeframe may be extended for extenuating circumstances subject to ap-
proval by the enforcement agency.
(b) Approval to Use Existing Private Fire Hydrant. Where the water
flow test of a private fire hydrant reveals a water flow less than that speci-
fied in subsection 2316(c) of this article, and it is determined that the pri-
vate fire hydrant cannot be repaired to meet the water flow requirement,
the park operator may request approval from the fire agency responsible
for fire suppression in that park to continue using the existing private fire
hydrant. Approval to use the existing private fire hydrant may be granted
by an authorized agent for the fire agency responsible for fire suppression
in the park, by signing Part VI on the form prescribed in subsection
2317(a).
NOTE: Authority cited: Sections 1 8865 and 1 8873.5, Health and Safety Code. Ref-
erence: Section 18873.5, Health and Safety Code.
History
1, New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2319. Private Fire Hydrant Compliance For Park
Operation.
(a) Permits to operate shall not be issued for parks with private fire hy-
drants that do not meet the requirements of this article.
(b) When applying for or renewing a permit to operate, the park opera-
tor shall submit the original form prescribed in subsection 2317(a) to the
enforcement agency, as defined in this article, and a copy forwarded to
the fire agency responsible for fire suppression in the park.
(c) Provided a park meets all other requirements for obtaining or re-
newing a permit to operate, a permit to operate may be issued to a park
where the form prescribed in subsection 2317(a), has been submitted to
the enforcement agency and one of the following options exists:
(1) the form shows no violations;
(2) the water flow test reveals a water flow less than that specified in
subsection 2316(c) of this article, and the park operator has obtained an
approval for the continued use of the existing private fire hydrant from
Page 84.26
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2330
the fire agency responsible for fire suppression in that park, pursuant to
subsection 2318(b); |
(3) a construction permit has been obtained and activity maintained to
ensure the private fire hydrant meets the minimum requirements of this
article;
(4) all violations of section 2316 are corrected, and a revised or final
form as prescribed in section 2317(a), verifying the correction, has been
submitted to the enforcement agency; or
(5) the system meets or exceeds the requirements approved at the time
of its construction.
(d) Refusal to issue a permit to operate pursuant to this subsection shall
not preclude a park enforcement agency from pursuing other enforce-
ment remedies as provided by law, or the fire agency from pursuing en-
forcement remedies provided by applicable laws or ordinances.
(e) The enforcement agency shall maintain, for a minimum of six (6)
years, all copies of the form prescribed in subsection 23 1 7(a), which shall
be available for review by the department.
NOTE; Authority cited: Sections 18865 and 18873.5, Health and Safety Code. Ref-
erence: Section 18873.5, Health and Safety Code.
History
1 . New section filed 7-6-2004; operative! 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
i
2. Amendment of subsections (c)(2)-(4) and new subsection (c)(5) filed
7-22-2005; operative 7-22-2005 pursuant to Government Code section
1 1 343.4 (Register 2005, No. 29). '
3. Editorial correction of History 2 (Register 2005, No. 33).
Article 7. Installations and Facilities
§ 2320. Application and Scope.
(a) When an MH-unit or commercial modular is installed in a special
occupancy park pursuant to section 21 l:8(b), the installation shall comply
with Chapter 2 of this Division. ;
(b) Existing construction, connectioris, and installations of units, made
before the effective date of the requirements of this chapter may continue
in use so long as they were in compliance with requirements in effect at
the date of their installation and are not found to be substandard.
NOTE: Authority cited: Sections 1 8865, Health and Safety Code. Reference: Sec-
tion 18613, Health and Safety Code. [
History
1. New article 7 (sections 2320-2360) arid section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 2322. Removal of Vehicle Towing Hitch and Wheels.
A recreational vehicle towing hitch shall not be removed from the ve-
hicle unless it is designed to be removed and reinstalled. When the hitch
has been removed from a unit, it shall be readily available for reinstalla-
tion. The wheels, vehicle axles, and their assemblies shall not be re-
moved.
NOTE: Authority cited: Section 18865.1, Health and Safety Code. Reference: Sec-
tion 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
1
§ 2324. Installation Permits.
(a) A permit shall be obtained from the enforcement agency each time
a camping cabin is to be located or installed on any site in a park.
(b) A permit shall not be required for locating or installing a recreation-
al vehicle on a lot. i
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8870, Health and Safety Code. I
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2327. Camping Cabins.
(a) Camping cabin design, construction and installation shall comply
with the requirements specified in sections 1 8862.5 and 1 887 1.11 of the
Health and Safety Code.
(b) Camping cabins shall meet the roof live load requirements for ac-
cessory structures in accordance with section 2433 of this chapter.
(c) All sleeping rooms shall have smoke alarms installed in accordance
with Section 310.9 of the California Building Code. Alarms may be bat-
tery powered only when electrical service is not supplied to the cabin.
(d) Camping cabins shall not exceed four hundred (400) square feet as
measured by the camping cabin's footprint, to include built-in porches
or stairways contained within the original cabin footprint.
(e) When a camping cabin is required to meet accessibility require-
ments, it shall comply with the requirements specified in Chapter 1 IB of
the California Building Code for parking, path of travel and access up to
the camping cabin.
(f) A camping cabin shall be readily relocatable.
(g) Accessory structures for camping cabins shall comply with provi-
sions of section 2422 of this chapter.
(h) Fuel burning heating or cooking appliances shall not be operated
in a camping cabin.
(i) No plumbing of any kind shall be installed in a camping cabin.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18862.5 and 18871.1 1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2328. Utility Facilities.
When utilities are supplied to a lot or site in a park, all connections to
those utiUties shall comply with the requirements of this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18872, 18873.1, 18873.3 and 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§ 2330. Unit Separation and Setback Requirements Within
Parks.
(a) In parks, or portions of parks, units shall not be located closer than
six (6) feet from any permanent building or another unit.
(b) A unit shall be located a minimum of three (3) feet from all lot lines.
However, a three (3) foot setback is not required from a lot line bordering
a roadway when the roadway is located within the park.
(c) When a unit has projections, including eave overhangs, a minimum
six (6) foot separation shall be maintained between the edge of any pro-
jection or eave overhang and an adjacent, unit, permanent building, com-
bustible accessory building or structure and its projection, or eave over-
hang. A minimum of three (3) feet shall be maintained from the unit's
projection or eave overhang and the adjacent lot line or property line.
However, a unit may be installed up to a park roadway or common area
provided there is no combustible building or structure in the common
area within six (6) feet, and no building or structure of any kind within
three (3) feet, of any portion of the unit. The maximum seventy-five per-
cent (75%) lot coverage allowed by section 21 10 of this chapter shall be
maintained. Projections or eave overhangs shiill not extend beyond a lot
Une bordering a roadway or common area.
(d) Lot Hues shall be identified as prescribed by section 2104.
(e) Setback and separation requirements for accessory structures or
buildings or building components installed prior to the effective date of
this chapter, are contained in section 2428 of article 9.
NOTE; Authority cited: Sections 18865, 18865.05, 18872 and 18873, Health and
Safety Code. Reference: Sections 18865, 18872, 18873 and 18873.5, Health and
Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsecUon (c) and Note filed 12-26-2006; operative 1-2-2007
pursuant to Government Code secfion 11343.4 (Register 2006, No. 52).
Page 84.27
Register 2006, No. 52; 12-29-2006
§ 2333
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 2333. Foundations.
A recreational vehicle or camping cabin shall not be permanently af-
fixed to a lot or installed on a foundation system.
NOTE; Authority cited: Section 18865.1,HealthandSafety Code. Reference: Sec-
tions 18871 and 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2334. Accessory Structure Support Piers and Footings.
(a) Load bearing piers shall be constructed of rust resistant materials
or treated to resist rust and designed and constructed in accordance with
the design requirements of California Building Code , Part 2, Chapters
16, 19, 21, 22 and 23. The required load bearing capacity of individual
support piers and their footings shall be calculated at not less than a com-
bined live and dead load of seventy-five (75) psf, based on roof live and
dead load of twenty-five (25) psf and floor Uve and dead load of fifty (50)
psf of the accessory structure.
(b) Load bearing piers, other than concrete block piers, shall be tested
to determine the safe operating load. The tests shall be conducted by test-
ing agencies approved by the department. Testing agencies shall provide
a pier testing report to the department upon completion, regardless of the
testing results. A unique number provided by the testing agency shall
identify each test report. The following testing procedures shall be used:
(1) A compression test shall be performed on three (3) piers of the
same height and construction, selected randomly at the pier manufactur-
ing facility by a representative of the testing agency.
(A) The compression test shall be performed on piers with all required
design assemblies installed, such as adjustable tops, clamps, securement
devices or similar assemblies.
(B) The selected piers shall be subjected to the compression test with
each pier, fully assembled as will be installed, placed squarely on a firm
base, and tested to its failure point. The compression test shall be mea-
sured in psf. Support pier failure will be established when the support
bends, cracks, buckles or deflects to an unsafe level as determined by the
approved testing agency.
(C) The safe operating load of a support pier is one-third (1/3) the av-
erage of the three (3) failure tests.
(2) When piers differ in height or construction, design tests and evalua-
tions must be performed on each type of pier.
(c) Tested load bearing piers, other than concrete block piers, shall be
listed and labeled as follows:
(1) Listing of piers shall be conducted by listing agencies approved by
the department.
(A) The listing agency shall conduct manufacturer facility audits and
prepare finding reports not less than once per year. The audit report will
include, at a minimum:
(i) the review of pier construction for compliance with manufactured
designs as approved by the testing agency,
(ii) the materials used in its construction including type, size, and
weight,
(iii) the manufacturer's quality control program, if applicable, and
(iv) the label apphcation and label control process.
(B) Tlie listing agency shall provide an annual report of its approval
and audit findings.
(2) Pier supports shall display a legible permanent label of approval,
visible when the pier support is installed. The label shall contain the fol-
lowing information:
(A) Manufacturer's name,
(B) Listing agency name,
(C) Listing number issued by the listing agency,
(D) Testing agency's approved operating load, and
(E) Testing agency's test report number.
(d) Individual load bearing footings may be placed on the surface of
the ground, and shall be placed level on cleared, firm, undisturbed soil
or compacted fill. Where unusual soil conditions exist, as determined by
the enforcement agency, footings shall be designed to compensate for
such conditions. The allowable loading on the soil shall not exceed one-
thousand (1,000) psf unless data to substantiate the use of higher values
is approved by the enforcement agency.
(e) Footings shall be adequate in size to withstand the tributary hve and
dead loads of the accessory structure and any concentrated loads. The
length to width ratio of the footing shall not exceed two and one-half (2
1/2) to one (1).
Individual footings for load bearing supports or devices shall consist
of one of the following:
(1) Pressure treated lumber which meets the following requirements:
(A) Not less than two (2) inch nominal thickness with a minimum of
twenty-five (25) percent of the individual footings identified by an ap-
proved listing agency, as being pressure treated for ground contact.
(B) Knots. Well spaced knots of any quality are permitted in sizes not
to exceed the following or equivalent displacement:
Nom. Width Any Location Holes (Any Cause)
10"
12"
14"
2 3/8"
3"
3 3/4"
4 1/4"
4 5/8"
1 1/2"
2"
One Hole or
2 1/2"
Equivalent
3"
Per Piece
3 1/2"
(C) Splits. In no case exceed one-sixth (1/6) the length of the piece.
(D) Honeycomb or Peck. Limited to small spots or streaks of firm hon-
eycomb or peck equivalent in size to holes listed in (B) above.
(2) Precast or poured in place concrete footings not less than three and
one-half (3 1/2) inches in thickness. The concrete shall have a minimum
twenty-eight (28) day compressive strength of not less than two-thou-
sand-five-hundred (2500) psi.
(3) Other material, approved by the department, providing equivalent
load bearing capacity and resistance to decay.
(f) Individual load bearing piers or devices and footings shall be de-
signed and constructed with sufficient rigidity and bearing area to evenly
distribute the loads carried over one-third (1/3) the area of the footings
as measured from the center of the footing. When two (2) or more two
(2) inch nominal wood pads placed side-by-side on the ground are used
as a pier footing, a single wood cross pad must be installed on top of the
ground contact pads at a ninety (90) degree angle so as to place the direc-
tional wood grains opposing to each other. The cross pad must be of a
length to cover each ground contact pad and be of two (2) inch nominal
thickness. Footings shall be constructed of sufficient rigidity to evenly
distribute the loads carried to the ground without bowing or splitting.
(g) When multiple wood footings are stacked, they shall be secured to-
gether with corrosion resistant fasteners at all four (4) comers of the pad
which will penetrate at least eighty (80) percent of the base pad to prevent
shifting.
Note; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 1 8865, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2337. Support Inspection.
At the time of inspection, the installation of the accessory structure on
its support system shall be complete and the area under the accessory
structure shall be accessible for inspection.
(a) Skirting shall not be installed until all underfloor installations have
been approved by the enforcement agency.
(b) Masonry walls shall not be installed until all underfloor installa-
tions have been approved by the enforcement agency, unless the installa-
tion of the masonry wall is required to provide perimeter support to the
accessory structure.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18871.3, Health and Safety Code
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2344. Clearances.
(a) A minimum clearance of twelve (12) inches shall be maintained
under all horizontal structural members of accessory structures.
Page 84.28
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2382
(b) The finished floor of a camping cabin shall not exceed eighteen
(18) inches in height above the ground.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18865, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No.|28).
§ 2346. Skirting Design and Construction.
(a) Where the space beneath an accessory structure is enclosed, there
shall be provided a removable access panel opening a minimum of eigh-
teen ( 1 8) inches by twenty-four (24) inches unobstructed by pipes, ducts,
or other equipment that may impede access. The access panel shall not
be fastened by any means requiring the use of a special tool or device to
remove the panel. j
(b) Cross ventilation shall be provided by openings having a net area
of not less than one and one-half (1 1/2) Square feet for each twenty-five
(25) linear feet of the accessory structure and including all enclosed un-
ventilated stmctures. The openings shall be provided on at least the two
(2) opposite sides along the greatest length of the unit and shall be
installed as close to all the comers as practicable.
(c) When wood siding or equivalent home siding products are used as
underfloor enclosure material, the installation shall comply with the sid-
ing manufacturer installation instructions. Where siding manufacturer
installation instructions are not availablb, the installation shall conform
I
to the provisions of the California Building Code. All wood products
used in underfloor enclosure construction located closer than six (6) in-
ches to earth shall be treated wood or wood of natural resistance to decay.
Where located on concrete slabs placed on earth, wood shall be treated
wood or wood of natural resistance to decay.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No.i 28).
§ 2352. Electrical Feeder Assembly.
(a) A recreational vehicle or camping cabin shall be connected to the
lot service equipment by one of the following means:
(1) A listed power supply cord approved for mobilehome or recre-
ational vehicle use. i
(2) A power supply cord bearing the' following markings: Type SO,
ST, or STO. The cord shall not be spliced.
(b) The male attachment plug shall conform with provisions of Ar-
ticles 550 or 551 of the California Electrical Code.
(c) The conductors shall be sized for the electrical load shown on the
unit's electrical label. i
(d) In the absence of an electrical label on the unit or the unit manufac-
turer's approved installation instructiohs, the conductors shall be sized
in accordance with the calculated load as determined by the provisions
of the California Electrical Code, Articles 1, 2, and 3.
(e) Only one (1) power supply connection to a unit shall be permitted.
(f) Power supply cords shall not be buried or encased in concrete.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No; 28).
t
§ 2354. Unit Gas Connector.
(a) Each unit connected to the lot outlet shall be connected by an ap-
proved flexible gas connector, listed for its intended use, not more than
six (6) feet in length and of adequate size to supply the unit's gas ap-
pliance demand, as evidenced by the label on the unit. In the absence of
a label, the unit' s demand shall be deterntined by the California Plumbing
Code, Chapter 12.
(b) Only one (1) gas supply connection to a unit shall be permitted.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2356. Unit Water Connector.
A unit shall be connected to the lot water service outlet by a flexible
connector approved for potable water.
NOTE: Authority cited: Section 18865. Health and Safety Code. Reference: Sec-
tions 18871 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2358. Drain, Unit.
(a) Drain connectors and fittings for recreational vehicles shall be
listed and approved for drain and waste.
(b) Recreational vehicles located in a park for more than 3 months, or
units with plumbing that are not self-contained, shall be connected to the
lot drain inlet by means of a drain connector consisting of approved pipe
not less than schedule 40, with listed and approved fittings and connec-
tors, and shall not be less in size than the unit drain outlet. A listed and
approved flexible connector shall be provided at the lot drain inlet end
of the pipe.
(c) A drain connector shall be gas-tight and no longer than necessary
to make the connection between the unit's drain outlet and the drain inlet
on the lot.
(d) Vehicles occupying lots without drain inlets shall have the drain
outlet of the vehicle capped gas-tight, unless discharged into an ap-
proved, closed, vented container.
NOTE: Authority cited: Section 18865. Health and Safety Code. Reference: Sec-
tions 18871 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2360. Air-Conditioning Installation.
If a unit is not pre-wired for air-conditioning equipment, it shall be
energized from the lot service, provided the park electrical system has the
capacity to supply the additional air-conditioning load and a permit to
construct is obtained for the alteration of the lot electrical service.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871, 18873.3 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Article 8. Permanent Buildings and
Commercial Modulars
§ 2382. Application and Scope.
(a) The requirements of this article shall apply to the construction, al-
teration, repair, use, maintenance, and occupancy of permanent build-
ings and commercial modulars in parks. The provisions of this article re-
lating to permanent buildings and commercial modulars in parks do not
apply to accessory buildings or structures or building components estab-
lished for use of an occupant of a unit. The department shall administer
and enforce all of the provisions of this article relating to permanent
buildings and commercial modulars in parks except in a city, county, or
city and county, which has assumed responsibility for enforcement of Di-
vision 13, Part 2.3 of the Health and Safety Code and this chapter.
(b) Existing construction, connections, and installations of plumbing,
electrical, fuel gas, fire protection, within permanent buildings or com-
mercial modulars in parks, made before the effective date of the require-
ments of this chapter may continue in use so long as they were in com-
pliance with requirements in effect at the date of their installation and are
not found to be substandard.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18865, 18873, 18873.1, 18873.3 and 18873.4, Health and Safety Code.
Page 84.29
Register 2006, No. 52; 12-29-2006
§2388
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New article 8 (sections 2382-2399) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
§ 2388. Construction of Permanent Buildings.
(a) Design and construction requirements for permanent buildings in
parks are found in the California Building Code.
(b) The requirements for electrical wiring, fixtures, and equipment
installed in permanent buildings in parks are found in the California Elec-
trical Code.
(c) The requirements for fuel gas equipment and installations installed
in permanent buildings in parks are found in the California Mechanical
Code.
(d) The requirements for plumbing in permanent buildings in parks are
found in the California Plumbing Code.
(e) The requirements for fire protection equipment and installations in
all permanent buildings are found in the applicable requirements of the
California Building Code.
(f) The energy conservation requirements for all permanent buildings
which contain conditioned space are found in the energy conservation
standards for new non-residential buildings contained in the California
Energy Code.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18873, 18873.1, 18873.3, 18873.4 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 2399. Commercial Modular Requirements.
(a) The applicant for a permit to install a commercial modular in a park
in lieu of a permanent building shall submit a request for an alternate ap-
proval to the department in accordance with section 2016. The request
for alternate approval shall be accompanied by evidence of compliance
with section 2032 of this chapter.
(b) A commercial modular installed in a park shall bear an insignia of
approval issued by the department in accordance with Health and Safety
Code section 18026.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18865.6 and 18873, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Article 9.
Accessory Buildings and
Structures
§ 2422. Application and Scope.
(a) Except as otherwise noted, the requirements of this article shall ap-
ply to the construction, use, maintenance, and occupancy of accessory
buildings or structures and building components constructed or installed
adjacent to units both within and outside of parks.
(b) Accessory buildings or structures, or building components that are
constnicted and maintained in accordance with those statutes and regula-
tions which were in effect on the date of original construction, are not
subject to the requirements of subsequent regulations. An accessory
building or structure or building component that is moved to a different
location shall be subject to the permit to construct requirements of this
chapter. Any alterations or additions must comply with the current provi-
sions of this chapter.
(c) Accessory structures, excluding those not requiring a permit to
construct as set forth in section 201 8 of this chapter, shall not be attached
to, be supported by, or transmit any loads to, a recreational vehicle.
(d) Accessory buildings and structures or building components,
installed on a MH-unit lot in a special occupancy park, shall comply with
the exiting requirements in section 1429 of chapter 2.
(e) Stairways and ramps required for ingress and egress for camping
cabins shall be freestanding and are the only accessory stioictures per-
mitted on a lot with a camping cabin.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18863.4 and 18871.3, Health and Safety Code.
History
1. New article 9 (sections 2422-2518) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 11 343.4 (Register 2004. No.
28).
§ 2424. Regulated Structures.
(a) Accessory buildings or structures or building components which
do not comply with this article or are deemed to be unsafe by the enforce-
ment agency shall not be allowed, constructed, or occupied.
(b) A permit shall be obtained from the enforcement agency to
constmct or install an accessory building or structure as required by Ar-
ticle 1 of this chapter, unless specifically exempted in section 2018 of this
chapter.
(c) Cabanas, garages and storage buildings shall not be constructed or
installed in special occupancy parks except on lots designated for MH-
units as specified in section 2118 of this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18863.4, 18865, 18870 and 18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2428. Location.
(a) In parks, accessory buildings or structures, or any part thereof, on
a lot shall maintain the following setbacks from lot lines:
(1) When constructed of noncombustible materials:
(A) may be up to the lot line, provided a minimum three (3)-foot clear-
ance is maintained from any other unit, accessory building or structure,
or building component on adjacent lots.
(2) When constructed of combustible materials:
(A) a minimum three (3) foot clearance from all lot lines, and
(B) a minimum six (6) foot clearance from any other unit, accessory
buildings or structures, or building components on adjacent lots
constructed of combustible materials.
(b) Location requirements governing cabanas, private garages, and
storage buildings, permitted by section 21 18 of this chapter, are found in
Article 9 of Chapter 2 of this division.
(c) Stairways with landings not to exceed twelve (12) square feet may
be installed to the lot line provided they are located a minimuin of three
(3) feet from any unit or accessory building or structure including another
stairway on an adjacent lot. However, if the stairway is an up-and-over
design (steps up the front and down the back) that provides access to the
lot beyond the stairway, it does not need to maintain the separation from
a unit or accessory building or structure, including another stairway, on
an adjacent lot.
(d) Fencing of any material, that meets the requirements of section
2514 of this article, may be installed up to a lot line.
(e) No portion of an accessory building or structure, or building com-
ponent shall project over or beyond a lot line.
(f) Any permitted accessory building or structure, or building compo-
nent may be installed up to a lot line bordering a roadway or common area
provided there is no combustible building or structure in the common
area within six (6) feet and no structure of any kind within three (3) feet
of any portion of the accessory building or structure, or building compo-
nent. The maximum seventy-five percent (75%) lot coverage allowed by
section 21 10 of this chapter shall be maintained.
(g) Wood awning or carport support posts four (4) inches or greater in
nominal thickness may be located up to a lot line provided the remainder
of the awning or carport is composed of noncombustible material.
NOTE: Authority cited: Sections 18865, 18865.05 and 18873 Health and Safety
Code. Reference: Sections 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Page 84 JO
Register 2006, No. 52; 12-29-2006
Title 25
Special Occupancy Parks
§2436
2. Amendment of subsections (b)-(c) and new subsection (g) filed 7-22-2005; op-
erative 7-22-2005 pursuant to Govemrrient Code section 11343.4 (Register
2005, No. 29).
3. Editorial correction of HISTORY 2 (Register 2005, No. 33).
4. Amendment of subsections (a)(l )( A), (c) and (f) and amendment of Note filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1 343.4 (Register 2006, No. 52). \
§ 2429. Required Exits.
(a) An awning enclosure may be constaicted or installed to enclose an
emergency exit window from a sleeping room within a unit provided the
enclosed area adjacent to the emergency exit window has a door not less
than twenty-eight (28) inches in width and seventy-four (74) inches in
height providing direct access to the outside.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative '7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment filed 7-22-2005; operative 7-22-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 29).
3. Editorial correcfion of History 2 (Register 2005, No. 33).
§ 2432. Construction.
(a) Construction and installation of accessory buildings or structures
or building components shall comply with the structural requirements for
permanent buildings, except as otherwise provided by this article. The
enforcement agency may require that accessory buildings and structures
or building components be designed and constructed to withstand live
loads, vertical uplift or horizontal forces from any direction in excess of
the minimum loads specified in this chapter, based on local geologic, to-
pographic, or climatic conditions, when approved by the department.
(b) Accessory buildings and structiires constructed of aluminum or
aluminum alloy shall be designed to conform to the specifications con-
tained in the California Building Code^ Chapter 20.
(c) Unless data to substantiate the use of higher values is submitted to
the enforcement agency, the allowable loading of accessory buildings
and structures or building components on the soil shall not exceed one
thousand (1,000) psf vertical soil bearing pressure, one hundred fifty
(150) psf of depth lateral soil bearing pressure, and one hundred sixty-
seven (167) psf frictional resistance for uncased cast-in place concrete
piles.
NOTE: Authority cited: Section 18865, Health as Safety Code. Reference: Sec-
tions 18871.3 and 18873, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2433. Roof Live Load.
(a) Except as provided in this article, every cabana installed on or after
July 31, 1976, or every accessory building or structure or building com-
ponent installed on or after June 1 0, 1 979, shall have the capacity to resist
the applicable minimum snow load of l:he region in which it is installed
or as is provided by this section.
Table 2433-1
General Roof Live Load Requirements for Accessory Buildings and
Structures and Building Components
Region I Region II \ Region III
Roof Live Roof Live Roof Live
Elevation Load
0-2000 ft 20 psf
2001-3000 ft 30 psf
3001-4000 ft 60 psf
I 4001-5000 ft 80 psf
Table 2433-1 shall apply except where either greater or lesser snow
loads have been established through survey of the region, and approved
by the department.
(1) Region I includes the following counties:
Alameda, Butte, Colusa, Contra Costa, Del Norte, Glenn, Humboldt,
Imperial, Kings, Lake, Los Angeles, Marin, Mendocino, Merced, Mon-
terey, Napa, Orange, Sacramento, San Benito, San Diego, San Francisco,
Elevation
Load
Elevation
Load
All
0-3000 ft
\ 20 psf
Elevations
20 psf
3001-3500 ft
; 30 psf
3501-5000 ft
60 psf
San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara,
Santa Cruz, Solano, Sonoma, Stanislaus, Sutter, Ventura, Yolo.
(2) Region II includes the following counties:
Amador, Fresno, Inyo, Kern, Modoc, Riverside, San Bernardino, Sis-
kiyou.
(3) Region III includes the following counties:
Alpine, Calaveras, El Dorado, Lassen, Madera, Mariposa, Mono, Ne-
vada, Placer, Plumas, Shasta, Sierra, Tehama, Trinity, Tulare, Tuo-
lumne, Yuba.
(b) Parks that have received approval for a snow roof load mainte-
nance program prior to July 7, 2004, shall maintain the snow roof load
maintenance program, as long as accessory buildings or structures, or
building components in the park do not meet the minimum roof loads for
the area. Accessory buildings or stmctures or building components
installed after July 7, 2004, must have the capacity to resist the applicable
minimum roof live loads of the region in which it is installed, as set forth
in table 2433-1.
(c) The park owner or operator shall be responsible for the continued
management of an existing snow roof load maintenance program ap-
proved for the park.
(d) Roof live load requirements shall not apply to storage cabinets.
(e) Accessory structures may be relocated from one park to another
and reinstalled under permit within another park provided the require-
ments for roof live load in the new park are not greater than the require-
ments of the park in which the accessory structure was previously
installed.
NoTE: Authority cited: Section 18865, Health as Safety Code. Reference: Secfion
18871.3, Health and Safety Code.
FllSTORY
1. New secfion filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2434. Calculations and Test Procedures.
(a) The load bearing capacity of elements or assemblies shall be estab-
Mshed by calculations in accordance with generally established prin-
ciples of engineering design. However, when the composition or config-
uration of elements, assemblies or details of structural members are such
that calculations of their safe load-carrying capacity and basic structural
integrity cannot be accurately determined in accordance with generally
established principles of engineeiing design, structural properties of such
elements or assemblies may be established by the results of tests that are
designed and certified by an architect or engineer, with the test results ap-
proved by the department.
(b) When any structural design or method of construction is substan-
tiated by calculations and supporting data, the calculations and support-
ing data shall be approved by an architect or engineer and shall be sub-
mitted to the department.
(c) When the design of accessory structures is substantiated by cal-
culations or tests, all structural plans shall be approved by the architect
or engineer in charge of the total design.
(d) When any design or method of construction is substantiated by
tests, all those tests shall be performed by an approved testing agency ac-
ceptable to the department or shall be directed, witnessed, and evaluated
by an independent architect or engineer. All test procedures and results
shall be reviewed, evaluated, and signed by an architect or engineer. The
approved testing agency, architect, or engineer shall submit the evalua-
tion of test results, calculations, and recommendations, to the depart-
ment. The department may require that a representative of the department
witness the test.
NOTE: Authority cited: Section 18865, Health as Safety Code. Reference: Section
18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 11343.4 (Register 2004, No. 28).
§ 2436. Electrical Installations.
(a) Electrical equipment and installations within an accessory building
or structure or building component and the circuit supplying power shall
Page 84.31
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§2438
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
be installed by a permanent wiring method and shall comply with the re-
quirements for electrical installations of this chapter.
(b) Flexible cord shall not be used to supply an accessory building or
structure or building component, or as a substitute for the fixed wiring of
an accessory building or structure or building component.
(c) Unless otherwise specified by this article, electrical service pro-
vided to an accessory building or structure or building component shall
be supplied from the lot service equipment, provided:
(1) a permit is obtained to alter the lot electrical service by installing
a separate overcurrent protective device rated not more than the total cal-
culated electrical load, and
(2) the lot service equipment is capable of supplying the additional
load, and
(3) the overcurrent protective device and its installation complies with
the California Electrical Code.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18873.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343 .4 (Register 2004, No. 28).
§ 2438. Mechanical Installations.
Fuel gas piping, heating, ventilating, related equipment, and fireplaces
shall not be constructed or installed in, or in conjunction with, an accesso-
ry building or structure.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3, 18873.1 and 18873.4, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2440. Plumbing.
(a) The requirements for plumbing systems and equipment installed
in accessory structures are found in the California Plumbing Code, ex-
cept as otherwise specified in this article.
(b) An accessory structure directly connected to the water distribution
system of a park shall be connected with piping and fittings listed and ap-
proved for that purpose. Flexible hose shall not be used as a substitute for
water piping or connections.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3, 18871.4 and 18873.1, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2442. Foam Building System Flammability Standards.
The requirements of section 24 of this Title shall apply to the use of
any foam plastic or foam plastic building system used in the construction
of accessory buildings or structures.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2443. Private Garages, Cabanas, and Storage Buildings.
(a) Garages, cabanas and storage buildings shall be located only on
lots designated for manufactured homes or mobilehomes in accordance
with section 2118.
(b) When permitted, garages, cabanas and storage buildings shall
comply with the requirements contained in chapter 2 of this Division.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2444. Cabanas.
(a) Cabanas shall be located only on lots designated for manufactured
homes or mobilehomes in accordance with section 2118.
(b) When permitted, cabana construction and installation shall comply
with the requirements contained in chapter 2 of this Division.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2466. Awning — Permitted.
An awning may be erected, constaicted, or maintained only as an ac-
cessory structure to a recreational vehicle located on the same lot.
Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
fions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2468. Awning — Design and Construction.
(a) An awning and its structural parts, except cloth, canvas, or similar
flexible materials, shall be designed, constructed, and erected to ade-
quately support all dead loads plus a minimum vertical live load of ten
(10) psf except that snow loads shall be used where snow loads exceed
this minimum. Requirements for the design of awnings necessary to re-
sist minimum horizontal wind pressure are contained in the California
Building Code Appendix Chapter 31.
(b) Awnings shall be completely freestanding and shall not transmit
any loads to a recreational vehicle. Exception: portable awnings
constructed of cloth, canvas, or other flexible material may be attached
to the unit.
(c) Flashing or sealing materials may be used to provide a weather seal
between a freestanding awning and a unit. No separation is required be-
tween a freestanding awning and an attached awning located on the same
lot.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tion 18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Govemment
Code section 1 1343.4 (Register 2004, No. 28).
§ 2470. Awning — Dimensions.
(a) A freestanding awning is not limited as to width or length, except
that the total occupied area of a lot, including all accessory building or
structures, shall not exceed seventy-five (75) percent of the lot area in
accordance with section 21 10 of this chapter.
(b) The minimum clear height of any awning shall not be less than sev-
enty-four (74) inches.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
fions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Govemment
Code section 11343.4 (Register 2004, No. 28).
§ 2472. Awning — Foundations.
Concrete slabs may be considered to have an allowable load bearing
capacity of three-hundred-fifty (350) pounds per column. The enforce-
ment agency may accept a loading not to exceed five-hundred (500)
pounds per column, provided the slab is not less than three and one-half
(3 1/2) inches thick and in good condition. The weight of individual
poured concrete footings shall be one and one-half (1 1/2) times the cal-
culated uplift force. The weight of concrete shall be assumed to be not
more than one-hundred-forty-five (145) pounds per cubic foot.
Note: Authority cited: Section 18865, Health and Safety Code. Reference; Sec-
tion 18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Govemment
Code section 11343.4 (Register 2004, No. 28).
§ 2474. Awning — Enclosures.
(a) Awning enclosures shall be used only for recreational or outdoor
living purposes and shall not be used as carports or storage rooms nor
shall they be constructed or converted for use as a habitable room or a ca-
bana.
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Title 25
Special Occupancy Parks
§2498
(b) Combustible material used for awning enclosures shall not be
installed within three (3) feet of the lot line pursuant to section 2428 of
this chapter.
(c) Awnings may be enclosed or partially enclosed as follows:
(1) With insect screening or removable flexible plastic material. Aw-
ning drop or side curtains shall not be permanently fastened at the sides
or bottom. (A permit to construct is not required.)
(2) With rigid, readily removable transparent, or translucent materials.
(3) Awnings may be partially enclosed with solid, opaque panels, pro-
vided the panels do not exceed fifty (50) percent of the total wall area.
(4) When an awning is completely enclosed with rigid material, fifty
(50) percent of the total wall area shall be translucent or transparent mate-
rial, of which twenty-five (25) percent of the total wall area shall be able
to be opened for ventilation. Exiting reqiiirements shall meet the require-
ments for a cabana.
(d) Where an awning is erected or constructed immediately adjacent
to or over a permanently constructed retaining wall of fire resistant mate-
rial, there shall be not less than eighteen (18) inches clear ventilating
opening between the underside of the awning roof and the top of the wall
extending the full length of the awning.
(e) An awning shall not be enclosed unless the enclosure is designed
and constructed as a freestanding structure or unless the awning is de-
signed and constructed to withstand the additional forces imposed by the
enclosure.
(f) The requirements for awning ericlosures are contained in the
California Building Code, Appendix Chapter 31.
(g) Heating or cooking appliances or facilities shall not be installed or
used within an awning enclosure.
NoTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No.|28).
§ 2478. Carport — Permitted. i
(a) A carport may be constructed or rriaintained on a lot only as an ac-
cessory structure to a unit located on the same lot.
(b) A freestanding carport, or a common freestanding carport for the
use of the occupants of adjacent lots, may be erected on a lot line, pro-
vided that such a carport is constructed of material which does not sup-
port combustion, and provided that there is a minimum of three (3) feet
clearance from any unit or any other structure on the adjacent lots. Such
freestanding carports may be connected to a unit or other accessory
building or structure by an open covered walkway not exceeding six (6)
feet in width.
(c) A carport shall be designed and constructed in accordance with the
structural requirements for awnings as specified in section 2468.
(d) A carport shall conform to the dimensions specified in section 2470
for awnings.
(e) At least two (2) sides or one (1) side and one (1) end of a carport
shall be maintained at least fifty (50) percent open and unobstructed at
all times. i
(1) A carport which is partially enclosed shall be designed and
constructed to withstand the additional lateral forces imposed by such an
enclosure as required for awning enclosures.
(2) Where a carport is constructed immediately adjacent to or over a
permanently constructed retaining wall; of fire resistant material, there
shall not be less than eighteen (18) inches clear ventilating opening be-
tween the underside of the carport roof and the top of the wall extending
the full length of the carport.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No.i28).
§ 2486. Ramada — Permitted.
(a) A ramada may be erected, constructed, or maintained on a lot only
as an accessory to a unit located or intended to be located on the same lot.
(b) A ramada shall be designed and constructed as a freestanding, self-
supporting structure meeting the structural requirements for cabanas as
specified in section 1446.
(c) A ramada shall not be enclosed or partially enclosed on any side
or end.
(d) A ramada or any portion thereof shall have a clearance of not less
than eighteen (1 8) inches in a vertical direction above any plumbing vent
extending through the roof of a unit and not less than six (6) inches in a
horizontal direction from each side of a unit.
(e) A minimum of two (2) ventilating openings shall be installed at the
highest point in the ramada roof to eliminate the buildup of products from
vents or ducts. Vent openings shall be located near the ends of the ramada
for cross-ventilation and shall have a minimum cross-sectional area of
twenty-eight (28) square inches. Chimneys or vents of fuel burning ap-
pliances shall extend through the ramada roof surface and shall terminate
in an approved roof jack and cap installed in accordance with the ap-
pliance listing and the manufacturer's installation instructions.
Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 2496. Exterior Doorways.
(a) Exterior doorways of accessory buildings or structures shall be pro-
vided with a porch, ramp, landing, and/or stairway conforming to the pro-
visions of this Article.
(b) The requirements for ramps, landings, porches, and/or stairways
are contained in the California Building Code, Chapter 10, except as
otherwise provided in this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2498. Landing, Porch, and Stairway — Design and
Construction.
(a) Requirements for the design and construction of all structural ele-
ments of porches and stairways and railings are contained in the Califor-
nia Building Code, except as otherwise provided by this article. Live
loads applicable to porch floors and stairways shall be not less than forty
(40) psf. Porches shall be designed and constructed as completely free-
standing, self-supporting structures. Except as otherwise provided in
this article, stairways and ramps shall be a minimum of thirty-six (36)
inches in width.
(b) Where a door of the unit swings outward onto a landing or porch:
( 1 ) The floor of the exterior landing or porch shall be not more than one
(1) inch lower than the bottom of the door; and
(2) The width and depth of the exterior landing or porch serving stairs
perpendicular to any outswinging door opening shall comply with sub-
section (a) of this section and shall not be less than the full width of the
door when open at least ninety (90) degrees. Guard rails shall permit the
door to open at least ninety (90) degrees.
(c) Where the unit door swings inward or is a sliding door, the landing,
porch, or top step of the stairway may not be more than seven and one-
half (71/2) inches below the door. The width of the landing, porch, or top
step of the stairway shall comply both with subsection (a) of this section
and not be less than the width of the door opening. A landing or porch is
not required when the stairway has a straight run up to the door opening.
(d) The stairway may be capable of being relocated and need not be
secured to the lot.
NOTE: Authority cited: Sections 18865, 18865.05 and 18873, Health and Safety
Code. Reference: Section 18871.3, Health and Safety Code.
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§2500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of subsection (d) and repealer of subsection (e) filed 7-22-2005;
operative 7-22-2005 pursuant to Government Code section 1 1 343.4 (Register
2005, No. 29).
3. Editorial correction of History 2 (Register 2005. No. 33).
4. Amendment of subsections (a), (b)(2) and (c) and amendment of Note filed
12-26-2006; operative 1-2-2007 pursuant to Government Code section
1 1343.4 (Register 2006, No. 52).
§ 2500. Porch and Stairway — Foundation.
(a) Porches may be supported on piers in lieu of continuous footings.
Individual piers shall be designed and constructed to evenly distribute the
loads carried to the footings.
(b) Support footings shall comply with the requirements of either sec-
tion 2334 of this chapter or the California Building Code.
NOTE: Authority cited: Section 1 8865, Health as Safety Code. Reference: Section
18871 .3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2502. Porch — Guardrails.
Guardrails shall be provided around the perimeter of porches and
decks which are thirty (30) inches or more above grade. The require-
ments for porches and guardrails are contained in the California Building
Code, except as otherwise provided in this chapter.
NOTE: Authority cited: Section 18865, Health as Safety Code. Reference: Section
18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2504. Stairway — Handrails.
(a) Every stairway with four (4) or more risers, or stairways exceeding
thirty (30) inches, shall be equipped with handrails and intermediate rails
for the entire length of the handrail.
(b) Handrails with a circular cross-section shall have an outside diam-
eter of at least one and one-quarter (1 .25) inches and not greater than two
(2) inches or shall provide equivalent grasping ability. If the handrail is
not circular, it shall have a perimeter dimension of at least four (4) inches
and not greater than six and one-quarter (6.25) inches with a maximum
vertical cross-section dimension of two and one-quarter (2.25) inches.
Edges shall have a minimum radius of one-hundredth (0.01) inch.
(c) The requirements for stairways and handrails are contained in the
California Building Code, except as otherwise provided in this chapter.
Note: Authority cited: Sections 18865, 18865.05, 18871.3 and 18873, Health and
Safety Code. Reference: Secfion 18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
2. Amendment of secfion and Note filed 12-26-2006; operadve 1-2-2007 pur-
suant to Government Code section 11343.4 (Register 2006, No. 52).
§ 2506. Ramps and Handrails.
When a ramp and handrail are to be constructed in place of a stairway,
the requirements for the design and construction of the ramp and handrail
are contained in the California Building Code.
NOTE: Authority cited; Secfion 18865, Health as Safety Code. Reference: Secfion
18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 251 0. Storage Cabinets — Location.
(a) A storage cabinet may be located immediately adjacent to a unit on
the same lot, provided all of the following conditions are met:
(1) The required exits and openings for light and ventilation of the unit,
cabana, or building component are not obstructed; and
(2) The location does not prevent service or inspection of the unit's or
lot's equipment or utility connections; and
(3) The separation requirements from structures on adjacent lots, con-
tained in section 2428 of this chapter, are maintained.
(b) A storage cabinet shall not be used as a habitable structure, or any
part of a habitable structure.
(c) A storage cabinet shall not exceed ten (10) feet in height.
(d) The total, combined floor area of all storage cabinets on a lot shall
not exceed one-hundred-twenty (120) square feet.
NOTE: Authority cited: Secfion 18865, Health and Safety Code. Reference: Sec-
tions 18871.3 and 18872, Health and Safety Code.
History
1. New secfion filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2514. Fence or Windbreak — Height.
(a) A fence located on a lot shall not exceed six (6) feet in height.
(b) A fence exceeding forty-two (42) inches in height, parallel to a unit
or habitable accessory building or structure or building component, shall
not be located closer than three (3) feet to that unit, habitable accessory
building, or structure or building component.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
fion 18871.3, Health and Safety Code.
History
1 . New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2518. Standard Plan Approval.
(a) A standard plan approval may be obtained from the department for
a plan for accessory buildings or structures. Department-approved plans
shall be accepted by the enforcement agency as approved for the purpose
of obtaining a construction permit when the design loads are consistent
with the requirements for the locality and the provisions of this chapter.
(b) Requirements regarding the procedure to obtain a standard plan ap-
proval are contained in section 2020.9 of this chapter.
(c) Plan check fees shall not be required for accessory buildings or
structures for which a standard plan approval has been obtained from the
department.
NOTE: Authority cited: Secfion 18865, Health as Safety Code. Reference: Sec-
tions 18870.2 and 18871.3, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
Article 10. Violations, Complaints,
Abatement, and Hearings
§ 2600. Application and Scope.
(a) The substandard conditions and abatement requirements contained
in this article shall apply to parks, permanent buildings or structures in
parks, units, accessory buildings or structures, and building components
wherever they are located within parks in all parts of the state.
(b) Existing construction, connections, and installations made before
the effective date of the requirements of this chapter may continue in use
so long as they were in compliance with requirements in effect at the date
of their installation and are not found to be unsafe or substandard.
NOTE; Authority cited: Sections 18865 and 18872, Health and Safety Code. Ref-
erence: Sections 18865, 18866.3, 18866.5 and 18872, Health and Safety Code.
History
1. New article 10 (sections 2600-2619) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2()04, No.
28).
2. Amendment of article 10 heading filed 12-29-2005; operafive 1-1-2006 pur-
suant to Government Code secfion 11343.4 (Register 2005, No. 52).
§ 2605. Substandard Permanent Buildings.
Any permanent building, structure, or portion thereof, or the premises
on which it is located, shall be deemed substandard and a nuisance when
any of the following conditions exist that endanger the life, limb, health,
property, safety, or welfare of the occupants or the public.
(a) Health hazards or inadequate sanitation which include, but are not
limited to, the following:
•
Page 84.34
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Title 25
Special Occupancy Parks
§2607
(1) Where required, the lack of, inoperable, or defective water closet,
lavatory, bathtub or shower. '
(2) Where required, the lack of, inoperable, or defective kitchen sink.
(3) Lack of or inadequate hot and cold running water to plumbing fix-
tures. I
(4) Dampness of habitable rooms, i
(5) Infestation of insects, vermin or fodents.
(6) General dilapidation or improper maintenance.
(7) Lack of or defective connection of plumbing fixtures to a sewage
disposal system. I
(8) Lack of adequate garbage and rubbish storage and removal facih-
ties. j
(b) Structural hazards, which include, but are not limited to, the fol-
lowing:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed
loads with safety.
(4) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports or other hori-
zontal members which sag, split, or bubkle due to defective material or
deterioration. I
(7) Members of ceilings, roofs, ceiling and roof supports, or other hori-
zontal members that are of insufficient size to carry imposed loads with
safety. |
(8) Fireplaces or chimneys which list;, bulge, or settle, due to defective
material or deterioration. j
(9) Fireplaces or chimneys which are of insufficient size or strength to
carry imposed loads with safety.
(10) Lack of minimum amounts of required natural light and ventila-
tion. I
(c) A Nuisance as defined in subsection 2002.
(d) Electrical hazards which include, but are not limited to, the follow-
ing:
( 1) All electrical equipment or installations that either did not conform
with all applicable laws and regulations in effect at the time of its installa-
tion, or has not been maintained in good and safe condition, or is not be-
ing used in a safe manner.
(2) Lack of, inoperable or defective required electrical lighting.
(e) Plumbing which did not conform with all applicable laws and regu-
lations in effect at the time of its installation, has not been maintained in
good or safe condition, or has cross-connections and siphonage between
fixtures. j
(f) Mechanical equipment, including! heating equipment and its vents,
which did not conform with all applicable laws and regulations in effect
at the time of its installation or which has not been maintained in good
and safe condition, or is not being used in a safe manner.
(1) Inoperable or defective heating facilities.
(2) Inoperable or defective ventilating equipment.
(g) Faulty weather protection, which includes, but is not limited to, the
following: i
(1) Deteriorated roofs. [
(2) Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings.
(4) Broken, rotted, split, or buckled; exterior wall coverings or roof
coverings.
(h) Any building, structure, or portion thereof, device, apparatus,
equipment, combustible waste, or vegetation which is in such a condition
as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause.
(i) Materials or construction not allowed or approved by this chapter
or which have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(k) All buildings or portions thereof not provided with adequate exit
facilities as required by this chapter, except those buildings or portions
thereof whose exit facilities conformed with all applicable laws and regu-
lations at the time of their construction.
(/) All buildings, structures, or portions thereof which are not provided
with the fire-resistive constaiction or fire-extinguishing systems or
equipment required by this chapter, except those buildings, structures, or
portions thereof which conformed with all applicable laws and regula-
tions at the time of their construction.
(m) All buildings, structures, or portions thereof occupied for living
sleeping, cooking, or dining purposes which are not designed or intended
to be used for those occupancies.
(n) Room and space dimensions less than required by this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18863.4, 18866.3, 18866.5, 18873, 18873.1, 18873.2, 18873.3, 18873.4 and
18873.5, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§ 2606. Substandard Manufactured Home or Mobiiehome.
The provisions contained in section 1606, of chapter 2 of this division,
are applicable to substandard manufactured homes and mobilehomes.
Note-. Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18871, 18871.10 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2607. Substandard Recreational Vehicle.
Any recreational vehicle shall be deemed substandard and a nuisance
when any of the following conditions exist that endanger the life, limb,
health, property, safety, or welfare of the occupants or the public.
(a) Health hazards or inadequate sanitation which include, but are not
limited to, the following:
(1) Lack of adequate or defective ventilation.
(2) Dampness of habitable rooms.
(3) Infestation of insects, vermin or rodents.
(4) General dilapidation or improper maintenance.
(b) Structural hazards shall include, but are not limited to, the follow-
ing:
(1) Defective or deteriorated flooring or floor supports.
(2) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(3) Members of ceiling, roofs, ceiling and roof supports or other hori-
zontal members which sag, split, or buckle due to defective material or
deterioration.
(c) Nuisance as defined in section 2002.
(d) Electrical hazards which shall include, but are not limited to, the
following:
(1) All electrical equipment and installations that did not conform with
all applicable laws and regulations in effect at the time of its installation,
has not been maintained in good and safe condition, or is not being used
in a safe marmer.
(2) Electrical conductors which are not protected by overcurrent pro-
tective devices designed to open the circuit when the current exceeds the
ampacity of the conductor.
(3) Electrical conductors which do not have ampacity at least equal to
the rating of outlet devices or equipment supplied.
Page 84.35
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§2608
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) Electrical conductors which are not protected from physical dam-
age.
(5) Metallic boxes, fittings, or equipment in an electrical wiring sys-
tem which are not grounded to prevent shock.
(e) Plumbing hazards which include, but are not limited to, the follow-
ing:
(1) Plumbing which did not conform with all applicable laws and regu-
lations in effect at the time of its installation, has not been maintained in
good or safe condition, or has cross-connections and/or siphonage be-
tween fixtures.
(2) Lack of effective traps providing a water seal for each plumbing
fixture.
(3) Lack of effective venting of plumbing drain piping.
(4) Broken, unsanitary or leaking plumbing, pipe or fixtures.
(5) Any fixture, fitting, device or connection installed in such a manner
as to permit contamination of the potable water supply.
(t) Hazardous mechanical equipment which includes, but is not lim-
ited to, the following:
(1) Mechanical equipment, including all heating equipment and its
vent, that did not conform with all applicable laws and regulations in ef-
fect at the time of its installation, or which has not been maintained in
good and safe condition, or is not being used in a safe manner.
(2) Unvented fuel burning heating appliances.
(3) Heating or fuel burning equipment, including its vent, without ade-
quate clearance from combustible material.
(4) Unsupported, loose, or leaking fuel supply piping.
(g) Faulty weather protection, which includes, but is not limited to de-
teriorated or ineffective waterproofing of exterior walls, roof, or floors,
including broken windows or doors.
(h) Any recreational vehicle or portion thereof, device, apparatus,
equipment, or combustible material which is in such a condition as to
cause a fire or explosion.
(i) Materials or construction not allowed or approved by this chapter
or those that have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
aibbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(k) All recreational vehicles or portions thereof not provided with ade-
quate exit facilities which conformed to all applicable laws, regulations
and standards in effect at the time of their construction, or those facilities
that have not been adequately maintained.
(/) Any other components of recreational vehicles or portions thereof
that did not conform with all applicable laws, regulations and standards
in effect at the time of their construction, or those components that have
not been adequately maintained.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18866.3, 18866.5, 18871, 18871.10 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2608. Substandard Accessory Buildings and Structures
and Building Components.
Any accessory structure or building, or building component or portion
thereof, or the premises on which the same is located, shall be deemed
substandard and a nuisance when any of the following conditions exist
that endanger the life, limb, health, property, safety, or welfare of the oc-
cupants or the public.
(a) Health hazards or inadequate sanitation which include, but are not
limited to, the following:
(1) When installed, inoperable or defective water closet, lavatory,
bathtub or shower.
(2) When installed, inoperable or defective kitchen sink.
(3) When installed, inadequate hot and cold running water to plumbing
fixtures.
(4) Dampness of habitable rooms.
(5) Infestation of insects, vermin or rodents.
(6) General dilapidation or improper maintenance.
(7) When installed, defective connection of plumbing fixtures to a
sewage disposal system.
(b) Structural hazards, which include, but are not limited to, the fol-
lowing:
(1) Deteriorated or inadequate foundations or stabilizing devices.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed
loads with safety.
(4) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other hori-
zontal members which sag, split, or buckle due to defective material or
deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other hori-
zontal members that are of insufficient size to carry imposed loads with
safety.
(8) Fireplaces or chimneys which hst, bulge, or settle, due to defective
material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to
carry imposed loads with safety.
(10) Lack of, inoperable, or defective required ventilating equipment.
(1 1) Lack of minimum amounts of required natural light and ventila-
tion.
(c) Nuisance as defined in section 2002.
(d) Electrical hazards include, but are not limited to, the following:
(1) All electrical wiring that did not conform with all applicable laws
and regulations in effect at the time of its installation, has not been main-
tained in good and safe condition, or is not being used in a safe manner.
(2) Lack of, inoperable, or defective required electrical lighting.
(e) Plumbing that did not conform with all applicable laws and regula-
tions in effect at the time of its installation, has not been maintained in
good or safe condition, or has cross-connections and siphonage between
fixtures.
(f) Mechanical equipment, including heating equipment and its vents,
that did not conform with all applicable laws and regulations in effect at
the time of its installation, which has not been maintained in good and
safe condition, or is not being used in a safe manner.
(1) Inoperable or defective heating facilities.
(g) Faulty weather protection includes, but is not Hmited to, the follow-
ing:
(1) Deteriorated roofs.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof
coverings.
(h) Any accessory structure or building or building component or por-
tion thereof, device, apparatus, equipment, combustible waste, or vegeta-
tion which is in such a condition as to cause a fire or explosion or provide
a ready fuel to augment the spread and intensity of fire or explosion aris-
ing from any cause.
(i) Materials or construction not allowed or approved by this chapter
or which have not been adequately maintained in good and safe condi-
tion.
(j) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health or safety hazards.
(k) All accessory building or structures or building components or por-
tions thereof not provided with adequate exit facilities as required by this
chapter except those buildings or portions thereof whose exit facilities
Page 84.36
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Title 25
Special Occupancy Parks
§2612
conformed with all applicable laws and regulations in effect at the time
of their construction and which have been adequately maintained and in-
creased in relation to any increase in occupant load, alteration or addition,
or any change in occupancy.
(/) All buildings, staictures, or portions thereof which are not provided
with the fire-resistive constaiction or! fire-extinguishing systems or
equipment required by this chapter, except those buildings, structures, or
portions thereof which conformed with all applicable laws at the time of
their constmction and whose fire-resistive integrity and fire-extinguish-
ing system or equipment have been adequately maintained and improved
in relation to any increase in occupant load, alteration or addition, or any
change in occupancy.
(m) All accessory buildings or structures or building components or
portions thereof occupied for living, sleeping, cooking, or dining pur-
poses which were not designed or intended to be used for such occupan-
cies. 1
(n) Room and space dimensions less than required by this chapter.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18866.3, 18866.5, 18871.3 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No.'28).
§ 2609. Substandard Camping Cabins.
Any camping cabin shall be deemed substandard and a nuisance when
any of the following conditions exist that endanger the life, limb, health,
property, safety, or welfare of the occupants or the public.
(a) Lack of an operational smoke detector.
(b) Dampness of habitable rooms.
(c) Infestation of insects, vermin or rodents.
(d) General dilapidation or improper maintenance.
(e) Structural hazards which include, but are not limited to, the follow-
ing:
(1) Defective or deteriorated flooring or floor supports.
(2) Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration.
(3) Members of ceiling, roofs, ceiling and roof supports or other hori-
zontal members which sag, split, or buckle due to defective material or
deterioration.
(4) Lack of adequate or defective ventilation.
(f) Nuisance as defined in section 2002.
(g) Electrical hazards which include, but are not limited to, the follow-
ing:
(1) All electrical equipment and installations except that which con-
formed with all applicable laws and regulations in effect at the time of
initial installation and which has been rnaintained in good condition.
(2) Electrical conductors that are not protected by overcurrent protec-
tive devices. i
(3) Electrical conductors that are not protected from physical damage.
(4) Ungrounded metallic boxes, fittings, or equipment.
(5) When provided, inoperable or defective electrical lighting,
(h) Any plumbing installed in a camping cabin.
(i) Any mechanical equipment, excluding electric heating.
(j) Faulty weather protection which iricludes, but is not limited to dete-
riorated or ineffective waterproofing of exterior walls, roof, or floors, in-
cluding broken windows or doors. j
(k) Any camping cabin, or portion thereof, device, apparatus, equip-
ment, or combustible material which is in such a condition as to cause a
fire.
(/) All materials or construction except those which are specifically al-
lowed or approved by this chapter or applicable provisions of law which
have not been adequately maintained iii good and safe condition.
(m) Those premises on which an accumulation of weeds, vegetation,
rubbish, dead organic matter, debris, garbage, offal, rat harborages, stag-
nant water, combustible materials, and similar materials or conditions
constitute fire, health, or safety hazards.
(n) All camping cabins or portions thereof not provided with adequate
exit facilities.
(0) Improper or deteriorating support system.
NOTE; Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18866.3, 18866.5, 18871.3 and 18872, Health and Safety Code.
History
]. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§2610. Abatement.
(a) The registered owner of a unit, or the owner of a camping cabin,
accessory building or structure, or building component, that is
constructed, altered, converted, used, or maintained in a manner that
constitutes a violation is required to abate the violation.
(b)The legal owner of the property, or park owner or operator for prop-
erties or permanent buildings under their ownership or control, that is
constructed, altered, converted, used, or maintained in a manner that
constitutes a violation, is required to abate the violation.
NOTE: Authority cited: Section 1 8865, Health and Safety Code. Reference: Sec-
tions 18866.3, 18866.5, 18867, 18871, 18871.3, 1887 1.1 band 18872, Health and
Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code secfion 1 1 343.4 (Register 2004, No. 28).
§ 261 1 . Notice of Violation, Complaints, and Orders to
Correct.
(a)(1) Whenever the enforcement agency finds a condition that consti-
tutes a violation of this chapter, the Health and Safety Code, or any other
applicable provision of law, the enforcement agency shall provide a writ-
ten notice to the person or entity responsible for correction of the viola-
tion.
(2) The written notice shall state the conditions which constitute the
violation including a reference to the law or regulation being violated,
and shall order its abatement or correction within five (5) days after the
date of notice or a longer period of time as allowed by the enforcement
agency.
(3) If a unit is in such condition that identification numbers are not
available to determine ownership, the notice shall be given to the owner
of the real property, or if located in a park, the owner or operator of the
park.
(4) Whenever the enforcement agency determines a unit, habitable ac-
cessory building or structure, or permanent building constitutes an immi-
nent hazard representing an immediate risk to the life, health, or the safe-
ty of an occupant, the enforcement agency shall post a notice on the
structure, declaring it uninhabitable. The unit, habitable accessory build-
ing or structure, or permanent building shall not be occupied until
deemed safe by the enforcement agency. At the time of the posting, the
enforcement agency shall issue a notice as described in this section. A
copy of the notice shall be issued to the occupant of the unit, accessory
building or structure, or permanent building, if different from the regis-
tered owner.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18866.3, 18866.5, 18871.10 and 18872, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
2. Amendment of section heading and subsection (a)(2) filed 12-29-2005; opera-
tive 1-1-2006 pursuant to Government Code section 1 1343.4 (Register 2005,
No. 52).
§ 2612. Final Notice Requirements.
(a) If the initial notice from the enforcement agency has not been com-
plied with on or before the date specified in the notice, the enforcement
agency may institute proceedings against the cited person or entity.
( 1 ) The enforcement agency shall issue to the cited person, the last reg-
istered owner of a cited unit, and the park owner or operator, or the legal
owner of the property where the cited unit, structure, or property is lo-
cated, a final notice to abate that shall contain at least the following:
(A) the date the notice is prepared;
(B) the name or names of the responsible person or entity;
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§2613
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(C) a list of uncorrected violation(s) cited;
(D) final compliance date;
(E) right to request an informal conference pursuant to section 2752
of this chapter;
(F) right to request a hearing pursuant to section 2613 of this chapter
(G) a statement that any willful violation is a misdemeanor under sec-
tion 1 8874 of the Health and Safety Code.
(2) The final notice shall be mailed, by registered or certified mail, re-
turn receipt requested, to the cited person, to the legal owner of the prop-
erty as shown on the last equalized assessment roll and to the last known
address of the last registered or legal owner of record of the cited unit,
unless the unit is in such condition that identification numbers are not
available to determine ownership. The final notice may also be served by
personal service at the discretion of the enforcement agency.
(3) The officer or employee of the enforcement agency upon giving
this final notice shall file an affidavit certifying to the time and the man-
ner in which that notice was given. He or she shall also file with the affi-
davit, any receipt card which may have been returned to him or her in ac-
knowledgment of the receipt of that notice by registered or certified mail.
NOTE: Authority cited: Sections 18865 and 18871.10. Health and Safety Code.
Reference: Sections 18866.3, 18866.5, 18871.3 and 18871.10, Health and Safety
Code.
History
1. New section filed 7-6-2004: operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2613. Request for Hearing, Notice of Time and Place for
Hearing.
(a) Upon request for a hearing, the cited person or entity receiving a
final nofice of intenfion to abate a violation shall be granted a hearing on
the matter before an authorized representative of the enforcement
agency, or official authorized to conduct the hearing if:
(1) the request, pursuant to this article, is made to the enforcement
agency within ten (10) days after personal service or acknowledgment of
receipt by mail of the final notice to abate.
(b) Upon receipt of a request for hearing from the cited person or enti-
ty, the enforcement agency shall, within sixty (60) days of receipt, hold
the hearing. The enforcement agency shall provide the time and place of
the hearing in a written notice to the petitioner within twenty (20) days
of receipt of the request. Receipt of the request for hearing from the cited
person or entity, shall postpone any judicial or administrative action by
the enforcement agency until after the hearing.
(c) All procedures governing hearings related to maintenance viola-
tions are contained in article 11, commencing with section 2750.
(d) In the event that a cited violation constitutes an imminent hazard
representing an immediate risk to life, health and safety of persons or
property which requires immediate correction, a hearing shall not be per-
mitted and a request for a hearing shall not extend the time for the correc-
tion of the violation.
(e) If the request for hearing is not received within ten (10) days from
the date of personal service or acknowledgment of receipt by mail of the
notice, the enforcement agency shall have the discretion to continue
abatement proceedings.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Section 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
§2615. Hearing.
(a) At the time and place of the hearing, the hearing officer shall hear
the testimony of £md accept evidence from the legal owner of the proper-
ty, or park owner or operator; the cited person; or their respective repre-
sentative; and any other person with information or testimony relevant
to the final notice to abate. The testimony shall be limited to the condition
of the cited unit, structure, or property. Prior to the hearing, the enforce-
ment agency shall provide all evidence supporting the abatement action
to the hearing officer.
(b) If the petitioner does not appear at the hearing, the enforcement
agency shall have the authority to proceed immediately with abatement
procedures.
(c) Within ten (10) days after conclusion of that hearing, the hearing
officer shall render a written decision in the matter which sustains, modi-
fies, or overrules the final notice to abate and shall be reported to all par-
ties to the hearing. If the decision sustains or modifies the final notice to
abate, the hearing officer may establish new dates and schedules for com-
pliance.
(d) At the discretion of the hearing officer, the enforcement agency
shall post a copy of the written decision in a conspicuous place on the
property or unit.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Section 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 28).
§ 2616. Time to Bring Action.
Any cited person, owner, or other interested person having any objec-
tions, or feeling aggrieved at any proceedings taken by the hearing officer
conducting the hearing, or the enforcement agency in ordering abatement
of any violation, shall bring an action in any court of competent jurisdic-
tion within thirty (30) days after receipt of the decision.
NOTE; Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Section 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2617. Consequences of Failure to Abate.
(a) It is unlawful for the person ordered to abate a violation to fail or
refuse to remove and abate that violation within the time period allowed
in the order after the date of posting of an order on the cited unit, structure,
or property or receipt of an order. After the expiration of the time period
allowed for an order related to a violation, the enforcement agency has
the authority to initiate any appropriate action or proceeding to abate the
violation, including but not limited to seeking a court order for abatement
by a receiver or other person.
(b) If, after the reinspections of an order to correct a violation, the en-
forcement agency determines that the cited person has made reasonable
progress to abate the violation, or that circumstances beyond the control
of the cited person have interfered with compliance or slowed com-
phance, the enforceinent agency, in its sole discretion, may extend the
period for compliance.
(c) Notwithstanding the provisions of subdivision (a), if a violation
poses an imminent hazard representing an immediate risk to life, health,
and safety and requires immediate correction, the enforcement agency
has the authority to initiate any appropriate action or proceeding to abate
a violation if abatement is not complete within the time period allowed
by the notice of violation and order.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Sections 18866.9, 18869 and 18871.10, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 261 8. Responsibility for Costs.
(a) The registered owner of the unit, or any other cited person or entity
that fails to correct a violation within the time allotted in the original
correction order, or any extension thereto, shall be held responsible for
the costs of abatement of the violation. Costs of abatement, for purposes
of this section, may include the enforcement agency's investigative and
case preparation costs, court costs and attorney fees, the cost associated
with any physical actions taken to abate the violation, and any technical
service or other fees due to the enforcement agency related to the abate-
ment activity.
(b) If the unit, is in such condition that identification numbers are not
available to determine ownership, or the enforcement agency is unable
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Title 25
Special Occupancy Parks
§2754
to locate the owner after making a reasonable effort to do so, the owner
of the property on which the unit, is located shall be liable for such costs.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Sections 18866.3, 18866.4, 18866,5, 18869 and 18871.10, Health and
Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§2619. Removal. ;
(a) A unit, permanent building, accessory building or stmcture or
building component which has been ordered to be removed due to the ex-
istence of violations or a nuisance shall be removed in a manner consis-
tent with law.
(b) A copy of the order to remove a unit accompanied by the titles, reg-
istration cards, license plates or decals, and the insignias or federal labels,
if available, shall be forwarded to the department. The Department of
Motor Vehicles shall be sent the order to remove a recreational vehicle
with all indicia noted above. The enforcement agency shall send the re-
quired information and indicia within five (5) days after removal of a
unit.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code.
Reference: Sections 18866.3, 18866.5, 18869 and 18871.10, Health and Safety
Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
Article 11. Informal Conferences and
Formal Appeals
§ 2750. Application and Scope.
(a) The provisions of this article apply to the informal and formal pro-
cedures available to a cited person, as defined by section 2002 of this
chapter, who has received a nofice of a violation issued by the enforce-
ment agency pursuant to secfion 18867 of the Health and Safety Code.
(b) None of the procedures for an informal or formal appeal process
extend the time allowed for the correction of violations noted in the origi-
nal notice of violafion or noted in subsequent notices of violation issued
to the same person or about the same situation unless:
(1) an extension of fime allowed for the correcfion of violations is con-
tained in the written determination provided by the enforcement agency
pursuant to subsection 2754(b), or
(2) an extension of the time allowed for the correction of violations is
contained in the final, formal decision issued by an enforcement agency
pursuant to subsection 2756(f).
NOTE: Authority cited: Sections 18865 and 18868, Health and Safety Code. Ref-
erence: Sections 18866.5, 18867 and 18868, Health and Safety Code.
History
1. New article 11 (sections 2750-2758) and section filed 7-6-2004; operative
7-6-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
28).
§ 2752. Request for Informal Conference.
(a) The following optional, informal conference process shall be avail-
able to a person who is required to respond to a notice of violation issued
pursuant to section 1 8867 of the Health and Safety Code, and shall be ini-
tiated solely at the discretion of the person addressed in the notice of
violation.
(b) The use of the informal conference process shall be limited to the
dispute of one or more of the following issues contained in a notice of
violation:
(1) The existence of one or more alleged violations,
(2) The alleged failure to correct the violations in the required time
frame, and
(3) The reasonableness of the time frame within which the violations
shall be corrected.
(c) If a person is in receipt of a notice of violation and chooses to re-
quest an informal conference with a representative of the enforcement
agency,
(1 ) the person shall make a written request to the enforcement agency
for an informal conference, and
(2) the person shall ensure that the enforcement agency receives the
written request within ten (10) working days of the notice of violation.
(d) The written request for an informal conference shall provide the
following information:
(1 ) The name, address, and telephone number of the person requesting
the informal conference, and
(2) A brief description of the issues disputed.
(e) Within three (3) working days of the receipt of a written request for
an informal conference, the enforcement agency shall contact the person
who submitted the request and shall schedule an informal conference for
the earliest possible, mutually convenient time and place. The informal
conference shall occur during the normal working hours and shall be held
no later than fifteen (15) working days after the enforcement agency's re-
ceipt of the written request. "Normal working hours" are from 8:00 a.m.
to 5:00 p.m. on Monday through Friday, excluding holidays.
(f) The enforcement agency shall deny a request for an informal con-
ference only if one (1) or more of the following conditions apply:
(1) The issues identified for dispute in the written request do not in-
clude at least one (1) of the issues specified in subsection (b), or
(2) The person requesting the informal conference is not available to
meet with the representative of the enforcement agency within the fifteen
(15) day time period and the enforcement agency determines that good
cause does not exist to postpone the informal conference.
NOTE: Authority cited: Sections 18865 and 18868, Health and Safety Code. Ref-
erence: Sections 18867 and 18868, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 28).
§ 2754. Informal Conference.
(a) An informal conference related to a violation shall occur at the time
and place scheduled and shall provide the person requesting the confer-
ence with the opportunity to explain to the representative of the enforce-
ment agency each issue disputed and the facts and circumstances of each
dispute.
(b) Within five (5) working days of the completion of the informal con-
ference, the enforcement agency shall provide a written notification of
its determination to the person who requested the conference.
(c) The written determination shall sustain, overrule, or modify the
original notice of violation that contained each issue disputed at the infor-
mal conference. Modification may include:
(1) changes to the original violation cited,
(2) where necessary to provide a reasonable time for compliance, an
extension of the time within which the modified required corrective ac-
tion shall be completed. The extension of time shall not exceed thirty (30)
calendar days, or such longer period of time allowed by the enforcement
agency, from the date of the enforcement agency's written determination
or greater period of time as determined by the enforcement agency.
(d) The written request for an informal conference shall be considered
withdrawn if the person who submitted the request:
(1) does not appear at the mutually-agreed upon time and place sched-
uled for the informal conference, and
(2) does not notify the enforcement agency, within five (5) calendar
days prior to the date on which the informal conference was scheduled,
with written confirmation of the good-cause reason for not appearing at
the informal conference.
(e) If the enforcement agency determines that good cause exists for a
postponement, the enforcement agency shall postpone an informal con-
ference for a period of time not to exceed fifteen (15) working days and
shall notify the person in writing of the time and date of the postponed
conference. Otherwise, the agency shall confirm the automatic with-
Page 84 J9
Register 2006, No. 52; 12-29-2006
§2756
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
drawaland,irapplicable, the denial of the request due to a lack of a good-
cause reason, as determined by the enforcement agency.
NOTE; Authority cited: Sections 1 8865 and 1 8868, Health and Safety Code. Ref-
erence: Sections 18867 and 18868, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 28).
§ 2756. Request for Appeal of Decision Rendered in
Informal Conference.
(a) Any park owner or operator, or any registered owner of a unit, who
has received notice of violation issued pursuant to section 18867 of the
Health and Safety Code, has the right to petition for a formal hearing with
the person in charge of the enforcement agency or that person's designee.
(b) The person requesting the formal hearing shall submit a written
petition to the enforcement agency:
(1) within ten (1 0) working days of the date of the notice of violation,
or
(2) within five (5) working days of the date of the enforcement
agency's written determination, if the issues were disputed at an informal
conference.
(c) The written petition shall:
(1) provide the name, address, and phone number of the petitioner,
(2) provide the petitioner's reasons for requesting a formal hearing,
(3) summarize each issue to be disputed at the formal hearing, and
(4) state the remedy the petitioner is seeking.
(d) Upon receipt of the petition, the enforcement agency shall set a
time and place for the formal hearing and shall provide the petitioner with
written notice of the scheduled hearing.
(1) The formal hearing shall commence within ten (10) working days
of the date of the petition.
(2) The petitioner shall have the right to apply for the postponement
of the date of the formal hearing for a reasonable amount of time. The pe-
titioner shall provide a good-cause reason for the request.
(3) The enforcement agency shall grant a request for postponement if
it determines that the petitioner has good-cause reason for the postpone-
ment.
(e) The formal hearing shall provide the petitioner with the opportuni-
ty to be heard and to show cause why the notice of violation should be
modified or withdrawn.
(1) The petitioner shall be entitled to call witnesses to testify at a for-
mal hearing.
(2) The petitioner shall be entitled to be represented by legal counsel
at a formal hearing.
(f) Within ten (10) working days of the formal hearing, the enforce-
ment agency shall provide in writing a final, formal order to the petition-
er. The final, formal order shall:
(1) sustain, modify, or withdraw the notice of violation issued pursuant
to section 18867 of the Health and Safety Code; and
(2) clearly state the enforcement agency's findings upon which the fi-
nal, formal order is based.
NOTE: Authority cited: Sections 18865 and 18868, Health and Safety Code. Ref-
erence: Sections 18867, 18868 and 18870.14 Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11 343.4 (Register 2004, No. 28).
§ 2758. Petition to Review Order of Local Enforcement
Agency Following Formal Hearing.
(a) A park owner or operator, or the registered owner of a unit,
(1) who has received a notice of violation issued pursuant to Health
and Safety Code section 18867 by an enforcement agency other than the
department; and
(2) has received a final, formal order from the enforcement agency fol-
lowing a formal hearing, shall be entitled to petition the department to re-
view and investigate, as necessary, the enforcement activities of the local
enforcement agency.
(b) The petition shall be in writing and shall include the following:
(1) a copy of the original notice of violation;
(2) a copy of the enforcement agency's written determination, if an in-
formal conference was held;
(3) a copy of the enforcement agency's final, formal order; and
(4) a clear, concise explanation of the issues that the petitioner contin-
ues to dispute.
(c) The department shall consider the petition in conjunction with the
department's responsibility to monitor local enforcement activity pur-
suant to subdivision (d) of section 18865.7 of the Health and Safety Code.
(1) Within sixty (60) working days of the receipt of the petition, the
department shall review the petition and provide the petitioner with writ-
ten notice of whether the activities of the local agency require investiga-
tion by the department.
(2) If the department has determined that the activities of the local
agency require investigation by the department, the written notice to the
petitioner shall provide a time frame for the investigation.
(3) If the department investigates the enforcement activities of a local
agency in response to one (1) or more petitions provided pursuant to sub-
section (a), the department shall notify each petitioner within sixty (60)
days of the results of the department's investigation.
(d) If the department finds that the notice of violation, written deter-
mination, and/or final, formal order issued by the local enforcement
agency reflect(s) nonenforcement of the law, the department shall initiate
corrective action pursuant to the provisions of subdivision (d) of section
18865 of the Health and Safety Code.
(e) A petition filed pursuant to this section shall not extend the time for
correction of the violation as provided in the original or any subsequent
notice of violation issued by the local enforcement agency unless the de-
partment, based on the petition and materials submitted with the petition,
determines there is a high likelihood that the local enforcement agency
was incorrect in issuing the notice of violation.
NOTE: Authority cited: Section 18865, Health and Safety Code. Reference: Sec-
tions 18865.7, 18867 and 18868, Health and Safety Code.
History
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 28).
* * *
Page 84.40
Register 2006, No. 52; 12-29-2006
.A.
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Ciiapter 3. Factory-Built Housing and Mobile Homes
Vol. 33
THOIVISOM
-^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Factory-Built Housing and Mobile Homes
Table of Contents
•
Chapter 3. Factory-Built Housing and Mobile Homes
Table of Contents
Page
Page
Subchapter 1 .
Article 1.
§ 3000.
Article 2.
§ 3010.
Article 3.
§ 3020.
§3020.1.
§ 3021.
§ 3022.
§3022.1.
§ 3022.2.
•
§ 3022.3.
§ 3022.4.
§ 3023.
§ 3024.
§ 3025.
§ 3026.
§ 3027.
§ 3028.
§ 3029.
§ 3030.
§3031.
§ 3032.
§ 3033.
§ 3034.
§3034.1.
§ 3035.
§3035.1.
§ 3036.
§ 3037.
§ 3038.
§ 3039.
§ 3040.
§3041.
§ 3042.
§ 3043.
§3044.
§ 3045.
§ 3046.
Factory-Built Housing 85
Application and Scope 85
Application and Scope.
Definitions 85
Definitions.
Administration and
Enforcement 85
Manufacturing Requirements.
Contract Requirements.
Compliance.
Field Technical Service.
Design Approval
Agency— ^Certification Application
Requirements.
Design Approval Agency — Notice
of Receipt of Complete Certification
Application and Application
Review.
Design Approval
Agency — Requirements for
Certification and Decertification.
Design Approval Agency Reporting
Requirements.
Plan Approval.
Application for Plan Approval.
Nonconforming Application and
Plans.
Expiration of Application.
Withdrawal of AppUcation.
Plan Requirements.
Model Designation Requirements.
Models Manufactured at More Than
One Locanon.
In-Plant Quality Control.
Required Inspections.
Quality Control Manual
Requirements.
Quality Assurance
Agency — Requirements for
Certificafion.
Quality Assurance Agency
Reporting Requirements.
Quality Assurance
Inspector — Requirements for
Certificafion.
Quality Assurance Inspector
Reporting Requirements.
Local Inspecfion Agency.
Local Inspecfion
Agency — Requirements for
Certification.
Idenfificafion.
Insignia of Approval.
Application for Insignia.
Use of Insignia.
Refund of Insignia Fees.
Denial of Insignia.
Insignia Removal.
Lost or Damaged Insignia.
Evidence of Approval.
§ 3047.
Changes to Approved Plans or
Quality Control Manual.
§ 3048.
Plan Approval Expiration.
§ 3049.
Exisfing Plan Approvals.
§ 3050.
Plan Approval Revocation.
§3051.
Change of Ownership, Name or
Address.
§ 3052.
Discontinuance of Manufacture.
§ 3053.
Prototype.
§ 3054.
Reciprocity.
§ 3055.
Complaint Investigation.
§ 3056.
Appeal and Hearing Procedures.
Article 4.
Fees 93
§ 3060.
Fees.
§ 3061.
Inspecfion Fees, Payment and
Collecfion.
Article 5.
Design and Fabrication 94
§ 3070.
Design and Fabricafion.
§3071.
New Concepts, Alternates and
Equivalents.
§ 3072.
Calculations and Test Procedures.
§ 3073.
Equipment and Systems.
§ 3074.
Department Disapproval of Listed
or Labeled Equipment and Systems.
Article 6.
Installation 95
§ 3080.
Enforcement of Installation.
§ 3081.
Installafion Plans.
§ 3082.
Modificafions During Installation.
Subchapter 2.
Manufactured Homes,
Mobilehomes, Multi-Unit
Manufactured Housing,
Commercial Modulars, and
Special Purpose
Commercial Modulars 95
Article 1.
Administration 95
§ 4000.
Authority for Chapter.
§ 4002.
Application and Scope.
§ 4004.
Definitions.
§ 4005.
Enforcement.
§ 4006.
Equipment and Installafions.
§ 4007.
Department Disapproval of Listed
or Labeled Equipment and
Installafions.
§ 4008.
Approval of Alternates and
Equivalents.
§ 4009.
Manufacturer's Approval.
§ 4010.
Required Inspecfion.
§ 4010.5.
Monitoring Inspection Fees.
§4011.
Inspection Approval.
§4011.5.
Prototypes, General.
§ 4012.
Action After Requested Inspection.
§ 4013.
Nofice of Violafions.
§4013.5.
Complaint Investigafion.
§4014.
Technical Service.
§ 4015.
Plan or Design Approval.
§ 4015.5.
Prototypes General.
§ 4016.
Applicafion for Electrical,
Mechanical and Plumbing System
Approval.
Page i
(12-30-2005)
Title 25
Factory-Built Housing and Mobile Homes
Table of Contents
•
Chapter 3. Factory-Built Housing and Mobile Homes
Table of Contents
Page
Page
Subchapter 1 . Factory-Built Housing 85
Article 1 . Application and Scope 85
§ 3000. Application and Scope.
Article 2. Definitions 85
§ 3010. Definitions.
Article 3. Administration and
Enforcement 85
§ 3020. Manufacturing Requirements.
§ 3020.1 . Contract Requirements.
§ 3021. Compliance.
§ 3022. Field Technical Service.
§ 3022.1. Design Approval
Agency— Certification Application
Requirements.
§ 3022.2. Design Approval Agency — Notice
of Receipt of Complete Certification
Application and Application
Review.
§ 3022.3. Design Approval
Agency — Requirements for
Certification and Decertification.
§ 3022.4. Design Approval Agency Reporting
Requirements.
§ 3023. Plan Approval.
§ 3024. Application for Plan Approval.
§ 3025. Nonconforming Applicafion and
Plans.
§ 3026. Expiration of Application.
§3027. Withdrawal of Application.
§ 3028. Plan Requirements.
§ 3029. Model Designation Requirements.
§ 3030. Models Manufactured at More Than
One Locadon.
§ 303 1 . In-Plant Quality Control.
§ 3032. Required Inspecfions.
§ 3033. Quality Control Manual
Requirements.
§ 3034. Quality Assurance
Agency — Requirements for
Certification.
§ 3034.1. Quality Assurance Agency
Reporting Requirements.
§ 3035. Quality Assurance
Inspector — Requirements for
Certification.
§ 3035.1. Quality Assurance Inspector
Reporting Requirements.
§ 3036. Local Inspection Agency.
§ 3037. Local Inspection
Agency — Requirements for
Certification.
§ 3038. Identification.
§ 3039. Insignia of Approval.
§ 3040. Application for Insignia.
§ 304 1 . Use of Insignia.
§ 3042. Refund of Insignia Fees.
§ 3043. Denial of Insignia.
§ 3044. Insignia Removal.
§ 3045. Lost or Damaged Insignia.
§3046. Evidence of Approval.
§ 3047.
Changes to Approved Plans or
Quality Control Manual.
§ 3048.
Plan Approval Expiration.
§ 3049.
Existing Plan Approvals.
§ 3050.
Plan Approval Revocation.
§3051.
Change of Ownership, Name or
Address.
§ 3052.
Discontinuance of Manufacture.
§ 3053.
Prototype.
§ 3054.
Reciprocity.
§ 3055.
Complaint Investigation.
§ 3056.
Appeal and Hearing Procedures.
Article 4.
Fees 93
§ 3060.
Fees.
§3061.
Inspection Fees, Payment and
Collection.
Article 5.
Design and Fabrication 94
§ 3070.
Design and Fabrication.
§ 3071.
New Concepts, Alternates and
Equivalents.
§ 3072.
Calculations and Test Procedures.
§ 3073.
Equipment and Systems.
§ 3074.
Department Disapproval of Listed
or Labeled Equipment and Systems.
Article 6.
Installation 95
§ 3080.
Enforcement of Installation.
§3081.
Installation Plans.
§ 3082.
Modifications During Installation.
Subchapter 2.
Manufactured Homes,
Mobilehomes, Multi-Unit
Manufactured Housing,
Commercial Modulars, and
Special Purpose
Commercial Modulars 95
Article 1.
Administration 95
§ 4000.
Authority for Chapter.
§ 4002.
Application and Scope.
§ 4004.
Definitions.
§ 4005.
Enforcement.
§ 4006.
Equipment and Installafions.
§ 4007.
Department Disapproval of Listed
or Labeled Equipment and
Installafions.
§ 4008.
Approval of Alternates and
Equivalents.
§ 4009.
Manufacturer's Approval.
§ 4010.
Required Inspection.
§ 4010.5.
Monitoring Inspecfion Fees.
§4011.
Inspecfion Approval.
§4011.5.
Prototypes, General.
§ 4012.
Action After Requested Inspection.
§4013.
Notice of Violafions.
§4013.5.
Complaint Investigation.
§ 4014.
Technical Service.
§4015.
Plan or Design Approval.
§4015.5.
Prototypes General.
§ 4016.
Application for Electrical,
Mechanical and Plumbing System
Approval.
Page i
(12-30-2005)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
§ 4017. Application for Model Plan
Approval.
§ 401 8. Application for In-Plant Quality
Control Manual Approval.
§ 4019. Calculations and Test Procedures.
§ 4020. Recreational Vehicle or Commercial
Coach Model Manufactured at More
Than One Location.
§4021. Out-of-State
Applicant — Recreational Vehicles.
§4021.5. Out-of-State
Manufacturer — Commercial
Coaches.
§ 4022. Non-Conforming Application and
Plans.
§ 4023.
Evidence of Approval.
§ 4024.
Plan Approval
Expiration — Recreational Vehicles
and Commercial Coaches.
§ 4025.
In-Plant Quality Control.
§ 4026.
Changes to Approved Plans.
§ 4027.
Change of Ownership.
§ 4028.
Change of Name or Address.
§ 4029.
Discontinuance of Manufacture.
§ 4030.
Unit Identification.
§4031.
Labels for Exterior Locations.
§4031.5.
Camper Labels.
§ 4032.
Insignia Required.
§ 4033.
Insignia Not Required.
§ 4034.
Application for Insignia Pursuant to
Plan Approval.
§ 4034.3.
Application for HUD Labels.
§ 4034.5.
Application for Insignia Pursuant to
Requested Inspection.
§ 4035.
Denial of Insignia.
§ 4036.
Insignia Removal.
§ 4037.
Lost or Damaged Insignia.
§ 4038.
Refund of Fees.
§ 4040.
Alteration or Conversion.
§ 4040.5.
Additions.
§ 4041 .
Not Applicable.
§ 4042.
Application Requirements.
§4044.
Fees.
§ 4045.
Appeals.
§ 4046.
Notice of Hearing.
§4046.1.
Application.
§ 4046.2.
Notification.
§ 4046.5.
Result of Hearing.
§ 4046.7.
Title VI (24 C.F.R.) Appeals
Procedure.
§ 4047.
Reciprocity.
§ 4047.3.
Application.
§ 4047.6.
Notification.
§4048.
Authority and Scope.
icle 1.1.
Issuance of Insignia for
Manufactured Homes, Mobile
Homes, Commercial Coaches
and Recreational Vehicles
Not Previously Issued
Insignia of Approval
§4049.1.
Application and Scope.
§ 4049.3.
Structural, Fire Safety and Energy
Requirements.
§ 4049.5.
Plumbing Requirements.
§ 4049.7.
Mechanical Requirements.
§ 4049.9.
Electrical Requirements.
icie 1.2.
Mobile/Factory-Built
Housing
§ 4302.
§ 4304.
§ 4306.
§ 4308.
§4310.
§4312.
109
112
§ 4049.50.
§ 4049.53.
§ 4049.59.
Article 2.
Application and Scope.
Plan Approval.
Insignia.
Mobile Homes 113
Page
Subarticle 1. Apphcation 113
§ 4050. Application and Scope.
Subarticle 2. Title VI Procedural and
Enforcement Regulations 113
§ 4060. Application.
Subarticle 3. Mobile Home Construction
and Safety Standards 140
§ 4070. Mobile Home Construction and
Safety Standards.
Article 2.5. Fire Sprinkler Systems 182
§ 4300. Application of Design and
Installation Requirements;
Preemption of Local Design and
Installation Requirements.
Adoption by Reference of the
Provisions of NFPA 13D, "Standard
for the Installation of Sprinkler
Systems in One- and Two- Family
Dwellings and Manufactured
Homes."
Definitions.
Restrictions on the Sale of a
Sprinklered Manufactured Home or
of Sprinklered Multi-unit
Manufactured Housing with Two
Dwelling Units.
Requirements for the Approval of
the Plans for a Fire Sprinkler
System Requirements for the
Inspection of the Installation of a
Fire Sprinkler System.
Resolution of Disputes About the
Requirements of IMFPA 13D.
Types of Materials; Standards for
Materials; Listing and Labeling of
Materials and Equipment Standard
for Residential Sprinklers; Listing
Criteria for Sprinklers Used in a
Limited Area Dwelling
Manufacturer's Installation
Instructions.
§ 4314. Construction Methods and
Workmanship.
§ 4316. Placement and Size of Holes and
Notches in Joists, Beams, Plates,
and Studs.
§ 4318. Fire Sprinkler System Information
and Installer Certification Label
Reference Tag.
§ 4320. Requirements for Testing the
System.
§ 4322. Maintenance Instructions.
§ 4324. Repairs and Alterations to an
Existing Fire Sprinkler System or
Components.
Article 3. Commercial Coaches 182.5
Subarticle I. Construction and Fire
Safety 182.5
§ 4350. Application and Scope.
§ 4352. General.
§ 4353. Minimum Requirements.
§ 4354. Structural Andysis.
§ 4355. Standards for Equipment and
Installations.
§ 4356. Structural Requirements.
§4356.5. New Materials and Methods.
§ 4357. Design Dead Loads.
§ 4357.5. Design Live Loads.
§ 4358. Wind Loads.
§ 4358.3. Earthquake Regulations.
§4359. Roof Loads.
§ 4360. Snow Loads.
§ 4360. 1 . Posting Design Loads.
•
Page ii
(12-30-2005)
Title 25
Factory-Built Housing and Mobile Homes
Table of Contents
Page
Page
§ 4360.2. Floors.
§ 4360.3. Fastening of Structural Systems.
§4360.4. Interior Walls.
§ 4360.5. Instructions.
§ 4360.6. Design Load Deflections.
§ 4360.7. Structural Load Tests.
§ 4360.8. Test Procedure for Roof Tnisses.
§ 4360.9. Fastening of Structural Systems.
§4361. Walls.
§ 4361.3. Drilling or Notching of Wood Wall
Structural Members.
§ 4362. Interior Partitions.
§ 4362.5. Firestopping.
§ 4363. Roor Construction.
§ 4363.3. Drilling or Notching of Wood Joist
Structural Members.
§4363.4. Roof Members.
§ 4363.5. Undervehicle Closure Material.
§4363.6. Roof Coverings.
§ 4364. Weather Resistance.
§ 4365. Undervehicle Closure Material.
§ 4366. Tiedowns.
§ 4367. Weather Resistance.
§ 4368. Instructions.
§ 4369. Heat Loss.
§ 4369.5. Energy Requirements.
§ 4370. Noise Insulation Standards.
§4371. Glass and Glazed Openings.
§ 4372. Fire Safety and Occupancy.
§ 4373. Fire Safety and Occupancy.
§ 4374. Interior Walls, Partitions, and
Ceilings.
§ 4376. Exits.
§ 4377. Interior Walls, Partitions, and
CeiUngs.
§ 4378. Fire Safety and Occupancy.
§ 4379. Physically Handicapped
Requirements.
Appendix CC-1 188
Appendix CC-2 188
Subarticle 2. Electrical 189
§ 4380. Application and Scope.
§4381. Definitions.
§ 4382. Standards for Equipment and
Installations.
§ 4383. Low- Voltage Systems.
§ 4384. Overcurrent Protection,
Low- Voltage Circuit Wiring.
§ 4385. Equipment and Fixtures,
Low- Voltage.
§ 4386. Circuit Overcurrent Protection.
§ 4387. Combination Electrical Systems.
§ 4388. Identification.
§ 4389. Fuel-Fired Engine Driven Generator
Units.
§ 4390. Dual Supply.
§4391. Distribution Panelboard.
§ 4392. Circuit Breakers and Fuses.
§ 4393. Feeder Assembly Equipment.
§ 4394. Identification of Electrical System.
§ 4395. Conductors in Outlet Boxes.
§ 4396. Wiring of Expandable or MuUiple
Units.
§ 4397. Outdoor or Underchassis Wiring,
115-VoltsorOver.
§ 4398. Rodent Resistance.
§ 4399. Lighting Fixtures.
§ 4400. Equipment Mounting.
§ 4401 . Outdoor Outlets, Fixtures,
Air-Cooling Equipment, Etc.
§ 4402. Grounding.
§ 4403. Grounded Conductor (Neutral).
§ 4404. Receptacle Outlets Requiring
Ground-Fault Circuit Protection.
§ 4405. Grounding of Noncurrent-Carrying
Metal Parts.
§ 4406. Switch and Receptacle Plates.
§ 4407. Lighting Standards for Energy
Conservation.
§ 4409. Testing. Dielectric Strength Test.
Appendix CC-E-1 194
Subarticle 3.
§4414.
§4415.
§4417.
§4418.
§ 4420.
§4421.
§4422.
§ 4423.
§ 4424.
§ 4425.
§ 4426.
§ 4428.
§4429.
§ 4430.
§4431.
§ 4434.
§ 4435.
§4436.
§ 4437.
§ 4438.
§ 4439.
§4440.
§4441.
§4442.
§4443.
§4444.
§4445.
§4446.
§4450.
§4451.
§ 4452.
§ 4453.
§4455:
§ 4456.
§4457.
§4458.
§ 4459.
§4460.
§4461.
§4462.
§4463.
§4464.
§4465.
§4468.
§4469.
§4470.
§4471.
§4473.
§4474.
§4475.
§ 4475.2.
§ 4475.5.
§ 4475.7.
§4476.
§ 4476.5.
§4477.
§4478.
§4479.
§4480.
§4481.
§4482.
Mechanical 194
Application and Scope.
Definitions.
General.
Standards for Equipment and
Installations.
LPG, Construction and Marking of
Containers.
Location and Installation of
Containers and Systems.
Container Valves and Accessories.
LP-Gas Container Safety Relief
Devices.
Container Mounting.
System Design and Service-Line
Pressure.
Electrical Equipment.
Gas Piping Systems.
Piping Design.
Materials.
Expandable or Mukiple Commercial
Coaches.
Gas Pipe Sizing.
Joints for Gas Pipe.
Tubing Joints.
Concealed Tubing.
Pipe-Joint Compound.
Concealed Joints.
Couplings.
Hangers and Supports.
Electrical Ground.
Identification of Gas Supply
Connections.
Gas-Supply Connecdon Cap.
Appliance Connections.
Appliance Shutoff Valves.
Testing Before Appliances Are
Connected.
Testing After Appliances Are
Connected.
Leaks.
Rodent Resistance.
General.
Expandable or Multiple Commercial
Coaches.
Materials.
Size of Oil Piping.
Joints for Oil Piping.
Tubing Joints.
Pipe-Joint Compound.
Couplings.
Grade of Piping.
Hangers and Supports.
Testing for Leakage.
Oil Tanks.
Auxiliary Oil-Storage Tank.
Shutoff Valve.
Fuel-Oil Filters.
Appliances.
Fuel Conversion.
Appliance Installation.
Separation.
Clothes Dryer Installafion.
Commercial Hoods and Kitchen
Ventilafion.
Manufacturer's Instrucfions.
Safety Devices.
Securing.
Accessibility.
Clearances— General.
Venting.
Types of Venting Systems.
Single-Wall Vents.
Page iii
(12-30-2005)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
§ 4483.
Appliance Air Supply.
§ 4484.
Vent Termination.
§ 4485.
Joints.
§ 4486.
Roof Jacks.
§ 4490.
Safety Devices.
§ 4492.
Air Supply Systems.
§ 4493.
Joints and Seams of Ducts.
§ 4494.
Installation.
§ 4495.
Expandable or Multiple Vehicle
Ducts.
§ 4496.
Sizing of Ducts.
§ 4497.
Airtightness of Supply-Duct
System.
§ 4498.
Test Equipment.
§ 4498.5.
Duct and Plenum Insulation.
§ 4500.
Circulating Air Systems.
§4501.
Return- Air Ducts.
§4501.5.
Duct Material.
§4501.7.
Dampers.
§ 4502.
Permanent Openings.
§ 4505.
Air Conditioning or Comfort
Cooling Equipment.
§ 4506.
Installation.
§ 4507.
Separation.
§ 4509.
Circulating Air Supply.
§4510.
Duct System.
§4511.
Duct and Plenum Insulation.
Appendix CC-
-M-1
. . . 204
Appendix CC-
Subarticle 4.
-M-2
. . . 206
Plumbing
. . . 207
§4514.
Application and Scope.
§4515.
Definitions.
§4516.
Drainage Systems.
§4516.5.
Vents and Venting.
§ 4517.
Traps Required.
§ 4517.3.
Traps Prohibited.
§ 4517.5.
Trap Seals.
§ 4517.7.
Plumbing Fixtures.
§ 4517.8.
Waste Holding Tanks.
§4518.
Water Distribution System.
§ 4519.
Water Supply Connections.
§ 4522.
Potable Water Storage Tanks.
Appendix CC-
-P-1
. . . 209
Appendix CO
Article 3.5.
-P-2
...210
Special Purpose Commercial
Coaches
...211
§ 4525.
Application and Scope.
§ 4526.
Definitions.
§ 4527.
Fire Safety.
§ 4528.
Exits.
§ 4529.
Ceiling Height.
§ 4530.
Room Dimensions and
Construcdon.
§4531.
Glass and Glazed Openings.
§ 4532.
Electrical.
§ 4533.
Mechanical.
§ 4534.
Plumbing.
§ 4535.
Ventilation.
§ 4536.
Equipment.
Article 4.
Recreational Vehicles
...213
Subarticle 1.
Construction and Fire
Safety
. . . 213
§ 4550.
Application and Scope.
§ 4560.
Engine Exhaust Systems.
§ 4570. Fire Extinguishers.
§ 4580. Rodent Resistance.
Subarticle 2. Electrical 213
§ 4600. Application and Scope.
§4601. Definitions.
§ 4603. Low-Voltage Systems.
§ 4605. Incandescent Lighting Fixtures,
Low- Voltage.
§ 4619. Receptacle Outlets Requiring
Ground-Fault Circuit Protection.
§ 4624. Vehicles Wired in Accordance with
Section 4-7.4.3, NFPA 501 C-1977,
with a Rating in Excess of 30
Amperes, 1 15 Volts.
§ 4626. Fuel-Fired Engine Driven Generator
Units.
§ 4630. Labeling at the Electrical Entrance.
Subarticle 3. Mechanical 214
§ 4665. Application and Scope.
§ 4670. Labels.
§ 4680. Installation of Appliances.
Subarticle 4. Plumbing 215
§ 4800. Application and Scope.
Article 5. Third-Party Approval and
Enforcement 215
§ 4850. AppUcation and Scope.
§ 4852. Conditions of Approval for a Design
Approval Agency.
§ 4854. Conditions of Approval for a
Quality Assurance Agency.
§ 4856. Conditions of Approval for a
Quality Assurance Inspector.
§ 4858. Application for Design Approval
Agency and/or Quality Assurance
Agency Approval.
§ 4860. Application for Quality Assurance
Agency Approval.
§ 4862. Application for Quality Assurance
Inspector Approval.
§ 4864. Application Processing Time for
Original, Renewal and
Supplemental Approval.
§4866. Required Reporting of Name,
Address, Ownership and Staff
Changes.
§ 4868. Approval Expiration and Renewal.
§ 4870. General Operating Procedures and
Requirements.
§ 4872. Conflict of Interest, Collusion and
Fraud.
§ 4874. Contract Requirements.
§ 4876. Design Approval Procedures and
Requirements.
§ 4878. Inspecfion Method and Frequency.
§ 4880. Acdvity Reports Requirements.
§ 4882. Insignia Issuance and
AdministraUon.
§ 4884. Fees.
Appendix RV-P-I 225
Appendix A 225
Appendix B 225
Subchapter 3. Mobile Home Occupational
Licensing 225
Page iv
(12-30-2005)
Title 25
Factory-Built Housing and Mobile Homes
§ 3020.1
Chapter 3. Factory-Built Housing and
IViobile Homes
Subchapter 1. Factory-Built Housing
Article 1. Application and Scope
§ 3000. Application and Scope.
The provisions of this subchapter are applicable to all factory-built
housing manufactured after the effective date of this subchapter, except
as otherwise permitted or required by the Health and Safety Code.
NOTE: Authority cited: Sections 17003.5, 19990 and 19991.3, Health and Safety
Code. Reference: Section 19990, et seq.. Health and Safety Code.
History
1. Repealer of Subchapter 1 (Sections 3100-3620) and new Subchapter 1 (Sec-
tions 3100-3620) filed 9-14-77; effective thirtieth day thereafter (Register 77,
No. 38). For prior history, see Registers 70, No. 16; 71, No. 5; 71, No. 9; 71, No.
10; 71, No. 14; 72. No. 10; 72, No. 17; 72, No. 43; 73, No. 4; 74, No. 1; 74, No.
26; 75, No. 5; and 75, No. 39.
2. Repealer of Subchapter 1 * (Articles 1-6, Sections 3 1 00-3620, not consecutive,
and Appendix A) and new Subchapter 1 (Articles 1-6, Sections 3000-3082, not
consecutive) filed 7-1 1-83; effective thirtieth day thereafter (Register 83, No.
30).
3. Amendment filed 1 1-18-86; effective upon filing (Register 86, No. 47).
* The reorganization of Subchapter 1 is printed as a repealer and adoption for
clarity.
Article 2. Definitions
§3010. Definitions.
The following definitions and those contained in Division 13, Part 6
commencing with Section 19960, Health and Safety Code apply to the
provisions of this subchapter.
"Agency, Design Approval" means, in addition to the definition con-
tained in Section 19969.3, Health and Safety Code, a private entity
which, as determined pursuant to Sections 3022.1 and 3022.2 is:
(1) Independent and free from conflict of interest, and has the ability
to enforce, and shall enforce, the provisions of this subchapter without
an actual or any appearance of a conflict of interest.
(2) Staffed with qualified personnel who can and shall implement all
provisions of this subchapter relating to the evaluation of factory-built
housing plans and specifications as demonstrated by compliance with
Section 3022.1(a)(3) and (b)(l)-(3).
(3) Has the authority and the ability to obtain corrections of the de-
tected or reported defects.
"Agency, Listing" means an agency approved by the department
which is in the business of listing or labeling and which maintain a peri-
odic inspection program on current production of listed models, and
which makes available at least an annual published report of such listing
in which specific information is included that the product has been tested
to approved standards and found safe for use in a specified manner.
"Agency, Quality Assurance" means an organization which:
(1) Is in the business of inspecting equipment and systems;
(2) Conducts a Quality Assurance program;
(3) Is not under the control or jurisdiction of any manufacturer or
supplier for any affected industry except by contract as required and ap-
proved by the department;
(4) Makes available specific information as required by the depart-
ment;
(5) Is certified and approved by the department.
"Agency, Testing" means an organization which is:
(1) In the business of testing equipment and installafions;
(2) Qualified and equipped for experimental testing;
(3) Not under the jurisdiction or control of any manufacturer or suppli-
er for any affected industry;
(4) Maintaining at least an annual inspection program of all equipment
and iiistallations currently listed or labeled;
(5) Making available a published directory showing current listings of
manufacturer's equipment and installations which have been investi-
gated, certified and found safe for use in a specified manner and which
are listed or labeled by the testing agency;
(6) Approved by the department.
"Field Technical Service" means interpretation and clarification by
the department or design approval agency of technical data relating to the
application of this subchapter, but not including inspection.
"In Substantial Part Manufactured" means a module or major portion
of factory-built housing assembled at an off site location, in such a man-
ner that all pordons may not be inspected at the installation site without
disassembly or destruction of the part.
"Insignia of Approval" means a tab or tag issued by the department to
indicate coinpliance with this subchapter.
"Labeled" means equipment bearing an inspection label of an ap-
proved tesdng or listing agency.
"Listed" means all equipment and installafions that appear in a list
published by an approved tesfing or listing agency.
"Local Inspecfion Agency" means a local government building de-
partment authorized and approved pursuant to Secfions 3036 and 3037.
"Manufacturer" means any person who produces factory-built hous-
ing.
"Model" means a specific design of factory-built housing, as desig-
nated by the manufacturer, identifiable as such for purposes of plan
checking, quality control, quality assurance, in-plant and on-site inspec-
tion.
"Modified" means any change from the approved plans or installation
instructions which in the opinion of the department, design approval
agency or local enforcement agency would affect the structural, mechan-
ical, electrical or plumbing systems of factory-built housing bearing a
department insignia of approval.
"Professional Engineer" means an engineer holding a valid certificate
under Chapter 7 (commencing with Section 6700) of Division 3, of the
Business and Professions Code, in that branch of engineering which is
applicable.
"System" is a combination of structural, plumbing, mechanical or
electrical elements, components or subassemblies.
NOTE: Authority cited: Sections 17003.5, 19969.3, 19990 and 19991.3, Health
and Safety Code. Reference: Sections 19969.3, 19990 and 19991.3, Health and
Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon filing (Register 86, No. 47).
Article 3. Administration and Enforcement
§ 3020. Manufacturing Requirements.
Every manufacturer of factory-built housing subject to requirements
of this subchapter shall obtain plan approval for each model, and shall ob-
tain insignia for each unit manufactured. The manufacturer shall main-
tain a quality control program, and the units shall be inanufactured in ac-
cordance with the approved plans and shall be inspected as required by
provisions of this subchapter. No factory-built housing bearing a depart-
ment insignia of approval shall be in any way modified prior to installa-
tion unless approval is first obtained from the department or design ap-
proval agency.
NOTE: Authority cited: Sections 17003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19980, 19981, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§3020.1. Contract Requirements.
(a) All contracts, and any amendments thereto, executed between a
manufacturer and a Design Approval Agency, shall be in writing, and the
Page 85
Register 99, No. 3; 1-15-99
§3021
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
agency or agencies shall submit a copy of each contract or amendment
thereto to the department no later than ten (10) days after the effective
date of the contract.
(b) In the event of cancellation of any contract executed between a
manufacturer and a Design Approval Agency, the design Approval
Agency or Quality Assurance Agency shall notify the department in writ-
ing no later than ten (10) days after the cancellation. The written notice
shall include an explanation of the circumstances which led to the cancel-
lation by the manufacturer or the Design Approval Agency or Quality
Assurance Agency.
Note. Authority cited: Sections 19990, 19991.3 and 19991.4, Health and Safety
Code. Reference: Sections 19991.3 and 19991.4, Health and Safety Code.
History
1. New section filed 6-15-89; operative 7-15-89 (Register 89, No. 25).
§3021. Compliance.
Plan approval of each model of factory-built housing shall be contin-
gent upon compliance with the requirements of this subchapter. Viola-
tion of any of the provisions of this subchapter or variations from the ap-
proved plans shall be cause for revocation of the plan approval by the
department or design approval agency.
NOTE: Authority cited: Sections 17003.5. 19990 and 1991.3, Health and Safety
Code. Reference: Sections 19983, 19990, 199991 and 19991 .3, Health and Safety
Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3022. Field Technical Service.
Any person may request field technical service. Requests for such ser-
vice shall be submitted to the department in writing, together with re-
quired fees as specified in this subchapter. Requests from out-of-state
shall be accompanied by a cashier's check or money order payable to the
Department of Housing and Community Development.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19982 and 19990, Health and Safety Code.
§ 3022.1 . Design Approval Agency — Certification
Application Requirements.
(a) An application for design approval agency certification must be
made to the department in writing and such application shall include the
following information and documentation:
(1) An organizational chart of the agency, including reference to any
interlocking organizational relationships;
(2) Personnel resumes;
(3) Reports and other documentation indicating capability and capac-
ity to carry out design approval activities;
(4) A statement under penalty of perjury that the agency and its staff
have no institutional or contractual relationships with any manufacturer,
architect, engineer, or other person or entity which would create the ap-
pearance of, or an actual, conflict of interest;
(5) The applicant's proposed contract and fee schedule; and
(6) Documentation necessary to demonstrate the applicant's eligibil-
ity to receive public benefits pursuant to chapter 5.5 of this division, be-
ginning with section 5802.
(b) Reports and other documentation indicating the applicant's capa-
bility and capacity to carry out design approval activities shall contain,
at a minimum, the following information:
(1) Availability of licensed engineers and architects and other required
professional and support staff adequate to process estimated workload;
(2) Prior experience satisfactory to contractors or clients in reviewing
and/or preparing plans for factory-built or conventional structures;
(3) Description of proposed review process and procedures to ensure
design defects are corrected.
(c) An application for certification shall be accompanied by fees for
certification of design approval agencies as set forth in Secrion 3060.
(d) The department reserves the right to request additional documenta-
tion and information to make the findings necessary for certification.
NOTE: Authority cited: Sections 19968, 19990 and 19991.3, Health and Safety
Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 19982,
19990 and 19991.2, Health and Safety Code.
History
1. New section filed 1 1-18-86; effective upon filing (Register 86, No. 47).
2. New subsection (a)(6) 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 oper-
ation of law on the following day.
3. New subsection (a)(6) and amendment of Note refiled 8-4-98 as an emergency,
including additional amendment of subsections (a)(4) and (a)(5); operative
8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transinitted
to OAL by 1 2-2-98 or emergency language wil 1 be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 8-4-98 order, including amendment of subsec-
tion (a)(6), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No.
3).
§ 3022.2. Design Approval Agency — Notice of Receipt of
Complete Certification Application and
Application Review.
(a) Within 15 days of receiving the application, the department shall
review each appHcation for design approval agency certification re-
ceived pursuant to this subchapter and notify the applicant in writing of
either the acceptance of the application for filing, or the rejection of the
application due to incompleteness or errors, specifically identifying the
incompleteness of errors and what must be done in order to make the
application complete and acceptable.
(b) Within 60 days of receiving a completed application, the depart-
ment will complete its review of the application and shall grant or deny
a certification.
(c) Nothing in tliis section shall be construed as preventing the depart-
ment from requesting additional information or documentation from an
applicant after the receipt of a completed application, or from seeking ad-
ditional information from other persons or entities regarding the appli-
cant's fitness for certification during the 60-day review period.
NOTE: Authority cited: Section 15376, Government Code. Reference: Sections
15374-15378, Government code; and Section 19991.3, Health and Safety Code.
History
\. New section filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3022.3. Design Approval Agency — Requirements for
Certification and Decertification.
(a) Upon completion of its review of a completed application, the de-
partment shall issue a certification if all of the following conditions have
been met.
(1) All of the information required in Section 3022.1 has been pro-
vided by the applicant to the department's satisfaction;
(2) The certification fees required by Section 3060 have been paid;
(3) The department is satisfied that there is no acmal or apparent con-
flict of interest between any manufacturer, architect, engineer or other
person and the applicant;
(4) The department is satisfied that the appHcant's proposed fee struc-
ture is not disproportionate with regard to the services to be performed;
and
(5) The department is satisfied that the applicant has the capabihty and
capacity to carry out the activities of this subchapter.
(b) The certification of a design approval agency shall expire 36
months from the date the certification was issued. Application for recer-
tification shall be as specified in Section 3022.1.
(c) The department may revoke its certification of a design approval
agency for cause. For the purposes of this section, "cause" shall be acts
or omissions during the certification process or subsequent to certifica-
tion which would have resulted in a denial of certification if such acts or
omissions had occurred or existed prior to certification.
(d) A department refusal to issue a certification, or a revocation of cer-
tification, shall be subject to an informal administrative appeal before the
Director or his or her designee pursuant to Section 3056.
Note: Authority cited: Sections 17003.5, 19990 and 19991.3, Health and Safety
Code. Reference: Sections 19990 and 19991.3, Health and Safety Code.
Page 86
Register 99, No. 3; 1-15-99
Title 25
Factory-Built Housing and Mobile Homes
§3025
History
1. New section filed 1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3022.4. Design Approval Agency Reporting
Requirements.
(a) Design Approval Agencies shall prepare and maintain written re-
ports of all design approval activities performed pursuant to this sub-
chapter. Each report shall be maintained for a period of three (3) years
from the date of the approval by the design approval agency.
(b) Upon approval by the design approval agency of each plan, quality
control annual or amendment thereto, the design approval agency shall
submit a report of such approval to the department. The report shall be
submitted concurrent with notification of approval to the manufacturer.
The report shall list each plan and manual or amendment to such, which
were approved. The report shall be on form HCD 309(A), Factory-Built
Housing Notification of Plan Approval, dated March, 1989, and pro-
vided by the department and shall contain the following information:
(1) Identification, address and telephone number of the design approv-
al agency.
(2) The name, address, telephone number and identification number
of the manufacturer.
(3) The assigned plan approval number.
(4) The date of the approval and signature of the approving officer.
(5) The expiration date of the approval.
(6) An indication of the types of units, for which plans are approved.
(7) The location and telephone number of the manufacturing plant.
(8) The date of the report.
(9) The application number and the date it was received.
(10) The model number for each unit and a description of the work or
the change in the work outlined in the plan.
(c) By the fifteenth day of each month and on form HCD-FB 309(C)
Factory Built Housing Design Approval Agency Monthly Activity Re-
port, dated December 89 and provided by the department, a Design Ap-
proval Agency shall prepare and transmit to the department the following
information:
(1) The Design Approval Agency name, address, agency number and
telephone number.
(2) The reporting month and year.
(3) The date that the report was prepared.
(4) The name and identification number of each client manufacturer
served in the previous month.
(5) The total number of plans, plan renewals, plan amendments, manu-
als and manual amendments approved for each client manufacturer
served in the previous month.
(6) The total number of plans, plan renewals, plan amendments, manu-
als and manual amendments rejected for each client manufacturer served
in the previous month.
(7) The subtotal(s) of all plans, plan renewals, plan amendments, man-
uals and manual amendments approved or rejected on page(s) 1 and/or
2.
(8) The grand total number of all plans, plan renewals, plan amend-
ments, manuals and manual amendments approved or rejected by adding
the subtotals on pages 1 and/or 2.
(9) The fees calculated as follows:
(A) For plans approved, multiply the total number by the fee specified
in section 3060(m).
(B) For plan renewals approved, multiply the total number by the fee
specified in section 3060(m).
(C) For plan amendments approved, multiply the total number by the
fee specified in section 3060(m).
(D) For manuals approved, multiply the total number by the fee speci-
fied in section 3060(m).
(E) For manual amendments approved, multiply the total number by
the fee specified in section 3060(m).
( 1 0) The total fees attached by adding the fees for plans approved, plan
renewals approved, plan amendments approved, manuals approved and
manual amendments approved.
(] 1) The signature and title of the authorized person certifying under
penalty of perjury to the accuracy of the information provided.
(12) The date that certification was signed.
(d) The Design Approval Agency shall number the front and back
pages on form HCD-FB 309(C) Factory-Built Housing Design Approv-
al Agency Monthly Activity Report, dated December 1989.
(e) Each Design Approval Agency monthly activity report shall be ac-
companied by a copy of each plan, manual or amendment approved dur-
ing the previous month and the fee specified by section 3060(m), for each
plan, manual or amendment approved during the reporting month.
NOTE: Authority cited: Sections 1 9990 and 1 999 1 .3, Health and Safety Code. Ref-
erence: Section 19991.3, Health and Safety Code.
History
1. New section filed 6-15-89; operative 7-15-89 (Register 89, No. 25).
2. Editorial correction of NOTE (Register 89, No. 41).
3. Amendment filed 5-3-90; operative 6-29-90 (Register 90, No. 30).
§ 3023. Plan Approval.
(a) A plan approval shall be obtained from the department or a design
approval agency for each model of factory-built housing which is subject
to this subchapter.
(b) After obtaining plan approval, the manufacturer shall notify the de-
partment and the inspection agency in writing when he will commence
manufacturing the first units of each approved model.
NOTE: Authority cited: Secdons 17003.5, 19983 and 19990, Health and Safety
Code. Reference: Sections 19980, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3024. Application for Plan Approval.
Application to the department or design approval agency for plan ap-
proval shall include the following:
(a) Completed application in duplicate on forms prescribed by the de-
partment.
(b) Two complete sets of plans, calculations, and test data when re-
quired.
(c) Three sets of quality control manuals or reference to applicable
manuals which have previously been submitted and approved for prior
models.
(d) When plans are submitted to the department the fees shall be as spe-
cified in Section 3060.
(e) If the apphcant's manufacturing plan is out-of-state, the applica-
tion shall include a statement signed by the applicant that he agrees to in-
plant inspections and that he will apply for insignia for his factory-built
housing pursuant to Section 3054.
NOTE; Authority cited: Sections 1 7003.5 and 1 9990. Health and Safety Code. Ref-
erence: Sections 19980, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3025. Nonconforming Application and Plans.
(a) In the event the application is incomplete or unsuitable for process-
ing, the applicant shall be notified in writing within seven working days
of the date it is received by the department or design approval agency.
Should the applicant fail to submit a completely corrected application in
accordance with the information supplied by the department or design
approval agency within 90 calendar days of such notice, the application
will be deemed abandoned and all fees submitted will be forfeited to the
department or design approval agency. Subsequent submissions shall be
treated as a new application.
(b) In the event the plans are incomplete or require corrections, the
apphcant shall be notified in writing within a median of seven working
days of the date the plans are received by the department or design ap-
proval agency. Should the applicant fail to submit complete or corrected
plans in accordance with the information supplied by the department or
Page 87
Register 99, No. 3; 1-15-99
§3026
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
design approval agency within 1 20 calendar days of such notice, the
plans will be deemed abandoned and all fees submitted will be forfeited
to the department or design approval agency. The 120-day limitation
may be extended for cause by the department or design approval agency.
For the purposes of this section, "cause" may be demonstrated by actions
or omissions beyond the control of the applicant which delay final ap-
proval. A request for extension must be initiated by the applicant. Where
plans have expired, any resubmittal for plan approval shall be as required
for a new application for plan approval.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980, 19983 and 19990, Health and Safety Code.
History
1. Amendment of Section 3025 and renumberine and amendment of former Sec-
tion 3026 to Section 3025(b) filed 1 1-1 8-86; effective upon filing (Register 86,
No. 47).
§ 3026. Expiration of Application.
NOTE; Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980 and 19990, Health and Safety Code.
History
1 . Renumbering and amendment of Section 3026 to Section 3025(b) filed
1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3027. Withdrawal of Application.
If an applicant requests withdrawal of his application for plan approv-
al, he may make written request for refund of unspent fees, except that
plan filing fees shall not be refundable.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980, 19983 and 19990, Health and Safety Code.
History
1 . Amendment of NOTE filed 1 1-1 8-86; effective upon filing (Register 86, No.
47).
§ 3028. Plan Requirements.
(a) Plans submitted to the department or design approval agency shall
indicate every pertinent item necessary for design, assembly and installa-
tion. The plans shall include, when applicable, dimensions, framing
plans, cross sections, details of connections, material specifications,
floor plans, designed room use, exterior wall elevations, general notes,
methods of installation, and line diagrams, materials and details of elec-
trical, mechanical and plumbing systems. Design calculations shall be
submitted separately from the plan sheets.
(b) Plans shall list all applicable design criteria.
(c) Plan sheets shall not be less than 11" x 17" nor more than 30" x
42" . The first sheet shall contain the address of the manufacturer and his
manufacturing plant(s). Each sheet shall be numbered and contain the
name of the manufacturer, model designation and a blank space in the
lower right hand comer for the stamp of approval. The blank space shall
not be less than 3 1/2" wide by 5 1/2" high, except it may be a minimum
of 3" X 3" for building component and building system plans.
(d) Except for schematic drawings, plans shall be drawn to a scale of
not less than 1/8 inch per foot.
(e) When floor plans are applicable, the manufacturer shall identify
separate floor plans based on a specific size, room arrangement, method
of construction, location or arrangement or size of plumbing, electrical
or mechanical equipment. Any variations, including design loadings
shall be shown and properly identified on separate plan sheets.
(f) Plans shall indicate the location on the unit where the department
insignia of approval is to be applied.
(g) Plans shall include a resume of what installation work is to be done
on-site.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19983 and 19990, Health and Safety Code.
History
1 . Amendment of subsections (a), (c) and (e) filed 11-1 8-86; effective upon filing
(Register 86, No. 47).
§ 3029. Model Designation Requirements.
(a) Separate models shall be provided for each type of construction and
shall be shown on a separate set of plans.
(b) Each model shall be uniquely designated.
NOTE: Authority cited: Secdons 17003.5 and 1 9990, Health and Safety Code. Ref-
erence: Section 19990, Health and Safety Code.
History
1 . Amendment of subsection (a) and repealer of subsection (c) filed 11-1 8-86; ef-
fecdve upon filing (Register 86, No. 47).
§ 3030. Models Manufactured at More Than One Location.
NOTE: Authority cited: Sections 1 7003.5 and 19990, Health and Safety Code. Ref
erence: Section 19990, Health and Safety Code.
History
1. Repealer filed 1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3031 . In-Plant Quality Control.
(a) Concurrent with the request for plan approval, the manufacturer
shall submit to the department or design approval agency two sets of a
manual outlining a program of quality control. The program outlined
must meet the standards of this subchapter.
(b) The manufacturer shall maintain records for not less than one year
after manufacture to substantiate that each unit has been inspected and
complies with the approved plans.
(c) The manufacturer shall have in-plant inspections performed by
one of the following agencies to verify that the units have been produced
in accordance with the manufacturer's quality control program and com-
ply with the approved plans.
(1) Where there is a local inspection agency certified by the depart-
ment, it shall perform the required in-plant inspections and enforce com-
pliance with the quality control manual and plans.
(2) Where there is no certified local inspection agency, the manufac-
turer may contract with a quality assurance agency approved by the de-
partment to maintain a quality assurance program. The approved quality
assurance agency shall provide a certification that all of the manufactur-
er's factory-built housing bearing an insignia of the department have
been subject to the quality control program and are in compliance with
plans as approved by the department or the design approval agency.
(3) Where there is no certified local inspection agency, the manufac-
turer may have the department perform the required in-plant inspections,
with inspection fees to be paid as specified in Section 3061.
(d) When the in-plant inspections are performed by a certified local
inspection agency or an approved quality assurance agency, the depart-
ment shall make periodic inspections to verify that the units have been
produced in accordance with the quality control program and comply
with the approved plans. Periodic inspection fees shall be paid as speci-
fied in Section 3061.
NOTE: Authority cited: Sections 1 7003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19983, 19990, 19991.1 and 19991.2, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3032. Required Inspections.
The inspection agency as applicable shall make at least the following
inspections:
(a) For at least the first ten units of each model, produced at each man-
ufacturing location, all systems including structural, electrical, mechani-
cal and plumbing shall be inspected.
(b) Following inspection and approval of the first ten units, each sys-
tem shall be inspected in at least 25 percent of all units produced thereaf-
ter, except the inspection level may be reduced to 10 percent for building
components or building systems. The manufacturer shall request written
approval from the department before reducing the level of inspection
from the initial 100 percent inspection.
(c) The manufacturer may request written approval from the depart-
ment to further reduce the frequency of inspection for building compo-
nents, when it can be shown that the nature of the product, its end use, or
the manufacturing process warrants a lesser inspection frequency.
NOTE: Authority cited: Sections 17003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19990, 19991.1 and 19991.2, Health and Safety Code.
§ 3033. Quality Control Manual Requirements.
(a) The quality control manual shall conform to the following:
Page 88
Register 99, No. 3; 1-15-99
Title 25
Factory-Built Housing and Mobile Homes
§ 3034.1
(1) Pages of the manual shall be 8 1/2" x 11" in size, consecutively
numbered and replaceable.
(2) The manual shall contain an index.
(3) The manual shall identify the company or corporate officer to be
responsible for the quality control program.
(4) The manual shall set forth in detail how the manufacturer will
maintain his quality control to meet the standards set forth in this sub-
chapter.
(5) The manual shall specify how the units are identified during pro-
duction for the purposes of inspection relative to the approved plans. The
model, floor plan and design loading, as applicable, shall be indicated.
(6) The manual shall specify the procedure for maintaining a record
system indicating the type and date of inspections performed on each
unit. Copies of the forms to be used shall be included.
(7) The manual shall provide a general outline and/or schematic indi-
cating the sequence of the manufacturing and assembly processes. It shall
also indicate the sequence, type, and frequency of the quality control pro-
cedures to be instituted.
(8) The manual shall specify the place and method of storage of materi-
als and components, and shall indicate the degree of protection from the
weather and the capacity to control such factors as temperature and hu-
midity where required to prevent deterioration of materials.
(9) The manual shall specify the method of storage and support of the
completed units at the manufacturing plant and any other location includ-
ing the site prior to installation.
(10) The manual shall specify the inspection agency performing the
in-plant inspections.
(11) If applicable, the manual shall contain either acopy of the contract
between the manufacturer and the quality assurance agency, or a signed
statement by a responsible officer of the manufacturing company that
such an agreement is in force and effect prior to granting of plan approval
by the department or design approval agency.
(b) If the in-plant inspections are to be performed by an approved
quality assurance agency, the quality control manual shall contain a sepa-
rate section outlining the quality assurance program to be utilized by the
quality assurance agency in carrying out its responsibilities. This section
of the manual shall contain at least the following:
(1) A detailed description of how the quality assurance agency will
perform the in-plant inspections, including the frequency of the inspec-
tions required.
(2) An explanation of how discrepancies noted will be recorded,
marked, and how corrections will be obtained.
(3) Details of how inspection reports are to be made to the department,
together with samples of forms to be used. All inspection reports shall be
submitted to the department at least monthly.
(4) An explanation of how certification of the factory-built housing is
to be made, including a sample of the certification document or a facsim-
ile thereof.
(5) Specific designation of the approved quality assurance inspector(s)
who is to perform the in-plant inspections. If for any reason a designated
quality assurance inspector specified in the quality control manual will
no longer be assigned, the department shall be notified within 48 hours
of such termination, and a replacement shall be designated.
NOTE: Authority cited: Sections 17003.5, 19983 and 19990, Health and Safety
Code. Reference: Sections 19983 and 19990, Health and Safety Code.
History
1. Amendment of subsections (a)(4), (a)(]])and (b)(]) filed 11-18-86; effective
upon filing (Register 86, No. 47).
2. Amendment of subsection (b) (2) filed 6-15-89; operative 7-15-89 (Register
89, No. 25).
§ 3034. Quality Assurance Agency — Requirements for
Certification.
(a) A quality assurance agency prior to certification by the department
shall provide at least the following:
(1) An official request in writing for such certification accompanied
by the fee specified in this subchapter.
(2) An organizational chart setting forth its organizational structure,
including reference to any interlocking organizational relationships.
(3) Documented evidence substantiating that the agency is in the busi-
ness of inspecting equipment and systems relating to the manufacture of
factory-built housing.
(4) Documented evidence of capability to perform and carry out a
quality assurance program.
(5) A statement under penalty of perjury that the agency is not under
the control or jurisdiction of any manufacturer or supplier for any indus-
try affected by the California Factory-Built Housing Law except by con-
tract approved by the department.
(6) Documentation necessary to demonstrate the applicant's eligibil-
ity to receive public benefits pursuant to chapter 5.5 of this division, be-
ginning with section 5802.
(b) Personnel assigned by the quality assurance agency to make in-
plant inspections shall first be certified by the department as a quality as-
surance inspector.
(c) The department may revoke its certification of a quality assurance
agency or its assigned quality assurance inspector for cause. For the pur-
poses of this section, "cause" shall be acts or omissions during the certifi-
cation process or subsequent to certification which would have resulted
in a denial of certification if those acts or omissions occurred or existed
prior to certification. A department revocation may be subject to appeal
an informal administrative appeal before the director or his or her desig-
nee pursuant to Section 3056.
NOTE: Authority cited: Sections 1 7003.5 and 1 9990, Health and Safety Code. Ref-
erence: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 19990, Health and
Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon fding (Register 86, No. 47).
2. New subsecfion (a)(6) 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 oper-
ation of law on the following day.
3. New subsection (a)(6) and amendment of Note refiled 8-4-98 as an emergen-
cy; 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, including amendment of subsec-
tion (a)(6), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No.
3).
§ 3034.1 . Quality Assurance Agency Reporting
Requirements.
(a) Quality Assurance Agencies shall prepare and maintain written re-
ports of all inspection activities performed pursuant to this subchapter.
(b) Each Quality Assurance Agency shall submit a written report to the
department, by the fifteenth day of each month. The report shall summa-
rize the inspection activities conducted the previous month for each cli-
ent manufacturer. The report shall be on form HCD 309(B), Factory-
Built Housing Quality Assurance Agency Monthly Report, dated March,
1989, and provided by the department and shall contain the following in-
formation:
(1) The name, address and telephone number of the Quality Assurance
Agency.
(2) The name, address, telephone number and identification number
of the manufacturer.
(3) The location and telephone number of the manufacturing plant.
(4) The date of the report.
(5) The month for which inspection activities are being summarized.
(6) The number and dates of inspection visits.
(7) A brief narrative assessing the adequacy of the manufacturer's
quality control program..
(8) The signature and title of the officer reviewing the monthly report.
(9) The number of units approved for Factory-Built Housing insignia
during the month for which inspection activities are being summarized,
and the serial numbers of those units.
(10) A copy of each quality assurance inspection report prepared pur-
suant to Section 3035.1 of this subchapter.
Page 89
Register 99, No. 3; 1-15-99
§3035
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) The quality assurance shall retain all reports, or copies thereof, re-
quired by this subchapter, for a period of three (3) years.
(d) The quality assurance agency shall notify the department of their
discovery of units shipped from the location of manufacture without re-
quired inspection or insignia, or otherwise not in compliance with the
Factory-Built Housing Law or this subchapter. The notification shall be
provided in writing within 24 hours of the discovery.
NOTE: Authority cited: Sections 1 9990 and 1 999 1 .4, Health and Safety Code, Ref-
erence: Sections 19990 and 19991.4, Health and Safety Code.
History
1. New section filed 6-15-89; operative 7-15-89 (Register 89, No. 25).
§ 3035. Quality Assurance Inspector — Requirements for
Certification.
(a) A quality assurance inspector shall, prior to certification by the de-
partment, meet the following requirements:
(1) An application for certification shall be made on forms obtainable
from the department and accompanied by fees as specified in Section
3060. The apphcation shall contain a resume of education and work ex-
perience.
(2) Inspection personnel designated to perform the in-plant inspec-
tions shall be certified by an examination conducted by the department.
The examination will consist of a written test based on the Factory-Built
Housing Law, the administrative regulations related thereto, and the
building systems employed in the construction of factory-built housing.
A minimum rating of 70% must be attained.
(3) Demonstration of the capability to note construction violations
during actual in-plant inspections.
(4) Demonstration of eligibility to receive public benefits, pursuant to
chapter 5.5 of this division, beginning with section 5802.
(b) The certification of a quality assurance inspector shall expire 36
months from the date of initial certification. Application for recertifica-
tion shall be as specified in subsection (a)(1).
(c) The department may revoke its certification of a quality assurance
inspector for cause. "Cause" shall be established upon the findings of acts
or omissions subsequent to certification which result in the placing of in-
signia on units or modules which are not in compliance with this sub-
chapter. A department revocation may be subject to an informal adminis-
trative appeal before the Director or his or her designee pursuant to
Section 3056.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: 8 U.S.C. Sections 1621, 1641 and 1642; and Section 19990, Health and
Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
2. New subsection (a)(4) 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 oper-
ation of law on the following day.
3. New subsection (a)(4) and amendment of Note refiled 8-4-98 as an emergen-
cy; 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).
§ 3035.1 . Quality Assurance Inspector Reporting
Requirements.
(a) As the representative of the quality assurance agency, the quality
assurance inspector shall prepare an inspection report at the end of each
inspection visit before leaving the location of the inspection.
(b) A copy of the report shall be provided to the manufacturer before
the inspector leaves the location of the inspection and shall include the
following information:
(1) The name of the quality assurance agency, the QuaHty Assurance
Inspector, and the manufacturer.
(2) The date of the inspection.
(3) A brief narrative describing the inspection activities, i.e., produc-
tion, finished units, material storage, test, quality control inspection, etc.
(4) The model number, plan approval number, serial number and type
of each unit inspected.
(5) The unit location in the production sequence when inspected, in-
cluding any finished units bearing insignia.
(6) For each unit inspected or tested, a description of violations ob-
served and action taken to correct the violations and eliirtinated recur-
rence.
(7) An order to hold any unit found to be in violation and which could
not be brought into compliance during the inspection visit.
(8) A brief narrative summarizing the effectiveness of the manufactur-
er's quality control program and any requirements for needed improve-
ments.
NOTE: Authority cited: Sections 1 9990 and 1 999 1 .4, Health and Safety Code. Ref-
erence: Section 19991.4, Health and Safety Code.
History
1. New secdon filed 6-15-89; operative 7-15-89 (Register 89, No. 25).
§ 3036. Local Inspection Agency.
(a) As set forth in Section 1 9991 . 1 of the Health and Safety Code, a city
or county building department may assume responsibility ibr in-plant in-
spections of factory-built housing, when certified by the department.
(b) In the event the governing body cancels its assumption of responsi-
bility, the department upon receipt of official notice shall assume such
responsibility within 30 days.
(c) The local inspection agency shall authorize the manufacturer to af-
fix the department's insignia of approval, when units have been subject
to the quality control program and are in compliance with plans as ap-
proved by the department.
(d) The local inspection agency shall keep a record of what units have
been authorized for the affixing of insignia and shall, each month, make
a report of such units to the department.
NOTE: Authority cited: Secdons 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19990 and 19991.1, Health and Safety Code.
§ 3037. Local Inspection Agency — Requirements for
Certification.
(a) The governing body electing by ordinance to have its building de-
partment assume responsibility for in-plant inspections of factory-built
housing shall file a copy of such ordinance with the department.
(b) After 30 days' written notice to the department and when meeting
the department's requireinents for certification, the governing body and
the local inspection agency shall be advised in writing that enforcement
responsibility may be commenced.
(c) If the department' s certification requirements have not been met by
the local inspection agency, the governing body and the local inspection
agency shall within a reasonable time be advised in writing by the depart-
ment. Such notification shall set forth in detail the reasons why certifica-
tion may not be granted.
(d) The local inspection agency shall designate the person(s) who are
to perform the in-plant inspections at each place of manufacture within
the political limits of the jurisdiction and provide the department with a
resume of each persons education and work experience. If only one per-
son is designated for a particular place of manufacture, the name of a
back-up inspector shall be provided. These designations shall be kept
current.
(e) Inspection personnel designated to perform the in-plant inspec-
tions shall be certified by an examination conducted by the department.
The examination will consist of a written test based on the Factory-Built
Housing Law, the administrative regulations related thereto, and the
building systems employed in the construction of factory-built housing.
A minimum rating of 70% must be attained. Inspection persoiuiel shall
also demonstrate capability to note construction violations during actual
in-plant inspections.
(f) The certification of local inspection agency inspectors shall expire
36 months from the date of initial certification. Apphcation for recertifi-
cation shall be as specified in subsection (e).
(g) The department may revoke its certification of the local inspection
agency or an in-plant inspector for cause. "Cause" shall be established
Page 90
Register 99, No. 3; 1-15-99
Title 25
Factory-Built Housing and Mobile Homes
§3038
•
upon the findings of acts or omissions subsequent to certification which
result in the placing of insignia on units or modules which are not in com-
pliance with this subchapter. A department revocation may be subject to
an informal administrative appeal before the director or his or her desig-
nee pursuant to Section 3056.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19990 and 19991.1, Health and Safety Code.
History
1 . Amendment of subsections (d). (f) and (g) filed 1 1-18-86; effective upon filing
(Register 86, No. 47).
§ 3038. Identification.
(a) Each factory-built dwelling, dwelling unit, individual dwelling
room or combination thereof shall have attached thereto a permanent unit
serial number. The unit serial number shall be visible throughout all
phases of construction, including installation at the site.
Unit serial numbers shall consist of at least the following:
( J ) Unit serial numbers for factory-built housing consisting of a single
unit shall be a single serial number, i.e. 1000.
(2) Unit serial numbers for factory-built housing consisting of two or
more units shall, for the purpose of identifying each unit as part of a spe-
cific group, conform to the format of:
x-y (z)
where: x is a serial number common to each unit in the group,
y is a number or letter identifying a specific unit within
the group, i.e. 1, 2. 3, or A, B, C, etc.,
z is an optional number denoting the total number of
units in the group.
An example of unit serial numbers for factory-built housing consist-
ing of two units would be 1000-1(2) and 1000-2(2).
(b) Building components shall be identified for the purpose of in-plant
and on-site inspection.
[The next page is 91.]
Page 90.1
Register 99, No. 3; 1-15-99
Title 25
Factory-Built Housing and Mobile Homes
§3046
(c) Units produced within California which are to be sold or offered
for sale outside of California shall be identified.
(d) Units produced outside of California, which are to be sold or of-
fered for sale in California by a manufacturer having plan approval issued
by the department, shall be specifically identified.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Section 19990, Health and Safety Code.
History
1. Amendment of subsection (a) filed 11-18-86: effective upon filing (Register
86, No. 47).
§ 3039. Insignia of Approval.
(a) Each factory-built dwelling, dwelling unit, individual dwelling
room or combination of rooms thereof, manufactured and shipped or
transported separately pursuant to these regulations, shall have an insig-
nia of approval attached thereto prior to shipment from the factory or
place of manufacture. The insignia shall be placed in a visible location
as shown on the plans and shall contain the following information:
(1) Name of Manufacturer
(2) Model Designation
(3) Unit Serial Number
(4) Plan Approval Number
(5) Date of Manufacture
(6) Insignia Serial Number
(7) Design wind load and exposure, roof live load, and seismic zone.
The insignia shall be purchased from the department and shall be im-
printed by the manufacturer with the information required by 2, 3, 4, 5
and 7 above prior to affixing the insignia to the unit.
(b) Each building component manufactured pursuant to this subchapt-
er shall have an insignia of approval attached thereto prior to shipment
from the factory or place of manufacture. The insignia shall be placed in
a visible location as shown on the plans and shall contain the plan approv-
al number. The insignia shall be purchased from the department and shall
be imprinted by the manufacturer with the plan approval number.
(c) Insignia shall remain the property of the department and may be
confiscated by the department or inspection agency in the event of viola-
tion of the conditions of approval. In such case, no refund of insignia fees
shall be made.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3040. Application for Insignia.
Following receipt of plan approval, the manufacturer shall make appli-
cation for insignia for all factory-built housing manufactured pursuant
to this subchapter.
Application shall be made on forms provided by the department and
shall be submitted in triplicate to the Sacramento Administrative Office
accompanied by fees as specified in Section 3060.
NOTE: Authority cited: Sections 1 7003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effecfive upon filing (Register 86, No. 47).
§3041. Use of Insignia.
Each manufacturer shall maintain a record of the use of insignia and
shall report monthly to the department regarding such use and the loca-
tion of each unit produced pursuant to this subchapter.
NOTE: Authority cited: Secfions 17003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19980 and 19990, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effecfive upon filing (Register 86, No. 47).
§ 3042. Refund of Insignia Fees.
A manufacturer may request refund of the fees paid for unused insig-
nia. Such request shall be in writing. The department shall, upon receipt
of the insignia, refund the fees paid, less a twenty-five dollar ($25) handl-
ing fee. Fees paid for insignia held longer than two years from date of is-
suance shall not be subject to refund.
NOTE: Authority cited: Sections 17003.5, 19982 and 19990, Health and Safety
Code. Reference: Sections 19882, 19980 and 19990, Health and Safety Code.
History
1. Amendment filed 5-3-90; operative 6-29-90 (Register 90, No. 30).
§ 3043. Denial of Insignia.
Should inspection reveal that a manufacturer is not manufacturing
units according to plans approved by the departinent or design approval
agency, and such manufacturer, after having been served with a notice
setting forth in what respect the provisions of the plan approval have been
violated, continues to manufacture units in violation of the plan approval,
application for new insignia shall be denied by the department and the
insignia previously issued for units in violation of the plan approval shall
be confiscated by the department. Upon proof of compHance satisfactory
to the department or design approval agency such manufacturer may re-
submit an application for insignia.
NOTE: Authority cited: Sections 1 7003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19980, 19983 and 19990, Health and Safety Code.
History
1 . Amendment filed 11-1 8-86; effective upon filing (Register 86, No. 47).
§ 3044. Insignia Removal.
In the event that any unit bearing insignia is found to be in violation
of the approved plans, the inspection agency may remove the insignia
and shall furnish the manufacturer or first user or both with a written
statement of such violations.
The manufacturer or first user or both shall request an inspection from
the inspection agency after making corrections to bring the unit into com-
pliance before the department shall issue a replacement insignia.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref
erence: Sections 19980 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effecfive upon filing (Register 86, No. 47).
§ 3045. Lost or Damaged Insignia.
(a) When an insignia becomes lost or damaged, the department shall
be notified in writing by the manufacturer. The manufacturer shall also
provide the unit's serial number and when possible the insignia number.
All damaged insignia shall be promptly returned to the department. Dam-
aged and lost insignia shall be replaced by the department with a replace-
ment insignia on payment of the replacement insignia fees as specified
in Section 3060.
(b) Insignia on which information has been incorrectly imprinted may
be returned for replacement subject to the replacement insignia fees as
specified in Section 3060.
NOTE: Authority cited: Secfions 1 7003.5 and 1 9990, Health and Safety Code. Ref-
erence: Secfions 19980 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effecfive upon filing (Register 86, No. 47).
§ 3046. Evidence of Approval.
The quality control manual must be approved by the department or de-
sign approval agency prior to issuance of plan approval.
The approval of the plans and quality control manual shall be evi-
denced by the stamp of approval of the department or the design approval
agency. Approved copies of each shall be returned to the manufacturer
and shall be kept at each place of manufacture and made available to de-
partment representatives, the design approval agency, the local inspec-
tion agency, or representatives of the quality assurance agency. No
changes, additions, or deletions to the approved plans and quality control
manual shall be acceptable without prior written approval of the depart-
ment or the design approval agency.
NOTE: Authority cited: Secfions 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effecfive upon filing (Register 86, No. 47).
Page 91
Register 90, Nos. 26-31; 8-3-90
§3047
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 3047. Changes to Approved Plans or Quality Control
Manual.
When the manufacturer proposes to change the approved plans or
quahty control manual, two sets of the revised plans or quality control
manual shall be submitted to the department or design approval agency
for approval.
The submission shall be accompanied by an application made in duph-
cate on forms prescribed by the department. Where the department is the
enforcement agency fees shall be as specified in Section 3060.The apph-
cation shall contain a narrative description of the proposed change.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19982 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3048. Plan Approval Expiration.
Plan approvals shall expire 36 months from the date of approval by the
department or design approval agency. Application for plan approval re-
newal shall be made in duplicate on forms prescribed by the department
together with two sets of plans, calculations, quality control manuals, and
test data when required. Where the department is the enforcement agency
fees shall be as set forth in Section 3060.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19982, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon fihng (Register 86, No. 47).
§ 3049. Existing Plan Approvals.
When amendments to this subchapter require changes to an approved
plan or quality control manual, the department or design approval agency
shall notify the manufacturer of these amendments and shall allow the
manufacturer 60 days from the date of such notification, or such addition-
al time as the department or design approval agency deems reasonable,
in which to submit revised plans or quality control manuals and obtain
approval from the department or design approval agency. Submissions
made pursuant to this section shall be processed as changes to approved
plans or quality control manual. Submissions made after the time period
provided shall be processed as a new plan approval.
Note: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19982, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3050. Plan Approval Revocation.
A plan approval shall remain in force and effect until revoked.
Automatic revocation of a plan approval shall occur upon expiration,
or failure of the manufacturer to obtain approval of changes pursuant to
Section 3049.
The department or design approval agency may revoke a plan approv-
al upon finding definite evidence that said plans are inconsistent with
these regulations or that the product is not being constructed in accor-
dance with the approved plans and quality control manual. A revocation
may be subject to an informal administrative appeal before the director
or his or her designee pursuant to Section 3056.
This section shall not be construed to prohibit a manufacturer from
submitting, for a new plan approval, a plan which has been revoked as
provided in this section.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19982, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3051 . Change of Ownership, Name or Address.
When there is a change of ownership, name or address of a manufac-
turing business having department or design approval agency plan ap-
proval, the department and design approval agency shall be notified of
such change within ten days. Where the department is the enforcement
agency the notification shall be accompanied by fees as specified in Sec-
tion 3060. Previously approved plans and quality control manuals con-
taining the correct name and address of the manufacturer and his plant
locations shall be submitted to the department or design approval agency
if applicable. In the event of a change of ownership, application for
changes to the approved plans or quality control manual shall not be re-
quired if the new owner submits a certification that he will continue to
manufacture in accordance with previously approved plans and quality
control manual, and if applicable, the contract with the existing quality
assurance agency will be continued.
NOTE; Authority cited: Sections 1 7003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19982, 19983 and 19990, Health and Safety Code.
History
1 . Amendment filed 1 1-18-86; effective upon fifing (Register 86, No. 47).
§ 3052. Discontinuance of Manufacture.
When a manufacturer discontinues production of a model having de-
partment or design approval agency plan approval, the manufacturer
shall advise the department and design approval agency of the date of
such discontinuance and return all insignia allocated for such discontin-
ued models. Refund of insignia fees shall be as specified in Section 3060.
NOTE: Authority cited: Sections 1 7003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19980, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effecrive upon filing (Register 86, No. 47).
§ 3053. Prototype.
(a) Notwithstanding any other provisions of this subchapter, a man-
ufacturer may build, prior to plan approval, one prototype of each model
of a dwelling or individual dwelling room or combinadon thereof, he pro-
poses to manufacture provided:
(1) The manufacturer informs the inspection agency in writing that he
proposes to build a prototype, submitting the proposed unit serial number
and a description of his proposal, and,
(2) If the description generally complies with the requirements of this
subchapter and the inspection agency provides written approval to build
said prototype, and,
(3) Requests for inspection are to be made to the inspection agency,
and
(4) Where the department is the inspection agency, inspection fees as
specified in Section 3061 are paid at time of inspection.
(b) The inspection agency, upon request, shall inspect prototypes
based upon visual in-plant inspections to determine compliance with the
requirements of these regulations.
(c) Upon completion of prototype construction and approval by the in-
spection agency, the manufacturer shall submit a complete plan of his
prototype to the department or design approval agency for approval.
Prototype plans shall be subject to the requirements relating to installa-
tion plans.
(d) Insignia shall be purchased by the manufacturer and shall be af-
fixed to the prototype by a representative of the inspection agency, after
determination that the unit complies with the requirements of these regu-
lations.
NOTE; Authority cited: Sections 1 7003.5 and 19990, Health and Safety Code. Ref-
erence: Secdons 19980, 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effecrive upon filing (Register 86, No. 47).
§ 3054. Reciprocity.
(a) Except as otherwise specified in this secdon, the provisions con-
tained in this subchapter shall apply to the manufacturing of factory-built
housing designed, constructed, and intended to be shipped or transported
to or from another state which has entered into a reciprocal agreement
with the State of California, Department of Housing and Community De-
velopment.
(b) Any manufacturer who wishes to manufacture and ship factory-
buUt housing in accordance with the provisions set forth in the reciprocal
agreements between any state and the State of California must meet the
qualificadons established by statute or reguladon in such states. Prior to
approval to manufacture under reciprocal agreement, the manufacturer
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shall submit documented evidence that he, in fact, does meet such qualifi-
cations.
(c) Plan approval shall be obtained from the department or design ap-
proval agency for each model of factory-built housing which is to be
manufactured under reciprocal agreement with another state. Where the
department is the plan approval agency, fees shall be as specified in Sec-
tion 3060.
(d) Factory-built housing manufactured in California under a recipro-
cal agreement shall be inspected during construction solely by the depart-
ment. Inspection fees shall be as specified in Section 3060.
(e) Insignia shall be purchased by the manufacturer from each state
and shall be affixed to each approved unit of factory-built housing.
Application for California insignia shall be made on forms obtainable
from the department. Fees for reciprocity insignia shall be as specified
in Section 3060.
(f) Every manufacturer who wishes to ship units in reciprocity shall
first agree in writing on a form acceptable to each state to correct any
work not done in accordance with approved plans. He shall complete all
corrections within a stipulated time period. A copy of the agreement shall
be forwarded by the department to the reciprocating state.
Every manufacturer when operating under this agreement shall post
a bond of sufficient amount to fully cover all work necessary to bring the
unit into conformance with the approved plans. The bonding company
shall be operating under the laws of both states. The bonding company
shall submit a copy of the bond to each state. The bond shall cover any
costs incurred by each enforcing state. This shall include attorney's fees,
court costs, and other costs necessary to secure the results intended.
(g) Approval to build prototypes for shipment under reciprocal agree-
ment shall not be granted.
(h) Upon written notice, this state or any state having a reciprocal
agreement with this State may terminate the agreement. Such termination
shall not occur less than 90 days from the date of written notification nor
more than 6 months following such notification. The exact date of termi-
nation is subject to negotiation between such states.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980, 19983, 19985 and 19990, Health and Safety Code.
History
1. Editorial correction of subsection (0 filed 7-22-83; designated effective
8-10-83 (Register 83, No. 30).
2. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3055. Complaint Investigation.
Any owner of factory-built housing manufacmred pursuant to the pro-
visions of this subchapter may file a written complaint with the depart-
ment setting forth the items which the owner believes do not comply with
the provisions of this subchapter. The department shall make an inspec-
tion of the unit indicated in the complaint to be in violation of this sub-
chapter.
When an inspection reveals that such unit is in violation of any provi-
sion of this subchapter, the department shall serve the seller, person re-
sponsible for violation, or their agents, a notification setting forth in what
respect the provisions of this subchapter have been violated. Violations
shall be corrected within 10 days or such longer time as may be allowed
by the department, and an inspection shall be requested by the person
served with the notification. The request for inspection shall be accompa-
nied by a minimum one hour inspection fee in addition to fees required
for the initial inspection pursuant to the complaint. Inspection fees shall
be as specified in this Section 3061.
Should the violations not be corrected within the allotted time, the de-
partment may institute legal and/or administrative action as necessary to
secure compliance.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19990 and 19991, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3056. Appeal and Hearing Procedures.
(a) Any person refused approval, receiving a notice of violation, or
who feels aggrieved by application of this subchapter, may request and
shall be granted an informal administrative hearing on the matter before
the director of the department or his or her duly authorized representa-
tive. Such person shall file with the department a written petition request-
ing a hearing which sets forth a brief statement of the grounds therefor.
(b) Upon receipt of a petition, the department shall set a time and place
for the hearing and shall give the petitioner at least 1 0 days written notice.
The hearing shall commence no later than 30 days after the day on which
the petition was filed except that, upon application or concurrence of the
petitioner, the department may postpone the date of the hearing for a rea-
sonable time beyond the 30-day period, if in its judgment the petitioner
has submitted or the department has a good and sufficient reason for the
postponement. Should petitioner fail to appear at the scheduled time and
place of the hearing, the department may dismiss the petition without fur-
ther action or take other action as may be appropriate.
(c) Upon conclusion of the hearing, the director of the department, or
his or her duly authorized representative, shall notify the petitioner in
writing of his or her decision in the matter and the reasons therefor, within
45 days.
NOTE: Authority cited: Secdons 17003.5, 19995 and 19996, Health and Safety
Code. Reference: Sections 19995 and 19996, Health and Safety Code.
History
1. New section filed 11-18-86; effective upon filing (Register 86, No. 47).
Article 4. Fees
§ 3060. Fees.
(a) Plan Fees.
(1) Plan Filing Fees.
(A) Sixty dollars ($60) for each new model.
(B) Twenty dollars ($20) for each individually submitted change to an
approved plan.
(2) Plan Checking Fee Deposit.
(A) Three hundred dollars ($300) for each new model.
(B) One hundred fifty dollars ($150) for each building component
model.
(C) The department may require a plan checking fee deposit not ex-
ceeding three hundred dollars ($300) for changes to approved plans. The
plan checking fee deposit less actual costs as determined by the depart-
ment shall be refundable.
(3) Plan Checking Fees. Two hundred three dollars ($203) provided
the plan check does not exceed one hour. When the plan check exceeds
one hour, the following fees shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(4) Plan Renewal Fee. Sixty dollars ($60) for plan renewal for each
model.
(5) Plan Renewal Plan Checldng Fees. Two hundred three dollars
($203) provided the plan renewal plan check does not exceed one hour.
When the plan renewal plan check exceeds one hour, the following fees
shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(b) Quality Control Manual. Twenty dollars ($20) for each individual-
ly submitted change to an approved quality control manual.
(c) Inspection and Technical Service Fees.
(1) One hundred ninety-six dollars ($196) provided the inspection, or
technical service does not exceed one hour. When the inspection, moni-
toring, or technical services exceeds one hour, the following fees shall
apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(d) Out-of-State Inspection and Technical Service Fees. Fees shall be
in accordance with subsection (c) plus total travel cost based on pub-
lished air fare, or equivalent rate, between the point of departure in Cali-
fornia and the point of inspection, plus necessary supplemental surface
transportation, and reimbursement for food and lodging consistent with
California State Department of Personnel Administration.
(e) Periodic Monitoring Inspection Fees. Periodic monitoring inspec-
tion fees shall be paid for inspection time and required travel time from
the point of departure in California, in accordance with subsection (c). If
reinspections are necessary as a result of a periodic monitoring inspec-
tion, the reinspection and travel time from the point of departure in Cali-
fornia shall be paid in accordance with subsection (c). Out-of-state trav-
el costs for periodic monitoring inspections and reinspections shall be
paid in accordance with subsection (d).
(f) Insignia Fees.
(1) Sixty-two dollars ($62) for each insignia, excepting building com-
ponents.
(2) Five dollars ($5) for each individual building component.
(3) Sixty-two dollars ($62) for replacement insignia.
(g) Reciprocal Insignia Fees.
( 1 ) Insignia fees for units manufactured in California shall be as speci-
fied subsection (f).
(2) Two dollars ($2) for each single family dwelling unit, dwelling
unit, individual dwelling room or combination of rooms thereof, shipped
from another state under reciprocal agreement.
(3) Ten cents ($.10) for each individual building component.
(h) Out-of-State Approval Fee. Initial plant inspection fee shall be in
accordance with subsection (c) and travel cost based on published air
fare, or equivalent rate, between the point of departure in California and
the location of the factory plus necessary supplemental surface transpor-
tation, and reimbursement for food and lodging consistent with Califor-
nia State Department of Personnel Administration.
(i) Change in Manufacturer Name, Ownership, or Address Fee. Sixty-
two dollars ($62).
(j) Certification Fee — Quality-Assurance Agency. Three hundred
twenty-eight dollars ($328) for each certification application.
(k) Quality Approval Agency Renewal. Two hundred eighty-six dol-
lars ($286) for each renewal application.
(/) Certification Fee — Quality Assurance Inspector. Eight hundred
sixty-six dollars ($866) for each person making request for certification.
(m) Quality Assurance Inspector Renewal. Two hundred fifty-three
($253) for each renewal application.
(n) Certification Fee — Design Approval Agency. Three hundred
twenty-eight dollars ($328) for each certification application.
(0) Design Approval Agency Renewal. Two hundred eighty-six dol-
lars ($286) for each renewal application.
(p) Design Approval Agency Monitoring Fee.
(1) Forty-two dollars ($42) for each approved plan or plan renewal.
(2) Nineteen dollars ($ 1 9) for each amendment to previously approved
plans or manuals.
(3) Twenty dollars ($20) for each approved quality control manual,
(q) Alternate Approval. Two hundred three dollars ($203) provided
the plan renewal plan check does not exceed one hour. When the plan re-
newal plan check exceeds one hour, the following fees shall apply:
(1) Second and subsequent whole hours: ninety-two dollars ($92).
(2) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(r) Alternate Approval Plan Review. Two hundred three dollars ($203)
for each hour.
NOTE: Authority cited: Sections 19982 and 19990, Health and Safety Code. Ref-
erence: Sections 19982 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
2. Amendment filed 5-3-90; operafive 6-29-90 (Register 90, No. 30).
3. Amendment of section and Note filed 12-29-2005; operative 1-1-2006 pur-
suant to Government Code section 11 343.4 (Register 2005, No. 52).
§ 3061. Inspection Fees, Payment and Collection.
(a) Each manufacturer of factory-built housing having the department
as its inspection agency shall submit in-plant inspection fees to the de-
partment pursuant to Section 3060. In-plant inspection fees are payable
to the department, at the option of the manufacturer and/or department,
in the following manner:
(1) Monthly, after billing by the department for in-plant inspection
hours during the billing period, or,
(2) Advance hours during a monthly period.
(b) The department may require one or more of the following actions
for the cause noted:
(1 ) Require that payments be made in the form of cashiers check drawn
upon a bank or savings an loan as a result of failure to pay previous fees
with good and sufficient funds.
(2) Discontinue in-plant inspection for failure to pay in-plant inspec-
tion fees or for failure to pay such fees with good and sufficient funds.
(3) Discontinue the issuance of labels or insignia for failure to pay in-
plant inspection fees or for failure to pay such fees with good and suffi-
cient funds.
(4) Reappropriate labels or insignia previously issued for failure to pay
in-plant inspection fees or for failure to pay such fees with good and suf-
ficient funds.
(c) Where manufacturers are subject to monthly billing for in-plant in-
spection fees, the department shall mail a statement to the manufacturer
on either the 1st, 10th, or 20th day of the month. The statement shall set
forth the amount due the department for in-plant inspection services dur-
ing the billing period. The amount set forth in the statement shall be due
and payable upon receipt and shall be past due if not received by the de-
partment on the 10th day after the statement date.
(d) The department, upon written notice from the manufacturer indi-
cating that in-plant inspection will no longer be necessary and explaining
the reasons therefore, shall within 60 days from receipt of such notice re-
fund any credits due the manufacturer from advance deposits made in ac-
cordance with subsection (a)(2) of this section.
NOTE: Authority cited: Secdons 17003.5, 19982 and 19990, Health and Safety
Code. Reference: Sections 19982 and 19990, Health and Safety Code.
History
1. New section filed 11-18-86; effective upon filing (Register 86, No. 47).
Article 5. Design and Fabrication
§ 3070. Design and Fabrication.
The design and fabrication of factory-built housing shall be in accor-
dance with the applicable building standards contained in Parts 2, 3, 4 and
5, Title 24, California Administrative Code.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Section 19990, Health and Safety Code.
§ 3071 . New Concepts, Alternates and Equivalents.
(a) The provisions of this subchapter are not intended to prevent the
use of any new concept, material, appliance, system, device, arrange-
ment, or method of construction not specifically prescribed by this sub-
chapter, provided any such alternate or equivalent has been approved.
(b) The department or design approval agency shall approve any such
new concept, alternate or equivalent if it finds that the proposed design
is satisfactory and that the material, appliance, device, arrangement,
method, system of work offered complies with the intent of this sub-
chapter.
(c) Whenever there is definite evidence that any material, appliance,
device, arrangement, system or method of construction does not conform
to subdivision (b), or in order to substantiate claims for new concepts, al-
ternates, or equivalents, the department or design approval agency may
require tests or proof of compliance to be made at the expense of the man-
ufacturer or his agent. Such action and requirements shall be subject to
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Title 25
Factory-Built Housing and Mobile Homes
§4000
appeal an informal administrative appeal before the director or his or her
designee pursuant to Section 3056.
NOTE: Authority cited: Sections 1 7003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3072. Calculations and Test Procedures.
(a) The load-carrying capacity of elements or assemblies shall be es-
tablished by calculations in accordance with generally established prin-
ciples of engineering design. However, when the composition or config-
uration of elements, assemblies or details of staictural members are such
that calculations of their safe load-carrying capacity and basic stnictural
integrity cannot be accurately determined in accordance with generally
established principles of engineering design, structural properties of such
members or assemblies may be established by the results of tests accept-
able to the department or design approval agency.
(b) When any structural design or method of construction is substan-
tiated by calculations and supporting data, such calculations and support-
ing data shall be signed by a California licensed architect, or professional
engineer and shall be submitted to the department or design approval
agency as appropriate.
(c) When the design of factory-built housing is substantiated by calcu-
lations or tests, all structural plans shall be signed by the architect or engi-
neer in responsible charge of the total design.
(d) When any design or method of construction is substantiated by
tests, all such tests shall be performed by an approved testing agency ac-
ceptable to the department or design approval agency or shall be directed,
witnessed and evaluated by an independent California licensed architect
or professional engineer. All test procedures and results shall be re-
viewed, evaluated and signed by an independent California licensed ar-
chitect or professional engineer. The approved testing agency, architect
or professional engineer shall submit the evaluation of test results, calcu-
lations, and recommendations, accompanied by test reports from the lab-
oratory, to the department or design approval agency. The department or
design approval agency may require that its representative witness the
test.
(e) The manufacturer shall indicate how the units are transported from
the factory to the site and provide specific calculations and any other in-
formation necessary to substantiate the capability of the unit to resist
transportation and installation stresses.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19983 and 19990, Health and Safety Code.
History
1. Amendment filed 11-18-86; effective upon filing (Register 86, No. 47).
§ 3073. Equipment and Systems.
(a) All equipment and systems shall be subject to the approval of the
department or design approval agency and provisions of this subchapter.
The department or design approval agency may accept for approval such
equipment and systems which are listed or labeled by an approved testing
or listing agency. Equipment and systems not listed or labeled may be ac-
cepted for approval by the department or design approval agency when
it determines such equipment and systems are adequate for the protection
of health, safety, and the general welfare and are consistent with the pro-
visions of this subchapter.
(b) Equipment and systems may be disapproved when such equipment
and systems, even though listed or labeled by an approved testing or list-
ing agency, are not adequate for the protection of health, safety, and the
general welfare and are not consistent with the provisions of this sub-
chapter.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19983 and 19990, Health and Safety Code.
History
1. Amendment of Section 3073 and renumbering and amendment of former Sec-
tion 3074 to Section 3073(b) filed 1 1-1 8-86; effecfive upon filing (Register 86,
No. 47).
§ 3074. Department Disapproval of Listed or Labeled
Equipment and Systems.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Section 19990, Health and Safety Code.
History
1. Renumbering and amendment of Section 3074 to Section 3073(b) filed
1 1-18-86; effective upon filing (Register 86, No. 47).
Article 6. Installation
§ 3080. Enforcement of Installation.
As set forth in Section 19992 of the Health and Safety Code, local en-
forcement agencies shall enforce and inspect the installation of factory-
built housing.
NOTE: Authority cited: Sections 17003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19990 and 19992, Health and Safety Code.
§ 3081 . Installation Plans.
(a) A manufacturer of factory-built housing having plan approval
shall furnish a minimum of two complete sets of the approved factory-
built housing plans to the installer, who shall submit at least one set to the
local enforcement agency prior to installation. The approved plans will
contain a resume of the installation work to be done on-site, and will indi-
cate the location on the unit where the department insignia of approval
can be found.
(b) Plans approved by the department or a design approval agency
shall be accepted by the local enforcement agency as approved for the
purpose of obtaining an installation permit when the design criteria are
consistent with the requirements for the locality, as determined by the lo-
cal enforcement agency.
NOTE: Authority cited: Sections 17003.5 and 19990, Health and Safety Code. Ref-
erence: Sections 19980, 19981, 19983, 19990 and 19993, Health and Safety Code.
History
1. Amendment filed 1 1-18-86; effective upon filing (Register 86, No. 47).
§ 3082. Modifications During Installation.
Pursuant to Section 19981(c) of the Health and Safety Code, no facto-
ry-built housing shall be in any way modified during installation unless
approval for such modification is first obtained from the local enforce-
ment agency.
NOTE; Authority cited: Sections 1 7003.5 and 1 9990, Health and Safety Code. Ref-
erence: Sections 19981 and 19990, Health and Safety Code.
Subchapter 2. Manufactured Homes,
Mobilehomes, Multi-Unit Manufactured
Housing, Commercial Modulars, and Special
Purpose Commercial Modulars
Article 1. Administration
§ 4000. Authority for Chapter.
(a) This chapter is adopted pursuant to the provisions of Section 1 8020
of the Health and Safety Code in order to implement, interpret, and make
specific and otherwise carry out the provisions of Division 13, Part 2
(commencing with 18000) of the Health and Safety Code relating to the
manufacture, sale, offering for sale, rent or lease of mobile homes, com-
mercial coaches and recreational vehicles.
Applicable provisions of the Health and Safety Code relating to mo-
bile homes, recreational vehicles, and commercial coaches are repro-
duced in Appendix A of this subchapter for reference.
(b) Pursuant to the National Mobile Home Construction and Safety
Standards Act of 1974 (Public Law 93-383) the department is authorized
responsibility for administration and enforcement of Mobile Home Pro-
cedural and Enforcement Regulations and Construction and Safety Stan-
dards relating to any issue with respect to which a Federal standard (Title
VI (24 C.F.R.) requirement) has been established.
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§ 4002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
The provisions of the Mobile Home Construction and Safety Stan-
dards Act, Title VI of the Housing and Community Development Act of
1974 (Public Law 93-383) are reproduced in Appendix B of this sub-
chapter for reference.
(c) The Federal mobile home procedural and Enforcement Regula-
tions and Mobile Home Construction and Safety Standards (Title VI, 24
C.F.R.) are reproduced in Article 2, division 2 and 3 of this subchapter -
for reference.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18000 et seq., Health and Safety Code.
History
1, Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18). For prior history see Registers 71, No. 13; 76, No. 25; 76 No. 31 ; 77, No.
24.
2. Amendment of subchapter 2 heading filed 12-29-2005; operative 1-1-2006
pursuant to Government Code section 11 343.4 (Register 2005, No. 52).
§ 4002. Application and Scope.
(a) Pursuant to Sections 18000-18080.5 of the California Health and
Safety Code, the provisions of this chapter relating to plumbing, heat-
producing and electrical equipment and installations are applicable to all
mobile homes, travel coaches, recreational vehicles, travel trailers and
camp cars manufactured after September 1, 1958, all trailer coaches de-
signed or used for industrial professional, or commercial purposes man-
ufactured after May 25, 1967, which are sold, offered for sale, rent or
lease within the State of California. The provisions of his chapter relating
to constniction and fire safety apply to mobile homes and commercial
coaches manufactured after September 15, 1971, recreational vehicles
manufactured after January 1, 1974, which are sold, offered for sale, rent
or lease within the State of CaUfomia. The provisions of this chapter are
also applicable to the alteration or conversion of any construction or fire
safety equipment or installations in mobile homes or commercial
coaches manufactured after September 15, 1971, and the fire safety
equipment and installations in recreational vehicles manufactured after
January 1 , 1974, when such vehicle bears or is required to bear a depart-
ment insignia or HUD label. The provisions of this chapter are also appli-
cable to the alteration or conversion of any plumbing, heat-producing or
electrical equipment and installations in any such vehicle bearing, or re-
quired to bear, an insignia or HUD label.
(b) The regulations contained in Article 3.5 of this subchapter are
applicable to special purpose commercial coaches that are manufactured
after July 1, 1979.
NOTE: Authority cited: Section 18020; Health and Safety Code. Reference: Sec-
tions 18021, 18055, 18056.5, 18057, 18058, Health and Safety Code.
History
1 . Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36; 75, No. 30; 75, No. 48; 76, No.
25;76, No. 31 and 77, No. 24.
§ 4004. Definitions.
Definitions contained in the California Health and Safety Code, Divi-
sion 1 3, Part 2, Chapter 1 (commencing with Section 18000) and the fol-
lowing shall govern this subchapter.
(a) Alteration. The conversion, replacement, addition, reconstruction,
modification or removal of any equipment or installations which may af-
fect the construction, fire safety, occupancy, plumbing, heat-producing
or electrical system or the functioning thereof, of units subject to this sub-
chapter.
(b) Camping Trailer. A recreational vehicle which is mounted on
wheels and constructed with collapsible partial side walls which fold for
towing by another vehicle and unfold at the camp site.
(c) Ceiling Height. The clear vertical distance from the finished floor
to the finished ceiling.
(d) Certification or Certified. The approval by the department or a
Quality Assurance Agency, of a manufacturer to receive a supply of in-
signia and a reduced frequency of inspection, subsequent to the manufac-
turer demonstrating its quality control program which results in the pro-
duction of units in compliance with applicable provisions of this Chapter.
(e) Construction. The saine as "Manufacture."
(f) Design Approval Agency. A third-party entity approved by the de-
partment —
(1) to review and approve plans and quality control manuals relating
to the manufacture of mobilehomes, multifamily manufactured homes,
commercial coaches, special purpose commercial coaches and recre-
ational vehicles, and
(2) to review and approve plans for the design and installation of fire
sprinkler systems during the manufacture of either manufactured homes
or multifamily manufactured homes with two dwelling units.
(g) Dormitory. A room occupied or intended to be occupied by more
than two guests.
(h) Equipment. All materials, appliances, devices, fixtures, fittings or
accessories used in the construction, fire safety, plumbing, heat-produc-
ing and electrical systems of units subject to this subchapter.
(i) Exit. A continuous and unobstructed means of egress to the exterior
of the unit.
(j) Expandable Units. An enclosed room, semi-enclosed room, or
roofed porch which expands outward from the basic unit by means of
rollers, hinges, or other devices or arrangements, but is designed as a
structural portion of the unit and is carried within the unit while traveling
on the highway.
(k) Fire Safety. The conditions relating to the prevention of fire or for
the protection of life and property against fire.
(/) Fire Sprinkler System. An integrated system of piping, connected
to a water supply, with listed sprinklers that automatically initiate water
discharge over a fire area.
(m) Flame Spread. The propagation of flame over a surface.
(n) Floor Area. The area included within the surrounding exterior
walls of a unit or portion thereof, subject to these regulations.
(o) Guest Room. Any room or rooms used, or intended to be used by
a guest for sleeping purposes. Every 100 square feet of superficial floor
area in a dormitory shall be considered to be a guest room.
(p) Habitable Room. A room or enclosed floor space arranged for liv-
ing, eating, food preparation, or sleeping purposes (not including bath-
rooms, toilet compartments, laundries, pantries, foyers, hallways, and
other accessory floor spaces).
(q) HUD Label. A label issued to manufactured homes manufactured
on or after June 15, 1976, indicating compliance with Federal Standards
and Regulations of the U.S. Department of Housing and Urban Develop-
ment, pursuant to Public Law 93-383 and 24 C.F.R.
(r) Insignia. A tab or tag issued by the department to indicate com-
pliance, on the date of issue, with the requirements of this subchapter.
(s) Insignia Administrator. A person on the staff of a Quality Assur-
ance Agency designated as responsible for the procurement and adminis-
tration of insignia and the maintenance of insignia security.
(t) Insignia Security. A system designed for the safekeeping of insig-
nia which accounts for the disposition of each insignia, which ensures the
proper entry of information on the insignia in the case of a commercial
coach, and which maintains restricted access to the insignia as necessary
to eliminate the potential for loss, damage and misappropriation of the
insignia.
(u) Installations. All arrangements and methods of construction, fire
safety, plumbing, heat-producing and electrical systems used in units
subject to this chapter.
( v) Interior Finish. The surface material of walls, fixed or movable par-
titions, ceiUngs and other exposed interior surfaces affixed to the unit's
structure including any material such as paint or wallpaper and the sub-
strate to which they are applied. Interior finish does not include windows
and doors or their frames, skylight, trim, moldings, decorations or fur-
nishings which are not affixed to the unit's structure.
(w) Labeled. Materials, products, or equipment bearing the inspection
label of an approved listing agency.
(x) Length. The distance measured from the exterior of the front wall
to the exterior of the rear wall of aunit where such walls enclose the living
Page 96
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Title 25
Factory-Built Housing and Mobile Homes
§4004
or other interior space, including expandable rooms, but not bay win-
dows, porches, drawbars, couplings, hitches, wall and roof extensions,
or other attachments.
(y) Listed. Equipment, materials, products, or installations included in
a list published by an approved listing agency. The listing agency con-
ducts periodic inspections of the production of the listed equipment, ma-
terials, or products, and conducts periodic evaluations of the listed instal-
lations. The list means:
(1) that the listed equipment, material, product, or installation com-
plies with the corresponding appropriate nationally recognized standard
and is suitable for the specified purpose, or
(2) that the listed equipment, material, product, or installation has been
tested, and found suitable for use in a specified manner.
(z) Listing Agency. An independent agency approved by the depart-
ment, that is in the business of Hsting and labeling equipment, materials,
products, or installations and that maintains a periodic inspection pro-
gram on current production of listed equipment, materials, or products
or periodic evaluations of listed installations. A listing agency makes
available at least annually a published report of listings that includes spe-
cific information about the nationally recognized standard with which
each item complies and the manner in which the item is safe for use, or
information about a listed equipment, material, product, or installation
that has been tested and found suitable for use in a specified manner.
(aa) Loads.
(1) Dead Load is the vertical load due to the weight of all permanent
structural and nonstructural components of a unit such as walls, floors,
and fixed service equipment.
(2) Live Load. The load superimposed by the use and occupancy of the
unit not including the wind load, earthquake or dead load.
(3) Wind Load. The lateral or vertical pressure or uplift on the unit due
to wind blowing in any direction.
(bb) Manufacture. The manufacture, fabrication, erection or building
up of elements of a unit subject to this subchapter including, but not lim-
ited to, structural, fire and life safety, mechanical, plumbing and electri-
cal materials and installations.
(cc) Manufactured Home. A structure as defined by section 18007 of
the Health and Safety Code.
(dd) Mobile Food Preparation Unit. A special purpose commercial
coach upon which food is cooked, wrapped, packaged, processed, or por-
tioned for service, sale or distribution.
(ee) Mobilehome. A structure as defined by section 18008 of the
Health and Safety Code.
(ff) Model. A manufactured home, mobilehome, commercial coach,
special purpose commercial coach, recreational vehicle or multifamily
manufactured home of a specific design designated by the manufacturer
based on width, type of construction, or room configuration.
(gg) Motor Home. A recreational vehicle built on or permanently at-
tached to a self-propelled motor vehicle chassis, chassis cab or van,
which becomes an integral part of the completed vehicle, designed for
human habitafion for recreational, or emergency occupancy.
(hh) Muldfamily Manufactured Home. A structure as defined by sec-
tion 1 8008.7 of the Health and Safety Code. "Multi-unit manufactured
housing" has the same meaning as "multifamily manufactured home", as
that term is defined by section 18008.7 of the Health and Safety Code.
(ii) Occupancy. The designate purpose for which a unit or part thereof,
is used or intended to be used.
(jj) Plan. A drawing or set of drawings pertaining to one design for a
unit distinguished by size, room configuration or type of construction, or
pertaining to one typical system to be used in production models.
(kk) Plan Approval. Relates to plans approved by the department or a
Design Approval Agency as meeting the requirements of law and this
subchapter —
(1) for the manufacture of mobilehomes, multifamily manufactured
homes, commercial coaches, special purpose commercial coaches or rec-
reational vehicles, and
(2) for the design and installation of fire sprinkler systems in manufac-
tured homes and in multifamily manufactured homes with two dwelling
units.
(//) "Professional Engineer." A person engaged in professional prac-
tice as defined in Business and Professions Code Section 6701.
(mm) Prohibited Sales Notice. A printed notification issued by the de-
partment that the unit may not be offered for sale because of violations
of the provisions of law or this subchapter.
(nn) Quality Assurance Agency. A third-party entity approved by the
department to conduct inspections and monitor in-plant quality assur-
ance programs to determine compliance with approved plans, quality
control manuals and/or this subchapter —
(1) during the manufacture of mobilehomes, multifamily manufac-
tured homes, commercial coaches, special purpose commercial coaches
and recreational vehicles subject to this subchapter, and
(2) during the installation of a fire sprinkler system in a manufactured
home or in multifamily manufactured home with two dwelling units.
(00) Quality Assurance and Quality Control. When used in Health and
Safety Code Sections 18013.2 and 18020 and this subchapter, shall mean
the same.
(pp) Quality Assurance Inspector. A person approved by the depart-
ment and employed by an approved Quality Assurance Agency to con-
duct inspections and monitor quality assurance programs pursuant to this
subchapter.
(qq) Quality Control Manual. A manual developed by a manufacturer
and approved by the department or a Design Approval Agency, which
describes in detail a program of procedures, tests, and inspections to be
performed by the manufacturer during the manufacturing process to as-
sure that all materials, systems, equipment and assemblies of a mobile-
home, multifamily manufactured home, commercial coach, special pur-
pose commercial coach or recreational vehicle, comply with approved
plans, the Health and Safety Code, Division 13, Part 2, and this subchapt-
er.
(rr) Serial Number. An identification number assigned by the man-
ufacturer for the purpose of distinguishing each individual unit.
(ss) Smoke Detector. An approved device which senses visible or in-
visible particles of combustion.
(tt) Supplier. A person or firm which manufactures or sells equipment,
materials and goods used in the manufacture of mobilehomes, multifami-
ly manufactured homes, commercial coaches, special purpose commer-
cial coaches, and recreational vehicles.
(uu) Technical Service. Interpretation and clarification by the depart-
ment of technical data relating to the application of this subchapter.
(vv) Testing Agency. An organization that:
(1) is in the business of testing materials, products, equipment or in-
stallations;
(2) is qualified and equipped for such experimental testing;
(3) is not under the jurisdiction or control of any manufacturer or
supplier for any affected industry; and
(4) is approved by the department pursuant to Section 4006.
(ww) Travel Trailer. A recreational vehicle mounted on wheels, of
such a size or weight as not to require special highway movement permits
when drawn by a motor vehicle.
(xx) Typical Systems. A design for either a structural, fire-life safety,
electrical, mechanical or plumbing system which is designed for use in
more than one model.
(yy) Uniform Building Code (UBC). A building code published by the
International Conference of Building Officials.
(zz) Unit. A manufactured home, mobilehome, multifamily manufac-
tured home, commercial coach, special purpose commercial coach or
recreational vehicle.
(aaa) Vehicle Identification Number (VIN). A serial number.
(bbb) Wall-Bearing. A wall which supports any superimposed load in
excess of 100 pounds per lineal foot.
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§4005
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(ccc) Wall-Exterior. A wall or element of a wall which defines the ex-
terior boundaries of a unit.
(ddd) Wall-Nonbearing. A wall which supports no load other than its
own weight.
NOTE: Aulhority cited: Sections 18015, 18015.5, 18020, 18025. 18028, 18029
and 18029.5, Health and Safety Code. Reference: Sections 18007. 18008,
18008.7, 18010, 18015, 18015.5. 18020, 18025, 18025.5, 18026. 18028, 18029,
18029.3, 18029.5, 18030 and 18031.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Reeister 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
5. Amendment filed 2-1 1-82 as an emergency; effective upon filing (Register 82,
No. 8). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 6-1 1-82.
6. Certificate of Compliance as to 2-1 1-82 order filed 6-8-82 (Register 82, No.
24).
7. Amendment of Section 4004 and renumbering and amendment consolidating
former Sections 4352 and 4526 with Section 4004 filed 1 0-6-88 as an emergen-
cy; operative 10-6-88 (Register 88, No. 42). A Certificate of Compliance must
be transmitted to OAL within 1 20 days or emergency laneuaae will be repealed
on 2-3-89.
8. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10--<5-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code SecUon 1 1349.6 (Register 89, No. 11).
9. Amendment of Section 4004, and renumbering and amendment consolidating
former Sections 4352 and 4526 with Section 4004 filed 3-3-89 as an emergen-
cy; operative 3-3-89 (Register 89, No. 1 1). A Certificate of Compliance must
be transmitted to OAL within 120 days, by 7-3-89, or emergency language will
be repealed.
10. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
11. Amendment of section and Note filed 1-1 7-2001; operative 1-17-2001 pur-
suant to Government Code section 1 1343.4(c) (Register 2001, No. 3).
12. Change without regulatory effect amending subsections (0(l)-(2), adding
subsections (cc), (ee) and (hh), relettering subsections, amending newly desig-
nated subsections (fl), (kk)(l )-(2), (nn)(l)-(2), (qq), (tt) and (zz) and amending
Note filed 7-14-2008 pursuant to section 100, tide 1, California Code of Regu-
lations (Register 2008, No. 29).
§ 4005. Enforcement.
The department shall administer and enforce all the provisions of this
chapter and the Federal Mobile Home Construction and Safety Stan-
dards, Title VI (24 C.F.R.). Any officer, agent or employee of the depart-
ment is authorized to enter any premises where vehicles are manufac-
tured, sold, offered for sale, rent or lease. He may examine any records
and may inspect any vehicles, equipment or installations to ensure com-
pliance with the provisions of this chapter and the Federal Mobile Home
Construction and Safety Standards, Title VI (24 C.F.R.). When it be-
comes necessary to determine compliance he may require that a portion
or portions of such vehicles be removed or exposed in order that an in-
spection or required tests be made to determine compliance.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Reeister 73, No.
36).
2. Amendment filed 6-15-76 as an emergency; effective upon filing (Register 76,
No. 25).
3. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
§ 4006. Equipment and installations.
(a) All equipment and installations in the construction, fire safety,
plumbing, heat-producing and electrical systems of vehicles shall be
subject to the approval of the department and the provisions of this chap-
ter. The department may accept for approval such equipment and instal-
lations which are listed and labeled by an approved testing or listing
agency. Equipment and installations not listed and labeled may be ac-
cepted for approval by the department when it determines such equip-
ment and installations are adequate for the protection of health, safety
and the general welfare.
(b) Existing equipment and installations may be accepted for approval
by the department provided such equipment and installations do not pres-
ent a hazard to the health and safety of the occupants of a vehicle and the
public.
(c) The following information and criteria will be required by the de-
partment in considering acceptance of approved listing and testing agen-
cies.
(1) Names of agents or officers and location of offices.
(2) Specification and description of services proposed to be furnished
under these Rules and Regulations.
(3) Description of qualifications of personnel and their responsibili-
fies.
(4) Summary of organizational experience.
(5) General description of procedures and facilities to be used in pro-
posed services, including evaluation of the product, factory follow-up,
quality assurance, labeling of production units, and specific informafion
to be furnished with the lisfing.
(6) How defective units resulting from oversight are to be dealt with.
(7) Proof of independence and absence of conflict of interest.
(8) A published directory including product manufacturer and product
information.
(d) The following information and criteria will be required by the de-
partment in considering acceptance of independent engineers qualifying
under Section 4019.
(1) Names of agents or officers and location of offices.
(2) Specificafion and description of services proposed to be furnished
under these Rules and Regulations.
(3) Descripdon of qualifications of personnel and their responsibili-
ties.
(4) Summary of organizational experience.
(5) How defective units resulting from oversight are to be dealt with.
(6) Proof of independence and absence of conflict of interest.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
§ 4007. Department Disapproval of Listed or Labeled
Equipment and Installations.
Equipment and installations may be disapproved by the department
when it determines that such equipment and installadons, even though
listed and labeled by an approved testing and listing agency, are not ade-
quate for the protection of health, safety and the general welfare.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18001, 18020, 18022, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4008. Approval of Alternates and Equivalents.
Any construction, equipment or installations may be submitted to the
department for approval as an alternate or equivalent pursuant to Section
1 8016 of the California Health and Safety Code.
Requests for approval of alternates and equivalents shall be submitted
to the department on Form HCD 415, dated August, 1983 suppUed by the
department together with an alternate approval fee and the plan check fee
for a minimum of one (1) hour as specified in Section 4044 of this chapter
and three sets of substantiating plans and information. If the plan check-
ing exceeds one (1) hour the balance due shall be paid prior to the is-
suance of the department approval.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 18016, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 41).
Page 98
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Title 25
Factory-Built Housing and Mobile Homes
§4011
§ 4009. Manufacturer's Approval.
(a) Every manufacturer of vehicles subject to requirements of tliis
chapter shall obtain approval and insignia for each vehicle by requesting
an inspection pursuant to Sections 4010 and 401 1 or by the plan approval
method pursuant to Sections 4015-4026. Where insignia are obtained
pursuant to the plan approval method, those vehicles for which plan ap-
proval insignia have been issued shall be manufactured in accordance
with approved plans.
(b) Every manufacturer of mobile homes subject to the requirements
of Title VI (24 C.F.R.) shall obtain approval and labels for each mobile
home manufactured on or after June 15, 1976, pursuant to Sections
4010.5 and 4015.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73. No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 6-15-76 as an emersency; effective upon filing (Register 76,
No. 25).
4. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
§4010. Required Inspection.
Any person selling, offering for sale, renting, leasing, altering or con-
verting any mobile home, trailer coach, recreational vehicle travel trailer
or camp car, manufactured after September 1, 1958, any trailer coach or
commercial coach designed or used for industrial, commercial or profes-
sional purposes, manufactured after May 25, 1967, shall request an in-
spection by the department under any of the following conditions:
(a) If the vehicle does not bear a department insignia or HUD label.
(b) When the vehicle bearing or required to bear a department insignia
or HUD label is to be altered or converted.
(c) Where a notice requiring corrections has been given and a reinspec-
tion is necessary to determine compliance.
NOTE: Authority cited: Secfion 18020, Health and Safety Code. Reference: Sec-
tions 18020, 18055.5, 18056, 18056.1, 18057, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4010.5. Monitoring Inspection Fees.
(a) When the department conducts inspections of the production of
manufactured homes, mobile homes, commercial coaches, or special
purpose commercial coaches subject to this subchapter, the manufacturer
shall submit in-plant monitoring fees to the department pursuant to Sec-
tion 4044. In-plant monitoring fees aie payable to the department, at the
option of the manufacturer and/or department, in the following manner:
(1) Monthly, after billing by the department for in-plant monitoring
hours during the billing period, or,
(2) Advance deposit with the department by manufacturers for in-
plant monitoring hours during a monthly period.
(b) The department may for cause:
(1 ) Require that payments be made in the form of cashiers check drawn
upon a recognized bank.
(2) Discontinue in-plant monitoring for failure to pay in-plant moni-
toring fees or for failure to pay such fees with good and sufficient funds.
(3) Discontinue the issuance of labels or insignia for failure to pay in-
plant monitoring fees or for failure to pay such fees with good and suffi-
cient funds.
(4) Reappropriate labels or insignia previously issued for failure to pay
in-plant monitoring fees or for failure to pay such fees with good and suf-
ficient funds.
(c) Where manufacturers are subject to monthly billing for in-plant
monitoring fees a statement shall be mailed to the manufacturer on either
the 1st, 10th, or 20th day of the month. The statement shall set forth the
amount due the department for in-plant monitoring services during the
billing period. The amount set forth in the statement shall be due and pay-
able upon receipt and shall be past due if not received by the department
on the 1 0th day after the statement date.
(d) The department, upon written notice from the manufacturer indi-
cating that in-plant monitoring will no longer be necessary and explain-
ing the reasons therefore, shall within 60 days from receipt of such notice
refund any credits due the manufacturer from advance deposits made in
accordance with subsection (a) (2) of this section.
(e) The department shall charge manufacturers Technical Service Fees
in accordance with Section 4044 for the actual time spent in processing
checks or drafts which can not readily be converted to good and sufficient
liinds.
(f) When the enforcement of this chapter has been delegated to third-
party entities, monitoring fees shall not be charged a manufacturer for de-
partment inspections conducted to evaluate the performance of a third-
party entity.
NOTE; Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tions 18020 and 18031, Health and Safety Code.
History
1 . New secfion filed 6-1 5-76 as an emergency; effective upon filing (Register 76,
No. 25).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of NOTE filed 6-9-77; designated effecfive 9-1-77 (Register 77,
No. 24).
4. Amendment filed 5-4-79; effecfive thirtieth day thereafter (Register 79, No.
18).
5. Amendment of subsecfion (a) and new subsecfion (f) filed 10-12-89; operafive
10-12-89 (Register 89, No. 41).
§ 401 1 . Inspection Approval.
(a) Any person manufacturing, owning, selling, offering for sale, rent-
ing, leasing, altering or converting any vehicle may request the depart-
ment to make an inspection of such vehicle for approval pursuant to this
chapter.
(b) Request for inspection shall be made in writing to the department
at least five working days prior to the desired date of inspection and shall
indicate the date upon which the inspection is to be made, the location,
make, model, serial number of the vehicle, and the serial number of the
department insignia or HUD label affixed to the vehicle, if any, and be
accompanied by the minimum inspection fees pursuant to Section 4044
of this subchapter. All additional inspection fees are payable upon com-
pletion of each inspection. Written requests shall be submitted to the ap-
propriate department office.
Where the vehicle is not available or ready for inspection at the loca-
fion indicated on the request, a one hour inspection fee shall be charged.
(c) The department may require plans, specificadons, calculations or
test results pursuant to Sections 4015, 4016, 4017 and 4019 of this chap-
ter.
(d) Where it is necessary to determine compliance with the regulations
the department may require inspections prior and subsequent to comple-
tion of construction.
(e) Where a manufacturer requests an inspection of a mobile home or
commercial coach under construction he shall have an approved structur-
al plan on file with the department for the structural system, pursuant to
Section 4015.
(f) Where a person proposes to sell, offer for sale, rent or lease a mobile
home manufactured after September 1 5, 1 97 1 , and before June 15,1 976,
or commercial coach manufactured after September 15, 1971, for which
an insignia of approval has not been issued, it will be necessary for such
person to supply the division with written certification by a California li-
censed architect or professional engineer stating that the vehicle has been
inspected and the structural system of the vehicle is constructed in accor-
dance with the regulations. The division will make an inspecuon of the
fire safety, exits, ceiling heights, room and hallway sizes, light and venti-
lation, safety glass, electrical, mechanical and plumbing equipment and
installations in order to determine compliance with the regulations.
The applicant shall also furnish written certificafion to the division that
the vehicle or structure is designed to comply with Secfion 4049.3
(a)(21),(22),(23) and (24) or Section 4369.5 of this subchapter.
Page 98.1
Register 2008, No. 29; 7-18-2008
§4011 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
(g) Pursuant to Sections 4021 and 402 1 .5 out-of-state manufacturers necessary for the manufacturer to request a reinspection to be made at the
shall request an inspection to be made at the manufacturer's plant while manufacturer's plant.
the vehicle(s) is under construction and at a stage where it is possible to Requests for out-of-state inspections shall be submitted, in writing,
inspect structural components such as roof trusses, wall and floor assem- together with the out-of-state inspection fees pursuant to Section 4044,
blies and rough-in for electrical, mechanical and plumbing systems. to the Sacramento, California office at least 10 working days prior to the
If it is no possible, after inspection, to approve the vehicle(s) it will be
[The next page is 99.]
Page 98.2 Register 2008, No. 29; 7-18-2008
Title 25
Factory-Built Housing and Mobile Homes
§4015
desired date of inspection and shall indicate the date upon which the in-
spection is to be made, the location, type of vehicle, model and serial
number.
(h) California insignia of approval will not be issued until the Depart-
ment can effectively determine, that the manufacairer's assembly, quali-
ty-control procedures and vehicles produced for sale in California com-
ply with the California regulations. The department shall make
inspections of vehicles under construction at the manufacturer's facili-
ties to determine compliance.
(i) Where any person has made an application for an inspection and
paid the required fees, such person shall request the inspection within 90
days after making such application or the application shall be voided and
fees forfeited.
NOTE; Authority cited: Sections 1 7003.5 and 1 8015, Health and Safety Code. Ref-
erence: Sections 18025, 18028, 18029.5 and 18031.5, Health and Safety Code.
History
1. Amendment filed 9-7-73: effective thirtieth day thereafter (Reeister 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment o subsections (b), (f) and (g) filed 4-4-79; effective thirtieth day
thereafter (Register 79, No. 18).
4. Amendment of subsection (f) filed 7-28-82 as an emergency; effective upon
filing (Register 82, No. 31). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 1 1-25-82.
5. Certificate of Compliance including editorial correcfion of NOTE filed
1 1-19-82 (Register 82, No. 47).
§ 401 1 .5. Prototypes, General.
NOTE: Authority cited; Secfion 18020, Health and Safety Code. Reference: Sec-
tions 18020, 18055 and 18056.5, Health and Safety Code.
History
1. New secfion filed 9-7-73; effecfive thirtieth day thereafter (Register 73, No.
36).
2. Repealer filed 5-4-79; effecfive thirtieth day thereafter (Register 79, No. 18).
§ 4012. Action After Requested Inspection.
After a requested or required inspection pursuant to Sections 4010 and
401 1 of this subchapter, if the vehicle inspected meets the requirements
of this subchapter and the applicant submits insignia fees pursuant to Sec-
tion 4044, an insignia shall be issued for such vehicle.
NOTE: Authority cited: Section 18020, Health & Safety Code. Reference: Sec-
fions 18020, 18055.5, 18056, 18056.1, Health & Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
Amendment filed 5-
18).
-79; effective thirtieth day thereafter (Register 79, No.
§ 401 3. Notice of Violations.
When an inspection reveals that a vehicle bearing, or required to bear,
a department insignia, is in violation of any provisions of this subchapter,
the department shall serve upon the owner, person responsible for viola-
tion, or their agents, a Notice of Violations setting forth in what respect
the provisions of this chapter have been violated. The department may
also post the vehicle with a Prohibited Sales Notice. Violafions shall be
corrected within 20 days or such other period of time as may be allowed
by the department, and an inspection shall be requested by the person
served with the Notice of Violations. Should the violations not be cor-
rected within the allotted time, the department shall institute legal and/or
administrative actions as necessary to secure compliance and may reap-
propriate the department's insignia.
Any person served with a Notice of Violations shall, within 20 days
of receipt, notify the department in writing of the action taken to correct
the violations, and may file a request for a hearing pursuant to Section
4045 of this subchapter. No person served with a Notice of Violations
shall move or cause to be moved said vehicle until the department has
been furnished written notification of its destination and disposition. No
person shall remove or cause to be removed a Prohibited Sales Notice un-
til so authorized by the department.
Note: Authority cited: Secfion 18020, Health & Safety Code. Reference: Sec-
tions 18055.5, 18056.1, 18080, Health and Safety Code.
History
i. Amendment filed 9-7-73; effecfive thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4013.5. Complaint Investigation.
Any owner of a vehicle bearing, or required to bear, a department in-
signia or HUD label inay file a written complaint with the department set-
ting forth the items which the owner believes do not comply with the pro-
visions of this subchapter.
(a) Upon receipt of a complaint indicating the possible existence of a
violadon of this subchapter, the department shall forward a copy of the
complaint or other information to the manufacturer, seller, or person re-
sponsible for violations, or their agents.
(b) Any person served with a complaint or other information shall, as
soon as possible, but not later than 20 days after receipt of the complaint
or other information, make an investigation, any necessary inspections
and determine if there are violations of this subchapter for which the per-
son served is responsible.
Where the person served with a complaint or other information deter-
mines responsibility for correcting the violations, such person shall
norify the department in wridng of the action proposed to correct the vio-
lations. Violations shall be corrected within 20 days or such other time
specified by the department.
Upon request the department may grant an extension of time for cor-
rection of violations.
(c) Where the person served with a complaint or other information
fails to take action within the specified time the department may make an
inspection of the unit(s) and may institute legal and/or administrative ac-
tion as necessary to secure compliance with this subchapter.
(d) Where a reinspection is required to determine compliance with any
order requiring corrective action, the person responsible for taking the
corrective action shall request inspection(s) pursuant to Section 401 0 and
submit fees for such inspection(s) pursuant to Section 4044.
(e) Where the department determines that an imminent safety hazard
or serious defect may exist the department shall notify the manufacturer,
seller or person responsible for the violation(s) and may require that im-
mediate action be taken by the responsible person to correct such viola-
tions. The department may make necessary inspections to determine if
violations exist and to secure compUance.
NoTE: Authority cited: Secfion 18020, Health and Safety Code. Reference; Sec-
fions 18055, 18055.5, 18056.1 and 18060, Health and Safety Code.
History
1. Amendment filed 5-4-79; effecfive thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 74, No. 9; 74, No. 21; 74, No. 49; 75, No.
3; 75, No. 30 and 77, No. 24.
§ 4014. Technical Service.
Any person may request technical service. Requests for such service
shall be submitted to the department in writing and accompanied by the
technical service fee specified in Section 4044. Requests for out-of-state
technical service shall also include the requested out-of-state technical
service fees specified in Section 4044. Fees shall be submitted by a ca-
shier's check, money order, personal or company check, payable to the
Department of Housing and Community Development.
History
1. Amendment filed 9-7-73; effecfive thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
3. Amendment filed 5-4-79; effecfive thirtieth day thereafter (Register 79, No.
18).
§ 4015. Plan or Design Approval.
(a) Design Approval Required. Manufacturers of mobile homes sub-
ject to Title VI (24 C.F.R.) requirements shall obtain approval of their de-
signs pursuant to:
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
1. Design (plan) approval by the department pursuant to Sections
4015-4026, as applicable, and the applicable requirements of Title VI
(24 C.F.R.). (See Article 2 for Title VI (24 C.F.R.) requirements) or
2. Design approval by a Design Approval Primary Inspection Agency
(DAPIA) approved by the United States Department of Housing and Ur-
ban Development (HUD) as meeting Title VI (24 C.F.R.) requirements.
(b) Application for Stmctural System Approval. All manufacturers of
mobile homes using the department for DAPIA services and commercial
coaches subject to stmctural regulations which are to be sold, offered for
sale, rented, or leased in California shall make application to the Southern
California Office of the department for a typical stmctural design ap-
proval prior to constmction, which may be referenced on subsequent
plans submitted pursuant to Section 4017.
(1) General Requirements.
(A) Dimensioned drawings and specifications wliich clearly indicate
the nature and extent of the work proposed.
(B) Two copies of all documents submitted for approval shall be on
substantial paper or cloth, not less than 8 1/2 x 1 1 inches or multiples
thereof but not exceeding 25 1/2 x 36 inches.
(C) An application on forms supplied by the department.
(D) Plan filing fees as required by Section 4044 for each system or
plan.
(E) Plan checking fees as required by Section 4044. A minimum plan
checking fee shall accompany all plans and specifications.
(2) Specific Requirements.
(A) All necessary cross sections.
(B) Floor, wall, ceiling and roof constmction details.
(C) Typical connections.
(D) Design live and wind loads.
(E) Grade or quality of materials including fire protection.
(F) List of all applicable approvals.
(G) Substantiating calculations or test results, where required.
(H) Plans and calculations signed by a California licensed architect or
professional engineer as required by Section 4019.
Note: The letter "S" shall be used on plans to designate typical structural systems.
(c) When it becomes necessary to resubmit plans to the department for
checking an hourly resubmission fee rate shall be charged pursuant to
Section 4044(a)(3). A minimum resubmission fee shall accompany all
plans and specifications.
(d) mobile home manufacturers shall either include stmctural, electri-
cal, mechanical, or plumbing requirements in their basic design or make
application for systems approval pursuant to this section and Section
4016.
NOTE: Authority cited: Section 18020, Health & Safety Code. Reference: Section
18056.5, 18060, Health & Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
1 8). For prior history, see Registers 73, No. 36; 75, No. 30; 76, No. 25; 76, No.
31 and 77, No. 24.
§4015.5. Prototypes General.
Regardless of the provisions of these regulations, a manufacturer may
build, prior to obtaining an approved stmctural plan, one (1) prototype
of each model he proposes to manufacture provided:
(a) The manufacturer informs the department in writing that he pro-
poses to build a prototype, submitting the proposed unit serial number
and a complete description of his proposal.
(b) If acceptable to the department, he will receive written approval to
build said prototype.
(c) Requests for inspection shall be made to the department pursuant
to Sections 4010 and 40 11 .
(d) Appropriate fees shall accompany requests for inspection pursuant
to Section 4044.
(e) Prior to the issuing or affixing of a department insignia or HUD la-
bel to a completed prototype, the manufacturer shall have plan and/or de-
sign approvals for the as built stmctural system, including an approved
floor plan, available at the facility for review. The departments inspec-
tion report authorizing the issuance or affixing of a department insignia
or HUD label to a completed prototype shall indicate that approved stmc-
tural and floor plans have been obtained, compared to the as built proto-
type, and are on file at the facility.
NOTE: Authority cited: Section 1 8020, Health & Safety Code. Reference: Section
18056.5, 18060, Health & Safety Code.
History
1. New section filed 5-4-79; effective thivtieth day after filing (Register 79, No.
18).
§ 4016. Application for Electrical, Mechanical and
Plumbing System Approval.
A manufacturer of vehicles may make application to the Southern Cal-
ifornia office of the department for approval of typical equipment and in-
stallations prior to constmction, which may be referenced on subsequent
plans submitted pursuant to Section 4017.
(a) General Requirements.
(1) Dimensioned drawings and specifications which clearly indicate
the nature and extent of the work proposed.
(2) Two copies of all documents submitted for approval shall be on
substantial paper or cloth, not less than 8 1/2 x 11 inches or multiples
thereof but not exceeding 25 1/2 x 36 inches.
(3) An application on forms supplied by the department.
(4) Plan filing fees as required by Section 4044 for each system or plan.
(5) Plan checking fees as required by Section 4044. A minimum plan
checking fee shall accompany all plans and specifications.
Note: The following letters shall be used on plans to designate typical systems:
Electrical — "E"; Mechanical — "M"; and Plumbing — "P".
(b) When it becomes necessary to resubmit plans to the department for
checking a plan resubmission fee rate shall be charged pursuant to Sec-
tion 4044. A minimum resubmission fee shall accompany all plans and
specifications.
(c) Electrical. Complete electrical specifications:
(1) Type and size of feeder assembly.
(2) Voltage and amperage of branch circuit panelboard.
(3) Branch circuit identification, amperage of overcurrent protection
device, wire size and type.
(4) Voltage and amperage of fixed appliances.
(5) Calculations.
(6) When designated for low voltage systems, a complete schematic
of the electrical system, including wire sizes, overcurrent protection, and
equipment ratings shall be made.
(7) Type and rating of generators and switching equipment.
(d) Mechanical. Plan may be to scale or schematic, and must show:
(1) Description of all materials, appliances, fittings, pipe tubing, vents
and ducts.
(2) Btuh input rating of all fuel-burning appliances.
(3) Size of openings for combustion air except where an integral part
of an approved appliance.
(4) Type(s) of fuel.
(5) Diameter and type of pipe and tubing, including method of calcu-
lating the system.
(6) Size and location of liquid fuel tanks and LPG cylinders.
(7) Size, location and constmction of fuel storage compartments.
(8) Vertical clearances between range burners and combustible mate-
rials and methods of protection where required.
(9) Size, length, type and location of vents and vent connectors.
(10) Type, size and material of air ducts.
(11) Minimum free area and location of circulating air supply inlet.
(12) Minimum size and location of all conditioned and return air open-
ings.
(13) Certification that heating facilities for mobile homes comply with
Title VI (24 C.F.R.) requirements.
(e) Plumbing. Plan may be to scale or schematic, and must show:
(1) Description of all materials, fixtures, fittings, pipe, tubing, shower
stalls and walls.
Page 100
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Factory-Built Housing and Mobile Homes
§4020
•
(2) Diameter and type of pipe and tubing, length of three-eighths inch
O.D. tubing, and all trap arms.
(3) Size and type of fittings.
(4) Grade of drainage piping.
(5) Method of securing all piping.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36, 75, No. 30, 76, No. 25 and 76.
No. 31.
§ 4017. Application for Model Plan Approval.
Any manufacturer of vehicles may make application to the department
for plan approval of a model or model group prior to construction. The
application shall be made to the Southern California office of the depart-
ment and shall include:
(a) An application on forms supplied by the department.
(b) Plan filing fees, as required by Section 4044, for each model plan.
(c) Plan checking fees as required by Section 4044. A minimum plan
checking fee shall accompany all plans and specifications.
(d) Quality control manual as outlined in Sections 4018 and 4025 un-
less previously filed with and approved by the department.
(e) When required, substantiafing calculations or test results, indicat-
ing details of construction, plumbing, mechanical and electrical equip-
ment and installations for each model or model group or approved system
designations pursuant to Sections 4015 and 4016.
(f) Mobile homes and Commercial Coaches. General Requirements.
Two copies of complete plans and specifications shall be on substantial
paper or cloth not less than 81/2x11 inches or multiples thereof, but not
exceeding 25 1/2 x 36 inches.
(g) Specific Requirements.
(1) A dimensioned floor plan(s).
(2) Proposed use of rooms and method of venfilation.
(3) Size, type and locadon of windows and exterior doors.
(4) Location of all appliances and fixtures.
(5) Location of plumbing drain, water, gas and electrical connections.
(6) Location of all electrical outlets (receptacle and lights).
(7) Number of outlets and appliances on each circuit and circuit rating.
(8) Occupancy classification for commercial coaches pursuant to the
Uniform Building Code, 1 976 edition or designation of occupancy group
SPCC (Special purpose commercial coach) for vehicles subject to Article
3.5 of this subchapter.
(9) Type and location of fire warning equipment.
(h) Recreational Vehicles. General Requirements. Two copies of com-
plete plans and specifications shall be on substantial paper or cloth not
less than 8 1/2x11 inches or multiples thereof, but not exceeding 25 1/2
X 36 inches.
(i) Specific Requirements. Two copies of complete plans and specifi-
cations for recreational vehicles.
(1) A dimensioned floor plan(s).
(2) Location of all appliances and fixtures.
(3) Location of plumbing drain, water, gas and electrical connections.
(4) Location of all electrical ouUets (receptacle and lights).
(5) Number of outiets and appliances on each circuit and circuit rating.
(6) Flamespread classification of interior finish materials.
(7) Type and location of exits.
(j) When it becomes necessary to resubmit plans to the department for
checking a plan resubmission fee shall be charged pursuant to Section
4044. A minimum resubmission fee shall accompany all plans and speci-
fications.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 5-4-19; effective thirtieth day thereafter (Reeister 79, No.
18).
§ 4018. Application for In-Plant Quality Control Manual
Approval.
A manufacturer of vehicles shall make application to the Southern
California office of the department for an in-plant quality control manual
approval. The submittal shall contain at least the following:
(a) An outiine of the procedure which will direct the manufacturer to
construct vehicles in accordance with the approved plans, as per Section
4025.
(b) Two copies of all documents submitted for approval shall be on
substantial paper or cloth, 8 1/2 x 1 1 inches.
(c) An application on forms supplied by the department.
(d) Quality control manual filing and plan checking fee as required by
Section 4044.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment of subsection (d) filed 5-4-79; effective thirtieth day thereafter
(Register 79, No. 18).
§ 4019. Calculations and Test Procedures.
(a) The load bearing capacity of elements or assemblies may be estab-
lished either by specifications or calculations in accordance with general-
ly established principles of engineering design, or by tests acceptable to
the department. When the composition or configuration of elements, as-
semblies or details of structural members are such that calculations of
their safe load-carrying capacity and basic structural integrity cannot be
accurately determined in accordance with generally established princi-
ples of engineering design, structural properties of such members or as-
semblies may be estabHshed by the results of tests acceptable to the de-
partment.
(b) When any structural design or method of construction is substan-
tiated by calculations and supporting data such calculations and support-
ing data shall be signed by a California licensed architect, or professional
engineer and shall be submitted to the department.
(c) When any structural design or method of construction is substan-
tiated by tests, all such tests shall be performed by an approved testing
agency acceptable to the department or shall be directed, witnessed and
evaluated by an independent California licensed architect or professional
engineer. All test procedures and results shall be reviewed and evaluated
by a California licensed architect or professional engineer. The approved
testing agency, architect or professional engineer shall submit the evalu-
ation of test results, calculations and recommendations, accompanied by
test reports from the laboratory, to the Southern California office of the
Division of Codes and Standards. The department may require that a rep-
resentative of the division witness the test.
(d) Notwithstanding the provisions of subsections (b) and (c) of this
section the department, in the capacity of a Tide VI (24 C.F.R.) approved
Design Primary Inspection Agency (DAPIA) may accept calculations
and test results submitted by other than a California licensed architect or
professional engineer providing such calculations or test results are
found acceptable to the department upon review.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. New subsection (d) filed 6-15-76, as an emergency; effective upon filing (Reg-
ister 76, No. 25).
3. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
§ 4020. Recreational Vehicle or Commercial Coach Model
Manufactured at More Than One Location.
(a) If the manufacturer plans to produce the same model at more than
one location, approval may be obtained at the time of filing (Sections
4015, 4016, 4017 and 4018), subject to submission of the following:
(1) One set of application forms for plan approval for each location of
manufacture and fees pursuant to Section 4044.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) One additional set of identical plans and quality control manual for
each location of manufacture (duplicate approved plans and quality con-
trol manuals may be used for the additional locations).
(b) If, subsequent to plan approval, the manufacturer wishes to pro-
duce the same model at additional locations of manufacture, it will be
necessary to submit the following:
(1) One set of application forms for plan approval for each location of
manufacture and fees pursuant to Section 4044.
(2) One additional set of identical approved plans and quality control
manuals for each location of manufacture (duplicate approved plans and
quality control manuals may be used for the additional locations).
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4021 . Out-of-State Applicant — Recreational Vehicles,
Where the applicant is an out-of-state recreational vehicle manufac-
turer, the application for plan approval shall include a signed statement
that the manufacturer agrees to:
(a) Apply for an insignia for each vehicle to be sold, offered for sale,
rent or lease in California.
(b) Affix insignia to only those vehicles that are to be sold, offered for
sale, rent or lease in California.
(c) Submit to the department, and maintain current, a list of the names
and addresses of all California distributors and dealers.
(d) Provide the department annually with the total number of recre-
ational vehicles shipped into California.
(e) Inspection for manufacturing plant and quality control certification
or recertification.
NOTE: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tions 18021, 18055, Health and Safety Code.
History
1 . Amendment filed 5^1—79; effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36; 75, No. 30; 76, No. 25 and 76,
No. 31.
§ 4021.5. Out-of-State Manufacturer — Commercial
Coaches.
Where the applicant is an out-of-state commercial coach manufactur-
er, the application for plan approval shall include a signed statement that
the manufacturer agrees to:
(a) In-plant inspection.
(b) Apply for an insignia for each vehicle to be sold, offered for sale,
rent or lease in California.
(c) Affix insignia to only those vehicles that are to be sold, offered for
sale, rent or lease in California.
(d) Submit to the department, and maintain current, a list of the names
and addresses of all California distributors and dealers.
(e) Request inspection, by the department of any commercial coach
under construction that is to be shipped to California.
(f) Requested out-of-state inspection fees pursuant to Section 4044 of
this subchapter.
(g) Provide the department annually with the total number of commer-
cial coaches shipped into California.
NOTE: Authority cited: Secfion 18020, Health and Safety Code. Reference: Sec-
tion 18021, 18056.5, Health and Safety Code.
History
1. New section filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4022. Non-Conforming Application and Plans.
Should the application and plans not conform with this chapter, the
applicant shall be so notified in writing by the department within ten
working days of the date they are received. Should the applicant fail to
submit completely corrected application and plans in accordance with
the information supplied on the plan correction notice within 90 days of
such notice, the application will be deemed abandoned and all fees sub-
mitted will be forfeited to the department. Additional submissions shall
be processed as new applications.
§ 4023. Evidence of Approval.
Approved plans, specifications and quality control manual shall be ev-
idenced by a stamp of approval of the department or an approved Title
VI (24 C.F.R.) DAPIA, as applicable. An approved copy of the plans,
specifications and quality control manual shall be returned to the man-
ufacturer. An approved copy of plans, specifications and quality control
manual shall be retained at each place of manufacture.
History
1. Amendment filed 9-7-73: effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 6-15-76 as an emeraency; effective upon filing (Register 76,
No. 25).
3. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
§ 4024. Plan Approval Expiration — Recreational Vehicles
and Commercial Coaches.
(a) Model Plan Approvals. Plan approvals shall expire 1 5 months from
the date of department approval. Plans may be renewed prior to the expi-
ration date by submission of an application for plan approval renewal
form obtainable from the department. Application for plan approval re-
newal shall be submitted in duplicate together with the appropriate plan
renewal fees pursuant to Section 4044 of this subchapter. Plan approval
renewal is permitted only when the plans for the designated model are
identical to those on file with the department. A change of model name
or designation is permitted on a renewal of approval. After expiration
date, application for renewal of approval of any such expired plan ap-
provals shall be submitted and processed as for a new plan approval. In-
signia not assigned to a vehicle under construction prior to the expiration
of plan approval are void and shall be returned to the department.
(b) System Plan Approvals. System plan approvals, on file with the de-
partment, shall expire 15 months from the date of department approval.
System plans may be renewed prior to the expiration date by written
application to the department. The written application shall contain a list-
ing of the valid system(s) plan approvals the manufacturer wishes to
maintain as current and a plan renewal fee pursuant to Section 4044.
Where system plan approvals contain supplements, the supplements
shall be incorporated into a single revised plan and filed with plan filing
and supplement fees pursuant to Section 4044. When renewal involves
changes from original approval, plan resubmission fees shall be charged
pursuant to Section 4044.
(c) Title VI (24 C.F.R.) Design Approvals. Plans, designs, calcula-
tions, specifications, and quality control manuals approved pursuant to
Title VI (24 C.F.R.) are subject to those requirements for expiration. (See
Federal Mobile Home Procedural and Enforcement Regulations, Title
VI, 24 C.F.R., Part 3282)
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18055.5, 18056.5, Health and Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36, 75, No. 30, 76, No. 25 and 76,
No. 31.
§ 4025. In-Plant Quality Control.
(a) The manufacturer shall submit a manual, or shall reference an
applicable manual previously approved by the department, outlining a
program of quality control concurrent with his request for plan approval.
The program outlined must meet the standards of and be approved by the
department. In addition, the manufacturer shall designate a company or
corporate officer or other responsible person to be responsible for the
quality control program and shall maintain records to substantiate that
each unit has been inspected and complies with the plans as approved by
the department.
(b) Specific Requirements for Manual for Mobile Homes, Commer-
cial Coaches and Recreational Vehicles:
•
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(1) Scope and purpose of manual.
(2) Receiving inspection procedure for basic materials.
(3) Materia] storage and stock rotation procedure.
(4) Drawings and bills of material.
(5) Types and frequency of product inspection.
(6) Sample of inspectional control form used.
(7) Record-keeping procedures for quality control forms.
(8) List of major pieces of production equipment.
(9) Responsibility for quality control program.
(10) Test procedural manual, including electrical, gas line, water sys-
tems and drain/vent/plumbing fixture tests and type of test equipment
used.
(11) List of test equipment.
(c) The manufacturer shall provide a control card or other approved
documents with each vehicle on the assembly line. The card or other ap-
proved documents shall identify the structural, electrical, mechanical
and plumbing system in the vehicle and the vehicle identification number
(VIN).
(d) The department shall make inspections of both vehicles under con-
stmction and of completed vehicles. The issuance of insignia shall be
conditioned to compliance with the regulations as indicated by these in-
spections.
(e) Where either vehicles under construction or completed vehicles are
found to be in violation during inspection and such violations are not cor-
rected at the time of inspection, the department shall serve upon the man-
ufacturer a Notice of Violations as prescribed in Section 4013. A rein-
spection shall be requested by a manufacturer served with Notice of
Violations pursuant to Sections 4010 and 4011.
(f) The quality control manual and procedure requirements of Title VI
(24 C.F.R.) are applicable to mobile homes manufactured after June 15,
1976. (See Federal Mobile Home Procedural and Enforcement Regula-
tions, Tide VL 24 C.F.R., Part 3282.)
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18055.5, 18056.5, Health and Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36, 75, No. 30, 76. No. 25, and 76,
No. 31.
§ 4026. Changes to Approved Plans.
(a) Where the manufacturer proposes changes in the construction, fire
safety, occupancy, plumbing, heat-producing, or electrical equipment or
installations, or the department's regulations are amended to necessitate
such change, two sets of supplemental detailed plans and specifications
of such changes shall be submitted to the department for plan checking
and comparison. Plans shall be accompanied by Transmittal of Supple-
mentary Plan Application form, obtainable from the department, plan fil-
ing and plan checking fees pursuant to Section 4044 of this subchapter.
If the department determines that such supplemental details do not con-
stitute a new model, or system, the supplement will be filed with and be-
come a part of the existing plan approval. Where the supplemental details
constitute a new model or system, the application for plan approval is to
be processed as a new model or system.
(b) A model designation may be changed or added prior to the expira-
tion date by filing an amended application and plan filing fee pursuant
to Section 4044 of this subchapter.
(c) Where the manufacturer proposes changes to the quality control
manual, two copies of such changes shall be submitted to the department
for approval accompanied by a quality control manual filing and plan
checking fee pursuant to Section 4044 of this subchapter.
(d) Where changes are proposed to mobile home plans, designs, calcu-
lations, specifications, or quality control manuals subject to Title VI (24
C.F.R.), those requirements shall be applicable. (See Federal Mobile
Home Procedural and Enforcement Regulations, Title VI, 24 C.F.R. , Part
3282.)
NOTE; Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18055.5, 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. New subsection (d) filed 6-15-76 as an emergency; effective upon filing (Reg-
ister 76, No. 25).
3. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
4. Amendment filed 5^1-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4027. Change of Ownership.
(a) Where there is a change of ownership of a vehicle manufacturing
business having department plan approval, the new owner shall notify the
department in writing of such change within ten days. The notification
shall be accompanied by a change in ownership fee pursuant to Section
4044 of this subchapter. If the new owner submits a statement that he will
continue to manufacture in accordance with previously approved plans,
new applications and plan filing fees pursuant to Section 4044 of this
chapter shall not be required.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference:
18055, 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 5^-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4028. Change of Name or Address.
In the event of a change in the name or address of any vehicle manufac-
turer, the manufacturer shall so notify the department in writing within
ten days. The notification shall be accompanied by a change in name or
address fee pursuant to Section 4044 of this subchapter.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18055.5, 18056.5, 18060, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4029. Discontinuance of Manufacture.
When a vehicle manufacturer discontinues production of a model car-
rying department plan approval, the manufacturer shall, within ten days,
advise the department of the date of such discontinuance and return all
insignia allocated for such discontinued vehicles.
§ 4030. Unit Identification.
(a) Each unit manufactured, sold, offered for sale, rented or leased in
California shall bear a permanently affixed label which contains the fol-
lowing information: Name of manufacturer; month and year of manufac-
ture; vehicle identification number (VIN) or serial number; where appli-
cable, the plan approval number; and manufacturer's assigned
identification number.
(b) The label shall be permanently attached in one of the following lo-
cations:
(1) On the exterior wall immediately adjacent to the main door.
(2) On the rear of the unit on the lower left comer of the exterior wall.
(3) On the forward half of the left road side of the exterior wall.
Note: See Article 1, Section 4031 for label size and type of material.
(c) Each section of a multiple mobile home shall have the same serial
number, except that the serial number of the primary or left (road) side
section shall be prefaced by the letter "A". The serial number of the first
connecting section shall be prefaced by the letter "B" and each additional
section similarly identified in alphabetical order. (Should the number of
connected sections exceed 26, the serial number of the 27th section
would be preceded by the letters "AA" and the 28th "BB", etc.)
Each connecting section after the primary section shall have an identi-
fication label as prescribed in (a) above permanentiy attached to the front
left comer (road side) of the exterior wall, not less than six inches above
the floor line.
Page 103
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) Each section of a multiple commercial coach shall bear an individ-
ual serial number which shall not have any identifying letters as pre-
scribed in subsection (c) of this section.
(e) Where applicable vehicle identification numbers (VIN's) or serial
numbers shall be as assigned or required by the Department of Motor Ve-
hicles. Slide-in campers shall have a manufacturers serial or identifica-
tion number prefaced with the manufacturers identification number as
assigned by the department, permanently affixed to the interior and exte-
rior of the camper. The interior serial or identification number shall be
located under the dinette seat area in the wing of the camper by perma-
nently stamping or marking. If labels are used, they shall be in accor-
dance with Section 4031.5 of this subchapter.
(f) Manufactured homes manufactured on and after June 15, 1976,
shall have identification as required by the Federal Manufactured Home
Constmction and Safety Standards, Title VI, 24 C.F.R., Part 3280.
NOTE; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tions 18025-18028.5, Health and Safety Code.
History
1. Amendment filed 9-7-73: effective thirtieth dav thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment and new subsections (e) and (f) filed 5-4-79; effective thirtieth day
thereafter (Register 79, No. 18).
4. Amendment filed 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
5. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1 349.6 (Register 89, No. 11).
6. Amendment filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
7. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
§ 4031 . Labels for Exterior Locations.
The label shall be either of 3 basic types, each capable of 20 year life
expectancy when exposed to ordinary outdoor environments. Letters and
numbers shall be bold Gothic or similar style varied for emphasis as large
as space permits with smallest size being 5/64" . Wording shall be easily
read and concise.
(a) Type L* Rigid metal plates affixed by screws, rivets, or permanent
type adhesives.
Minimum Size: .020" x 1 1/2" x 3" net dimensions (inside fastener
heads).
Material: Aluminum, brass or stainless steel etched, stamped, en-
graved, or embossed to .015 minimum depth differential — color anod-
ized or enamel filled.
(b) Type IL* Flexible metal plates affixed by permanent adhe-
sives— either pressure sensitive acrylics or solvent activated resins.
Minimum Size: .005" x 1 1/2" x 3".
Material: Aluminum foil etched or stamped to .001 minimum depth
differential with color anodized background.
(c) Type IIL*
(1) Metalized polyester-surface bonded. Minimum Size: .003" x
1 1/2" X 3" where variable information is not required.
(2) Aluminum/vinyl-surface bonded. Minimum Size: .006" x I 1/2"
X 3" where variable information is required by debossing with a conven-
tional typewriter.
(d) No person shall alter, remove, or cause to be altered or removed,
any insignia or label required by this chapter.
(e) Labels for exterior locations on mobile homes shall conform to the
Federal Mobile Home Construction and Safety Standards, Title VI, 24
C.F.R., Part 280.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18055.5, 180564, 18056.5, Health and Safety Code.
*Where permanent type adhesives are used on Type I, II or III plates, adhesives
shall have a minimum thickness of .004 inch, they shall be properly affixed to
a smooth surface.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. New subsection (e) filed 5-4-79; effecfive thirtieth day thereafter (Register 79.
No. 18).
§ 4031 .5. Camper Labels.
Letters and numbers shall be bold Gothic or similar style varied for
emphasis as large as space permits with smallest size being 5/64" . Word-
ing shall be easily read and concise.
(a) Type I*. Rigid metal plates affixed by screws, rivets, or permanent
type adhesives.
Minimum Size: .020" X 3/4 x 2" net dimensions (inside fastener
heads).
Material: Aluminum, brass or stainless steel etched, stamped, en-
graved, or embossed to .015 minimum depth differential-color anodized
or enamel filled.
(b) Type II*. Hexible metal plates affixed by permanent adhe-
sives— either pressure sensitive acrylics or solvent activated resins.
Minimum Size: .005" x 3/4 x 2" .
Material: Aluminum foil etched or stamped to .001 minimum depth
differential with color anodized background.
(c) Type III*.
(1) Metalized Polyester-surface bonded.
Minimum Size: .003" x 3/4" x 2" where variable information is not
required.
(2) Aluminum/vinyl-surface bonded.
Minimum Size: .006" x 3/4" x 2" where variable information is re-
quired by debossing with a conventional typewriter.
(d) No person shall alter, remove, or cause to be altered or removed,
any label required by this subchapter.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.4, Health and Safety Code.
History
\. New section filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4032. Insignia Required.
(a) Unless prior written approval is granted by the department, all rec-
reational vehicles and commercial coaches manufactured for sale in Cali-
fornia shall bear a department insignia prior to leaving the manufacturing
plant.
(b) Each insignia shall be assigned and affixed to a specific completed
vehicle. Insignia shall only be affixed to vehicles that comply with the
provisions of these regulations.
Insignia shall only be issued to out of state manufacturers for those ve-
hicles constructed for sale in California.
(c) Assigned insignia are not transferable and are void when not af-
fixed as assigned. All voided insignia shall be returned to, or may be con-
fiscated by, the department. The insignia shall remain the property of the
department and may be reappropriated by the department in the event of
violation of the conditions of approval.
(d) The insignia shall be securely affixed to the rear of the vehicle on
the lower left comer of the exterior wall not less than six inches above the
floor line, or on the exterior wall immediately adjacent to the main door,
not less than six inches above the floor line.
(e) The manufacturer shall maintain a current list of departmental in-
signia designating:
(1) Insignia affixed to vehicles.
(2) Insignia not affixed to vehicles.
(f) Mobile homes manufactured on and after June 15, 1976 are subject
to Title VI (24 C.F.R.) requirements and shall bear a label pursuant to
those requirements. (See Federal Mobile Home Procedural and Enforce-
ment Regulations, Title VI, 24 C.F.R. , Part 3282)
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055.5, 18056, Health and Safety Code.
Page 104
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Title 25
Factory-Built Housing and Mobile Homes
§ 4034.5
•
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. New subsection (f) filed 6-1 5-76 as an emergency; effective upon filing (Regis-
ter 76, No. 25).
3. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
§ 4033. Insignia Not Required.
(a) Vehicles falling into any of the following categories are not re-
quired by this subchapter to bear a department insignia or HUD label:
(1) Any mobile home, trailer coach, recreational vehicles, travel trail-
er, or camp car manufactured prior to September 1 , 1958, any commer-
cial coach or trailer coach designed for industrial, professional or com-
mercial purposes manufactured prior to May 25, 1967.
(2) A recreational vehicle or commercial coach manufactured in Cali-
fornia, designated by the manufacturer as an out-of-state delivery for,
and delivered by the manufacturer or his agent to, a purchaser in another
state.
(3) A recreational vehicle or commercial coach delivered in-state
when:
(A) purchased by a common carrier, shipped by the seller via the pur-
chaser, carried under a bill of lading whether the freight is paid in advance
or the shipment is made freight charges collect to a point in another state,
and the property is actually transported to the out-of-state destination for
use by the carrier in the conduct of its business as a common carrier;
(B) purchased from a dealer located in another state for use outside of
this state, delivered by the seller in California to the purchaser within this
state, and such purchaser drives or moves such vehicle from the Califor-
nia manufacturer's place of business in this state to any out-of-state
point within 30 days from and after the date of dehvery.
(4) Mobile homes manufactured on and after June 15, 1976, bearing
a Title VI (24 C.F.R.) label. (See Federal Mobile Home Procedural and
Enforcement Regulations, Title VI, 24 C.F.R.)
(b) In each case the vehicle manufacturer shall supply the department
with the following information within 30 days after shipment.
1 . Make and model of the vehicle
2. Vehicle Identification Number (VIN)
3. Date of manufacture
4. Date of sale
5. Name of purchaser
6. Destination
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055.5, 18056, Health and Safety Code.
History
1 . Amendment filed 7-25-75; designated effecfive 9-1-75 (Register 75, No. 30).
2. New subsection (a)(4) filed 6-15-76 as an emergency; effective upon fihng
(Register 76, No. 25).
3. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
4. Amendment of subsection (a) filed 5-4—79; effective thirtieth day thereafter
(Register 79, No. 18).
§ 4034. Application for Insignia Pursuant to Plan Approval.
(a) Following receipt of plan approval, the vehicle manufacturer shall
make application for an insignia for each vehicle manufactured, except
as provided in Section 4033. The application shall be submitted to the de-
partment in duplicate, accompanied by the appropriate insignia fees pur-
suant to Section 4044. The application shall include the name of the ve-
hicle manufacturer, manufacturer's identification number, plan approval
number and the vehicle identification number (VIN) of each vehicle for
which an insignia is requested. Multiple vehicles shall be designated
where applicable.
(b) Out-of-State Manufacturers. Insignia shall only be issued to out-
of-state manufacturers for those vehicles constructed for sale in Califor-
nia. The following additional information shall be supplied to the depart-
ment with each request for insignia prior to shipment of the vehicle(s) to
California:
(1) Estimated date of manufacUire of vehicle.
(2) Estimated date of vehicle sale by manufacturer.
(3) Name and address of purchaser.
(4) Destination of vehicle (including address).
(5) Estimated date of arrival at destination.
The department shall be notified immediately, by the manufacturer, of
any changes in the information provided pursuant to this section.
(c) Commercial Coaches. Insignia will only be issued for commercial
coaches where the manufacturer designates at least the following on the
application for insignia and the vehicle complies with all applicable pro-
visions of the regulations:
(1) Vehicle identification number.
(2) Plan approval nuinber.
(3) Occupancy classification.
(4) Roof and floor live loads.
(5) Windload.
(d) The department shall determine that the manufacturer's assembly,
quality control procedures, plant equipment and personnel will assure
that vehicles manufactured for sale in California comply with the Califor-
nia regulations for such vehicles.
(e) The department shall make inspections of vehicles under construc-
tion at the manufacturer's facilities to determine compliance and may ac-
cept the inspection and certification of other states pursuant to a reciproc-
ity agreement.
NOTE: Authority cited: Section 18020, Health and Safetv Code. Reference: Sec-
tions 18055.5, 18056, Health and Safety Code.
History
I. Amendment filed 5^4-79; effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36; 75, No. 30; 76, No. 25 and 76,
No. 31.
§ 4034.3. Application for HUD Labels.
California manufacturers of manufactured homes subject to Title VI
(24 C.F.R.), shall obtain HUD labels for each manufactured home man-
ufactured on and after June 15, 1976. Applications for HUD labels shall
be submitted to the department's Sacramento, Cahfornia Office in tripli-
cate, on Form 301 Request and Payment for Labels, dated October, 1986
and provided by the department, and shall be accompanied by adminis-
trative handling fees pursuant to Section 4044 of this subchapter. The
application shall include the manufactured home manufacturer's name,
the manufacturer's identification number, plan or design approval desig-
nation, and the manufactured home VIN (serial) number of each man-
ufactured home for which labels are requested. Multiple unit manufac-
tured homes shall be designated where applicable.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 18025.5, Health and Safety Code.
History
1 . New section filed 6-15-76 as an emergency; effective upon filing (Register 76,
No. 25).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of NOTE filed 6-9-77; designated effective 9-1-77 (Register 77,
No. 24).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
5. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 41).
§ 4034.5. Application for Insignia Pursuant to Requested
Inspection.
(a) Any person selling, offering for sale, renting, or leasing any mobile
home manufactured between September 2, 1 958, and June 15,1 976, any
trailer coach, travel trailer, or camp car manufactured after September 1,
1958; any trailer coach or commercial coach designed or used for indus-
trial, professional or commercial purposes manufactured after May 25,
1967; shall obtain an insignia for such vehicle from the department, prior
to sale, offering for sale, renting, or leasing said vehicle. (See Sections
4010 and 4011 relating to inspections.)
Page 105
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§4035
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) Application for insignia shall be made on forms obtainable from
the department together with the insignia fees required pursuant to Sec-
tion 4044 of these regulations.
(c) The provisions of this section are not applicable to mobile homes
manufactured on and after June 15,1976, which are required to meet Fed-
eral Mobile Home Regulations. (See Federal Mobile Home Procedural
and Enforcement Regulations, Title VI, 24 C.F.R.)
(d) Commercial Coaches. Prior to application pursuant to requested
inspection, the commercial coach manufacturer shall have approved
commercial coach structural system plans on file with the Department
and an approved floor plan for all commercial coaches having in excess
of 1000 square feet of gross floor area or toilet facilities.
NOTE; Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055.5, 18056, 18060, Health and Safety Code.
History
1. Amendment filed 5-4-79: effective thirtieth day thereafter (Register 79, No.
1 8). For prior history, see Registers 73, No. 36, 75, No. 30, 76, No. 25 and 76,
No. 31.
§ 4035. Denial of Insignia.
Should inspection reveal that a manufacturer is not manufacturing ve-
hicles according to plans approved by the department, and such manufac-
turer, after having been served with a notice setting forth in what respect
the provisions of this chapter have been violated, continues to manufac-
ture vehicles in violation of this chapter, applications for new insignia
shall be denied and the insignia previously issued shall be confiscated.
Upon satisfactory proof of compliance such manufacturer may resubmit
an application for insignia.
§ 4036. Insignia Removal.
In the event that any vehicle bearing department insignia is found in
violation of this chapter, and a Notice of Violations has been served pur-
suant to Sections 4013 or 4013.5, the department may remove the insig-
nia. The department shall not issue a new insignia until corrections have
been made; an inspection requested pursuant to Section 4010; inspection
and insignia fees have been paid pursuant to Section 4044; and the ve-
hicle has been inspected and found in compliance with these regulations.
Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055.5, 18056, Health and Safety Code.
History
1. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
2. Amendment filed 5^4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4037. Lost or Damaged Insignia.
(a) When an insignia of approval becomes lost or damaged, after sale
by the manufacturer, the department shall be notified in writing by the
owner. The notification shall specify:
1. That the vehicle had a California Department insignia of approval.
2. The manufacturer of the vehicle
3. The year of manufacture
4. The vehicle identification number (VIN)
5. When possible, the insignia number
6. Whether any alterations or conversions were made to the vehicle by
the owner.
(b) Whenever possible, all damaged insignia shall be promptly re-
turned to the department. Damaged and lost insignia shall be replaced by
the department with a replacement insignia, on payment of the replace-
ment insignia fee as provided in Section 4044, where the owner certifies
that no alterations or conversions have been made to the vehicle. Where
alterations or conversions have been made it will be necessary to also re-
quest an inspection pursuant to Section 401 1.
(c) Whenever it becomes necessary to replace insignia for a manufac-
turer, the manufacturer shall submit a request in writing outlining all re-
lated circumstances and where possible, shall return insignia to be re-
placed together with replacement insignia fees pursuant to Section 4044.
NOTE: Authority cited: Secdon 18020, Health and Safety Code. Reference: Sec-
tions 18055.5, 18056, Health and Safety Code.
History
1 . Amendment filed 5-4-79: effective thirtieth day thereafter (Register 79, No.
18). For prior history, see Registers 73, No. 36, 75, No. 30, 75, No. 48, 76, No.
5 and 77, No. 24.
§ 4038. Refund of Fees.
Upon receipt of a written request, the department shall consider a re-
fund of fees paid pursuant to Section 4044. The department shall consider
such refunds on their individual merit based upon the fee paid less costs
already incurred and the administrative costs of processing the refund.
NOTE; Authority cited: Sections 1 7003.5 and 1 801 5, Health and Safety Code. Ref-
erence: Sections 18025.5, 18026 and 18031, Health and Safety Code.
History
1 . New section filed 5-4-79; effective thirtieth day thereafter (Register 80, No.
12).
2. Amendment filed 10-12-89; operative 10-12-89 (Register 9, No. 41).
§ 4040. Alteration or Conversion.
(a) No person shall make any alteration or conversion of the electrical,
mechanical or plumbing equipment or installations of a vehicle bearing,
or required to bear, an insignia of approval or Title VI (24 C.F.R.) label,
unless an application for such alteration or conversion has been filed
with, and approved by, the department.
(b) No person shall make any alteration or conversion of the construc-
tion or fire safety equipment or installations of any mobile home or com-
mercial coach, bearing or required to bear an insignia of approval, or Title
VI (24 C.F.R.) label, manufactured after September 15, 1971 , or any rec-
reational vehicle, bearing or required to bear a department insignia, man-
ufactured after January 1. 1974, unless an application for such alteration
or conversion has been filed with, and approved by, the department.
(c) No person shall make any alteration, conversion, or change relating
to the occupancy of any vehicle bearing or required to bear an insignia
of approval or Title VI (24 C.F.R.) label, unless an application for such
alteration, conversion, or change relating to the occupancy has been filed
with and approved by the department. This shall not prevent the granting
of a permitted use by a local jurisdiction pursuant to the authority of Sec-
tion 1 8300 of the Health and Safety Code providing the vehicle is not al-
tered or converted from the condifion and occupancy approved by the de-
partment.
(d) All alterations and conversions shall be made in compliance with
these regulations.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effecfive 9-1-75 (Register 75, No. 30).
3. Amendment filed 7-30-76 as an emergency; effective upon filing. Certificate
of Compliance included (Register 76, No. 31).
§ 4040.5. Additions.
(a) No person shall make any additions to the electrical, mechanical,
plumbing, construction, or fire safety equipment and installations nor
any additions affecting the occupancy of any vehicle bearing, or required
to bear, an insignia of approval or Title VI (24 C.F.R.) label unless an
applicafion has been filed with, ad approved by, the department.
(b) All additions shall be made in compliance with these regulations
including any modification of the original vehicle necessary to accom-
modate said addidons and provide minimum health and safety.
NOTE: Authority cited: Secdon 18057, Health and Safety Code. Reference: Sec-
tion 18057, Health and Safety Code.
History
1. New section filed 7-30-76 as an emergency; effecfive upon filing. Certificate
of Compliance included (Register 76, No. 31).
2. Amendment of NOTE filed 6-9-77: designated effective 9-1-77 (Register 77,
No. 24).
§4041. Not Applicable.
The following shall not constitute an alteration or conversion:
(a) Repairs with approved component parts.
(b) Conversion from one fuel to another of the listed appliances in ac-
cordance with the terms of their listing.
(c) Adjustment and maintenance of equipment.
Page 106
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Title 25
Factory-Built Housing and Mobile Homes
§4044
(d) Replacement of equipment in kind.
(e) The addition of appliances, where a mobile home or recreational
vehicle has been designed and equipped for such additions, including all
necessary systems, circuits, etc.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73. No.
36).
2. Amendment filed 7-30-76 as an emergency; effective upon filing. Ceitificate
of Compliance included (Register 76, No. .31).
3. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
§ 4042. Application Requirements.
(a) Any person proposing to make an alteration, conversion, or addi-
tion to a vehicle bearing or required to bear an insignia of approval, or
Title VI (24 C.F.R.) label, shall file an application with, and obtain ap-
proval of, the department.
(b) Applications for alteration, conversion, or addition shall include:
(1) Type of vehicle (if commercial coach, occupancy classification).
(2) Make and model of the vehicle.
(3) Vehicle Identification Number (VIN).
(4) Insignia number, or HUD label number.
(5) Month and year of manufacture.
(6) A complete description of the work to be performed together with
plans and specifications as required.
(7) Location of the vehicle where work is to be performed.
(8) Alteration or conversion fee and inspection fee pursuant to Section
4044.
(9) Name and address of the owner of the vehicle.
(10) Any proposed change in occupancy classification.
(c) Applications for addition of air-conditioning (comfort cooling) by
licensed contractors where no alteration, conversion, or addition is made
other than the installation and connection of listed air-conditioning
(comfort cooling) components to systems provided by the manufacturer
of the vehicle shall include:
(1) Type of vehicle (if commercial coach occupancy classification).
(2) Make and model of the vehicle.
(3) Vehicle Identification Number (VIN).
(4) Insignia number or HUD label number.
(5) A complete description of the work to be performed together with
specifications as required.
(6) Location of the vehicle where the work is to be performed.
(7) Name and address of the vehicle owner.
(8) Alteration or conversion and a component label fee pursuant to
Section 4044.
(9) Contractor's license number.
(10) Certification by the mobile home park operator or contractor that
the lot service equipment and the mobile home park electrical system
have the ampacity to accommodate the proposed installation, if the mo-
bile home is located in a mobile home park; or certification by the con-
tractor making application if the vehicle is located outside of a mobile
home park, as applicable.
(d) Where the application for alteration conversion, or addition is
made in accordance with subsection (b), the department may require in-
spections of the vehicle during the course of alteration, conversion, or ad-
dition to determine compliance with the regulations. The applicant shall
make such requests for inspection, on forms furnished by the department,
pursuant to Sections 4010 and 4011 together with inspection fees pur-
suant to Section 4044 of these regulations. Upon completion of the alter-
ation, conversion, or addition the applicant shall request the department
to make an inspection pursuant to Sections 4010 and 401 1 of these regu-
lations.
(e) Where the application for alteration, conversion, or addition is
made in accordance with subsection (b) and includes any structural as-
sembly subject to this chapter which is assembled at a location other than
that of the vehicle being altered, converted, or added to, the department
may require inspections of both the vehicle and the structural assembly.
The applicant shall make such requests for inspection, on forms fur-
nished by the department, pursuant to Sections 4010 and 401 1 together
with inspection fees and a component label fee pursuant to Section 4044
of these regulations.
The component label shall be affixed to the structural assembly indi-
cating compliance with this chapter prior to delivery of the structural as-
sembly to the site of installation.
(f) Where the application is for the addition of air-conditioning (com-
fort cooling) pursuant to Subsection (c), the department may issue a se-
ries of component labels to a licensed contractor where an application has
been approved by the department. The department will provide the con-
tractor with a normal 30 day supply, except where a contractor makes
application for and certifies a contract exists for a specified number of
installations in excess of the normal 30 day supply.
Component labels shall be assigned and affixed to installations by the
contractor beginning with the lowest sequential number.
The component label shall be affixed to the condensing unit of the air-
conditioning (comfort cooling) system at or near the point of entrance of
its electrical inlet to indicate the contractor's compliance with these regu-
lations relating to the installation of air-conditioning (comfort cooling).
The contractor shall submit a report to the Department at the end of
each month, indicating the assignment and inventory of component la-
bels that have been issued by the department. Where a contractor fails to
submit a report, properly affix labels or fails to comply with other re-
quirements of these regulations for additions, alterations or conversions,
ap)plications for component labels shall be denied and all unassigned
component labels previously issued may be confiscated by the depart-
ment.
The department may make inspections of air-conditioning (comfort
cooling) installations permitted under this subsection to determine com-
pliance with these regulations. Where inspection indicates a violation of
these regulations a Notice of Violations pursuant to Section 4013 shall
be issued to the contractor. Violations shall be corrected within 10 days
or such other period of time as may be allowed by the department and an
inspection shall be requested by the contractor. Where violations are not
corrected within the allotted time the department shall institute legal and/
or administrative actions as necessary to secure compliance.
Applications made by contractors with outstanding Notices of Viola-
tions on file with the department shall be made pursuant to Subsection (b)
of this section.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18057, Health and Safety Code.
History
1 . Amendment of subsections (c) and (f) filed 4-3-78; effective thirtieth day there-
after (Register 78, No. 14). For prior history, see Register 73, No. 36; Register
75, No. 30; and Register 76, No. 31.
2. Amendment filed 5^^79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4044. Fees.
(a) Plan Fees.
(1) Plan Checking Fee. Two hundred three dollars ($203) provided the
plan check does not exceed one hour. When the plan check exceeds one
hour, the following fees shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(2) Plan Resubmission Fee. Two hundred three dollars ($203) pro-
vided the plan resubmission plan check does not exceed one hour. When
the plan resubmission plan check exceeds one hour, the following fees
shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
(3) Plan Supplement Fee. Two hundred three dollars ($203) provided
the plan supplement plan check does not exceed one hour. When the plan
supplement plan check exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: ninety-two dollars ($92).
(B) Each thirty (30) minutes, or fractional part thereof: forty-six dol-
lars ($46).
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§4045
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) Plan Renewal Fee. Two hundred three dollars ($203) for each plan
or group of plans.
(b) Quality Control Manual Filing Fee. Ten dollars ($10).
(c) Inspection, Reinspection, or Monitoring Fees.
(1) Manufactured Home, Mobilehome, Multi-Unit Manufactured
Housing, Commercial Modular and Special Purpose Commercial Modu-
lar Manufacturer Monitoring. One hundred ninety-six dollars ($196)
provided the in-plant monitoring does not exceed one hour. When the in-
plant monitoring exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(2) Inspection Fees. One hundred ninety-six dollars ($196) provided
the inspection or reinspection does not exceed one hour. When the in-
spection or reinspection exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(d) Technical Service Fees.
(1) One hundred ninety-six dollars ($196) provided the technical ser-
vice does not exceed one hour. When the technical service exceeds one
hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(e) Alternate Approval Fees. Two hundred three dollars ($203) for the
plan check fee for a minimum of one hour as established in Section 4008.
(f) Administrative Handhng Fees for Federal Labels.
(1) Six dollars ($6.00) for each new manufactured home label, issued
to cover the costs of postage, handhng and administration.
(g) Insignia Fees.
(1 ) Fifty-one dollars ($5 1 ) for each manufactured home, mobilehome,
multi-unit manufactured housing, commercial modular, or special pur-
pose commercial modular insignia.
(2) Eighty-three dollars ($83) for each department replacement insig-
nia.
(h) Requested Out-of-State Inspection or Technical Service Fee. To-
tal travel cost based on published air fare, or equivalent rate, between the
point of departure from California and the point of inspection, plus neces-
sary supplemental surface transportation, reimbursement for food and
lodging consistent with California State Department of Personnel Ad-
ministration allowances and inspection or technical service fees as speci-
fied in this section.
(i) Change in Manufacturer Name, Ownership or Address Fee. Sixty-
two dollars ($62).
(j) Component Label Fee. Twenty-four dollars ($24).
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 18031, Health and Safety Code.
History
1. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 41). For
prior history, see Register 81, No. 45).
2. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section 11343.4 (Register 2005, No. 52).
§ 4045. Appeals.
Any person refused department approval, receiving a notice of viola-
tion, or who feels aggrieved by application of this subchapter, may re-
quest and shall be granted a hearing on the matter before the director of
the department or his duly authorized representative. Such person shall
file with the department a written petition requesting such hearing which
shall set forth a brief statement of the grounds therefor.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055.5, 18080, Health and Safety Code.
History
1. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4046. Notice of Hearing.
Upon receipt of such petition, the department shall set a time and place
for such hearing and shall give the petitioner written notice thereof. Said
hearing shall commence no later than 30 days after the day on which said
petition was filed provided that, upon application of the petitioner, the de-
partment may postpone the date of such hearing for a reasonable time be-
yond such 30-day period, if in its judgment the petitioner has submitted
a good and sufficient reason for such postponement. Should petitioner
fail to appear at the scheduled time and place of said hearing, the depart-
ment may dismiss the petition without further action.
§ 4046.1 . Application.
History
1 . Repealer and new section filed 7-25-75; designated effective 9-1-75 (Register
75, No. 30). For history of former section, see Register 73, No. 36.
2. Repealer filed 9-26-75; effective thirtieth day thereafter (Register 75, No. 39).
§ 4046.2. Notification.
History
1 . Repealer and new section filed 7-25-75; designated effective 9-1-75 (Register
75, No. 30). For history of former .section, see Register 73, No. 36.
2. Repealer filed 9-26-75; effecfive thirtieth day thereafter (Register 75, No. 39).
§ 4046.5. Result of Hearing.
Upon conclusion of such hearing, the director of the department, or his
duly authorized representative shall notify the petitioner in writing of his
decision in the matter.
NOTE; Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055-18063, Health and Safety Code.
History
1. New section filed 9-26-75; effective thirtieth day thereafter (Register 75, No.
39).
§ 4046.7. Title VI (24 C.F.R.) Appeals Procedure.
The appeals procedure is outlined in the Title VI (24 C.F.R.) for mo-
bile homes manufactured on or after June 15, 1976, Federal Mobile
Home Procedural and Enforcement Regulations.
NOTE: Authority cited: Section 1 8020, Health and Safety Code. Reference: Sec-
tions 18055.5 and 18080, Health and Safety Code.
History
1. New secfion filed 6-15-76 as an emergency; effective upon filing (Register 76,
No. 25).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of NOTE filed 6-9-77; designated effective 9-1-77 (Register 77,
No. 24).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4047. Reciprocity.
(a) Pursuant to Section 18058.5 of the Health and Safety Code, the de-
partment may accept the standards and enforcement procedures of other
states, relating to recreational vehicles, for the purposes of reciprocity
with such states.
(b) Whenever the department has accepted the standards and enforce-
ment procedures of another state, relating to recreational vehicles, as be-
ing at least comparable to those of California, any recreational vehicle,
approved by such other state, as meeting its standards for recreational ve-
hicles shall be considered as meeting the California regulations for recre-
ational vehicles.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18058.5, Health and Safety Code.
History
1. Repealer filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
2. New section filed 9-26-75; effective thirtieth day thereafter (Register 75, No.
39).
3. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4047.3. Application.
In order to determine that the standards and enforcement procedures
of another state are at least equal to those of California, the department
may request from such state:
Page 108
Register 2005, No. 52; 12-30-2005
Title 25
Factory-Built Housing and Mobile Homes
§ 4049.3
(1) A copy of the statutes, regulations, codes, or standards relating to
the construction, fire safety, occupancy, electrical, mechanical and
plumbing of recreational vehicles.
(2) A copy of the statutes, regulations, codes, or standards relating to
the administration and enforcement of construction, fire safety, occupan-
cy, electrical, mechanical and plumbing requirements for recreational
vehicles.
(3) The organizational structure of the agency, including the number,
type, and qualification of all positions.
(4) Procedures and methods for evaluating materials and equipment.
(5) Procedures and methods for evaluating and approving recreational
vehicles including plan checking, in-plant inspections, and individual
vehicle inspections.
(6) Procedures and methods for securing compliance including orders,
time-limit notices, hearings and legal action.
(7) The name and address of all recreational vehicle manufacturers.
(8) Estimated annual production of recreational vehicles.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18058.5.
History
1. New section filed 9-26-75; effective thirtieth day thereafter (Register 75, No.
39).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4047.6. Notification.
Whenever any vehicle manufactured in a state having reciprocity with
California is found to have violations of the California regulations relat-
ing to construction, fire safety, occupancy, electrical, mechanical and
plumbing, such state shall be notified of the violations and shall report
what action has been taken to preclude future violations.
History
1. New section filed 9-26-75; effective thirtieth day thereafter (Register 75, No.
39).
§ 4048. Authority and Scope.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Repealer filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
Article 1.1. Issuance of Insignia for
Manufactured Homes, Mobile Homes,
Commercial Coaches and Recreational
Vehicles Not Previously Issued Insignia of
Approval
§ 4049.1 . Application and Scope.
The provisions of this article relating to construction, energy conser-
vation, fire safety, electrical, mechanical, heating and plumbing equip-
ment and installations and occupancy requirements are applicable to all
manufactured homes, mobile homes, commercial coaches and recre-
ational vehicles, that have not been issued department insignia, and
which meet the requirements of reasonable standards of health and safety
as set forth in this subchapter.
NOTE: Authority cited: Sections 17003.5 and 18015, Health and Safety Code. Ref-
erence: Sections 18025, 18028, 18029.5 and 18031.5, Health and Safety Code.
History
1. New Article 1.1 (§§ 4049.1-4049.17, not consecutive) filed 5-30-75; desig-
nated effective 7-1-75 (Register 75, No. 22).
2. Repealer of Article 1 . 1 (Sections 4049. 1-4049. 17, not consecutive) and new Ar-
ticle 1.1 (Sections 4049.1^049.17, not consecutive) filed 12-23-77 as an
emergency; effective upon filing. Certificate of Compliance included (Register
77, No. 52). For prior history, see Registers 75, No. 43 and 76, No. 5.
3. Amendment filed 4-2-81; effective thirtieth day thereafter (Register 81, No.
14).
4. Repealer of Article 1 . 1 (Sections 4049. 1 -4049. 1 7, not consecutive) and new Ar-
ticle 1.1 (Sections 4049.1-4049.9, not consecutive) filed 7-28-82 as an emer-
gency; effecUve upon filing (Register 82, No. 31). For prior history, see Regis-
ters 80, No. 45 and 79, No. 51 . A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 1 1-25-82.
§ 4049.3. Structural, Fire Safety and Energy Requirements.
(a) In lieu of the requirements of Section 4050(b), the structural, fire
safety and energy equipment and installations of manufactured homes
and mobile homes manufactured on or after September 1 5, 1 97 1 , and be-
fore June 15, 1976, shall conform to the following:
(1) Minimum Requirements. The design and construction of a man-
ufactured home or mobile home shall conform with the provisions of this
article. Requirements for any size, weight, or quality of material modi-
fied by the terms of "minimum," "not less than," "at least," and similar
expressions are minimum standards.
(2) Construction. All construction methods shall be in conformance
with accepted engineering practice standards to ensure durable, livable,
and safe housing. Exposed metal structural members shall be protected
to resist corrosion.
(3) Structural Analysis. The strength and rigidity of the component
parts and/or the integrated structure shall be determined by engineering
analysis.
(4) Design Dead Loads. Design dead loads shall be actual dead load
supported by the structural assembly under consideration.
(5) Design Live Loads. The design live loads shall be as specified in
Sections 4049.3 (a)(6), (7), (8), (10), (13), (16) and (17) and shall be con-
sidered to be uniformly distributed. The roof live load shall not be consid-
ered as acting simultaneously with the wind load and the roof and floor
Uve loads shall not be considered as resisting the overturning moment
due to wind.
(6) Wind Loads. Manufactured homes or mobile homes shall be de-
signed to withstand minimum horizontal and uplift pressures from any
direction as follows:
Horizontal 15 lb/ft2
Vertical (horizontal projection) 9 Ib/ft'^ uplift
Unit stresses may be increased in accordance with the applicable ac-
cepted engineering practice standards.
(7) Roof Loads. Flat, curved and pitched roof members shall be de-
signed to sustain all loadings as follows:
(A) All dead loads plus a minimum unit live load of 20 Ib/ft-^
(B) A vertical uplift load of 9 Ib/ft^
(8) Snow Loads. Where it is known that the manufactured home or mo-
bile home will be subjected to snow loads, the manufactured home or mo-
bile home shall be designed for the appropriate loads. Unit stresses may
be increased in accordance with applicable accepted engineering prac-
tice standards.
(9) Fastening of Structural Systems. Roof framing shall be securely
fastened to wall framing, walls to floor structure, and floor structure to
chassis to secure and maintain continuity between the floor and chassis,
so as to resist wind overturning and sliding as imposed by design loads
:'in Section 4049.3(a)(6).
(10) Walls. The walls shall be of sufficient strength to withstand the
load requirements as defined in Section 4049.3(a)(6), (7) and (8) and
without exceeding the deflections specified in Section 4049.3(a)(16).
The connections between the bearing walls, floor, and roof framework
members shall be fabricated in such a manner as to provide support for
the material used to enclose the manufactured home or mobile home and
to provide for transfer of all lateral and vertical loads to the floor and
chassis.
(11) Interior Walls. Interior walls shall be constructed with structural
capacity adequate for the intended purpose and shall be capable of resist-
ing a horizontal load of not less than five pounds per square foot.
(12) Firestopping. Firestopping shall be provided in multistory man-
ufactured homes or mobile homes to cut off all concealed draft openings
in all stud walls and partitions, including furred spaces, so placed that the
Page 109
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§ 4049.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
maximum vertical dimension of any concealed space is not over eight
feet.
(13) Floors.
(A) Floor assemblies shall be designed in accordance with accepted
engineering practice standards to support a minimum uniform live load
of 40 lb/ft- plus the dead load of the materials, hi addition (but not simul-
taneously), floors shall be able to support a 200-pound concentrated load
on a two inch diameter disc at the most critical location with a maximum
deflection not to exceed one-eighth inch relative to floor framing. Perim-
eter joists of more than six inches depth shall be stabilized against over-
turning from superimposed loads as follows: at ends by solid blocking
not less than two inch thickness by full depth of joist, or by connecting
to a continuous header not less than two inch thickness and not less than
the depth of the joist with connecting device; at eight feet maximum in-
termediate spacing by solid blocking or by wood cross-bridging of not
less than one inch by three inches, metal cross-bridging of equal
strength, or by other approved methods.
(B) Wood floors or subfloors in kitchen, bathrooms (including toilet
compartments), laundry rooms, water heater compartments, and any oth-
er areas subject to excessive moisture shall be moisture resistant or shall
be made moisture resistant by sealing or by an overlay of nonabsorbent
material appUed with water-resistant adhesive.
(14) Carpet. Carpet and/or carpet pads shall not be installed in con-
cealed spaces subject to excessive moisture such as under plumbing fix-
tures. Carpet and/or pads shall not be installed beneath the bottom plate
of shear and bearing walls.
(15) Underfloor Closure Material. Underfloor closure material and
method of construction shall be such as to resist damage which would
permit penetration of the underside of the manufactured home or mobile
home by water, rodents or insects.
(16) Deflections. Deflection of structural assemblies shall not exceed
the following:
Floor L/240
Roof and Ceiling Members L/180
Sidewalk L/180
Where L = the clear span between supports or two times the length of
a cantilever.
(17) Roof Members. Roof members shall be capable of withstanding
the loads and meet the deflection requirements of Sections 4049.3(a)(6),
(7), (8), and (16).
(18) Roof Coverings.
(A) General. Roof coverings shall be securely fastened in an approved
manner to the supporting roof construction and shall provide weather
protection for the manufactured home or mobile home and the occupants.
All roof decks shall be designed with sufficient slope or camber to assure
adequate drainage, or shall be designed to support maximum loads in-
cluding possible ponding of water due to deflection. Roof covering shall
be installed pursuant to the manufacturer's instructions and as approved
by the department.
(B) Construction. All roofs shall be so framed and tied into the frame-
work and supporting walls as to form an integral part of the manufactured
home or mobile home. All trusses shall be laterally braced.
(19) Weather Resistance. Exterior covering shall be of moisture and
weather resistive materials attached with corrosion resistant fasteners to
resist wind and rain. Metal coverings shall be of corrosion resistant mate-
rials.
(20) Rodent Resistance. Exterior surfaces shall be sealed to resist the
entrance of rodents.
(21) Heat Loss. The total calculated heat loss of the living unit at the
outdoor design temperature shall not exceed 40 Btu/hr/ft^ of the total
floor area or 275 Btu/hr lineal ft. of the perimeter of the space to be heated
to 70° F, whichever is greater. The minimum total resistance value (R),
excluding framing, of the wall (less windows and doors), ceiling, and
floor shall not be less than:
Wall 8.0
Ceiling 16.0
Floor 10.0
(22) "R" values and "U" factors shall be calculated in accord with the
provisions of Chapter 20 of the 1972 ASHRAE Handbook of Fundamen-
tals (American Society of Heating, Refrigerating, and Air Conditioning
Engineers, 345 East 74th Street. New York, New York 10017).
(23) Framing Heat Loss. In the absence of specific data, for the pur-
pose of heat loss calculations, the following framing areas shall be as-
sumed;
Wall 20% of net wall area (less windows)
Ceiling 5% of total ceiling area
Floor 1 0% of net floor area (less duct area)
(24) Infiltration Heat Loss. The following shall be used to estimate in-
filtration heat loss, or infiltration heat loss may be calculated using the
method in Chapter 19 of the 1972 ASHRAE Handbook of Fundamentals
(American Society of Heating, Refrigerating, and Air Conditioning En-
gineers, 345 East 74th Street, New York, New York 10017).
Outside Design Infiltration
Temperature Allowance
Degrees F Btu/hr
40 3.330
30 4,440
20 5.550
10 6.660
0 7,770
minus 10 8,880
minus 20 9.990
minus 30 11,100
minus 40 12,210
(25) Light and Ventilation. Adequate provisions shall be made for
light and ventilation in accordance with the following:
(A) Habitable Rooms. Habitable rooms shall be provided with exterior
windows or doors having a total glazed area of not less than 10 percent
of the gross floor area. An area equivalent to not less than 5 percent of
the gross floor area shall be available for unobstructed ventilation.
Glazed areas need not be openable where a mechanical ventilation sys-
tem is provided and is capable of producing a change of air in the room(s)
every thirty minutes with not less than one-fifth of the air supply taken
from outside the manufactured home or mobile home. However, kitchens
may be provided with artificial light and mechanical ventilation capable
of producing a change of air in the room every 30 minutes. Windows and
doors used for light or ventilation shall open directly to the outside of the
manufactured home or mobile home.
(B) Bathroom. Each bathroom shall be provided with artificial hght
and, in addition, be provided with external windows or doors having not
less than 1-1/2 square feet of fully openable glazed area, except where
a mechanical ventilation system is provided capable of producing a
change of air every 12 minutes. Any mechanical ventilation system shall
exhaust directly to the outside of the manufactured home or mobile
home.
(26) Ceiling Height. Every habitable room shall have a minimum ceil-
ing height of not less than seven feet in at least 50 percent of its required
area with no portion of the required area less than five feet in height. Hal-
lways shall have a minimum ceiling height of six feet, six inches.
(27) Exit Facilities.
(A) Manufactured homes or mobile homes shall have a minimum of
two exterior doors located remote from each other and so arranged as to
provide a means of unobstructed travel to the outside of the manufactured
home or mobile home.
(B) Exterior doors shall be constructed for exterior use and in no case
provide less than a 28-inch-wide clear opening. Each exterior door shall
have a key-operated lock. The locking mechanism of the lock shall be
engaged or disengaged by the use of a lever, knob, button, handle, or oth-
er device from the inside. Locks shall not require the use of a key for oper-
ation from the inside.
•
Page 110
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Title 25
Factory-Built Housing and Mobile Homes
§ 4049.3
(C) Every room designed expressly for sleeping purposes, unless it has
an exit door (see Section 4049.3(a)(27)(B)), shall have at least one out-
side window which can be opened from the inside without the use of tools
to provide a clear opening of not less than 22 inches in least dimension
and five square feet in area with the bottom of the opening not more than
four feet above the floor. Where a screen or storm window must be re-
moved from this window to permit emergency egress, it shall be readily
removable without requiring the use of tools.
(28) Interior Passage. Interior doors having passage hardware without
a privacy lock, or with a privacy lock not engaged, shall open from either
side by a single movement of the hardware mechanism in any direction.
(29) Every manufactured home or mobile home shall have at least one
habitable room with not less than 1 50 square feet of gross floor area.
Rooms designed for sleeping purposes shall have a minimum gross
square foot floor area as follows:
One person 50
Two persons 70
Each person in excess of two 50
(30) No habitable room, except a kitchen, shall be less than five feet
in any clear horizontal dimension.
(31) Hallways shall have a minimum horizontal dimension of 28 in-
ches.
(32) Glazing in hazardous locations shall comply with Table MH-1.
Table MH-1 Glazing in the Following Specific Hazardous Locations
Shall Meet the Following Requirements
Size of
Specific Hazardous Individual
Locations Glazed Area
Glazing in exit and entrance
doors Over 6 sq. ft.
firmly attached to stiles on
each exposed side.
Glazing in storm doors Over 2 sq. ft.
firmly attached to stiles on
each exposed side.
Glazing in sliding exterior
doors All Sizes
Glazing in all unframed
doors (swinging) All Sizes
the requirements of ANSI
Standard Z97. 1.3
Glazing in shower doors
and tub enclosures All Sizes
Standard Z97. 1.3
Other fixed glazed panels
located within 12 inches
on either side of exit
and entrance doors All Sizes
Requirements -
Each glazed area shall pass the
requirements of ANSI Standard
Z97.1 3 if not protected by a
protective grille '
Each glazed area shall pass
the requirements of ANSI
Standard Z97.1 3 if not pro-
tected by a protective grille '
Each glazed area shall pass
the requirements of ANSI
Standard Z97. 1.3
Each glazed area shall be
fully tempered glass and pass
Each glazed area shall pass
the test requirements of ANSI
Each glazed area within 1 8
inches of the floor shall pass
the requirements of ANSI
Standard Z97.1 3 unless the
glazed area is protected by a
barrier within 12 inches im-
mediately in front of the
glazing.
' Shall be constructed and attached in such a manner so as to prevent human impact
from being delivered to glass surface.
2 Annealed glass less than single strength (SS) in thickness shall not be used. If
short dimension is larger than 24 inches, annealed glass must be double strength
(DS) or thicker.
3 American National Standard Performance Specifications and Methods of Test
for Safety Glazing Material Used in Buildings, as approved January 20, 1972,
American National Standards Insfitute, 1430 Broadway, New York, New York
10018.
(33) Fire Warning Equipment. At least one listed smoke detector
(which may be a single station alarm device) shall be installed in each
manufactured home or mobile home.
For the purpose of this article, a "smoke detector" is a device which
detects visible or invisible particles of combustion. A "single station
alarm device" is an assembly incorporating a detector and an alarm
sounding device in one unit, operated from a power supply either in the
unit or obtained at the point of installation. Detectors shall operate from
an AC, monitored battery, or combination AC/battery power source.
(34) Smoke Detector Location. Smoke detector(s) shall be located out-
side of bedrooms or in a hallway or space communicating thereto, on or
near the ceiling, and shall be installed in accordance with the manufactur-
er's instmctions. Manufactured homes or mobile homes having bed-
rooms separated by any one or a combination of common use areas, such
as a kitchen, dining room, living room, or family room (but not a bath-
room or utility room), shall have at least two detectors.
(35) Alarm Sounding Device. Every smoke-detector shall have an op-
erable alarm signaling device or devices which is clearly audible in all
bedrooms with all intervening doors closed and is rated not less than 85
decibels at 1 0 feet.
(36) Detector Trouble Signals. Detectors requiring a light source for
operation shall have an audible trouble signal on failure of the light
source, but such failure shall not cause an alarm. Detectors not requiring
a light source for operation shall have either a visible light to indicate op-
erability or an audible trouble signal. Audible trouble signals shall be de-
signed to operate at least every minute for seven consecutive days.
(b) The structural, fire safety and energy equipment and installation of
commercial coaches shall comply with the applicable provisions of this
subchapter.
(c) The fire safety equipment and installations of recreational vehicles
manufactured on or after January 1 , 1974, shall conform to the following:
(1) Interior Walls, Partitions, and Ceiling. The interior surfaces of
walls, fixed or movable partitions, and ceilings of habitable areas and hal-
lways, excluding bath and toilet rooms, molding, doors, trim, cabinets,
splash panels and furnishings, shall be of materials whose flame-spread
classification shall not exceed 200 when tested by the Standard Method
of Test for Surface Burning Characteristics of Building Materials as pro-
vided in the American Society for Testing and Materials (ASTM) desig-
nation E84-70^'1973 Annual Book of ASTM Standards (ASTM, 1916
Race Street, Philadelphia, PA 19103).
(2) Where the walls, partitions or ceilings consist of textile or film ma-
terials such as tent fabric, insect screening, flexible plastic weather pro-
tection, etc., they shall conform to the requirements of Paragraphs S4.3
and S5 of Federal Motor Vehicle Safety Standard No. 302, "Flammabil-
ity of Interior Materials (Title 49, CFR 571.302)."
(3) In lieu of the requirements of Section 4049.3(c)(1) and (2) a listed
battery operated smoke detector may be installed in accordance with the
equipment manufacturer's installation instructions.
(4) Recreational vehicles shall have a minimum of two means of
egress located remote from each other and so arranged as to provide a
means of unobstructed travel to the outside of the vehicle.
(5) The alternate means of egress in motor homes and truck campers
shall be located on a wall other than that wall in which the main vehicle
exit door is located, or shall be located in the roof.
(6) The bottom of the alternate means of egress shall not be more than
four (4) feet above the vehicle floor or above a readily accessible horizon-
tal surface capable of supporting a weight of 300 pounds.
(7) The latch mechanism of any required exit facility shall be operable
by hand, and shall not require the use of a key or special tool for operation
from the inside.
(8) The alternate exit shall provide an opening large enough to admit
unobstructed passage, keeping the major axis horizontal at all times, of
an ellipsoid generated by rotating about its minor axis an ellipse having
a major axis of 20 inches and a minor axis of 13 inches.
Page 111
(4-1-90)
§ 4049.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
9) Alternate exits shall be labeled with the word "EXIT" with 1/2"
minimum letters on a contrasting background.
NOTE: Authority cited: Sections 1 7003.5 and 1 80 1 5, Health and Safety Code. Ref-
erence: Sections 18025, 18028, 18029.5 and 18031.5 Health and Safety Code.
History
I. Editorial coiTection filed 1 1-19-82 (Register 82, No. 47).
§ 4049.5. Plumbing Requirements.
(a) The plumbing equipment and installations for manufactured
homes, mobile homes, coinmercial coaches and recreational vehicles
shall conform to the applicable provisions of this subchapter.
NOTE: Authority cited: Sections 1 7003.5 and 1 801 5, Health and Safety Code. Ref-
erence: Section 18025, Health and Safety Code.
§ 4049.7. IVIechanlcal Requirements.
(a) The heating, cooling, fuel-burning equipment and installations of
iTianufactured homes or mobile homes manufactured after September 1,
1958 and prior to June 15, 1976, and all recreational vehicles shall con-
form to the applicable provisions of this subchapter with the following
exceptions:
(1) Gas ranges installed in manufactured homes, mobile homes and
recreational vehicles manufactured prior to May 1 , 1 962, are required to
be listed by an approved testing agency, and installed in accordance with
the terms of their listing.
(2) Gas fired refrigerators and clothes dryers installed in manufactured
homes, mobile homes and recreational vehicles manufactured prior to
August 15, 1963, are required to be listed by an approved testing agency,
and installed in accordance with the terms of their listing.
(3) Gas fired furnaces and water heaters installed in manufactured
homes, mobile hoines and recreational vehicles manufactured prior to
January 1 , 1965, are permitted to be installed in a separate enclosed space
completely isolated from the living spaces; any access to the enclosed
space from the living space, must have a tight fitting door, with a tag stat-
ing "This door must be closed when heater is in operation." Heating
appliances must be Hsted by an approved testing agency and installed in
accordance with the manufacturer's installation instructions. No furnace
or water heater shall be installed in a bedroom, bathroom or clothes clos-
et.
(4) Manufactured homes, mobile homes and recreational vehicles
manufactured prior to September 1 , 1 967, are not required to have a gas
shut-off valve ahead of each appliance in the gas piping system.
(5) Gas ranges installed in manufactured homes, mobile homes and
recreational vehicles manufactured prior to September 1, 1964, are re-
quired to have vertical clearances above the cooking top to combustible
materials, in accordance with terms of their listing.
(b) The heating, cooling, fuel-burning equipment and installation
thereof for commercial coaches shall comply with applicable provisions
of this subchapter.
NOTE: Authority cited: Sections 17003.5 and 1801 5, Health and Safety Code. Ref-
erence: Section 18025, Health and Safety Code.
History
1. Editorial con-ection of subsection (a) filed 11-19-82 (Register 82, No. 47).
§ 4049.9. Electrical Requirements.
(a) The electrical equipment and installation of manufactured homes
or mobile homes manufactured after September 1 , 1958 and prior to June
15, 1976, and all recreational vehicles shall conform to the applicable
provisions of this subchapter with the following exceptions:
(1) Manufactured homes, mobile homes and recreational vehicles
manufactured prior to September 1 , 1964, require only one (1) 20 ampere
appliance circuit in the kitchen and one (1) 15 ampere general purpose
lighting circuit. Units with not more than a total of six (6) lighting outlets
and general appliance and convenience outlets combined, shall have not
less than one (1) 20 ampere no. 12 gauge copper wire circuit to supply
these outlets and the total rating of fixed appliances connected to this cir-
cuit shall not exceed nine (9) amperes or one thousand (1,000) watts.
(2) Manufactured homes, mobile homes and recreational vehicles
manufactured prior to September 1 , 1 964, require receptacle outlets in-
stalled every twenty (20) linear feet or major fraction thereof for the total
(gross) distance around the room as measured horizontally along the wall
at the floor line.
(3) Manufactured homes, mobile homes and recreational vehicles
manufactured prior to September 1, 1964, shall have grounding type re-
ceptacles for laundry appliances and exterior locations or shall have the
circuits or receptacles protected by a ground-fault interrupter.
(4) Manufactured homes, mobile homes and recreational vehicles
manufactured prior to September 1 , 1975, are not required to have electri-
cal ground-fault circuit protection, except as permitted by Section
4049.9(a)(3).
(5) Manufactured homes, mobile homes and recreational vehicles
with aluminum 15 and 20 ampere branch circuit wiring shall have listed
CO/ALR receptacles and switches or the circuits connected to the recep-
tacles and switches by copper conductors in the outlet box with listed
wire nuts or wire connectors (pigtailed).
(6) Manufactured homes, mobile homes and recreational vehicles
manufactured prior to June 15, 1976, are not required to have an exterior
receptacle at the water connection to energize a heat tape.
(b) The electrical equipment and installation thereof for commercial
coaches shall comply with the applicable provisions of this subchapter.
NOTE: Authority cited: Sections 1 7003.5 and 1 801 5, Health and Safety Code. Ref-
erence: Section 18025, Health and Safety Code.
History
1. Editorial correction of subsection (a) filed 1 1-19-82 (Register 82, No. 47).
Article 1.2. Mobile/Factory-Built Housing
§ 4049.50. Application and Scope.
The more restrictive provisions of Chapter 3, Subchapters 1 and 2,
Title 25, of the California Administrative Code, relating to construction,
fire safety, electrical, mechanical, plumbing, and occupancy apply to all
mobile/factory-built units manufactured and sold or offered for sale in
California.
(a) Standards for Equipment and Installations. Standards for equip-
ment and installations are listed in the California Administrative Code,
Title 25, in Chapter 3, Subchapters 1 and 2.
(b) Standards for Construction, Fire Safety, Electrical, Mechanical,
Plumbing, and Occupancy. The construction, fire safety, electrical, me-
chanical, plumbing and occupancy requirements of a mobile/factory
built unit shall conform to the most restrictive requirements of the Cali-
fornia Administrative Code, Title 25, Chapter 3.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18000-18080.5 and 19960-19997, Health and Safety Code.
History
1. New Article 1.2 (Sections 4049.50, 4049.53, 4049.59) filed 9-26-75; effective
thirtieth day thereafter (Register 75, No. 39).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4049.53. Plan Approval.
All manufacturers who plan to construct mobile/factory built units for
sale in California shall submit an application to the department together
with plans, specifications, quality control manual, and fees pursuant to
the following.
(a) The plans, specifications, and quality control manual shall conform
to and incorporate the most restrictive requirements of, the California
Administrative Code, Title 25, Chapter 3, Subchapters 1 and 2.
(b) The fees shall be paid in accordance with Section 4044 of this sub-
chapter.
(c) When the mobile/factory built unit has been certified by the depart-
ment as complying with Title 25, Chapter 3, Subchapters 1 and 2, the
manufacturer shall furnish a minimum of two sets of the approved plans,
containing a resume of what installation work is to be done on site, to the
installer who shall submit one set to the local enforcement agency prior
to installation.
(d) mobile home and mobile/factory built housing shall not have the
same department plan approval numbers.
Page 112
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
§4060
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18000-18080.5, 19960-19997, Health and Safety Code.
History
1. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
2. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
§ 4049.59. Insignia.
All mobile/factory built housing units manufactured pursuant to this
article shall have mobile home insignia issued pursuant to Sections
4032^037 of this chapter.
(a) Factory-Built Housing Insignia. A manufacturer may request the
department to certify mobile/factory built housing unit(s) bearing a de-
partment insignia. Upon approval by the department, a factory-built
housing insignia may be issued pursuant to the California Administrative
Code, Title 25, Chapter 3, Subchapter 1, Sections 3135-3141.
(b) Upon receipt of application and fees for certification, the depart-
ment shall make an inspection of the mobile/factory-built housing unit
and if the unit complies with all the requirements of the Cahfornia Ad-
ministrative Code, Title 25, Chapter 3, Subchapter 1, the department
shall issue insignia pursuant to the California Administrative Code, Title
25, Chapter 3. The mobile home insignia issued pursuant to this article
shall be reappropriated by the department.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18000-18080.5 and 19960-19997, Health and Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
Article 2. Mobile Homes
Subarticlel. Application
§ 4050. Application and Scope.
(a) The provisions of the Federal Mobile Home Procedural and En-
forcement Regulations and Constmction and Safety Standards relating
to construction and fire safety apply to all mobile homes manufactured
on or after June 15, 1976, bearing or required to bear a Title VI (24
C.F.R.) label.
(b) The provisions of National Fire Protection Association Standard
(NFPA) 501 B, 1974 Edition/American National Standards Institute
Standard (ANSI) A 11 9.1, 1975 Edition, Part B, relating to construction
and fire safety apply to all mobile homes manufactured between Septem-
ber 15, 1971, and June 14, 1976, and sold, offered for sale, rent, or lease
within this state.
(c) The provisions of Federal Mobile Home Construction and Safety
Standards relating to construction and fire safety are applicable to the al-
teration or conversion of any construction or fire safety equipment or in-
stallations in any mobile home manufactured after September 15, 1971,
bearing or required to bear a department insignia or Title VI (24 C.F.R.)
label.
(d) The provisions of Federal Mobile Home Construction and Safety
Standards relating to constinction and fire safety are applicable to any ad-
dition to a mobile home manufactured after September 1, 1958, bearing
or required to bear a department insignia or Title VI (24 C.F.R.) label.
(e) The provisions of Federal Mobile Home Construction and Safety
Standards relating to plumbing, heating, cooling, fuel burning, and elec-
trical equipment and installations apply to any mobile home manufac-
tured after September 1, 1958, bearing or required to bear a department
insignia or Title VI (24 C.F.R.) label.
(f) The provisions of Federal Mobile Home Construction and Safety
Standards relating to plumbing, heating, cooling, fuel burning, and elec-
trical equipment and installations are applicable to the alteration, conver-
sion, or addition of any plumbing, heating, cooling, fuel burning, and
electrical equipment and installations in any mobile home manufactured
after Septeinber 1 , 1958, bearing or required to bear a department insig-
nia or Title VI (24 C.F.R.) label.
(g) The Federal Mobile Home Procedural and Enforcement Regula-
tions and Construction and Safety Standards (Title VI, 24 C.F.R.) are re-
produced in Article 2, Divisions 2 and 3 of this subchapter for reference.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055-18058, Health and Safety Code.
History
1. Amendment filed 5-4-79: effective thirtieth day thereafter (Register 79, No.
18).
Effective Date
Note: Authority cited: Secfion 18020, Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
1. Repealer of Article 2 (Sections 4050-4339, not consecutive) and Appendix
MH-P, and new Article 2 (Sections 4050-4070, not consecutive) filed 6-1 5-76
as an emergency; effective upon filing (Register 76, No. 25). For history of for-
mer Article 2, see Registers 71, No. 30, 71, No. 47, 73, No. 36, 74, No. 1, 74,
No. 9, 75, No. 30, 75, No. 48, and 76, No. 5.
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment to Section 4050 filed 7-30-76 as an emergency; effective upon fil-
ing (Register 76, No. 31).
4. Certificate of Compliance filed 10-22-76; (Register 76, No. 43).
5. Amendment of section and NOTE filed 6-9-77; designated effective 9-1-77
(Register 77, No. 24).
6. Repealer filed 5-4-79; effecdve thirtieth day thereafter (Register 79, No. 18).
Subarticle 2. Title VI Procedural and
Enforcement Regulations
§ 4060. Application.
The following Federal Procedural and Enforcement Regulations (Title
VI, 24 C.F.R.) are reproduced for the user of these regulations.*
Note: Authority cited: Section 18020, Health Safety Code. Reference: Sections
18055, 18055.5, Health & Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
NOTE: These regulations are promulgated by the United States Department of
Housing and Urban Development pursuant to Title VI, 24 CFIR, authority.
These regulations are subject to interpretation and amendment from time to time
with nodce of such interpretation and amendment appearing in the Federal Reg-
ister.
PART 3282
Subpart A. General
Section
3282.1.
Scope and Purpose.
3282.2.
Program Implementation Authority.
3282.3.
Establishment of Office.
3282.4.
Director.
3282.5.
Principal Divisions.
3282.6.
Separability of Provisions.
3282.7.
Definitions.
3282.8.
ApplicabiHty,
3282.9.
Computation of Time.
3282.10.
Civil and Criminal Penalties.
3282.11.
Preemption and Reciprocity.
Subpart B. Formal Procedures
Section
3282.51.
Scope.
3282.52.
Address of Communications.
3282.53.
Service of Process on Foreign Manufacturers and Importers.
3282.54.
Public Information.
Subpart C. Rules and Rulemaking Procedures
Section
3282.101.
Scope and Purpose.
3282.102.
Regulatory Docket.
Page 113
Register 96, No. 37; 9-13-96
§4060
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3282.103. Initiation of Rulemaking.
3282. 104. Advanced Notice of Proposed Rulemaking.
3282.105. Notice of Proposed Rulemaking.
3282.106. Participation by Interested Persons.
3282.107. Contents of Written Comments.
3282.108. Consideration of Comments Received.
3282.109. Additional Rulemaking Proceedings.
3282. 1 1 Q. Effective Date of Standards.
3282. 111. Petitions for Reconsideration of Final Rules.
3282.112. Rulemaking on the Basis of Cost Information Submitted.
3282. 1 13. Interpretive Bulletins.
Subpart D. Hearings, Presentation of Views, and Investigations
Section
3282.151. Applicability and Scope.
3282.152. Procedures for Hearings and Presentation of Views.
3282.153. Public Participation in Hearings or Presentation of Views.
3282. 1 54. Petition for Hearings or Presentation of Views, and Request for
Extraordinary Interim Relief.
3282.155. Investigation.
3282. 1 56. Petitions for Investigation.
Subpart E. Manufacturer Inspection and
Certification Requirements
Section
3282.201 . Scope and Purpose.
3282.202. Primary Inspection Agency Contracts.
3282.203. DAPI A Services.
3282.204. IPIA Services.
3282.205. Certification Requirements.
3282.206. Disagreement with IPIA or DAPIA.
3282.207. Transition Certification Program.
3282.208. Remedial Actions — General Description.
3282.209. Report Requirements.
3282.210. Payment of Monitoring Fees.
3282.21 1 . Record of Purchasers.
Subpart F. Dealer and Distributor Responsibilities
Section
3282.251.
3282.252.
3282.253.
3282.254.
3282.255.
3282.256.
Scope and Purpose.
Prohibition on Sale.
Removal of Prohibition of Sale.
Distributor and'Dealer Alterations.
Completion of Information Card.
Distributor or Dealer Complaint Handling.
Subpart G. State Administration Agencies
Section
3282.301. General— Scope.
3282.302. State Plan.
3282.303. State Plan— Suggested Provisions.
3282.304. Inadequate State Plan.
3282.305. State Plan Approval.
3282.306. Withdrawal of State Approval.
3282.307. Monitoring Inspection Fee Establishment and Distribution.
3282.308. State Participation in Monitoring of Primary Inspection Agen-
cies.
3282.309. Hearings and Presentations of Views Held by SAAs.
Subpart H. Primary Inspection Agencies
Section
3282.351. General.
3282.352. State Exclusive IPIA Functions.
3282.353. Submission Format.
3282.354. Submittal of False Information or Refusal to Submit Information.
3282.355. Submission Acceptance.
3282.356. Disqualification and Requalification of Primary Inspection
Agencies.
3282.357. Background and Experience.
3282.358. Personnel.
3282.359. Conflict of Interest.
3282.360. PIA Acceptance of Product Certification or Listings.
3282.361. Design Approval Primary Inspection Agency (DAPIA).
3282.362. Production Inspecfion Primary Inspecdon Agencies (IPIAs).
3282.363. Right of Entiy and Inspection.
3282.364. Inspection Responsibilities and Coordination.
3282.365. Forwarding Monitoring Fee
Subpart I. Consumer Complaint Handling
and Remedial Actions
Section
3282.401. Scope.
3282.402. Purpose.
3282.403. Consumer Complaint and Information Referral.
3282.404. Manufacturer Initiated Response.
3282.405. Notification Pursuant to Manufacturer's Determination.
3282.406. SAA or Secretarial Initiated Response.
3282.407. Nodficafion Pursuant to Administradve Determination.
3282.408. Required Manufacturers Correcdon.
3282.409. Reimbursement for Prior CoiTecdon by Owner.
3282.410. Manufacturers Plan for Nodficadon and Correcdon.
3282.41 1. Contents of Nodce.
3282.412. Time for Implementadon of Plan.
3282.413. Compledon of Remedial Acdons and Report.
3282.414. Replacement or Repurchase of Mobile Home from Purchaser.
3282.415. Mobile Home in the Hands of Dealers and Distributors.
3282.416. Notices, Bulledns and Other Communicadons.
3282.417. Supervision of Nodfication and Correction Acdons.
Subpart J. Monitoring of Primary Inspection Agencies
Secdon
3282.451. General.
3282.452. Participadon in Monitoring.
3282.453 Frequency and Extent of Monitoring.
3282.454. Monitoring Inspecdon Fee.
•
Secdon
3282.501.
3282.502.
3282.503.
Subpart K. Departmental Oversight
General.
Departmental Implementation.
Determination and Hearings.
Subpart L. Manufacturer, IPIA and SAA Reports
Section
3282.551.
3282.552.
3282.553.
3282.544.
Scope and Purpose.
Manufacturers Reports for Joint Monitoring Fees.
IPIA Reports.
SAA Reports.
Note: Authority: Sec. 625 of the Nadonal Mobile Home Construcdon and Safety
Standards Act of 1974, Tide VI of Pub. L. 93-383, 42 U.S.C. 5401, sec.7(d) of the
Department of HUD Act, 42 U.S.C. 3535(d).
PART 3282
Subpart A. General and Organization
3282.1. Scope and Purpose.
(a) The National Mobile Home Construction and Safety Standards Act
of 1974 (Title VI of Pub. L. 93-383, 88 Stat. 700, 42 U.S.C. 5401 , et seq.)
(hereinafter referred to as the Act), requires the Secretary of the Depart-
ment of Housing and Urban Development to establish Federal mobile
home construction and safety standards and to issue regulations to carry
out the purpose of the Act. The standards promulgated pursuant to the Act
appear at Part 280 of Chapter II of this title, and apply to all mobile homes
manufactured for ale to purchasers in the United States on or after the ef-
fective date of the standards (June 15, 1976). A mobile home is manufac-
tured on or after June 15, 1976, if it enters the first stage of production
on or after that date.
(b) The Secretary is also authorized by the Act to conduct inspections
and investigations necessary to enforce the standards, to determine that
Page 114
Register 96, No. 37; 9-13-96
Title 25
Factory-Built Housing and Mobile Homes
§4060
a mobile home fails to comply with an applicable standard or contains a
defect or an imminent sal^ty hazard, and to direct the manufacturer to fur-
nish notification thereof, and in some cases, to remedy the defect or im-
minent safety hazard. The purpose of this part is to prescribe procedures
for the implementation of these responsibilities of the Secretary under the
Act through the use of private and state inspection organizations and
cooperation with State mobile home agencies. It is the policy of the De-
partment to involve State agencies in the enforcement of the Federal mo-
bile home standards to the maximum extent possible consistent with the
capabilities of such agencies and the public interest.
3282.2. Program Implementation and Authority.
(a) The Secretary has delegated to the Assistant Secretary for Consum-
er Affairs and Regulatory Functions all of the authority to exercise the
responsibilities of the Secretary under the Act except the power to sue
and be sued.
(b) The Secretary has further authorized the Assistant Secretary to re-
delegate any of the delegated authority to employees of the Department.
3282.3. Establishment of Office.
There is established, as a unit subordinate to the Assistant Secretary
for Consumer Affairs and Regulatory Functions, the Office of Mobile
Home Standards.
3282.4. Director.
The Office of Mobile Home Standards is headed by the Director, who
shall be named by the Assistant Secretary for Consumer Affairs and Reg-
ulatory Functions.
3282.5. Principal Divisions.
The following Divisions have been established within the Office of
Mobile Home Standards:
(a) Standards Coordination and Liaison Division.
(b) Enforcement and State Liaison Division.
(c) Investigation and Data Collection Division.
3282.6. Separability of Provisions.
If any clause, sentence, paragraph, section or other portion of Part
3282 shall, for any reason, be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined by its operation to the clause,
sentence, paragraph, or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
3282.7. Definitions.
The definitions in this subpart are those common to all subparts of the
regulations.
(a) "Act" means the National Mobile Home Construction and Safety
Standards Act of 1974, Title VI of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5401 et seq.).
(b) "Add-on" means any structure (except a structure designed or pro-
duced as an integral part of a mobile home) which, when attached to the
basic mobile home unit, increases the area, either living or storage, of the
mobile home.
(c) "Alteration" means the replacement, addition, and modification, or
removal of any equipment or installation after sale by a manufacturer to
a dealer or distributor but prior to sale by a dealer to a purchaser which
may affect the construction, fire safety, occupancy, plumbing, heat-pro-
ducing or electrical system. It includes any modification made in the mo-
bile home which may affect the compliance of the home with the stan-
dards, but it does not include the repair or replacement of a component
or appliance requiring plug-in to an electrical receptacle where the re-
placed item is of the same configuration and rating as the one being re-
placed. It also does not include the addition of an appliance requiring
"plug-in" to an electrical receptacle, which appliance was not provided
with the mobile home by the manufacturer, if the rating of the appliance
does not exceed the rating of the receptacle to which it is connected.
(d) "Certification label" see "label."
(e) "Certification Report" means the report prepared by an IPIA (see
definition z) for each mobile home manufacturing plant under 3282.203
in which the IPIA provides a complete description of the initial compre-
hensive inspection of the plant, an evaluation of the quality assurance
program under the approved quality assurance manual, and the identity
of the DAPIA (see definition z) which approved the designs and quality
assurance manual used in the plant. Where appropriate under
3282.362(b)(5), the certification report may be made by a DAPIA.
(f) "Component" means any part, material or appliance which is built
in as an integral part of the mobile home during the manufacturing pro-
cess.
(g) "Cost Information" means information submitted by a manufactur-
er under Section 607 of the Act with respect to alleged cost increases re-
sulting from action by the Secretary, in such form as to permit the public
and the Secretary to make an informed judgment on the validity of the
manufacturer's statements. Such term includes both the manufacturer's
cost and the cost to retail purchasers.
(h) "Date of Manufacture" means the date on which the label required
by 3282.205(c), is affixed to the mobile home.
(i) "Dealer" means any person engaged in the sale, leasing, or distribu-
tion of new mobile homes primarily to persons who in good faith pur-
chase or lease a mobile home for purposes other than resale.
(j) "Defect" means a failure to comply with an applicable Federal mo-
bile home safety and construction standard that renders the mobile home
or any part or component thereof not fit for the ordinary use for which it
was intended, but does not result in an unreasonable risk of injury or
death to occupants of the affected mobile home. See related definitions
of "imminent safety hazard" (definition q), "noncompliance" (definition
x), and "serious defect" (definition ff).
(k) "Department" means the Department of Housing and Urban De-
velopment.
(/) "Design" means drawings, specifications, sketches and the related
engineering calculations, tests and data in support of the configurations,
structures and systems to be incorporated in mobile homes manufactured
in a plant.
(m) "Director" means the Director of the Office of Mobile Home Stan-
dards.
(n) "Distributor" means any person engaged in the sale and distribu-
tion of mobile homes for resale.
(o) "Failure to Conform" means an imminent safety hazard related to
the standards, a serious defect, defect, or noncompliance and is used as
a substitute for all of those terms.
(p) "HUD" means the Department of Housing and Urban Develop-
ment.
(q) "Imminent Safety Hazard" means a hazard that presents an immi-
nent and unreasonable risk of death or severe personal injury that may or
may not be related to a failure to comply with an applicable Federal mo-
bile home construction or safety standard. See related definitions of "de-
fect" (definition j), "noncompliance" (definition x) and "serious defect"
(definition ff).
(r) "Joint Monitoring Team" means a monitoring inspection team
composed of personnel provided by the various State Administrative
Agencies, or by HUD or its contract agent, operating under a contract
with HUD for the purpose of monitoring, or otherwise aiding in the en-
forcement of the Federal standards.
(s) "Label" or "certification label" means the approved form of certifi-
cation by the manufacturer that, under 3282.362(c)(2)(i), is permanenUy
affixed to each transportable section of each mobile home manufactured
for sale to a purchaser in the United States.
(t) "Manufacturer" means any person engaged in manufacturing or as-
sembling mobile homes, including any person engaged in importing mo-
bile homes for resale.
(u) "Mobile Home" means a structure, transportable in one or more
sections, which when erected on site measures eight body feet or more
in width and thirty-two body feet or more in length, and which is built
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on a permanent chassis and designed to be used as a dwelling, with or
without a permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical sys-
tems contained therein.
(v) "Mobile Home Constaiction" means all activities relating to the as-
sembly and manufacture of a mobile home including but not limited to
those relating to durability, quality, and safety.
(w) "Mobile Home Safety" means the performance of a mobile home
in such a manner that the public is protected against any unreasonable
risk of the occurrence of accidents due to the design or constaiction of
such mobile home, or any unreasonable risk of death or injury to the user
or to the public if such accidents do occur.
(x) "Noncompliance" means a failure of a mobile home to comply
with a Federal mobile home constaiction or safety standard that does not
constitute a defect, serious defect, or imminent safety hazard. See related
definitions or "Defect" (definition j), "imminent safety hazard" (defini-
tion q), and "serious defect" (definition ff).
(y) "Owner" means any person purchasing a mobile home from any
other person after the first purchase of the mobile home, in good faith, for
purposes other than resale.
(z) "Primary Inspection Agency" (IPA) means a State or private orga-
nization that has been accepted by the Secretary in accordance with the
requirements of Subpart H of this Part. There are two types of PIA:
(1) Design Approval PIA (DAPIA), which evaluates and approves or
disapproves mobile home designs and quality control procedures, and
(2) Production Inspection PIA (IPIA), which evaluates the ability of
mobile home manufacturing plants to follow approved quality control
procedures and provides ongoing surveillance of the manufacturing pro-
cess. Organizations may act as one or both of these types.
(aa) "Purchaser" means the first person purchasing a mobile home in
good faith for purposes other than resale.
(bb) "Quality Assurance Manual" means a manual, prepared by each
manufacturer for its manufacturing plants and approved by a DAPIA
which contains: a statement of the manufacturer's quality assurance pro-
gram, a chart of the organization showing, by position, all personnel ac-
countable for quality assurance, a list of tests and test equipment re-
quired, a station-by-station description of the manufacturing process, a
list of inspections required at each station, and a list by title of personnel
in the manufacturer's organization to be held responsible for each inspec-
tion. Where necessary, the quality assurance manual used in a particular
plant shall contain information specific to that plant.
(cc) "To Red Tag" means to affix a notice to a mobile home which has
been found to contain an imminent safety hazard or a failure to conform
with any applicable standard. A "red tag" is the notice so affixed to the
mobile home.
(dd) "Secretary" means the Secretary of Housing and Urban Develop-
ment.
(ee) "Secretary's Agent" means a party operating as an independent
contractor under a contract with HUD.
(ff) "Serious Defect" means any failure to comply with an applicable
Federal mobile home construction and safety standard that renders the
mobile home or any part thereof not fit for the ordinary use for which it
was intended and which results in an unreasonable risk of injury or death
to occupants of the affected mobile home.
(gg) "Standards" means the Federal mobile home construction and
safety standards promulgated under section 604 of the Act, 42 U.S.C.
5403, as Part 280 of these regulations.
(hh) "State" includes each of the several States, the District of Colum-
bia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the
Canal Zone, and American Samoa.
(ii) "State Administrative Agency" (S AA) means an agency of a State
which has been approved or conditionally approved to carry out the State
plan for enforcement of the standards pursuant to section 623 of the Act,
42 U.S.C. 5422, and Subpart G of this part.
(jj) "State Plan Application" means the application of any State orga-
nization which is submitted to the Secretary for approval as a State Ad-
ministrative Agency under Subpart G.
(kk) "System" means a set or arrangement of materials or components
related or connected as to form an operating entity, i.e., heating, ventilat-
ing and air-conditioning systems, evaporative coolers.
(//) "Title I" means Title I of the National Housing Act, 12 U.S.C.
1701, which authorizes HUD to insure loans made for the purchase of
mobile homes that are certified as meeting HUD requirements for dwell-
ing quality and safety.
(mm) "United States District Courts" means the Federal district courts
of the United States and the United States courts of the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American
Samoa.
3282.8. Applicability.
(a) Mobile Homes. This part applies to all mobile homes that enter the
first stage of production on or after June 15, 1976, and to all mobile
homes that enter the first stage of production before June 15, 1976, to
which labels are applied under 3282.205(d).
(b) States. This Part applies to States that desire to assume responsibil-
ity under the Federal mobile home construction and safety standards en-
forcement program. It includes requirements which must be met in order
for State agencies to be approved by the Secretary under Section 623(c)
of the Act, 42 U.S.C. 5422(c). It also includes requirements for States
wishing to act as primary inspection agencies, as defined in 3282.7, or to
participate in monitoring activities under 3282.308.
(c) Primary Inspection and Engineering Organizations. This Part ap-
plies to each private inspection and engineering organization that wishes
to qualify as a primary inspection agency under Subpart H.
(d) Mobile Home Manufacturers. This Part appHes to all manufactur-
ers producing mobile homes for sale in the United States. It includes:
(1) Inspection procedures to be carried out in the manufacturing
plants.
(2) Procedures by which a manufacturer obtains approval of mobile
home designs.
(3) Procedures by which a manufacturer obtains approval of manufac-
turing quality control and assurance programs.
(4) Procedures by which a manufacturer may obtain production in-
spections and certification labels for its mobile homes.
(e) Mobile Home Dealers and Distributors. This Part applies to any
person selling, leasing, or distributing new mobile homes for use in the
United States. It includes prohibitions of the sale of new mobile homes
to which labels have not been affixed pursuant to Subpart H of these regu-
lations or that have been altered, damaged, or otherwise caused not to be
in compliance with the Federal standards.
(f) Purchasers, Owners and Consumers. This Part applies to purchas-
ers, owners and consumers of mobile homes in that it sets out procedures
to be followed when purchasers, owners and consumers complain to
manufacturers. States, the Secretary or others concerning problems in
mobile homes for which remedies are provided under the Act.
(g) Recreational Vehicles. Recreational vehicles do not fall within the
definition of mobile homes and are not subject to these regulations. A rec-
reational vehicle is a vehicle, regardless of size, which is not designed to
be used as a permanent dwelling, and in which the plumbing, heating, and
electrical systems contained therein may be operated without connection
to outside utilities and which are self propelled or towed by a light duty
vehicle.
(h) Imported Mobile Homes. Imported mobile homes are covered by
the regulations except as modified by regulations promulgated jointiy by
the Secretary and the Secretary of the Treasury.
(i) Export Mobile Homes. Mobile homes intended solely for export are
not governed by this Part or by Part 280 of this tide if a label or tag stating
that the mobile home is intended solely for export is placed on the mobile
home or the outside of the container, if any, in which it is to be exported.
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However, any mobile home so tagged or labeled that is not exported but
is sold to a purchaser in the United States is subject to this Part and Part
280 of this title.
(j) Add-on. An add-on added by the dealer or some other party not the
manufacturer (except where the manufacturer acts as a dealer) as part of
a simultaneous transaction involving the sale of a new mobile home, is
not governed by the standards and is not subject to these regulations.
However, the addition of the add-on must not affect the ability of the ba-
sic mobile home to comply with the standards. If the addition of an add-
on causes the basic mobile home to fail to conform to the standards, sale,
lease, and offer for sale or lease of the home is prohibited until the mobile
home is brought into conformance with the standards. While the stan-
dards do not govern add-ons, the Secretary has the authority to promul-
gate standards for add-ons and may do so in the future.
(k) A structure (including an expandable room, tip-out, or tag-along
unit) which i s designed and produced as an integral part of a mobile home
when assembled on site, is governed by the standards and these regula-
tions regardless of the dimensions of such structure.
(/) Multifamily Homes. Mobile homes designed and manufactured
with more than one separate living unit are not covered by the standards
and these regulations.
(m) Modular Homes. Modular homes that fall within the definition of
"mobile home" set out at 3282. 7(u) are not covered by these regulations
if they are exempt from the standards under 24 C.F.R. 280.7.
3282.9. Computation of Time.
In computing any period of time prescribed or allowed by these regula-
tions, the day of the act or event from which the designated period of time
begins to run, shall not be included in the computation. The last day of
the period so computed shall be included unless it is a Saturday, Sunday,
or a legal holiday, in which event the period runs until the end of the next
day which is not a Saturday, Sunday, or legal holiday. When the period
of time prescribed or allowed is less than 7 days, intermediate Saturdays,
Sundays, and legal holidays shall be excluded in the computation. When
the period of time prescribed or allowed is more than 7 days, intermediate
Saturdays, Sundays, and legal hoUdays shall be included in the computa-
tion. As used in this section "legal holiday" includes New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and
any other day appointed as a holiday by the President or the Congress of
the United States.
3282.10. Civil and Criminal Penalties.
Failure to comply with these regulations may subject the party in ques-
tion to the civil and criminal penalties provided for in Section 61 1 of the
Act, 42 U.S.C. 5410.
3282.11. Preemption and Reciprocity.
(a) No State mobile home standard regarding mobile home construc-
tion and safety which covers aspects of the mobile home governed by the
Federal standards shall be established or continue in effect with respect
to mobile homes subject to the Federal standards and these regulations
unless it is identical to the Federal standards.
(b) No State may require, as a condition of entry into or sale in the
State, that a mobile home which has been certified as in conformance
with the Federal standards by the application of the label required by
3282.362(c)(2)(i) be subjected to state inspection to determine com-
pliance with any standard covering any aspect of the mobile home cov-
ered by the Federal standard, except that a State may inspect a home to
determine compliance with the Federal standard or an identical State
standard if a transition certification label has been affixed to the home un-
der 3282.207. Nor may any State require that a State label certifying con-
formance to the Federal standard or an identical standard be placed on the
mobile home, except that such a label may be required where a transition
certification label has been affixed to the home under 3282.207. Certain
actions which States are permitted to take are set out in 3282.303 of Sub-
part G of this Part.
(c) States may participate in the enforcement of the Federal standards
enforcement program under these regulations either as SAAs or PlAs or
both. These regulations establish the exclusive system for enforcement
of the Federal standards. No State may establish or keep in effect, through
a building code enforcement system or otherwise, procedures or require-
ments which constitute systems for enforcement of the Federal standards
or of identical State standards which are outside the system established
in these regulations or which go beyond this system to require remedial
actions which are not required by the Act and these regulations. Howev-
er, a State may establish or continue in force consumer protections, such
as warranty requirements, which do not constitute systems of enforce-
ment of the Federal standards regardless of whether the State qualifies as
an SAA or PIA.
(d) Except where a state is inspecting or providing a State label for a
mobile home to which a transition certification label has been applied un-
der 3283.207, and except where a State is providing one of the services
mentioned in 3283.303, and except where a State is acting as a PIA, no
State may charge a fee for any services provided under these regulations.
Further, no State may charge a fee which is designed simply to replace
revenues lost when this program replaces the State program or a fee
which burdens interstate commerce, or a fee which, in itself or as it is ad-
ministered, constitutes a system of enforcement of the Federal standards
or of an identical State standard.
Subpart B. Formal Procedures
3282.51. Scope.
This subpart contains rules of procedure generally applicable to the
transaction of official business under the National Mobile Home Con-
struction and Safety Standards Act of 1 974, including the rules governing
public availability of information.
3282.52. Address of Communications.
Unless otherwise specified, communications shall be addressed to the
Director, Office of Mobile Home Standards, Department of Housing and
Urban Development, 451 Seventh Street, S.W., Washington, D.C.
20410.
3282.53. Service of Process on Foreign Manufacturers and
Importers.
(a) Designation of agent for service. Any manufacturer, before offer-
ing a mobile home for importation into the United States, shall designate
an agent upon whom service of all processes, notices, orders, decisions,
and requirements may be made for and on behalf of such manufacturers
as provided in section 612(e) of the Act and in this section. The agent may
be an individual, a firm, or a domestic corporation. Changes in the desig-
nation of agents shall be made in accordance with the provisions of
3282.53(b).
(b) Form and contents of designation of agent. The designation shall
be in writing, dated, and signed by the manufacturer and the designated
agent. The designation shall be made in legal form required to make it
valid and binding on the manufacturer under the laws, corporate by-
laws, or other requirements governing the making of the designation by
the manufacturer at the place and time where it is made and the person
or persons signing the designation shall certify that it is so made. The des-
ignation shall disclose the full legal name, principal place of business,
and mailing address of both the manufacturer and the designated agent.
(c) Method of Service. Service of any process, notice, order, require-
ments, or decision specified in section 612(e) of the Act may be made by
registered or certified mail addressed to the agent with return receipt re-
quested, or in any other manner authorized by law. If service cannot be
effected on the designated agent for any reason, service may be made to
the Secretary by registered or certified mail.
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3282.54. Public Information.
(a) General. Subject to the provisions of 24 CFR Part 15 covering the
production or disclosure of material or information and the provisions of
24 CFR Part 16 at 40 PR 39729 relating to the Privacy Act, and except
as otherwise provided by paragraphs (b), (c), (d), and (e) of this section,
the Secretary may make available to the public:
(1) Any information which may indicate the existence of an imminent
safety hazard, and
(2) Any information which may indicate the failure of a mobile home
to comply with applicable mobile home constmction and safety stan-
dards, and
(3) Such other information as the Secretary determines is necessary to
carry out the Secretary's functions under the Act.
(b) Protected Information. Data and information submitted or other-
wise provided to the Secretary or an agent of the Secretary or a PIA or
SAA which fall within the definitions of a trade secret or confidential
cornmercial or financial information are exempt from disclosure under
this section, only if the party submitting or providing the information so
requests under paragraph (c). However, the Secretary may disclose such
information to any person requesting it after deletion of the portions
which are exempt, or in such combined or summary form as does not dis-
close the portions which are exempt from disclosure or in its entirety in
accordance with section 614 of the Act, U.S.C. 5413.
(c) Obtaining Exemption. Any party submitting any information to the
Secretary in any form under this Part, or otherwise in relation to the pro-
gram established by the Act shall, if the party desires the information to
be exempt from disclosure, at the time of submittal of the information or
at any time thereafter, request that the information or any part thereof be
protected from disclosure.
The request for nondisclosure shall include the basis for the request
under the Act or other authority and complete justification supporting the
claim that the material should be exempt from disclosure. The request
should also include a statement of the information in such combined or
summary form that alleged trade secrets or other protected information
and the identity of the submitting party would not be disclosed. This re-
quest need not be made with respect to information which was submitted
to the Secretary, an SAA or a PIA prior to the effective date of these regu-
lations.
(d) Information submitted in opposition to action of the Secretary un-
der Section 607(a) of the Act, 42 U.S.C. 5406(a). Notice of the availabil-
ity of any information submitted under Section 607 of the Act shall be
published in the Federal Register promptly after its receipt and after any
determination by the Secretary regarding a manufacturer's request for
exemption from disclosure under that section.
(e) Request for Information from PIAs or SAAs. Whenever a PIA or
SAA receives requests for disclosure of information, it shall disclose the
information unless the party from which the information was originally
obtained has submitted to the PIA or SAA a request that the information
not be disclosed under paragraph (c) of this section, except that the PIA
or SAA shall be governed by the provisions of 24 CFR, Part 16, (Sec. 40
F.R. 39729) relating to the Privacy Act which may limit the disclosure
of information. If a request for nondisclosure under paragraph (c) has
been received with respect to information whose disclosure is requested,
the PIA or SAA shall refer the matter to the Secretary within 5 days of
the request for disclosure. If a PIA or SAA receives a request for disclo-
sure of information related to this program, which information was sub-
mitted to the PIA or SAA prior to the effective date of these regulations,
the PIA or SAA shall refer the request for nondisclosure and required in-
formation to the Secretary.
Subpart C. Rules and Rulemaking Procedures
3282.101. Scope and Purpose.
This subpart prescribes procedures that apply to the formulation, is-
suance, amendment and revocation of rules pursuant to the National Mo-
bile Home Construction and Safety Standards Act of 1974. Rulemaking
under the Act is also subject to the provisions of 24 CFR Part 10.
3282.102. Regulatory Docket.
Information and data deemed relevant by the Secretary relating to rule-
miiking actions, including notices of proposed rulemaking, comments re-
ceived in response to notices, petitions for rulemaking and reconsidera-
tion, denials of petitions for rulemaking and reconsideration, and final
rules are maintained by the Rules Docket Clerk, Office of the Secretary,
Room 10141, Department of Housing and Urban Development, 451
Seventh Street, S.W., Washington, D.C. 20410. All communications
with respect to rulemaking shall be sent to the Rules Docket Clerk at the
above address.
3282.103. Initiation of Rulemaking.
(a) The issuance, amendment or repeal of any nile may be proposed
upon the initiative of the Secretary or upon the petition of any interested
person showing reasonable grounds therefor.
(b) Petitions for rulemaking by interested persons.
(1) Each petition filed under this subsection:
(i) Shall set forth the text or substance of the rule or amendment pro-
posed, or specify the aile that the petitioner seeks to have repealed, as the
case may be;
(ii) Shall explain the interest of the petitioner in the action requested;
(iii) Shall contain any information and arguments available to the peti-
tioner to support the action sought; and
(iv) Should be identified as a petition for rulemaking submitted under
this subpart.
(2) The Secretary shall respond to a petition submitted under this sec-
tion within 180 days of receipt thereof by granting or denying the petition
or scheduling a public hearing or other appropriate proceeding, except
that this time limit may be exceeded where necessary to assure full reso-
lution of the issues involved on the basis of adequate information. Unless
the Secretary otherwise specifies, no public hearing, argument or other
proceedings shall be held on a petition before its disposition under this
subsection. If the Secretary determines that the petition contains ade-
quate justification, the Secretary shall initiate rulemaking action under
this subpart. If the Secretary determines that the petition does not justify
rulemaking, the Secretary shall deny the petition and notify the petition-
er.
3282.104. Advance Notice of Proposed Rulemaking.
An Advance Notice of Proposed Rulemaking is a notice in which the
Secretary indicates that consideration is being given to proposing a rule
and through which the public is given an early opportunity to participate
in decisions as to whether a rule change is necessary and what the content
of the new rule should be. The Advance Notice is published in the Federal
Register and it explains the possible need for rulemaking and the issues
which may be involved. Where possible, it includes specific questions to
which the Secretary needs answers in order to develop a proposed rule
under 3282.105. The Secretary will use the Advance Notice whenever,
in the judgment of the Secretary, it is appropriate and practicable in de-
veloping rules under this subpart.
3282.105. Notice of Proposed Rulemaking.
(a) A notice of proposed rulemaking shall be issued and interested per-
sons invited to participate in the process of formulation of rules under
applicable provisions of the Act, unless the Secretary, for good cause,
finds that notice is impractical, unnecessary or contrary to the public in-
terest, and incorporates that finding and a brief statement of the reasons
therefor in the rule.
(b) Each notice of proposed rulemaking shall be published in the Fed-
eral Register, and shall include:
(1) A statement of the nature of the proposed rulemaking;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the substance
and terms of the proposed rule;
(4) A statement of the time within which written comments must be
submitted;
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(5) A statement of the time and place of the public rulemaking pro-
ceedings, if any.
3282.106. Participation by Interested Persons.
Any interested person may participate in the process of formulating,
amending or repealing a rule by submitting comments in writing contain-
ing information, views or arguments.
3282.107. Contents of Written Comments.
Comments should be clearly organized so that the Secretary can deter-
mine which points made in the comment relate to which aspects of the
proposed rule or Advanced Notice. They should include documentation
of all factual assertions. It is requested, but not required, that 10 copies
be submitted, incorporation of material by reference should be avoided.
However, if such incorporation is necessary, the incorporated material
should be identified with respect to document and page.
3282.108. Consideration of Comments Received.
All timely comments shall be considered before final action is taken
on a rulemaking proposal. Comments filed late may be considered as far
as practicable.
3282.109. Additional Rulemaking Proceedings.
The Secretary may initiate any further rulemaking proceedings that
the Secretary finds necessary or desirable.
3282.110. Effective Date of Standards.
Each order establishing, amending or revoking a Federal mobile home
construction and safety standard shall specify the date such standard is
to take effect, which shall not be sooner than 180 days or later than one
year after the date such order is issued, unless the Secretary finds, for
good cause shown, that an earlier or later effective date is in the public
interest, and publishes the reasons for such findings.
3282.111. Petitions for Reconsideration of Final Rules.
(a) Definition. A petition for reconsideration of a final rule issued by
the Secretary is a request in writing from any interested person which
must be received not later than 60 days after publication of the rule in the
Federal Register. The petition shall state that it is a petition for reconsid-
eration of a final rule, and shall contain an explanation as to why com-
pliance with the rule is not practicable, is unreasonable, or is not in the
public interest. If the petitioner requests the consideration of additional
facts, the petitioner shall state the reason they were not presented to be
treated as petitions for rulemaking.
(b) Proceedings on Petitions for Reconsideration.The Secretary may
grant or deny, in whole or in part, any petition for reconsideration without
further proceedings. The Secretary may issue a final decision on recon-
sideration without further proceeding, or may provide such opportunity
to submit comments or information and data as the Secretary deems ap-
propriate.
(c) Unless the Secretary determines otherwise, the filing of a petition
under this section does not stay the effectiveness of the rule in question.
(d) Any party seeking to challenge any rule or regulation issued under
the Act, except orders issued under section 604, 42 U.S.C. 5403, if the
challenge is brought before the expiration of the 60 day period set out in
paragraph (a), shall file a timely petition for reconsideration under this
section prior to seeking any other remedy.
3282.112. Rulemaking on the Basis of Cost Information
Submitted.
Whenever the Secretary proposes to establish, amend or revoke a stan-
dard on the basis of cost information submitted by a manufacturer in op-
position to any action of the Secretary under Section 604, 42 U.S.C. 5403,
or any other provision of the Act, the Secretary shall publish a notice of
such proposed action and the reasons therefor in the Federal Register at
least 30 days in advance of making a final determination in order to allow
interested parties an opportunity to comment.
Subpart D. Hearings, Presentations of Views, and Investigations
3282.113. Interpretative Bulletins.
When appropriate, the Secretary shall issue interpretaUve bulletins in-
terpreting the standards under the authority of Section 280.1(b) and (c)
of this chapter or interpreting the provisions of this part. Issuance of inter-
pretative bulletins shall be treated as rulemaking under this subpart un-
less the Secretary deems such treatment not to be in the public interest and
the interpretation is not required by 24 CFR Part 1 0 or any other applica-
ble statutes or regulations to be treated as rulemaking. All interpretative
bulletins shall be indexed and made available to the public at the Office
of Mobile Home Standards and a copy of the index shall be published pe-
riodically in the Federal Register.
3282.151. Applicability and Scope.
(a) This subpart sets out procedures to be followed when an opportuni-
ty to present views provided for in the Act is requested by a party entitled
to one under the Act. Those situations arise whenever the Secretary con-
templates injunctive action under Section 612(a), 42 U.S.C. 5410(a) of
the Act, whenever the Secretary contemplates making an administrative
determination of imminent safety hazard, serious defect, defect, or non-
compliance under Section 615(e), 42 U.S.C. 5414(e) whenever there is
a question as to who should bear the responsibility for correction under
Section 615(g), 42 U.S.C. 5414(g) whenever the Secretary contemplates
rejecting a State plan under Section 623(d), 42 U.S.C. 5422(d), and
whenever the Secretary contemplates withdrawal of approval of a State
plan under Section 623(f), 42 U.S.C. 5422(f). Section 3282.152 provides
for two types or procedures which may be followed in these cases, one
informal and nonadversary. It also sets out criteria to govern which type
of procedure will be followed in particular cases.
(b) The procedures of 3282.152 also apply to:
(1 ) Proceedings held by the Secretary whenever the suspension or dis-
qualification of a primary inspection agency, which has been granted fi-
nal approval, is recommended under 3282.356 of these regulations, and
(2) Resolution of disputes where an SAA or manufacturer disagrees
with a determination of a DAPIA under 3282.361 that a mobile home de-
sign does or does not conform to the standards or that a quality assurance
manual is or is not adequate with a decision by an IPIA to red tag or not
to red tag or to provide or not to provide a certification label for a mobile
home under 3282.362 when the IPIA believes that the mobile home does
or does not conform to the standards.
(c) This subpart also sets out procedures which the Secretary may fol-
low in holding hearings and carrying out inspecdons and investigations
authorized by Secfion 614(c) of the Act, 42 U.S.C. 5413(c), or otherwise.
Generally, the provisions of 3282.153 apply to these proceedings, though
the procedures set out in 3282.152 may also be followed, as may other
procedures which the Secretary deems appropriate.
(d) The procedures set out in 3282.152 shall also be followed whenev-
er State Administrative Agencies hold hearings or presentations of views
under 3282.309.
(e) To the extent that these regulations provide for hearings or presen-
tations of views for parties which would otherwise qualify for hearings
under 24 CFR Part 24, the procedures of 24 CFR Part 24 shall not be
available and shall not apply.
3282.152. Procedures for Hearings and for the Presentation of
Views.
(a) Policy. All Hearings and Presentations of Views under this subpart
shall be public, unless, for good cause, the Secretary determines it is in
the public interest that the proceedings should be closed. If the Secretary
determines that a proceeding should be closed, the Secretary shall state
and make publicly available the basis for that determination.
(b) Request. Upon receipt of a request for a Hearing or Presentation
of Views under this subpart, the Secretary shall either grant the relief for
which the Hearing or Presentation of Views is requested or shall issue a
notice under paragraph (c) of this section.
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(c) Notice. When the Secretary decides to conduct a Hearing or Pre-
sentation of Views under this section, the Secretary shall provide notice
as follows:
(1) Except where the need for swift resolution of the question involved
prohibits it, notice of a proceeding hereunder shall be published in the
Federal Register at least 10 days prior to the date of the proceeding. In
any case, notice shall be provided to interested persons to the maximum
extent practicable. Direct notice shall be sent by certified mail to the par-
ties involved in the hearing.
(2) The notice, whether published or mailed, shall include a statement
of the time, place and nature of the proceeding; reference to the authority
under which the proceeding will be held; a statement of the subject matter
of the proceeding, the parties and issues involved; and a statement of the
manner in which interested persons shall be afforded the opportunity to
participate in the hearing.
(3) The notice shall designate the official who shall be the presiding
officer for the proceedings and to whom all inquiries should be directed
concerning such proceedings.
(4) The notice shall state whether the proceeding shall be held in accor-
dance with the provisions of paragraph (f) — (Presentation of Views) or
paragraph (g) — (Hearings) of this section, except that when the Secretary
makes the determinations provided for in Sections 623(d) and 624(f) of
the Act, the requirements of paragraph (g) of tliis section shall apply. In
determining whether the requirements of paragraphs (f) or (g) of this sec-
tion shall apply, the Secretary shall consider the following: (i) The neces-
sity for expeditious action; (ii) the risk of injury to affected members of
the public; (iii) the economic consequences of the decisions to be ren-
dered; and (iv) such other factors as the Secretary deems appropriate.
(d) Department Representative. If the Department is to be represented
by Counsel, such representation shall be by a Department hearing attor-
ney designated by the General Counsel.
(e) Reporting and Transcription. Oral proceedings shall be stenograph-
ically or mechanically reported and transcribed under the supervision of
the presiding officer, unless the presiding officer and the parties other-
wise agree, in which case a summary approved by the presiding officer
shall be kept. The original transcript or summary shall be a part of the re-
cord and the sole official transcript, or summary. A copy of the transcript
or summary shall be available to any person at a fee established by the
Secretary, which fee the Secretary may waive in the public interest. Any
information contained in the transcript or summary which would be ex-
empt from required disclosure under 3282.54 of these regulations may
be protected from disclosure if appropriate under that section upon a re-
quest for such protection under 3282.54(c).
(f) Presentation of Views.
(1) A Presentation of Views may be written or oral, and may include
an opportunity for an oral presentation, whether requested or not, when-
ever the Secretary concludes that an oral presentation would be in the
public interest, and so states in the notice. A presiding officer shall pre-
side over all oral presentations held under this subsection. The purpose
of such presentations shall be to gather information to allow fully in-
formed decision making. Presentations of Views shall not be adversary
proceedings. Oral presentations shall be conducted in an informal but or-
derly manner.
The presiding officer shall have the duty and authority to conduct a fair
proceeding, to take all necessary action to avoid delay, and to maintain
order. In the absence of extraordinary circumstances, the presiding offi-
cer at an oral Presentation of Views shall not require that testimony be
given under oath or affirmation, and shall not permit either cross-exami-
nation of witnesses by other witnesses or their representatives, or the pre-
sentation of rebuttal testimony by persons who have already testified.
The mles of evidence prevailing in courts of law or equity shall not con-
trol the conduct of oral presentations of views.
(2) Within 10 days after a Presentation of Views, the presiding officer
shall refer to the Secretary all documentary evidence submitted, the tran-
script, if any, a summary of the issues involved and information pres-
ented in the Presentation of Views and the presiding official's recom-
mendations with the rationale therefor. The presiding officer shall make
any appropriate statements concerning the apparent veracity of witnesses
or the validity of factual assertions which may be within the competence
of the presiding officer. The Secretary shall issue a Final Determinafion
concerning the matters at issue within 30 days of receipt of the presiding
officer's summary. The Final Determination shall include: (i) a statement
of findings, with specific references to principal supporting items of evi-
dence in the record and conclusions, as well as the reasons or basis there-
for, upon all of the material issued of fact, law, or discrefion as presented
on the record, and (ii) an appropriate order. Notice of the Final Determi-
nation shall be given in writing and transmitted by cerdfied mail, return
receipt requested, to all participants in the presentadon of views. The Fi-
nal Determination shall be conclusive, with respect to persons whose in-
terests were represented.
(g) Hearings.
(1) A Hearing is an adversary proceeding and includes an opportunity
for the oral presentadon of evidence. All witnesses shall tesdfy under
oath or affirmadon which shall be administered by the presiding officer.
Participants shall have the right to present such oral or documentary evi-
dence and to conduct such cross-examination as the presiding officer de-
termines is required for a full and true disclosure of the facts. The presid-
ing officer shall receive relevant and material evidence, rule upon offers
of proof and exclude all irrelevant, immaterial or unduly repeddous evi-
dence. However, the technicalides of the rules of evidence prevailing in
courts of law or equity shall not control the conduct of a hearing. The
presiding officer shall take all necessary acdon to regulate the course of
the Hearing to avoid delay and to maintain order. The presiding officer
may exclude the attorney or witness from further pardcipadon in the par-
dcular Hearing and may render a decision adverse to the interests of the
excluded party in his absence.
(2) Decision. The presiding officer shall make and file an inidal writ-
ten decision on the matter in quesdon. The decision shall be filed within
10 days after completion of the hearing. The decision shall include: (i)
a statement of findings of fact, with specific references to principal sup-
porting items of evidence in the record and conclusions, as well as the
reasons or basis therefor, upon all of the material issues of law or discre-
fion presented on the record, and (ii) an appropriate order. The presiding
officer's decision shall be final and shall constitute the Final Determina-
tion of the Secretary unless reversed or modified within 30 days by the
Secretary. Nodce of the Final Determinadon shall be given in wridng,
and transmitted by registered or certified mail, return receipt requested,
to all participants in the proceeding. The Final Determination shall be
conclusive with respect to persons whose interests were represented.
3282.153. Public Participation in Hearings or Presentation of
Views.
(a) Any interested persons may participate in writing, in any Hearings
or Presentation of Views held under the provisions of paragraphs (f) or
(g) of 3282. 152. The presiding officer shall consider to the extent practi-
cable any such written materials.
(b) Any interested person may participate in the oral portion of any
Hearing or Presentation of Views held under paragraphs (f) and (g) of
3282.152 unless the presiding officer determines that such participation
should be limited or barred so as not to unduly prejudice the rights of the
parties direcdy involved or unnecessarily delay the proceedings.
3282.154. Petitions for Hearings or Presentations of Views, and
Requests for Extraordinary Interim Relief.
Any person entided to a Hearing or Presentation of Views under sub-
section (f) or subsection (g) of 3282.152 to address issues as provided for
in subsection (a) of 3282.151 may petition the Secretary to initiate such
Hearing or Presentation of Views. The petition may be accompanied by
a request that the Secretary provide such interim rehef as may be appro-
priate pending the issuance of a Final Determination or Decision. No in-
terim relief will be granted absent extraordinary cause shown. Upon re-
•
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•
ceipt of a petition, tlie Secretary shall grant the petition and issue the
notice provided for in paragraph (b) of 3282. 1 52 for Hearing or Presenta-
tion of Views, and grant, deny or defer decision of any request for interim
relief.
3282.155. Investigations.
(a) In connection with a formal investigation or inquiry involving an
alleged or suspected violation or threatened violation of the Act or rules
and regulations, the Secretary may permit any person to file with the Sec-
retary a signed statement setting forth facts and circumstances known to
such person and relevant to the investigation or inquiry.
(b) Subpoenas in investigations.The Secretary may issue subpoenas
relating to any matter under investigation for any or all of the following
reasons:
(1) Requiring testimony to be taken by interrogatories or depositions.
(2) Requiring the attendance and testimony of witnesses at a specific
time and place.
(3) Requiring access to, examination of, and the right to copy docu-
ments, books, records, and papers.
(4) Requiring the production of documents, books, records, and papers
at a specific time and place.
(c) Investigational hearings. For the purpose of taking the testimony of
witnesses and receiving documents and other data relating to any subject
under investigation, hearings may be conducted by the Secretary in the
course of any investigation. These hearings shall be stenographically or
mechanically reported. Testimony of witnesses shall be under oath or af-
firmation. Unless the Secretary determines otherwise for good cause,
these hearings shall be public.
(d) Rights of witnesses in investigations.
(1) Any person compelled to testify or to submit data in connection
with any investigation shall be entitled, on payment of lawfully pre-
scribed costs, to purchase a copy of any data submitted by him and of his
own testimony as stenographically or mechanically reported, except that
in a nonpublic proceeding the witness may for good cause be limited to
inspection of the official transcript of his testimony.
(2) Any witness summoned under Section 614(c)(1) of the Act shall
be paid the same fees and mileage that are paid witnesses in the courts
of the United States.
(3) Any witness compelled to appear in person in an investigative
hearing may be accompanied, represented, and advised by counsel as fol-
lows:
(i) Counsel for a witness may advise his client, in confidence, and upon
initiative of either himself or the witness, with respect to any question
asked of his client; and, if the witness refuses to answer a question, the
counsel may briefly state on the record if he has advised his client not to
answer the question and the legal grounds for such refusal.
(ii) Where it is claimed that the testimony or other evidence sought
from a witness is outside the scope of the investigation, or it is claimed
that the witness is privileged to refuse to answer a question or to produce
other evidence, counsel for the witness may object on the record to the
question or requirement and may briefly and precisely state the grounds
therefor.
(iii) Objections interposed under the rules in this subpart will be con-
tinuing objections throughout the course of the proceedings, and repeti-
tious or cumulative statement of an objection or of the grounds therefore,
in such cases, is unnecessary.
(iv) Motions challenging the authority of the Secretary to conduct the
investigation or the sufficiency or legality of the subpoena must be ad-
dressed to the Secretary in advance of the proceeding. Copies of such mo-
tions may be filed with the presiding official at the proceeding as part of
the record of the investigation, and argument in support thereof may be
allowed if it will not unduly delay the proceeding.
(v) Upon completion of the examination of a witness, counsel for the
witness may request that the presiding official permit the witness to clari-
fy any of his answers on the record in order that specified points of ambi-
guity, equivocation, or incompleteness may be corrected. The granting
or denial of such request in whole or in part, shall be within the sole dis-
cretion of the presiding official. However, the reasons for any denial of
a request shall be given by the presiding official and shall be included in
the record of the proceedings.
(vi) The presiding officer shall take all necessary action to regulate the
course of the proceeding to avoid delay and to maintain order. If neces-
sary to maintain order, the presiding officer may exclude the attorney or
witness from further participation in the particular investigation and may
render a decision adverse to the interests of the excluded party in that
party's absence.
(e) In the case of contumacy of the witness or the witness's refusal to
obey a subpoena or order of the Secretary, the United States district court
for the jurisdiction in which an inquiry is carried on may issue an order
requiring compliance therewith; and any failure to obey the court may be
punished by such court as a contempt thereof.
3282.156. Petitions for Investigations.
(a) Any person may petition the Secretary in writing to open an investi-
gation into whether noncompliances, defects, serious defects, or immi-
nent safety hazards exist in mobile homes. A petition shall include the
reasons that the petitioner believes warrant an investigation, and it shall
state any steps which have previously been taken to remedy the situation.
The petition shall include all information known to the petitioner con-
cerning the identity of mobile homes which may be affected and where
those mobile homes were manufactured. The Secretary shall respond to
petitions concerning alleged imminent safety hazards and serious defects
Vk'ithin 60 days and to peUtions alleging the existence of defects or non-
compliances within 120 days.
(b) Any person may petition the Secretary in writing to undertake an
investigation for the purpose of determining whether a primary inspec-
tion agency should be disqualified. The petition shall set out all facts and
information on which the petition is based and a detailed statement of
why such information justifies disqualificadon. The Secretary shall con-
sider such petitions when making determinations on final acceptance and
continued acceptance. The Secretary shall respond to such petition with-
in 120 days.
Subpart E. Manufacturer Inspection and Certification Require-
ments
3282.201. Scope and Purpose.
(a) This subpart sets out requirements which must be met by manufac-
turers of mobile homes for sale to purchasers in the United States with
respect to certification of mobile home designs, inspection of designs,
quality assurance programs, and mobile home production, and certifica-
tion of mobile homes. Other than references and a general description of
responsibilities, this subpart does not set out requirements with respect
to remedial actions or reports which must be taken or filed under the Act
and these regulations.
(b) The purpose of this subpart is to require manufacturers to partici-
pate in a system of design approvals and inspections which serve to assist
them in assuring that mobile homes which they manufacture will con-
form to Federal standards. Such approvals and inspections provide sig-
nificant protection to the public by decreasing the number of mobile
homes with possible defects in them, and provide protection to manufac-
turers by reducing the number of instances in which costiy remedial ac-
tions must be undertaken after mobile homes are sold.
3282.202. Primary Inspection Agency Contracts.
Each manufacturer shall enter into a contract or other agreement with
as many Design Inspection Primary Inspection Agencies (DAPIAs) as it
wishes and with enough Production Inspection Primary Inspection
Agencies (IPIAs) to provide IPIA services for each manufacturing plant
as set out in this subpart and in subpart H of this Part. In return for the
services provided by the DAPIAs and IPIAs, each manufacturer shall pay
such reasonable fees as are agreed upon between the manufacturer and
the primary inspection agency or, in the case of a State acting as an exclu-
sive IPIA under 3282.3 such fees as may be established by the State.
Page 121
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3282.203. DAPIA Services.
(a) Each manufacturer shall have each mobile home design and each
quality assurance manual which it intends to follow approved by a DA-
PIA under 3282.361. The manufacturer is free to choose which DAPIA
will evaluate and approve its designs and quahty assurance materials.
The manufacturer may obtain design and quality assurance manual ap-
proval from a single DAPIA regardless of the number of plants in which
the design and quality assurance manual will be followed. A manufactur-
er may also obtain approval for the same design and quality assurance
manual from more than one DAPIA. The choice of which DAPIA or DA-
PIAs to employ is left to the manufacturer.
(b) The manufacturer shall submit to the DAPIA such information as
the DAPIA may require in order to carry out design approvals. This infor-
mation shall, except where the manufacturer demonstrates to the DAPIA
that it is not necessary, include the following:
(1) Construction drawings and/or specifications showing structural
details and layouts of frames, floors, walls and roofs, and chassis; materi-
al specifications, framing details, door locations, etc., for each floor plan
proposed to be manufactured,
(2) Structural analysis and calculations, test data and/or other accepted
engineering practices used by the manufacturer to validate the design,
(3) Complete heat loss calculations for each significant variation of
home design,
(4) Floor plans showing room arrangement and sizes, window sizes,
emergency exits and locations, locations of smoke detectors, fixed
appliance range hoods, and other standard related aspects of the mobile
home that can be shown on the floor plans,
(5) Diagrams of the fuel supply system, potable water system and
drain, waste and vent systems. The diagrams shall specify the types of
materials used, types of fittings and methods of installing required safety
equipment,
(6) Wiring diagrams, including circuit allocation of electrical load and
branch circuit calculations, a table of the branch circuit protection pro-
vided, the type of wiring used, and wiring methods,
(7) Details showing the design of air supply and return systems,
(8) Details of chassis construction, components, cormections and run-
ning gear including rating capacities of tires,
(9) A list of fixed and portable appliances furnished with the mobile
home, including type of appliance, rating of appliance, and applicable
minimum and maximum performance ratings and/or energy require-
ments,
(10) Detailed manufacturer installation instructions including specifi-
cations and procedures for the erection and hook-up of the home at its
permanent location, and
(11) Reports of all tests that were run to validate the conformance of
the design to the standards.
(c) The manufacturer shall submit to the DAPIA such information as
the DAPIA may require in order to carry out quality assurance manual
approvals. At a minimum, this information shall include the quality as-
surance manual for which approval is sought. That manual shall include
the manufacturer's quality assurance program, an organizational chart
showing the accountability, by position, of the manufacturer's quality
control personnel, a description of production tests and test equipment
required for compliance with the standards, a station-by-station descrip-
tion of the manufacturing process, a list of quality control inspections re-
quired by the manufacturer at each station, and identification by title of
each person who will be held accountable for each quality control inspec-
tion.
(d) Manufacturers may be required to furnish supplementary informa-
tion to the DAPIA if the design information or the quality assurance man-
ual is not complete or if any information is not in accordance with ac-
cepted engineering practice.
(e) When a manufacturer wishes to make a change in an approved de-
sign or quality assurance manual, the manufacturer shall obtain the ap-
proval of the DAPIA which approved the design or manual prior to pro-
duction for sale. The procedures for obtaining such approval are set out
in 3282.361.
(f) The information to be submitted to a DAPIA under 3282.203(b)
and (c) may be prepared by the manufacturer's staff or outside consul-
tants, including other DAPI As. However, a DAPIA may not perform de-
sign or quality assurance manual approvals for any manufacturer whose
design or manual has been created or prepared in whole or in part by
members of the DAPIA's organization or of any affiliated organization.
(g) Each manufacturer shall maintain a copy of the drawings, specifi-
cations, and sketches from each approved design received from a DAPIA
under 3282.361 (b)(4) in each plant in which mobile homes are being pro-
duced to the design. Each manufacturer shall also maintain in each man-
ufacturing plant a copy of the approved quality assurance manual re-
ceived from a DAPIA under 3282.361 (c)(3) that is being followed in the
plant. These materials shall be kept current and shall be readily accessible
for use by the Secretary or other parties acting under these regulations.
3282.204. IPIA Services.
(a) Each manufacturer shall obtain the services of an IPIA as set out
in 3282.362 for each manufacturing plant operated by the manufacturer.
(b) The manufacturer shall make available to the IPIA operating in
each of its plants a copy of the drawings and specifications from the DA-
PIA approved design and the quality assurance manual for that plant, and
the IPIA shall perform an initial factory inspection as set out in
3282.362(b). If the IPIA issues a deviation report after the initial factory
inspection, the manufacturer shall make any corrections or adjustments
which are necessary to conform with the DAPIA approved designs and
manuals. After the corrections required by the deviation report are com-
pleted to the satisfaction of the IPIA, the IPIA shall issue the certification
report as described in 3282.362(b)(2). In certain instances a DAPIA may
provide the certification report. (See 3282.362) The manufacturer shall
maintain a current copy of each certification report in the plant to which
the certification report relates.
(c) After the certification report has been signed by the IPIA, the man-
ufacturer shall obtain labels from the IPIA and shall affix them to com-
pleted mobile homes as set out in 3282.362(c)(2). During the initial facto-
ry certification, the IPIA may apply labels to mobile homes which it
knows to be in compliance with the standards if it is performing complete
inspections of all phases of production of each mobile home and the man-
ufacturer authorizes it to apply labels.
(d) During the course of production the manufacturer shall maintain
a complete set of approved drawings, specifications, and approved de-
sign changes for the use of the IPIA's inspector and always available to
that inspector when in the manufacturing plant.
(e) If, during the course of production, an IPIA finds that a failure to
conform to a standard exists in a mobile home in production, the man-
ufacturer shall correct the failure to conform in any mobile homes still in
the factory and held by distributors or dealers and shall carry out remedial
actions under 3282.404 and 3282.405 with respect to any other mobile
homes which may contain the same failure to conform.
3282.205. Certification Requirements.
(a) Every manufacturer shall make a record of the serial number of the
first mobile home started in the first station of the assembly line on June
15, 1976 and a duly authorized representative of the manufacturer shall
certify that the first mobile home and all subsequent mobile homes in the
sequence of production manufactured on or after June 15, 1976, have
been constructed in accordance with the Federal standards. The man-
ufacturer shall furnish a copy of that certification to the IPIA for the pur-
pose of determining which mobile homes are subject to the notification
and correction requirements of subpart I of these regulations. If the man-
ufacturer does not have the services of an IPIA and is using transition cer-
tification labels under 3282.207, it shall keep a certified record of mobile
homes produced on or after June 15, 1976, and furnish that record to the
IPIA that performs the first plant approval or the Secretary if the man-
ufacturer discontinues production at the expiration of the transition peri-
od.
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(b) Every manufacturer of mobile homes shall certify on the data plate
as set out in Section 280.5 of Chapter 11 of 24 CFR and 3282.362(c)(3)
that the mobile home is designed to comply with the Federal mobile
home construction and safety standards in force at the time of manufac-
ture in addition to providing other information required to be completed
on the data plate.
(c) Every manufacturer of mobile homes shall furnish to the dealer or
distributor of each such mobile home produced by such manufacturer a
certification that such mobile home, to the best of the manufacturer's
knowledge and belief, conforms to all applicable Federal construction
and safety standards. Such certification shall be in the form of the label
provided by the IPIA under 3282.362(c)(2), except when the manufac-
turer provides the label under 3282.207. Such labels shall be affixed only
at the end of the last stage of production of the mobile home.
(d) The manufacturer shall apply a label required or allowed by these
regulations only to mobile homes that it knows by its inspections to be
in compliance with the standards. The manufacturer shall affix the transi-
tion certification label allowed by 3282.207 only to mobile homes that
enter the first stage of production on or after June 15, 1976. The manufac-
turer may affix the label described in 3282.362(c)(2) to mobile homes
that enter the first stage of production prior to June 15, 1976, only under
all of the following circumstances.
(1) No such labels are affixed to any mobile homes prior to June 15,
1976.
(2) The labels are obtained only through the procedures set forth in
subpart H of this part pursuant to the full range of services provided by
primary inspection agencies.
(3) The manufacturer keeps a record of all mobile homes that enter the
first stage of production prior to June 15, 1976, and to which labels are
affixed under this provision.
(4) The manufacturer certifies the accuracy of the record required un-
der paragraph (d)(3), immediately above, and provides a copy of that cer-
tification to the IPIA that provides production inspections in that plant in
which those mobile homes are manufactured.
(5) The manufacturer pays the monitoring inspection fee required by
3282.210 for each mobile home to which a label is affixed under this pro-
vision.
(6) The manufacturer agrees that all mobile homes that it labels under
this provision shall be subject to the requirements of the Act and these
regulations, and particularly to the remedial provisions of subpart I of this
part.
(7) The manufacturer obtains the agreement of the State in which the
mobile homes are manufactured that the State will accept such mobile
homes as if they had entered into the first stage of production on or after
June 15, 1976, including agreement by the State not to require any State
label for such mobile homes and not to require any inspections or charge
any fees that would not be allowed with respect to mobile homes that en-
ter the first stage of production on or after June 15, 1976.
(8) No other label relating to any aspects of the mobile home covered
by the Federal standards is affixed to the mobile homes.
3282.206. Disagreement with IPIA or DAPIA.
Whenever a manufacturer disagrees with a finding by a DAPIA or an
IPIA acting in accord with subpart H of this Part, the manufacturer may
request a hearing or presentation of views as provided in 3282.152. The
manufacturer shall not, however, produce mobile homes pursuant to de-
signs which have not been approved by a DAPIA or produce mobile
homes which the relevant IPIA believes not to conform to the standards
unless and until: (a) the Secretary determines that the manufacturer is
correct in believing the design of the mobile home conforms to the stan-
dards; or (b) extraordinary interim relief is granted under 3282.154; or
(c) the DAPIA or IPIA otherwise resolves the disagreement. These prohi-
bitions shall not apply to manufacturers acting under the transition certi-
fication program set out in 3282.207.
3282.207. Transition Certification Program.
(a) If a manufacturer cannot contract for the services of a DAPIA or
IPIA such manufacturer shall notify the Secretary and any State with an
approved SAA into which it intends to ship mobile homes that it will ap-
ply transition certification labels under this section to a specified number
of mobile homes for a specified period of time until it can obtain the nec-
essary PIA services. The use of transition certification labels shall be lim-
ited to the time required to obtain PIA services, and in no case shall it ex-
tend beyond 90 days after the effective date of the standards. The
manufacturer may continue to use certification labels during this 90 day
period only if it is acting diligently to obtain necessary PIA services as
quickly as possible. The Secretary may monitor manufacturers' perform-
ance under this section.
(b) Mobile homes bearing a transition certification label may be sub-
ject to such reasonable inspections and reasonable inspection fees as
States may require, though no State may require any design approval or
require a mobile home to meet a standard other than the Federal standard.
A State may prohibit the entry into or sale in the State of a mobile home
certified under this subsection if the State has inspected the mobile home
and found a failure to conform to the federal standards. If a State, through
inspections under this subsection, finds that a manufacturer or a particu-
lar plant is consistently producing homes which fail to conform to the
standard, the State shall so inform the Secretary, who shall take appropri-
ate action; including seeking injunctive relief to halt production, if neces-
sary. A State may not prohibit entry into or sale in the State of a mobile
home unless the State has inspected that home and found a failure to con-
form.
(c) A manufacturer acting under this section is not subject to the label-
ing provisions of 3282.362(c)(2) of this part or Section 280.7 of Part 280
of Chapter II of 24 CFR.
(d) Transition certification labels shall be handled as follows:
(1) The transition certification label shall be 1 1/2 in. by 4 in. in size
and shall either be typed on a piece of paper hermetically sealed between
two pieces of plastic with a 1/4 in. border of clear plastic around the pa-
per, or printed on adhesive backed aluminum foil. The paper sealed in
plastic shall be permanently attached to the mobile home by means of 4
blind rivets, drive screws, or other means that render it difficult to remove
without being defaced. The adhesive backed foil shall be permanently at-
tached to the mobile home by placing it on a surface which is suitable for
the adhesive. The label number shall be a sequential 4 digit number which
the manufacturer shall type sequentially on each label used.
(2) The transition certification label shall be supplied by the manufac-
turer and located as specified in 3282.362(c)(2)(i)(E).
(3) Transition certification labels that are damaged, destroyed, or
otherwise made illegible or removed may be replaced by the manufactur-
er with new transition certification labels of a different serial number.
They shall not be replaced by labels of the type described in 3282.361(c).
(4) The wording of the transition label shall be as follows: AS EVI-
DENCED BY THIS LABEL NO. XXX (THE MANUFACTURER'S
NAME) CERTIFIES THAT, TO THE BEST OF HIS KNOWLEDGE
AND BELIEF, THIS MOBILE HOME IS IN COMPLIANCE WITH
IPHE FEDERAL MOBILE HOME CONSTRUCTION AND SAFETY
STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE.
SEE DATA PLATE.
(e) The manufacturer shall furnish a data plate as specified in
3282.362(c)(3), except that after "design approval by," the manufacturer
shall insert the term "none."
(f) The manufacturer acting under this section shall submit copies of
designs to the Secretary or the Secretary's agent. Authority: Section 625
of the National Mobile Home Construction and Safety Standards Act of
1974, 42 use 5424, and section 7(d), Department of Housing and Urban
Development Act, 42 USC 3535(d).
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3282.208. Remedial Actions — General Description.
(a) Notification. A manufacturer may be required to provide formal no-
tice to mobile home owners and dealers, as set out in subpart I of this Part,
if the manufacturer, the Secretary, or a State Administrative Agency de-
termines under that subpart that an imminent safety hazard, serious de-
fect, defect, or noncompliance exists or may exist in a mobile home pro-
duced by that manufacturer.
(b) Correction. A manufacturer may be required to correct imminent
safety hazards and serious defects which the manufacturer or the Secre-
tary determines under subpart 1 exist in rnobile homes produced by the
manufacturer. This correction would be carried out in addition to the
sending of formal notice as described in paragraph (a).
(c) Cooperation. The manufacturer shall be responsible for working
with the DAPIA, IPIA, any SAA, the Secretary, and the Secretary's agent
as necessary in the course of cairying out investigations and remedial ac-
tions under subpart I.
(d) Avoidance of Formalities.The provisions for notification and re-
quired correction outlined in paragraphs (a) and (b) of this section and
described more fully in subpart I may be waived or avoided in certain cir-
cumstances under that subpart.
3282.209. Report Requirements.
The manufacturer shall submit reports to the PIAs, S AAs, and the Sec-
retary as required by subpart L of these regulations.
3282.210. Payment of Monitoring Fee.
(a) Each manufacturer shall pay the monitoring fee established under
3282.455 and 3282.307 for each mobile home which it manufactures un-
der the Federal standards.
(b) The monitoring fee shall be paid in the form of a check made pay-
able to the Secretary or the Secretary's agent as follows:
(1) When the first set of labels is obtained from an IPIA under
3282.362(c)(2), the manufacturer shall give to the IPIA the required
check in the amount of the number of labels received plus the number of
mobile homes to which transition certification labels have been applied
multiplied by the amount of the fee per mobile home.
(2) When the second set of labels is obtained, the manufacturer shall
pay an amount equal to the number of labels received multiplied by the
amount of the fee per mobile home, except that the manufacturer shall
receive a credit equal to the amount paid by the manufacturer in the first
payment which was greater than the amount determined by the number
of mobile homes to which the labels were applied multiplied by the
amount of the fee per mobile home. This credit results because the moni-
toring inspection fee is to be paid for each mobile home rather than for
each transportable section of a mobile home.
(3) Each time a set of labels is obtained, the manufacturer shall make
a payment as determined in paragraph (2) above, and if a credit is greater
than the amount to be paid, the credit shall carry over until it is exhausted.
3282.211. Record of Purchasers.
(a) Information requirements for purchasers.
(1) Every manufacturer of mobile homes shall, for each mobile home
manufactured under the Federal standards, provide with the mobile home
a booklet containing at least 3 detachable cards as described in paragraph
(a)(2) of this section. On the front of the booklet, in bold faced type, shall
be printed the following language:
"Keep this booklet with your mobile home.
Title VI of the Housing and Community Development Act of 1974
provides you with protection against certain construction and safety haz-
ards in your mobile home. To help assure your protection, the manufac-
turer of your mobile home needs the information which these cards, when
completed and mailed, will supply. If you bought your home from a deal-
er, please be sure that your dealer has completed and mailed a card for
you. If you acquired your home from someone who is not a dealer, you
should promptly fill out and send a card to the manufacturer. It is impor-
tant that you keep this booklet and give it to any person who buys the mo-
bile home from you."
(2) The detachable cards shall contain blanks for the following infor-
mation:
(i) Name and address of the dealer or other person selling the mobile
. home to the purchaser;
(ii) Name and complete mailing address of the mobile home purchas-
er;
(iii) Address where the mobile home will be located, if not the same
as item (ii);
(iv) Date of sale to the purchaser;
(v) Month, day and year of manufacture;
(vi) Identification number of the mobile home;
(vii) Model and/or type designation of the mobile home as provided
by the manufacturer; and
(viii) A designation of the zones for which the mobile home is
equipped, as set forth in Section 280.305 of Chapter II of this title.
Additionally, the cards shall have the name and address of the man-
ufacturer printed clearly on the reverse side and shall contain adequate
postage or business reply privileges to ensure return to the manufacturer.
The manufacturer shall have the responsibility for filling in the blanks on
the cards for items (v), (vi), (vii), and (viii).
(3) The manufacturer shall maintain all cards received so that the man-
ufacturer has a readily accessible record of the current purchaser or own-
er and the current address of all mobile homes manufactured by it for
which a card has been received.
Subpart F. Dealer and Distributor Responsibilities
3282.251. Scope and Purpose.
(a) This subpart sets out the responsibilities which shall be met by dis-
tributors and dealers with respect to mobile homes manufactured after
the effective date of the standards for sale to purchasers in the United
States. It prohibits the sale, lease, or offer for sale or lease of mobile
homes known by the distributor or dealer not to be in conformance with
the standards, and it includes responsibilities for maintaining certain re-
cords and assisting in the gathering of certain information.
(b) The purpose of this subpart is to inform distributors and dealers
when they may sell mobile homes, when they are prohibited from selling
mobile homes, and what they may do in order to prepare a mobile home
for sale if it is not in conformance with the standards.
(c) For purposes of this Part, any manufacturer or distributor who sells,
leases, or offers for sale or lease a mobile home to a purchaser shall be
a dealer for purposes of that transaction.
3282.252. Prohibition of Sale.
(a) No distributor or dealer shall make use of any means of transporta-
tion affecting interstate or foreign commerce or the mails to sell, lease,
or offer for sale or lease in the United States any mobile home manufac-
tured on or after the effective date of an applicable standard unless:
(1) There is affixed to the mobile home a label certifying that the mo-
bile home conforms to applicable standard as required by 3282.205(c),
and
(2) The distributor or dealer, acting as a reasonable distributor or deal-
er, does not know that the mobile home does not conform to any applica-
ble standards.
(b) This prohibition applies to any affected mobile homes until the
completion of the entire sales transaction. A sales transaction with a pur-
chaser is considered completed when all the goods and services that the
dealer agreed to provide at the time the contract was entered into have
been provided. Completion of a retail sale will be at the time the dealer
completes set-up of the mobile home if the dealer has agreed to provide
the set-up, or at the time the dealer delivers the home to a transporter, if
the dealer has not agreed to transport or set up the mobile home, or to the
site if the dealer has not agreed to provide set-up.
(c) This prohibition of sale does not apply to mobile homes which are
placed in production prior to the effective date of the standards, and it
does not apply to "used" mobile homes which are being sold or offered
for sale after the first purchase in good faith for purposes other than the
resale.
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3282.253. Removal of Prohibition of Sale.
(a) If a distributor or dealer has a mobile home in its possession or a
mobile home with respect to which the sales transaction has not been
completed, and the distributor or dealer, acting as a reasonable distributor
or dealer, knows as a result of notification by the manufacturer or other-
wise that the mobile home contains a failure to conform or imminent
safety hazard, the distributor or dealer may seek the remedies available
to him under 3282.415.
(b) When, in accordance with 3282.415, a manufacturer corrects a fail-
ure to conform to the applicable standard or an imminent safety hazard,
the distributor or dealer, acting as a reasonable distributor or dealer, may
accept the remedies provided by the manufacturer as having corrected
the failure to conform or imminent safety hazard. The distributor or deal-
er, therefore, may sell, lease, or offer for sale or lease any mobile home
so corrected by the manufacturer.
(c) When a distributor or dealer is authorized by a manufacturer to cor-
rect a failure to conform to the applicable standard or an imminent safety
hazard and completes the correction in accordance with the manufactur-
er's instructions, the distributor or dealer may sell, lease or offer for sale
or lease the mobile home in question, provided that the distributor or
dealer, acting as a reasonable distributor or dealer knows that the mobile
home conforms to the standards. A distributor or dealer and a manufac-
turer, at the manufacturer's option, may agree in advance that the distrib-
utor or dealer is authorized to make such corrections as the manufacturer
believes are within the expertise of the dealer.
(d) If the corrections made under paragraphs (b) and (c) of this section
do not bring the mobile home into conformance or correct the imminent
safety hazard, the provisions of 3282.415 will continue in effect prior to
completion of the sales transaction.
3282.254. Distributor and Dealer Alterations.
(a) If a distributor or dealer alters a mobile home in such a way as to
create an imminent safety hazard or to create a condition which causes
a failure to conform with applicable Federal standards, the mobile home
affected may not be sold, leased, or offered for sale or lease.
(b) After correction by the distributor or dealer of the failure to con-
form or imminent safety hazard, the corrected mobile home may be sold,
leased, or offered for sale or lease.
(c) Distributors and dealers shall maintain complete records of all al-
terations made under paragraphs (a) and (b) of this section.
3282.255. Completion of Information Card.
(a) Whenever a distributor or dealer sells a mobile home subject to the
standards to a purchaser, the distributor or dealer shall fill out the card
with information provided by the purchaser and shall send the card to the
manufacturer. (See 3282.211)
(b) Whenever a distributor or dealer sells a mobile home to an owner
which was originally manufactured under the standards, the distributor
or dealer shall similarly use one of the detachable cards which was origi-
nally provided with the mobile home. If such a card is no longer avail-
able, the distributor or dealer shall obtain the information which the card
would require and send it to the manufacturer of the mobile home in an
appropriate format.
3282.256. Distributor or Dealer Complaint Handling.
(a) When a distributor or dealer believes that a mobile home in its pos-
session which it has not yet sold to a purchaser contains an imminent safe-
ty hazard, serious defect, defect, or noncompliance, the distributor or
dealer shall refer the matter to the manufacturer for remedial action under
3282.415. If the distributor or dealer is not satisfied with the action taken
by the manufacturer, it may refer the matter to the SAA in the state in
which the mobile home is located, or to the Secretary if there is no such
SAA.
(b) Where a distributor or dealer receives a consumer complaint or oth-
er information concerning a mobile home sold by the distributor or deal-
er, indicating the possible existence of an imminent safety hazard, seri-
ous defect, defect, or noncompliance in the mobile home, the distributor
or dealer shall refer the matter to the manufacturer.
Subpart G. State Administrative Agencies
3282.301. General— Scope.
This subpart sets out procedures to be followed and requirements to
be met by States which wish to participate as State Administrative Agen-
cies (SAA) under the Federal standards enforcement program. Require-
ments relating to States which wish to participate as primary inspection
agencies under the Federal standards enforcement program are set out in
Subpart H of this part. Requirements which States must meet in order to
receive full or conditional approval as SAAs and the responsibilities of
such agencies are set out in 3282.302. Reporting requirements for ap-
proved and conditionally approved SAAs are set out in Subpart L.
3282.302. State Plan.
A State wishing to qualify and act as a SAA under this subpart shall
make a State Plan Application under this section. The State Plan Applica-
tion shall be made to the Director, Office of Mobile Home Standards, De-
partment of Housing and Urban Development, 45 1 Seventh Street, S.W.,
Washington, D.C. 20410, and shall include:
(a) An original and one copy of a cover sheet which shall show the fol-
lowing:
(1) The name and address of the State agency designated as the sole
agency responsible for administering the plan throughout the state,
(2) The name of the administrator in charge of the agency,
(3) The name, title, address, and phone number of the person responsi-
ble for handling consumer complaints concerning standards related
problems in mobile homes under subpart I of this part,
(4) A list of personnel who will carry out the State Plan,
(5) The number of mobile home manufacturing plants presently oper-
ating in the State,
(6) The estimated total number of mobile homes manufactured in the
State per year, ,
(7) The estimated total number of mobile homes set up in the State per
year, and
(8) A certification signed by the administrator in charge of the desig-
nated State agency stating that, if it is approved by the Secretary, the State
plan will be carried out in full, and that the regularions issued under the
Act shall be followed.
(b) An original and one copy of appropriate materials which:
(1) Demonstrate how the designated State agency shall assure effec-
tive handling of consumer complaints and other information referred to
it that relate to noncompliances, defects, serious defects, and imminent
safety hazards as set out in subpart I of this Part, including the holding
of hearings and presentations of views and the fulfilling all other respon-
sibilities of SAAs as set out in that subpart I,
(2) Provide that personnel of the designated agency shall, under State
law or as agents of HUD, have the right at any reasonable time to enter
and inspect all factories, warehouses, or establishments in the State in
which mobile homes are manufactured,
(3) Provide for the imposition under State authority of civil and crimi-
nal penalties which are identical to those set out in Section 61 1 of the Act,
42 use 5410, except that civil penalties shall be payable to the State rath-
er than to the United States,
(4) Provide for the notification and correction procedures under sub-
part I of this Part where the State Administrative Agency is to act under
that subpart by providing for and requiring approval by the State Admin-
istrative Agency of the plan for notification and correction described in
3282.410, including approval of the number of units that may be affected
and the proposed repairs, and by providing for approval of corrective ac-
tions where appropriate under subpart I,
(5) Provide for oversight by the SAA of (i) remedial actions carried out
by manufacturers for which the SAA approved the plan for notification
or correction under 3282.405, or 3282.407, or for which the SAA has
waived formal notification under 3282.405 or 3282.407, and (ii) a man-
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ufacturer's handling of consumer complaints and other information un-
der 3282.404 as to plants located within the State,
(6) Provide for the setting of monitoring inspection fees in accordance
with guidelines established by the Secretary and provide for participation
in the fee distribution system set out in 3282.307,
(7) Contain satisfactory assurances in whatever form is appropriate
under State law that the designated agency has or will have the legal au-
thority necessary to carry out the State plan as submitted for full or condi-
tional approval,
(8) Contain satisfactory assurances that the designated agency has or
will have, in its own staff or provided by other agencies of the State or
otherwise, the personnel, qualified by education or experience necessary
to carry out the State plan,
(9) Include the resumes of administrative personnel in policy making
positions and of all inspectors and engineers to be utilized by the desig-
nated agency in carrying out the State plan,
(10) Include a certification that none of the personnel who may be in-
volved in carrying out the State plan in any way are subject to any conflict
of interest of the type discussed in 3282.359 or otherwise, except that
members of councils, committees, or similar bodies providing advice to
the designated agency are not subject to the requirement,
(11) Include an estimate of the cost to the State of carrying out all acti-
vities called for in the State plan, under this section and 3282.303, which
estimate shall be broken down by particular function and indicate the cor-
relation between the estimate and the number of mobile homes manufac-
tured in the State and the number of mobile homes imported into the
State, and the relationship of these factors to any fees currently charged
and any fees charged during the preceding two calendar years. A descrip-
tion of all current and past State activities with respect to mobile homes
shall be included with this estimate,
(12) Give satisfactory assurances that the State shall devote adequate
funds to carrying out its State plan,
(13) Indicate that State Law requires manufacturers, distributors, and
dealers in the State to make reports pursuant to Section 614 of the Act 42
U.S.C. 541 3 and this chapter of these regulations in the same manner and
to the same extent as if the State plan were not in effect,
(14) Provide that the designated agency shall make reports to the Sec-
retary as required by subpart L of this Part in such form and containing
such information as the Secretary shall from time to time require.
(c) A State plan may be given conditional approval if all of the require-
ments of the previous paragraphs except (b)(2), (b)(3), (b)(6), or (b)(13)
are met. When conditional approval is given, the State shall not be con-
sidered approved under Section 623 of the Act, 42 U.S.C. 5422, but it will
participate in all phases of the program as called for in its State plan. Con-
ditional approval shall last a maximum of three years, by which time all
requirements shall have been met for full approval, or conditional ap-
proval shall lapse.
(d) If a State wishes to discontinue participation in the Federal enforce-
ment program as an SAA, it shall provide the Secretary with a minimum
of 90 days notice.
(e) A State which wishes to act as an exclusive IPIA under 3282.352
shall so indicate in its State plan, and shall include in the information pro-
vided under subsection (b)(l 1) of this section, the fee schedule for its ac-
tivities as an IPIA and the relationship between the proposed fees and the
other information provided under that subsection.
The State shall submit to the Secretary before June 15, 1976, a State-
ment of its intent to act as an exclusive IPIA. It shall also submit its State
Plan Application no later than July 15, 1976. The State shall also demon-
strate in its State Plan Application that it has the present capability to act
as an IPIA for all plants operating in the State. Where the intent to act as
an exclusive IPIA is not indicated by June 15, 1976, the State may not act
as an exclusive IPIA act for three years, from that date. A state so pre-
cluded may apply for exclusive IPIA status as of June 15, 1979. Where
the State does not demonstrate that it has the present capability to act as
an exclusive IPIA the State shall also be so precluded, unless the Secre-
tary determines in the public interest that the State has an acceptable plan
for meeting this requirement, in which case the State may act as an exclu-
sive IPIA only when it has the required capability. If the Secretary deter-
mines that the fees to be charged by a State acting as an IPIA are unrea-
sonable, the Secretary shall not grant the State status as an exclusive
IPIA.
3282.303. State Plan — Suggested Provisions.
The following are not required to be included in the State plan, but they
are urged as necessary to provide full consumer protection and assurance
of mobile home safety:
(a) Provision for monitoring of dealers' lots within the State for transit
damage, seal tampering, and dealer performance generally,
(b) Provision of approvals of all alterations made to certified mobile
homes by dealer in the State. Under this program, the State would assure
that alterations did not result in the failure of the mobile home to comply
with the standards,
(c) Provision for monitoring of the installation of mobile homes set up
in the State to assure that the homes are properly installed and, where nec-
essary, tied down,
(d) Provision for inspection of used mobile homes and requirements
under State authority that used mobile homes meet a minimal level of
safety and durability at the time of sale, and,
(e) Provision for regulation of mobile home transportation over the
road to the extent that such regulation is not preempted by Federal author-
ity.
3282.304. Inadequate State Plan.
If the Secretary determines that a State plan submitted under this sub-
part is not adequate, the designated State agency shall be informed of the
additions and corrections required for approval. A revised State plan
shall be submitted within 30 days of receipt of such determination. If the
revised State plan is inadequate or if the State fails to resubmit within the
30 day period or otherwise indicates that it does not intend to change its
State plan as submitted, the Secretary shall notify the designated State
agency that the State plan is not approved and that it has a right to a hear-
ing on the disapproval in accordance with Subpart D of this Part.
3282.305. State Plan Approval.
The Secretary's approval or conditional approval of a State Plan
Application shall qualify that State to perform the functions for which it
has been approved.
3282.306. Withdrawal of State Approval.
The Secretary shall, on the basis of reports submitted by the State, and
on the basis of HUD monitoring, make a continuing evaluation of the
manner in which each State is carrying out its State plan and shall submit
the reports of such evaluation to the appropriate committees of the Con-
gress. Whenever the Secretary finds, after affording due notice and op-
portunity for a hearing in accordance with Subpart D of this Part, that in
the administration of the State program there is a failure to comply sub-
stantially with any provision of the State plan or that the State plan has
become inadequate, the Secretary shall notify the State of withdrawal of
approval or conditional approval of the State program. The State program
shall cease to be in effect at such time as the Secretary may establish.
3282.307. Monitoring Inspection Fee Establishment and
Distribution.
(a) Each approved State shall establish a monitoring inspection fee in
an amount established by the Secretary. This monitoring inspection fee
shall be an amount paid by each mobile home manufacturer in the State
for each mobile home produced by the manufacturer in that State. In non-
approved and conditionally-approved States, this monitoring inspection
fee shall be set by the Secretary.
(b) The monitoring inspection fee shall be paid by the manufacturer
to the Secretary or the Secretary' s agent, who shall distribute the fees col-
lected from all mobile home manufacturers among the approved and con-
ditionally-approved States based on the number of new mobile homes
whose first location after leaving the manufacturing plant is on the prem-
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ises of distributor, dealer, or purchaser in that State, and the extent of par-
ticipation of the State in the joint team monitoring program set out in
3282.309(a).
3282.308. State Participation in Monitoring of Primary
Inspection Agencies.
(a) An SAA may provide personnel to participate in joint team moni-
toring of primary inspection agencies as set out in Subpart J. If an SAA
wishes to do so, it must include in its State plan a list of what personnel
would be supplied for the teams, their qualifications, and how many per-
son-years the State would supply. All personnel will be subject to ap-
proval by the Secretary or the Secretary's agent. A person-year is 2,080
hours of work.
(b) If an SAA wishes to monitor the performance of primary inspec-
tion agencies acting within the State, it must include in its State plan a de-
scription of how extensively, how often, and by whom this will be carried
out. This monitoring shall be coordinated by the Secretary, or the Secre-
tary's agent with monitoring carried out by joint monitoring teams, and
in no event shall an SAA provide monitoring where the State is also act-
ing as a primary inspection agency.
3282.309. Hearings and Presentations of Views Held by SAAs.
(a) When an SAA is the appropriate agency to hold a hearing or presen-
tation of views under 3282.407 of subpart I, the SAA shall follow the pro-
cedures set out in 3282.152 and 3282.153, with the SAA acting as the
Secretary otherwise would under that section. Where 3282.152 requires
publication of notice in the Federal Register, the SAA shall, to the maxi-
mum extent possible, provide equivalent notice throughout the state by
publication in a newspaper or newspapers having state-wide coverage or
otherwise. The determination of whether to provide a presentation of
views under 3282.153(0 or a hearing section under 3282.152(g) is left
to the SAA.
(b) Notwithstanding the provisions of 3282.152(f)(2) and (g)(2) relat-
ing to the conclusive effect of a final determination, any party, in a pro-
ceeding held at an SAA under this section, including specifically the
owners of affected mobile homes, States in which affected mobile homes
are located, consumer groups representing affected owners and manufac-
turers (but limited to parties with similar substantial interest) may appeal
to the Secretary in writing any Final Determination by an SAA which is
adverse to the interest of that party. This appeal on the record shall be
made within 30 days of the date on which the Final Determination was
made by the SAA.
Subpart H. Primary Inspection Agencies
3282.351. General.
(a) This subpart sets out the requirements which must be met by States
or private organizations which wish to qualify as primary inspection
[The next page is 127.]
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agencies under these regulations. It also sets out the various functions
which will be carried out by primary inspection agencies.
(b) There are four basic functions which are performed by primary in-
spection agencies:
( 1) approval of the manufacturer's mobile home design to assure that
it is in compliance with the standard, (2) approval of the manufacturer's
quality control program to assure that it is compatible with the design (3)
approval of the manufacturer's plant facility and manufacturing process
to assure that the manufacturer can perform its approved quality control
program and can produce mobile homes in conformance with its ap-
proved design, and (4) performance of ongoing inspections of the man-
ufacturing process in each manufacturing plant to assure that the man-
ufacturer is continuing to perform its approved quality control program
and, with respect to those aspects of mobile homes inspected, is continu-
ing to produce mobile homes in performance with its approved designs
and in conformance with the standards (see 328 2.362(c)(1)).
(c) There are two types of primary inspection agencies which perform
these functions:
(1 ) those which approve designs and quality control programs (Design
Approval Primary Inspection Agencies — DAPlAs) and
(2) those which approve plants and perform ongoing inspections in the
manufacturing plants (Production Inspection Primary Inspection Agen-
cies— IPIAs).
(d) States and private organizations whose submissions under this sub-
part are acceptable shall be granted provisional acceptance. Final accep-
tance shall be conditioned upon adequate performance, which will be de-
termined through monitoring of the actions of the primary inspection
agencies. Monitoring of all primary inspection agencies shall be carried
out as set out in Subpart J. HUD accepted agencies can perform DAPIA
functions for any manufacturer in any State and IPIA functions in any
State except those in which the State has been approved to act as the ex-
clusive IPIA under 3282.352.
(e) Primary inspection agencies approved under this subpart may con-
tract with mobile home manufacturers (see 3282.202) to provide the ser-
vices set out in this subpart. Any PIA which charges fees which are exces-
sive in relation to the services rendered shall be subject to disqualification
under 3282.356.
3282.352. State Exclusive IPIA Functions.
(a) Any State which has an approved State Administrative Agency
may, if accepted as an IPIA, act as the exclusive IPIA within the State.
A State which acts as an IPIA but is not approved as an SAA may not act
as the exclusive IPIA in the State. A State which acts as an exclusive IPIA
shall be staffed to provide IPIA services to all manufacturers within the
state and may not charge unreasonable fees for those services.
(b) States which wish to act as exclusive IPIAs shall apply for approval
to do so in their State plan applications. They shall specify the fees they
will charge for IPIA services and shall submit proposed fee revisions to
the Secretary prior to instituting any change in fees. If at any time the Sec-
retary finds that those fees are not commensurate with the fees generally
being charged for similar services, the Secretary will withhold or revoke
approval to act as an exclusive IPIA. States acting as DAPIAs and also
as exclusive IPIAs shall establish separate fees for the two functions and
shall specify what additional services (such as approval of design
changes and full time inspections) these fees cover. As provided in
3282.302(b)(II), each State shall submit fee schedules for its activities
and, where appropriate, the fees presently charged for DAPIA and IPIA
services, and any fees charged for DAP lA and IPIA services during the
preceding two calendar years.
(c) A State's status as an exclusive IPIA in the State shall commence
upon approval of the State Plan Application and acceptance of the State's
submission under 3282.355, except as provided herein. Where a State
was approved to provide IPIA functions under the Title I program, the
State's status as an exclusive IPIA shall commence on the date the State
submits to the Secretary a statement that it intends to act as an exclusive
IPIA, but only if it affirms that the State has the present capacity to pro-
vide IPIA services for all manufacturing plants in the State. If the State
indicates its desire to act as an exclusive IPIA, though it does not have
the present capacity to do so, but affirms that it will within 90 days have
the capacity to provide IPIA services to all manufacturers in the State,
then the Slate's status as an exclusive IPIA shall commence on the date
the state affirms it will have such capacity. Continuation of such a State's
status as an exclusive IPIA is conditioned upon submittal of the State
Plan Application as required by 3282.302(e) and upon final approval of
that application. It is also conditioned upon the State adequately fulfilling
its affirmation to provide IPIA services to all manufacturing plants in the
State. Where a private organization accepted or provisionally accepted
as an IPIA under this Subpart operating in a manufacturing plant within
the State on the date the State's status as an exclusive IPIA would com-
mence under this paragraph, the organization may provide IPIA services
in that plant for 90 days after that date.
3282.353. Submission Format.
States and private organizations which wish to act as primary inspec-
tion agencies shall submit to the Director, Office of Mobile Home Stan-
dards, Department of Housing and Urban Development, 451 Seventh St.,
S.W., Washington, D.C. 20410, an application which includes the fol-
lowing:
(a) A cover sheet which shall show the following:
(1) Name and address of the party making the appUcation;
(2) The capacity (DAPIA, IPIA) in which the party wishes to be ap-
proved to act;
(3) A list of the key personnel who will perform the various functions
required under these regulations;
(4) The number of mobile home manufacturers and manufacturing
plants for which the submitting party proposes to act in each of the capa-
cities for which it wishes to be approved to act;
(5) The estimated total number of mobile homes produced by those
manufacturers and in those plants per year;
(6) The number of years the proposed primary inspection agency has
been actively engaged in the enforcement of mobile home standards;
(7) A certification by the party applying that it will follow the Federal
Mobile Home Construction and Safety Standards set out at 24 CFR Part
280 and any interpretations of those standards which may be made by the
Secretary; and
(8) Whether the submitting party is approved to act as a primary in-
spection agency under the Title I program, and if so, in what capacity.
(b) A detailed schedule of fees to be charged broken down by the ser-
vices for which they will be charged.
(c) A detailed description of how the submitting party intends to carry
out all of the functions for which it wishes to be approved under this sub-
part, with appropriate cross-references to sections of this subpart, includ-
ing examples and complete descriptions of all reports, tests, and evalua-
tions which the party would be required to make. Where appropriate,
later sections of this subpart identify particular items which must be in-
cluded in the submission. The Secretary may request further detailed in-
formation, when appropriate.
(d) A party wishing to be approved as a DAPIA shall submit a copy
of a mobile home design that it has approved (or if it has not approved
a design, one that it has evaluated and a deviation report showing where
the design is not in conformance with the standards) and a copy of a quali-
ty assurance manual that it has approved (or if it was not approved a man-
ual, one that it has evaluated and a deviation report showing where the
manual is inadequate).
(e) A party wishing to be approved as an IPIA shall submit a copy of
a certification report which it has prepared for a mobile home plant or,
if it has not prepared such a report, an evaluation of a manufacturing plant
which it has inspected with a description of what changes shall be made
before a certification report can be issued. A party that has not previously
inspected mobile homes may nevertheless be accepted on the basis of the
qualifications of its personnel and its commitment to perform the re-
quired functions.
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Factory-Built Housing and Mobile Homes
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agencies under these regulations. It also sets out the various functions
which will be carried out by primary inspection agencies.
(b) There are four basic functions which are performed by primary in-
spection agencies:
(1) approval of the manufacturer's mobile home design to assure that
it is in compliance with the standard, (2) approval of the manufacturer's
quality control program to assure that it is compatible with the design (3)
approval of the manufacturer's plant facility and manufacturing process
to assure that the manufacturer can perform its approved quality control
program and can produce mobile homes in conformance with its ap-
proved design, and (4) performance of ongoing inspections of the man-
ufacturing process in each manufacturing plant to assure that the man-
ufacturer is continuing to perform its approved quality control program
and. with respect to those aspects of mobile homes inspected, is continu-
ing to produce mobile homes in performance with its approved designs
and in conformance with the standards (see 328 2.362(c)(1)).
(c) There are two types of primary inspection agencies which perform
these functions:
(1) those which approve designs and quality control programs (Design
Approval Primary Inspection Agencies — DAPlAs) and
(2) those which approve plants and perform ongoing inspections in the
manufacturing plants (Production Inspection Primary Inspection Agen-
cies— IPIAs).
(d) States and private organizations whose submissions under this sub-
part are acceptable shall be granted provisional acceptance. Final accep-
tance shall be conditioned upon adequate performance, which will be de-
termined through monitoring of the actions of the primary inspection
agencies. Monitoring of all primary inspection agencies shall be carried
out as set out in Subpart J. HUD accepted agencies can perform DAPIA
functions for any manufacturer in any State and IPIA functions in any
State except those in which the State has been approved to act as the ex-
clusive IPIA under 3282.352.
(e) Primary inspection agencies approved under this subpart may con-
tract with mobile home manufacturers (see 3282.202) to provide the ser-
vices set out in this subpart. Any PIA which charges fees which are exces-
sive in relation to the services rendered shall be subject to disqualification
under 3282.356.
3282.352. State Exclusive IPIA Functions.
(a) Any State which has an approved State Administrative Agency
may, if accepted as an IPIA, act as the exclusive IPIA within the State.
A State which acts as an IPIA but is not approved as an SAA may not act
as the exclusive IPIA in the State. A State which acts as an exclusive IPIA
shall be staffed to provide IPIA services to all manufacturers within the
state and may not charge unreasonable fees for those services.
(b) States which wish to act as exclusive IPIAs shall apply for approval
to do so in their State plan applications. They shall specify the fees they
will charge for IPIA services and shall submit proposed fee revisions to
the Secretary prior to instituting any change in fees. If at any time the Sec-
retary finds that those fees are not commensurate with the fees generally
being charged for similar services, the Secretary will withhold or revoke
approval to act as an exclusive IPIA. States acting as DAPIAs and also
as exclusive IPIAs shall establish separate fees for the two functions and
shall specify what additional services (such as approval of design
changes and full time inspections) these fees cover. As provided in
3282.302(b)(II), each State shall submit fee schedules for its activities
and, where appropriate, the fees presently charged for DAPIA and IPIA
services, and any fees charged for DAP lA and IPIA services during the
preceding two calendar years.
(c) A State's status as an exclusive IPIA in the State shall commence
upon approval of the State Plan Application and acceptance of the State's
submission under 3282.355, except as provided herein. Where a State
was approved to provide IPIA functions under the Title I program, the
State's status as an exclusive IPIA shall commence on the date the State
submits to the Secretary a statement that it intends to act as an exclusive
IPIA, but only if it affirms that the State has the present capacity to pro-
vide IPIA services for all manufacturing plants in the State. If the State
indicates its desire to act as an exclusive IPIA, though it does not have
the present capacity to do so, but affirms that it will within 90 days have
the capacity to provide IPIA services to all manufacturers in the State,
then the State's status as an exclusive IPIA shall commence on the date
the state affirms it will have such capacity. Continuation of such a State's
status as an exclusive IPIA is conditioned upon submittal of the State
Plan Application as required by 3282.302(e) and upon final approval of
that application. It is also conditioned upon the State adequately fulfilling
its affirmation to provide IPIA services to all manufacturing plants in the
State. Where a private organization accepted or provisionally accepted
as an IPIA under this Subpart operating in a manufacturing plant within
the State on the date the State's status as an exclusive IPIA would com-
mence under this paragraph, the organization may provide IPIA services
in that plant for 90 days after that date.
3282.353. Submission Format.
States and private organizations which wish to act as primary inspec-
tion agencies shall submit to the Director, Office of Mobile Home Stan-
dards, Department of Housing and Urban Development, 451 Seventh St.,
S.W., Washington, D.C. 20410, an application which includes the fol-
lowing:
(a) A cover sheet which shall show the following:
(1) Name and address of the party making the application;
(2) The capacity (DAPIA, IPIA) in which the party wishes to be ap-
proved to act;
(3) A list of the key personnel who will perform the various funcfions
required under these regulations;
(4) The number of mobile home manufacturers and manufacturing
plants for which the submitting party proposes to act in each of the capa-
cities for which it wishes to be approved to act;
(5) The estimated total number of mobile homes produced by those
manufacturers and in those plants per year;
(6) The number of years the proposed primary inspection agency has
been acdvely engaged in the enforcement of mobile home standards;
(7) A certification by the party applying that it will follow the Federal
Mobile Home Construction and Safety Standards set out at 24 CFR Part
280 and any interpretations of those standards which may be made by the
Secretary; and
(8) Whether the submitting party is approved to act as a primary in-
spection agency under the Title I program, and if so, in what capacity.
(b) A detailed schedule of fees to be charged broken down by the ser-
vices for which they will be charged.
(c) A detailed description of how the submitting party intends to carry
out all of the functions for which it wishes to be approved under this sub-
part, with appropriate cross-references to sections of this subpart, includ-
ing examples and complete descriptions of all reports, tests, and evalua-
tions which the party would be required to make. Where appropriate,
later sections of this subpart identify particular items which must be in-
cluded in the submission. The Secretary may request further detailed in-
formation, when appropriate.
(d) A party wishing to be approved as a DAPIA shall submit a copy
of a mobile home design that it has approved (or if it has not approved
a design, one that it has evaluated and a deviation report showing where
the design is not in conformance with the standards) and a copy of a quali-
ty assurance manual that it has approved (or if it was not approved a man-
ual, one that it has evaluated and a deviation report showing where the
manual is inadequate).
(e) A party wishing to be approved as an IPIA shall submit a copy of
a certification report which it has prepared for a mobile home plant or,
if it has not prepared such a report, an evaluation of a manufacturing plant
which it has inspected with a description of what changes shall be made
before a certification report can be issued. A party that has not previously
inspected mobile homes may nevertheless be accepted on the basis of the
qualifications of its personnel and its commitment to perform the re-
quired functions.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(f) A primary inspection agency which has been approved under the
Title I program, shall submit a statement reaffirming all commitments
made under Title I, names and resumes of new key personnel, a certifica-
tion that it will enforce the standard in accordance with these regulations,
and a statement of fees as required by 3282.353(b).
3282.354. Submittal of False Information or Refusal to Submit
Information.
The submittal of false information or the refusal to submit information
required under this subpart may be sufficient cause for the Secretary to
revoke or withhold acceptance.
3282.355. Submission Acceptance.
(a) A party whose submission is determined by the Department to be
adequate shall be granted provisional acceptance until December 15,
1976, or for a six months period from the date of such determination,
whichever is later.
(b) A party that has been accepted as a primary inspection agency un-
der the Title I program shall be granted provisional acceptance for 30
days as of the effective date of these regulations. This provisional accep-
tance shall be extended to December 15, 1976, when the submission re-
quired by 3282.353(f) has been made, within 30 days of the effective date
of these regulations.
(c) Final acceptance of a party to act as a primary inspection agency
will be contingent upon adequate performance during the period of pro-
visional acceptance as determined through monitoring carried out under
Subpart J and upon satisfactory acceptance under 3282.361(e) or
3282.362(e). Final acceptance shall be withheld if performance is inade-
quate.
(d) Continued acceptance as a primary inspection agency shall be con-
tingent upon continued adequacy of performance as determined through
monitoring carried out under Subpart J. If the Secretary determines that
a primary inspection agency that has been granted final acceptance is per-
forming inadequately, the Secretary shall suspend the acceptance, and
the primary inspection agency shall be entitled to a hearing or presenta-
tion of views as set out in Subpart D of this part.
3282.356. Disqualification and Requalification of Primary
Inspection Agencies.
(a) The Secretary, based on monitoring reports or other reliable infor-
mation, may determine that a primary inspection agency which has been
accepted under this subpart is not adequately carrying out one or more
of its required functions. In so doing, the Secretary shall consider the im-
pact of disqualification on manufacturers and other affected parties and
shall seek to assure that the manufacturing process is not unnecessarily
disrupted thereby. Whenever the Secretary disqualifies a primary inspec-
tion agency under this section, the primary inspection agency shall have
a right to a hearing or presentation of views under Subpart D of this part.
(b) Interested persons may petition the Secretary to disqualify a prima-
ry inspection agency under the provisions of 3282.156(b).
(c) A primary inspection agency which has been disqualified under
paragraph (a) may resubmit an application under 3282.353. The submis-
sion shall include a full explanation of how problems or inadequacies
which resulted in disqualifications have been rectified and how the pri-
mary inspection agency shall assure that such problems shall not recur.
(d) When appropriate, the Secretary shall publish in the Federal Regis-
ter or otherwise make available to the public for comment a disqualified
PIA's application for requalification, subject to the provisions of
3282.54.
3282.357. Bacliground and Experience.
All private organizations shall submit statements of the organizations'
experience in the housing industry, including a list of housing products,
equipment, and structures for which evaluation, testing and follow-up
inspection services have been furnished. They shall also submit state-
ments regarding the length of time these services have been provided by
them. In addition, all such submissions shall include a list of other prod-
ucts for which the submitting party provides evaluation, inspection, and
listing or labeling services and the standard applied to each product, as
well as the length of time it has provided these additional services.
3282.358. Personnel.
(a) Each primary inspection agency shall have qualified personnel ca-
pable of carrying out all of the functions for which the primary inspection
agency is seeking to be approved or disapproved. Where a State intends
to act as the exclusive IPIA in the State, it shall show that it has adequate
personnel to so act in all plants in the State.
(b) Each submission shall indicate the total number of personnel
employed by the submitting party, the number of personnel available for
this program, and the locations of the activities of the personnel to be used
in the program.
(c) Each submission shall include the names and quahfications of the
administrator and the supervisor who will be directly responsible for the
program, and resumes of their experience.
(d) Each submission shall contain the information set out in para-
graphs (d)(1) through (d)(9) of this section. Depending upon the func-
tions (DAPIA, or IPIA) to be undertaken by a particular primary inspec-
tion agency, some of the categories of personnel listed may not be
required. In the cases, the submission should indicate which of the cate-
gories of information are not required and explain why they are not need-
ed. The submission should identify which personnel will carry out each
of the functions the party plans to perform. The qualifications of the per-
sonnel to perform one or more of the functions will be judged in accor-
dance with the requirements of ASTM Standard E-541 except that the
requirement for registration as a professional engineer or architect may
be waived for personnel whose quahfications by experience or education
equal those of a registered engineer or architect. The categories of per-
sonnel to be included in the submission are as follows:
(1 ) The names of engineers practicing structural engineering who will
be involved in the evaluation, testing, or follow-up inspection services,
and resumes of their experience.
(2) The names of engineers practicing mechanical engineering who
will be involved in the evaluation, testing, or follow-up, inspection ser-
vices and resumes of their experience.
(3) The names of engineers practicing electrical engineering who will
be involved in the evaluation, testing, or follow-up inspection services
and resumes of their experience.
(4) The names of engineers practicing fire protection engineering who
will be involved in the evaluation, testing, or follow-up inspection ser-
vices, and resumes of their experience.
(5) The names of all other engineers assigned to this program, the ca-
pacity in which they will be employed, and resumes of their experience.
(6) The names of all full-time and part-time consulting architects and
engineers, their registration, and resumes of their experience.
(7) The names of inspectors and other technicians along with resumes
of experience and a description of the type of work each will perform.
(8) A general outline of the applicant agency's training program for
assuring that all inspectors and other technicians are property trained to
do each specific job assigned.
(9) The names and qualifications of individuals serving on advisory
panels that assist the applicant agency in making its pohcies conform
with the public interest in the field of public health and safety.
(e) All information required by this section shall be kept current. The
Secretary shall be notified of any change in personnel or management or
change of ownership or state jurisdiction within 30 days of such change.
3282.359. Conflict of Interest.
(a) All submissions by private organizations shall include a statement
that the submitting party is independent in that it does not have any actual
or potential conflict of interest and is not affiliated with or influenced or
controlled by any producer, supplier, or vendor of products in any man-
ner which might affect its capacity to render reports of findings objective-
ly and without bias.
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Factory-Built Housing and Mobile Homes
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(b) A private organization shall be judged to be free of conflicting affil-
iation, influence, and control if it demonstrates compliance with all of the
following criteria:
( 1 ) It has no managerial affiliation with any producer, supplier, or ven-
dor of products for which it performs PIA services, and is not engaged
in the sale or promotion of any such product or material;
(2) The results of its work do not accrue financial benefits to the orga-
nization via stock ownership of any producer, supplier or vendor of the
products involved;
(3) Its directors and other management personnel and its engineers and
inspectors involved in certification activities hold no stock in and receive
no stock option or other benefits, financial, or otherwise, from any pro-
ducer, supplier, or vendor of the product involved, other than compensa-
tion under 3282.202 of this part;
(4) The employment security status of its personnel is free of influence
or control of any producer, suppher, or vendor, and
(5) It does not perform design or quality assurance manual approval
services for any manufacturer whose design or manual has been created
or prepared in whole or in part by engineers of its organization or engi-
neers of any affiliated organization.
(c) All submissions by States shall include a statement that personnel
who will be in any way involved in carrying out the State plan of PIA
function are free of any conflict of interest except that with respect to
members of councils, committees or similar bodies providing advice to
the designated agency are not subject to this requirement.
3282.360. PIA Acceptance of Product Certification Programs or
Listings.
In determining whether products to be included in a mobile home are
acceptable under the standards set out in Part 280 of Chapter II of 24 CFR,
all PIAs shall accept all product verification programs, labelings, and list-
ings unless the PIA has reason to believe that a particular certification is
not acceptable in which case, the PIA shall so inform the Secretary and
provide the Secretary with full documentation and information on which
it basis its belief. Pending a determination by the Secretary, the PIA shall
provisionally accept the certification. The Secretary's determination
shall be binding on all PIAs.
3282.361. Design Approval Primary Inspection Agency
(DAPIA).
(a) General.
(1) The DAPIA selected by a manufacturer under Section 3282.203
shall be responsible for evaluating all mobile home designs submitted to
it by the manufacturer and for assuring that they conform to the standards.
It shall also be responsible for evaluating all quality control programs
submitted to it by the manufacturer by reviewing the quality assurance
manuals in which the programs are set out to assure that the manuals re-
flect programs which are compatible with the designs to be followed and
which commit the manufacturer to make adequate inspections and tests
of every part of every mobile home produced.
(2) A design or quality assurance manual approved by a DAPIA shall
be accepted by all IPIAs acting under 3282.362 who deal with the design,
quality assurance manual, or mobilhomes built to them, and by all other
parties, as, respectively, being in conformance with the Federal standards
or as providing for adequate quality control to assure conformance. How-
ever, each design and quality assurance manual is subject to review and
verification by the Secretary or the Secretary's agent at any time.
(b) Designs.
(1) In evaluating designs for compliance with the standards, the DA-
PIA will not allow any deviations from accepted engineering practice
standards for design calculations or any deviations from accepted test
standards, except that the DAPIA, for good cause, may request the Secre-
tary to accept innovations which are not yet accepted practices. Accep-
tances by the secretary shall be published in the form of interpretative
bulletins, where appropriate.
(2) The DAPIA shall require the manufacturer to submit floor plans
and specific information for each mobile home design or variation which
the DAPIA is to evaluate. It shall also require the submission of draw-
ings, specifications, calculations, and test records of the structural, elec-
trical and mechanical systems of each such mobile home design or varia-
tion. The manufacturer need not supply duphcate information where
systems are common to several floor plans. Each DAPIA shall develop
and carry out procedures for evaluating original mobile home designs by
requiring manufacturers to submit necessary drawings and calculations
and carry out such verifications and calculations as it deems necessary.
Where compliance with the standards cannot be determined on the basis
of drawings and calculations, the DAPIA shall require any necessary
tests to be carried out at its own facility, at separate testing facilities or
at the manufacturer's plant.
(3) Design Deviation Report. After evaluating the manufacturer's de-
sign, the DAPIA shall furnish the manufacturer with a design deviation
report which specifies in detail, item by item with appropriate citations
to the standards, the specific deviations in the manufacturer's design
which must be rectified in order to produce mobile homes which comply
with the standards. The design deviation report may acknowledge the
possibility of alternative designs, tests, listings, and certifications and
state the conditions under which they will be acceptable. The design de-
viation report shall, to the extent practicable, be complete for each design
evaluated in order to avoid repeated rejections and additional costs to the
manufacturer.
(4) Design Approval. The DAPIA shall signify approval of a design
by placing its stamp of approval or authorized signature on each drawing
and each sheet of test results. The DAPIA shall clearly cross-reference
the calculations and test results to applicable drawings. The DAPIA may
require the manufacturer to do the cross-referencing if it wishes. It shall
indicate on each sheet how any deviations from the standards have been
or shall be resolved. Within 5 days after approving a design, the DAPIA
shall forward a copy of the design to the manufacturer and the Secretary
or the Secretary's agent (prior to the effective date of the standards the
latter copy shall go to the Secretary).
The DAPIA shall maintain a complete up-to-date set of approved de-
signs and design changes approved under paragraph (b)(5) which it can
duplicate and copies of which it can furnish to interested parties as need-
ed when disputes arise.
(5) Design Change Approval. The DAPIA shall also be responsible for
approving all changes which a manufacturer wishes to make in a design
approved by the DAPIA. In reviewing design changes, the DAPIA shall
respond as quickly as possible to avoid disruption of the manufacturing
process. Within 5 days after approving a design change, the DAPIA shall
forward a copy of this change to the manufacturer and the Secretary or
the Secretary's agent as set out in paragraph (b)(4) of this section to be
included in the design to which the change was made.
(c) Quality Assurance Manuals.
(1 ) In evaluating a quality assurance manual, the DAPIA shall identify
any aspects of designs to be manufactured under the manual which re-
quire special quality control procedures. The DAPIA shall determine
whether the manual under which a particular design is to be manufac-
tured reflects those special procedures, and shall also determine whether
the manuals which it evaluates provide for such inspections and testing
of each mobile home so that the manufacturer, by following the manual,
can assure that each mobile home it manufactures will conform to the
standards. The manual shall, at a minimum, include the information set
out in 3282.203(c).
(2) Manual Deviation Report. After evaluating a manufacturer's qual-
ity assurance manual, the DAPIA shall furnish the manufacturer with a
manual deviation report which specifies in detail any changes which a
manufacturer must make in order for the quality assurance manual to be
acceptable. The manual deviation report shall, to the extent practicable,
be complete for each design in order to avoid repeated rejections and ad-
ditional costs to the manufacturer.
(3) Manual Approval. The DAPIA shall signify approval of the man-
ufacturer' s quality assurance manual by placing its stamp of approval or
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authorized signature on the cover page of the manual. Within 5 days of
approving a quaUty assurance manual, the DAPIA shall forward a copy
of the quality assurance manual to the manufacturer and the Secretary or
the Secretary' s agent (prior to the effective date of the standards, the latter
copy shall go to the Secretary). The DAPIA shall maintain a complete
up-to-date set of approved manuals and manual changes approved under
paragraph (c)(4) of this section which it can duplicate and copies of
which it can furnish to interested parties as needed when disputes arise.
(4) Manual Change Approval. Each change the manufacturer wishes
to make in its quality assurance manual shall be approved by the DAPIA.
Within 5 days after approving a manual change, the DAPIA shall forward
a copy of the change to the manufacturer and the Secretary or the Secre-
tary's agent as set out in paragraph (c)(3) of this section to be included
in the manual to which the change was made.
(d) Special provision — Title I approvals. A design that has been ap-
proved by an organization accepted by the Secretary prior to June 15,
1976, under the Title I program need not be reevaluated, but it shall be
revised to bring it into conformance with the Federal standards. When the
DAPIA that approved a Title I design to the ANSI Standard has approved
the design changes that bring the design into conformance with the Fed-
eral standards, that design shall be considered approved for purposes of
these regulations. Quality assurance manuals that have been approved
under the Title I program shall be considered approved for purposes of
these regulations. The DAPIA that approved the Title 1 design and any
required design changes or the quality assurance manual shall assure that
copies of each are distributed as new designs, manuals, and changes will
be accomplished under paragraphs (b) and (c) of this section. New copies
need not be distributed to parties which already have copies.
(e) Requirements for Full Acceptance — DAPIA.
(1) Before granting full acceptance to a DAPIA, the Secretary of the
Secretary's agent shall review and evaluate at least one complete design
and one quality assurance manual which has been approved by the DA-
PIA. These shall be designs and manuals approved to the Federal stan-
dards, and they shall be chosen at random from those approved by the
DAPIA during the period of provisional acceptance.
(2) If the Secretary determines that a design or quality assurance man-
ual shows an inadequate level of performance, the Secretary or the Secre-
tary's agent shall carry out further evaluations. If the Secretary finds the
level of performance to be unacceptable, the Secretary shall not grant full
acceptance. If full acceptance has not been granted by the end of the pro-
visional acceptance period, provisional acceptance shall lapse unless the
Secretary determines that the failure to obtain full acceptance resulted
from the fact that the Secretary or her agent has not had adequate time in
which to complete an evaluation.
3282.362. Production Inspection Primary Inspection Agencies
(IPIAs).
(a) General.
(1) IPIA Responsibilities. An IPIA selected by a manufacturer under
3282.204 to act in a particular manufacturing plant shall be responsible
for assuring:
(i) That the plant is capable of following the quality control procedures
set out in the quality assurance manual to be followed in that plant;
(ii) That the plant continues to follow the quality assurance manual;
(iii) That any part of any mobile home that it actually inspects con-
forms with the design, or where the design is not specific with respect to
an aspect of the standards, to the standards, and
(iv) That whenever it finds a mobile home in production which fails
to conform to the design or where the design is not specific, to the stan-
dards, the failure to conform is corrected before the mobile home leaves
the manufacturing plant; and
(v) That if a failure to conform to the design, or where the design is not
specific, to the standards, is found in one mobile home, all other homes
still in the plant which the IPIA's records or the records of the manufac-
turer indicate might not conform to the design or to standards are in-
spected and, if necessary, brought up to the standards before they leave
the plant.
The IPIA is also generally responsible for reviewing and concurring
in or disputing manufacturer determinations of the number of mobile
homes affected under 3282.404 and for otherwise fulfilling its responsi-
bilities set out in Subpart I. The IPIA shall also make any reports called
for under Subpart L.
(2) No more than one IPIA shall operate in any one manufacturing
plant, except that where a manufacturer decides to change from one IPIA
to another, the two may operate in the plant simultaneously for a limited
period of time to the extent necessary to assure a smooth transition.
(b) Plant Approval.
(1) Each IPIA shall, with respect to each manufacturing plant for
which it is responsible, evaluate the quality control procedures being fol-
lowed by the manufacturer in the plant to determine whether those proce-
dures are consistent with and fulfill the procedures set out in the DAPIA
approved quality assurance manual being followed in the plant. As part
of this evaluation, and prior to the issuance of any labels to the manufac-
turer, the IPIA shall make a complete inspection of the manufacture of
at least one mobile home through all of the operations in the manufactur-
er's plant. The purpose of this initial factory inspection is to determine
whether the manufacturer is capable of producing mobile homes in con-
formance with the approved design and, to the extent the design is not
specific with respect to an aspect of the standards, with the standards and
to determine whether the manufacturer' s quality control procedures as
set out in the quality assurance manual plant equipment, and personnel,
will assure that such conformance continues. This inspection should be
made by one or more qualified engineers who have reviewed the ap-
proved design and by an inspector who has been carefully briefed by the
engineers on the restrictive aspects of the design. The mobile home shall
be inspected to the approved design for the home except that where the
design is not specific with respect to any aspect of the standards, the in-
spection shall be to the standards as to that aspect of the mobile home. If
the first mobile home inspected fails to conform to the design or, with re-
spect to any aspect of the standards not specifically covered by the de-
sign, to the standards, additional units shall be similarly inspected until
the IPIA is satisfied that the manufacturer is conforming to the approved
design, or where the design is not specific with respect to an aspect of the
standards, to the standards and quality assurance manual.
(2) Certification Report. If, on the basis of the initial comprehensive
factory inspection required by paragraph (b)(1) of this section, the IPIA
determines that the manufacturer is performing adequately, the IPIA
shall prepare and forward to the manufacturer, to HUD, and to HUD's
agent a certification report as described in this paragraph (b)(2). The is-
suance of the certification report is a prerequisite to the commencement
of production surveillance under paragraph (c) of this section in the plant
for which the report is issued. At the time the certification report is issued,
the IPIA may provide the manufacturer with a two to four week supply
of labels to be applied to mobile homes produced in the plant. The IPIA
shall maintain a copy of each certification report which it issues.
(3) The certification report shall include:
(i) The name of the DAPIA which approved the manufacturer's design
and quality assurance manual and the dates of those approvals,
(ii) The names and titles of the IPIA engineers and inspectors who per-
formed the initial comprehensive inspection,
(iii) A full report of inspections made, serial numbers inspected, any
failures to comply which were observed, corrective actions taken, and
dates of inspections, and
(iv) A certification that at least one mobile home has been completely
inspected in all phases of its production in the plant, that the manufacturer
is performing in conformance with the approved designs and quality as-
surance manual and, to the extent the design is not specific with respect
to any aspects of the standards, with the standards, and the IPIA is satis-
fied that the manufacturer can produce mobile homes in conformance
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with the designs, and where the designs are not specific, with the stan-
dards on a continuing basis.
(4) Inadequate Manufacturer Performance. Where an IPIA determines
that the performance of a manufacturer is not yet adequate to justify tlie
issuance of a certification report and labels to the manufacturer, the IPIA
may label mobile homes itself by using such of its personnel as it deems
necessary to perform complete inspections of all phases of production of
each mobile home being produced and labeling only those determined af-
ter any necessary corrections to be in conformance with the design and,
as appropriate, with the standards. This procedure shall continue until the
IPIA determines that the manufacturer's performance is adequate to jus-
tify the issuance of a certification report.
(5) Transition Provision.
(i) Prior to the effective date of the standards, when the IPIA finds that
it does not have adequate staff to perform the initial comprehensive in-
spection in a manufacturing plant soon enough for that manufacturer to
be in production on the effective date of the standards, or after the effec-
dve date of the standards with respect to a manufacturer which is acting
under the transition cerdfication process set out in 3282.207. the IPIA
may arrange to have a DAPIA perform the initial comprehensive in-fac-
tory inspection under paragraph (b)(1) and issue the certification report
under paragraph (b)(2). The IPIA shall then issue a two-to-four-week
supply of labels to be used beginning on the effecfive date of the stan-
dards. If the DAPIA is unable to complete the initial comprehensive fac-
tory inspecfion and issue the certificafion report prior to the effective date
of the standards, the DAPIA shall submit a deviation report to the IPIA
listing all conditions that shall be corrected in the factory prior to the is-
suance of the certification report and labels. Upon receipt of the DAPIA's
deviation report, the IPIA may initiate full-time inspection in the factory
with such personnel as it deems necessary to provide complete inspec-
tions of mobile homes in production, and it shall apply labels to those mo-
bile homes that it knows by its own inspections to be in conformance with
the design and, as appropriate under paragraph (b)(1), with the standards.
The IPIA shall continue its full-time inspection in the plant until all devi-
ations cited by the DAPIA have been corrected and the IPIA is satisfied
that the manufacturer is conforming to the approved designs and quality
assurance manual and as appropriate under paragraph (b)(1), with the
standards. When these conditions have been met the IPIA shall issue the
certification report and a two-to-four-week supply of labels to the man-
ufacturer to be used prior to the commencement of production surveil-
lance under paragraph (c) of this section.
(ii) A certification report for a particular plant accepted under the Tide
I program shall be accepted as a certification report under paragraph
(b)(2). The IPIA which originally issued the certification report or a dif-
ferent IPIA acting for the manufacturer under this section shall assure
that copies of it are distributed as new reports would be under paragraph
(b)(2), except that copies need not be distributed to parties which already
have copies.
(c) Production Surveillance.
(1) After it has issued a certification report under subsection (b) of this
section, the IPIA shall carry out ongoing surveillance of the manufactur-
ing process in the plant. The IPIA shall be responsible for conducting rep-
resentative inspections to assure that the manufacturer is performing its
quality control program pursuant to and consistent with its approved
quality assurance manual and to assure that whatever part of a mobile
home is actually inspected by the IPIA is fully in conformance with the
design and, as appropriate under paragraph (a)(l)(iii) of this section, with
the standards before a label is issued for or placed on that mobile home.
The surveillance visits shall commence no later than that date on which
the IPIA determines they must commence so that the IPIA can assure that
every mobile home to be produced after the effective date of the stan-
dards to which a label provided for in paragraph (c)(2) of this section is
affixed, is inspected in at least one stage of its production. The frequency
of subsequent visits to the plant shall continue to be such that every mo-
bile home is inspected at some stage in its production. In the course of
each visit, the IPIA shall make a complete inspection of every phase of
production and of every visible part of every mobile home which is at
each stage of production. The inspection shall be made to the approved
design except where the design is not specific with respect to an aspect
of the standards, in which case the inspection of that aspect of the mobile
home shall be made to the standards. The IPIA shall assure that no label
is placed on any mobile home which it finds fails to conform with the ap-
proved design or, as appropriate, the standards in the course of these in-
spections and shall assure that no labels are placed on other mobile homes
still in the plant which may also not conform until those homes are in-
spected and if necessary corrected to the design or the standards. If an
IPIA finds a mobile home that fails to conform to the design, or as appro-
priate under paragraph (a)(l)(iii) of this section, to the standards, the
IPIA may, in addition to withholding the label for the unit, proceed to red
tag the home until the failure to conform is corrected. Only the IPIA is
authorized to remove a red tag. When mobile homes repeatedly fail to
conform to the design, or as appropriate under paragraph (a)( 1 )(iii), to the
standards in the same assembly station or when there is evidence that the
manufacturer is ignoring or not performing under its approved quality as-
surance manual, the IPIA shall increase the frequency of these inspec-
tions until it is satisfied that the manufacturer is performing to its ap-
proved quality assurance manual. Failure to perform to the approved
manual justifies withholding labels until an adequate level of perform-
ance is attained. As part of its function of assuring quality control, the
IPIA shall inspect materials in storage and test equipment used by the
manufacturer at least once a month, and more frequendy if unacceptable
conditions are observed. With the prior approval of the Secretary, an
IPIA may decrease the frequency of any inspections.
(2) Labeling.
(i) Labels Required.
(A) The IPIA shall continuously provide the manufacturer with a two-
to-four-week supply (at the convenience of the IPIA and the manufac-
turer) of the labels described in this subsection, except that no labels shall
be issued for use when the IPIA is not present if the IPIA is not satisfied
that the manufacturer can and is producing mobile homes which conform
to the design and, as appropriate, to the standards. Where necessary, the
IPIA shall reclaim labels already given to the manufacturer. In no event
shall the IPIA allow a label to be affixed to a mobile home if the IPIA be-
lieves that the mobile home fails to conform to the design, or, where the
design is not specific with respect to an aspect of the standards, to the
standards. Labels for such mobile homes shall be provided only after the
failure to conform has been remedied, or after the Secretary has deter-
mine d that there is no failure to conform.
(B) Except where a manufacturer acts under the transition certification
program under 3282.207 a permanent label shall be affixed to each trans-
portable section of each mobile home for sale or lease to a purchaser in
the United States in such a manner that removal will damage the label so
that it cannot be reused. This label is provided by the IPIA and is separate
and distinct from the data plate which the manufacturer is required to pro-
vide under Section 280.5 of Chapter II of 24 CFR.
(C) The label shall read as follows:
AS EVIDENCED BY THIS LABEL NO. ABC 000 001 , THE MAN-
UFACTURER CERTIFIES THAT THIS MOBILE HOME HAS BEEN
INSPECTED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO THE BEST OF THE MANUFACTURER'S KNOWLEDGE
AND BELIEF, IS CONSTRUCTED IN CONFORMANCE WITH THE
FEDERAL MOBILE HOME CONSTRUCTION AND SAFETY
STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE.
SEE DATA PLATE.
(D) The label shall be 2 in. by 4 in. in size and shall be permanently
attached to the mobile home by means of 4 blind rivets, drive screws, or
other means that render it difficult to remove without defacing it. It shall
be etched on .032 in. thick aluminum plate. The label number shall be
etched or stamped with a 3 letter IPIA designation which the Secretary
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shall assign and a 6 digit number which the label supplier shall stamp se-
quentially on labels supplied to each IPIA.
(E) The label shall be located at the tail-light end of each transportable
section of the mobile home approximately one foot up from the floor and
one foot in from the road side, or as near that location on a permanent part
of the exterior of the mobile home as practicable. The roadside is the right
side of the mobile home when one views the mobile home from the tow
bar end of the mobile home. It shall be applied to the mobile home unit
in the manufacturing plant by the manufacturer or the IPIA, as appropri-
ate.
(F) The label shall be provided to the manufacturer only by the IPIA.
The IPIA shall provide the labels in sequentially numbered series. The
IPIA may obtain labels from the Secretary or the Secretary's agent, or
where the IPIA obtains the prior approval of the Secretary, from a label
manufacturer. However, if the IPIA obtains labels direcdy from a label
supplier, those labels must be sequentially numbered without any dupli-
cation of label numbers.
(G) Whenever the IPIA determines that a mobile home which has been
labeled, but which has not yet been released by the manufacturer may not
conform to the design or, as appropriate under paragraph (a)(l)(iii) of this
section, to the standards, the IPIA by itself or through an agent shall red
tag the mobile home. Where the IPIA determines that a mobile home
which has been labeled and released by the manufacturer, but not yet sold
to a purchaser (as described in 3282.252(b)) may not conform, the IPIA
may, in its discretion, proceed to red tag the mobile home. Only the IPIA
is authorized to remove red tags, though it may do so through agents
which it deems qualified to determine that the failure to conform has been
corrected. Red tags may be removed when the IPIA is satisfied, through
inspections, assurances from the manufacturer, or otherwise, that the af-
fected homes conform.
(H) Labels that are damaged, destroyed, or otherwise made illegible
or removed shall be replaced by the IPIA, after determination that the mo-
bile home is in comphance with the standards, by a new label of a differ-
ent serial number. The IPIA's labeling record shall be permanently
marked with the number of the replacement label and a corresponding re-
cord of the replacement label.
(ii) Label Control. The labels used in each plant shall be under the di-
rect control of the IPIA acting in that plant. They shall be provided to the
manufacturer only by the IPIA. The IPIA shall assure that the manufac-
turer does not use any other label to indicate conformance to the stan-
dards. This paragraph (c)(2)(ii) does not apply to transition-certification
labels used under 3282.207.
(A) The IPIA shall be responsible for obtaining labels. Labels shall be
obtained from HUD or its agent, or with the approval of the Secretary,
from a label manufacturer. The labels shall meet the requirements of this
section. Where the IPIA obtains labels directly from a label manufactur-
er, the IPIA shall be responsible for assuring that the label manufacturer
does not provide labels directly to the manufacturer of mobile homes. If
the label manufacturer fails to supply correct labels or allows labels to be
released to parties other than the IPIA, the IPIA shall cease dealing with
the label manufacturer.
(B) The labels shall be shipped to and stored by the IPIA' s at a location
which permits ready access to manufacturing plants under its surveil-
lance. The labels shall be stored under strict security and inventory con-
trol. They shall be released only by the IPIA to the manufacturer under
these regulations.
(C) The IPIA shall be able to account for all labels which it has ob-
tained through the date on which the mobile home leaves the manufactur-
ing plant, and it shall be able to identify the serial number of the mobile
home to which each particular label is affixed.
(D) The IPIA shall keep in its central record office a list of the serial
numbers of labels issued from the label producer to the IPIA and by the
IPIA to the manufacmring plant.
(E) Failure to maintain control of labels through the date the mobile
home leaves the manufacturing plant and failure to keep adequate re-
cords of which label is on which mobile home shall render the IPIA sub-
ject to disqualification under 3282.356.
(3) Data Plate.
(i) The IPIA shall assure that each mobile home produced in each man-
ufacturing plant under its surveillance is supplied with a data plate which
meets the requirements of this section and of Section 280.5 of Chapter
II or 24 CFR. The data plate shall be furnished by the manufacturer and
affixed inside the mobile home on or near the main electrical distribution
panel. The data plate shall contain the following information:
(A) The name and address of the manufacturing plant in which the mo-
bile home was manufactured,
(B) The serial number and model designation of the unit and the date
the unit was manufactured,
(C) The statement "This mobile home is designed to comply with the
Federal Mobile Home Construction and Safety Standards in force at the
time of manufacture,"
(D) A list of major factory-installed equipment including the man-
ufacturer's name and the model designation of each appliance,
(E) Reference to the structural zone and wind zone for which the home
is designed and duplicates of the maps as set forth in Section
280.305(c)(4) of Chapter II of 24 CFR. This information may be com-
bined with the heating/cooling certificate and insulation zone maps re-
quired by Sections 280.510 and 280.511 of Chapter II of 24 CFR,
(F) The statement "design approval by" followed by the name of the
DAPIA which approved the design,
(ii) A copy of the data plate shall be furnished to the IPIA, and the IPIA
shall keep a permanent record of the data plate as part of its labeling re-
cord so that the information is available during the life of the mobile
home in case the data plate in the mobile home is defaced or destroyed.
(d) Permanent Records.The IPIA shall maintain the following records
as appropriate:
(1) Records of all labels issued, applied, removed, and replaced by la-
bel number, mobile home serial number, mobile home type, manufactur-
er's name, dealer destination, and copies of corresponding data plates.
(2) Records of all mobile homes which are red tagged, and the status
of each home.
(3) Records of all inspections made at each manufacturing plant on
each mobile home serial number, each failure to conform found, and the
action taken in each case.
(4) Records of all inspections made at other locations of mobile homes
identified by manufacturer and serial number, all mobile homes believed
to contain the same failure to conform, and the action taken in each case.
All records shall specify the precise section of the standard which is
in question and contain a clear and concise explanation of the process by
which the IPIA reached any conclusions. All records shall be traceable
to specific mobile home serial numbers and through the manufacturer's
records to dealers and purchasers.
(e) Requirements for Full Acceptance — IPIA.
(1) Before granting full acceptance to an IPIA, the Secretary or the
Secretary's agent shall review and evaluate at least one certification re-
port which has been prepared by the IPIA during the period of provisional
acceptance. The Secretary or the Secretary's agent shall also review in
depth the IPIA's administrative capabilities and otherwise review the
IPIA's performance of its responsibilities under these regulations.
(2) Where the Secretary determines on the basis of these reviews that
an IPIA is not meeting an adequate level of performance, the Secretary
or the Secretary's agent shall carry out further evaluations. If the Secre-
tary finds the level of performance to be unacceptable, the Secretary shall
not grant full acceptance. If full acceptance has not been granted by the
end of the provisional acceptance period, provisional acceptance shall
lapse unless the Secretary determines that the failure to obtain full accep-
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tance resulted from the fact that the Secretary or the Secretary's agent has
not had adequate time in wliich to complete an evaluation.
3282.363. Right of Entry and Inspection.
Each primary inspection agency shall secure from each manufacturer
and manufacturing plant under its surveillance an agreement that the Sec-
retary, the State Administrative Agency and the primary inspection
agency have the right to inspect the plant and its mobile home inspection,
labeling, and delivery records, and any of its mobile homes in the hands
of dealers or distributors at any reasonable time.
3282.364. Inspection Responsibilities and Coordination
All primary inspection agencies shall be responsible for acting as nec-
essary under their contractual commitment with the manufacturer to de-
termine whether alleged failures to conform to the standards may exist
in mobile homes produced under their surveillance and to determine the
source of the problems. The DAPIA may be required to examine the de-
signs in question or the quality assurance manual under which the mobile
homes were produced. The IPIA may be required to reexamine the quali-
ty control procedures which it has approved to determine if they conform
to the quality assurance manual, and the IPIA shall have primary respon-
sibility for inspecting actual units produced and, where necessary, for in-
specting units released by the manufacturer. All primary inspection
agencies acting with respect to particular manufacturer or plant shall act
in close coordination so that all necessary functions are performed effec-
tively an efficiently.
3282.365. Forwarding Monitoring Fee.
The IPIA shall, whenever it provides labels to a manufacturer, obtain
from the manufacturer the monitoring fee to be forwarded to the Secre-
tary or the Secretary' s agent as set out in 3282.2 1 0. If a manufacturer fails
to provide the monitoring fee as required by 3282.210 to be forwarded
by the IPIA under this section, the IPIA shall immediately inform the
Secretary; or the Secretary's agent.
Subpart I. Consumer Complaint Handling
and Remedial Actions
3282.401. Scope.
(a) This subpart sets out procedures to be followed by parties acting
under these regulations, and in particular by manufacturers. State Ad-
ministrative Agencies, primary inspection agencies, and the Secretary,
when they receive a consumer complaint or other information indicating
the possible existence of an imminent safety hazard, serious defect, de-
fect, or noncompliance in a mobile home which has been sold or other-
wise released by a manufacturer to another party. The information as
used herein includes knowledge of an imminent safety hazard or failure
to conform to the standards found in the plant which may exist in any mo-
bile home already sold or released by the manufacturer. This subpart gov-
erns how the information is to be handled, what remedial actions may be
required, and how and by whom those remedial actions shall be taken.
(b) Nothing in this subpart or in these regulations shall limit the rights
of the purchaser under any contract or applicable law.
(c) Notwithstanding the provisions of 3282.404-3282.407, no man-
ufacturer may be required to act under those sections with respect to non-
comphances or defects until September 15, 1976, except as stated in this
paragraph. However, each manufacturer shall retain all consumer com-
plaints and other information received by the manufacturer before that
date that indicate the possible existence of noncompliances or defects
and maintain complete records of the manufacturer's response, if any.
The Secretary and State Administrative Agencies that would act under
3282.404-3282.407 with respect to noncompliances and defects shall
forward complaints and other information to the manufacturers as they
would under 3282.406(a), but shall not require that any action be taken
by the manufacturer until September 15, 1976, if the manufacturer re-
sponds under 3282.406(b) that the information does not relate to a serious
defect or imminent safety hazard and the SAA or the Secretary agrees.
September 15, 1976, shall be considered to be the date on which consum-
er complaints and other information were received by the manufacturer
for purposes of computing the time periods within which actions must be
taken under 3282.404-3282.407 with respect to those complaints and
other information relating to noncompliances or defects received before
September 15, 1976.
3282.402. Purpose.
The purpose of this subpart is to establish a system under which the
protections of the Act are provided with a minimum of formality and
delay in the majority of cases, but in which the rights of all parties are pro-
tected.
3282.403. Consumer Complaint and Information Referral.
(a) Consumer complaints or other information relating to possible im-
minent safety hazards or to possible failures to conform to the Federal
standards should be sent directly to the manufacturer of the mobile home
in question. It is the policy of these regulations that all consumer com-
plaints or other information indicating the possible existence of an immi-
nent safety hazard, serious defect, defect, or noncompliance should be re-
ferred to the manufacturer of potentially affected mobile homes as eariy
as possible so that the manufacturer can begin to take any necessary re-
medial actions.
(b) When a consumer complaint or other information indicating the
possible existence of a failure to conform or imminent safety hazard is
received by a State Administrative Agency concerning a mobile home
not located in that state or is received by the Secretary, the SAA or the
Secretary shall forward the complaint or other information to the SAA
of the State in which the mobile home in question is located unless it ap-
pears from the complaint or otherwise that the mobile homes containing
the same possible failure to conform or imminent safety hazards are lo-
cated in more than one State. If it appears that possibly affected mobile
homes are located in more than one State, the complaint shall be for-
warded to the SAA of the State where the homes were manufactured, un-
less it further appears that the mobile homes were manufactured in more
than one State, in which case the complaint shall be forwarded to the Sec-
retary. If the complaint or information concerns a mobile home located
in the State, the SAA shall act under this subpart. Where there is no SAA
in the state in which the allegedly affected mobile homes are located or
manufactured, as appropriate, the complaint shall be sent to the Secre-
tary, and the Secretary shall act under this subpart. In all cases, a copy of
the complaint or other information shall simultaneously be sent to the
manufacturer of the mobile homes that may be affected.
3282.404. Manufacturer Initiated Response.
(a) Whenever a manufacturer receives from a source other than the
Secretary or a State Administrative Agency a consumer complaint or oth-
er information which indicates the possible existence of an imminent
safety hazard, serious defect, defect, or noncompliance in a mobile home
which has been sold or otherwise released by the manufacturer, the man-
ufacturer shall investigate the possible existence of the imminent safety
hazard or failure to conform in the mobile home or homes to which the
complaint or information relates.
(b) Within 10 days of receipt of the complaint or other information, the
manufacturer by investigation of the complaint, inspection of the mobile
home, or otherwise shall determine whether or not an imminent safety
hazard, serious defect, defect or noncompliance exists in the mobile
home.
(1) If the manufacturer determines that no imminent safety hazard, se-
rious defect, defect, or noncompliance exists, the manufacturer shall, on
or before the tenth day after receipt of the complaint or other information,
mail or otherwise communicate the manufacturer's determination to any
complaining or inquiring parties and keep a permanent record of the de-
termination and the action taken.
(2) If the manufacturer determines that an imminent safety hazard, se-
rious defect, defect, or noncompliance exists, the manufacturer shall,
within 5 days of making the determination, search its records and take
such other steps as may be necessary to determine whether or not the im-
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minent safety hazard or failure to conform is unique to the complaint of
mobile home.
(c) The manufacturer may determine that an imminent safety hazard
or failure to conform is unique to a mobile home if the cause of the immi-
nent safety hazard or failure to conform is not likely to result in the same
or a similar problem in one or more other mobile homes. Each determina-
tion that no other mobile homes are affected shall be concurred in or dis-
puted by the IPIA in the plant in which the affected mobile home was
manufactured.
(1) If the IPIA disputes the determination of uniqueness, the manufac-
turer shall proceed as it would under paragraph (d) of this section.
(2) If the IPIA concurs in the determination of uniqueness.
(i) The manufacturer shall correct the imminent safety hazard or fail-
ure to conform within 30 days of the date on which the manufacturer de-
termined the existence of an imminent safety hazard or failure to conform
to the standards so that the mobile home is brought into conformance
with the standards in effect at the time the mobile home was manufac-
tured and any imminent safety hazard or failure to conform is removed,
and,
(A) The manufacturer shall keep complete records of all determina-
tions and corrections made under this paragraph (c)(2)(i). These records
shall include the date the complaint was received, the action taken and
the date the action was completed, and the appropriate statement under
3282.413(b);
(B) These records shall be subject to oversight by an SA A or the Secre-
tary, and an incorrect determination or inadequate repair may subject the
manufacturer to a requirement to act further under 3282.405, 3282.406,
or 3282.407;
(C) The manufacturer need make no further reports or actions taken
hereunder; or
(ii) The manufacturer shall proceed as it would under section (d) of this
section.
(d) If the manufacturer determines that the imminent safety hazard or
failure to conform may not be unique to one mobile home, the manufac-
turer shall, within 5 days of the date on which the determination of non-
uniqueness is made under paragraph (b)(2) of this section, report the exis-
tence of the imminent safety hazard or failure to conform and identity of
the units which may be affected. The manufacturer, in determining what
mobile homes are affected, shall check mobile homes manufactured in
all other plants in which the same factors which caused the original immi-
nent safety hazard or failure to conform may exist or have existed. The
manufacturer shall attach to the report a statement from the IPIA in each
such plant that it concurs in or disputes the manufacturer's determination
of which homes are affected. This report shall be sent to the State Admin-
istrative Agency of the State in which the affected mobile homes are lo-
cated unless they are located in more than one State, in which case the
report shall be sent to the State Administrative Agency of the State where
the mobile homes were manufactured, except that where the mobile
homes were manufactured in more than one State, the report shall be sent
to the Secretary. Where there is no State Administrative Agency in the
appropriate State under the previous sentence, the report shall be sent to
the Secretary. At the same time that this report is being submitted, the
manufacturer shall proceed under 3282.405.
3282.405. Notification Pursuant to Manufacturer's
Determination.
(a) When a manufacturer determines that an imminent safety hazard,
serious defect or defect may exist under 3282.404 (b)(2) and does not act
under 3282.404 (c)(2)(i), the manufacturer shall prepare and submit a
plan as set out in 3282.410 to the same agency to which the report re-
quired by 3282.404(d) was submitted.
(1) In cases in which the manufacturer has proceeded under 3282.404
(c)(2)(ii), this plan shall be submitted within 5 days of the determination
of the possible existence of an imminent safety hazard or serious defect
and within 10 days of the determination of the possible existence of a de-
fect.
(2) In cases where the manufacturer has proceeded under 3282.404(d),
the plan shall be submitted within 5 days of the due date of the report re-
quired by that section if the plan concerns an imminent safety hazard or
serious defect or within 10 days if the plan concerns a defect.
(b) All plans for notification and correction shall meet the require-
ments of 3282.410 and shall be available for public inspection.
(c) After any necessary consultation with the manufacturer, the SAA
or the Secretary to which the plan was sent shall approve the plan as sub-
mitted or make whatever modifications the SAA or the Secretary deems
necessary, and shall notify the manufacturer of such approval or modifi-
cation. The manufacturer shall be responsible for carrying out the plan
as approved or modified by the SAA or the Secretary. If the manufacturer
believes that the plan as modified and approved by the SAA or the Secre-
tary is incorrect and wishes to contest the modification, the manufacturer
shall so inform the SAA or the Secretary within 5 days of the SAA or the
Secretary approval of the plan as modified. The SAA or the Secretary
shall, if it does not accept the manufacturer's position, act as follows:
(1) If the manufacturer contends that the mobile home contains a de-
fect rather than an imminent safety hazard or serious defect as the SAA
or the Secretary contends, the SAA or the Secretary shall refer the matter
to the Secretary for determination under 3282.407(a).
(2) If the manufacturer contends that the number of units affected is
different from that stated by the SAA or the Secretary or that the contents
of the notice or the correction are different from what the SAA or the Sec-
retary would require, then:
(i) If the SAA or the Secretary and the manufacturer agree that a defect
exists, the SAA or the Secretary shall make Preliminary Determination
under 3282.407(b), and the parties shall proceed under that section, or
(ii) If the SAA or the Secretary and the manufacturer agree that an im-
minent safety hazard or serious defect exists, the SAA or the Secretary
shall refer the matter to the Secretary for action under 3282.407(a).
However, in any case in which the only question in dispute is whether
more units are affected than the manufacturer has stated in its plan, the
manufacturer shall carry out the plan with respect to those units covered
by it if the plan is otherwise acceptable, and time limits applicable to this
action shall run from the date of determination by the manufacturer of the
possible existence of an imminent safety hazard, serious defect, or defect.
(d) The manufacturer may undertake any corrections required by this
subpart prior to approval of the plan. However, actions taken under this
paragraph are subject to review by the agency that approved the plan un-
der paragraph (a)(3) of this section, and if found unacceptable, shall not
fulfill the requirement of this section.
(e) The formal notification requirements which would result from any
determination by the manufacturer under this section may be waived by
the SAA or the Secretary that would otherwise approve the plan under
paragraph (a)(3) of this section upon receipt of satisfactory assurances
from the manufacturer that:
(1) The manufacturer has identified all possibility affected mobile
homes which have been sold to purchasers, dealers and distributors;
(2) The manufacturer has corrected, at the manufacturer's expense, all
affected mobile homes; and
(3) The repairs, in the SAA or the Secretary's judgement, are adequate
to remove the imminent safety hazards or failure to conform. The man-
ufacturer may, before acting under this paragraph (c), to obtain the con-
currence in the proposed corrections from the SAA or the Secretary that
would otherwise approve the plan under paragraph (a) (3) of this section.
All actions taken under this paragraph (b) by the manufacturer shall be
completed within 30 days of the decision of the manufacturer to act under
this 3282.405 if the problem is an imminent safety hazard or serious de-
fect or 60 days if the problem is a defect unless the SAA or the Secretary
which would have approved the plan under paragraph (a) (3) of this sec-
tion, agrees to a longer period of time in extraordinary circumstances.
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•
3282.406. SAA or Secretarial Initiated Response.
(a) When a consumer complaint or other information indicating the
possible existence of an imminent safety hazard, serious defect, defect,
or noncompliance is referred to the Secretary or an SAA under
3282.403(b), the Secretary or SAA shall expeditiously contact the man-
ufacturer of the mobile home or homes in question. The Secretary or SAA
must provide the manufacturer all information which it has concerning
the possible imminent safety hazard or failure to conform and shall in-
form the manufacturer that the manufacturer shall report to the Secretary
or SAA within 1 0 days of the contact as specified in paragraph (b) of this
section. The SAA or the Secretary may extend the time period to 20 days
upon satisfactory indications by the manufacturer that it is diligently in-
vestigating the situation, except that such extension shall not be granted
if it is not the interest of the purchasers or owners.
(b) The manufacturer shall respond to the SAA or the Secretary which
contacted it under paragraph (a) of this section within 10 days of the con-
tact (unless an extension is granted). In this report the manufacturer shall
indicate whether it knew of the complaint or information and
(1) If it knew of the complaint or information, or other complaints or
information relating to the problem, what actions it has taken and the rea-
sons therefor.
(2) If it did not know of the complaint or information, whether the man-
ufacturer has classified the problem to which the complaint or informa-
tion relates as an imminent safety hazard, serious defect, defect, or non-
compliance, with the reasons for this classification or whether the
manufacturer has determined that the problem complained of fits none
of these classifications.
(c) If the manufacturer determines and responds under paragraph
(b)(2) of this section that there is an imminent safety hazard, serious de-
fect, defect, or noncompliance in the mobile homes, it shall proceed un-
der 3282.404(b)(2), and if the manufacturer further proceeds under
3282.404(d), the manufacturer shall send a copy of the report required by
that section to the SAA or the Secretary which forwarded the complaint
or information to it under paragraph (a) of this section concerning the
same imminent safety hazard or failure to conform.
(d) If the manufacturer determines and reports under paragraph (b)(2)
of this section that no imminent safety hazard, serious defect, defect, or
noncompliance exists in the complaint of mobile home or homes, the
SAA or the Secretary to which the response is made under paragraph
(b)(2) shall proceed as follows:
(1) If the SAA or the Secretary on the basis of the information reported
by the manufacturer and any other information the SAA or the Secretary
may have, agrees with the determination of the manufacturer, the SAA
or the Secretary shall so inform the manufacturer and the complainants
and shall consider the matter closed.
(2) If the SAA or the Secretary is not convinced by the information
submitted by the manufacturer or otherwise believes that further investi-
gation is necessary, the SAA or the Secretary shall investigate and, within
day of receipt the manufacturer's report, shall inform the manufacturer
of the results of its investigation.
(i) If the SAA or the Secretary agrees with the manufacturer's determi-
nation, it shall act as it would under paragraph (d)(1).
(ii) If the SAA or the Secretary believes that an imminent safety haz-
ard, serious defect, defect, or noncompliance exists, it shall so inform the
manufacturer, and the manufacturer may act as it would under paragraph
(c) of this section. If the manufacturer does not choose to act under that
paragraph, the SAA or the Secretary shall proceed under 3282.407, in-
cluding holding any requested hearing or presentation of views, making
any Preliminary or Final Determination, and approving any plan for noti-
fication correction.
(e) The manufacturer may obtain from any SAA to which a copy of the
response required under paragraph (b)(2) of this section is sent approval
of proposed corrections for only those mobile homes located in that state
to which the complaint or information forwarded by the SAA to the man-
ufacturer related but only for these mobile homes. If the manufacturer
properly effects corrections pursuant to such approval, the manufacturer
need not modify the correction at a later time despite the fact that the plan
which is approved under 3282.405(a)(3) or 3282.407(a)(3) or (b)(3) con-
tains different specifications for the correction. If a manufacturer pro-
vides correction under this paragraph, such correction does not constitute
an admission by the manufacturer that an imminent safety hazard, serious
defect, defect, or noncompliance exists, and it is not a concession by the
manufacturer that the approved corrections are appropriate or necessary
in any other mobile home. However, actions taken under this paragraph
are subject to review by the SAA or the Secretary that approved the plan
under paragraph (a)(3) of this section, and if found unacceptable, shall
not fulfill the requirements of this section.
(f) An SAA or the Secretary acting under paragraph (a) of this section
or under 3282.407 may, if at any point after contacting the manufacturer
it determines that the consumer complaint or other information about
which it has contacted the manufacturer (i) relates to a noncompliance of
such a minor or technical nature that its existence will not contribute to
the deterioration of the mobile home and will not interfere with the use
and enjoyment of the mobile home, or (ii) does not constitute a failure to
conform or imminent safety hazard, inform the manufacturer and any
complainants of this determination and cease further action under this
section or 3282.407.
3282.407. Notification Pursuant to Administrative
Determination.
(a) Imminent Safety Hazards and Serious Defects. The Secretary shall
act under this paragraph upon receipt of the opinion of an SAA that an
imminent safety hazard or serious defect exists in one or more mobile
homes and upon forming an opinion under 3282.406(d)(2)(ii) that an im-
minent safety hazard or serious defect exists. The Secretary may also act
upon the receipt of any other information indicating the possible exis-
tence of an imminent safety hazard or serious defect. Only the Secretary
may make Preliminary and Final Determinations that an imminent safety
hazard or serious defect exists.
(1) Preliminary Procedures. Upon receipt of any information indicat-
ing the possible existence of an imminent safety hazard or serious defect,
but where such information is not adequate to support a Preliminary De-
termination of an imminent safety hazard or serious defect under para-
graph (a)(2) of this section, the Secretary shall direct the manufacturer to
fiimish information with respect to the imminent safety hazard or serious
defect, including information about the mobile homes potentially af-
fected, within a time prescribed by the Secretary. If the manufacturer fails
to furnish information within such time or if, after a consideration of the
manufacturer's response or other information the Secretary may receive
or obtain, the Secretary is satisfied that an imminent safety hazard or seri-
ous defect may exist, the Secretary shall make a Preliminary Determina-
tion of an imminent safety hazard or serious defect under paragraph
(a)(2) of this section.
(2) PreUminary Determination.
(i) Whenever the Secretary determines that there is reason to believe
that an imminent safety hazard or serious defect exists in a mobile home,
the Secretary shall make a preliminary determination to that effect. The
Secretary shall within 5 days notify the manufacturer of such preliminary
determination and inform the manufacturer that it may request a hearing
or presentation of views under Subpart D to establish that there is no such
imminent safety hazard or serious defect.
(ii) Notice shall be sent by certified mail and shall include:
(A) The preliminary determination made by the Secretary;
(B) The factual basis for the determinafion;
(C) The date on which the determination was made;
(D) The identifying criteria of the mobile homes that may be affected.
The notice shall inform the manufacturer that the preUminary determi-
nation of the Secretary shall become final unless the manufacturer re-
sponds within 5 days after receipt of such notice and requests a hearing
or presentation of views to rebut the Secretary' s determination. The Sec-
retary shall further notify the manufacturer as to whether such imminent
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Title 25
safety hazard or serious defect is one which the manufacturer may be re-
quired to correct at the manufacturer's expense pursuant to 3282.408.
The manufacturer shall also be advised in the notice that any information
upon which the Preliminary Determination has been based, such as test
results and records of investigations, shall be available for inspection by
the manufacturer.
(iii) Promptly upon receipt of a manufacturer's request for a hearing
or presentation of views, one shall be provided pursuant to 3282.152.
(3) Final Determination. If the manufacturer fails to respond to the
Secretary's notice of Preliminary Determination or if the Secretary de-
cides that the views and evidence presented by the manufacturer or others
are insufficient to rebut the preliminary determination, the Secretary
shall make a final determination that an imminent safety hazard or seri-
ous defect exists. In the event of a final determination, the Secretary shall
direct the manufacturer to furnish notification and, where applicable, to
correct the defect or hazards and to submit a plan in accordance with
3282.410. The Secretary's order shall be pubhshed in the Federal Regis-
ter.
(b) Defects and Noncompliances. The S AA or the Secretary identified
by 3282.404(d) may make a Preliminary Determination that a defect or
noncompliance exists in one or more mobile homes sold or otherwise re-
leased by a manufacturer or proceed under this section where an appro-
priate preliminary determination has been made under
3282.405(a)(3)(ii) or a tentative finding has been made under
3282.406(d)(2)(ii), or where the SAA or the Secretary, as appropriate
otherwise has information which indicates the possible existence of a de-
fect or noncompliance.
(1) Preliminary Determination.
(i) Whenever the SAA or the Secretary acting under this paragraph de-
termines that there is reason to believe that one or more mobile homes
contain a defect or noncompHance and makes a preliminary determina-
tion to that effect, under this section or whenever the SAA or the Secre-
tary acting under this section receives the preliminary determination of
another SAA or the Secretary under 3282.405(a)(3)(ii), the SAA or the
Secretary shall notify the manufacturer within 10 days of such prelimi-
nary determination and inform the manufacturer that it may request a
hearing or presentation of views under subpart D to establish that there
is no such defect or noncompUance.
(ii) Notice shall be sent to the manufacturer by certified mail and shall
include:
(A) The preliminary determination made by the SAA or the Secretary;
(B) The factual basis for the determination;
(C) The date on which the determination was made;
(D) The identifying criteria of the mobile homes known to be affected.
The notice shall inform the manufacturer that the preliminary determi-
nation of defect or noncompliance shall become final unless the man-
ufacturer responds within 5 days after receipt of such notice and requests
a hearing or presentation of views to rebut the SAA or the Secretary's de-
termination. The notice shall also state that any information upon which
the preliminary determination of noncompliance or defect has been
based, such as test results and records of investigations, shall be available
for inspection by the manufacturer.
(iii) Promptly upon receipt of a manufacturer's request for a hearing
or presentation of views, one shall be held pursuant to 3282.152.
(2) Final Determination.
If the manufacturer fails to respond to the notice of preliminary deter-
mination, or, if the SAA or the Secretary decides that the views and evi-
dence presented by the manufacturer or others are insufficient to rebut the
Preliminary Determination, the agency shall make a final determination
that a defect or noncompliance exists. In the event of a Final Determina-
tion, the SAA or the Secretary shall direct the manufacturer to furnish no-
tification and to submit a plan in accordance with 3282.410.
(3) Appeals.When an SAA has made a final determination that a defect
or noncompliance exists, the manufacturer within 10 days after the re-
ceipt of the notice of such final determination, may request an appeal to
the Secretary under 3282.309.
(c) Waiver.The formal notification requirements which would result
from a determination made under this section may be waived by the SAA
or the Secretary handling the matter upon receipt of satisfactory assur-
ances from the manufacturer that;
(1) The manufacturer has identified all affected mobile homes which
have been sold to purchasers, dealers and distributors;
(2) The manufacturer has performed the correction, at the manufactur-
er's expense, on all affected mobile homes; and
(3) The repairs, in the SAA or the Secretary's judgment, are adequate
to meet the problem.
The manufacturer may, before acting under this subsection (c) obtain
the concurrence of the SAA or the Secretary. Any action taken under this
subsection (c) shall be completed within 30 days of the date of a Final De-
termination of imminent safety hazard or serious defect or 60 days of the
date of a final determination of defect or noncompliance unless the SAA
or Secretary agrees to a longer period of time in extraordinary circum-
stances.
3282.408. Required Manufacturer Correction.
(a) A manufacturer required to furnish notification under 3282.405 or
3282.407 shall correct, at its expense, any imminent safety hazard or seri-
ous defect which can be related to an error in design or assembly of the
mobile home by the manufacturer, including an error in design or assem-
bly of any component or system incorporated in the mobile home by the
manufacturer.
(b) Where the manufacturer questions whether correction is required
under paragraph (a) of this section, the Secretary shall provide an oppor-
tunity for a hearing or presentation of views at which interested persons
may present oral and written views prior to the issuance of an order di-
recting the manufacturer to provide correction at its expense. The proce-
dures of 3282.152 shall apply to any proceedings which may be con-
ducted under this section.
To the maximum extent possible, actions taken under this section shall
be coordinated with actions taken under 3282.407 so that only one hear-
ing need be held to determine both whether a defect or imminent safety
hazard exists and whether correction is required.
3282.409. Reimbursement for Prior Correction by Owner.
(a) A manufacturer, required to correct under 3282.408, shall provide
reimbursement for reasonable cost to an owner of an affected mobile
home who chose to make the correction. Any dispute over the amount to
be reimbursed shall be referred by the manufacturer to the SAA where
the mobile home is located, or to the Secretary if there is no SSA in that
state, and the decision of the SAA or the Secretary shall be administra-
tively Final.
(b) Whenever a manufacturer who agreed voluntarily to correct under
3282.405(b) or 3282.407(c) finds that the owner of an affected mobile
home has already corrected the failure to conform or imminent safety
hazard, the manufacturer shall reimburse the owner in an amount equal
to the reasonable cost to the manufacturer of making the correction.
3282.410. Manufacturer's Plan for Notification and Correction.
(a) The plan required to be submitted by 3282.405(a) and
3282.407(a)(3) and (b)(3) shall indicate how the manufacturer will fulfill
its responsibilities under this section. The plan shall include a copy of the
notice which meets the requirements of 3282.41 1.
(b) Time and manner of notification.
(1) If not waived notification of an imminent safety hazard shall be
communicated within 5 days after receipt of the order approving the man-
ufacturer's plan for notification and remedy, except that the notification
shall be furnished within a shorter period if there is incorporated in the
order a finding that such period is in the public interest.
(2) Notice of serious defects, defects or noncompliances shall be
mailed or otherwise communicated within 10 days after receipt of the or-
der approving the manufacturer's plan for notification shall be furnished
within a shorter period if there is incorporated in the order a finding that
such period is in the public interest.
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(3) The plan shall provide for notification to be accomplished:
(i) By mail to the first purchaser (not including any dealer or distributor
of such manufacturer) of each mobile home containing the imminent
safety hazard, serious defect, defect, or noncompliance, and any subse-
quent purchaser to whom any warranty provided by the manufacturer or
required by Federal, State or local law on such mobile home has been
transferred, to the extent feasible;
(ii) By mail to any other person who is a registered owner of each mo-
bile home containing the imminent safety hazard, serious defect, defect,
noncompliance and whose name has been ascertained pursuant to
3283.211;
(iii) By mail or other more expeditious means to the dealers or distribu-
tors of such manufacturer to whom such mobile home was delivered.
Where a serious defect of imminent safety hazard is involved, notifica-
tion shall be sent by certified mail if it is mailed.
3282.411 Contents of Notice.
The notice shall include the following:
(a) An opening statement: "This notice is sent to you in accordance
with the requirements of the National Mobile Home Construction and
Safety Standards Act of 1974."
(b) The following statement, as appropriate: "(Manufacturer's name
or the Secretary, or the appropriate SAA)" has determined that:
( 1 ) An imminent safety hazard may exist in (identifying criteria of mo-
bile home).
(2) A serious defect may exist in (identifying criteria of mobile home).
(3) A defect may exist in (identifying criteria of mobile home).
(4) (Identifying criteria of mobile home) may not comply with an
applicable Federal Mobile Home Construction or Safety Standard.
(c) A clear description of the imminent safety hazard, serious defect,
defect, or noncompliance which shall include:
(1) The location of the imminent safety hazard, serious defect, defect,
or noncompliance in the mobile home;
(2) A description of any hazards, malfunctions, deterioration or other
consequences which may result from the imminent safety hazard, serious
defect, defect, or noncompliance;
(3) A statement of the conditions which may cause such consequences
to arise; and
(4) Precautions if any, that the owner should take to reduce the chance
that the consequences will arise before the mobile home is repaired.
(d) An evaluation of the risk to mobile home occupants' safety and the
durability of the mobile home reasonably related to such imminent safety
hazard, serious defect, defect, or noncompliance, including:
(1) The type of injury which may occur to occupants of the mobile
home;
(2) The types of injuries which have occurred, including particularly
any deaths, which appear to have resulted from the imminent safety haz-
ard, defect or noncompliance; and
(3) Whether there will be any warning that a dangerous occurrence
may take place and what that warning would be, and any signs which the
owner might see, hear, smell, or feel which might indicate danger or dete-
rioration of the mobile home as a result of the imminent safety hazard,
serious defect, defect, or noncompliance.
(e) A statement of the measures needed to repair the imminent safety
hazard, serious defect, defect, or noncompliance, in accordance with
whichever of the following is appropriate:
(1) Where the manufacturer must bring the mobile home into com-
pliance with applicable standards and correct the imminent safety haz-
ard, have it corrected at no cost to the owner pursuant to 3282.408, the
statement shall include:
(i) A statement that the correction will be made at the manufacturer's
expense;
(ii) A general description of the work involved in the repair;
(iii) The manufacturer's estimates of the date on which the manufac-
turer's agents will make the repair;
(iv) The method by which the owner will be contacted further when
the repair date is to be carried out;
(v) The manufacturer's estimate of the time reasonably necessary to
perform the labor required to correct the imminent safety hazard or seri-
ous defect;
(vi) Any other information set out in the plan for notification which
may be helpful to the owner.
(2) When the manufacturer does not bear the cost of repair, the notifi-
cations shall include:
(i) A statement that the manufacturer is not required by the Act to rem-
edy without charge;
(ii) A description, including approximate price, of all material that
must be added or replaced;
(iii) A description of any modifications that must be made to existing
materials;
(iv) A detailed description, including appropriate illustrations, of each
step required for correction;
(v) The manufacturer's estimate of the time reasonably necessary to
perform the labor required to correct the defect;
(3) Where a determination has been made that notification is required,
but a final determination has not been made as to the manufacturer's re-
sponsibility to bear the cost of correction, the Secretary may, after pro-
viding an opportunity for a hearing or presentation of views under
3282.152, direct the manufacturer to issue a notification with a statement
that the issue is being considered and, that a further notification will be
sent when a determination has been made under 3282.408.
(f) A statement informing the owner that he may submit a complaint
to the Secretary if the owner believes that:
(1) The notification or the remedy described therein is inadequate; or
(2) The manufacturer has failed or is unable to remedy the problem in
accordance with his notification; or
(3) The manufacturer has failed or is unable to remedy within a reason-
able time after the owner's first attempt to obtain remedy; or
(g) A statement that any actions taken by the manufacturer under the
Act in no way limit the rights of the owner or any other person under any
contract or other applicable law and that the owner may have further
rights under contract or other apphcable law.
3282.412. Time for Implementation of Plan.
The manufacturer's plan submitted under 3282.410 shall provide for
implementation of notification and correction actions as follows:
(a) Imminent safety hazards. Implementation of the plan for notifica-
tion and correction shall be completed within 30 days from the date of
discovery or Final Determination of an imminent safety hazard or serious
defect.
(b) Defects and Noncompliances. Implementation of the manufactur-
er's plan for notification shall be completed within 60 days from the date
of discovery or final determination of defect or noncompliance.
(c) The Secretary may grant an extension of time for implementing the
plan where the manufacturer shows good cause for the delay and the Sec-
retary determines the extension is justified as extraordinary circum-
stances. When the Secretary grants an extension, the Secretary shall
notify the manufacturer and publish notice of such extension in the Fed-
eral Register. The manufacturer shall implement its plan for notificafion
and correction as approved by the Secretary.
3282.413. Completion of Remedial Actions and Report.
(a) Where a manufacturer is required to provide notification under this
subpart, the manufacturer shall maintain in its files for five years from the
date the notification campaign is completed a copy of the notice sent and
a complete list of the people and their addresses.
(b) Where a manufacturer is required to provide correction under
3282.408, or where the manufacturer otherwise corrects under
3282.404(c)(2)(i), 3282.405(b) or 3282.407(c), the manufacturer shall
maintain in its files, for five years from the date the correction campaign
is completed, one of the following, as appropriate:
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Title 25
(1) A statement signed by the owner to the effect that the problem ap-
pears to have been corrected and that the owner is satisfied with the cor-
rection,
(2) Where the owner refuses to sign such a statement, a certification
by the manufacturer that the repair was made to the standards in effect
at the time the mobile home was manufactured, that any imminent safety
hazard has been ehminated, and that the owner has refused to sign the
statement in the previous paragraph, or
(3) Where the owner refuses to allow the manufacturer to repair the
home, a certification by the manufacturer that it has informed the owner
of the problem which may exist in the mobile home, that it has informed
the owner of any risk to safety or durability of the mobile home which
may result from the problem, and that the manufacturer has attempted to
repair the problems only to have the owner refuse the repair.
(c) If any actions taken under 3282.404(c)(2)(i), 3282.405(b) or
3282.407(c) are found by the SAA of the State in which the home is lo-
cated or by the Secretary not to meet the standards or otherwise not to be
adequate under the approved plan, the manufacturer may be required to
provide notification or correction pursuant to this subpart.
(d) If, in the course of making corrections under any of the provisions
of this subpart, the manufacturer creates an imminent safety hazard or se-
rious defect the manufacturer shall correct the imminent safety hazard or
serious defect under 3282.408.
(e) Upon completion of an approved plan and upon completion of any
remedial actions under this subpart except repairs made under
3282.404(c)(2)(i), the manufacturer shall, within 30 days of the time lim-
its set out in 3282.412, provide a complete report of the section taken to
the agency which provided the plan under 3282.405 or 3282.410 or
which would have approved the plan had one been required and any
agency which contacted the manufacturer under 3282.406(a) concerning
the problem. This report shall identify by serial numbers the homes af-
fected. The number of homes found to have the failure to conform or im-
minent safety hazard, and where in the distribution chain (manufacturer,
distributor, dealer, purchaser, owner) they were found.
3282.414. Replacement or Repurchase of Mobile Home from
Purchaser.
(a) Whenever an imminent safety hazard or serious defect which must
be corrected by the manufacturer at his expense under 3282.408 is of
such severity that it cannot be repaired within 60 days in accordance with
Section 615(i) of the Act, the Secretary may require —
(1) That the mobile home be replaced by the manufacturer with a mo-
bile home substantially equal in size, equipment, and quality, and either
new or in the same condition the defective mobile home would have been
in at the time of discovery of the imminent safety hazard or serious defect
had the imminent safety hazard or serious defect not existed; or
(2) That the manufacturer take possession of the mobile home and re-
fund the purchase price in full, less a reasonable allowance for depreci-
ation based on actual use if the home has been in the possession of the
owner for more than one year. Such depreciation shall be based upon an
appraisal system approved by the Secretary, and shall not take into ac-
count damage or deterioration resulting from the imminent safety hazard
or serious defect.
(b) In determining whether to order replacement or refund by the man-
ufacturer, the Secretary shall consider:
(1) The threat of injury or death to mobile home occupants;
(2) Any costs and inconvenience to mobile home owners which will
result from the lack of adequate repair within the specified period;
(3) The expense to the manufacturer;
(4) Any obHgations imposed on the manufacturer under contract or
other applicable law of which the Secretary has knowledge; and
(5) Any other relevant factors which may be brought to the attention
of the Secretary.
(c) In those situations where under contract or other applicable law the
owner has the right of election between replacement and refund, the man-
ufacturer shall inform the owner of such right of election and shall inform
the Secretary of the election, if any, by the owner.
(d) This section applies where an attempted correction of an imminent
safety hazard or serious defect relieves the safety problem but does not
bring the home in conformity to the standards.
(e) Where replacement or refund by the manufacturer is ordered under
this section, it shall be carried out within 30 days of the Secretary's order
to replace the mobile home or refund the purchase price unless the Secre-
tary, for good cause shown, grants an extension of time for implementa-
tion of such order and publishes notice of extension in the Federal Regis-
ter.
3282.415. Mobile Homes in the Hands of Dealers and
Distributors.
(a) The manufacturer is responsible for correcting any failures to con-
form and imminent safety hazards which exist in mobile homes which
have been sold or otherwise released to a distributor or dealer but which
have not yet been sold to a purchaser. This section sets out the procedures
to be followed by dealers and distributors for handling mobile homes in
such cases.
(b) Whenever a dealer or distributor finds a problem in a mobile home
which the manufacturer is responsible for correcting under paragraph (a)
of this section, the dealer or distributor shall contact the manufacturer,
provide full information concerning the problem, and request appropri-
ate action by the manufacturer in accordance with paragraph (c) of this
section. Where the manufacturer agrees to correct, the manufacturer shall
maintain a complete record of its actions. Where the manufacturer autho-
rized the dealer to make the necessary corrections on a reimbursable ba-
sis, the dealer or distributor shall maintain a complete record of its ac-
tions. Agreement by the manufacturer to correct or to authorize
corrections on a reimbursable basis under this subsection constitutes a
determination of the Secretary for purposes of Section 613(b) of the act
with respect to judicial review of the amount which the manufacturer
agrees to reimburse the dealer or distributor for corrections.
(c) Upon a final determination by the Secretary or a State Administra-
tive Agency under 3282.407, or upon a determination by a court of com-
petent jurisdiction that a mobile home fails to conform to the standard or
contains an imminent safety hazard after such mobile home is sold or
otherwise resold by a manufacturer to a distributor or a dealer and prior
to the sale of such mobile home by such distributor or dealer to a purchas-
er, the manufacturer shall have the option either to:
(1) Immediately furnish, at the manufacturer's expense, to the pur-
chasing distributor or dealer the required conforming part or parts or
equipment for installation by the distributor or dealer on or in such mo-
bile home, and shall reimburse such distributor or dealer for the reason-
able value of such installation plus a reasonable reimbursement of not
less than one per centrum per month of the manufacturer's or distribu-
tor's selling price prorated from the date of receipt by certified mail of
notice of noncompliance to the date such mobile home is brought into
compliance with the standards, so long as the distributor or dealer pro-
ceeds with reasonable diligence with the installation after the part or
component is received; or
(2) Immediately repurchase, at the manufacturer's expense, such mo-
bile home from such distributor or dealer at the price paid by such distrib-
utor or dealer, plus all transportation charges involved and a reasonable
reimbursement of not less than one per cent per month of such price paid
prorated from the date of receipt by certified mail of notice of the immi-
nent safety hazard, serious defect, defect or noncompUance to the distrib-
utor. The value of such reasonable reimbursements as specified in this
paragraph shall be fixed by mutual agreement of the parties or by a court
in an action brought under Section 61 3(b) of the Act.
(d) This section shall not apply to any mobile home purchased by a
dealer or distributor which has been leased by such dealer or distributor
to a tenant for purposes other than resale. In that instance the dealer or
distributor has the remedies available to a purchaser under this subpart.
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3282.416. Notices, Bulletins and Other Communications.
Each manufacturer shall, at the time of dispatch, furnish to the Secre-
tary a true or representative copy of all notices, bulletins, and other writ-
ten communications to the dealers or distributors of such manufacturer
or purchasers or owners of mobile homes of such manufacturer regarding
any serious defect or imminent safety hazard which may exist in any such
mobile homes produced by such manufacturer. Manufacturers shall keep
complete records of all other communications with dealers, owners, and
purchasers regarding insignificant noncompliances, noncompliances,
and defects.
3282.417. Supervision of Notification and Correction Actions.
(a) The IPIA in each manufacturing plant shall be responsible for as-
suring that notifications are sent to all owners, purchasers, dealers, or dis-
tributors of whom the manufacturer has knowledge under 3282.418 or
otherwise as required by these regulations, and the IPIA shall be respon-
sible for assuring that the required corrections are carried out by auditing
the certifications required by 3282.412.
(b) The SAA or Secretary to which the report required by 3282.41 3(e)
is sent shall be responsible for assuring through oversight that remedial
actions described in the report have been carried out as described in the
report.
(c) The SAA of the state in which an affected mobile home is located
may inspect that mobile home to determine whether any required correc-
tion is carried out to the approved plan or, if there is no plan, to the stan-
dards or other approval obtained by the manufacturer under 3282.405(b)
or 3282.407(c).
Subpart J. Monitoring of Primary Inspection Agencies
3282.451. General.
The actions of all primary inspection agencies accepted under Subpart
H shall be monitored by the Secretary or the Secretary's agent to deter-
mine whether the PIAs are fulfilling their responsibilities under these
regulations. This monitoring shall be carried out primarily through joint
monitoring teams made up of personnel supplied by SAAs and by the
Secretary or the Secretary's agent. Monitoring parties shall make recom-
mendations to the Secretary with respect to final acceptance of PIAs un-
der 3282.361(e) and 3282.362(e), continued acceptance, and disqualifi-
cation or requalification under 3282.356, and with respect to any changes
which PIAs should make in their operations in order to continue to be ap-
proved. Based on this monitoring, the Secretary shall determine whether
PIAs should continue to be approved under these regulations.
3282.452. Participation in Monitoring.
(a) Joint Monitoring Teams.
(1 ) The Secretary or the Secretary's agent shall develop and coordinate
joint monitoring teams which shall be made up of qualified personnel
provided by SAAs and by the Secretary or Secretary's agent. The Secre-
tary or the Secretary' s agent shall determine whether persormel are quali-
fied based on education or experience.
(2) The joint monitoring teams will operate generally on a regional ba-
sis. To the extent possible the teams shall be so scheduled that personnel
provided by an SAA will be monitoring operations in mobile home plants
from which mobile homes are shipped into their State.
(3) Personnel from an SAA shall not participate on joint monitoring
teams operating within their State.
(4) States are encouraged but not required to participate on joint moni-
toring teams.
(b) State Monitoring. A state may carry out monitoring of IPIA func-
tions at plant facilities within the State if the State is not acting as an IPIA.
Where a State wishes to carry out monitoring activities it shall do so in
coordination with the Secretary and the Secretary's agent. To the extent
that the State is performing adequate monitoring, the frequency of the
joint team monitoring may be reduced to one visit per year consistent
with the requirements of 3282.453.
(c) Review of Staff Capability. The monitoring party shall review the
capability of the PIA's staff to perform the functions it is required to per-
form.
(d) Review of Interpretations. The monitoring party shall review all re-
cords of interpretations of the standards made by the PIA to determine
whether they are consistent and to determine whether there are any con-
tlicts which should be referred to the Secretary for determination.
(e) DAPIA. Monitoring parties shall review on a random basis at least
10 percent of the design and quality assurance manual approvals made
by each DAPIA in each year.
(f) IPIA. The monitoring parties shall assure that the IPlAs are carry-
ing out all of the functions for which they have been accepted. In particu-
lar, they shall assure that the manufacturing process is as stated in the cer-
tification reports, that the IPIAs are carrying out the required number of
inspections, that inspections are effective, and that the IPIAs are main-
taining complete label control as required by 3282.362. A monitoring
team shall monitor the IPIA's office procedures, files, and label control
and the monitoring team shall send copies of its report to the Secretary
or the Secretary's agent, which shall send copies to all monitoring teams
which monitor the operations of the subject IPIA.
(g) Remedial Actions.The monitoring parties shall review the reme-
dial action records of the manufacturers and of the primary inspection
agencies closely to determine whether the primary inspection agencies
have been carrying out their responsibilities with respect to remedial ac-
tions.
3282.453. Frequency and Extent of Monitoring.
(a) The actions of all primary inspection agencies shall be monitored
at a frequency adequate to assure that they are performing consistently
and fulfilling their responsibilities under these regulations. Every aspect
of the primary inspection agencies' performance shall be monitored.
(b) Frequency of monitoring.The performance of each primary in-
spection agency shall be monitored during its period of provisional ac-
ceptance by a complete review of its records and, in the case if IPIAs, by
a complete inspection of the operations of at least one manufacturing
plant which it has approved or in which it is operating. After the initial
inspection, the performance of each primary inspection agency shall be
monitored four times per year, except that the number of monitoring vis-
its may be decreased to a minimum of one per year if the performance of
the primary inspection agency is deemed by the Secretary or the Secre-
tary's agent to be superior, and it may be increased as necessary if per-
formance is suspect. There shall be a minimum of one review per year
of the records of each primary inspection agency, and there shall be more
reviews as needed.
3282.454. Monitoring Inspection Fee.
(a) There is hereby established a monitoring inspection fee of $19.00
which is to be paid by manufacturers for each mobile home manufactured
in non-approved and conditionally approved states as described in
3282.210.
(b) The monitoring inspection fee to be established by approved states
under 3282.307(a) shall be in the amount of $19.00 per mobile homes
produced therein.
Subpart K. Departmental Oversight
3282.501. General.
The Secretary shall oversee the performance of SAAs, the Secretary' s
agent, and primary inspection agencies as follows:
(a) The Secretary shall review SAA reports to ensure that States are
taking appropriate actions with regard to the enforcement of the stan-
dards and with respect to the functions for which they are approved under
these regulations.
(b) The Secretary shall review monitoring reports submitted by the
Secretary's agent to determine that it is performing in accordance with
the contract between it and the Secretary.
(c) The Secretary shall review monitoring reports to determine wheth-
er PIAs are fulfilling their responsibilities under these regulations.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) The Secretary shall make random visits for the purpose of oversee-
ing the activities of SAAs and the Secretary's agent.
(e) The Secretary shall take such other actions to oversee the system
established by these regulations as it deems appropriate.
(f) All records maintained by all parties acting under these regulations
with respect to those actions shall be available to the Secretary, the Secre-
tary' s agent, and where appropriate, SAAs and PlAs for review at any
reasonable time.
3282.502. Departmental Implementation.
To the extent that SAAs or any parties contracting with the Secretary
do not perform functions called for under these regulations, those func-
tions shall be carried out by the Secretary with its own personnel or
through other appropriate parties.
3282.503. Determinations and Hearings.
The Secretary shall make all the determinations and hold such hear-
ings as are required by these regulations, and the Secretary shall resolve
all disputes arising under these regulations.
Subpart L. Manufacturer, IPIA and SAA Reports
3282.551. Scope and Purpose.
This subpart describes the reports which shall be submitted by man-
ufacturers, PIAs and SAAs as part of the system of enforcement estab-
lished under these regulations. Additional reports described in Subpart
I are required when corrective actions are taken under that subpart.
3282.552. Manufacturer Reports for Joint Monitoring Fees.
For each month, the manufacturer shall submit to the IPIA in each of
its manufacturing plants a report that includes the serial numbers of each
mobile home manufactured at that plant during that preceding month,
and the State of first location, after leaving the manufacturing plant, of
such mobile homes. The State of first location for the purpose of this re-
port is the State of the premises of the distributor, dealer or purchaser to
whom the mobile home is first shipped. The report for each month shall
be submitted by the tenth day of the following month.
3282.553. IPIA Reports.
Each IPIA shall submit by the twentieth day of each month to each
SAA, or if no SAA to the Secretary, in each state where it is engaged in
the inspection of manufacturing plants, a report of the operations of each
manufacturer in that State for the preceding month which includes the
following information:
(a) the number of single-wide and double-wide mobile homes labeled
in the preceding month;
(b) the number of inspection visits made to each manufacturing plant
in the preceding month; and
(c) the number of mobile homes with a failure to conform to the stan-
dards or an imminent safety hazard during the preceding month found in
the manufacturing plant.
The manufacturers report for the preceding month described in
3282.552 shall be attached to each such IPIA report as an appendix there-
to.
3282.554. SAA Reports.
Each SAA shall submit, prior to the last day of each month, to the Sec-
retary a report covering the preceding month which includes:
(a) The description and status of all presentations of views, hearings
and other legal actions during the preceding month; and .
(b) The description of the SAA's oversight activities and findings re-
garding consumer complaints, notification and correction actions during
the preceding month. The IPIA report for the preceding month described
in 3282.553, as well as the reports described in 3282.413 and manufac-
turer reports under 3282.404(d), which were received during the preced-
ing month, shall be attached to each such SAA report as an appendix
thereto.
History
1. Amendment of quoted Sections 3282.7, 3282.8, 3282.205, 3282.207 and
3282.401 filed 9-8-76 as procedural and organizational; effective upon filing
(Register 76, No. 37).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
3. Editorial correction restoring inadvertently omitted quoted sections
3282.303-3282.306 (Register 96, No. 37).
Subarticle 3. Mobile Home Construction
and Safety Standards
§ 4070. Mobile Home Construction and Safety Standards.
Regulations of the United States Department of Housing and Urban
Development relating to mobile home construction and safety are appli-
cable to mobile homes bearing or required to bear either a department in-
signia or Title VI label to the extent prescribed in this subchapter and are
reproduced as follows.
NOTE: Authority cited: Secfion 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18055.5. Health and Safety Code.
History
1. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No.
18).
Part 280 Mobile Home Construction and Safety Standards
Subpart A. General
280.1. Scope.
(a) This standard covers all equipment and installations in the design,
construction, fire safety, plumbing, heat-producing and electrical sys-
tems of mobile homes which are designed to be used as dwelling units.
The Secretary may approve such equipment and installations which are
listed or labeled by an approved testing or listing agency. Equipment and
installations not listed or labeled may be approved by the Secretary upon
a determination that such equipment and installations are adequate for
the protection of health, safety and the general welfare.
(b) These Federal Mobile Home Construction and Safety Standards
seek, to the maximum extent possible, to establish performance require-
ments. In certain instances, however, the use of specific requirements in
the Standard is necessary because, at this time, that is the best available
means of identifying the desired performance. The use of specific re-
quirements is not intended to prohibit the utilization of any material,
piece of equipment, or system which does not meet precise specifications
set out in the standard is shown, to the satisfaction of the Secretary, to
meet the level of performance of a material, piece of equipment or system
which meets the precise specifications, the Secretary may waive the
specifications set out in the standard for that material, piece of equip-
ment, or system. Whenever a waiver is issued, the Secretary shall issue
an interpretative bulletin which announces the waiver, states that the ma-
terial, piece of equipment or system meets the required standard of per-
formance, and sets out any limitations or other requirements with respect
to how the material, piece of equipment, or system must be used, includ-
ing any tests of the material, piece of equipment, or system which the Sec-
retary determines must be carried out before it can be used. Where a
waiver has been issued, the requirements of the section of the Federal
standard to which the waiver relates may be met either by meeting the
specifications set out in the standard or by meeting any requirements set
out in the interpretative bulletin which announces the waiver.
(c) Interpretative bulletins may also be issued for he following pur-
poses:
(1) to clarify the meaning of the standard; and
(2) to assist in the enforcement of the standard.
280.2 Definitions.
(a) Definitions in this Subpart are those common to all Subparts of the
standard and are in addition to the definitions provided in individual
parts.
(1) "Approved," when used in connection with any material, appliance
or construction, means complying with the requirements of the Depart-
ment of Housing and Urban Development.
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Title 25
Factory-Built Housing and Mobile Homes
§4070
(2) "Center" means the midline between the right and left side of a mo-
bile home.
(3) "Certified." See "listed."
(4) "Combustible Material" means materials made of, or surfaced
with, wood, compressed paper, plant fibers, or other material that will ig-
nite and burn. Such materials shall be considered as combustible even
though flame-proofed, fire-retardant treated or plastered.
(5) "Defect" includes any defect in the performance, construction,
components, or material of a mobile home that renders the home or any
part thereof not fit for the ordinary use for which it was intended.
(6) "Department" means the Department of Housing and Urban De-
velopment.
(7) "Dwelling Unit" means one or more habitable rooms which are de-
signed to be occupied by one family with facilities for living, sleeping,
cooking and eating.
(8) "Equipment" includes materials, appliances, devices, fixtures, fit-
tings or accessories both in the construction of, and in the fire safety,
plumbing, heat-producing and electrical systems of mobile homes.
(9) "Federal mobile home construction and safety standard" means a
reasonable standard for the construction, design, and performance of a
mobile home which meets the needs of the public including the need for
quality, durability, and safety.
(10) "Imminent safety hazard" means a hazard that presents an immi-
nent and unreasonable risk of death or severe personal injury.
(11) "Installations" means all arrangements and methods of construc-
tion, as well as fire safety, plumbing, heat-producing and electrical sys-
tems used in mobile homes.
(12) "Labeled" means a label, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency, or other or-
ganization concerned with product evaluation that maintains periodic in-
spection of production of labeled equipment or materials, and by whose
labeling is indicated compliance with nationally recognized standards or
tests to determine suitable usage in a specified manner.
(13) "Length of a Mobile Home" means the distance from the exterior
of the front wall (nearest to the drawbar and coupling mechanism) to the
exterior of the rear wall (at the opposite end of the home) where such
walls enclose living or other interior space and such distance includes ex-
pandable rooms but not bay windows, porches, drawbars, couplings,
hitches, wall and roof extensions, or other attachments.
(14) "Listed or Certified" means included in a list pubUshed by a na-
tionally recognized testing laboratory, inspection agency, or other orga-
nization concerned with product evaluation that maintains periodic in-
spection of production of listed equipment or materials, and whose listing
states either that the equipment or material meets nationally recognized
standards or has been tested and found suitable for use in a specified man-
ner.
(15) "Manufacturer" means any person engaged in manufacturing or
assembling mobile homes, including any person engaged in importing
mobile homes for resale.
(16) "Mobile Home" means a structure, transportable in one or more
sections, which is eight body feet or more in width and is thirty-two body
feet or more in length, and which is built on a permanent chassis, and de-
signed to be used as a dwelling with or without permanent foundation,
when connected to the required utilities, and includes the plumbing, heat-
ing, air-conditioning, and electrical systems contained therein.
(17) "Mobile Home Construction" means all activities relating to the
assembly and manufacture of a mobile home including, but not limited
to, those relating to durability, quality and safety.
(18) "Mobile Home Safety" means the performance of a mobile home
in such a manner that the public is protected against any unreasonable
risk of the occurrence of accidents due to the design or construction of
such mobile home, or any unreasonable risk of death or injury to the user
or to the public if such accidents do occur.
(19) "Registered Engineer or Architect" means a person licensed to
practice engineering or architecture in a state and subject to all laws and
limitations imposed by the state's Board of Engineering and Architecture
Examiners and who is engaged in the professional practice of rendering
service or creative work requiring education, training and experience in
engineering sciences and the applications of special knowledge of the
mathematical, physical and engineering sciences in such professional or
creative work as consultation, investigation, evaluation, planning or de-
sign and supervision of construction for the purpose of securing com-
pliance with specifications and design for any such work.
(20) "Secretary" means the Secretary of Housing and Urban Develop-
ment, or an official of the Department delegated the authority of the Sec-
retary with respect to Title VI of Public Law 93-383.
(21) "State" includes each of the several States, the District of Colum-
bia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the
Canal Zone, and American Somoa.
(22) "Width of a Mobile Home" means the distance from the exterior
of one side wall to the exterior of the opposite side wall where such walls
enclose living or other interior space and such distance includes expand-
able rooms but not bay windows, porches, wall and roof extensions, or
other attachments.
280.3. Acceptance of Plans.
(a) Each manufacturer of mobile homes shall submit the building plans
for every model of such mobile home to the Secretary, or Secretary's de-
signee, for the purpose of inspection for conformance to this standard.
(b) The manufacturer shall certify that each such building plan meets
the Federal construction and safety standard in force at that time before
the mobile home involved is produced.
(c) Regulations pertaining to enforcement of these standards and to la-
beling of mobile homes shall be as prescribed by the Secretary.
280.4. Incorporation by Reference.
(a) The specifications, standards and codes of agencies of the U.S.
Government, to the extent they are incorporated by reference in this stan-
dard, have the same force and effect as this standard. Wherever reference
standards and this standard are inconsistent, the requirements of this stan-
dard prevail to the extent of the inconsistency.
(b) The abbreviations and sources of these referenced standards, spec-
ifications and codes appear below:
AA — The Aluminum Association, 750 Third Avenue, New York,
N.Y. 10017.
ABPA — Acoustical and Board Products Association, 205 West
Touhy Avenue, Chicago, Illinois 60068.
AGA — American Gas Association Laboratories, 8501 East Pleasant
Valley Road, Cleveland, Ohio 44131.
AISC — American Institute of Steel Construction, 1 221 Avenue of the
Americas, New York, New York 1 0020.
AISI— American Iron and Steel Institute, 1000 16th Street, N.W.,
Washington, D.C. 20036.
AITC — American Institute of Timber Construction, 333 W. Hampden
Avenue, Englewood, Colorado 80110.
ANSI — American National Standards Institute, 1 430 Broadway, New
York, New York 10017.
APA — American Plywood Association, 1119 A Street, Tacoma,
Wash. 98401.
ASHRAE — American Society of Heating Refrigeration and Air-
Conditioning Engineers, 345 East 47th Street, New York, New York
10017.
ASME — American Society of Mechanical Engineers, 345 East 47th
Street, New York, New York 10017.
ASTM — American Society of Testing and Materials, 1916 Race
Street, Philadelphia, Pennsylvania 19103.
CMI— Cultured Marble Institute, 230 North Michigan Avenue, Chi-
cago, Illinois 60601.
CS — Commercial Standards — Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402.
DOC— Department of Commerce, Washington, D.C. 20230.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
DOT — Department of Transportation, Washington, D.C. 20590.
FHDA — Fir and Hemlock Door Association. Yeon Building, Port-
land, Oregon 97204.
FS — Federal Specification — Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402.
GAL — Gas Appliance Laboratory, 3138 East Olympic Boulevard,
Los Angeles, California 90023.
HPMA — Hardwood Plywood Manufacturers Association, P.O. Box
6246, Arlington, Virginia 22206.
HVI — Home Ventilating Institute, 230 North Michigan Avenue, Chi-
cago. Illinois 60601.
lAMPO — International Association of Plumbing and Mechanical Of-
ficials, 5032 Alhambra Avenue, Los Angeles, California 90032.
I-SANTA — Industrial Staple and Nail Technical Association, P.O.
Box 3072, City of Industry, California 91744.
NFPA — National Fire Protection Association, 470 Atlantic Avenue,
Boston, Massachusetts.
(N)FPA — National Forest Products Association (formerly National
Lumber Manufacturers Associations), 1619 Massachusetts Ave., Wash.,
D.C. 20036.
NPA — National Particleboard Association, 2306 Perkins Place, Sil-
ver Spring, Maryland 20910.
NSF — National Sanitation Foundation, 3475 Plymouth Road, Ann
Arbor, Michigan 48105.
NWMA — National Woodwork Manufacturers Association, 400 West
Madison Street, Chicago, Illinois 60606.
PS — Product Standard-Superintendent of Documents, U.S. Govern-
ment Printing Office. Washington, D.C. 20402.
SJI — Steel Joist Institute, 2001 Jefferson Davis Highway, Arlington,
Virginia 22202.
TPI— Truss Plate Institute, Suite 200, 7100 Baltimore Avenue, Col-
lege Park, Maryland 20740.
UL — Underwriters' Laboratories, Inc., 207 East Ohio Street, Chica-
go, Illinois 60611.
280.5. Data Plate.
(a) Each mobile home shall bear a data plate affixed in a permanent
manner near the main electrical panel or other readily accessible and vis-
ible location. Data plates shall bear not less than the following informa-
tion.
(1) The manufacturer's name and address.
(2) The serial number and the model number of the unit and date the
unit was manufactured.
(3) The statement, "The mobile home is designed to comply with the
Federal mobile home construction and safety standard in force at the time
of manufacture."
(4) Factory installed equipment, the manufacturer's name and the
model designation of major factory-installed appliances.
(5) Reference to the structural zone and wind zone for which the home
is designed and duplicates of the maps as set forth in 280.305(c)(4). This
information may be combined with the heating/cooling certificate and in-
sulation zone maps required by 280.510 and 280.51 1.
280.6. Serial Number.
(a) A mobile home serial number which will identify the manufacturer
and the state in which the mobile home is manufactured, must be stamped
into the foremost cross member. Letters and numbers must be 3/8-inch
minimum in height. Numbers must not be stamped into hitch assembly
or drawbar.
280.7. Modular Homes.
A structure which meets the definition of "mobile home" set out in
280.2(a)(16) is not subject to the provisions of this part if it enters the first
stage of production before 150 days after June 15, 1976 and meets any
one of the following criteria.
(a) The structure is manufactured in accordance with and meets the
following codes published by Building Officials and Code Administra-
tors (BOCA) and the National Fire Protection Association (NFPA):
(1) BOCA Basic Building Code-1975;
(2) BOCA Basic Industrialized Dwelling Code-1975;
(3) BOCA Basic Mechanical Code-1975;
(4) BOCA Basic Plumbing Code-1975; and
(5) National Electrical Code-NFPA 70-1975;
(b) The structure is manufactured in accordance with and meets the
following codes published by the Southern Building Code Congress
(SBCC) and the NFPA:
(1) Southern Standard Building Code-1976;
(2) Southern Standard Gas Code-1976;
(3) Southern Standard Mechanical Code-1976;
(4) Southern Standard Plumbing Code-1975, with 1976 revision; and
(5) National Electrical Code-NFPA 70-1975
(c) The structure is manufactured in accordance with and meets the
following codes published by the International Conference of Building
Officials (ICBO) and the NFPA:
(1) Uniform Building Code-1973;
(2) Uniform Plumbing Code-1973;
(3) Uniform Mechanical Code-1973; and
(4) National Electrical Code-NFPA 70-1975.
(d) The structure meets a standard established by a state for modular
homes, as distinct from mobile homes as they are defined by the state.
(e) The structure is built in accordance with an FHA Structural Engi-
neering Bulletin and FHA minimum Property Standards and is eligible
for long-term financing under section 203(b) of the National Housing
Act, 12 U.S.C. 1701 et seq: Provided, that any aspects of the cited codes
or any state codes which are intended to apply to mobile homes, as such
codes may define them, are preempted by the comparable aspects of the
Federal standards.
Subpart B. Planning Considerations
280.101. Scope.
Subpart B states the planning requirements in mobile homes. The in-
tent of this subpart is to assure the adequacy of architectural planning
considerations which assist in determining a safe and healthful environ-
ment.
280.102. Definitions.
(a) "Gross Floor Area" means all space, wall to wall, including re-
cessed entries not to exceed 5 sq. ft. and areas under built-in vanities and
similar furniture. Where the ceiling height is less than that specified in
280.104, the floor area under such ceilings shall not be included. Roor
area of closets shall not be included in the gross floor area.
(b) "Habitable Room" means a room or enclosed floor space arranged
for living, eating, food preparation, or sleeping purposes not including
bathrooms, foyers, hallways, and other accessory floor space.
(c) "Laundry Area" means an area containing or designed to contain
a laundry tray, clothes washer and/or clothes dryer.
280.103. Light and Ventilation.
Provisions shall be made for adequate light and ventilation in accor-
dance with the following:
(a) Each habitable room shall be provided with exterior windows and/
or doors having a total glazed area of not less than 8 percent of the gross
floor area. An area equivalent to not less than 4 percent of the gross floor
area shall be available for unobstructed ventilation. Glazed areas need
not be openable where a mechanical ventilation system is provided and
is capable of producing a change of air in the room(s) every 30 minutes
with not less than one-fifth of the air supply taken from outside the mo-
bile home. Windows and doors used for light or ventilation shall open di-
rectly to the outside of the home.
(b) In lieu of the requirements in 280. 1 03(a), kitchens may be provided
with artificial light and mechanical ventilation capable of producing a
change of air in the room every 30 minutes. (See 280.710).
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(c) Bathroom and toilet compartments. Each bathroom and toilet com-
partment shall be provided with artificial light and, in addition, be pro-
vided with external windows or doors having not less than 1-1/2 sq. ft.
of fully openable glazed area, except where a mechanical ventilation sys-
tem is provided capable of producing a change of air every 12 minutes.
Any mechanical ventilation system shall exhaust directly to the outside
of the mobile home.
280.104. Ceiling Heights.
(a) Every habitable room and bathroom shall have a minimum ceiling
height of not less than 7 feet, 0 inches for a minimum of 50 percent of the
room's floor area. The remaining area may have a ceiling with a mini-
mum height of 5 feet, 0 inches. Minimum height under dropped ducts,
beams, etc. shall be 6 feet, 4 inches.
(b) Hallways and foyers shall have a minimum ceiling height of 6 feet,
6 inches.
280.105. Exit Facilities; Exterior Doors.
(a) Number and location of exterior doors. Mobile homes shall have
a minimum of two exterior doors located remote from each other.
(1) Required egress doors shall not be located in rooms where a lock-
able interior door must be used in order to exit.
(2) In order for exit doors to be considered "remote" from each other,
they must comply with all of the following: (i) Both of the required doors
must not be in the same room or in a group of rooms which are not defined
by fixed walls, (ii) Single wide units. Doors may not be less than 12 ft.
c-c from each other as measured in any straight line direction regardless
of the length of path of travel between doors, (iii) Double wide units.
Doors may not be less than 20 ft. c-c from each other as measured in any
straight line direction regardless of the length of path of travel between
doors, (iv) One of the required exit doors must be accessible from the
doorway of each bedroom without traveling more than 35 ft.
(b) Door design and construction.
(1) Exterior swinging doors shall be constructed in accordance with
280.405 the "Standard for Swinging Exterior Passage Doors for Use in
Mobile Homes." Exterior sliding glass doors shall be constructed in ac-
cordance with 280.403 the "Standard for Windows and Sliding Glass
Doors Used in Mobile Homes."
(2) All exterior swinging doors shall provide a minimum 28 inch wide
by 74 inches high clear opening. All exterior sliding glass doors shall pro-
vide a minimum 28 inch wide by 72 inch high clear opening.
(3) Each swinging exterior door other than screen or storm doors shall
have a key-operated lock that has a deadlocking latch or a key-operated
dead bolt with a passage latch. Locks shall not require the use of a key
for operation from the inside.
(4) All exterior doors, including storm and screen doors, opening out-
ward shall be provided with a safety door check.
280.106. Exit Facilities; Egress Windows.
(a) Every room designed expressly for sleeping purposes, unless it has
an exit door (See 280.105), shall have at least one outside window or ap-
proved device which meets the requirements of 280.404 the "Standard
for Egress Windows for Use in Mobile Homes."
(b) The bottom of the window opening shall not be more than 36 inches
above the floor.
(c) Locks, latches, operating handles, tabs and any other window,
screen or storm window devices which need to be operated in order to
permit exiting shall not be located in excess of 60 inches from the finished
floor.
280.107. Interior Privacy.
Bathroom and toilet compartment doors shall be equipped with a pri-
vacy lock.
280.108. Interior Passage.
(a) Interior doors having passage hardware without a privacy lock, or
with a privacy lock not engaged, shall open from either side by a single
movement of the hardware mechanisms in any direction.
(b) Each mobile home interior door, when provided with a privacy
lock, shall have a privacy lock that has an emergency release on the out-
side to permit entry when the lock has been locked by a locking knob, le-
ver, button, or other locking device on the inside.
280.109. Space Planning.
The dimensions set forth in 280.110 through 280.113 are intended to
assure that space and a functional arrangement of this space are provided
to accommodate the normal activities of living in the mobile home.
280.110. Room Requirements.
(a) Every mobile home shall have at least one living area with not less
than 150 sq. ft. of gross floor area.
(b) Rooms designed for sleeping purposes shall have a minimum gross
square foot floor area as follows:
(1) All bedrooms shall have at least 50 sq. ft. of floor area.
(2) Bedrooms designed for two or more people shall have 70 sq. ft. of
floor area plus 50 sq. ft. for each person in excess of two.
(c) Every room designed for sleeping purposes shall have accessible
clothes hanging space with a minimum inside depth of 22 inches and
shall be equipped with a rod and shelf.
280.111. Minimum Room Dimensions.
The gross floor area required by 280. 1 1 0(a) and (b) shall have no clear
horizontal dimension less than 5 feet except as permitted by 280.102(a).
280.112. Toilet Compartments.
Each toilet compartment shall be a minimum of 30 inches in width, ex-
cept, when the toilet is located adjacent to the short dimension of the tub,
the distance from the tub to the center line of the toilet shall not be less
than 12 inches. At least 21 inches of clear space shall be provided in front
of each toilet.
280.113. Hallways.
Hallways shall have a minimum horizontal dimension of 28 inches
measured from the interior finished surface to the interior finished sur-
face of the opposite wall. When appliances are installed in a laundry area,
the measurement shall be from the front of the appliance to the opposite
finished interior surface. When appliances are not installed and a laundry
area is provided, the area shall have a minimum clear depth of 27 inches
in addition to the 28 inches required for passage. In addifion, a notice of
the available clearance for washer/dryer units shall be posted in the laun-
dry area. Minor protrusions into the minimum hallway width by door-
Icnobs, trim, smoke detectors or light fixtures are permitted.
280.114. Glass and Glazed Openings.
(a) Windows and sliding glass doors. All windows and sliding glass
doors shall meet the requirements of 280.403 the "Standard for Windows
and Sliding Glass Doors Used in Mobile Homes."
(b) Safety glazing. Glazing in all entrance or exit doors, sHding glass
door units (fixed or moving secdons), unframed glass doors, unbacked
mirrored wardrobe doors (i.e. mirrors not secured to a backing capable
of being the door itself), shower and bathtub enclosures and surrounds
to a height of 6 feet above the bathroom floor level, storm doors or combi-
nation doors, and in panels located within 12 inches on either side of exit
or entrance doors shall be of a safety glazing material. Safety glazing ma-
terial is considered to be any glazing material capable of passing the re-
quirements of ANSI Z97.1-72.
Subpart C. Fire Safety
280.201. Scope.
The purpose of Subpart C of this standard is to specify measures which
will provide a reasonable degree of safety from fire for the occupants. It
is the intent of this Subpart that mobile homes shall be constructed so as
to reduce fire hazards and provide detection of a fire for safe egress.
280.202. Definitions.
(a) The following definitions are applicable to Subpart C only:
(1) "Flame Spread" means the propagation of flame over a surface.
(2) "Interior finish" means the surface material of walls, fixed or mov-
able partitions, ceilings and other exposed interior surfaces affixed to the
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mobile home structure including any materials such as paint or wallpaper
and the substrate to which they are applied. Interior finish does not in-
clude windows and doors or their frames, skylight, trim, moldings, deco-
rations or furnishing which are not affixed to the mobile home structure.
(3) "Single Station Alarm Device" means an assembly incorporating
the smoke detector sensor, the electrical control equipment requirement,
and the alarm-sounding device in one unit.
(4) "Smoke Detector" means wall mounted detector of the ionization
chamber or photoelectric type which detects visible or invisible particles
of combustion and operates from the 1 20 V AC source of electrical power
supply.
280.203. Flame Spread Limitations and Combustibility.
(a) Flame spread limitations. The surface flame spread rating of interi-
or finish materials shall not exceed the following when tested by Stan-
dard Method of test for Surface Burning Characteristics of Building Ma-
terials, ASTM E84. The surface flame spread rating of interior finish
materials required by 280.203(a)(4) and (6) may be established using the
Surface FlammabiUty of Materials Using a Radiant Heat Energy Source,
ASTM E 162. Testing shall be by laboratories acceptable to the Secre-
tary.
(1) The interior finish of all walls and partitions shall not have a flame
spread rating exceeding 200 except as otherwise specified herein. The
flame spread limitation shall not apply to; molding, trim, windows, doors
or series of doors not exceeding 4 feet in width, and permanently attached
decorative items such as pictures or accent panels constituting not more
than 10 percent of the aggregate wall surface in any room or space nor
more than 32 square feet in surface area whichever is less.
(2) All ceiling interior finish shall not have a flame spread rating ex-
ceeding 200, excluding molding and trim 2 inches or less in width.
(3) Furnace and water heater spaces shall be enclosed by walls, ceiling
and doors having an interior finish with aflame spread rating not exceed-
ing 25.
(4) Combustible kitchen cabinet doors, countertops, exposed bottoms
and end panels shall not exceed a flame spread rating of 200. Cabinet
rails, stiles, muUions and toe strips are exempted.
(5) Exposed interior finishes adjacent to the cooking range shall not
have a flame spread rating exceeding 50. Adjacent surfaces are the ex-
posed vertical surfaces between the range top height and the overhead
cabinets and/or ceiling and within 6 horizontal inches of the cooking
range.
(6) Finish surfaces of plastic bath tubs, shower units and tub or shower
doors shall not exceed a flame spread rating of 200.
(b) Combustibility. The interior walls and ceiling encasing furnace
and water heater enclosures (including doors) and the exposed wall adja-
cent to the cooking range as defined in 280.203(a)(5) shall be surfaces
with 5/16 inch gypsum board or material having equivalent fire protec-
tive properties. At furnace and water heater spaces all openings for pipes
and vents shall be tightfitted or firestopped.
280.204. Kitchen Cabinet Protection.
(a) The bottom and sides of combustible kitchen cabinets over cooking
ranges including a space of 6 inches from the side of the cooking range
shall be protected with at least 1/4-inch thick asbestos millboard covered
with not less than 26 gage sheet metal (.017 stainless steel, .024 alumi-
num, or .020 copper) or equivalent protection. The protective metal over
the range shall form a hood with not less than a 3 inch eyebrow (measur-
ing horizontally from face of cabinet). The hood shall be centered over
and at least as wide as the cooking range.
280.205. Carpeting.
(a) Carpeting shall not be used under a fuel-fired furnace or water
heater.
280.206. Firestopping.
(a) Firestopping of 1 inch minimum nominal lumber or the equivalent,
shall be provided to cut off all concealed draft openings in all stud walls
and partitions, including furred spaces, so placed that the maximum ver-
tical dimension of any concealed space is not over eight feet.
280.207. Requirements for Foam Plastic Thermal Insulating
Materials.
(a) General. Foam plastic thermal insulating materials shall not be
used within the cavity of walls or ceiling or exposed to the interior of the
mobile homes, unless otherwise specifically approved by HUD, based on
accepted tests including full scale room fire testing.
(b) Specific requirements. Foam plastic having a flame spread rating
of 75 or less may be used as siding backer board or sheathing with a maxi-
mum of 3/8-inch thickness when separated from the interior of the mo-
bile home by a minimum of 2-inches of mineral insulation or equivalent
fire protective material.
280.208. Mobile Home Fire Detection Equipment.
(a) General. At least one smoke detector (which may be a single-sta-
tion alarm device) shall be installed in each mobile home to protect each
separate bedroom area.
(b) Smoke detector location. A smoke detector shall be installed in the
hallway or space communicating with the bedroom area.
(1) The specific location shall be in the hallway between the living
room area and the first bedroom, except that when a door(s) separates the
living area from the bedroom area, the detector shall be installed on the
hving area side as close to the door(s) as practicable.
(2) Mobile homes having bedrooms separated by any one or combina-
tion of common use areas such as kitchens, dining room, living room or
family room (but not a bathroom or utility room), shall have at least two
smoke detectors, one detector protecting each bedroom area.
(3) Where practicable, the detector shall be located between the return
air intake and the living area.
(4) The architectural planning of the mobile home shall not isolate a
smoke detector so as to impair its effectiveness.
(c) Smoke detectors. Smoke detectors shall be either the ionization
chamber or the photoelectric wall mounted type and shall comply with
all the requirements of Underwriters' Laboratories Standard No. 167 for
ionization and 168 for photoelectric type detectors. Detectors shall bear
the label of a testing and approved under the requirements of UL 1 67 or
168. The testing and approved laboratory shall be one which maintains
a periodic follow-up service of the labeled devices to ensure compliance
with the original approval.
(d) Installation. Smoke detectors shall be installed on an interior wall
of the mobile home. The top of the detectors shall be 5- to 7-inches from
the ceiling. The detector mounting shall be attached to an electrical outlet
box and the detector connected by a permanent wiring method into a gen-
eral electrical circuit. There shall be no switches in a circuit to the detec-
tor other than the overcurrent protective device protecting the branch cir-
cuit.
Subpart D. Body and Frame Construction Requirements
280.301. Scope.
This Subpart covers the minimum requirements for materials, prod-
ucts, equipment and workmanship needed to assure that the mobile home
will provide
(a) structural strength and rigidity,
(b) protection against corrosion, decay, insects and other similar de-
structive forces,
(c) protection against hazards of windstorm,
(d) resistance to the elements, and
(e) durability and economy of maintenance.
280.302 Definitions.
(a) The following definitions are applicable to Subpart D only:
(1) "Anchoring Equipment" means straps, cables, turnbuckles, and
chains, including tensioning devices, which are used with ties to secure
a mobile home to ground anchors.
(2) "Anchoring System" means a combination of ties, anchoring
equipment, and ground anchors that will, when properly designed and in-
stalled, resist overturning and lateral movement of the mobile home from
wind forces.
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(3) "Tie" means strap, cable, or securing device used to connect the
mobile home to ground anchors.
(4) "Diagonal Tie" means a tie intended to primarily resist horizontal
forces, but which may also be used to resist vertical forces.
(5) "Vertical Tie" means a tie intended to resist the uplifting or over-
turning forces.
(6) "Footing'" means that portion of the support system that transmits
loads directly to the soil.
(7) "Ground Anchor" means any device at the mobile home stand de-
signed to transfer mobile home anchoring loads to the ground.
(8) "Hurricane Resistive Mobile Home" means a mobile home which
meets the wind design load requirements for Zone II in 280.305(c)(2).
(9) "Loads" (i) "Dead Loads" means the weight of all permanent con-
struction including walls, floors, roof, partition, and fixed service equip-
ment, (ii) "Live Load" means the weight superimposed by the use and oc-
cupancy of the mobile home, including wind load and snow load, but not
including dead load, (iii) "Wind Load" means the lateral or vertical pres-
sure or uplift on the mobile home due to wind blowing in any direction.
(10) "Main Frame" means the structural component on which is
mounted the body of the mobile home.
(11) "Pier" means that the portion of the support system between the
footing and the mobile home exclusive of caps and shims.
(12) "Sheathing" means material which is applied on the exterior side
of a building frame under the exterior weather resistant covering.
(13) "Stabilizing Devices" means all components of the anchoring and
support systems such as piers, footings, ties, anchoring equipment,
ground anchors, and any other equipment which supports the mobile
home and secures it to the ground.
(14) "Support System" means a combination of footings, piers, caps,
and shims that will, when properly installed, support the mobile home.
280.303. General Requirements.
(a) Minimum requirements. The design and construction of a mobile
home shall conform with the provisions of this standard. Requirements
for any size, weight, or quality of material modified by the terms of
"minimum," "not less than," "at least," and similar expressions are mini-
mum standards. The manufacturer or installer may exceed these stan-
dards provided such deviation does not result in any inferior installation
or defeat the purpose and intent of this standard.
(b) Construction. All construction methods shall be in conformance
with accepted engineering practices to insure durable, livable, and safe
housing and shall demonstrate acceptable workmanship reflecting jour-
neyman quality of work of the various trades.
(c) Structural analysis. The strength and rigidity of the component
parts and/or the integrated structure shall be determined by engineering
analysis or by suitable load tests to simulate the actual loads and condi-
tions of application that occur. (See Subparts E and J)
(d) Hurricane resistive design. Only mobile homes which meet the
apphcable requirements of 280.305(c)(2) may be designated "Desig-
nated for Hurricane Zone." No similar designation which would imply
hurricane resistance shall be used when the mobile home does not meet
these requirements.
(e) New materials and methods.
( 1 ) Any new material or method of construction not provided for in this
standard and any material or method of questioned suitability proposed
for use in the manufacture of the structure shall nevertheless conform in
performance to the requirements of this standard.
(2) Unless based on the accepted engineering design for the use indi-
cated, all new mobile home materials, equipment, systems or methods of
construction not provided for in this standard shall be subjected to the
tests specified in paragraph (g) of this section.
(f) Allowable design stress. The design stresses of all materials shall
conform to accepted engineering practice. The use of materials not iden-
tified as to strength or stress grade shall be limited to the minimum allow-
able stresses under accepted engineering practice.
(g) Alternate test procedures. In the absence of listed and prescribed
standards, the manufacturer shall develop or cause to be developed nec-
essary tests to demonstrate the stnictural properties and the significant
characteristics of the method employed. Such tests shall be witnessed by
independent licensed professional engineer or architect or by a recog-
nized testing organization. Copies of the test results shall be kept on file
by the mobile home manufacturer.
280.304. Materials.
(a) Dimension and board lumber shall not exceed 1 9 percent moisture
content at time of installation.
(b) (1) Standards for some of the generally used materials and methods
of construction are listed in the following table.
(2) Materials and methods of construction utilized in the design and
construction of mobile homes which are covered by the standards in the
following table, or any applicable portion thereof shall comply with these
requirements.
(3) Engineering analysis and testing methods contained in these refer-
ences shall be utilized to judge conformance with accepted engineering
practices required in 280.303(c).
(4) Materials and methods of installation conforming to these stan-
dards shall be considered acceptable when installed in conformance with
the requirements of this Part. •
(5) Materials meeting the standards (or the applicable portion thereof)
are considered acceptable unless otherwise specified herein or unless
substantial doubt exists as to conformance.
Aluminum: Aluminum Construction Manual, specifications
for aluminum structures AA-1971
Steel:
Specification for the design, fabrication, and erection of
structured steel for buildings with supplements 1, 2 and 3
(junior beams meeting ASTM A36 are acceptable if
designed to meet the loadings and performance
requirements of this standard) AISC-1973
Specification for the design of cold-formed steel structural
members with supplement 1 AISI-1968
Specification for the design of light-gage cold-formed
stainless steel structural members AISI-1972
Standard specifications for open web steel joints, J- and
H- Series AISC and SJI
Criteria for structural applications of steel cables for
buildings AISI-1973
Wood and wood products:
Hardboard PS 58, 59, &
60-1973
Hardwood and decorative plywood USDC PS 51-71
Structural design guide for hardwood plywood HPMA-SG-71
Timber, structural glued laminated-inspection AITC-200-1973
Timber, structural glued laminated USDS PS 56-73
Construction and industrial plywood PS 1-74
Plywood residential construction guide APA-1975
Design specifications for plywood-lumber components . . APA-1974
Fabrication specifications of plywood-lumber components APA-1975
Stress grade lumber and its fastenings — national design
specifications for (and supplement) (N) FPA-1973
Structural design data — wood (N) FPA-1970
Span tables for joists and rafters (PS 20-70) (N) FPA-1973
Working stresses for joists and rafters (N) FPA-1974
Timber construction standards AITC-100-1972
Design specifications for light metal plate connected
wood trusses TPI-74
Span tables for light metal plate connected wooden trusses TPI-1972
Particleboard for mobile home decking NPA 1-73
Mat-formed wood particleboard CS 236-66
All plywood beams for mobile homes APA 124-74
Wood flush doors (interior, exterior) NWMA I.S.
1-74
Wood window units ANSI
A200.1-74
(NWMA I.S
2-73)
Water repellent preservative treating for mill work NWMA I.S. 4-70
Wood patio doors NWMA l.S.3-70
Other: Gypsum wallboard ASTM C36
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Fasteners:
Nails, brads, staples and spikes, wii-e, cut & wrought .... 5F.S. FF-N-1 5b
Pneumatic and mechanically driven building construction
fasteners I-SAN
TA-19-73Win-
dows and glazing; Transparent safety glazing material
used in buildings ANSI
A58.1-197
Unclassified: Building code requirements for minimum
design loads in buildines and other structures ANSI
A58.1-197
(c) Wood products shall be identified as complying with the appropri-
ate standards.
280.305. Structural Design Requirements.
(a) Each mobile home shall be designed and constructed as a com-
pletely integrated structure capable of sustaining the design load require-
ments of this standard and shall be capable of transmitting these loads to
stabilizing devices without exceeding the allowable loads stresses or de-
flections. Roof framing shall be securely fastened to wall framing, walls
to floor structure, and floor structure to chassis to secure and maintain
continuity between the floor and chassis, so as to resist wind overturning
and sliding as imposed by design loads in this Part. Uncompressed fin-
ished flooring greater than 1/8 inch in thickness, shall not extend beneath
load bearing walls which are fastened to the floor structure.
(b) Design Loads.
(1) Design dead loads. Design dead loads shall be the actual dead load
supported by the structural assembly under consideration.
(2) Design live loads. The design live loads and wind and snow loads
shall be as specified in this Section and shall be considered to be uniform-
ly distributed. The roof live load or snow load shall not be considered as
acting simultaneously with the wind load and the roof live or snow load
and floor live loads shall not be considered as resisting the overturning
movement due to wind.
(3) When engineering calculations are performed, allowable unit
stresses may be increased as provided in the documents referenced in
280.304 except as shown otherwise in 280.306(a).
(c) Wind, snow and Roof Loads.
(1) Standard Wind (Zone I). When a mobile home is not designated as
"Hurricane-Resistive," the mobile home and each wind resisting part
and portion thereof shall be designed for horizontal wind loads not less
than 15 psf and a net uplift load of not less than 9 psf.
(2) Hurricane Resistive (Zone II). (i) When a mobile home is desig-
nated as "Hurricane Resistive," the home and each wind resisting part
and portion thereof shall be designed for horizontal wind loads not less
than 25 psf and a net uplift not less than 1 5 psf. (ii) For exposures in coast-
al and other areas where wind records indicate significant differences,
125 mph or greater, from the wind loads stated above, the Department
may establish more stringent requirements for homes known to be des-
tined for such areas.
(3) Roof Loads.
(i) Flat, curved and pitched roofs shall be designed to resist the follow-
ing hve loads, applied downward on the horizontal projection as appro-
priate for the design zone marked on the mobile home:
Pounds per
square foot
North Zone 40
Middle Zone 30
South Zone 20
(ii) For exposures in areas (mountainous or other) where snow or wind
records or experience indicate significant differences from the loads
stated above, the Department may establish more stringent requirements
for homes known to be destined for such areas. For snow load, such re-
quirements are to be based on a roof snow load of 0.6 of the ground snow
load for areas exposed to wind and roof snow load of 0.8 of the ground
snow load for sheltered areas.
(iii) Eaves and cornices shall be designed for a net uplift pressure of
2.5 times the design uplift wind pressure cited in 280.305(c) (1) and (2).
(4) The Data Plate posted in the mobile home (See 280.5) shall show
for each structural zone(s) of the USA the mobile home has been de-
signed and the actual design external snow and/or wind live loads. The
Data plate shall include reproduction of the Load Zone Maps shown in
this Section and related information. The Load Zone Maps shall be not
less than one-half the size illustrated.
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•
WIND ZONE MAP
STANDARD WIND ZONE 1 13 PSF Horizontal 9 PSF Uplift
HURRICANE ZONE II 25 PSF Horizontal 15 PSF Units
RCX)F LOAD ZONE MAP
North 40 PSF (Snow)
: Middle 30 PSF (Snow) =
South 20 PSF (Minimum)
(d) Design Load Deflection. When a structural assembly is sub-
jected to total design live loads, the deflection for structural framing
members shall not exceed the following:
Floor L/240
Roof and ceiling L/180
Headers, beams, and girders (vertical load) L/180
Walls and partitions L/180
Where L equals the clear span between supports or two times the
length of a cantilever.
(e) Fastening of Structural Systems. Roof framing shall be securely
fastened to wall framing, walls to floor structure, and floor structure to
chassis to secure and maintain continuity between the floor and chassis,
so as to resist wind overturning and sliding as imposed by design loads
in this Part.
(f) Walls. The walls shall be of sufficient strength to withstand the load
requirements as defined in 280.305(c) of this part, without exceeding the
deflections as specified in 280.305(d). The connections between the
bearing walls, floor, and roof framework members shall be fabricated in
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such a manner as to provide support for the material used to enclose the
mobile home and to provide for transfer of all lateral and vertical loads
to the floor and chassis.
(1) Except where substantiated by engineering analysis or tests, studs
shall not be notched or drilled in the middle one-third of their length.
(2) Interior walls and partitions shall be constructed with structural ca-
pacity adequate for the intended purpose and shall be capable of resisting
a horizontal load of not less than five pounds per square foot. Finish of
walls and partitions shall be securely fastened to wall framing.
(g) Floors.
(1) Floor assemblies shall be designed in accordance with accepted en-
gineering practice standards to support a minimum uniform live load of
40 lb/ft- plus the dead load of the materials. In addition (but not simulta-
neously), floors shall be able to support a 200-pound concentrated load
on a one-inch diameter disc at the most critical location with a maximum
deflection not to exceed one-eighth inch relative to floor framing. Perim-
eter wood Joists of more than six inches depth shall be stabilized against
overturning from superimposed loads as follows: at ends by soHd block-
ing not less than two-inch thickness by full depth of joist, or by connect-
ing to a continuous header not less than two-inch thickness and not less
than the depth of the joist with connecting devices; at eight-feet maxi-
mum intermediate spacing by solid blocking or by wood cross-bridging
of not less than one inch by three inches, metal cross-bridging of equal
strength, or by other approved methods.
(2) Wood, wood fibre or plywood floors or subfloors in kitchens, bath-
rooms (including toilet compartments), laundry rooms, water heater
compartments, and any other areas subject to excessive moisture shall be
moisture resistant or shall be made moisture resistant by sealing or by an
overlay of nonabsorbent material applied with water-resistant adhesive.
Carpets and/or carpet pads shall not be installed in concealed spaces sub-
ject to excessive moisture such as plumbing fixture spaces.
(3) Except where substantiated by engineering analysis or tests:
(i) Notches on the ends of joists shall not exceed one-fourth the joist
depth.
(ii) Holes bored in joists shall not be within 2 inches of the top or bot-
tom of the joist, and the diameter of any such hole shall not exceed one-
third the depth of the joist.
(iii) Notches in the top or bottom of the joists shall not exceed one-
sixth the depth and shall not be located in the middle third of the span.
(4) Bottom board material (with or without patches) shall meet or ex-
ceed the level of 48 inch-pounds of puncture resistance as tested by the
Beach Puncture Test in accordance with ASTM D-781-68. The material
shall be suitable for patches and the patch life shall be equivalent to the
material life. Patch installation instruction shall be included in the mobile
home manufacturer's instructions.
(b) Roofs.
(1) Roofs shall be of sufficient strength to withstand the load require-
ments as defined in 280.305(b) and (c) without exceeding the deflections
specified in 280.305(d). The connections between roof framework mem-
bers and bearing walls shall be fabricated in such a manner to provide for
the transfer of design vertical and horizontal loads to the bearing walls
and to resist uplift forces.
(2) Roofing membranes shall be of sufficient rigidity to prevent de-
flection which would permit ponding of water or separation of seams due
to wind, snow, ice, erection or transportation forces.
(3) Cutting of roof framework members for passage of electrical,
plumbing or mechanical systems shall not be allowed except where sub-
stantiated by engineering analysis.
(4) All roof penetrations for electrical, plumbing or mechanical sys-
tems shall be properly flashed and sealed. In addition, where a metal roof
membrane is penetrated, a wood backer shall be installed. The backer
plate shall be not less than 5/16 inch plywood, with exterior glues, se-
cured to the roof framing system beneath the metal roof, and shall be of
a size to assure that all screws securing the flashing are held by the backer
plate.
280.306. Windstorm Protection.
(a) Provisions for support and anchoring systems. Each mobile home
shall have provisions for support and anchoring systems, which, when
properly designed and installed, will resist overturning and lateral move-
ment (sliding) of the mobile home as imposed by the respective design
loads. The design wind loads to be utilized for calculating resistance to
overturning and lateral movement shall be the wind loads indicated in
280.305(c) (1) and (2) increased by a factor of safety of 1.5. The basic
allowable stresses of materials required to resist overturning and lateral
movement shall not be increased in the design and proportioning of these
members.
(1 ) The provisions of this section shall be followed and the support and
anchoring systems shall be designed by a Registered Professional Engi-
neer or Architect.
(2) The manufacturer of each mobile home is required to make provi-
sion for the support and anchoring systems but is not required to provide
the anchoring equipment or stabilizing devices. When the manufactur-
er's installation instructions provide for the main frame structure to be
used as the points for connection of diagonal ties, no specific connecting
devices need be provided on the main frame structure.
(b) The manufacturer shall provide printed instructions with each mo-
bile home specifying the location and required capacity of stabiHzing de-
vices on which the design is based. The manufacturer shall provide draw-
ings and specifications certified by a registered professional engineer
indicating at least one acceptable system of anchorage including the de-
tails of required straps or cables, their end connections and all other de-
vices needed to transfer the wind loads from the mobile home to the
ground anchors.
(c) The provisions made for anchoring systems shall be based on the
following design criteria for mobile homes.
(1) The minimum number of ties required per side shall be as required
to resist the design loads stated in 280.305(c)(1) and (2).
(2) Ties shall be as evenly spaced as practicable along the length of the
mobile home with not more than 8 feet open-end spacing on each end.
(3) When continuous straps are provided as vertical ties, such fies shall
be posifioned at rafters and studs. Where a vertical fie and diagonal fie are
located at the same place, both ties may be connected to a single ground
anchor, provided that the anchor used is capable of carrying both load-
ings.
(4) Add-on secfions of the expandable mobile homes shall have provi-
sions for vertical fies at the exposed ends.
(d) Double-wide mobile homes require only diagonal ties. These shall
be placed along the main frame and below the outer side walls.
(e) Protecfion shall be provided at sharp comers where the anchoring
system requires the use of external cables or straps. Protecfion shall also
be provided to minimize damage to roofing or sliding by the cable or
strap.
(f) Anchoring equipment shall be capable of resisting an allowable
working load equal to or exceeding 3,150 pounds and shall be capable
of withstanding a 50 percent overload (4,725 pounds total) without fail-
ure of either the anchoring equipment or the attachment point on the mo-
bile home.
(g) Anchoring equipment exposed to weathering shall have a resis-
tance to weather deterioration at least equivalent to that provided by a
coating of zinc on steel of not less than 0.30 ounces per square foot of sur-
face coated.
(1) Slit or cut edges of zinc-coated steel strapping do not need to be
zinc coated.
(2) Type 1, Finish B, Grade 1 steel strapping, 1 1/4 inches wide and
0.035 inch thick, conforming with Federal Specification QQ-S-781-H,
is judged to conform with the provisions of this section and paragraph (f)
above.
•
Page 148
Register 96, No. 37; 9- 13-96
Title 25
Factory-Built Housing and Mobile Homes
§4070
•
280.307. Resistance to Elements and Use.
(a) Exterior coverings shall be of moisture and weather resistive mate-
rials attached with corrosion resistant fasteners to resist wind, snow and
rain. Metal coverings and exposed metal structural members shall be of
corrosion resistant materials or shall be protected to resist corrosion. All
joints between portions of the exterior covering shall be designed, and
assembled to protect against the infiltration of air and water, except for
any designed ventilation of wall or roof cavity.
(b) Joints between dissimilar materials and joints between exterior
coverings and frames of openings shall be protected with a compatible
sealant suitable to resist infiltration of air or water.
(c) Where adjoining materials or assemblies of materials are of such
naaire that separation can occur due to expansion, contraction, wind
loads or other loads induced by erection or transportation, sealants shall
be of a type that maintains protection against infiltration or penetration
by air, moisture or vermin.
(d) Exterior surfaces shall be sealed to resist the entrance of rodents.
Subpart E. Testing
280.401. Structural Load Tests.
Every structural assembly tested shall be capable of meeting the Proof
Load Test or the ultimate Load Test as follows:
(a) Proof load tests. Every structural assembly tested shall be capable
of sustaining its dead load plus superimposed live loads equal to L75
times the required live loads for a period of 12 hours without failure.
Tests shall be conducted with loads applied and deflections recorded in
1/4 design live load increments at 10-minute intervals until 1.25 times
design live load plus dead load has been reached. Additional load shall
then be apphed continuously until 1.75 times design live load plus dead
load has been reached. Assembly failure shall be considered as design
live load deflection (or residual deflection measured 1 2 hours after live
load removal) which is greater than the limits set in 280.305(d), rupture,
fracture, or excessive yielding. An assembly to be tested shall be of the
minimum quality of materials and workmanship of the production. Each
test assembly, component or subassembly shall be identified as to type
and quality or grade of material. All assemblies, components or subas-
sembhes qualifying under this section shall be subject to continuing qual-
ification testing program acceptable to the Department.
(b) Ultimate load tests. Ultimate load tests shall be performed on a
minimum of three assemblies to generally evaluate the structural design.
Every structural assembly tested shall be capable of sustaining its total
dead load plus Mve loads increased by a factor of safety consistent with
the material being tested. Factors of safety shall be based on nationally
recognized standards and approved by the Department. Tests shall be
conducted with loads applied and deflections recorded in 1/4 design live
load increments at 10-minute intervals until 1.25 times design live load
plus dead load has been reached. Additional loading shall then be applied
continuously until failure occurs or 1.50 times the factor of safety times
the design live load plus the dead load is reached. Assembly failure shall
be considered as design live load deflection greater than the limits set in
280.305(d) rupture, fracture, or excessive yielding. Assemblies to be
tested shall be representative of average quality or materials and work-
manship of the production. Each test assembly, component, or subassem-
bly shall be identified as to type and quality or grade of material. All as-
semblies, components, or subassemblies qualifying under this section
shall be subject to a periodic qualification testing program acceptable to
the Department.
280.402. Test Procedure for Roof Trusses.
(a) Roof load tests. The following is an acceptable test procedure, con-
sistent with the provisions of 280.401 , for roof trusses that are supported
at the ends and support design loads. Where roof trusses act as support
for other members, act as cantilevers, or support concentrated loads, they
shall be tested accordingly.
(b) General. Trusses may be tested in pairs or singly in a suitable test
facility. When tested singly, simulated lateral support of the test assem-
bly may be provided, but in no case shall this lateral support exceed that
which is specified for the completed mobile home. When tested in pairs,
the trusses shall be spaced at the design spacing and shall be mounted on
solid support accurately positioned to give the required clear span dis-
tance (L) as specified in the design. The top and bottom chords shall be
braced and covered with the material, with connections or method of at-
tachment, as specified by the completed mobile home.
(1) As an alternate test procedure, the top chord may be sheathed with
1/4 inch by 12 inch plywood strips. The plywood strips shall be at least
long enough to cover the top chords of the trusses at the designated design
truss spacing. Adjacent plywood strips must be separated by at least 1/8
inch. The plywood strip shall be nailed with 4d nails or equivalent staples
not closer than 8 inches on center along the top chord of one truss only.
The bottom chords of the adjacent trusses may be either: (i) Unbraced,
(ii) laterally braced together (not cross braced) with 1 " x 2" stripping not
closer than 24 inches on center nailed with only one 6d nail at each truss,
or (iii) covered with the material, with connections or methods of attach-
ment, as specified for the completed mobile home.
(2) Truss deflections will be measured relative to a taut wire running
over the support and weighted at the end to insure constant tension or oth-
er approved methods. Deflections will be measured at the two quarter
points at midspan. Loading shall be apphed to the top chord through a
suitable hydraulic, pneumatic, or mechanical system, masonry units, or
weights to simulate design loads. Load units for uniformly distributed
loads shall be separated so that arch action does not occur, and shall be
spaced not greater than 12 inches on center so as to simulate uniform
loading.
(c) Nondestrucfive test procedure.
(1) Dead load plus live load, (i) Nodng figure A, measure and record
initial elevation of the truss in test position at no load, (ii) Apply load units
to the top chord of the truss equal to the full dead load of roof and ceiling.
Measure and record deflections, (iii) Maintaining the dead load, add hve
load in approximately 1/4 design live load increments. Measure the de-
flections after each loading increment. Apply incremental loads at a uni-
form rate such that approximately one-half hour is required to establish
the total design load condition. Measure and record and deflections five
minutes after loads have been applied. The maximum deflection due to
design hve load (deflection measured in step (iii) minus step (ii) shall not
exceed L/180, where L is a clear span measured in the same units, (iv)
Continue to load truss to dead load plus 1.75 times the design live load.
Maintain this loading for 12 hours and inspect truss for failure, (v) Re-
move the total superimposed live load. Trusses not recovering to at least
the L/180 position within 12 hours shall be considered as failing.
(2) Uplift Loads. This test shall only be required for truss designs
which may be crifical under uplift load conditions, (i) Measure and re-
cord initial elevation of the truss in an inverted test position at no load.
Bottom chord of the truss shall be mounted in the horizontal position, (ii)
Apply the uplift load as stated in 280.305(c) to the bottom chord of the
truss. Measure and record the deflections 5 minutes after the load has
been applied, (iii) Continue to load the truss to 1 .75 fimes the design uplift
load. Maintain this load for 3 hours and inspect the truss for failure, (iv)
Remove applied loads and within three hours the truss must recover to
at least L/180 position, where L is a clear span measured in the same
units.
(d) Destructive test procedure.
(1) Destructive tests shall be performed on three trusses to generally
evaluate the truss design.
(2) Nofing figure A-1 , apply the load units to the top chord of the truss
assembly equal to full dead load of roof and ceihng. Measure and record
deflections. Then apply load and record deflections 1/4 design live load
increments at 10-minute intervals until 1.25 times design live load plus
dead load has been reached.
Page 149
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§4070
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) Additional loading shall then be applied continuously until failure
occurs or the factor of safety times the design live load plus the dead load
is reached.
(4) Assembly failure shall be considered as design live load deflection
greater than the limits set in 280.305(d), rupture, fracture, or excessive
yielding.
(5) The assembly shall be capable of sustaining the dead load plus the
applicable factor of safety times the design live load (the applicable fac-
tor of safety for wood trusses shall be taken as 2.50).
(e) Trusses qualifying under the nondestructive test procedure. Tests
280.402(c)(1) and (2) (when required), shall be subject to a continuing
qualification testing program acceptable to the Department. Trusses
qualifying under the destructive test procedures. Tests 280.402(c)(2)
(when required), and (d), shall be subject to periodic tests only.
Bracing and covering
as specified for
coapleted cobilehome
me /\ apart to prt-
iFnrnr-"~ir-
Bricks or ottier unifora
loading unit.s, spaced
ver.i archif.i;
-Table, floor or other
suitable supports
Lab technician holds
steel rule to read
deflections by
measuring distance
between taut wire and
the botioc of the bottoo
chord of truss
V.'eight
Clear Span
FIGURE A-1
TMt Procsdur* for Roof Truss**
280.403. Standard for Windows and Sliding Glass Doors Used in
Mobile Homes.
(a) Scope. This section sets the requirements for prime windows and
sliding glass doors used in mobile homes except for windows used in
entry doors. Windows so mounted are components of the door and thus
are excluded from this standard.
(b) Materials and methods. Any material or method of construction,
whether or not provided for in this standard, and any material or method
of questioned suitability, proposed for use in manufacture, shall never-
theless conform in performance as outlined in paragraph (c) of this Sec-
tion and proof of capability of structural integrity shall be presented. If
applicable, units shall comply with the following:
(1) Wood and wood based products.
(i) Wood. Wood parts including plywood and particleboard parts of
window units shall have a moisture content of 6 to 12 percent at the time
of fabrication. Wood parts, except inside stops and trim shall be manufac-
tured utilizing wet-use adhesive requirements as defined in ASTM
D-3110 and preservative treated in accordance with NWMA IS-4.
(ii) Plywood. Plywood parts except for inside stops and trim shall be
exterior type plywood and preservative treated in accordance with
NWMA IS-4.
(iii) Particleboard. Particleboard parts except for inside stops and trims
shall be type-2 particleboard and preservative treated in accordance with
NWMA IS-4.
(2) Aluminum.
(i) Alloys. Aluminum shall be of a commercial quality and of proper
alloy for window construction, free from defects impairing strength and/
or durability, as follows:
Wrought aluminum alloys shall be those in which the alloying ele-
ments do not exceed the following maximum limits:
Percent
Silicone 7.0
Magnesium
Manganese 6.0
Chromium
Iron 1.0
Copper 4
Zinc 1.0
Other 5
Aluminum Balance
These limits apply to both bare products and to the core clad products.
The cladding of clad products shall be within the same limits except the
maximum zinc limit may be 3.0 percent in order to assure that the clad-
ding is anodic to the core. Where aluminum extrusions are used for the
main frame and sash or ventilator sections, they shall have a minimum
ultimate tensile strength of 22,000 psi and a yield of 16,000 psi.
(ii) Finish. The exposed surface of all aluminum members shall be
clean and free from serious surface blemishes. If exposed welded joints
are used, they shall be dressed and finished.
(3) Glass, (i) Safety glazing materials, where used, shall meet ANSI
Z97.1-1972. Tempered glass, where used, shall also meet FS DD-
G-1403A. (ii) Insulated glass, when used, shall meet or exceed the
Page 150
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Title 25
Factory-Built Housing and Mobile Homes
§4070
requirements of Sealed Insulating Glass Manufacturers Association
(SIGMA) and shall be permanently identified with the name of the insu-
lating glass manufacturer, (iii) Glass tolerances and areas shall meet or
exceed the values shown in the Glass Table below.
Glass Dimensional Tolerances*'' and Maximum
Allowable Areas — Sheet Glass
Normal
Minimum
Maximum
Maximum
thickness
thickness
area^
area'^
(inches)
(inches)
(square ft)
at 15 lb/ft2
(square ft)
at 25 Ib'/jV-
18 oz.
.... 0.078
11
10
SS ...
085
13
11
24 oz.
108
18
14
DS ..
115
20
15
3/16 .
182
40
30
7/32 .
206
58
37
14 ...
236
72
43
^For other types of glass see Federal Specification DD-G-^51c, dated Jan. 15,
1968.
^'Maximum areas shown are based on minimum glass thickness set forth. Maxi-
mum areas shown apply for rectangular lites of annealed glass firmly sup-
ported on all 4 sides in a vertical position.
Tabulated areas may be increased as noted for use of tempered, heat
strengthened or sealed insulating glass and shall be decreased as noted
for use of sandblasted, wire or laminated glass. Glass louvers installed in
jalousies shall be not less than 7/32" thick nor longer than 36" and ex-
posed edges shall be seamed, ground or polished.
Adjustment Factors
Relative Resistance to Wind Loads ^
Glass type:
Regular Plate
Laminated
Wire
Heat strengthened
Fully tempered
Factory fabricated insulating glass^
Rough rolled or patterned surface
Sand blasted annealed glass
Approximate
Relationship
1.0
0.6
0.5
2.0
4.0
1.5
1.0
0.4
'To determine the maximum allowable area for the glass types listed multiply
the allowable area established by the appropriate adjustment factor
■^Use thickness of thinner of the two lights, not thickness of unit
(4) Glazing. Any method of glazing conforming to the Performance
Requirements (paragraph c of this section) and Material and Methods
Requirements (paragraph b of this section) shall be acceptable.
(5) Hardware and Fasteners. All hardware components and fasteners
when considered as individual components, whether commercially
available, or proprietary, must be capable of performing of tlie criteria
stipulated in Performance Requirements, paragraph (c) of this section.
(c) Performance Requirements. Test procedures as outlined in para-
graphs (c)(1) thru (4) of this section are applicable to preproducdon pro-
totype units of prime windows and sliding glass doors. Production line
units shall be equivalent in design and materials to the tested and passed
prototype units and shall also meet the requirements of 280.403(c)(5).
(1) Size of test specimen. Production line units shall have width and
height dimensions equal to or less than the corresponding dimensions of
the prototype unit tested and passed. No inference of compliance to these
requirements is to be made for products exceeding the size of the tested
and passed prototype.
(2) Structural performance test, (i) Zone I. There shall be no glass
breakage, permanent deflection or any other condition which would
cause the specimen to be inoperable after being subjected to an exterior
pressure, 15 pounds per square foot. The test method applicable to this
requirement shall be ASTM E-330. (ii) Zone II. There shall be no glass
breakage, permanent deflection or any other condition which would
cause the specimen to be inoperable after being subjected to exterior
pressure of 25 pounds per square foot. The test method applicable to this
requirement shall be ASTM E-330. (iii) Interior pressure. There shall be
no glass breakage, permanent deflection or any other condition which
would cause the specimen to be inoperable after being subjected to an in-
terior pressure equal to 1/2 the requirements in either paragraphs (c)(2)(i)
or (c)(2)(ii). The test method applicable to this requirement shall be
ASTM E-330 except that no artificial means of containing pressure shall
be allowed. Should pressure not be obtainable due to lack of air the test-
ing agency will report the pressure achieved, the theoretical air flow
supplied to the unit, and certify that no additional flow from the equip-
ment in use was available. Laboratory equipment used for this test must
be capable of developing 10 x air flow determined in 280.403(c)(3).
(3) Air infiltration test. Air infiltration shall not exceed 0.50 CFM per
square foot of window area when tested in accordance with ASTM
E-283 at an exterior pressure differential of 1 .567 pounds per square foot
(0.30" of water pressure).
(4) Water resistance test. No leakage shall pass the interior face of the
test specimen at a test pressure of 2.86 psf (0.55" water pressure) when
tested in accordance with ASTM E-547 with a test period consisting of
four cycles, each cycle consisting of five minutes with pressure released,
during which the water spray will be continuously applied, (i) For the
purpose of compliance with paragraph (c)(4), all units which may have
exterior screens, shall be tested first with screens in place and thereafter
with screens removed, (ii) For the purpose of compliance with paragraph
(c)(4), penetration, as referenced in ASTM E-331-70, paragraph 4.3,
shall not include drops passing the interior face by energy developed in
the bursting of sill drain system bubbles created by a pressure differential
applied to the exterior face of the specimen.
(5) Production Line Units. Production line units of prime windows and
sliding glass doors shall comply with: (i) The structural performance test
to the zone limit certified in paragraph (c)(2) of this section and; (ii) the
air infiltration test in paragraph (c)(3) of this section and; (iii) the water
resistance test in paragraph (c)(4) of this screen except that the test pres-
sure shall be 1.56 psf (0.30" water column) and the water application rate
shall be 2.5 GPH, per square foot of window surface area, all other pa-
rameters being the same as set forth in paragraph (c)(4) of this section.
(d) Test sequence. The sequence of tests shall be performed as they are
listed above except that Structural Performance Test to Zone I (15 PSF)
exterior pressure may be followed by Zone I interior pressure (7.5 PSF),
which may be followed by the Air Infiltration Test, which may be fol-
lowed by the Water Resistance Test, which may be followed by the Struc-
tural Performance Test to Zone II (25 PSF) exterior pressure, which may
be followed by the Zone II interior pressures (12.5 PSF), which may be
followed by the Air Infiltration Test, which may be followed by the Wa-
ter Resistance Test. The Air Infiltradon Test may be performed after the
Water Resistance Test providing all sealed areas are thoroughly dried.
(e) Screens.
(1) Screen, when specified, shall be provided with fastening devices,
suited particularly for application to the specific window for which they
are intended, and be of sufficient strength to perform satisfactorily.
(2) Insect screening shall be of a material compatible with aluminum
and shall meet CS 138-55, "Insect Wire Screening," FS RR-W-365.
"Screening, Wire, Insect," CS 248-64, "Vinyl Coated Glass Fibre Insect
Screening and Louver Cloth," or FS L-S-1 25a "Screening, Non Metallic
Insect."
(f) Assembly. Windows shall be assembled in a secure and workman-
like manner to perform as hereinafter specified and to assure neat and
weather tight construction. A permanent-type water-tight joint shall be
made at the junction of the sill and side frame members.
(g) Shipping. Units may be shipped either as a subassembly unit or a
completely assembled unit but not as a KD or open unit. A KD unit is a
unit that is complete in its entirety with the exception of glass, glazing
material, or screen, which is shipped in disassembled condition and later
assembled and glazed according to the instructions of the manufacturer
and utilizing all of the components supplied or specified by the manufac-
turer.
( 1 ) An open unit is a unit that is complete in its entirety with the excep-
tion of glass, glazing materials, or screen, which is shipped in an as-
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
sembled condition and later glazed according to the instruction of the
manufacturer, utilizing all of the components supplied by the manufac-
turer.
(2) A subassembly unit is a unit that is complete in its entirety includ-
ing the glazing of glass or other glazing panels into their respective fixed
or moving sash frames, which is shipped with such glazed panels sepa-
rate from each other or from any master frame, which master frame may
be either disassembled or assembled. The connection of such master
frame to glazed, fixed, or moving panels is to take place later according
to the instructions of the manufacturer utilizing all of the components
supplied by the manufacturer.
(3) A completely assembled unit is one that is complete in its entirety
and is shipped with all parts and subassemblies in complete connection
with each other and no separate pieces.
(h) Permanent identification.
(1) As identification, each unit shall bear a certification label contain-
ing a code number traceable to the manufacturer through the certifying
agency or the name of the manufacturer or brand name together with the
city and state location of the manufacturer or main office of the manufac-
turer.
(2) The label shall be of a permanent-type designed to discourage easy
removal, shall be legible and shall remain legible under normal operating
conditions for a period of not less than five years from date of product
installation.
(3) Acceptable means of identification are, but are not limited to, the
following: Embossed, stamped, cast or molded characters becoming an
integral part of the material on which they are located; flexible color-fast
and durable labels, decals, stickers, etc., affixed with a permanent-type
adhesive; or rigid metal or plastic name plates affixed mechanically or
with a permanent-type adhesive.
(4) Location of the label shall be such that it is accessible for normal
direct viewing purposes from the interior side of the product, after the
unit is installed, without the necessity of product disassembly. Identifica-
tion located only on the glass or screen shall not be acceptable.
(i) Certification. The manufacturer shall show evidence of continued
compliance by affixing a quality certification label to the product in ac-
cordance with ANSI Z34.1, "American National Standard Practice for
Certification Procedures." In determining certifiability under this sec-
tion, compliance shall consist of preproduction specimen testing in ac-
cordance with each and every requirement of this section followed by an
inplant inspection and production unit testing system consisting of a
minimum of two such inspections per year by an independent quality as-
surance agency.
280.404. Standard for Egress Windows for Use in
Mobile Homes.
(a) Scope and purpose. The purpose of this section is to establish the
requirements for the design, construction, and installation of windows
and approved devices intended to be used as an emergency exit during
conditions encountered in a fire or similar disaster.
(b) Requirements.
(1) Installation. Window manufacturers shall provide the home man-
ufacturer with written installation instructions.
(2) Performance. The egress window including auxiliary frame and
seals, if any, shall meet the requirements of 280.403 "Standard for Win-
dows and Sliding Glass Doors Used in Mobile Homes."
(3) Dimensions, (i) All egress windows shall have a minimum clear
dimension of 22 inches when determined in accordance with Test A para-
graph (d)(1) of this section, (ii) All egress windows shall have a minimum
clear opening of 5 square feet when determined in accordance with Test
B, paragraph (d)(2) of this section.
(4) Operational, (i) Operating instructions shall be applied to each
egress window and carry the legend "Do Not Remove." In addition, the
instructions should include a reminder to remove all shipping clips on
screens, storm windows, and other appurtenances for exiting purposes.
(ii) The number of locks and latches shall not exceed 2, not including the
4 appurtenance attachment mechanisms permitted by paragraph (c)(2)(i)
of this section, (iii) Locks, latches, lifting and sliding operational forces
shall not exceed a force of 20 pounds when tested in accordance with Test
C, paragraph (d)(3) of this section, (iv) Any handle or latch required to
operate the emergency egress provisions of the window shall be attached
in the factory by either a permanent method or a mechanical method
which requires a tool not commonly available in the home, unless remov-
al of the latch or handle will in no way limit the effectiveness of the egress
provision, (v) Any window whose egress provisions are dependent on the
operation of a rotary operation is unacceptable.
Example: Awning windows utilizing a single vent for egress and re-
quiring a rotary operator for activation is unacceptable, whereas an aw-
ning window set in a separate frame whose activation requires only a
180*^ twist of the lock to allow egress is acceptable even though a rotary
operator is present for normal operation.
(c) Appurtenances.
(i ) The addition or inclusion of screens, storm windows, or other ap-
purtenances shall not encroach upon the dimensional requirements set
forth in paragraph (b)(3).
(2) Any mechanism used to attach an appurtenance such as a screen
or storm window to the window shall meet the following requirements
unless the appurtenance meets the requirements of paragraph (c)(3): (i)
The number of mechanisms shall not exceed 4 and; (ii) The operating
force of the mechanisms shall not exceed 5 pounds tested in accordance
with Test D paragraph (d)(4) and; (iii) The mechanisms shall be designed
so that that cannot be misapplied utilizing normal household tools such
as screwdrivers, pliers, and wrenches exceeding the aforementioned
forces; and (iv) The surface to which the operating force is applied shall
have a minimum cross-sectional area of 0.25 square inches.
(3) If an appurtenance such as a screen or storm window is attached
to the window in such a manner that it need not be removed or disengaged
in any way in order to effect a fully opened exit, the requirements of para-
graph (c)(2) need not be met.
(4) The operating instructions detailed in paragraph (b)(4)(i) shall in-
clude instructions on the required removal and replacement of any screen
and/or storm sash appurtenance.
(d) Test methods.
(1) Test Method A-Minimum Dimensions. The minimum dimen-
sion of 22 in. required by paragraph (b)(3)(i) shall be tested as follows:
When the window is in the final position for egress, a 22 in. dowel shall
be passed through the opening at the point of its least dimension while
contacting only one point of the window frame, at either the horizontal
or vertical orientation of the dowel.
Example: In a horizontally opening window (sliding or rolling), the
minimum dimension requirement may be met as follows: When the win-
dow is in the final position for egress, place one end of the dowel perpen-
dicularly against the portion of the main frame side (bottom) projecting
furthest towards the center of the opening, and pass the dowel through the
opening in a horizontal (vertical) plane without touching any portion of
the device except the main frame side (bottom) on which it pivoted.
(ii) Example: Any type of window may be mounted in a side, bottom,
or top hinged or pop-out egress frame which in the fully opened position
meets the minimum dimension and area requirements.
(2) Test Method B — Minimum Area. The minimum area requirement
of 5 square feet contained in paragraph (b)(3)(ii) shall be determined by
multiplying the minimum dimension (which may exceed 22 in.) by the
clear dimension measured perpendicularly to the minimum dimension
and in the plane of the window main frame.
(i) Example: In a vertically operating window whose minimum di-
mension is from the main frame bottom to that portion of the operating
vent projecting furthest toward the horizontal center line of the egress
opening when in the fully opened position, the minimum area shall be de-
termined by multiplying the minimum dimension by the inside side-to-
side dimension.
Page 152
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Factory-Built Housing and Mobile Homes
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(3) Test Method C — Operating Forces, (i) For horizontal or vertical
moving windows, a force gage shall be attached to the manual pull bar
at its centerpoint. After opening the latch or lock, a force not to exceed
20 pounds shall be exerted in a direct pull parallel to the window in order
to obtain movement in the opening direction. The window shall be in the
closed and latched position prior to the test and shall have been subjected
to 5 opening and closing cycles prior to the test, (ii) Locks and latches
shall be tested as noted in section (d)(3)(i) except that the force gage shall
be located in the center of the latch or lock handle.
(4) Test Method D — Mechanical Device Operating Force (Appur-
tances). (i) A force gage of sufficient capacity using a point contact and
having the ability to retain the maximum reading (Chatillion DPP-50 or
similar) shall be used. The force gage point shall be applied to the mecha-
nism at the center of the normal force appHcation area and sufficient force
applied to disengage the appurtenance. The maximum reading shall be
retained by the force gage and may be read directly.
(e) Test Report.
(1) The test report shall include all requirements of this standard listed
in their order shown in this standard. Where certain provisions of the
standard do not apply, the notation "N.A." (Not applicable) shall so de-
note these items. Where certain appurtenances are not supplied; such as
storm windows or screen, the notation "N.S." (Not supplied) shall so de-
note those items.
(2) The test report shall be complete with manufacturers assembly
drawing, extrusion drawings, parts list, weatherstrip description, glazing
method, description including backbedding and glazing method, instal-
lation and operation instructions. Where the unit tested is not in its actual
installation, a clause stating the following shall be included in the test re-
port: "This unit tested as submitted. Actual installation must be in accor-
dance with the instructions included with this report or this report is not
valid."
(3) The test report on all units submitted for test not having appurte-
nances listed in paragraph (c) shall include a statement as follows: "This
unit tested without storm windows (or screen). The installation of these
items with this product invalidates this test report."
(4) For any test on component parts, such as balances, friction posi-
tioners, etc., certification by an independent testing agency shall be ac-
ceptable for evidence of compliance. If such certification is used, the test
report shall so state, and give the name of the agency.
(5) Test reports used to demonstrate compliance with this standard to
any governmental body shall be made available to the public upon re-
quest.
280.405. Standard for Swinging Exterior Passage Doors for Use
in Mobile Homes.
(a) Introduction. This standard applies to all exterior passage door
units, excluding sliding doors and doors used for access to utilities and
compartments. This standard applies only to the door frame consisting
of jambs, head and sill and the attached door or doors.
(b) Purpose. It is the purpose of this standard to establish the require-
ments for exterior passage door units irrespective of the type of material
used in the manufacture of these products.
(c) General requirements and materials of construction.
( 1 ) The design and construction of the exterior passage door units shall
conform with the provisions of this standard. Requirements for any size,
weight, or quality of material modified by the terms of "minimum," "not
less than," "at least," and similar expressions are minimum standards.
The manufacturer may exceed these standards provided such deviation
does not result in an inferior product or defeat the purpose and intent of
this standard. Units may be shipped as a completely assembled unit, but
not as KD or open unit. A KD unit is a unit that is complete in its entirety,
which is shipped in a disassembled condition and later assembled and
that is complete in its entirety with the exception of a window insert,
which is shipped in an assembled condition and later glazed according
to the instructions of the manufacturer. A completely assembled unit is
one that is complete in its entirety and is shipped with all parts and subas-
semblies in complete connection with each other and no separate pieces,
except for: Lock-knobs only and keys, door chain and attachments,
storm door latch, chain and attachments, threshold extension, screw cov-
er, drip can.
(2) Workmanship. All construction methods, materials and workman-
ship shall be in conformance with accepted engineering practices to in-
sure durable, livable, and safe housing.
(d) Materials and methods. Any material or method of construction,
whether or not provided for in this standard, an any material or method
of questioned suitability, proposed for use in manufacture, shall never-
theless conform in performance as outlined in paragraph (e) of this stan-
dard and proof of capability of structural integrity shall be presented. If
applicable, units shall comply with the following:
(1) Wood and wood based products, (i) Wood. Wood door frame parts
shall be manufactured of suitable lumber having a moisture content of 6
to 12 percent at time of fabrication. Wood parts except interior trim shall
be manufactured utilizing wet-use adhesive requirements as defined in
ASTM D-3110 and Preservative Treated in accordance with NWMA
I.S.-4 standard. Doors shall conform to the Type 1 requirements of
NWMA I.S. 1-74. (ii) Plywood. Plywood shall be exterior type and pre-
servative treated in accordance with NWMA I.S.^. (iii) Hardboard parts
shall meet or exceed the requirements for 1/8 inch tempered hardboard
in accordance with the latest edition of PS 58.
(2) Hardware and fasteners. All hardware components and fasteners
when considered as individual components, whether commercially
available, or proprietary, must be capable of performing to the criteria
stipulated in this section and in the Performance Requirements Section,
Paragraph (e) of these specifications.
(3) Glass. All glazing in doors shall be safety glazing material meeting
ANIS Z97.1-72. Glass in jalousies shall also be at least 7/32 in. in thick-
ness and not longer than 36 inches. Exposed edges shall be seamed,
ground or polished to prevent injury.
(4) Weatherstripping. A tight threshold and weatherstripping to re-
duce air infiltration and improve water resistance shall be provided capa-
ble of conforming to the criteria stipulated in the Performance Require-
ments Section, Paragraph (e) of this standard.
(e) Performance requirements.
(1) Size of test specimen. All tests shall be performed on exterior pas-
sage door units with all operable portions closed and all criteria herein are
applicable to exterior passage doors of the largest type that the producer
desires to qualify under this specification. No inference of compliance to
these requirements is to be made for products exceeding the size of the
test specimen submitted. Largest unit size is determined by the maximum
width and height dimensions of production units that are equal to or less
than corresponding dimensions in that unit tested and passed.
(2) Structural performance test.
(i) Wind pressure resistivity. There shall be no glass breakage or per-
manent deflection or any other condition which would cause the speci-
men to the inoperable after being subjected to exterior pressures of 25
pounds per square foot. The test method applicable to this requirement
shall be ASTM E-330.
(ii) Interior pressure. There shall be no glass breakage or permanent
deflection or any other condition which would cause the specimen to be
inoperable after being subjected to an interior pressure equal to 1/2 the
requirements in paragraph (e)(2)(i). The test method applicable to this re-
quirement shall be ASTM E-330 except that no artificial means of con-
taining pressure shall be allowed. Should pressure not be obtainable due
to lack of air, the testing agency will report the pressure achieved, the
theoretical air flow supplied to the unit, and certify that no additional flow
from the equipment in use was available. Laboratory equipment used for
this test must be capable of developing 10 x air flow determined in para-
graph (e)(2)(iii) of this specification.
(iii) Air infiltration test. Air infiltration shall not exceed the limits set
forth below when tested in accordance with ASTM E-283 at an exterior
pressure differential of 1.56 pounds per square foot (0.300" water pres-
sure).
Page 153
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
1.35 CFM per sq. ft. of door Jan. 1, 1975
1 .2 CFM per sq. ft. of door Jan. 1, 1976
1.0 CFM per sq. ft. of door Jan. 1, 1977
(iv) Water resistance test. No water shall pass the interior face of the
test specimen at a test pressure of 10 psf when tested in accordance with
ASTME-331.
(v) The sequence of tests shall be performed as they are listed above.
The Air Infiltration Test may be performed after the Water Resistance
Test providing all sealed areas are thoroughly dried.
Subpart F. Thermal Protection
280.501. Scope.
This subpart sets forth the requirements for condensation control, air
infiltration, thermal insulation and certification for heating and comfort
cooUng.
280.502. Definitions.
(a) The following definitions are applicable to Subpart F only:
(1) "Pressure Envelope" means that primary air barrier surrounding
the living space which serves to limit air leakage. In construction using
ventilated cavities, the pressure envelope is the interior skin.
(2) "Thermal Envelope Area" means the sum of the surface areas of
outside walls, ceiling and floor, including all openings. The wall area is
measured by multiplying outside wall lengths by the inside wall height
from floor to ceiling. The floor and ceiling areas are considered as hori-
zontal surfaces using exterior width and length.
280.503. Materials.
Materials used for insulation shall be of proven effectiveness and ade-
quate durability to assure that required design conditions concerning
thermal transmission are attained.
280.504. Condensation Control (Vapor Barriers).
(a) Ceihngs. Ceilings shall have a vapor barrier having a permeance
not greater than 1 perm (dry cup method) installed on the living space
side of the roof cavity.
(b) Exterior walls.
(1) Exterior walls shall have a vapor barrier not greater than 1 perm
(dry cup method) installed on the living space side of the wall, or
(2) Unventilated wall cavities shall have an external covering and/or
sheathing which forms the pressure envelope. The covering and/or
sheathing shall have a combined permeance of not less than 5.0 perms.
In the absence of test data, combined permeance may be computed using
the formula:
Pxctal =
J I
Pi P2
where Pi and P2 are the permeance values of the exterior covering and
sheathing in perms.
Formed exterior siding applied in sections with joints not caulked or
sealed shall not be considered to restrict water vapor transmission, or
(3) Wall cavities shall be constructed so that ventilation is provided to
dissipate any condensation occurring in these cavities.
280.505. Air Infiltration.
(a) Envelope air infiltration. The opaque envelope shall be designed
and constructed to limit air infiltration to the living area of the home. Any
design, material, method or combination thereof which accomplishes
this goal may be used. The goal of the infiltration control criteria is to re-
duce heat loss/heat gain due to infiltration as much as possible without
impinging on health and comfort and within the limits of reasonable eco-
nomics.
(1) Envelope penetrations. Plumbing, mechanical and electrical pene-
trations of the pressure envelope not exempted by this part, and installa-
tions of window and door frames shall be constructed or treated to limit
air infiltration. Penetrations of the pressure envelope made by electrical
equipment, other than distribution panel boards and cable and conduit
penetrations, are exempt from this requirement. Cable penetrations
through outlet boxes are considered exempt.
(2) Joints between major envelope elements. Joints not designed to
limit air infiltration between wall-to-wall, wall-to-ceiling and wall-to-
floor connections shall be caulked or otherwise sealed. When walls are
constructed to form a pressure envelope on the outside of the wall cavity,
they are deemed to meet this requirement.
280.506. Heat Loss.
The mobile home heat loss/heat gain shall be determined by methods
outlined in 280.508 and 280.509. The outdoor winter design temperature
zone for which the mobile home is acceptable and the lowest outdoor
temperature to which the installed heating equipment will maintain a
temperature of 70° F shall be certified as specified in 280.5 10 of this sub-
part.
(a) Transmission Heat Loss Coefficient. The overall coefficient of
heat transmission of the mobile home for the responsive zones and an in-
door design temperature of 70° F, including internal and external ducts,
and excluding infiltration ventilation and condensation control, shall not
exceed the B.T.U./ (hr.) (sq. ft.) (F) of the mobile home envelope area as
tabulated below
Zone
I
II
III
Maximum transmission
coefficient
.157Btu/(hr.)(sq. ft.)(F)
.126Btu/(hr.)(sq. ft.)(F)
.104Btu/(hr.)(sq. ft.)(F)
(b) To assure uniform heat transmission in mobile homes, cavities in
exterior walls, floors, and ceilings shall be provided with thermal insula-
tion.
(c) Mobile homes designed for Zones II and III shall be factory
equipped with storm windows or insulating glass.
280.507. Comfort Heat Gain.
Information necessary to calculate the home cooling load shall be pro-
vided as specified in this Part.
(a) Transmission heat gains. Homes complying with this section shall
meet the minimum heat loss transmission coefficients specified in
280.506(a).
280.508. Heat Loss, Heat Gain and Cooling Load Calculations.
Information, values and data necessary for heat loss and heat gain de-
terminations shall be taken from the 1972 ASHRAE Handbook of Fun-
damentals.
Infiltration and Ventilation — Chapter 19.
Determining "R" & "U" Value — Chapter 20.
Heating Load — Chapter 21 .
Cooling Load Calculations — Chapter 22.
Outdoor Winter Design Temperatures (Use
97-1/2 percent values) — Chapter 33.
Outdoor Summer Design Temperatures (Use
2-1/2 percent values) — Chapter 33.
Page 154
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Title 25
Factory-Built Housing and Mobile Homes
§4070
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280.509. Criteria in Absence of Specific Data.
In the absence of specific data, for purposes of heat-loss/gain calcula-
tion, the following criteria shall be used:
(a) Infiltration Heat Loss. In the absence of measured infiltration heat
loss data, the following formula shall be used to calculate heat loss due
to infiltration and intermittently operated fans exhausting to the out-
doors. The perimeter calculation shall be based on the dimensions of the
pressure envelope.
Infiltration Heat-Loss = 0.7 (T) (ft. of perimeter), BTU/hr. where:
T-70 minus the heating system capacity certificadon temperature stipu-
lated in the Heating Certificate, in F.
(b) Framing areas.
Wall 15 percent of wall area less
windows and doors.
Floor and Ceiling 10 percent of the area.
(c) Insulation compression. Insulation compressed to less than nomi-
nal thickness hall have its nominal R-values reduced for that area which
is compressed in accordance with the following graph:
80
60
40
20
0 I 2 3 4 S 6 7 8 9 10 II 12 13 14 15 16 17 IS 19 20
Thermal Resistance
When insulation is installed over the framing members the thermal
performance of the insulation is reduced due to compression to the fram-
ing members. The Resistance value of the insulation between the framing
members is reduced by 12.5 percent for framing members 16" O.C, 8.5
percent for framing members 24" O.C, and 4 percent for framing mem-
bers 16" O.C, 8.5 percent for framing members 24" O.C, and 4 percent
for framing members 48" O.C.
(d) Air supply ducts within floor cavity. Air supply ducts located with-
in a floor cavity shall be assumed to be heating or cooling the floor cavity
to living space temperatures unless the duct is structurally isolated by the
framing system or thermally insulated from the rest of the floor cavity
with a thermal insulation at least equal to R-4.
(e) Air supply ducts within ceiling cavity. Where supply ducts are lo-
cated in ceiling cavities, the influence of the duct on cavity temperatures
shall be considered in calculating envelope heat loss or heat gain.
(0 The supply duct loss (and/or heat gain where applicable — See
280.5 1 1 ) shall be calculated using the actual duct surface area and the ac-
tual thickness of insulation between the duct and outside of the mobile
home. If there is an air space of at least 1/2 inch between the duct and the
insulation, heat loss/gain need not be calculated if the cavity in which the
duct is located is assumed to be at living space temperature. The average
temperature inside the supply duct, including ducts installed outside the
mobile home, shall be assumed to be 1 30° F for purposes of calculation
of heat loss and 60° F for heat gain.
(g) Return air cavities. Cavities used as return air plenums shall be con-
sidered to be at living space temperature.
280.510. Heat Loss Certificate.
The mobile home manufacturer shall permanently affix the following
"Certificate" to an interior surface of the home that is readily visible to
the homeowner. The "Certificate" shall specify the following:
(a) Heating zone certification. The design at which the mobile home
heat loss complies with 280.506(a).
(b) Outdoor certification temperature. The lowest outdoor tempera-
ture at which the installed heating equipment will maintain a 70° F tem-
perature inside the home without storm sash or insulating glass for Zone
1 and with storm sash or insulating glass or Zones II and III and comply-
ing with 280.508 and 280.509.
HEATING CERTIFICATE
Home Manufacturer
Plant Location
Home Model
(Include Winter Climate Zone Map)
This mobile home has been thermally insulated to conform with the
requirements of the Federal Mobile Home Construction and Safety Stan-
dards for all locations with climatic Zone .
Heating Equipment Manufacturer
Heating Equipment Model
The above heating equipment has the capacity to maintain an average
70° F temperature in this home at outdoor temperatures of F.
To maximize furnace operating economy, and to conserve energy, it
is recommended that this home be installed where the outdoor winter de-
sign temperature (97-1/2%) is not higher than degrees Fahrenheit.^
The above information has been calculated assuming a maximum
wind velocity of 15 MPH at standard atmospheric pressure.
'The temperature to be specified shall be 20° F or 30% of the design tempera-
ture difference, whichever is greater, added to the temperature specified as the
heating system capacity certification temperature without storm windows or
insulating glass for Zone 1 and with storm windows or insulating glass for
Zones II and III. Design temperature difference is 70 minus the heating system
capacity certification temperature in degrees Fahrenheit.
280.511. Comfort Cooling Certificate and Information.
(a) The mobile home manufacturer shall permanently affix a "Comfort
Cooling Certificate" to an interior surface of the home that is readily vis-
ible to the home owner. This certificate may be combined with the heat-
ing certificate required in 280.510. The manufacturer shall comply with
one of the following three alternatives in providing the certificate and ad-
ditional information concerning the cooling of the mobile home:
(1) Alternative 1. If a central air conditioning system is provided by
the home manufacturer, the heat gain calculation necessary to properly
size the air conditioning equipment shall be in accordance with proce-
dures outlined in Chapter 22 of the ASHRAE Handbook of Fundamen-
tals, with an assumed location and orientation. The following informa-
tion shall be supplied on the Comfort Cooling Certificate:
Air Conditioner Manufacturer
Air Conditioner Model
Certified Capacity BTU/Hr. in accordance with the appropriate Air Condi-
tioning and Refrigeration Institute Standards.
The central air conditioning system provided with this home has been
sized, assuming an orientation of the front (hitch) end of the home facing
and is designed on the basis of a 75° F indoor temperature and an
outdoor temperature of F dry bulb and F wet bulb.
EXAMPLE ALTERNATE 1
COMFORT COOLING CERTIFICATE
Mobile Home Mfg
Plant Location
Mobile Home Model
Air Conditioner Manufacturer
Air Conditioner Model
Certified Capacity — B.T.U./Hr. in accordance with the appropriate
Air Conditioning and Refrigeration Institution Standards.
The central air conditioning system provided with this home has been
sized assuming an orientation of the front (hitch end) of the home facing
. On this basis the system is designed to maintain an indoor tempera-
ture of 75° F when outdoor temperatures are F dry bulb and F
wet bulb.
The temperature to which this home can be cooled will change depend-
ing upon the amount of exposure of the windows of this home to the sun's
Page 155
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§4070
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
radiant heat. Therefore, the home's heat gains will vary dependent upon
its orientation to the sun and any permanent shading provided. Informa-
tion concerning the calculation of cooling loads at various locations, win-
dow exposures and shadings are provided in Chapter 22 of the 1972 edi-
tion of the ASHRAE Handbook of Fundamentals.
Information necessary to calculate cooling loads at various locations
and orientations is provided in the special comfort cooling information
provided with this mobile home.
(2) Alternative 2. For each home suitable for a central air cooling sys-
tem, the manufacturer shall provide the following statement: "This air
distribution system of this home is suitable for the installation of a central
air conditioning system."
EXAMPLE ALTERNATE 2
COMFORT COOLING CERTIFICATE
Mobile Home Manufacturer
Plant Location
Mobile Home Model
This air distribution system of this home is suitable for the installation
of central air conditioning.
The supply air distribution system installed in this home is sized for
Mobile Home Central Air Conditioning System of up to B.T.U./Hr.
rated capacity which are certified in accordance with the appropriate Air
Conditioning and Refrigeration Institute Standards. When the air circula-
tors of such air conditioners are rated at 0.3 inch water column static pres-
sure or greater for the cooling air delivered to the mobile home supply air
duct system.
Information necessary to calculate cooling loads at various locations
and orientations is provided in the special comfort coohng information
provided with this mobile home.
(3) Alternative 3. If the mobile home is not equipped with an air supply
duct system, or if the manufacturer elects not to designate the home as
being suitable for the installation of a central air conditioning system, the
manufacturer shall provide the following statement: "This air distribu-
tion system of this home has not been designed in anticipation of its use
with a central air conditioning system."
EXAMPLE ALTERNATE 3
COMFORT COOLING CERTIHCATE
Mobile Home Mfg
Plant Location
Mobile Home Model
The air distribution system of this home has not been designed in an-
ticipation of its use with a central air conditioning system.
(b) For each home designated as suitable for central air conditioning
the manufacturer shall provide the maximum central mobile home air
conditioning capacity certified in accordance with the appropriate A.R.I.
standards and in accordance with 280.715(a)(3). If the capacity informa-
tion provided its based on entrances to the air supply duct at other than
the furnace plenum, the manufacturer shall indicate the correct supply air
entrance and return air exit locations.
(c) Comfort cooling information. For each mobile home designated ei-
ther "suitable for" or "provided with" a central air conditioning system
the manufacturer shall provide comfort cooling information specific to
the mobile home necessary to complete the cooling load calculations.
The comfort cooling information shall include a statement to read as fol-
lows:
To determine the required capacity of equipment to cool a home effi-
ciently and economically, a cooling load (heat gain) calculation is re-
quired. The cooling load is dependent on the orientation, location and the
structure of the home. Central air conditioners operate most efficiently
and provide the greatest comfort when their capacity closely approxi-
mates the calculated cooling load. Each home's air conditioner should be
sized in accordance with Chapter 22 of the American Society of Heating,
Refrigerating and Air Conditioning Engineers (ASHRAE) Handbooks
of Fundamentals, once the location and orientation are known.
INFORMATION PROVIDED BY THE MANUFACTURER
NECESSARY TO CALCULATE SENSIBLE HEAT GAIN
Walls (without windows and doors) .... "U"
Ceilings and roofs of light color "U"
Ceilings and roofs of dark color "U"
Floors "U"
Air ducts in floor "U"
Air ducts in ceiling "U"
Air ducts installed outside the home .... "U"
Information necessary to calculate duct area.
Subpart G — Plumbing Systems
280.601. Scope.
Subpart G of this Standard covers the plumbing materials, fixtures,
and equipment installed within or on mobile homes. It is the intent of this
subpart to assure water supply, drain, waste and vent systems which per-
mit satisfactory functioning and provide for health and safety under all
conditions of normal use.
280.602. Definitions.
(a) The following definitions are applicable to Subpart G only:
(1) "Accessible," when applied to a fixture, connection, appliance or
equipment, means having access hereto, but which may require removal
of an access panel or opening of a door.
(2) "Air Gap (Water Distribution System)" means the unobstructed
vertical distance through the free atmosphere between the lowest open-
ing from any pipe or faucet supplying water to a tank, plumbing fixture,
water suppUed appliances, or other device and the flood level rim of the
receptacle.
(3) "Anti-Siphon Trap Vent Device" means a device which automati-
cally opens to admit air to a fixture drain above the connection of the trap
arm so as to prevent siphonage, and closes tightly when the pressure with-
in the drainage system is equal to or greater than atmospheric pressure
so as to prevent the escape of gases from the drainage system into the mo-
bile home.
(4) "Backflow" means the flow of water or other liquids, mixtures, or
substances into the distributing pipes of a potable supply of water from
any source or sources other than its intended sources.
(5) "Backflow Connection" means any arrangement whereby back-
flow can occur.
(6) "Backflow Preventer" means a device or means to prevent back-
flow.
(7) "Branch" means any part of the piping system other than a riser,
main or stack.
(8) "Common Vent" means a vent connecting at the junction of fixture
drains and serving as a vent for more than one fixture.
(9) "Continuous Vent" means a vertical vent that is a continuation of
the drain to which it connects.
(10) "Continuous Waste" means a drain from two or more fixtures
connected to a single trap.
(11) "Critical Level" means a point established by the testing laborato-
ry (usually stamped on the device by the manufacturer) which determines
the minimum elevation above the flood level rim of the fixture or recep-
tacle served on which the device may be installed. When a backflow pre-
vention device does not bear a critical level marking, the bottom of the
vacuum breaker, combination valve, or of any such approved or listed de-
vice shall constitute the critical level.
(12) "Cross Connection" means any physical connection or arrange-
ment between two otherwise separate systems or sources, one of which
contains potable water and the other either water, steam, gas or chemical
of unknown or questionable safety whereby there may be a flow from one
system or source to the other, the direction of flow depending on the pres-
sure differential between the two systems.
(13) "Developed Length" means that length of pipe measured along
the center line of the pipe and fittings.
(14) "Diameter," unless otherwise specifically stated, means the nom-
inal (inside) diameter designated commercially.
Page 156
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Factory-Built Housing and Mobile Homes
§4070
(15) "Drain" means a pipe that carries waste, water, or water-borne
waste in a drainage system.
(16) "Drain Connector" means the removable extension, consisting of
all pipes, fittings and appurtenances, from the drain outlet to the drain in-
let serving the mobile home.
(17) "Drain Outlet" means the lowest end of the main or secondary
drain to which a sewer connection is made.
(18) "Drainage System" means all piping within or attached to the
structure that conveys sewage or other liquid waste to the drain outlet, not
including the drain connector.
(19) "Fixture Drain" means the drain from the trap of a fixture to the
junction of that drain with any other drain pipe.
(20) "Fixture Supply" means the water supply pipe connecting a fix-
ture to a branch water supply pipe or directly to a main water supply pipe.
(21 ) "Flood-Level" means the level in the receptacle over which water
would overflow to the outside of the receptacle.
(22) "Flooded" means the condition which results when the liquid in
a container or receptacle rises to the flood-level.
(23) "Flush Tank" means that portion of a toilet that is designed to con-
tain sufficient water to adequately flush the fixture.
(24) "Flush Valve" means a device located at the bottom of a flush tank
for flushing a toilet.
(25) "Flushometer Valve" means a device which discharges a prede-
termined quantity of water to a fixture for flushing purposes and is closed
by direct water pressure.
(26) "Grade" means the fall (slope) of a pipe in reference to a horizon-
tal plane expressed in inches per foot length.
(27) "Horizontal Branch" means any pipe extending laterally, which
receives the discharge from one or more fixture drains and connects to
the main drain.
(28) "Horizontal Pipe" means any pipe or fitting which makes an angle
of not more than 45 degrees with the horizontal.
(29) "Individual Vent" means a pipe installed to vent a fixture drain.
(30) "Inlet Coupling" means the terminal end of the water system to
which the water service connection is attached. It may be a swivel-fitting
or threaded pipe end.
(31) "Main" means the principal artery of the system to which
branches may be connected.
(32) "Main Drain" means the lowest pipe of a drainage system which
receives sewage from all the fixtures within a mobile home and conducts
these wastes to the drain outlet.
(33) "Main Vent" means the principal artery of the venting system to
which vent branches may be connected.
(34) "Offset" means a combination of a pipe and/or fittings that brings
one section of the pipe out of line but into a line parallel with the other
section.
(35) "Pitch." See grade.
(36) "Plumbing Fixtures" means receptacles, devices, or appliances
which are supplied with water or which receive liquid borne wastes for
discharge into the drainage system.
(37) "Plumbing System" means the water supply and distribution
pipes; plumbing fixtures, faucets and traps; soil, waste and vent pipes;
and water-treating or water-using equipment.
(38) "Primary Vent." See Main Vent.
(39) "Relief Vent" means an auxiliary vent which permits additional
circulation of air in or between drainage and vent systems.
(40) "Secondary Vent" means any vent other than the main vent or
those serving each toilet.
(41) "Sewage" means any liquid waste containing animal or vegetable
matter in suspension or solution, and may include Hquids containing
chemicals in solution.
(42) "Siphonage" means the loss of water seal from fixture traps re-
sulting from partial vacuum in the drainage system which may be of ei-
ther of the following two types, or a combination of the two:
(a) Self-siphonage resulting from vacuum in a fixture drain generated
solely by the discharge of the fixture served by the drain, or,
(b) Induced siphonage resulting from vacuum in the drainage system
generated by the discharge of one or more fixtures other than the one un-
der observation.
(43) "Toilet Drain" means that part of the drainage piping which re-
ceives the discharge from each individual toilet.
(44) "Trap" means a fitting or device designed and constructed to pro-
vide a liquid seal that will prevent the back passage of air without materi-
ally affecting the flow of liquid waste through it.
(45) "Trap Arm" means the portion of a fixture drain between a trap
and its vent.
(46) "Trap Seal" means the vertical depth of liquid that a trap will re-
tain.
(47) "Vacuum Breaker." See Backflow Preventer.
(48) "Vent Cap" means the device or fitting which protects the vent
pipe from foreign substance with an opening to the atmosphere equal to
the area of the vent it serves.
(49) "Vent System" means that part of a piping installation which pro-
vides circulation of air within a drainage system.
(50) "VerUcal Pipe" means any pipe or fitting which makes an angle
of not more than 45 degrees with the vertical.
(51) "Water Connection" means the fitting or point of connection for
the mobile home water distribution system designed for connection to a
water supply.
(52) "Water Connector" means the removable extension connecting
the mobile home water distribufion system to the water supply.
(53) "Water Distribution System" means potable water piping within
or permanently attached to the mobile home.
(54) "Wet Vent" means a vent which also serves as a drain for one or
more fixtures.
(55) "Wet Vented Drainage System" means the specially designed
system of drain piping that also vents one or more plumbing fixtures by
means of a common waste and vent pipe.
280.603. General Requirements.
(a) Minimum requirements. Any plumbing system installed in a mo-
bile home shall conform, at least, with the provisions of this subpart.
(1) General. The plumbing system shall be of durable material, free
from defective workmanship, and so designed and constructed as to give
satisfactory service for a reasonable life expectancy.
(2) Conservation. Water closets shall be selected and adjusted to use
the minimum quantity of water consistent with proper performance and
cleaning.
(3) Connection to drainage system. All plumbing, fixtures, drains, ap-
purtenances, and appliances designed or used to receive or discharge liq-
uid waste or sewage shall be connected to the mobile home drainage sys-
tem in a manner provided by this standard.
(4) Workmanship. All design, construction, and workmanship shall
be in conformance with accepted engineering practices and shall be of
such character as to secure the results sought to be obtained by this stan-
dard.
(5) Components. Plumbing materials, devices, fixtures, fittings,
equipment, apphances, and accessories intended for use in or attached to
a mobile home, and not shown in the Table in 280.604, shall be listed or
certified by an approved listing agency, or be specifically approved by
the Department when Listing by an approved listing agency is not avail-
able.
(6) Prohibited fittings and practices, (i) Drainage or vent piping shall
not be drilled and tapped for the purpose of making connections, (ii) Ex-
cept as specifically provided elsewhere in this standard, vent pipes shall
not be used as waste or drain pipes, (iii) Fittings, connections, devices,
or methods of installation that obstruct or retard the flow of sewage, or
air in the drainage or venting systems in an amount greater than the nor-
Page 157
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§4070
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
mal frictional resistance to flow shall not be used unless their use is ac-
ceptable in this standard or their use is accepted as having a desirable and
acceptable function of ultimate benefit to the proper and continued func-
tioning of the plumbing system, (iv) Cracks, holes, or other imperfections
in materials shall not be concealed by welding, brazing, or soldering or
by paint, wax, tar, or other leak-sealing or repairing agents, (v) Piping,
fixtures or equipment shall be located so as not to interfere with the nor-
mal use or with the normal operation and use of windows, doors or other
required facilities, (vi) Galvanized pipe shall not be bent or welded.
(7) Alignment of fittings. All valves, pipes, and fittings shall be in-
stalled in correct relationship to the direction of flow.
(b) Protective requirements.
(1) Cutting structural members. Structural members shall not be un-
necessarily or carelessly weakened by cutting or notching.
(2) Exposed piping. All piping, pipe threads, hangers, and support ex-
posed to the weather, water, mud, and road hazard, and subject to damage
therefrom, shall be painted, coated, wrapped, or otherwise protected
from deterioration.
(3) Road damage. Pipes, supports, drains, outlets, or drain hoses shall
not extend or protrude in a manner where they could be unduly subjected
to damage during transit.
(4) Freezing. All piping and fixtures subject to freezing temperatures
shall be insulated or protected to prevent freezing, under normal occu-
pancy. The manufacturer shall provide: (i) Written installation instruc-
tions for the method(s) required for compliance to this section; (ii) a state-
ment in his installation instructions that if heat tape is used it shall be
listed for use with mobile homes; (iii) a receptacle outlet conveniently lo-
cated for the use of a heat tape and in compliance with 280.806(b).
(5) All piping, except the fixture trap, shall be designed to allow drain-
age.
(6) Rodent resistance. All exterior openings around piping and equip-
ment shall be sealed to resist the entrance of rodents.
(7) Piping and electrical wiring shall not pass through the same holes
in walls, floors or roofs. Plastic piping shall not be exposed to heat in ex-
cess of manufacturers recommendation or radiation from heat producing
appliances.
280.604. Materials.
(a) Minimum standards. Materials, fixtures, or devices used or enter-
ing into the construction of plumbing systems in any mobile home shall
be free from defects and shall conform to approved standards or to appli-
cable standards in the following Table.
(b) Specific usage. Each of the sections following the Table indicates
specifically the type of material presently permitted for use in the various
parts of the plumbing system.
280.605. Joints and Connections.
(a) Tightness. Joints and connections in the plumbing system shall be
gastight and watertight for the pressures required under testing proce-
dures.
(1) Assembling of pipe. All joints and connections shall be correctly
assembled for tightness. Pipe threads shall be fully engaged with the
threads of the fitting. Plastic pipe and copper tubing shall be inserted to
the full depth of the solder cup or welding sockets of each fitting. Pipe
threads and slip joints shall not be wrapped with string, paper, putty, or
similar fillers.
Page 158
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Title 25
Factory-Built Housing and Mobile Homes
§4070
Materials ANSI
Ferrous pipe «nd fittings
Cut iron screwed fittings B16.4-1971
Malieabie iron screwed fittings 816^1971
Special cast iron fittings
Welded wrought iron pipe B36.2-I9fl9
Wrought steeland wrought iron pipe .... B36.1O-107O
Black and hot dipped zinc-coated
(gaivanixed) welded and seamless
steel pipe
Welded and seamless steel pipe B1SS.M972
Pipe threads (except dry-seat) 62.1-1966
Cast iron soil piping and fitHngs An2.5.M97]l
Nonferrous pipe and fittings
Seamless ct^per, pipe, standard sizes H26.I'I973
Wrought seamless copper and copper
allov tube H23.4-1973
Seamless copper water tube H23.14973
Copper drainage tube (DWV) H23.6-19T3
Wrought copper and bronze solder
Joint pressure fittings B16.22-1S73
Wrought copper and wrought copper
alloy solder-Joint drainage
fittings 816.20^1966
Cast brass solder-Joint pressure .
filHngs 816.16-1972
Cast bronze solder-Joint drainage
fittings-DWV 816.23-1969
Cast bronze fittings for flared
copper tubes 816.26>1997
Seamless red brass pipe, standard
sizes HS7.M973
Cast bronze threaded fittings. ISO and
300 pound 816.15-1971
Plastic Pipe and Fittings
ABS plastic drain, waste, and vent
pipe and fittings
PVC plastic dr«in. waste, and vent
pipe and fittings
chlorinated poly (vinyl/chloride)
(CPVC) plastic hot water distribution
systems
Polybutylene <PB) plastic pipe
(SDR-PR)
Polybutylene (PB) plastic hot water
distribution systems miscellaneous
Pipe nipi^es. threaded
Rubber gaskets for cast iron soil pipe
fittings
Backflow prevention devices Al 12.14.1-
197S
Valve, bronze, gate 12S>150 and
200 pound
Valve, cast-iron gate, threaded
and flanges
Plumbing-fixture-setting compound
Cast brass and tubing P-traps —
Relief valves and automatic gas
shutofr devices for hot water
supply systems Z21.2S'-197I
Solvent cement for ABS plastic pipe
and fittings ~
>With Addenda.
ASnt
FS
OtherSlmdkpd
A72-1968
A120-I972a
A53-1972a
A74.1972
842-1972
82511971
886-1972
8306-1973
B43-1972
lAPMO
PS 5-1906
ww-p.
401D.1060
D226I-1973
t^P322B-
11973
lAPMO
PS IT.Tl
N5P 14-1970
D2665-1973
L-P.39DB-
1973
lAPMO
PS 1741
1973
NSr.14-1970
D2846-1973
NSP.14-1970
Da682-1973
03309^1974
WW-N-
3518(1)1070
CS64-197D
ww-y.
540*1973
lAPMOPS
314971
WW-V-
mB>t971
HHO
536A-1954
lAPMO
PS 1-1966
D2l35-I9r3
NSF.l4-19rO
Page 159
(4-1-90)
§4070!
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Muteriiih
WSI
Solvent cement for PVC! plastic pipe
ttnd fittings
Anti*iiphon trap vent device
Diversion tecs and twin waste elbow.
Flexible copper water connectors
ASTM
D2S64I973
Dishwater drain aifRaps
Coated flexible metal gas connectors
for exterior use
I Plumbing fixtures
I PlumbinK fixtures for land use.
h'S OtbtT St;mrtnrd>
NSF-U-IOTO
NSF24
lAPNK) PS <W5fi
lAPMO PS M
1971
IAPMOPS23»%«
lAPMO TSC »
l»72
Vitreous china plumbing fixtures Al 12.19.2-1973
Enameled cast iron plumbing AU2.i9. 1-1973
Porcelain enameled formed steel
plumbing fixtures
Formed metal porcelain-enameled
sanilaryware
WW P MID
1971
Plastic bathtub units Z124.1-1974
Gel-coated glass-fiber reinforced
polyester resin shower receptor
ana shower stall units Z124.2-19B7
Stainless steel plumbing fixtures —
residential use
Drains for prefabricated and
precast snowers
Cultured marble lavatory
Performance specifications and
methods of test for safety
glazing material used in
buildings
Z97. 1-1972
lAPMC) TSt: 22
1972
lAPMO PS 5-
\9fn
(3>.243-19fi2
\SK-24-1972
lAPMO PS 4-
19M»
\SF-24-l972
lAPMO PS IH^
1973;
CMMii I 7!S
NSF-24.72
! ) With Addenda.
(2) Threaded joints. Threads for screw pipe and fittings shall conform
to the approved or listed standard. Pipe ends shall be reamed out to size
of bore. All burrs, chips, cutdng oil and foreign matter shall be removed.
Pipe joint cement or thread lubricant shall be of approved type and
applied to male threads only.
(3) Solder joints. Solder joints for tubing shall be made with approved
or listed Isolder type fittings. Surfaces to be soldered shall be cleaned
bright. The joints shall be properly fluxed with noncorrosive paste type
flux and made with approved or listed 50-50 solder or an approved solder
having a higher melting temperature.
(4) Plastic pipe, fittings and joints. Plastic pipe and fittings shall be
joined by installation methods recommended by the manufacturer or in
accordance with the provisions of a recognized, approved, or listed stan-
dard. I
(5) Union joints. Metal unions in water piping shall have metal-to-
metal ground seats.
(6) Flared joints. Flared joints for soft-copper water tubing shall be
made with approved or listed fittings. The tubing shall be expanded with
a proper flaring tool.
(7) Cast iron soil pipe joints. Approved or hsted cast iron pipe may be
joined as follows: (i) Approved or listed hubless pipe as per the manufac-
turer's recommendation, (ii) Hub and plain-end soil pipe may be joined
by compression fittings per the manufacturer's recommendation.
280.606. Traps and Cleanouts.
(a) Traps.
(1) Traps required. Each plumbing fixture, except listed toilets, shall
be separately trapped by approved water seal "P" traps. All traps shall be
effecdvely vented.
(2) Dual fixtures. A two-compartment sink, two single sinks, two lav-
atories, or a single sink and a single lavatory with waste outlets not more
than 30 inches apart and in the same room and flood level rims at the same
level may be connected to one "P" trap and may be considered as a single
fixture for the purpose of drainage and vent requirements.
(3) Prohibited traps. A trap which depends for its seal upon concealed
interior partitions shall not be used. Full "S" traps, bell traps, drum traps,
crown-vented traps, and running traps are prohibited. Fixtures shall not
be double-trapped.
(4) Material and design. Each trap shall be self-cleaning with a smooth
and uniform interior waterway. Traps shall be manufactured of cast iron,
cast brass, or drawn brass tubing of not less than No. 20 Brown and
Sharpe gage, or approved or listed plastic, or other approved or listed ma-
terial. Union joints for a trap shall be beaded to provide a shoulder for the
union nut. Each trap shall have the manufacturer's name stamped or cast
in the body of the trap, and each tubing trap shall show the gage of the
tubing.
Page 160
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Title 25
Factory-Built Housing and Mobile Homes
§4070
(5) Trap seal. Each "P" trap shall have a water seal of not less than 2
inches and not more than 4 inches and shall be set true to its seal.
(6) Size. Traps shall be not less than 1-1/4 inches in diameter. A trap
shall not be larger than the waste pipe to which it is connected.
(7) Location. Each trap shall be located as close to its vent and to its
fixture outlet as structural conditions will permit.
(8) Length of tailpiece. The vertical distance from a trap to the fixture
outlet shall not exceed 24 inches.
(9) Installation.
(i) Grade of trap arm. The piping between a "P" trap and the fixture tee
or the vented waste line shall be graded 1/4 inch per foot towards the vent
and in no event shall have a slope greater than its diameter. The vent
opening at fixture tees shall not be below the weir of the "P" trap outlet.
(ii) Trap arm offset. The piping between the "F' trap and vent may
change direction or be offset horizontally with the equivalent of no more
than 1 80 degrees total change in direction with a maximum of 90 degrees
by any one fitting.
(iii) Concealed traps. Traps with mechanical joints shall be accessible
for repair and inspection.
(iv) Removability of Traps, Etc. Traps shall be designed and installed
so the "U" bend is removable without removing the strainers from the fix-
ture. Continuous waste and tail pieces which are permanently attached
to the "U" bend shall also be removable without removing the strainer
from the fixture.
(b) Cleanout openings.
(1) Location of cleanout fittings.
(i) Cleanouts shall be installed if the drainage system cannot be
cleaned through fixtures, drains, or vents. Cleanouts shall also be pro-
vided when fittings of more than 45 degrees are used to affect an offset
except where long turn ells are used which provide sufficient "sweep" for
cleaning.
(ii) A full size cleanout shall be installed at the upper end of any section
of drain piping which does not have the required minimum slope of 1/4
inch per foot grade.
(iii) A cleaning tool shall not be required to pass through more than 360
degrees of fittings, excluding removable "P" traps, to reach any part of
the drainage system.
(2) Access to cleanouts. Cleanouts shall be accessible through an un-
obstructed minimum clearance of 12 inches directly in front of the open-
ing. Each cleanout fitting shall open in a direction opposite to the flow
or at right angles to the pipe. Concealed cleanouts that are not provided
with access covers shall be extended to a point above the floor or outside
of the mobile home, with pipe and fittings installed, as required, for drain-
age piping without sags and pockets.
(3) Material. Plugs and caps shall be brass or approved or listed plastic,
with screw pipe threads.
(4) Design. Cleanout plugs shall have raised heads except that plugs
at floor level shall have counter-sunk slots.
280.607. Plumbing Fixtures.
(a) General Requirements.
(1) Quality of fixtures. Plumbing fixtures shall have smooth impervi-
ous surfaces, be free from defects and concealed fouling surfaces, be ca-
pable of resisting road shock and vibration, and shall conform in quality
and design to listed standards. Fixtures shall be permanently marked with
the manufacturer's name.
(2) Strainers. The waste outlet of all plumbing fixtures, other than toi-
lets, shall be equipped with a drain fitting that will provide an adequate
unobstructed waterway.
(3) Fixture connections. Fixture tailpieces and continuous wastes in
exposed or accessible locations shall be not less than No. 20 Brown and
Sharpe gage seamless drawn-brass tubing or other approved pipe or tub-
ing materials. Inaccessible fixture connections shall be constructed ac-
cording to the requirements for drainage piping. Each fixture tailpiece,
continuous waste, or waste and overflow shall be not less than 1-1/2 in-
ches for sinks of two or more compartments, dishwashers, clothes wash-
ing machines, laundry tubs, bath tubs, and not less than 1-1/4 inches for
lavoratories and single compartment sinks having a 2 inch maximum
drain opening.
(4) Concealed connections. Concealed slip joint connections shall be
provided with adequately sized unobstructed access panels and shall be
accessible for inspection and repair.
(5) Directional fitting. An approved or listed "Y" or other directional-
type branch fitting shall be installed in every tailpiece or continuous
waste that receives the discharge from food waste disposal units, dish-
washing, or other force-discharge fixture or appliance. (See also
280.607(b)(4)(ii).)
(b) Fixtures.
(1) Spacing. All plumbing fixtures shall be so installed with regard to
spacing as to be reasonably accessible for their intended use.
(2) Toilets, (i) Toilets shall be designed and manufactured according
to approved or listed standards and shall be equipped with a water flush-
ing device capable of adequately flushing and cleaning the bowl at each
operation of the flushing mechanism, (ii) Toilet flushing devices shall be
designed to replace the water seal in the bowl after each operation. Flush
valves, flushometer valves, and ball cocks shall operate automatically to
shut off at the end of each flush or when the tank is filled to operating ca-
pacity, (iii) Flush tanks shall be fitted with an overflow pipe large enough
to prevent flooding at the maximum flow rate of the ball cock. Overflow
pipes shall discharge into the toilet, through the tank, (iv) Toilets that
have fouling surfaces that are not thoroughly washed at each discharge
shall be prohibited. Any toilet that might permit the contents of the bowl
to be siphoned back into the water system shall be prohibited, (v) Floor
connection. Toilets shall be securely bolted to an approved flange or oth-
er approved fitting which is secured to the floor by means of corrosion-
resistant screws. The bolts shall be of solid brass or other corrosion-resis-
tant material and shall not be less than 1/4 inch in diameter. A watertight
seal shall be made between the toilet and flange or other approved fitting
by use of a gasket or sealing compound.
(3) Shower compartment, (i) Each compartment stall shall be provided
with an improved watertight receptor with sides and back extending at
least 1 inch above the finished dam or threshold. In no case shall the depth
of a shower receptor be less than 2 inches or more than 9 inches measured
from the top of the finished dam or threshold to the top of the drain. The
wall area shall be constructed of smooth, noncorrosive, and nonabsor-
bent waterproof materials to a height not less than 6 feet above the bath-
room floor level. Such walls shall form a watertight joint with each other
and with the bathtub, receptor or shower floor. The floor of the compart-
ment shall slope uniformly to the drain at not less than one-fourth nor
more than one-half inch per foot, (ii) The joint around the drain connec-
tion shall be made watertight by a flange, clamping ring, or other ap-
proved listed means, (iii) Shower doors and tub and shower enclosures
shall be constructed so as to be waterproof and, if glazed, glazing shall
comply with the Standard for Transparent Safety Glazing Material used
in Buildings (ANSI Z97.1-1972). (iv) Prefabricated plumbing fixtures
shall be approved or listed.
(4) Dishwashing machines, (i) Dishwashing machine shall not be di-
rectly connected to any waste piping, but shall discharge its waste
through a fixed air gap installed above the machine. The drain connection
from the air gap may connect to an individual trap, to a directional fitting
installed in the sink tailpiece, or to the opening provided on the inlet side
of a food waste disposal unit, (ii) Drain from a dishwashing machine shall
not be connected to a sink tailpiece, continuous waste line, or trap on the
discharge side of a food waste disposal unit.
(5) Clothes washing machines, (i) Clothes washing machines shall
drain either into a properly vented trap, into a laundry tub tailpiece with
watertight connections, into an open standpipe receptor, or over the rim
of a laundry tub. (ii) Standpipes shall be 1-1/2 inches minimum nominal
iron pipe size, 1-1/2 inches diameter nominal brass tubing not less than
No. 20 Brown and Sharpe gage, or 1-1/2 inches approved plastic materi-
als. Receptors shall discharge into a vented trap or shall be connected to
Page 161
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§4070
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
a laundry tub tailpiece by means of an approved or listed directional fit-
ting. Each standpipe shall extend not less than 18 inches or more than 30
inches above its trap and shall terminate in an accessible location no low-
er than the top of clothes washing machine. A removable tightfitting cap
or plug shall be installed on the standpipe when clothes washer is not pro-
vided, (iii) Clothes washing machine drain shall not be connected to the
tailpiece', continuous waste, or trap of any sink or dishwashing machine.
(c) Installation.
(1) Access. Each pluniibing fixture and standpipe receptor shall be lo-
cated and instal led in a manner to be accessible for usage, cleaning, repair
and replacement.
(2) Alignment. Fixtures shall be set level and in true alignment with
adjacent walls. Where practical, piping from fixtures shall extend to
nearest wall.
(3) Brackets. Wall-hung fixtures shall be rigidly attached to walls by
metal brackets or supports without any strain being transmitted to the pip-
ing connections. Flush tanks shall be securely fastened to toilets or to the
wall with corrosive-resistant materials.
(4) Tub supports. Bathtub rims at wall shall be supported on metal
hangers or on end-grain wood blocking attached to the wall unless other-
wise recommended by the manufacturer of the tub.
280.608. Hangers and Supports.
(a) Stains and stresses. Piping in a plumbing system shall be installed
without undue strains and stresses, and provision shall be made for ex-
pansion,! contraction, and structural settlement.
(b) Piping supports. Piping shall be secured at sufficiently close inter-
vals to keep the pipe in alignment and carry the weight of the pipe and
contents^ Unless otherwise stated in the standards for specific materials
shown in the Table in 280.604(a), or unless specified by the pipe man-
ufacturer, plastic drainage piping shall be supported at intervals not to ex-
ceed 4 feet and plastic water piping shall be supported at intervals not to
exceed 3; feet.
(c) Hangers and anchors.
(1) Hangers and anchors shall be of sufficient strength to support their
proportional share of the pipe alignments and prevent rattling.
(2) Piping shall be securely attached to the structure by hangers,
clamps, or brackets which provide protection against motion, vibration,
road shock, or torque in the chassis.
(3) Hangers and straps supporting plastic pipe shall not compress, dis-
tort, cut or abrade the piping and shall allow free movement of the pipe.
280.609., Water Distribution System.
(a) Water supply.
(1) Supply piping. Piping systems shall be sized to provide an ade-
quate quantity of water to each plumbing fixture at a flow rate sufficient
to keep the fixture in a clean and sanitary condition without any danger
of backflow or siphonage (See Table in 280.609(f)(1)). The manufactur-
er shall include in his written installation instructions that the mobile
home has been designed for an inlet water pressure of 80 psi, and a state-
ment that when the rnobile home is to be installed in areas where the water
pressure exceeds 80 psi, a pressure reducing valve should be installed.
(2) Hot water supply. Each mobile home equipped with a kitchen sink,
and bathtub and/or shower shall be provided with a hot water supply sys-
tem including a listed water heater.
(b) Water outlets and supply connections.
(1) Water connection. Each mobile home with a water distribution sys-
tem shall be equipped with a 3/4-inch threaded inlet connection located
within the rear half of the length of the mobile home. This connection
shall be tagged or market "Fresh Water Connection" (or "Fresh Water
Fill"). A matching cap or plug shall be provided to seal the water inlet
when it is not in use, and shall be permanently attached to the mobile
home or water supply piping. When a master cold water shutoff full flow
valve is not installed on the main feeder line in an accessible location, the
manufacturer's installation instructions shall indicate that such a valve
is to be installed in the water supply line adjacent to the home. When a
mobile home includes expandable rooms or is composed of two or more
units, fittings or connectors designed for such purpose shall be provided
to connect any water piping. When not connected, the water piping shall
be protected by means of matching threaded caps or plugs.
(2) Prohibited connections, (i) The installation of potable water supply
piping or fixture or appliance connections shall be made in a manner to
preclude the possibility of backflow. (ii) No part of any water system
shall be connected to any drainage or vent piping.
(3) Rim outlets. The outlets of faucets, spouts, and similar devices
shall be spaced at least 1 inch above the flood level of the fixture.
(4) Appliance connections. Water supplies connected to clothes wash-
ing or dishwashing machines shall be protected by an approved or listed
fixed air gap provided within the appUance by the manufacturer.
(5) Flushometer valves or manually operated flush valves. An ap-
proved or listed vacuum breaker shall be installed and maintained in the
water supply line on the discharge side of a toilet flushometer valve or
manually operated Hush valve. Vacuum breakers shall have a minimum
clearance of 6 inches above the flood level of the fixture to the critical
level mark unless otherwise permitted in their approval.
(6) Flush tanks. Toilet flush tanks shall be equipped with an approved
or listed anti-siphon ball cock which shall be installed and maintained
with its outlet or critical level mark not less than 1 inch above the full
opening of the overflow pipe.
(c) Water heater safety devices.
(1) Relief valves, (i) all water heaters shall be installed with approved
and listed fully automatic valve or valves designed to provide tempera-
ture and pressure relief, (ii) Any temperature relief valve or combined
pressure and temperature relief valve installed for this purpose shall have
the temperature sensing element immersed in the hottest water within the
upper 6 inches of the tank. It shall be set to start relieving at a pressure
of 150 psi or the rated working pressure of the tank whichever is lower
and at or below a water temperature of 210° F. (iii) Relief valves shall be
provided with full-sized drains, with cross sectional areas equivalent to
that of the relief valve outlet, which shall be directed downward and dis-
charge beneath the mobile home. Drain lines shall be of a material listed
for hot water distribution and shall drain fully by gravity, shall not be
trapped, and shall not have their outlets threaded, and the end of the drain
shall be visible for inspection.
(d) Materials.
(1) Piping material. Water pipe shall be of standard weight brass, gal-
vanized wrought iron, galvanized steel, Type K, L or M copper tubing,
approved or listed plastic or other approved or listed material.
(i) Plastic Piping. All plastic water piping and fittings in mobile homes
must be approved or listed for use with hot water.
(2) Fittings. Appropriate fittings shall be used for all changes in size
and where pipes are joined. The material and design of fittings shall con-
form to the type of piping used. Special consideration shall be given to
prevent corrosion when dissimilar metals are joined, (i) Fittings for screw
piping shall be standard weight galvanized iron for galvanized iron and
steel pipe, and of brass for brass piping. They shall be installed where re-
quired for change in direction, reduction of size, or where pipes are joined
together, (ii) Fittings for copper tubing shall be cast brass or drawn cop-
per (sweat-soldered) or shall be approved or listed fittings for the pur-
pose intended.
(3) Prohibited material. Used piping materials shall not be permitted.
Those pipe dopes, solder fluxes, oils, solvents, chemicals, or other sub-
stances that are toxic, corrosive, or otherwise detrimental to the water
system shall not be used.
(e) Installation of piping.
(1) Minimum requirement. All piping equipment, appurtances, and
devices shall be installed in workmanlike manner and shall conform with
the provisions and intent of this standard.
(2) Screw pipe. Iron pipe-size brass or galvanized iron or steel pipe
fitfings shall be joined with approved or listed standard pipe threads fully
engaged in the fittings. Pipe ends shall be reamed to the full bore of the
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pipe. Pipe-joint compound shall be insoluble in water, shall be nontoxic
and shall be applied to male threads only.
(3) Solder fittings. Joints in copper water tube shall be made by the ap-
propriate use of approved cast brass or wrought copper fittings, properly
soldered together. The surface to be soldered shall be thoroughly cleaned
bright mechanically. The joints shall be properly fluxed and made with
approved solder.
(4) Flared fittings. A flaring tool shall be used to shape the ends of
flared tubing to match the flare of fittings.
(5) Plastic pipe and fittings. Plastic pipe and fittings shall be joined by
installation methods recommended by the manufacturer or in accordance
with provisions of a listed standard.
(f) Size of water supply piping.
(1) Minimum size. The size of water supply piping and branch lines
shall not be less than sizes shown in the following table:
MINIMUM SIZE TUBING AND PIPE FOR WATER
DISTRIBUTION SYSTEMS
Tubing (Nominal)
Number of
pipe iron
fixtures
Diameter
Outer diameter
pipe size
(inches)
(inches)
(inches)
1
]/4.1:
3/8
111
2
3/8
1/2
1/2
3
1/2
5/8
1/2
4
1/2
5/8
1/2
5 or more
3/4
7/8
3/4
*6 ft. maximum length.
Exceptions to table: 3/8 inch nominal diameter or 1/2 inch OD mini-
mum size for clothes washing or dishwashing machines, unless larger
size is recommended by the fixture manufacturer. 1/2 inch nominal diam-
eter or 5/8 inch OD minimum size for flushometer or metering type
valves unless otherwise specified in their listing. No galvanized screw
piping shall be less than 1/2 inch iron pipe size.
(2) Sizing procedures. Both hot and cold water piping systems shall be
computed by the following method: (i) Size of branch. Start at the most
remote outlet on any branch of the hot or cold water piping and progres-
sively count towards the water service connection, computing the total
number of fixtures supplied along each section of piping. Where
branches are joined together, the number of fixtures on each branch shall
be totalled so that no fixture is counted twice. Following down the left-
hand column of the preceding Table a corresponding number of fixmres
will be found. The required pipe or tubing size is indicated in the other
columns on the same line, (ii) A water heater, food waste disposal unit,
evaporative cooler or ice maker shall not be counted as a water-using fix-
ture when computing pipe sizes.
(g) Line valves. Valves, when installed in the water supply distribution
system (except those immediately controlling one fixture supply) and
when fully opened, shall have a cross-sectional area of the smallest ori-
fice or opening, through which the water flows, at least equal to the cross-
sectional area of the nominal size of the pipe in which the valve is in-
stalled.
280.610. Drainage Systems.
(a) General.
(1) Each fixture directly connected to the drainage system shall be in-
stalled with a water seal trap (280.606(a)).
(2) The drainage system shall be designed to provide an adequate cir-
culation of air in all piping with no danger of siphonage, aspiration, or
forcing of trap seals under conditions of ordinary use.
(b) Materials.
(1) Pipe. Drainage piping shall be standard weight steel, wrought iron,
brass, copper tube DWV, hsted plastic, cast iron, or other hsted or ap-
proved materials.
(2) Fittings. Drainage fittings shall be recessed drainage pattern and
smooth interior waterways of the same diameter as the piping and shall
be of a material conforming to the type of piping used. Drainage fittings
shall be designed to provide for a 1/4 inch per foot grade in horizontal pip-
ing, (i) Fittings for screw pipe shall be cast iron, malleable iron, brass, or
listed plastic with standard pipe threads, (ii) Fittings for copper tubing
shall be cast brass or wrought copper, (iii) Socket-type fittings for plastic
piping shall comply with hsted standards, (iv) Brass or bronze adaptor or
wrought copper fittings shall be used to join copper tubing to threaded
pipe.
(c) Drain outlets.
( 1 ) Location of drain. Each mobile home shall have only one drain out-
let which shall terminate in the rear half section.
(2) Clearance from drain oudet. The drain outlet shall be provided with
a minimum clearance of 3 inches in any direction from all parts of the
structure or appurtenances and with not less than 18 inches unrestricted
clearance directly in front of the drain outlet.
(3) Drain connector. The drain connector shall not be smaller than the
piping to which it is connected and shall be equipped with a water-tight
cap or plug matching the drain outlet. The cap or plug shall be permanent-
ly attached to the mobile home or drain outlet.
(4) The drain outlet and drain connector shall not be less than 3 inches
inside diameter.
(5) Preassembly of drain hues. Drain lines, provided by the manufac-
turer, located under the mobile home, designed to bring the drain system
to one distribution point and which may be damaged in transit, must be
designed for proper site assembly.
(d) Fixture connections. Drainage piping shall be provided with ap-
proved or listed inlet fittings for fixture connections, correctly located ac-
cording to the size and type of fixture to be connected.
(I) Toilet connection. The drain connection for each toilet shall be 3
inches minimum inside diameter and shall be fitted with an iron, brass,
or listed plastic floor flange adaptor ring securely screwed, soldered or
otherwise permanently attached to the drain piping, in an approved man-
ner and securely fastened to the floor.
(e) Size of drainage piping.
(1 ) Fixture load. Except as provided by 280.61 1(d)(2), drain pipe sizes
shall be determined by the type of fixture and the total number connected
to each drain, (i) A 1-1/2 inch minimum diameter piping shall be required
for one and not more than three individually vented fixtures, (ii) A 2-inch
minimum diameter piping shall be required for four or more fixtures indi-
vidually vented, (iii) A 3-inch minimum diameter piping shall be re-
quired for toilets.
(f) Wet-vented drainage system. Plumbing fixture traps may connect
into a wet-vented drainage system which shall be designed and installed
to accommodate the passage of air and waste in the same pipe.
(1) Horizontal piping. All parts of a wet-vented drainage system, in-
cluding the connected fixture drains, shall be horizontal except for wet-
vented vertical risers which shall terminate with a 1-1/2 inch minimum
diameter continuous vent. Where required by structural design, wet-
vented drain piping may be offset vertically when other vented fixture
drains or relief vents are connected to the drain piping at or below the ver-
tical offsets.
(2) Size. A wet-vented drain pipe shall be 2 inches minimum diameter
and at least one pipe size larger than the largest connected trap or fixture
drain. Not more than three fixtures may connect to a 2-inch diameter
wet-vented drain system.
(3) Length of trap arm. Fixture traps shall be located within the dis-
tance given in 280.611(c)(5). Not more than one trap shall connect to a
trap arm.
(g) Offsets and branch fittings.
( 1 ) Changes in direcfion. Changes in direction of drainage piping shall
be made by the appropriate use of approved or listed fittings, and shall
be of the following angles: 1 1-1/4, 22-1/2, 45, 60, or 90 degrees; or other
approved or listed fittings or combination of fittings with equivalent ra-
dius or sweep.
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(2) Horizontal to vertical. Horizontal drainage lines, connecting with
a vertical pipe shall enter through 45-degree "Y" branches, 60-degree
"Y" branches, long-turn "TY" branches, sanitary "T" branches, or other
approved or listed fittings or combination of fittings having equivalent
sweep. Fittings having more than one branch at the same level shall not
be used,|unless the fitting is constaicted so that the discharge from any
one branch cannot readily enter any other branch. However, a double
sanitary i T" may be used when the drain line is increased not less than
two pipe sizes.
(3) Horizontal to horizontal and vertical to horizontal. Horizontal
drainage
drainage
lines connecting with other horizontal drainage lines or vertical
lines connected with horizontal drainage hnes shall enter
through 45-degree "Y" branches, long-turn "TY" branches, or other ap-
proved or listed fittings or combination of fittings having equivalent
sweep.
(h) Grade of Horizontal Drainage Piping. Except for fixture connec-
tions on the inlet side of the trap, horizontal drainage piping shall be run
in practical alignment and have a uniform grade of not less than 1/4 inch
per foot t'oward the mobile home drain outlet. Where it is impractical, due
to the structural features or arrangement of any mobile home, to obtain
a grade of 1/4 inch per foot, the pipe or piping may have a grade of not
less than 1/8 inch per foot, when a full size cleanout is installed at the up-
per end. I
280.611.1 Vents and Venting.
(a) Gcjueral. Each plumbing fixture trap shall be protected against si-
phonagejand back pressure, and air circulation shall be ensured through-
out all parts of the drainage system by means of vents installed in accor-
dance with the requirements of this section and as otherwise required by
this standard.
(b) Materials.
(1) Pipe. Vent piping shall be standard weight steel, wrought iron,
brass, copper tube DWV, listed plastic, cast iron or other approved or
listed materials.
(2) Fittings. Appropriate fittings shall be used for all changes in direc-
tion or size and where pipes are joined. The material and design of vent
fittings shall conform to the type of piping used, (i) Fittings for screw pipe
shall be cast iron, malleable iron, plastic, or brass, with standard pipe
threads, (ii) Fittings for copper tubing shall be cast brass or wrought cop-
per, (iii) Fittings for plastic piping shall be made to approved applicable
standards, (iv) Brass adaptor fittings or wrought copper shall be used to
join copper tubing to threaded pipe, (v) Listed rectangular tubing may be
used for jvent piping only providing it has an open cross section at least
equal to the circular vent pipe required. Listed transition fittings shall be
used. I
(c) Size of vent piping.
(1) Main vent. The drain piping for each toilet shall be vented by 1-1/2
inch minimum diameter vent or rectangular vent of venting cross section
equivalent to or greater than the venting cross section of a J -1/2 inch di-
ameter vent, connected to the main drain by one of the following meth-
ods: I
(i ) A l!-l/2 inch diameter (min.) individual vent pipe or equivalent di-
rectly connected to the toilet drain within the distance allowed in
280.611(b)(5), for 3-inch trap arms undiminished in size through the
roof, '
(ii) A 1-1/2 inch diameter (min.) continuous vent, or equivalent, indi-
rectly cohnected to the toilet drain piping through a 2-inch wet-vented
drain that carries the waste of not more than one fixture, or,
(iii) Tivo or more vented drains when at least one is wet-vented, or
2-inch diameter (minimum), and each drain is separately connected to
the main drain. At least one of the drains shall connect downstream from
the toileti within the distance allowed in 280.61 1(c)(5) for 3-inch trap
arms. i
I
(2) Individual vents. Each individually vented fixture with a 1-1/2
inch or smaller trap shall be provided with a vent pipe equivalent in area
to a 1-1/4 inch nominal pipe size. The main vent, toilet vent and relief
istan
ce trap
to vent
4 ft.
6 in.
4 ft.
6 in.
5 ft.
6 ft.
vent, and the continuous vent of wet-vented systems shall have an area
equivalent to 1-1/2 inch nominal pipe size.
(3) Common Vent. When two fixture traps located within the distance
allowed from their vent have their trap arms connected separately at the
same level into an approved double fitting, an individual vent pipe may
serve as a common vent without any increase in size.
(4) Intersecting Vents. Where two or more vent pipe joined together,
no increase in size shall be required; however, the largest vent pipe shall
extend full size through the roof.
(5) Distance of fixture trap from vent shall not exceed the values given
in the following Table:
MAXIMUM DISTANCE OF FIXTURES FROM VENT TRAP
Size of fixture drain
(inches)
1-1/4
1-1/2
2
3
(d) Anti-siphon trap vent. An anti-siphon trap vent may be used as
a secondary vent system for plumbing fixtures protected by traps not
larger than 1-1/2 inches, when installed in accordance with the manufac-
turer's recommendations and the following conditions: (i) Not more than
two fixtures individually protected by the device shall be drained by a
common 1-1/2 inch drain, (ii) Minimum drain size for there or more fix-
tures individually protected by the device shall be 2 inches, (iii) A prima-
ry vent stack must be installed to vent the main drain at the point of heavi-
est drainage fixture unit loading, (iv) The device shall be installed in a
location that permits a free flow of air and shall be at east 6 inches above
the top of the trap arm. (v) Materials for the anti-siphon trap vent shall
be as follows: cap and housing shall be listed acrylonitrile-butadiene sty-
rene, DWV grade; stem shall be DWV grade nylon or acetal; spring shall
be stainless steel wire, type 302; sealing disc shall be neoprene, conform-
ing to ASTM C 564-70, or, silicone rubber, low and high temperature
and tear resistant, conforming to F.S. ZZ-R-765B and MIL-L-10547.
(e) Grade and connections.
(I) Horizontal vents. Each vent shall extend vertically from its fixture
"T" or point of connection with the waste piping to a point not less than
6 inches above the extreme flood level of the fixture it is venting before
offsetting horizontally or being connected with any other vent pipe.
Vents for horizontal drains shall connect above the centerline of the drain
piping ahead (downstream) of the trap. Where required by structural con-
ditions, vent piping may offset below the rim of the fixture at the maxi-
mum angle or height possible.
(f) Vent terminal.
(1) Roof extension. Each vent pipe shall extend through its flashing
and terminate vertically, undiminished in size, not less than 2 inches
above the roof. Vent openings shall not be less than 3 feet away from any
motor-driven air intake that opens into habitable areas.
(2) Flashing. The opening around each vent pipe shall be made water-
tight by an adequate flashing or flashing material.
(g) Vent caps. Vent caps, if provided, shall be of the removable type
(without removing the flashing from the roof)- When vent caps are used
for roof space ventilation and the caps are identical to vent caps used for
the plumbing system, plumbing system caps shall be identified with per-
manent markings.
280.612. Test and Inspection.
(a) Water system. All water piping in the water distribution system
shall be subjected to a pressure test. The test shall be made by subjecting
the system to air or water at 100 psi for 15 minutes without loss of pres-
sure.
(b) Drainage and vent system and plumbing fixtures. The waste and
vent system shall be tested by one of the three following alternate meth-
ods for evidence or indication of leakage:
(1) Water test. Before plumbing fixtures are connected, all of the open-
ings into the piping shall be plugged and the entire piping system sub-
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Jected to a static water test for 15 minutes by I'illing it with water to the
top of the highest vent opening. There shall be no evidence of leakage.
(2) Air test. After all fixtures have been installed, the traps filled with
water, and the remaining openings securely plugged, the entire system
shall be subjected to a 2-inch (manometer) water column air pressure
test. If the system loses pressure, leaks may be located with smoke
pumped into the system, or with soap suds spread on the exterior of the
piping (Bubble test).
(3) Flood level test. The mobile home shall be in a level position, all
fixtures shall be connected, and the entire system shall be filled with wa-
ter to the rim of the toilet bowl (tub and shower drains shall be plugged).
After all trapped air has been released, the test shall be sustained for not
less than 15 minutes without evidence of leaks. Then the system shall be
unplugged and emptied. The waste piping above the level of the toilet
bowl shall then be tested and show no indication of leakage when the high
fixtures are filled with water and emptied simultaneously to obtain the
maximum possible flow in the drain piping.
(c) Fixture test. The plumbing fixtures and connections shall be sub-
jected to a flow test by filling them with water and checking for leaks and
retarded flow while they are being empfied.
(d) Shower compartments. Shower compartments and receptors shall
be tested for leaks prior to being covered by finish material. Each pan
shall be filled with water to the top of the dam for not less than 15 minutes.
Subpart H. Heating, Cooling and Fuel Burning Systems
280.701. Scope.
Subpart H of this standard covers the heating, cooling and fuel burning
equipment installed within, on, or external to a mobile home.
280.702. Definitions.
(a) The definitions in this subpart apply to Subpart H only.
(1) "Accessible," when applied to a fixture, connection, appliance or
equipment, means having access thereto, but which may require the re-
moval of an access panel, door or similar obstruction.
(2) "Air Condifioner Blower Coil System" means a comfort cooling
appliance where the condenser secfion is placed external to the mobile
home and evaporator section with circuladng blower attached to the mo-
bile home air supply duct system. Provision must be made for a return air
system to the evaporator/blower section. Refrigerant cormection be-
tween the two parts of the system is accomplished by tubing.
(3) "Air Condifioner Split System" means a comfort cooling appliance
where the condenser section is placed external to the mobile home and
the evaporator secfion incorporated into the heafing appliance or with a
separate blower/coil section within the mobile home. Refrigerant con-
nection between the two parts of the system is accomplished by tubing.
(4) "Air Conditioning Condenser Section" means that portion of a re-
frigerated air cooling or (in the case of a heat pump) heating system which
includes the refrigerant pump (compressor) and the external heat ex-
changer.
(5) "Air Condifioning Evaporator Secfion" means a heat exchanger
used to cool or (in the case of heat pump) heat air for use in comfort cool-
ing (or heating) the living space.
(6) "Air Condifioning Self Contained System" means a comfort cool-
ing appliance combining the condenser section, evaporator and air circu-
lating blower into one unit with connecfing ducts for the supply and re-
turn air systems.
(7) "Air Duct" means conduits or passageways for conveying air to or
from heafing, cooling, air conditioning or venfilation equipment, but not
including the plenum.
(8) "Automafic Pump (Oil Lifter)" means a pump, not an integral part
of the oil-burner appliance, that automatically pumps oil from the supply
tank and delivers the oil under a constant head to an oil-burning
appliance.
(9) "Btu. Brifish Thermal Units" means the quantity of heat required
to raise the temperature of one pound of water one degree Fahrenheit.
(10) "Btuh" means Brifish thermal units per hour.
(11) "Burner" means a device for the final conveyance of fuel or a mix-
ture of fuel and air to the combustion zone.
(12) "Central Air Condifioning System" means either an air condifion-
ing split system or an external combination heafing/cooling system.
(13) "Class O Air Ducts" means ducts of materials and connectors
having a fire-hazard classification of zero.
(14) "Class 1 AirDucts" means ducts of materials and connectors hav-
ing a flame-spread rafing of not over 25 without evidence of confinued
progressive combusfion and smoke-developed rating or not over 50.
( 1 5) "Class 2 Air Ducts" means ducts of materials and connectors hav-
ing a flame-spread rafing of not over 50 without evidence of confinued
progressive combustion and a smoke-developed rating of not over 50 for
the inside surface and not over 100 for the outside surface.
(16) "Clearance" means the distance between the appliance, chimney,
vent, chimney or vent connector or plenum and the nearest surface.
(1 7) "Connector-Gas Appliance" means a flexible or semi-rigid con-
nector listed as conforming to ANSI Standard Z21 .24, Metal Connectors
for Gas Appliance, used to convey fuel gas, three feet or less in length (six
feet or less for gas ranges), between a gas oufiet and a gas appliance in
the same room with the oufiet.
(18) "Energy Efficiency Rafio (EER)" means the rafio of the cooling
capacity output of an air conditioner for each unit of power input.
Capacity (Btuh)
EER =
Power input (watts)
(19) "External Combusfion Heafing/Cooling System" means a com-
fort condifioning system placed external to the mobile home with con-
necting ducts to the mobile home for the supply and return air systems.
(20) "Factory-Built Fireplace" means a hearth, fire chamber and
chimney assembly composed of listed factory-built components as-
sembled in accordance with the terms of lisfing to form a complete fire-
place.
(21) "Fireplace Stove" means a chimney connected solid fuel-burning
stove having part of its fire chamber open to the room.
(22) "Fuel Gas Piping System" means the arrangement of piping, tub-
ing, fittings, connectors, valves and devices designed and intended to
supply or control the flow of fuel gas to the appliance(s).
(23) "Fuel Oil Piping System" means the arrangement of piping, tub-
ing, fitfings, connectors, valves and devices designed and intended to
supply or control the flow of fuel oil to the appliance(s).
(24) "Gas Clothes Dryer" means a device used to dry wet laundry by
means of heat derived from the combustion of fuel gases.
(25) "Gas Refrigerator" means a gasburning appfiance which is de-
signed to extract heat from a suitable chamber.
(26) "Gas Supply Connecfion" means the terminal end or connection
to which a gas supply connector is attached.
(27) "Gas Supply Connector, Mobile Home" means a listed flexible
connector designed for connecfing the mobile home to the gas supply
source.
(28) "Gas Vents" means factory-built vent piping and vent fittings
listed by an approved tesfing agency, that are assembled and used in ac-
cordance with the terms of their listings, for conveying fuel gases to the
outside atmosphere, (i) "Type B Gas Vent" means a gas vent for venting
gas appliances with draft hoods and other gas appliances listed for use
with Type B Gas Vents, (ii) "Type BW Gas Vent" means a gas vent for
venfing Usted gas-fired vented wall furnaces.
(29) "Heat Producing Appliance" means all heafing and cooking
appliances and fuel burning appliances.
(30) "Heating Appliance" means an appliance for comfort heafing or
for domestic water heating.
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(31) "jLiquefied Petroleum Gases." The terms "Liquefied petroleum
gases," %PG" and "LP-Gas" as used in this standard shall mean and in-
clude any material which is composed predominantly of any of the fol-
lowing hydrocarbons, or mixtures of them: propane, prophylene, butanes
(normal butane or isobutane), and butylenes.
(32) "Plenum" means an air compartment which is part of an air-dis-
tributing system, to which one or more ducts or outlets are connected, (i)
Furnace Isupply plenum is a plenum attached directly to, or an integral
part of, the air supply outlet of the funiace. (ii) Furnace return plenum is
a plenum attached directly to, or an integral part of, the return inlet of the
furniture.
(33) "Quick-Disconnect Device" means a hand-operated device
which provides a means for connecting and disconnecting a gas supply
or connecting gas systems and which is equipped with an automatic
Typo
means to shut off the gas supply when the device is disconnected.
(34) "Readily Accessible" means direct access without the necessity
of removing any panel, door, or similar obstruction.
(35) "Roof Jack" means that portion of a mobile home heater flue or
vent assembly, including the cap. insulating means, flashing, and ceiling
plate, located in and above the roof of a mobile home.
(36) "Sealed Combustion System Appliance" means an appliance
which by its inherent design is constructed so that all air supplied for
combustion, the combustion system of the appliance, and all products of
combustion are completely isolated from the atmosphere of the space in
which it is installed.
(37) "Water Heater" means an appliance for heating water for domes-
tic purposes other than for space heating.
A\S!
VL
Other Stitnditrds
Appliances:
A\T conditioners, central cooling
Liquid fuel-burning healing appliances
i for mobile homes U travel trailers
iFJectric Air. Heater
Electric Baseboard Heating Pxjuipment
Electric Ontral Air-Heating Elquipment
Gas-heating appliances for mobile homes k travel
; trailers.
Cas clothes drvers
p)mmeTcial gasTired h electrically -heated hot
I water generating equipment
Cas-(ired absorption summer air conditioning*
appliances
465
A 147.1-1969 30fT(A).19e9,
1025
1042
1096
307(b|-l965 ,
Z21.5.11972 ..
Z2t5.1a-1973
Z21^.1b-1974
NSF 5-1959
Gas-Hred gravity & forced air central
furnaces
Gas-fired gravity h. fan*tvpe sealed
combustion system wall furnaces
(Commercial cooking h warming equipment
Household cooking gas appliances
Z21,40.M973 ..
Z21.40.Ib'1974
721.471973
Z2L47a-1974 ...
Z21.44.1973
Z2}.44a-I974...
221.44b-l975...
NSF 4-1967
Refrigerators using gas fuel
Automatic storage tvpe water heaters with,
I input less than 75;000 Btu/h
Heating equipment, electric central air
Heat pumps
Z211-1972
Z2Ma-l974
Z2I 19-1971
Z2l.19a.l972..
Z2M9b-l973..
Z21.I0.1.1974 .
Z2l.l0.1a-1975
1096
559..
Ferrous pipe and fittings:
Black & hot dipped zinc-coated (galvanized)
I welded ASTM A120-1972ar
and seamless steel pipe for ordinary uses WW-P.406D-1973
Electric-resistance welded coiled steel tubing for gas U .ASTM A539-1973
fuel oil lines.
Pipe threads B2.I-I968
Wrought steel & wrought iron pipe B36.1O-1970
Page 166
(4-1-90)
Title 25 Factory-Built Housing and Mobile Homes § ^^^^Q
Nonferrous pipe, tubing, and fittings:
Seamless copper water tube * ASTM 888-1972
Seamless copper tube for air conditioning h
refrigeration Aeld service ASTM B280.1973
Metal connectors for gas appliances !Z21.24-1973
Manually operated gas valves Z21.15-1974
Trailer standard for coated flexible metal gas connectors for exterior use lAPMO TSC 9-1972
Wrought seamless copper and copper alloy tube ASTM B25M971
Seamless copper pipe, standard size ASTM 842-1972,
WW.p.3nD-1962
Miscellaneous:
Air ducts 18M972
Flame tests of flame-resistant fabrics 214*1971
Tube fitting:s for flammable and combustible fluids and 109-1972
refrigeration service.
LPG containen and accessories ASME. DOT
Pigtails, expansion coils» and flexible hose connectors for 589-1973
liquefied petroleum gas
Roof jacks for trailer coaches 31M971
Relief valves and automatic sas shutoff Z21.22 1971
devices for hot water supply systems Z21i2a-1972
Z21.22b.l974
Automatic gas ignition systems & components Z21iO-1971
Z21.20a.1972
Z2l.a0b.l974
Automatic valves for gas appliances Z21.21-1974
Gas appliance thermostats Z2I.23-1971
mmim
Z21i3b.l974
Gas vents A131.2-1973...:. 441-1973
Factory-built chimneys A131.1-1971 103-1971
Factory-built fireplaces A131.3-I971 127-1971 GAL
Installation of oil burning equipment A95.M974 NFPA No. 31-
1974
Installation of gas appliances, gas piping
in buildings Z223.M974 NFPA No. 54-
1974
Resident type warm air heating and air conditioning NFPA No. 90 B-
1973
Tests for flammability of plastic materials for parts in 94-1974
devices and appliances.
Storage and handling of liquefied petroleum A106.M974 NFPA No. 58-1974
gas ^^^
280.703. Minimum Standards. pounds LP-Gas capacity), shall be installed on or in a compartment of
Heating, cooling and fuel burning appliances and systems in mobile any mobile home. ,,..
u u lu e fA f i^ ^ oiToii J^r,f^.-rr. f^ or,r^I,Vohl^ cf^nHcrHc (2) Constfuction of contamcrs. Contaiucrs shall be constructcd attd
homes shall be free of defects and shall conrorm to applicable standards , ,. ^ ., -r- ■ r t r. /-/-.. • 4--.u
, r l^ ■ ui 1 .u • -r A ■ fu- cf r^HorH rc^^ marked in accordance with specifications tor LP-Gas Containers oi the
in the following able unless otherwise specified m this standard. (See ^^^^ ^^ ^ . .^a^™ .u n i ^ /- . .r.^
* U.S. Department ofTransportation (DOT) or the Rules for Construction
■ '^ of Unfired Pressure Vessels, Section VIII, Division 1, ASME Boiler and
280.704. Fuel Supply Systems. Pressure Vessel Code. ASME Containers shall have a design pressure of
(a) LP-Gas system design and service line pressure. at least 312.5 psig. (i) Container supply systems shall be arranged for va-
(1 ) Systems shall be of the vapor-withdrawal type. por withdrawal only, (ii) Container openings for vapor withdrawal shall
(2) Gas, at a pressure not over 14 inches water column (1/2 psi), shall be located in the vapor space when the container is in service or shall be
be delivered from the system into the gas supply connection. provided with a suitable internal withdrawal tube which communicates
(b) LP-Gas Containers. with the vapor space in or near the highest point in the container when
(1 ) Maximum capacity. No more than two containers having an indi- it is mounted in service position, with the vehicle on a level surface. Con-
vidual water capacity of not more than 105 pounds (approximately 45 tainers shall be permanently and legibly marked in a conspicuous manner
Page 167 (4-1-90)
§4070
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
on the oiiitside to show the correct mounting position and the position of
the service outlet connection. The method of mounting in place shall be
such as to minimize the possibility of an incorrect positioning of the con-
tainer. I
(3) Lqcation of LP-Gas Containers and Systems, (i) LP-Gas Contain-
ers shalljnot be installed, nor shall provisions be made for installing or
storing any LP-Gas container, even temporarily, inside any mobile home
except for listed, completely self-contained hand torches, lanterns, or
similar Equipment with containers having a maximum water capacity of
not more than 2-1/2 pounds (approximately one pound LP-Gas capac-
ity), (ii) Containers, control valves, and regulating equipment, when in-
stalled, sjhall be mounted on the "A" frame of the mobile home, or in-
stalled in a compartment that is vaportight to the inside of the mobile
home and accessible only from the outside. The compartment shall be
ventilated at the top and bottom to facilitate diffusion of vapors. The com-
partment shall be ventilated with two vents having an aggregate area of
not less than two percent of the floor area of the compartment and shall
open unriCstricted to the outside atmosphere. The required vents shall be
equally distributed between the floor and ceiling of the compartment. If
the lower vent is located in the access door or wall, the bottom edge of
the vent shall be flush with the floor level of the compartment. The top
vent shall be located in the access door or wall with the bottom of the vent
not more than 12 inches below the ceiling level of the compartment. All
vents shall have an unrestricted discharge to the outside atmosphere. Ac-
cess doors or panels of compartments shall not be equipped with locks
or require special tools or knowledge to open, (iii) Permanent and remov-
able fuel] containers shall be securely mounted to prevent jarring loose,
slipping or rotating and the fastenings shall be designed and constructed
to withstand static loading in any direction equal to twice the weight of
the tank and attachments when filled with fuel, using a safety factor of
not less than four based on the ultimate strength of the material to be used.
(4) LP-Gas Container Valves and Accessories, (i) Valves in the as-
sembly of a two-cylinder system shall be arranged so that replacement
of containers can be made without shutting off the flow of gas to the
appliance(s). This provision is not to be construed as requiring an auto-
matic change-over device, (ii) Shutoff valves on the containers shall be
protected as follows, in transit, in storage, and while being moved into
final utilization by setting into a recess of the container to prevent possi-
bility of their being struck if container is dropped upon a flat surface, or
by ventilated cap or collar, fastened to the container, capable of with-
standing! a blow from any direction equivalent to that of a 30-pound
weight dropped 4 feet. Construction shall be such that the blow will not
be transnriitted to the valve, (iv) Regulators shall be connected directly to
the container shutoff valve outlets or mounted securely by means of a
support bracket and connected to the container shutoff valve or valves
with listed high pressure connections. If the container is permanently
mountedjthe connector shall be as required above or with a listed semi-ri-
gid tubing connector.
(5) LP{-Gas Safety Devices, (i) DOT containers shall be provided with
safety relief devices as required by the regulations of the U.S. Depart-
ment of Transportation. ASME containers shall be provided with relief
valves iniaccordance with Subsection 22 1 of the Standard for the Storage
and Handling of Liquefied Petroleum Gases (NFPA NO 58-1974; ANSI
Z106.1-1974). Safety relief valves shall have direct communication with
the vapor space of the vessel, (ii) The delivery side of the gas pressure
regulator! shall be equipped with a safety relief device set to discharge at
a pressure not less than two times and not more than three times the deliv-
ery pressure of the regulator, (iii) Systems mounted on the "A" frame as-
sembly shall be so located that the discharge from the safety relief de-
vices shall be into the open air and not less than three feet horizontally
from anyi opening into the mobile home below the level of such dis-
charge. (i|v) Safety relief valves located with liquefied petroleum gas con-
tainer compartments may be less than three feet from openings provided
the bottom vent of the compartment is at the same level or lower than the
bottom of any opening into the vehicle, or the compartment is not located
on the same wall plane as the opening(s) and is at least two feet horizon-
tally from such openings.
(6) LP-Gas System Enclosure and Mounting, (i) Housings and enclo-
sures shall be designed to provide proper ventilation at least equivalent
to that specified in 280.704(b)(3)(ii). (ii) Doors, hoods, domes, or por-
tions of housings and enclosures required to be removed or opened for
replacement of containers shall incorporate means for clamping them
firmly in place and preventing them from working loose during transit,
(iii) Provisions shall be incorporated in the assembly to hold the contain-
ers firmly in posidon and prevent their movement during transit, (iv)
Containers shall be mounted on a substantial support or a base secured
firmly to the vehicle chassis. Neither the container nor its support shall
extend below the mobile home frame.
(c) Oil Tanks.
(1) Installation. Oil tanks and listed automaUc pumps (oil lifters) in-
stalled for gravity flow of oil to heating equipment shall be installed so
that the top of the tank i s no higher than 8 feet above the appliance oi I con-
trol and the bottom of the tank is not less than 18 inches above the
appliance oil control and the bottom of the tank is not less than 18 inches
above the appliance oil control.
(2) Auxiliary Oil Storage Tank. Oil supply tanks affixed to a mobile
home shall be so located as to require fiUing and draining from the outside
and shall be in a place readily available for inspection. If the fuel supply
tank is located in a compartment of a mobile home, the compartment shall
be ventilated at the bottom to permit diffusion of vapors and shall be insu-
lated from the stnictural members of the body. Tanks so installed shall
be provided with an outside fill and vent pipe and an approved liquid lev-
el gage.
(3) Shutoff Valve. A readily accessible, approved manual shutoff
valve shall be installed at the ouflet of an oil supply tank. The valve shall
be installed to close against the supply.
(4) Fuel Oil Filters. All oil tanks shall be equipped with an approved
oil filter or strainer located downstream from the tank shutoff valve. The
fuel oil filter or strainer shall contain a sump with a drain for the entrap-
ment of water.
280.705. Gas Piping Systems.
(a) General. The requirements of this Section shall govern the instal-
lation of all fuel gas piping attached to any mobile home. The gas piping
supply system shall be designed for a pressure not exceeding 14 inch wa-
ter column (1/2 psi) and not less than 7 inch water column (1/4 psi). The
manufacturer shall indicate in his written installation instructions the de-
sign pressure limitafions for safe and effective operafion of the gas piping
system. None of the requirements listed in this section shall apply to the
piping supplied as a part of an appliance. All exterior openings around
piping, ducts, plenums or vents shall be sealed to resist the entrance of
rodents.
(b) Materials. All materials used for the installadon, extension, alter-
ation, or repair of any gas piping system shall be new and free from de-
fects or internal obstrucfions. It shall not be permissible to repair defects
in gas piping or fittings. Inferior or defecfive materials shall be removed
and replaced with acceptable material. The system shall be made of mate-
rials having a melting point of not less than 1 ,4505°F, except as provided
in 280.705(e). They shall consist of one or more of the materials de-
scribed in 280.705(b)(1) through (4).
(1) Steel or wrought-iron pipe shall comply with ANSI Standard
B36.1 0-1970 for Wrought-Steel and Wrought-Iron Pipe. Threaded
brass pipe in iron pipe sizes may be used. Threaded brass pipe shall com-
ply with Standard Sizes and SpecificaUons for Seamless Red Brass Pipe
(ASTM B43-66).
(2) Fittings for gas piping shall be wrought iron, malleable iron, steel,
or brass (containing not more than 75 percent copper).
(3) Copper tubing shall be annealed type. Grade K or L, conforming
to the Specificafions for Seamless Copper Water Tube (ASTM B88-72),
or shall comply with the Specifications for Seamless Copper Tube for Air
Page 168
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
§4070
Conditioning and Refrigeration Field Service, ASTM B280-73. When
used on systems designed for natural gas, such tubing shall be internally
tinned.
(4) Steel tubing shall have a minimum wall thickness of 0.032 inch for
tubing of 1/2 inch diameter and smaller and 0.049 inch for diameters 1/2
inch and larger. Steel tubing shall be constructed in accordance with
ASTM Specification for Electric-Resistance- Welded Coiled Steel Tub-
ing for Gas and Fuel Oil Lines (ASTM A539-73), and shall be externally
corrosion protected.
(c) Piping design. Each mobile home requiring fuel gas for any pur-
pose shall be equipped with a fuel gas piping system that is designed for
LP-Gas only or with a natural gas piping system acceptable for LP-Gas.
(1) Where fuel gas piping is to be installed in both portions of an ex-
pandable or multiple unit mobile home, the design and construction of
the crossover shall be as follows: (i) There shall be only one point of cros-
sover which shall be readily accessible from the exterior of the mobile
home, (ii) The connector between units shall be a Hsted type for exterior
use, sized in accordance with 280.705(d). (ii) The connection shall be
made by a hsted "quick disconnect" device which shall be designed to
provide a positive seal of the supply side of the gas system when such de-
vice is separated, (iv) The flexible connector and "quick disconnect" de-
vice shall be provided with protection from mechanical and impact dam-
age and located to minimize the possibility of tampering, (v) Suitable
protective coverings for the "quick disconnect" device, when separated,
shall be permanently attached to the device or flexible connector, (vi) A
3-inch by 1-3/4 inch minimum size tag made of etched, metal-stamped
or embossed brass, stainless steel, anodized or alclade aluminum not less
than 0.020 inch thick or other approved material (e.g., 0.005 inch plastic
laminates) shall be permanently attached on the exterior wall adjacent to
the access to the "quick disconnect" device. Each tag shall be legibly in-
scribed with the following information using letters no smaller than 1/4
inch high:
DO NOT USE TOOLS TO SEPARATE THE "QUICK-DISCON-
NECT" DEVICE.
(d) Gas Pipe Sizing. Gas piping systems shall be sized so that the pres-
sure drop to any appliance inlet connection from any gas supply connec-
tion, when all appliances are in operation at maximum capacity, is not
more than 0.5 inch water column as determined on the basis of test, or in
accordance with the following Table. When determining gas pipe sizing
in the table, gas shall be assumed to have a specific gravity of 0.65 and
rated at 1000 B.T.U. per cubic foot. The natural gas supply connection(s)
shall not be less than the size of the gas piping but shall not be smaller
than 3/4 inch nominal pipe size.
(e) Joints for Gas Pipe. All pipe joints in the piping system, unless
welded or brazed, shall be threaded joints that comply with ANSI Stan-
dard Pipe Threads (Except Dryseal) D2-1-1968. Right and left nipples
or couplings shall not be used. Unions, if used, shall be of ground joint
type. The material used for welding or breaking pipe connections shall
have a melting temperature in excess of 1,000° F.
(f) Joints for Tubing.
(1) Tubing joints shall be made with either a single or a double flare
of 45 degrees in accordance with S.A.E. Standard J533A or with other
hsted vibration-resistant fittings, or joints may be brazed with material
having a melting point exceeding 1 ,000° F. Metallic ball sleeve compres-
sion-type tubing fittings shall not be used.
Parti
Maximum Capacity of Different Sizes of Pipe and Tubing in Thousands of BTUs per Hour of Natural Gas for Gas Pressure of
0.5 Psig or Less and a Maximum Pressure Drop of 1/2 Inch Water Column
Irm Pipe Sizes
Tubing
Length in Feet
Length in Feet
ID.
10
20
30.
40 50 60 70
ao
90
100
O.D.
iO
20
30
40 50 eo
m
80
90
100
y/
43
29
24
20 18 16 15
14
13
12
%-
27
18
15
13 11 10
9
9
8
8
%' -
ss
65
52
45 40 36 33
31
29
27
Vt'
56
38
31
26 23 21
19
18
17
16
Ht
175
120
97
82 73 66 61
57
53
50
%•
113
78
62
S3 47 43
39
37
34
33
%•
360
250
200
170 151 138 125
118
110
103
y*'
197
136
109
93 83 75
69
64
60
57
\- —
680
465
375
320 285 260 240
220
215
195
%'
280
193
155
132 117 106
98
91
85
81
Part II
Maximum Capacity of Different Sizes of Pipe and Tubing in Thousands of BTUs per Hour of Undiluted
Liquefied Petroleum Gas
Based on a Maximum Pressure Drop of 1/2 Inch Water Column
IJD. 10
Vt' 67
%' 147
%' 275
%• 567
r 1071
Iron Pipe
Length m Feet
20 30 40 SO 60 70
46 37 31 28 25 23
101 81 70 62 56 51
189 152 129 114 103 96
393 315 267 237 217 196
732 590 504 448 409 378
Tilting
Length in Feet
ao
90
100
O.D.
W
20
30
40 50 60 70
30
90
100
21
20
19
%•
39
26
21
19 - - -
—
—
—
48
45
'12
%'
92
62
50
411 37 35 31
29
27
26
89
83
78
%'
199
131
107
90 79 72 67
62
59
55
185
173
162
%•
329
216
181
145 131 121 112
104
96
90
346
322
307
%'
501
346
277
233 196 187 164
155
146
138
Page 169
(4-1-90)
§4070!
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
LP-Cas System
This gas piping system is designed for use of liquefied petroleum gus
only.
DO NOT CONNECT NATURAL GAS TO THIS SYSTEM.
CONTAINER SHUTOFF VALVES SHALL BE CLOSED DURING
TRANSIT.
When connecting to lot outlet, use a listed
gas supply connector, for mobile homes, rated at
Q 100.000 Btuh
or more.
D 250,000 Btuh
Before turning on gas, make certain all gas connections have been
made tight, all appliance valves are turned off, and any unconnected
outlets are capped.
After turning on gas, test gas piping and connections to appliances for
leakage with soapy water or bubble solution, and light all pilots.
Combination LP-Cas and Natural Gas System
This gas piping system is designed for use of either liquefied
petroleum gas or natural gas.
NOTICE: BEFORE TURNING ON GAS BE CERTAIN APPLIANCES
ARE DESIGNED FOR THE GAS CONNECTED AND ARE
EQUIPPED WITH CORRECT ORIFICES. SECURELY CAP THIS
INLET WHEN NOT CONNECTED FOR USE.
When connecting to lot outlet, use a listed gas
supply connector, for mobile homes, rated at
D 100,000 Btuh
or more.
D 250,000 Btuh
Before turning on gas, make certain all gas connections have been made
tight, all appliance valves are turned off, and any unconnected outlets are
capped.
After turning on gas, test gas piping and connections to appliances for
leakage with soapy water or bubble solution, and light all pilots.
(2) Steel tubing joints shall be made with a double-flare in accordance
with SAE Standard J 533A.
(g) Pipe Joint Compound. Screw joints shall be made up tight with
listed pipe joint compound, insoluble in liquefied petroleum gas, and
shall be applied to the male threads only.
(h) Concealed Tubing. Tubing shall not be run inside walls, floors, par-
titions, or roofs. Where tubing passes through walls, floors, partitions,
roofs, oij similar installations, such tubing shall be protected by the use
of weather resistant grommets that shall snugly fit both the tubing and the
hole through which the tubing passes.
(i) Concealed Joints. Piping or tubing joints shall not be located in any
floor, wall partition, or similar concealed construction space.
(j) Location of gas supply connection.
(1) For LP-Gas-only systems the supply connection shall be located
at the "A" frame, container recess, or in the rear half of the total length
of the mobile home and within 24 inches from the left (road) side wall,
and should be as close practicable to a point 30 feet form the front of the
mobile home.
(2) For combination LP-Gas and natural gas systems, the natural gas
supply connection shall be located under the rear half of the total length
of the mobile home and within 24 inches of the left (road) side wall and
be located as close as practicable to a point 30 feet form the front of the
mobile home. The natural gas supply connection shall not be located be-
neath any exit door. An additional connection, if used, shall be located
at the "A" frame. The system shall be sized to provide adequate capacity
from either supply connection for natural gas.
(k) Identification of gas supply connections. Each mobile home
shall have permanently affixed to the exterior skin at or near each gas
supply connection or the end of the pipe, a tag of 3 inches by J -3/4 inches
minimum size, made of etched, metal-stamped or embossed brass, stain-
less steel, anodized or alclade aluminum not less than 0.020 inch thick,
or other approved material (e.g., 0.005 inch plastic laminates), which
reads (as appropriate) in accordance with one of the following label de-
signs depending upon the fuel used. The connector capacity indicated on
this tag shall be equal to or greater than the total Btuh rating of all in-
tended gas appliances.
(1) Gas supply connectors.
(1) LP-Gas. A listed LP-Gas flexible connector conforming to the
UL Standard for Pigtails, Expansion Coils and Flexible Hose Connectors
for LP-Gas (UL 569-1973) or equal shall be supplied when the fuel gas
piping system is designed for the use of LP-Gas and cylinder(s) and regu-
lator(s) are supplied.
(2) Appliance connections. All gas burning appliances shall be con-
nected to the fuel piping. Materials as provided in 280.705(b) or listed
appliance connectors shall be used. Listed appliance connectors when
used shall not run through walls, floors, ceilings or partitions. Connectors
Page 170
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
§4070
•
•
of aluminum shall not be used outdoors. A mobile home containing an
LPG or combination LP-natural-gas-system may be provided with a gas
outlet to supply exterior appliances when installed in accordance with the
following: (i) No portion of the completed installation shall project be-
yond the wall of the mobile home, (ii) The outlet shall be provided with
an approved "quick-disconnect" device, which shall be designed to pro-
vide a positive seal on the supply side of the gas system when the
appliance is disconnected. A shutoff valve shall be installed immediately
upstream of the quick-disconnect device. The complete device shall be
provided as part of the original installation, (iii) protective caps or plugs
for the "quick disconnect" device, when disconnected, shall be perma-
nently attached to the mobile home adjacent to the device, (iv) A tag shall
be permanently attached to the outside of the exterior wall of the mobile
home as close as possible to the gas supply connection. The tag shall indi-
cate the type of gas and the Btuh capacity of the outlet and shall be legibly
inscribed as follows:
THIS OUTLET IS DESIGNED FOR USE WITH GAS PORTA-
BLE APPLIANCES WHOSE TOTAL INPUT DO NOT EXCEED
BTUH. REPLACE PROTECTIVE COVERING OVER CON-
NECTOR WHEN NOT IN USE
(3) Valves. A shutoff valve shall be installed in the fuel piping at each
gas appliance inside the mobile home structure, upstream of the union or
connector in addition to any valve on the appliance and so arranged to be
accessible to permit servicing of the appliance and removal of its compo-
nents, and for shut-off in case of emergency. The shutoff valve shall be
located within 6 feet of a cooking appliance and within 3 feet of any other
appliance. A shutoff valve may serve more than one appliance if located
as required above, shutoff valves used in connection with gas piping shall
be of a type designed and listed for use in LP-Gas.
(4) Gas Piping system Openings. All openings in the gas piping sys-
tem shall be closed gas-tight with threaded pipe plugs or pipe caps.
(5) Electrical Ground. Gas piping shall not be used for an electrical
ground.
(6) Couplings. Pipe couplings and unions shall be used to join sections
of threaded piping. Right and left nipples or couplings shall not be used.
(7) Hangers and Supports. All gas piping shall be adequately sup-
ported by galvanized or equivalently protected metal straps or hangers
at intervals of not more than 4 feet, except where adequate support and
protection is provided by structural members. Solid-iron-pipe gas sup-
ply connection(s) shall be rigidly anchored to a structural member within
6 inches of the supply connection(s).
(8) Testing for Leakage, (i) Before appliances are connected, piping
systems shall stand a pressure of at least six inches mercury or three PSI
gage for a period of not less than ten minutes without showing any drop
in pressure. Pressure shall be measured with a mercury manometer or
slope gage calibrated so as to be read in increments of not greater than
one-tenth pound, or an equivalent device. The source of normal operat-
ing pressure shall be isolated before the pressure tests are made. Before
a test is begun, the temperature of the ambient air and of the piping shall
be approximately the same, and constant air temperature be maintained
throughout the test, (ii) After appliances are connected, the piping system
shall be pressurized to not less than 10 inches nor more than 14 inches
water column and the appliance connections tested for leakage with
soapy water or bubble solution.
280.706. Oil Piping Systems.
(a) General. The requirements of this section shall govern the installa-
tion of all liquid fuel piping attached to any mobile home. None of the
requirements listed in this Section shall apply to the piping in the
appliance(s).
(b) Materials. All materials used for the installation extension, alter-
ation, or repair, of any oil piping systems shall be new and free from de-
fects or internal obstructions. The system shall be made of materials hav-
ing a melting point of not less than 1,450°F, except as provided in
280.706(d) and (e). They shall consist of one or more of the materials de-
scribed in 2890.706(b)(1) through (4). (1) Steel or wrought-iron pipe
shall comply with American National Standard For Wrought-Steel or
Wrought-Iron Pipe, R36.10-1 970. Threaded copper or brass pipe in iron
pipe sizes may be used. (2) Fittings for oil piping shall be wrought iron,
malleable iron, steel, or brass (containing not more than 75 percent cop-
per). (3) Copper tubing shall be annealed type. Grade K or L conforming
to the Specifications for Seamless Copper Water Tube (ASTM B88-72),
or shall comply with the specifications for Seamless Copper Tube for Air
Conditioning and Refrigeration Field Service, ASTM B280-73. (4) Steel
tubing shall have a minimum wall thickness of 0.032 inch for diameters
up to 1/2-inch and 0.049 inch for diameters 1/2-inch and larger. Steel
tubing shall be constructed in accordance with the Specification for Elec-
tric-Resistance Welded Coiled Steel Tubing for Gas and Fuel Oil Lines
(ASTM A539-73) and shall be externally corrosion protected.
(c) Size of Oil Piping. The minimum size of all fuel tank piping con-
necting outside tanks to the appliance shall be no smaller than 3/80-inch
OD copper tubing or 1/4-inch IPS. If No. 1 fuel oil is used with a listed
automatic pump (fuel lifter), copper tubing shall be sized as specified by
the pump manufacturer.
(d) Joints for Oil Piping. All pipe joints in the piping system, unless
welded or brazed, shall be threaded joints which comply with American
National Standard for Pipe Threads (Except Dryseal), B2.1-1968. The
material used for brazing pipe connections shall have a melting tempera-
ture in excess of 1 ,000° F.
(e) Joints for Tubing. Joints in tubing shall be made with either a single
or double flare of the proper degree, as recommended by the tubing man-
ufacturer, by means of listed mbing fittings, or brazed with materials hav-
ing a melting point in excess of 1,000° F.
(f) Pipe joint compound. Threaded joints shall be made up tight with
listed pipe joint compound which shall be applied to the male threads
only.
(g) Couplings. Pipe couplings and unions shall be used to join sections
of threaded pipe. Right and left nipples or couplings shall not be used.
(h) Grade of piping. Fuel oil piping installed in conjunction with grav-
ity feed systems to oil heating equipment shall slope in a gradual rise up-
ward from a central location to both the oil tank and the appliance in order
to eliminate air locks.
(i) Strap hangers. All oil piping shall be adequately supported by gal-
vanized or equivalently protected metal straps or hangers at intervals of
not more than 4 feet, except where adequate support and protection is
provided by structural members. Solid-iron-pipe oil supply connec-
tion(s) shall be rigidly anchored to a structural member within 6 inches
of the supply connection(s).
(j) Testing for leakage. Before setting the system in operation, tank in-
stallations and piping shall be checked for oil leaks with fuel oil of the
same grade that will be burned in the appliance. No other material shall
be used for testing fuel oil tanks and piping. Tanks shall be filled to maxi-
mum capacity for the final check for oil leakage.
280.707. Heat Producing Appliances.
(a) Heat-producing appliances and vents, roof jacks and chimneys
necessary for their installation in mobile homes shall be listed or certified
by a nationally recognized testing agency for use in mobile homes.
(1) A mobile home shall be provided with a comfort heating system.
(i) When a mobile home is manufactured to contain a heating appliance,
the heating appliance shall be installed by the manufacturer of the mobile
home in compliance with applicable sections of this subpart, (ii) When
a mobile home is manufactured for field application of an external heat-
ing or combination heating/cooling appliance, preparation of the mobile
home for this external application shall comply with the applicable sec-
tions of this part.
(2) After the effective date specified herein gas and oil burning com-
fort heating appliances shall have a flue loss of not more than that speci-
fied below, and a thermal efficiency of not less than that specified in na-
tionally recognized standards. (See 280.703)
Page 171
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Maximum allowable
Effective date: flue loss
Jan. 1, 19,11 25 percent
Jan. ] , 1^76 30 percent
(b) Ij^uel-burning heat-producing appliances and refrigeration
applianqes, except ranges and ovens, shall be of the vented type and
vented to the outside.
(c) Fuel-burning appliances shall not be converted from one fuel to
another fuel unless converted in accordance with the terms of their listing
and the appliance manufacturer's instmctions.
(d) Performance Efficiency.
(1) AljJ automatic electric storage water heats shall have a standby loss
not exceeding 443 watts/meter- (4 watts/Ft-) of tank surface area effec-
tive January 1, 1 977. The method of test for standby loss shall be as de-
scribed in Section 4.3.1 of ANSI C72.1-72.
i
(2) All gas and oil-fired automatic storage water heaters shall have a
recovery efficiency, E, and a standby loss, S, as described below, effec-
tive January 1 , 1977. The method of test of E, and S shall be as described
in Section 2.7 of ANSI Z21. 10.1-1974. except that for oil-fired units,
CF=1.0,jQ=total gallons of oil consumed and H=total heating value of oil
in Btu/gallon.
Storage capacity Recovery Standby Loss
in gallons efficiency
Less than! 25 At least 75 percent Not more than 7.5 percent
25 up to 35 do Not more than 7 percent
35 or more do Not more than 8 percent
(e) Each space heating, cooling or combination heating and cooling
system s'hall be provided with at least one readily adjustable automatic
control for regulation of living space temperature. The control shall be
placed aiminimum of 3 feet from the vertical edge of the appliance com-
partment door. It shall be located on an exterior wall or on a wall separat-
ing the appliance compartment from a habitable room.
280.708J Clothes Dryers.
(a) Clothes dryers.
(1) Clothes dryers shall be exhausted to the outside by a moisture-lint
exhaust duct and termination fitting. Such termination fittings for gas
dryers shall be listed or certified as components of the dryer.
(2) A clothes dryer moisture-lint exhaust duct shall not be connected
to any other duct, vent or chimney.
(3) The exhaust duct shall not terminate beneath the mobile home.
(4) Moisture-lint exhaust ducts shall not be connected with sheet met-
al screws or other fastening devices which extend into the interior of the
I
duct.
(b) Gas clothes dryer. A mobile home may be provided with "stubbed
in" equipment at the factory to supply a gas clothes dryer for future instal-
lation by| the owner provided it complies with the following provisions:
(1) The "stubbed in" gas outlet shall be provided with a shutoff valve,
the outlet of which is closed by threaded pipe plug or cap.
(2) The "stubbed in" gas outlet shall be permanently labeled to identify
it for use only as the supply connection for a gas clothes dryer.
(3) A imoisture-lint exhaust duct system shall be roughed in by the
manufacturer at the time of original installation. The moisture-lint ex-
haust system shall comply with provisions of 280.708(a)(1) through (4).
(c) Electric clothes dryers. Electric clothes dryers shall be exhausted
to the outside in accordance with the appliance manufacturer's instruc-
tions. When a receptacle is installed to supply an electric clothes dryer
for future installation by the owner, the moisture-lint exhaust system
shall coniply with provisions of 280.708(a)(1) through (4).
280.709.! Installation of Appliances.
(a) The installation of each appliance shall conform to the terms of its
listing and the manufacturer's instructions. The installer shall leave the
manufacturer's instructions attached to the appliance. Every appliance
shall be secured in place to avoid displacement. For the purpose of servic-
ing and replacement, each appliance shall be both accessible and remov-
able.
(b) Heat-appliances shall be so located that no doors, drapes, or other
such material can be placed or/swing closer to the front of the appliance
than the clearances specified on the labeled appliances.
(c) Clearances between heat-producing appliances and adjacent sur-
faces shall not be less than specified in the terms of their listing. Clear-
ance spaces shall be framed in or guarded to prevent creation of storage
space within the clearance specified.
(d) All fuel-burning appliances, except ranges, ovens, illuminating
appliances, clothes dryers, solid fuel-burning fireplaces and solid fuel-
burning fireplace stoves, shall be installed to provide for the complete
separation of the combustion system from the interior atmosphere of the
mobile home. Combustion air inlets and flue gas outlets shall be listed or
certified as components of the appliance. The required separation may be
obtained by:
(1) The installation of direct vent system (sealed combustion system)
appliances, or
(2) The installation of appliances within enclosures so as to separate
the appliance combustion system and venting system from the interior at-
mosphere of the mobile home. There shall be any door, removable access
panel, or other opening into the enclosure from the inside of the mobile
home. Any opening for ducts, piping, wiring, etc., shall be sealed.
(e) A forced air appliance and its return-air system shall be designed
and installed so that negative pressure created by the air-circulating fan
cannot affect its or another appliance's combustion air supply or act to
mix products of combustion with circulation air.
(1) The air circulating fan of a furnace installed in an enclosure with
another fuel-burning appliance shall be operable only when any door or
panel covering an opening in the furnace fan compartment or in a return
air plenum or duct is in the closed position. This does not apply if both
appliances are direct vent system (sealed combustion system)
appliances.
(2) If a warm air appliance is installed within an enclosure to conform
to 280.709(d)(2), each warm-air outlet and each return air inlet shall ex-
tend to the exterior of the enclosure. Ducts, if used for that purpose, shall
not have any opening within the enclosure and shall terminate at a loca-
tion exterior to the enclosure.
(3) Cooling coils installed as a portion of, or in connection with, any
forced-air furnace shall be installed on the downstream side unless the
furnace is specially otherwise listed.
(4) An air conditioner evaporator section shall not be located in the air
discharge duct or plenum of any forced-air furnace unless the mobile
home manufacturer has complied with certification required in 280.511.
(5) If a cooling coil is installed with a forced-air furnace, the coil shall
be installed in accordance with its listing. When a furnace-coil unit has
a limited listing, the installation must be in accordance with that listing.
(6) When an external heating appliance or combination cooling/heat-
ing appliance is to be applied to a mobile home, the manufacturer shall
make provision for proper location of the connection to the mobile home
supply system and return air system of the external ducts connected to the
appliance.
(7) The installation of a self contained air conditioner comfort cooling
appliance shall meet the following requirements: (i) The installation on
a duct common with an installed heating appliance shall require the in-
stallation of an automatic damper or other means to prevent the cooled
air from passing through the heating appUance unless the heating
appliance is certified or listed for such application and the supply system
is intended for such an application, (ii) The installation shall prevent the
flow of heated air into the external cooling appliance and its connecting
ducts to the mobile home supply and return air system during the opera-
tion of the heating appliance installed in the mobile home, (iii) The instal-
lation shall prevent simultaneous operation of the heating and cooling
appliances.
(f) Vertical clearance above cooking top. Ranges shall have a vertical
clearance above the cooking top of not less than 24 inches, (see 280.204)
•
•
Page 172
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Title 25
Factory-Built Housing and Mobile Homes
§4070
(g) Solid fuel-burning factory-built fireplaces and fireplace stoves
listed for use in mobile homes may be installed in mobile homes provided
they and their installation conform to the following paragraphs. A fire-
place or fireplace stove shall not be considered as a heating facility for
determining compliance with Subpart F.
(1 ) A solid fuel-burning fireplace or fireplace stove shall be equipped
with integral door(s) or shutter(s) designed to close the fireplace or fire-
place stove fire chamber opening and shall include complete means for
venting through the roof, a combustion air inlet, a hearth extension, and
means to securely attach the fireplace or the fireplace stove to the mobile
home structure. The installation shall conform to the following para-
graphs (g)(1) (i) to (vii) inclusive: (i) A listed factory-built chimney de-
signed to be attached directly to the fireplace or fireplace stove shall be
used. The listed factory built chimney shall be equipped with and contain
as part of its listing a termination device(s) and a spark arrester(s). (ii) A
fireplace or fireplace stove, air intake assembly, hearth extension and the
chimney shall be installed in accordance with the terms of their listings
and their manufacturer's instructions, (iii) The combustion air inlet shall
conduct the air directly into the fire chamber and shall be designed to pre-
vent material from the hearth dropping onto the area beneath the mobile
home, (i v) The fireplace or fireplace stove shall not be installed in a sleep-
ing room, (v) Hearth extension shall be of noncombustible material not
less than 3/8-inch thick. The hearth shall extend at least 1 6 inches in front
of and at least 8 inches beyond each side of the fireplace or fireplace stove
opening. Furthermore the hearth shall extend over the entire surface be-
neath a fireplace stove and beneath an elevated or overhanging fireplace,
(vi) The label on each solid fuel-burning fireplace and solid fuel-burning
fireplace stove shall include the following wording: For use with solid
fuel only, (vii) The chimney shall extend at least three feet above the part
of the roof through which it passes and at least two feet above the highest
elevation of any part of the mobile home within 10 feet of the chimney.
Portions of the chimney and termination that exceed an elevation of
13-1/2 ft. above ground level may be designed to be removed for trans-
porting the mobile home.
280.710. Venting, Ventilation and Combustion Air.
(a) The venting as required by 280.707(b) shall be accomplished by
one or more of the methods given in (1) and (2) below:
(1 ) An integral vent system listed or certified as part of the appliance.
(2) A venting system consisting entirely of listed components, includ-
ing roof jack, installed in accordance with the terms of the appliance list-
ing and the appliance manufacturer's instructions.
(b) Venting and combustion air systems shall be installed in accor-
dance with the following:
(1) Component shall be securely assembled and properly aUgned us-
ing the method shown in the appliance manufacturer's instructions.
(2) Draft hood connectors shall be firmly attached to draft hood outlets
or flue collars by sheet metal screws or by equivalent effective mechani-
cal fasteners.
(3) Every joint of a vent, vent connector, exhaust duct and combustion
air intake shall be secure and in alignment.
(c) Venting systems shall not terminate underneath a mobile home.
(d) Venting system terminations shall be not less than three feet from
any motor-driven air intake discharging into habitable areas.
(e) The area in which cooking appliances are located shall be venti-
lated by a metal duct which may be single wall, not less than 1 2.5 square
inches in cross-sectional area (minimum dimension shall be two inches)
located above the appliance(s) and terminating outside the mobile home,
or by listed mechanical ventilating equipment discharging outside the
home, that is installed in accordance with the terms of listing and the
manufacturer's instructions. Gravity or mechanical ventilation shall be
installed within a horizontal distance of not more than ten feet from the
vertical front of the appliance(s).
(0 Mechanical ventilation which exhausts directly to the outside at-
mosphere from the living space of a home shall be equipped with an auto-
matic or manual damper. Operating controls shall be provided such that
mechanical ventilation can be separately operated without directly ener-
gizing other energy consuming devices.
280.711. Instructions.
Operating instructions shall be provided with each appliance. These
instructions shall include directions and information covering the proper
use and efficient operation of the appliance and its proper maintenance.
280.712. Marking.
(a) Information on clearances, input rating, lighting and shutdown
shall be attached to the appliances with the same permanence as the
nameplate, and so located that it is easily readable when the appliance is
properly installed or shutdown for transporting of mobile home.
(b) Each fuel-burning appliance shall bear permanent marking desig-
nating the type(s) of fuel for which it is listed.
280.713. Accessibility.
Every appliance shall be accessible for inspection, service, repair, and
replacement without removing permanent construction. Sufficient room
shall be available to enable the operator to observe the burner, control,
and ignition means while starting the appliance.
280.714. Appliances, Cooling.
(a) Every air conditioning unit or a combination air conditioning and
heating unit shall be listed or certified by a nationally recognized testing
agency for the application for which the unit is intended and installed in
accordance with the terms of its listing.
(I) Mechanical air conditioners shall be rated in accordance with the
Standard for Unitary Air-Conditioning Equipment (ARl Standard
210-74) and certified by ARI or other nationally recognized testing
agency capable of providing follow-up service, (i) Electric motor-dri-
ven unitary cooling systems with rated capacity less than 65,000 Btu/hr.
manufactured after the times indicated in the following table, when rated
at ARI Standard rating conditions as listed in ARI Standard 21 0-74, shall
show energy efficiency ratio (EER) values not less than as shown below:
Energy
efficiency
Date: ratio
Jan. 1, 1977 6.5
Jan. 1, 1980 7.2
(ii) Direct refrigerating systems serving any air conditioning or com-
fort-cooling system installed that ranks no lower than Group 5 in the Un-
derwriters' Laboratories, Inc. "Classification of Comparative Life Haz-
ard of Various Chemicals, (iii) Heat pumps shall be hsted in the ARI
Directory of Certified Unitary Heat Pumps or certified to comply with all
the requirements of the Standard for Unitary Heat Pumps 240-74. Elec-
tric motor-driven vapor compression heat pumps with supplemental
electrical resistance heat shall be sized to provide by compression at least
60 percent of the calculated annual heating requirement for the mobile
home being served. A control shall be provided and set to prevent opera-
tion of supplemental electrical resistance heat at outdoor temperatures
above 40° F. except for defrost operation, (iv) Electric motor-driven va-
por compression heat pumps with supplemental electric resistance heat
conforming to ARI Standard 240-74 manufactured after the dates indi-
cated in the table shall show coefficient of performance ratios not less
than shown below:
COP
Outdoor air temperature
Date
45°F 20°F 0°F
.Ian. 1, 1977 2.2 1.4 ... Permit shutoff
Jan, 1, 1980 2.5 1.7 1.0.
(2) Gas fired absorption air conditioners shall be listed or certified in
accordance with ANSI Standard Z21.40.1-1973 and certified by AGA
or another nationally recognized testing agency capable of providing
follow-up service.
(3) Direct refrigerating systems servicing any air conditioning or com-
fort-cooling system installed in a mobile home shall employ a type of re-
frigerant that ranks no lower than Group 5 in the Underwriters' Laborato-
Page 173
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ries, Inc. "Classification of Comparative Life Hazard of Various
Chemicals."
(b) Installation and instaictions.
(1) The installation of each appliance shall conform to the terms of its
listing as specified on the appliance and in the manufacturer's instmc-
tions. The installer shall include the manufacturer's installation instruc-
tions in the mobile home. Appliances shall be secured in place to avoid
displacement and movement from vibration and road shock.
(2) Operating instructions shall be provided with the appliance.
(c) Fuel-burning air conditioners shall also comply with 280.707.
(d) The appliance rating plate shall be so located that it is easily read-
able when the appliance is properly installed.
(e) Eyery installed appliance shall be accessible for inspection, ser-
vice, repair and replacement without removing permanent constmction.
280.715.] Circulating Air System.
(a) Supply system.
(I) Supply ducts and any dampers contained therein shall be made
from galyanized steel, tinplated steel, or aluminum, or shall be listed
Class 0, Class 1, or Class 2 air ducts. Class 2 air ducts shall be located at
least 3 teet from the furnace bonnet or plenum. A duct system integral
with the Istaicture shall be of durable construction that can be demon-
strated to! be equally resistant to fire and deterioration. Ducts constructed
from sheet metal shall be in accordance with the following table:
Minirnum metal thickness for ducts ^
Diameter Widtli
Duct type 14 in over
or less 14 in
0.013 0.016
016
019
Round
Enclosed rectangular 01 .
Exposed rectangular 016
'When "nominal" thickness are specified, 0.003 in. shall be added to these "mini-
mum" metal thicknesses.
j
(2) Sizing of ducts for heating, (i) Ducts shall be so designed that when
a labelled forced-air furnace is installed and operated continuously at its
normal heating air circulating rate in the mobile home, with all registers
in the full open position, the static pressure measured in the casing shall
not exceed 90% of that shown on the label of the apphance. For upflow
furnaces the static pressure shall be taken in the duct plenum. For external
heating o'r combination heating/cooling appliances the static pressure
shall be taken at the point used by the agency listing or certifying the
appliance, (ii) When an evaporator-coil specifically designed for the par-
ticular furnace is installed between the furnace and the duct plenum, the
total static pressure shall be measured downstream of the coil in accor-
dance with the appliance label and shall not exceed 90 percent of that
shown onithe label of the appliance, (iii) When any other listed air-cooler
coil is installed between the furnace and the duct plenum, the total static
pressure shall be measured between the furnace and the coil and it shall
not exceed 90 percent of that shown on the label of the furnace, (iv) The
minimum! dimension of any branch duct shall be at least 1-1/2 inches,
and of any main ducts, 2-1/2 inches.
(3) Sizing of ducts for air cooling, (i) The mobile home manufacturer
shall certify the capacity of the air cooling supply duct system for the
maximum allowable output of ARI certified central air conditioning sys-
tems. The, certification shall be at operating static pressure of 0.3 inches
of water o|r greater (see 280.51 1). (ii) The refrigerated air cooling supply
duct system including registers must be capable of handling at least 300
CFM per 10,000 btuh with a static pressure no greater than 0.3 inches of
water when measured at room temperature. In the case of application of
external self-contained comfort cooling appliances or the cooling mode
of combination heating/cooling appliances, either the external ducts be-
tween the appliance and the mobile home supply system shall be consid-
ered part of, and shall comply with the requirements for the refrigerated
air cooling supply duct system, or the connecting duct between the exter-
nal appliance and the mobile supply duct system shall be a part of the
listed appliance. The minimum dimension of any branch duct shall be at
least 1-1/2 inches, and of any main duct, 2-1/2 inches.
(4) Airtightness of supply duct systems. A supply duct system shall be
considered substantially airtight when the static pressure in the duct sys-
tem, with all registers sealed and with the furnace air circulator at high
speed, is at least 80 percent of the static pressure measured in the furnace
casing, with its outlets sealed and the furnace air circulator operating at
high speed. For the purpose of this paragraph and 280.715(b) pressures
shall be measured with a water manometer or equivalent device cali-
brated to read in increments not greater than 1/10 inch water column.
(5) Expandable or multiple mobile home connections, (i) An expand-
able or multiple mobile home may have ducts of the heating system in-
stalled in the various units. The points of connection must be so designed
and constructed that when the mobile home is fully expanded or coupled,
the resulting duct joint will conform to the requirements of this Part, (ii)
Installation instructions for supporting the cross-over duct from the mo-
bile home shall be provided for onsite installation. The duct shall not be
in contact with the ground.
(6) Air supply ducts shall be insulated with material having an effec-
tive thermal resistance (R) of not less than 4.0 unless they are within mo-
bile home insulation having a minimum effective value of R-4.0 for
floors or R-6.0 for ceilings.
(7) Supply and return ducts exposed directly to outside air, such as un-
der chassis crossover ducts connecting external heating, cooling or com-
bination heating/cooling appliances shall be insulated with material hav-
ing a minimum thermal resistance of R=4.0 with a continuous vapor
barrier having a perm rating of not more than 1 perm. Where exposed un-
derneath the mobile home, all such ducts shall comply with
280.715(a)(5)(ii).
(b) Return air systems.
(1) ReUim air openings. Provisions shall be made to permit the return
of circulating air from all rooms and living spaces, except toilet room(s),
the to circulating air supply inlet of the furnace.
(2) Duct Material. Return ducts and any diverting dampers contained
therein shall be in accordance with the following: (i) Portions of return
ducts directly above the heating surfaces or closer than 2 feet from the
outer jacket or casing of the furnace shall be constructed of metal in ac-
cordance with 280.7 1 5(a)( 1 ) or shall be Usted Class 0 or Class 1 air ducts,
(ii) Return ducts, except as required by (a) above, shall be constructed of
one-inch (nominal) wood boards (flame spread classification of not
more than 200), other suitable material no more flammable than one-
inch board or in accordance with 280.715(a)(1). (iii) The interior of com-
bustible ducts shall be lined with noncombustible material at points
where there might be danger from incandescent particles dropped
through the register or furnace such as directly under floor registers and
the bottom return, (iv) Factory made air ducts used for connecting exter-
nal heating, cooling or combination heating/cooling appliances to the
supply system and return air system of a mobile home shall be listed by
a nationally recognized testing agency. Ducts applied to external heating
appUances or combination heating/cooling appliances supply system
outlets shall be constructed of metal in accordance with 280.715(a)(1) or
shall be listed Class 0 or Class 1 air ducts for those portions of the duct
closer than 2 feet from the outer casing of the appliance, (v) Ducts applied
to external appliances shall be resistant to deteriorating environmental
effects, including but not Umited to ultra violet rays, cold weather, or
moisture and shall be resistant to insects and rodents.
(3) Sizing. The cross-sectional areas of the return air duct shall not be
less than 2 square inches for each 1 ,000 Btu per hour input rating of the
appliance. Dampers shall not be placed in a combination fresh air intake
and return air duct so arranged that the required cross-sectional area will
not be reduced at all possible positions of the damper.
(4) Permanent uncloseable openings. Living areas not served by return
air ducts or closed off from the return opening of the furnace by doors,
shding partitions, or other means shall be provided with permanent un-
closeable openings in the doors or separating partitions to allow circu-
Page 174
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Title 25
Factory-Built Housing and Mobile Homes
§4070
lated air to return to the furnace. Such openings may be grilled or loii-
vered. The net free area of each opening shall not be less than 1 square
inch for every 5 square feet of total living area closed off from the furnace
by the door or partition serviced by that opening. Undercutting doors
connecting the closed-off space may be used as a means of providing re-
turn air area. However, in the event that doors are undercut, they shall be
undercut a minimum of 2 inches and no more than 2-1/2 inches, and no
more than one half of the free air area so provided shall be counted as re-
turn air area.
(c) Joints and seams. Joints and seams of ducts shall be securely fas-
tened and made substantially airtight. Slip joints shall have a lap of at
least 1 inch and shall be individually fastened. Tape or caulking com-
pound may be used for sealing mechanically secure Joints. Where used,
tape or caulking compound shall not be subject to deterioration under
long exposures to temperatures up to 200°F and to conditions of high hu-
midity, excessive moisture, or mildew.
(d) Supports. Ducts shall be securely supported.
(e) Registers or grilles. Fittings connecting the registers or grilles to the
duct system shall be constructed of metal or material which complies
with the requirements of Class 1 or 2 ducts under Underwriters' Labora-
tories, Inc. Standard for Air Ducts, ULl 81 -1 972. Air supply terminal de-
vices (registers) when installed in kitchens, bedrooms and bathrooms
shall be equipped with adjustable closeable dampers. Registers or grilles
shall be constructed of metal or conform with the following:
(1) Be made of a material classified 94VE-0 or 94VE-1 when tested
as described in Underwriters' Laboratories, Inc. Standard for Tests for
Flammability of Plastic Materials for Parts in Devices and Appliances.
UL94-1974.
(2) Floor register or grilles shall resist without structural failure a 200
lb. concentrated load on a 2-inch diameter disc applied to the most criti-
cal area of the exposed face of the register or grille. For this test the regis-
ter or grille is to be at a temperature of not less than 165°F and is to be
supported in accordance with the manufacturer's instructions.
Subpart I. Electrical Systems
280.801. Scope.
(a) Subpart I of this Standard and Part A of Article 550 of the National
Electrical Code (NFPA No. 70-1975) cover the electrical conductors and
equipment installed within or on mobile homes and the conductors that
connect mobile homes to a supply of electricity.
(b) In addition to the requirements of this Standard and Article 550 of
the National Electrical Code (NFPA No. 70-1975), the applicable por-
tions of other Articles of the National Electrical Code shall be followed
covering electrical installations in mobile homes. Wherever the require-
ments of this Standard differ from the National Electrical Code, this Stan-
dard shall apply.
(c) The provisions of this Standard apply to mobile homes intended for
connection to a wiring system nominally rated 1 15/230 volts, 3-wire AC,
with grounded neutral.
(d) All electrical materials, devices, appliances, fittings and other
equipment shall be listed or labeled by a nationally recognized testing
agency and shall be connected in an approved manner when in service.
(e) Aluminum conductors are not acceptable in branch circuit wiring
in mobile homes except as specifically approved by the Department after
examination of proposed systems for individual cases.
280.802. Definitions.
(a) The following definitions are applicable to Subpart I only.
(1) "Accessible (i) (As Applied to Equipment)" means admitting close
approach because not guarded by locked doors, elevation, or other effec-
tive means (see "Readily Accessible"), (ii) (As Applied to Wiring Meth-
ods) means capable of being removed or exposed without damaging the
mobile home structure or finish, or not permanently closed-in by the
structure or finish of the mobile home (see "Concealed" and "Exposed").
(2) "Air Conditioning or Comfort Cooling Equipment" means all of
that equipment intended or installed for the purpose of processing the
treatment of air so as to control simultaneously its temperature, humidity,
cleanliness, and distribution to meet the requirements of the conditioned
space.
(3) (i) "Appliance" means utilization equipment, generally other than
industrial, normally built in standardized sizes or types, which is installed
or connected as a unit to perform one or more functions, such as clothes
washing, air conditioning, food mixing, deep frying, etc. (ii) "Appliance,
Fixed" means an appliance, "Portable" means an appliance which is ac-
tually moved or can easily be moved from one place to another in normal
use. For the purpose of this Standard, the following major appliances are
considered portable if cord-connected: refrigerators, clothes washers,
dishwashers without booster heaters, or other similar appliances, (iv)
"Appliance, Stationary" means an appliance which is not easily moved
from one place to another in normal use.
(4) "Attachment Plug (Plug Cap) (Cap)" means a device which, by in-
sertion in a receptacle, establishes connection between the conductors of
the attached flexible cord and the conductors connected permanently to
the receptacle.
(5) "Bonding" means the permanent joining of metallic parts to form
an electrically conductive path which will assure electrical continuity
and the capacity to conduct safely any current likely to be imposed.
(6) "Branch Circuif (i) means the circuit conductors between the final
overcurrent device protecting the circuit and the outlet(s). A device not
approved for branch circuit protection, such as a thermal cutout or motor
overload protective device, is not considered as the overcurrent device
protecting the circuit, (ii) "Branch Circuit-Appliance" means a branch
circuit supplying energy to one or more outlets to which appliances are
to be connected; such circuits to have no permanently connected lighting
fixtures not a part of an appliance, (iii) "Branch Circuit-General Pur-
pose" means a circuit that supplies a number of outlets for lighting and
appliances, (iv) "Branch Circuit-Individual" means a branch circuit that
supplies only one utilization equipment.
(7) "Cabinet" means an enclosure designed either for surface or flush
mounting, and provided with a frame, mat, or trim in which swinging
doors are hung.
(8) "Circuit Breaker" means a device designed to open and close a cir-
cuit by nonautomatic means, and to open the circuit automatically on a
predetermined overload of current without injury to itself when properly
applied within its rating.
(9) "Concealed" means rendered inaccessible by the structure or finish
of the mobile home. Wires in concealed raceways are considered con-
cealed, even though they become accessible by withdrawing them. (See
"Accessible (As Applied to Wiring Methods)")
(10) "Connector, Pressure (Solderiess)" means a device that esta-
blishes a connection between two or more conductors or between one or
more conductors and a terminal by means of mechanical pressure and
without the use of solder.
(11) "Dead Front (As Applied to Switches, Circuit-Breakers, Switch-
boards, and Distribution Panelboard)" means so designed, constructed,
and installed that no current-carrying parts are normally exposed on the
front.
(12) "Demand Factor" means a ratio of the maximum demand of a sys-
tem, or part of a system, to the total connected load of a system or the part
of the system under consideration.
(13) "Device" means a unit of an electrical system that is intended to
carry but not utilize electrical energy.
(14) "Disconnecting Means" means a device, or group of devices, or
other means by which the conductors of a circuit can be disconnected
from their source of supply.
(1 5) "Distribution Panelboard" means a single panel or a group of pan-
el units designed for assembly in the form of a single panel, including
buses, and with or without switches or automatic overcurrent protective
devices or both, for the control of light, heat, or power circuits of small
individual as well as aggregate capacity; designed to be placed in a cabi-
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net placed in or against a wall or partition and accessible only from the
front. !
(16)' Enclosed" means surrounded by a case that will prevent a person
from accidentally contacting live parts.
(17) 'Equipment" means a general term, including material, fittings,
devices, appliances, fixtures, apparatus, and the like used as a part of, or
in connection with, an electrical installation.
(18) "Exposed" (i) (As Applied to Live Parts) means capable of being
inadvertently touched or approached nearer than a safe distance by a per-
son. It is applied to parts not suitably guarded, isolated, or insulated. (See
"Accessible" and "Concealed.") (ii) (As Applied to "Wiring Method")
means on or attached to the surface or behind panels designed to allow
access. (iSee "Accessible (As Applied to wiring Methods)")
(19) "Externally Operable" means capable of being operated without
exposing the operator to contact with live parts.
(20) "Feeder Assembly" means the overhead or under-chassis feeder
conductors, including the grounding conductor together with the neces-
sary fittings and equipment, or a power supply cord approved for mobile
home use, designed for the purpose of delivering energy from the source
of electrical supply to the distribution panelboard within the mobile
home. I
(21) "Fitting" means an accessory, such as a locknut, bushing, or other
part of a| wiring system, that is intended primarily to perform a mechani-
cal rather than an electrical function.
(22) "pround" means a conducting connection, whether intentional or
accidental, between an electrical circuit or equipment and earth, or to
some conducting body that serves in place of the earth.
(23) ''Grounded" means connected to earth or to some conducting
body that serves in place of the earth.
(24) "|Grounded Conductor" means a system or circuit conductor that
is intentionally grounded.
(25) I'Grounding Conductor" means a conductor used to connect
equipment or the grounded circuit of a wiring system to a grounding elec-
trode or lelectrodes.
(26) "jGuarded" means covered, shielded, fenced, enclosed, or other-
wise protected by means of suitable covers, casings, barriers, rails,
screens, Imats or platforms to remove the likelihood of approach or con-
tact by persons or objects to a point of danger.
(27) "Isolated" means not readily accessible to persons unless special
means for access are used.
(28) "Laundry Area" means an area containing or designed to contain
either a laundry tray, clothes washer and/or clothes dryer.
(29) "Lighting Outlet" means an outlet intended for the direct connec-
tion of a|lampholder, a lighting fixture, or a pendant cord ternunating in
a lampholder.
(30) "Mobile Home Accessory Building or Structure" means by aw-
ning, cabana, ramada, storage cabinet, carport, fence, windbreak or
porch established for the use of the occupant of the mobile home upon
a mobile home lot.
(31) 'iMobile Home Service Equipment" means the equipment con-
taining the disconnecting means overcurrent protective devices, and re-
ceptacles or other means for connecting a mobile home feeder assembly.
(32) "Outlet" means a point on the wiring system at which current is
taken to jsupply utilization equipment.
(33) 'iPanelboard" means a single panel or group of panel units de-
signed few assembly in the form of a single panel; including buses, auto-
matic oviercurrent protective devices, and with or without switches for
the control of light, heat, or power circuits; designed to be placed in a cab-
inet or ciitout box placed in or against a wall or partition and accessible
only from the front.
(34) "Raceway" means any channel for holding wires, cables, or bus-
bars that; is designed expressly for, and used solely for, this purpose.
Raceways may be of metal or insulating material, and the term includes
rigid metal conduit, rigid nonmetallic conduit, flexible metal conduit,
electrical metallic tubing, underfloor raceways, cellular concrete floor
raceways, cellular metal floor raceways, surface raceways, structural
raceways, wireways, and busways.
(35) "Raintight" means so constructed or protected that exposure to a
beating rain will not result in the entrance of water.
(36) "Readily Accessible" means capable of being reached quickly for
operation, renewal, or inspection, without requiring those to whom ready
access is requisite to climb over or remove obstacles or to resort to porta-
ble ladders, chairs, etc. (See "Accessible")
(37) "Receptacle" means a contact device installed at an outlet for the
connection of a single attachment plug. A single receptacle is a single
contact device with no other contact device on the same yoke. A multiple
receptacle is a single device containing two or more receptacles.
(38) "Receptacle Outlet" means an outlet where one or more recep-
tacles are installed.
(39) "Utilization Equipment" means equipment which utilizes electric
energy for mechanical, chemical, heating, lighting, or similar purposes.
(40) "Voltage (of a Circuit)" means the greatest root-mean-square
(effective) difference of potential between any two conductors of the cir-
cuit concerned. Some systems, such as 3-phase 4-wire, single-phase
3-wire, and 3-wire direct current may have various circuits of various
voltages.
(41) "Weatherproof means so constructed or protected that exposure
to the weather will not interfere with successful operation. Rainproof,
raintight, or watertight equipment can fulfill the requirements for weath-
erproof where varying weather conditions other than wetness, such as
snow, ice, dust, or temperature extremes, are not a factor.
280.803. Power Supply.
(a) The power supply to the mobile home shall be a feeder assembly
consisting of not more than one listed 50 ampere mobile home power-
supply cords, or a permanently installed circuit. A mobile home that is
factory-equipped with gas or oil-fired central heating equipment and
cooking appliances shall be permitted to be provided with a listed mobile
home power-supply cord rated 40 amperes.
(b) If the mobile home has a power supply cord, it shall be permanently
attached to the distribution panelboard or to a junction box permanently
connected to the distribution panelboard, with the free end terminating
in an attachment plug cap.
(c) Cords with adapters and pigtail ends, extension cords, and similar
items shall not be attached to, or shipped with, a mobile home.
(d) A listed clamp or the equivalent shall be provided at the distribution
panelboard knockout to afford strain relief for the cord to prevent strain
from being transmitted to the terminals when the power-supply cord is
handled in its intended manner.
(e) The cord shall be of an approved type with four conductors, one of
which shall be identified by a continuous green color or a continuous
green color with one or more yellow stripes for use as the grounding con-
ductor.
(f) The attachment plug cap shall be a 3-pole, 4-wire grounding type,
rated 50 amperes, 125/250 volts with a configuration as shown herein and
intended for use with the 50-ampere, 125/250 receptacle configuration
shown. It shall be molded of butyl rubber, neoprene, or other approved
materials which have been found suitable for the purpose, and shall be
molded to the flexible cord so that it adheres tightly to the cord at the point
where the cord enters the attachment-plug cap. If a right-angle cap is
used, the configuration shall be so oriented that the grounding member
is farthest from the cord.
(g) The overall length of a power supply cord, measured from the end
of the cord, including bared leads, to the face of the attachment-plug cap
shall not be less than 21 feet and shall not exceed 36-1/2 feet. The length
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of cord from the face of the attachment-plug cap to the point where the
cord enters the mobile home shall not be less than 20 feet.
Receptacle
50-aiiipere 125/250 volt receptacle and attachment-plug-cap-con figurations,
3 pole, 4-wire grounding types used for mobile home supply cords and mobile
home parks. Complete details of the 50-ampere cap and receptacle can be found
in the American National Standard Dimensions of Caps, Plugs and Receptacles,
Grounding Type (ANSI C73. 17-1 972).
(h) The power-supply cord shall bear the following marking: "For use
with mobile homes — 40 amperes" or "For use with mobile homes — 50
amperes."
(i) The point of entrance of the feeder assembly to the mobile home
shall be in the exterior wall, floor, or roof, in the rear third section (away
from the coupler), of the mobile home.
(j) Where the cord passes through walls or floors, it shall be protected
by means of conduit and bushings or equivalent. The cord may be in-
stalled within the mobile home walls, provided a continuous raceway is
installed from the branch-circuit panelboard to the underside of the mo-
bile home floor. The raceway may be rigid conduit, electrical metallic
tubing or polyethylene (PE), poly-vinylchloride (PVC) or acrylonitrile-
butadiene-styrene (ABS) plastic tubing having a minimum wall thick-
ness of nominal 1/8 inch.
(k) Permanent provisions shall be made for the protection of the at-
tachment-plug cap of the power supply cord and any connector cord as-
sembly or receptacle against corrosion and mechanical damage if such
devices are in an exterior location while the mobile home is in transit.
(/) Where the calculated load exceeds 50 amperes or where a perma-
nent feeder is used, the supply shall be by means of.
(1 ) One mast weatherhead installation installed in accordance with Ar-
ticle 230 of the National Electrical Code NFPA No. 70-1975 containing
four continuous insulated, color-coded feeder conductors, one of which
shall be an equipment grounding conductor; or
(2) An approved raceway from the disconnecting means in the mobile
home to the underside of the mobile home with provisions for the attach-
ment of a suitable junction box or fitting to the raceway on the underside
of the mobile home. The manufacturer shall provide in his written instal-
lation instructions, the proper feeder conductor sizes for the raceway and
the size of the junction box to be used.
280.804. Disconnecting Means and Branch-Circuit Protective
Equipment.
(a) The branch-circuit equipment shall be permitted to be combined
with the disconnecting means as a single assembly. Such a combination
shall be permitted to be designated as a distribution panelboard. If a fused
distribution panelboard is used, the maximum fuse size of the mains shall
be plainly marked with lettering at least 1/4— inch high and visible when
fuses are changed. See Section 1 10-22 of the National Electrical Code
(NFPA No. 70-1975) concerning identification of each disconnecting
means and each service, feeder, or branch circuit at the point where it
originated and the type marking needed.
(b) Plug fuses and fuseholders shall be tamper-resistant. Type "S," en-
closed in dead-front fuse panelboards. Electrical distribution panels con-
taining circuit breakers shall also be dead-front type.
(c) Disconnecting means. A single disconnecting means shall be pro-
vided in each mobile home consisting of a circuit breaker, or a switch and
fuses and their accessories installed in a readily accessible location near
the point of entrance of the supply cord or conductors into the mobile
home. The main circuit breakers or fuses shall be plainly marked "Main."
This equipment shall contain a solderless type of grounding connector or
bar for the purposes of grounding with sufficient terminals for all ground-
ing conductors. The neutral bar termination of the grounded circuit con-
ductors shall be insulated.
(d) The disconnecting equipment shall have a rating suitable for the
connected load. The distribution equipment, either circuit breaker or
fused type, shall be located a minimum of 24 inches from the bottom of
such equipment to the floor level of the mobile home. There shall be a
label attached to the panelboard stating: This Panelboard shall be con-
nected by a Feeder Assembly having Overcurrent Protection rated at not
more than Amperes. The correct ampere rating shall be marked
in a blank space.
(e) A distribution panelboard employing a main circuit breaker shall
be rated 50 amperes and employ a 2-pole circuit breaker rated 40 am-
peres for a 40-ampere supply cord, or 50 amperes for a 50-ampere sup-
ply cord. A distribution panelboard employing a disconnect switch and
fuses shall be rated 60 amperes and shall employ a single 2-pole. 60-am-
pere fuseholder with 40- or 50-ampere main fuses for 40- or 50-ampere
supply cords, respectively. The outside of the distribution panelboard
shall be plainly marked with the fuse size.
(f) The distribution panelboard shall not be located in a bathroom, or
in any other inaccessible location, but shall be permitted just inside a
closet entry if the location is such that a clear space of 6 inches to easily
ignitable materials is maintained in front of the distribution panelboard,
and the distribution panelboard door can be extended to its full open posi-
tion (at least 90 degrees). A clear working space at least 30 inches wide
and 30 inches in front of the distribution panelboard shall be provided.
This space shall extend from floor to the top of the distribution panel-
board.
(g) Branch-circuit distribution equipment shall be installed in each
mobile home and shall include overcurrent protection for each branch
circuit consisting of either circuit breakers or fuses.
(1) The branch circuit overcurrent devices shall be rated: (i) not more
than the circuit conductors; and (ii) not more than 1 50 percent of the rat-
ing of a single appliance rated 10 amperes or more which is supplied by
an individual branch circuit; but (iii) not more than the fuse size marked
on the air conditioner or other motor-operated appliance.
(h) A 15-ampere multiple receptacle shall be acceptable when con-
nected to a 20-ampere laundry circuit.
(i) When circuit breakers are provided for branch-circuit protection,
230-volt circuits shall be protected by 2-pole common or companion
trip, or handle-tied paired circuit breakers.
(j) A metal nameplate on the outside adjacent to the feeder assembly
entrance shall read: This Connection for 120/240 Volt, 3-Pole, 4-Wire,
60 Hertz Ampere Supply. The correct ampere rating shall be
marked in the blank space.
280.805. Branch Circuits Required.
(a) The number of branch circuits required shall be determined in ac-
cordance with the following:
(1 ) Lighting. Based on 3 watts per square foot times outside dimen-
sions of the mobile home (coupler excluded) divided by 1 15 volts times
amperage to determine number of 15-or 20-ampere lighting area cir-
cuits, e.g..
3 X Length X
Wi^^Sxl5(or20)
= No. of 15 (or 20) ampere circuits
(2) Portable appliances. For the small appliance load in kitchen, pan-
try, family room, dining room and breakfast rooms of mobile homes, two
or more 20-ampere appliance branch circuits, in addition to the branch
circuit specified in 280.805(a)( 1 ), shall be provided for all receptacle out-
lets in these rooms, and such circuits shall have no other outlets. Recep-
tacle outlets supplied by at least two appliance receptacle branch circuits
shall be installed in the kitchen.
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(3) General appliances (Including furnace, water heater, range, and
central or room air conditioner, etc.). There shall be one or more cir-
cuits of adequate rating in accordance with the following: (i) Ampere rat-
ing of fixed appliances not over 50 percent of circuit rating if lighting out-
lets (receptacles, other than kitchen, dining area, and laundry, considered
as lighting outlets) are on the same circuits; (ii) For fixed appliances on
a circuit without lighting outlets, the sum of rated amperes shall not ex-
ceed the branch-circuit rating for other than motor loads or 80 percent
of the branch-circuit rating for air conditioning or other motor loads; (iii)
The ratirig of a single portable appliance on a circuit having no other out-
lets shall not exceed 80 percent of the circuit rating: (iv) the rating of
range branch circuit shall be based on the range demand as specified for
ranges in 280.81 1. Item B(5) of Method 1. For central air conditioning,
see^Article 440 of the National Electrical Code (NFPA No. 70-1975).
Where laundry facilities are provided in a mobile home, a 20-ampere
branch circuit shall be provided within 6 feet of the intended location of
the appliance. (See 280.804(i).
280.806. Receptacle Outlets.
(a) All receptacle outlets shall be:
(1) Of grounding type:
(2) Installed according to Section 210-7 of the National Electrical
Code (NFPA No. 70-1975) and
< (3) Except when supplying specific appliances, be parallel-blade,
15-ampere, 125-volt, either single or duplex.
(b) All 120 volt single phase, 15 and 20 ampere receptacle outlets, in-
cluding receptacles in light fixtures, installed outdoors and in bathrooms
shall have ground-fault circuit protection for personnel. Feeders supply-
ing branch circuits may be protected by a ground-fault circuit interrupter
in lieu of the provision for such interrupters specified above.
(c) There shall be an outlet of the grounding type for each cord-con-
nected fixed appliance installed.
(d) Receptacle outlets required. Except in the bath and hall areas, re-
ceptacle outlets shall be installed at wall spaces 2 feet wide or more, so
that no point along the floor line is more than 6 feet, measured horizontal-
ly, from an outlet in that space. In addition, a receptacle outlet shall be
installed:
(1) Over or adjacent to counter tops in the kitchen (at least one on each
side of the sink if counter tops are on each side and 1 2 inches or over in
width).
(2) Adjacent to the refrigerator and free-standing gas-range space.
(3) At counter top spaces for built-in vanities.
(4) At counter top spaces under wall-mounted cabinets.
(5) In the wall, at the nearest point where a bar type counter attaches
to the wall.
(6) In the wall at the nearest point where a fixed room divider attaches
to the wall.
(7) In laundry area.
(8) At least one receptacle outlet shall be installed outdoors. Recep-
tacle outlets located in compartments accessible from outdoors shall be
considered outdoor receptacles and shall be protected as required in
280.806(b).
(9) Adjacent to bathroom basins or integral with the light fixture over
the bathroom basin.
(10) Receptacle outlets are not required in the following locations: (i)
wall space occupied by built-in kitchen or wardrobe cabinets, (ii) wall
space behind doors which may be opened fully against a wall surface, (iii)
room dividers of the lattice type, less than 8 feet long, not solid within 6
inches of the floor, (iv) wall space afforded by bar type counters.
(e) Receptacle outlets shall not be installed in or within reach (30 in-
ches) of a shower or bathtub space.
(0 Receptacle outlets shall not be installed above electric baseboard
heaters. '
280.807. Fixtures and Appliances.
(a) Electrical materials, devices, apphances, fittings, and other equip-
ment installed, intended for use in, or attached to the mobile home shall
be approved for the application and shall be connected in an approved
manner when in service. Facilities shall be provided to securely fasten
appliances when the mobile home is in transit. (See 280.809.)
(b) Specifically listed pendant-type fixtures or pendant cords shall be
permitted in mobile homes.
(c) If a lighting fixture is provided over a bathtub or in a shower stall,
it shall be of the enclosed and gasketed type, listed for wet locations.
(d) The switch for shower lighting fixtures and exhaust fans located
over a tub or in a shower stall shall be located outside the tub shower
space. (See 280.806(e))
(e) Any combustible wall or ceiling finish exposed between the edge
of a fixture, canopy, or pan and an outlet box shall be covered with non-
combustible material.
(f) Every appliance shall be accessible for inspection, service, repair,
or replacement without removal of permanent construction.
280.808. Wiring Methods and Materials.
(a) Except as specifically limited in this Part, the wiring methods and
materials specified in the National Electrical Code (NFPA No. 70-1 975)
shall be used in mobile homes.
(b) Nonmetallic outlet boxes shall be acceptable only with nonmetallic
cable.
(c) Nonmetallic cable located 15 inches or less above the floor, if ex-
posed, shall be protected from physical damage by covering boards,
guard strips, or conduit. Cable likely to be damaged by stowage shall be
so protected in all cases.
(d) Nonmetallic sheathed cable shall be secured by staples, straps, or
similar fittings so designed and installed as not to injury any cable. Cable
shall be secured in place at intervals not exceeding 4-1/2 feet and within
12 inches from every cabinet, box or fitting.
(e) Metal-clad and nonmetallic cables shall be permitted to pass
through the centers of the wide side of 2-inch by 4-inch studs. However,
they shall be protected where they pass through 2-inch by 2-inch studs
or at other studs or frames where the cable or armor would be less than
1-1/2 inches from the inside or outside surface of the studs when the wall
covering materials are in contact with the studs. Steel plates on each side
of the cable, or a tube, with not less than No. 1 6 MSG wall thickness shall
be required to protect the cable. These plates or tubes shall be securely
held in place.
(f) Where metallic faceplates are used they shall be effectively
grounded.
(g) If the range, clothes dryer, or similar appliance is connected by me-
tal-clad cable of flexible conduit, a length of not less than three feet or
free cable or conduit shall be provided to permit moving the appliance.
Type NM or Type SE cable shall not be used to connect a range ore a dry-
er. This shall not prohibit the use of Type NM or Type SE cable between
the branch circuit overcurrent protective device and a junction box or
range or dryer receptacle.
(h) Threaded rigid metal conduit shall be provided with a locknut in-
side and outside the box, and a conduit bushing shall be used on the in-
side. Rigid nonmetaUic conduit shall be permitted. Inside ends of the con-
duit shall be reamed.
(i) Switches shall be rated as follows:
(1) For lighting conduits, switches shall have a 10-ampere, 120-125
volt rating; or higher if needed for the connected load.
(2) For motors or other loads, switches have ampere or horsepower rat-
ings, or both, adequate for loads controlled. (An "AC general-use" snap
switch shall be permitted to control a motor 2 horsepower or less with
full-load current not over 80 percent of the switch ampere rating).
(j) At least 4 inches of free conductor shall be left at each outlet box
except where conductors are intended to loop without joints.
(k) When outdoor or under-chassis line-voltage wiring is exposed to
moisture or physical damage, it shall be protected by rigid metal conduit.
The conductors shall be suitable for wet locations. Electrical metallic
tubing may be used when closely routed against frames and equipment
enclosures.
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(/) The cables or conductors shall be Type NMC, TW, or equivalent.
(m) Outlet boxes of dimensions less than those required in Table
370-6(a) of the National Electrical Code (NFPA No. 70-1975), shall be
permitted provided the box has been tested and approved for the purpose.
(n) Boxes, fittings and cabinets shall be securely fastened in place, and
shall be supported from a structural member of the home, either directly
or by using a substantial race. Snap-in type boxes provided with special
wall or ceiling brackets that securely fasten boxes in walls or ceilings
shall be permitted.
(0) Outlet boxes shall fit closely to openings in combustible walls and
ceilings, and they shall be flush with such surfaces.
(p) Appliances having branch-circuit terminal connections which op-
erate at temperatures higher than 60*^ C (140° F) shall have circuit con-
ductors as described in paragraph (p)(l) and (2) of this section:
(1) Branch-circuit conductors having an insulation suitable for the
temperature encountered shall be permitted to run directly to the
appliance.
(2) Conductors having an insulation suitable for the temperature en-
countered shall be run from the appliance terminal connections to a readi-
ly accessible outlet box placed at least one foot from the appliance. These
conductors shall be in a suitable raceway which shall extend for at least
4 feet.
280.809. Grounding.
(a) General. Grounding of both electrical and nonelectrical metal
parts in a mobile home shall be through connection to a grounding bus
in the mobile home distribution panelboard. The grounding bus shall be
grounded through the green-colored conductor in the supply cord or the
feeder wiring to the service ground in the service-entrance equipment lo-
cated adjacent to the mobile home location. Neither the frame of the mo-
bile home nor the frame of any appliance shall be connected to the neutral
conductor in the mobile home.
(b) Insulated neutral.
(1) The grounded circuit conductor (neutral) shall be insulated from
the grounding conductors and from equipment enclosures and other
grounded parts. The grounded (neutral) circuit terminals in the distribu-
tion panelboard and in ranges, clothes dryers, counter-mounted cooking
units, and wall-mounted ovens shall be insulated from the equipment en-
closure. Bending screws, straps, or buses in the distribution panelboard
or in appliances shall be removed and discarded.
(2) Connection of ranges and clothes dryers with 115/230-volt,
3- wire ratings shall be made with 4— conductor cord and 3-pole, 4-wire
grounding type plugs, or by Type AC metal-clad cable or conductors en-
closed in flexible metal conduit. For 1 15-volt rated devices, a 3-conduc-
tor cord and a 2-pole, 3-wire grounding-type plug shall be permitted.
(c) Equipment grounding means.
(1 ) The green-colored grounding wire in the supply cord or permanent
feeder wiring shall be connected to the grounding bus in the distribution
panelboard or disconnecting means.
(2) In the electrical system, all exposed metal parts, enclosures,
frames, lamp fixture canopies, etc., shall be effectively bonded to the
grounding terminal or enclosure of the distribution panelboard.
(3) Cord-connected appliances, such as washing machines, clothes
dryers, refrigerators, and the electrical system of gas ranges, etc., shall be
grounded by means of an approved cord with grounding conductor and
grounding-type attachment plug.
(d) Bonding of noncurrent-carrying metal parts.
( 1 ) All exposed noncurrent carrying metal parts that may become ener-
gized shall be effectively bonded to the grounding terminal or enclosure
of the distribution panelboard. A bonding conductor shall be connected
between each distribution panelboard and an accessible terminal on the
chassis.
(2) Grounding terminals shall be of the solderless type and approved
as pressure-terminal connectors recognized for the wire size used. Star
washers or other approved paint-penetrating fitting shall be used to bond
terminals to chassis or other coated areas. The bonding conductor shall
be solid or stranded, insulated or bare, and shall be No. 8 copper mini-
mum or equal. The bonding conductor shall be routed so as not to be ex-
posed to physical damage. Protection can be afforded by the configura-
tion of the chassis.
(3) Metallic gas, water and waste pipes and metallic air-circulating
ducts shall be considered bonded if they are connected to the terminal on
the chassis (see 280.809) by clamps, solderless connectors, or by suitable
grounding-type straps.
(4) Any metallic roof and exterior covering shall be considered
bonded if (!) the metal panels overlap one another and are securely at-
tached to the wood or metal frame parts by metallic fasteners, and (ii) if
the lower panel of the metallic exterior covering is secured by metallic
fasteners at a cross member of the chassis by two metal straps per mobile
home unit or section at opposite ends. The bonding strap material shall
be a minimum of 4 inches in width of material equivalent to the skin or
a material of equal or better electrical conductivity. The straps shall be
fastened with paint-penetrating fittings (such as screws and star washers
or equivalent).
280.810. Electrical Testing.
(a) Dialectric Strength Test. The wiring of each mobile home shall be
subjected to a 1-minute, 900-volt dielectric strength test (with all
switches closed) between live parts (including neutral) and the mobile
home ground. Alternatively, the test may be performed at 1 ,080 volts for
1 second. This test shall be performed after branch circuits are complete
and after fixtures or appliances are installed. Fixtures or appliances
which are listed shall not be required to withstand the dielectric strength
test.
(b) Each mobile home shall be subjected to: (I) A continuity test to as-
sure that metallic parts are properly bonded. (2) Operational test to dem-
onstrate that all equipment is connected and in working order and (3) Po-
larity checks to determine that connections have been properly made.
280.811. Calculations.
(a) The following method shall be employed in computing the supply-
cord and distribution-panelboard load for each feeder assembly for each
mobile home and shall be based on a 3-wire, 1 15/230-volt supply with
115-volt loads balanced between the two legs of the 3-wire system. The
total load for determining power supply by this method is the summation
of:
(1) Lighting and small appliance land as calculated below:
(i) Lighting Watts: Length times width of mobile home (outside di-
mensions exclusive of coupler) times 3 watts per square foot; e.g. Length
X width X 3 = lighting watts.
(ii) Small Appliance Watts: Number of circuits times 1,500 watts for
each 20-ampere appliance receptacle circuit (See definition of
"Appliance Portable" with note): e.g. Number of circuits x 1 ,500 = small
appliance watts.
(iii) Total Watts: Lighting watts plus small appliance = total watts.
(iv) First 3,000 total watts at 100 percent plus remainder at 35 per-
cent=watts to be divided by 230 volts to obtain current (amperes) per leg.
(2) Nameplate amperes for motors and heater loads (exhaust fans, air
conditioners, electric, gas, or oil heating). Omit smaller of air condition-
ing and heating except include blower motor if used as air conditioner
evaporator motor. When an air conditioner is not installed and a 40-am-
pere power supply cord is provided, allow 15 amperes per leg for air con-
ditioning.
(3) 25 percent of current of largest motor in (2).
(4) Total of nameplate amperes for: Disposal, dishwasher, water heat-
er, clothes dryer, wall-mounted oven, cooking units. Where number of
these appliances exceeds three, use 75 percent of total.
(5) Derive amperes for free-standing range (as distinguished from
separate ovens and cooking units) by dividing values below by 230 volts.
Page 179
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§ 40701
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Nctme plate rating
(in watts} Use (in watts)
J 0,000 or less 80 peicenl of" rating
lO.OOl to 12,500 8.000
12.501 to 13,500 8,400
13.501. to 14.500 8,800
14,501 to 15,500 9,200
15,501 td 16,500 9,600
16,501 to 17,500 . 10,000
(6) If outlets or circuits are provided for other than factory-installed
appliances include the anticipated load. The following example is given
to illustiiate the application of this Method of Calculation:
Example. A mobile home is 70 x 10 feet and has two portable appliance cir-
cuits, a 1 000 watts 230 volt heater, a 200 watt 1 1 5 volt exhaust fan, a 400 watt 1 15
volt dishwasher and a 7000 watt electric ranse.
Lighting and small appliance load:
Watts
Lighting 70 x 10 X 3 2,100
Small appliance 1,500 x 2 3.000
Total 5.100
1st 3.000 W at 100 pet 3.000
Remainder (5,100 - 3,000 = 2,100) at
35 pet 735
Total 3,735
3,735
230
-= 16 A per leg
1 ,000 W (heater) 230 = 4.4 A.
200 W (fan) 115 = 1.7 A.
400 W (dishwasher) 11 5 = 3.5 A.
7,000 W (range) x 0.8 230 = 24.0 A.
Lighting and Appliances 16
Heater (230V) 4
Fan (115V) 2
Dishwasher (1 15V) -
Range . .'j 24
Totals 46
-Amperes
per leg
B
16
4
4
24
48
Note: Based on the higher current calculated for either leg, use on 50-A supply
cord. j
(b) The following is an optional method of calculation for lighting and
appliance loads for mobile homes served by a single 3-wire 1 15/230 volt
set of feeder conductors with an ampacity of 100 or greater. The total load
for determining the feeder ampacity may be computed in accordance
with the! following Table instead of the method previously specified.
Feeder conductors whose demand load is determined by this optional cal-
culation shall be permitted to have the neutral load determined by Section
220-22 of the National Electrical Code. The loads identified in the Table
as "other load" and as "Remainder of other load" shall include the follow-
ing:
(1)1 500 watts for each 2-wire, 20-ampere small appliance branch cir-
cuit and each laundry branch circuit specified.
(2) 3 watts per square foot for general lighting and general-use recep-
tacles. I
(3) The nameplate rating of all fixed apphances, ranges, wall-
mounted j ovens, counter-mounted cooking units, and including 4 or
more separately controlled space heating loads.
(4) The nameplate ampere or kV A rating of all motors and of all low-
power-factor loads.
(5) The largest of the following: (i) air conditioning load; (ii) the 65
percent diversified demand of the central electric space heating load; (iii)
the 65 percent diversified demand of the load of less than four separately-
controlled electric-space heating units: (iv) the connected load of four or
more separately-controlled electric space heating units.
OPTIONAL CALCULATION FOR MOBILE HOMES Vs^ITH
100-AMPERE OR LARGER SERVICE
Load (in kilowatt or Demand factor
kilovoUampere) (percent)
Air conditioning and cooling including
heat pump compressors 100
Central electric space heating 65
Less than 4 separately controlled
electric space heating units 65
1st 10 kW of all other load 100
Remainder of other load 40
280.81 2. Wiring of Expandable Units and Dual Units.
(a) Expandable or dual unit mobile homes shall use fixed-type wiring
methods and materials for connecting such units to each other.
(b) Expandable or multiple unit mobile homes not having permanently
installed feeders and which are to be moved from one location to another,
shall be permitted to have disconnecting means with branch circuit pro-
tective equipment in each unit when so located that after assembly or
joining together of units the requirements of 280.803 will be met.
280.813. Outdoor Outlets, Fixtures, Air-Conditioning
Equipment, etc.
(a) Outdoor fixtures and equipment shall be listed or approved for out-
door use. Outdoor receptacles or convenience outlets shall be of a gas-
keted-cover type.
(b) A mobile home provided with an outlet designed to energize heat-
ing and/or air conditioning equipment located outside the mobile home,
shall have permanently affixed, adjacent to the outlet, a metal tag which
reads:
This Connection Is for Air Conditioning Equipment Rated at Not
More Than Amperes, at Volts, 60 Hertz. A disconnect shall
be located within sight of the appliance.
The correct voltage and ampere ratings shall be given. The tag shall
be not less than 0.020 inch, etched brass, stainless steel, anodized or al-
clad aluminum or equivalent. The tag shall be not less than 3 inches by
1-3/4 inches minimum size.
280.814. Painting of Wiring.
During painting or staining of the mobile home, it shall be permitted
to paint metal raceways (except where grounding continuity would be re-
duced) or the sheath of the nonmetallic cable. Some arrangement, how-
ever, shall be made so that no paint shall be applied to the individual
wires, as the color coding may be obliterated by the paint.
280.815. Polarization.
(a) The identified (white) conductor shall be employed for grounding
circuit conductors only and shall be connected to the identified (white)
terminal or lead on receptacle outlets and fixtures. It shall be the un-
switched wire in switched circuits, except that a cable containing an iden-
tified conductor (white) shall be permitted for single-pole three-way or
four-way switch loops where the connections are made so that the un-
identified conductor is the return conductor from the switch to the outlet.
Painting of the terminal end of the wire shall not be required.
(b) If the identified (white) conductor of a cable is used for other than
grounded conductors or for other than switch loops as explained above
(for a 230-volt circuit, for example), the conductor shall be finished in
a color other than white at each outlet where the conductors are visible
and accessible.
(c) Green-colored wires or green with yellow stripe shall be used for
grounding conductors only.
280.816. Examination of Equipment for Safety.
The examination or inspection of equipment for safety, according to
this standard, shall be conducted under uniform conditions and by orga-
nizations properly equipped and qualified for experimental testing, in-
spections of the run of goods at factories, and service-value determina-
tions through field examinations.
Page 180
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Title 25
Factory-Built Housing and Mobile Homes
§4070
•
Subpart J. Transportation
280.901. Scope.
Subpart J of this Standard covers the general requirement for design-
ing the structure of the mobile home to fully withstand the adverse effects
of transportation shock and vibration without degradation of the inte-
grated structure or of its component parts and the specific requirements
pertaining to the transportation system and its relationship to the struc-
ture.
280.902. Definitions.
(a) "Chassis" means the entire transportation system comprising the
following subsystems: drawbar and coupling mechanism, frame, run-
ning gear assembly, and lights.
(b) "Drawbar and Coupling Mechanism" means the rigid assembly,
(usually an "A" frame) upon which is mounted a coupling mechanism,
which connects the mobile home's frame to the towing vehicle.
(c) "Frame" means the fabricated rigid substructure which provides
considerable support to the affixed mobile home structure both during
transport and on-site; and also provides a platform for securement of the
nmning gear assembly, the drawbar and coupling mechanism.
(d) "Running Gear Assembly" means the subsystem consisting of sus-
pension springs, axles, bearings, wheels, hubs, tires, and brakes, with
their related hardware.
(e) "Lights" means those safety lights and associated wiring required
by applicable U.S. Department of Transportation regulations.
(f) "Transportation System," (Same as Chassis, above).
(g) "Highway," includes all roads and streets to be legally used in
transporting the mobile home.
(h) "Length," for purposes of transportation only, means the distance
from the extreme front of the mobile home to the extreme rear, including
the drawbar and coupling mechanism, but not including expandable fea-
tures that do not project from the body during transportation.
280.903. General Requirements for Designing the Structure to
Withstand Transportation Shock and Vibration.
(a) The cumulative effect of highway transportation shock and vibra-
tion upon a mobile home structure may result in incremental degradation
of its designed performance in terms of providing a safe healthy, and du-
rable dwelling. Therefore, the mobile home shall be designed, in terms
of its structural, plumbing, mechanical and electrical systems, to fully
withstand such transportation forces during its intended life. (See
280.303(c) and 280.305(a))
(b) Particular attention shall be given to maintaining watertight integ-
rity and conserving energy by assuring that structural components in the
roof and walls (and their interfaces with vents, windows, doors, etc.) are
capable of resisting highway shock and vibration forces during primary
and subsequent secondary transportation moves.
(c) In place of an engineering analysis, either of the following may be
accepted: (1) Documented technical data of suitable highway tests which
were conducted to simulate transportation loads and conditions; or (2)
acceptable documented evidence of actual transportation experience
which meets the intent of this subpart.
280.904. Specific Requirements for Designing the
Transportation System.
(a) General. The entire system (frame, drawbar and coupling mecha-
nism, running gear assembly, and lights) shall be designed and con-
structed as an integrated, balanced and durable unit which is safe and suit-
able for its specified use during the intended life of the mobile home. In
operation, the transportation system (supporting the mobile home struc-
ture and its contents) shall effectively respond to the control of the towing
vehicle in terms of tracking and braking, while traveling at applicable
highway speeds and in normal highway traffic conditions.
(Note: While the majority of mobile homes utilize a fabricated steel
frame assembly, upon which the mobile home structure is constructed,
it is not the intent of this standard to limit innovation. Therefore, other
concepts, such as integrating the frame function into the mobile home
structure, are acceptable provided that such design meets the intent and
requirements of this part),
(b) Specific requirements.
(1) Drawbar. The drawbar shall be constructed of sufficient strength,
rigidity and durability to safely withstand those dynamic forces experi-
enced during highway transportation. It shall be securely fastened to the
mobile home frame by either a continuous weld or by bolting.
(2) Coupling mechanism. The coupling mechanism (which is usual-
ly of the socket type) shall be securely fastened to the drawbar in such a
manner as to assure safe and effective transfer of the maximum loads, in-
cluding dynamic loads, between the mobile home structure and the
hitch-assembly by the towing vehicle. The coupling shall be equipped
with a manually operated mechanism so adapted as to prevent disengage-
ment of the unit while in operation. The coupling shall be so designed that
it can be disconnected regardless of the angle of the mobile home to the
towing vehicle. With the mobile home parked on level ground, the center
of the socket of the coupler shall not be less than 20 inches nor more than
26 inches from ground level.
(3) Chassis. The chassis, in conjection with the mobile home struc-
ture, shall be designed and constructed to effectively sustain the designed
loads consisting of the dead load plus a minimum of 3 pounds per square
foot floor load, (example: free-standing range, refrigerator, and loose
furniture) and the superimposed dynamic load resulting from highway
movement but shall not be required to exceed twice the dead load. The
integrated design shall be capable of insuring rigidity and structural in-
tegrity of the complete mobile home structure and to insure against defor-
mation of structural or finish members during the intended life of the
home.
(4) Running gear assembly.
(i) The running gear assembly, as part of the chassis, shall be designed
to perform, as a balanced system, in order to effectively sustain the de-
signed loads set forth in 280.904(b)(3) and to provide for durable depend-
able safe mobility of the mobile home. It shall be designed to accept
shock and vibration, both from the highway and the towing vehicle and
effectively dampen these forces so as to protect the mobile home struc-
ture from damage and fatigue. Its components shall be designed to facili-
tate routine maintenance, inspection and replacement.
(ii) Location of the running gear assembly shall be determined by doc-
umented engineering analysis, taking into account the gross weight (in-
cluding all contents), total length of the mobile home, the necessary cou-
pling hitch weight, span distance, and turning radius. The coupling
weight shall be not less than 12 percent nor more than 25 percent of the
gross weight.
(5) Spring assemblies. Spring assemblies (springs, hangers, shackles,
bushings and mounting bolts) shall be capable of withstanding all of the
design loads as outlined in 280.904(b)(3) without exceeding maximum
allowable stresses for design spring assembly life as recommended by
the spring assembly manufacturer. The capacity of the spring system
shall assure, that under maximum operating load conditions, sufficient
clearance shall be maintained between the tire and mobile home frame
or structure to permit unimpeded wheel movement and for changing
tires.
(6) Axles. Axles, and their connecting hardware, shall be capable of
withstanding all of the design loads outlined in 280.904(b)(3) without ex-
ceeding maximum allowable stresses for design axle life as recom-
mended by the axle manufacturer. The number of axles required to pro-
vide a safe tow and good ride characteristics shall be determined and
documented by engineering analysis. Those alternatives listed in
280.903(c) may be accepted in place of such an analysis.
(7) Hubs and bearings. Hubs and bearings shall meet the requirements
of 280.904(b)(3) and good engineering practice. Both of these compo-
nents shall be accessible for inspection, routine maintenance and replace-
ment of parts.
(8) Tires, wheels, and rims. Tires, wheels and rims shall meet the re-
quirements of 280.9094(b)(3). Tires shall be selected for anticipated
usage.
Page 181
Register 2001, No. 3; 1-19-2001
§ 4300
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(9) Brake assemblies.
(i) The luimber, type, size and design of brake assemblies required to
assist the towing vehicle in providing effective control and stopping of
the mobile home shall be determined and documented by engineering
analysis. These alternatives listed in 280.90(c) may be accepted in place
of such ^n analysis.
(ii) Brakes on the towing vehicle and the mobile home shall be capable
of assuring that the maximum stopping distance from an initial velocity
of 20 miles per hour does not exceed 40 feet (U.S. Department of Trans-
portation Regulations).
(1) Lights and associated wiring. Highway safety electrical lights and
associated wiring shall conform to applicable federal requirements in
terms of jlocation and performance. The manufacturer shall have the op-
tion of meeting this requirement by utilizing a temporary light/wiring
harness provided by the mobile home transportation carrier.
j History
1. Addition of quoted Section 280.7 filed 9-8-76 as procedural and organization-
al; effective upon filing (Register 76, No. 37).
2. Editorial collection of quoted section 280. .106, subsection (a) (Register 96, No.
37). I
Article 2.5. Fire Sprinkler Systems
I
§ 4300. 1 Application of Design and Installation
I Requirements; Preemption of Local Design
I and Installation Requirements.
(a) The requirements of this article apply to the design and installation
of a fire sprinkler system —
(1) in a new or used manufactured home that is used or intended for
I
use as a dwellmg, and
(2) in new or used multi-unit manufactured housing with two dwelling
units. I
(b) The requirements of this article preempt all other requirements, in-
cluding those of any ordinance or rule adopted by any city, county, city
and county, or special district, as well as a fire district, that establish stan-
dards fori the design and installation of a fire sprinkler system —
(J) in a new or used manufactured home that is used or intended for
use as a dwelling, and
(2) in hew or used multi-unit manufactured housing with two dwelling
units. I
(c) These regulations do not require the installation of a fire sprinkler
system in a manufactured home or in multi-unit manufactured housing
with twojdwelling units.
NOTE: Authority cited: Secfions 18015, 18025, 18029 and 18029.5, Health and
Safety Coole. Reference: Sections 18015, 18025, 18029.5 and 18030.5, Health and
Safety Code.
j History
1. New article 2.5 (sections 4300-4324) and secfion filed 1-17-2001; operafive
1-17-2001 pursuant to Government Code section 1 1343.4(c) (Register 2001,
No. 3). I
§ 4302. j Adoption by Reference of the Provisions of NFPA
13D, "Standard for the Installation of Sprinkler
Systems In One- and Two- Family Dwellings
and Manufactured Homes."
(a) The design and installation of a fire sprinkler system must com-
ply— i
(1) with the requirements of NFPA 13D, "Standard for the Installation
of Sprinkler Systems in One- and Two- Family Dwellings and Manufac-
tured Honies," 1999 edition, as published by the National Fire Protection
Associatibn; hereby incorporated by reference; and amended by subsec-
tion (c), and
(2) with the provisions of Title 25, California Code of Regulations,
sections 4300, 4302, 4304, 4306, 4308, 4310, 4312, 4314, 4316, 4318,
4320, 4322, and 4324.
I
(b) References to the nationally recognized standard incorporated at
subsection (a) will appear throughout Article 2.5 as NFPA 13D.
(c) The following provisions of NFPA 13D are not adopted:
(1) the "exception" provided at section 1-5.2,
(2) subsection (d) of section 2-3,
(3) section A-1.3. Approved.,
(4) section A-1.3. Authority Having Jurisdiction, and
(5) section A-1.3. Listed.
NOTE: Authority cited: Sections 18015, 18025, 18029 and 18029.5. Health and
Sal^ty Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001: operative 1-17-2001 pursuant to Government
Code section 11343.4(c) (Register 2001, No. 3).
§ 4304. Definitions.
(a) The definitions contained in section 4004 and the definitions con-
tained in chapter 1 of NFPA 13D apply to sections 4300 through 4324,
with the exception of those defirtilions listed in subsection (b).
(b) The following definitions contained in chapter 1 of NFPA 1 3D are
superseded by the provisions of 18001, 18003.3, 18007, and 18015 of the
Health and Safety Code and subsections (/), (w), and (y) of section 4004
and do not apply to sections 4300 through 4324:
(1) Approved.
(2) Authority Having Jurisdiction
(3) Dwelling.
(4) Dwelling Unit.
(5) Labeledr
(6) Listed.
(7) Manufactured Home.
(8) Shall.
(9) Sprinkler System.
(10) Standard.
NOTE: Authority cited: Sections 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18001, 18003.3, 18007, 18015, 18025, 18029,
18029.5 and 18030.5, Health and Safety Code.
History
1. New section filed 1-17-2001; operafive 1-17-2001 pursuant to Government
Code secfion 11343.4(c) (Register 2001, No. 3).
§ 4306. Restrictions on the Sale of a Sprinklered
Manufactured Home or of Sprinklered
Multi-unit Manufactured Housing with Two
Dwelling Units.
It is unlawful for any person to sell, offer for sale, rent, or lease within
this state any manufactured home or multi-unit manufactured housing
with two dwelling units, if a fire sprinkler system already installed or in-
tended to be installed in the manufactured home or in multi-unit
manufactured housing with two dwelling units will not operate properly
given the water pressure available at the proposed installation site.
NOTE: Authority cited: Secfions 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18035, 18035.2, 18046 18046.1 and 18060.5,
Health and Safety Code.
History
1. New secfion filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code secfion 1 1343.4(c) (Register 2001, No. 3).
§ 4308. Requirements for the Approval of the Plans for a
Fire Sprinkler System Requirements for the
Inspection of the Installation of a Fire Sprinkler
System.
(a) The following requirements apply to the installation of a fire sprin-
kler system during the manufacture of a manufactured home or of multi-
unit manufactured housing with two dwelling units:
( 1 ) A Design Approval Agency must review and approve the plans for
the fire sprinkler system, including the residential sprinkler installation
instructions, before the fire sprinkler system is installed.
(2) A Quality Assurance Agency must inspect and approve the instal-
lation of the fire sprinkler system.
(A) The manufacturer must make the approved plans available to the
Quality Assurance Agency at the manufacturing site prior to and
throughout the installation of the fire sprinkler system.
(B) The Quality Assurance Agency must inspect the installation of the
fire sprinkler system during the manufacturing process. The inspection
Page 182
Register 2001, No. 3; 1-19-2001
Title 25
Factory-Built Housing and Mobile Homes
§4316
•
must occur prior to the point in the manufacturing process when any por-
tion of tiie fire sprinkler system is concealed by wall or ceiling materials,
(b) The following requirements apply to the installation of a fire sprin-
kler system after the manufactured home or the multi-unit manufactured
housing with two dwelling units is shipped from the manufacturing facil-
ity:
(1) The department must approve the plans for the installation, which
is an alteration.
(A) The person proposing to install the fire sprinkler system must ap-
ply for the department's approval as required by section 4042.
(B) The application for the department's approval must include plans
for the proposed fire sprinkler system and a copy of the residential sprin-
kler installation instructions.
(2) The person installing a fire sprinkler system in a manufactured
home or in a multi-unit manufactured housing dwelling unit with two
dwelling units must be either the homeowner functioning as an owner-
builder under the conditions of Business and Professions Code section
7026.12 or a fire protection contractor holding a valid C-16 license is-
sued by the California Contractors Licensing Board.
(3) The person installing the fire sprinkler system must obtain an in-
spection of the installation by a representative of the department prior to
concealing any portion of the system with wall or ceiling material.
NOTE: Authority cited: Sections 18013, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code; and Section 7026.12, Business and Professions Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 11 343.4(c) (Register 2001, No. 3).
§ 4310. Resolution of Disputes About the Requirements of
NFPA13D.
The department, in consultation with the Office of the State Fire Mar-
shal, will resolve any dispute about the application of the requirements
of NFPA 1 3D to manufactured homes and to multi-unit manufactured
housing with two dwelling units.
NOTE: Authority cited: Sections 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 11343.4(c) (Register 2001, No. 3).
§ 4312. Types of IVIaterlals; Standards for Materials;
Listing and Labeling of Materials and
Equipment Standard for Residential Sprinklers;
Listing Criteria for Sprinklers Used in a Limited
Area Dwelling Manufacturer's Installation
Instructions.
(a) All piping, fittings, hangers, braces and supports, automatic sprin-
klers, valves, gauges and other materials or devices necessary to as-
semble a fire sprinkler system must conform to the requirements of
NFPA 13D for the types of materials, for the standards with which the
materials comply, and for the listing and labeling with which the materi-
als and equipment must comply.
(b) Residential sprinklers must be listed as complying with UL 1626,
"Residential Sprinklers for Fire Protection Service," 1994 edition, with
revisions dated through October 8, 1997, as published by Underwriter's
Laboratories and hereby incorporated by reference.
(c) The listing for residential sprinklers used in a limited area dwelling
must include the criteria specified at section A-5-3.] of Appendix A of
NFPA 13D.
(d) The person installing the fire sprinkler system must obtain any ap-
plicable manufacturer's installation instructions, when such instructions
are issued by the manufacturer.
( 1 ) The person installing the fire sprinkler system must install all mate-
rials and devices as required by the manufacturer's installation instruc-
tions.
(2) The person installing the fire sprinkler system must make the
manufacturer's installation instructions available to the inspector from
the Quality Assurance Agency or to the inspector from the department
for use during the inspection required by section 4308.
NOTE: Authority cited: Sections 18015. 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 3).
§ 4314. Construction Methods and Workmanship.
(a) Construction methods and workmanship requirements of the na-
tional Manufactured Home Construction and Safety Standards at 24 CFR
Part 3280 apply to the installation of a fire sprinkler system during the
manufacture of a manufactured home or of multi-unit manufactured
housing with two dwelling units.
(b) The following requirements apply to the installation of a fire sprin-
kler system after the manufactured home or multi-unit manufactured
housing with two dwelling units is shipped from the manufacturing facil-
ity.
(1) The person installing the fire sprinkler system —
A. must perform all work in a manner suitable for the purpose and
B. must maintain the integrity of both the components under installa-
tion and the components of other systems.
(2) The person installing the fire sprinkler system must bore holes in
or notch structural framing members for the passage of piping as required
by section 4316.
A. Alternate sizing and placement of holes and notches requires evi-
dence provided by the installer with the plans for the fire sprinkler system
proving that the alternate boring or notching maintains the integrity of the
structural system.
B. The evidence must consist of engineering analysis or testing con-
ducted and certified by a California licensed architect or professional en-
gineer.
(3) If any insulation, vapor barriers, underfloor bottom board, or any
other materials are cut or moved in order to install a fire sprinkler system,
the person installing the fire sprinkler system shall repair, replace, or re-
position the materials in a workmanlike manner that maintains the integ-
rity of the materials and system.
Note: Authority cited: Sections 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Secfions 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 3).
§ 4316. Placement and Size of Holes and Notches in
Joists, Beams, Plates, and Studs.
(a) Joist.
(1) A notch on the end of a joist must not be deeper than one-fourth
(1/4) the depth of the joist.
(2) The edge of a hole bored in a joist must be at least two (2) inches
from the top and at least two (2) inches from the bottom of the joist. The
diameter of the hole must not exceed one-third (1/3) the depth of the joist.
(3) A notch in the top or bottom of a joist must not be deeper than one-
sixth (1/6) the depth of the joist. The notch must not be located in the
middle one-third (1/3) of the span of the joist.
(b) A hole in a ridge beam must not be more than 2" in diameter and
must be located in the middle one-third (1/3) of the depth of the beam.
(c) Top or bottom wall plate or a sill plate —
(1 ) A hole must not exceed 40% of the width of the plate,
(2) The edge of a hole must be at least 5/8 inch from any edge of the
plate.
(3) The edge of a hole must be separated by at least 12 inches from the
nearest edge of other holes or notches in the same plate.
(d) Wall studs.
(1) A hole in a wall stud must not exceed 40% of the width of the stud,
(2) The edge of a hole in a wall stud must be at least 5/8 inch from any
edge of the stud.
Page 182.1
Register 2001, No. 3; 1-19-2001
§4318
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) A hole in a wall stud must not be located in the middle one-third
(1/3) of the length of the stud.
(4) Only one hole is allowed in the upper or lower one-third (1/3)
length of a wall stud.
NOTE: Authonty cited: Sections 18015, 18025. 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 3).
§ 4318. Fire Sprinkler System Information and Installer
Certification Label Reference Tag.
(a) The installer of the fire sprinkler system must complete and affix:
(1) a "Fire Sprinkler System Information and Installer Certification"
label, and
(2) a Reference Tag.
(b) A "Fire Sprinkler System Information and Installer Certification"
label.
( 1 ) must be either printed on paper or scribed, etched or engraved in
inetal, plastic or other equivalent material, with lettering at least 10 point
font size;
(2) must be at least 8.5 inches by 1 1 inches in size;
(3) must be located on a wall or door surface inside the water heater
compartment;
(4) must be positioned in a manner that allows a person to easily read
the label; and
(5) must be affixed with adhesive or fasteners that discourage the re-
moval of the label.
(c) A "Fire Sprinkler System Information and Installer Certification"
label must include all the statements and requested information arranged
in substantially the same layout, as shown on the following example:
•
Page 182.2
Register 2001, No. 3; 1-19-2001
Title 25
Factory-Built Housing and Mobile Homes
§4318
Fire Sprinkler System Information and Installer Certification
Attention: Do not remove or cover this label.
This dwelling unit contains a residential fire sprinkler system. The system installer certifies that the system complies with the requirements of Title
25, California Code of Regulations, sections 4300 through 4324 and NFPA 1 3D, Standard for the Installation of Sprinkler Systems in One- and Two-
Family Dwellings and Manufactured Homes, 1999 Edition. Do not change (alter) the fire sprinkler system without approval of the California Depart-
ment of Housing and Community Development, Division of Codes and Standards. A homeowner may perform repairs without the Department's
approval, if all materials and devices installed are the same type or characteristics as the materials and devices replaced. Please refer to section
4324 of the above noted regulations. Only the homeowner may change (alter) or repair the fire sprinkler system as an owner-builder without violating
the State Contractors Licensing Board requirements. Any other person making changes (alterations) or repairs to the system must hold a valid C-1 6
contractor's license. Future additions of heat sources, such as a wood burning stove or fireplace, may adversely affect the performance of sprinklers
and may activate one or more sprinklers. You may obtain permits and information about fire sprinkler systems from the California Department of
Housing & Community Development, Division of Codes and Standards.
Signature of System Installer
Date
County
State
Installation, Design Approval, and Inspection Agency Information
Name and Address of System Installer:
Manufactured Home Serial Number(s):
Date System Installed:
Name and Address of Agency Approving Design:
Name and Address of Agency Inspecting Installation:
System Design Basis and Tests
Sprinkler Information
Number of Design Sprinklers:
1 head 2 head
Design Coverage: ft. X ft.
_ gpm @ psi
_ gpm @ psi
Manufacturer:
Model:
Flow rate one sprinkler
Flow rate two sprinkler
Year of Manufacture:
Temperature rating:
Orifice Size:
degrees F
inches
System installer must test this system as
required by Title 25, California Code of
Regulations, section 4320. Homeowner or
installer must hydrostatically test system for two
hours at 50 psi minimum; 100 psi maximum.
Special Heads:
sidewall(s)
intermediate temperature
not applicable
Water Supply Requirements
In order for the fire sprinkler system to operate properly, the follow minimum water supply must be
available at the base of the fire sprinkler system riser:
GPM @ not less than
psi for not less than
minutes.
Page 182.3
Register 2001, No. 3; 1-19-2001
§4320
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) A Re Terence Tag,
(1) must be made of paper, or at least the equivalent;
(2) must he at least 2 inches by 4 inches in size;
(3) must contain lettering of at least 10 point font size;
(4) must be covered in a permanent manner with a material that will
protect the tag from damage or deterioration without obscuring the in-
formation;
(5) mUst be permanently affixed to the fire sprinkler system riser by
adhesive, or by plastic or wire tie, or the equivalent in a manner that pre-
vents dahiage or loss; and
(6) must be positioned in a manner that is conspicuous to the represen-
tative of the enforcement agency that appears at the installation site for
the manufactured home or multi-unit manufactured housing with two
dwelling units.
(e) A Reference Tag must include all the statements and requested in-
formation arranged in substantially the same layout as shown in the fol-
lowing example:
! NOTICE TO ENFORCEMENT AGENCY
AND REPAIR PERSONS
i
Information pertaining to the fire sprinkler system design,
inspections, and water supply needs are provided on the
Fire Sprinkler Information label located in the water
heiater compartment of this dwelling unit.
NOTE: Authority cited: Sections 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001 , No. 3).
§ 4320. Requirements for Testing the System.
(a) A fire sprinkler system installed during the manufacture of the
manufactured home or multi-unit manufactured housing with two dwell-
ing units must be hydrostatically tested both at the manufacturing facility
and at the home's installation site.
(1) The hydrostatic test performed at the manufacturing facility:
A. must be conducted on the completely assembled system within any
one transportable section; and
B. must subject the system to 100 pounds per square inch (psi) hydro-
static pressure for not less than 2 hours without any loss of pressure or
leakage of water. Testing shall be performed in accordance with the ap-
plicable product standards.
(2) The person responsible for installing the manufactured home or
multi-unit manufactured housing with two dwelling units must hydro-
statically test the system again at the home's installation site with the wa-
ter supply available at the site for at least one hour without any evidence
of leakage.
A. The testing must be performed at a minimum of 50 psi; not to ex-
ceed 100 psi.
B. A representative of the enforcement agency must witness the test
at the installation site during the same visit to the installation site to in-
spect the installation of the home or dwelling unit.
(b) A fire sprinkler system installed after the manufactured home or
multi-unit manufactured housing with two dwelling units is shipped
from the manufacturing facility must be hydrostatically tested at the
home's installation site.
(1) The person who installed the fire sprinkler system is responsible
for performing the test.
(2) A representative of the enforcement agency must witness the test.
(3) The installer must conduct the test on the completely assembled
system, j
(4) The installer must conduct the test with the water supply available
at the home's site for a period of two hours without any evidence of leak-
age. The testing must be performed at a minimum of 50 psi; not to exceed
100 psi.
NOTE; Authority cited: Sections 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015. 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001: operative 1-17-2001 pursuant to Goveminent
Code section II 343.4(c) (Register 2001, No. 3).
§ 4322. Maintenance Instructions.
If the manufacturer of a fire sprinkler system component used in a sys-
tem provides written instructions and procedures for the operation, main-
tenance, periodic testing, and repair of the component, a copy of the
instructions and procedures must be left in each dwelling unit for the end
user.
(a) When the fire sprinkler system is installed during the manufacture
of the manufactured home or multi-unit manufactured housing with two
dwelling units, the manufacturer must ensure that a copy of the instruc-
tions and procedures is left in each dwelling unit.
(b) When the fire sprinkler system is installed after the manufactured
home or multi-unit manufactured housing with two dwelling units is
shipped from the manufacturing facility, the person who installs the sys-
tem must ensure that a copy of the instructions and procedures is left in
each dwelling unit.
NOTE: Authority cited: Sections 18015. 18025. 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 11343,4(c) (Register 2001, No. 3).
§ 4324. Repairs and Alterations to an Existing Fire
Sprinkler System or Components.
(a) Any operated or damaged residential sprinkler must be replaced
with a new residential sprinkler that is the same model as the original or
that has the same performance characteristics as the original residential
sprinkler.
(b) The replacement of a damaged or operated residential sprinkler
with a new residential sprinkler of the same model or performance char-
acteristics is not an alteration.
(c) The replacement of any other fire sprinkler system material or de-
vice with a material or device of the same model or with the same perfor-
mance characteristics is not an alteration of the system.
(d) An alteration of the fire sprinkler system includes any of the fol-
lowing activities;
(1) The conversion of the system, such as a conversion to upgrade the
system to increase the protection against property damage;
(2) The replacement of the system with a completely new system;
(3) An addition to the system, such as extending the system to provide
coverage to a newly added room;
(4) The modification of the system, such as moving the system riser;
or
(5) The removal of a portion or all of the system, such as the removal
of a portion of the system from a room.
(e) The alteration of a fire sprinkler system is subject to the depart-
ment's approval of the plans for the alteration and to an inspection of the
completed alteration by a representative of the department.
(1) The person proposing to alter the fire sprinkler system must apply
for the department's approval as required by section 4042.
(2) The application for the department's approval must include plans
for the alteration and a copy of any automatic sprinkler installation
instructions.
(3) The person altering a fire sprinkler system must be either the home-
owner functioning as a builder-owner under the conditions of Business
and Professions Code section 7026.12 or a fire protection contractor
holding a valid C-1 6 license issued by the California Contractors Licens-
ing Board.
Page 182.4
Register 2001, No. 3; 1-19-2001
Title 25
Factory-Built Housing and Mobile Homes
§4357
(4) The person altering the fire sprinkler system must obtain an inspec-
tion of the alteration by a representative oFthe department prior to con-
cealing any portion of the altered system with wall or ceiling material.
NOTE: Authority cited: Sections 18015, 18025, 18029 and 18029.5, Health and
Safety Code. Reference: Sections 18015, 18025, 18029, 18029.5 and 18030.5,
Health and Safety Code.
History
1. New section filed 1-17-2001; operative 1-17-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001 , No. 3).
Article 3. Commercial Coaches
Subarticie 1. Construction and Fire Safety
§ 4350. Application and Scope.
(a) The provisions of this article relating to construction and fire safety
apply to all commercial coaches manufactured after September 15, 1971,
and sold or offered for sale within this state. The provisions of this article
are also applicable to the alteration or conversion of any construction or
fire-safety equipment or installations and change of occupancy in any
commercial coach bearing or required to bear a department insignia of
approval.
(b) Standards for Equipment and Installations. Standards for equip-
ment and installations are listed in Appendix CC, Table CC-1. Equip-
ment and installations conforming to these standards or to other approved
standards shall be considered acceptable by the department when listed
or labeled and installed in accordance with the requirements of this chap-
ter and the conditions of their approval, except where otherwise provided
in this chapter. All equipment shall be clearly labeled to indicate com-
pliance with applicable standards.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18000 et seq.. Health and Safety Code.
History
1 . Amendment of subsection (a) filed 7-23-71 as an emergency: effective upon
filing (Register 71, No. 30).
2.CertificateofCompliance— Sec. 11422.1, Gov. Code, filed 11-16-71 (Register
71, No. 47).
3. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
4. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4352. General.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18055, 18056.3, 18056.5 and 18058, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
3. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79. No.
49).
4. Renumbering and amendment consolidating Section 4352 with Section 4004
filed 10-6-88 as an emergency; operative 10-6-88 (Register 88, No. 42). A
Certificate of Compliance must be transmitted to OAL within 120 days or emer-
gency language will be repealed on 2-3-89.
5. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1349.6 (Register 89, No. 1 1).
6. Renumbering and amendment consolidating Section 4352 with Section 4004
filed 3-3-8 as an emergency; operative 3-3-89 (Register 89, No. 1 1). A Certifi-
cate of Compliance must be transmitted to OAL within 120 days, by 7-3-89,
or emergency language will be repealed.
7. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
§ 4353. Minimum Requirements.
(a) The construction and fire safety requirements of a commercial
coach shall conform to the provisions of this article.
(b) All construction methods and installations shall be in conformance
with this subchapter and accepted engineering practices and shall pro-
vide minimum health, safety, and fire protection to the occupants of com-
mercial coaches and the public.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18056.5 and 18058, Health and Safety Code.
History
1 . Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
2. Amendment filed 6-7-77; designated effective 9-1-77 (Register 77, No. 24).
3. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4354. Structural Analysis.
The strength and rigidity of the component parts and/or the integrated
structure shall be determined by engineering analysis or by suitable load
tests pursuant to Section 4360.7.
Unit stresses may be increased in accordance with the applicable Ac-
cepted Engineering Practice Standards listed in Appendix CC-1, Table
CC-1.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4355. Standards for Equipment and Installations.
History
1. Amendment of section and repealer of Table 1 filed 9-7-73; effective thirtieth
day thereafter (Register 73, No. 36).
2. Repealer filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
§ 4356. Structural Requirements.
Commercial coaches shall be designed and constructed as a complete-
ly integrated structure capable of sustaining the design load requirements
of this article and shall be capable of transmitting these loads to running
gear or stabilizing devices without causing an unsafe deformation or ab-
normal internal movement of the structure or its structural parts.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4356.5. New Materials and Methods.
Any new material or method of construction not provided for in this
article and any material or method of questioned suitability, proposed for
use in the manufacture of the structure, shall nevertheless conform in per-
formance as outlined in this article.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4357. Design Dead Loads.
Design dead loads shall be actual dead load supported by the structural
assembly under consideration.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
[The next page is 183.]
Page 182.5
Register 2001, No. 3; 1-19-2001
Title 25
Factory-Built Housing and Mobile Homes
§ 4360.7
§ 4357.5. Design Live Loads.
The design live loads shall be as specified in this section and Sections
4358, through 4360.4 and shall be considered to be uniformly distrib-
uted. The roof live load shall not be considered as acting simultaneously
with the wind load or earthquake load, and the roof and floor live loads
shall not be considered as resisting the overturning moment due to wind.
Wind and earthquake loads need not be assumed to act simultaneously.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. New section tiled 9-7-73; effective thirtieth day thereafter (Resister 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4358. Wind Loads.
(a) Commercial coaches shall be designed to withstand minimum hor-
izontal and uplift pressures from any direction as follows:
Horizontal 15 Ib/ft-
(b) Where it is known that the commercial coach will be subject to
wind loads in excess of those listed above, the commercial coach shall
be designed for the appropriate loads.
(c) Roofs of all enclosed vehicles shall be designed to withstand pres-
sures acting upward normal to the surface equal to 3/4 of the horizontal
wind loads.
(d) Eaves and cornices shall be designed for a net uplift pressure of one
and one- fourth times the horizontal wind load.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
4. Amendment filed 12-7-79;; effective thirtieth day thereafter (Register 79. No.
49).
§ 4358.3. Earthquake Regulations.
Every commercial coach and every portion thereof shall be designed
to resist stresses produced by lateral forces in accordance with Section
2312 of the Uniform Building Code, 1976 edition.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
§ 4359. Roof Loads.
Flat, curved, and pitched roof members shall be designed to sustain all
dead loads plus unit live loads as set forth in Table No. 23-C of the Uni-
form Building Code, 1976 edition.
All roofs shall be designed with sufficient slope or camber to assure
adequate drainage, or shall be designed to support maximum loads in-
cluding possible pounding of water due to deflection.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4360. Snow Loads.
Where it is known that the commercial coach will be subjected to snow
loads, the commercial coach shall be designed for the appropriate loads.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
4. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4360.1. Posting Design Loads.
NOTE; Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
lion 18056.5, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
3. Repealer filed 12-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4360.2. Floors.
(a) Floor assemblies shall be designed to sustain all uniform dead loads
plus uniform live loads as set forth in Table 23-A of the Uniform Build-
ing Code, 1976 edition.
(b) Floors in units where partitions are installed shall be designed to
support in addition to all other loads, a uniformly distributed dead load
equal to 10 pounds per square foot.
(c) Structural floor sheathing shall meet the requirements of Section
2517(h) of the Uniform Building Code, 1976 edition.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1 . New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4360.3. Fastening of Structural Systems.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4360.4. Interior Walls.
Interior walls, permanent partitions and temporary partitions which
exceed 6 feet in height shall be designed to resist all loads to which they
are subject but not less than a force of five pounds per square foot applied
to perpendicular to the walls. The deflection of such walls under a load
of five pounds per square foot shall not exceed 1/240 of the span for walls
with brittle finishes and 1/120 of the span for walls with flexible finishes.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4360.5. Instructions.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 1 8056.5, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Repealer filed 12-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4360.6. Design Load Deflections.
When a structural assembly is subjected to total design load, the de-
flection shall not exceed the following:
Floor L/240
Roof and Ceiling Members L/1 80
Walls and Partitions L/1 80
Where L = the clear span between supports
or two times the length of a cantilever.
When a structural assembly is subjected to total design live load, the deflection
shall not exceed the following: Floor L/360.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 1 8056.5, Health and Safety Code.
History
1 . New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4360.7. Structural Load Tests.
Every structural assembly tested shall be capable of meeting the Proof
Load Test or the Ultimate Load Test as follows:
(a) Proof Load Tests. Every structural assembly tested shall be capable
of sustaining its dead load plus superimposed live load equal to 1 .75 times
Page 183
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
the required live loads for a period of 12 hours without failure. Tests shall
be conducted with loads applied and deflections recorded in 1/4 design
live load increments at 10-minute intervals until 1.25 times design live
load plus dead load has been reached. Additional load shall then be
applied continuously until 1 .75 times design live load plus dead load has
been reached. Assembly failure shall be considered as design live load
deflection (or residual deflection measured 12 hours after live load re-
moval) which is greater than the limits set in Section 4360.6, rupture,
fracture, or excessive yielding. An assembly to be tested shall be of the
minimum quality of materials and workmanship of the production. Each
test assembly, component, or subassembly shall be identified as to type
and quality or grade of material. All assemblies, components, or subas-
semblies qualifying under this section shall be subject to continuing qual-
ification testing program acceptable to the department.
(b) Ultimate Load Tests. Ultimate load tests shall be performed on a
minimum of three assemblies to generally evaluate the structural design.
Every structural assembly tested shall be capable of sustaining its total
dead load plus live loads increased by a factor of safety consistent with
the material being tested. Factors of safety shall be based on nationally
recognized standards and approved by the department. Tests shall be
conducted with loads applied and deflections recorded in 1/4 design live
load increments at 10-minute intervals until 1.25 times design live load
plus dead load has been reached. Additional loading shall then be applied
continuously until failure occurs or a load equal to dead load plus 1 .5 fac-
tor of safety times the design live load is reached. Assembly failure shall
be considered as design live load deflection greater than the limits set in
Section 4360.6, rupture, fracture, or excessive yielding. Assemblies to be
tested shall be representative of minimum quality or materials and work-
manship of the production. Each test assembly, component, or subassem-
bly shallbe identified as to type and quality or grade of material. All as-
semblies, components, or subassemblies qualifying under this section
shall be subject to a periodic qualification testing program acceptable to
the department.
NOTE: Authority cited: Section 18020, Health and Safety Code, Reference: Sec-
tion ! 8056.5, Health and Safety Code.
History
1 . New section filed 12-7-79; effective thirtieth day thereafter (Resister 79, No.
49).
§ 4360.8. Test Procedure for Roof Trusses.
(a) Roof Load Tests. The following is an acceptable test procedure for
roof trusses that are supported at the ends and support design loads.
Where roof trusses act as support for other members, act as cantilevers,
or support concentrated loads, they shall be tested accordingly.
(b) Gerieral. Trusses may be tested in pairs or singly in a suitable test
facility. When tested singly, simulated lateral support of the test assem-
bly may be provided, but in no case shall this lateral support exceed that
which is specified for the completed commercial coach. When tested in
pairs, the trusses shall be spaced at the design spacing and shall be
mounted on solid support accurately positioned to give the required clear
span distance (L) as specified in the design. The top and bottom chords
shall be braced and covered with the material with connections or method
of attachment as specified by the completed commercial coach.
(1) As an alternate test procedure, the top chord may be sheathed with
1/4 inch by 12 inch plywood strips. The plywood strips shall be at least
long enough to cover the top chords of the trusses at the designated design
truss spacing. Adjacent plywood strips must be separated by at least 1/8
inch. The' plywood strip shall be nailed with 4d nails or equivalent staples
not closer than 8 inches on center along the top chord of one truss only.
The bottom chords of the adjacent trusses may be either: (A) unbraced,
(B) laterally braced together (not cross braced) with I " X 2" stripping not
closer than 24 inches on center nailed with only one 6d nail at each truss,
or (C) covered with the material with connections or methods of attach-
ment as specified for the completed commercial coach.
(2) Truss deflections will be measured relative to a taut wire running
over the support and weighted at the end to insure constant tension or oth-
er approved methods. Deflections will be measured at the two quarter
points and at midspan. Loading shall be applied to the top chord through
a suitable hydraulic, pneumatic, or mechanical system, masonry units, or
weights to simulate design loads. Load units for uniformly distributed
loads shall be separated so that arch action does not occur, and shall be
spaced not greater than 12 inches on center so as to simulate uniform
loading.
(c) Nondestructive Test Procedure.
(1) Dead Load Plus Live Load.
(A) Noting Figure A, measure and record initial elevation of the truss
in test position at no load.
(B) Apply load units to the top chord of the truss equal to the full dead
load of roof and ceiling. Measure and record deflections.
(C) Maintaining the dead load, add live load in approximately 1/4 de-
sign live load increments. Measure the deflections after each loading in-
crement. Apply incremental loads at a uniform rate such that approxi-
mately one-half hour is required to establish the total design load
condition. Measure and record the deflections five minutes after loads
have been applied. The maximum deflection due to design dead load plus
live load (deflection measured in Step (C) minus Step (B) shall not ex-
ceed L/180, where L is a clear span measured in the same units.
(D) Continue to load truss to dead load plus 1 .75 times the design live
load. Maintain this loading for 12 hours and inspect truss for failure.
(E) Remove the total superimposed live load. Trusses not recovering
to at least L/180 position within 12 hours shall be considered as failing.
(2) Uplift Loads. This test shall only be required for truss designs
which may be critical under uplift load conditions.
(A) Measure and record initial elevation of the truss in an inverted test
position at no load. Bottom chord of the truss shall be mounted in the hori-
zontal position.
(B) Apply the uplift load as stated in 4360.6 to the bottom of the chord
of the truss. Measure and record the deflections 5 minutes after the load
has been applied.
(C) Continue to load the truss to 1.75 times the design uplift load.
Maintain this load for 3 hours and inspect the truss for failure.
(D) Remove applied loads and within three hours, the truss must re-
cover to at least L/240 position, where L is a clear span measured in the
same units.
(d) Destructive Test Procedure.
(1) Destructive tests shall be performed on three tnisses to generally
evaluate the truss design.
(2) Noting Figure A-1, apply the load units to top chord of the truss
assembly equal to full dead load of roof and ceiling. Measure and record
deflections. Then apply load and record deflections in 1/4 design live
load increments at 10-minute intervals until 1.25 times design live load
plus dead load has been reached.
(3) Additional loading shall then be applied continuously until failure
occurs or a load equal to dead load plus 1.5 to the factor of safety times
the design live load is reached.
(4) Assembly failure shall be considered as design live load deflec-
tions greater than L/180 rupture, fracture, or excessive yielding.
(5) The assembly shall be capable of sustaining the dead load plus the
applicable factor of safety times the design live load (the applicable fac-
tor of safety for wood trusses shall be taken as 2.50).
(e) Trusses qualifying under the nondestructive test procedure (Tests
C-1) and C-2) shall be subject to a continuing quahfication testing pro-
gram acceptable to the department. Trusses qualifying under the nonde-
structive and destructive test procedures (Tests C-1 and C-2, and D)
shall be subject to retesting when required by the department.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1 . New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4360.9. Fastening of Structural Systems.
Roof framing shall be securely fastened to wall framing, walls to floor
structure and floor structure to chassis to secure and maintain continuity
Page 184
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Factory-Built Housing and Mobile Homes
§4364
between the floor and chassis, so as to resist wind over-turning and slid-
ing as imposed by design loads in Section 4358.
NOTE; Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1 . New section filed 12-7-79; effective thirtieth day thereafter (Reaister 79, No.
49).
§4361. Walls.
The walls shall be of sufficient strength to withstand the load require-
ments as defined in Sections 4358, 4358.3, 4359, and 4360, without ex-
ceeding the deflections specified in Section 4360.6. The connections be-
tween the bearing walls, floor, and roof framework members shall be
fabricated in such a manner as to provide support for the material used
to enclose the commercial coach and to provide for transfer of all lateral
and vertical loads to the floor and chassis.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4361.3. Drilling or Notching of Wood Wall Structural
Members.
Except where substantiated by engineering designs, studs shall not be
notched or drilled in the middle one-third of their length.
History
1. New section filed 9-7-70; effective thirtieth day thereafter (Register 73, No.
36).
§ 4362. Interior Partitions.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1 . Repealer filed 12-7079; effective thirtieth day thereafter (Register 79, No. 49).
§ 4362.5. Firestopping.
(a) Firestopping of 2 inch minimum thickness nominal lumber or the
equivalent, shall be provided to effectively close concealed draft open-
ings in all walls including furred spaces, so placed that the maximum ver-
tical dimension of any concealed space is not over eight feet.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 1 8056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4363. Floor Construction.
(a) Floor members shall be capable of withstanding the design loads
and shall meet the deflection requirements of Section 4350.6.
(b) Perimeter joints of more than six inches (6") depth shall be stabi-
lized against overturning from superimposed loads as follows: at ends by
solid blocking not less than two-inch (2" ) thickness by full depth of joist,
or by connecting to a continuous header not less than two-inch (2")
thickness and not less than the depth of the joist, with approved connect-
ing device; at eight feet (8") maximum intermediate spacing by solid
blocking or by wood cross-bridging of not less than one inch by three in-
ches (1 " X 3"), metal cross-bridging of equal strength or other methods
approved by the department.
(c) Wood floors or subfloors in kitchens, laundry rooms, water heater
compartments and any other interior areas subject to excessive moisture
shall be made impervious to moisture by sealing with an approved mate-
rial, or by applying an overlay of approved nonabsorbent material
applied with water resistant adhesive.
(d) Floors under heating appliances shall not be covered with materials
such as flammable carpeting.
(e) Carpet. Carpet and carpet pads shall not be installed in concealed
spaces subject to excessive moisture such as under plumbing fixtures.
Carpet and/or carpet pads shall not be installed beneath the bottom plate
of shear or bearing walls.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4363.3. Drilling or Notching of Wood Joist Structural
Members.
Except where substantiated by engineering design, notches on the
ends of joists shall not exceed one-fourth the joist depth. Holes bored in
joist shall not be within 2 inches of the top or bottom of the joist, and the
diameter of any such hole shall not exceed one-third the depth of the
joist. Notches in the top or bottom of the joists shall not exceed one-sixth
the depth and shall not be located in the middle third of the span.
History
1 . New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
§ 4363.4. Roof Members.
(a) Roof members shall be capable of withstanding the loads and meet
the deflection requirements of Section 4359 and 4360. Drilling or notch-
ing shall be substantiated by engineering design.
(b) The connections between roof framework members and bearing
walls shall be fabricated in such a manner to provide for the transfer of
design vertical and horizontal loads to the bearing walls and to resist
uplift forces. All roof members shall be laterally braced.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
] . New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4363.5. Undervehicle Closure Material.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1 . New section filed 7-25-75; designated effective 9-1-75 (Register 75, No. 30).
2. Amendment of NOTE filed 6-9-77; designated effective 9-1-77 (Register 77,
No. 24).
3. Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4363.6. Roof Coverings.
Roof coverings shall be as specified in Chapter 32, Uniform Building
Code, 1976edifion.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
]. New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4364. Weather Resistance.
(a) Exterior coverings shall be of approved moisture and weather resis-
tive materials attached with corrosion resistant fasteners in accordance
with the manufacturer's instructions to resist wind, snow, and rain. Metal
coverings and exposed metal structural members shall be of corrosion-
resistant materials or shall be protected to resist corrosion. All joints be-
tween portions of the exterior covering shall be designed and assembled
to protect against the infiltration of air and water, except for any designed
ventilation of wall or roof cavity.
(b) Joints between dissimilar materials and joints between exterior
coverings and frames of openings shall be protected with a compafible
sealant suitable to resist infiltration of air or water.
(c) Where adjoining materials or assemblies of materials are of such
nature that separation can occur due to expansion, contraction, wind
loads or other loads induced by erection or transportation, sealants shall
Page 185
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§4365
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
be of a type that maintains protection against infiltration or penetration
by air, rnoisture or vermin.
(d) Exterior surfaces shall be sealed to resist the entrance of rodents.
Note. Amhority cited: Section 18020, Health and Safety Code. Reference: Sec-
lion 18056.5, Health and Safely Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36). '
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49). I
§ 4365. Undervehicle Closure Material.
Undervehicle closure material and inethod of construction shall be
such as to resist damage which would permit penetration of the underside
of the commercial coach by water, or rodents. The closure material shall
be listed and installed as follows:
(a) Fibrous material (with or without patches) shall meet or exceed the
level of 48-inch pounds of puncture resistance as tested by the Beach
Puncture Test in accordance with ASTM designation D 781-68.
(b) The material shall be installed in accordance with installation in-
structions furnished by the supplier of the material.
(c) The material shall be suitable for patches and the patch life shall be
equivalent to the material life. Patch installation instructions shall be in-
cluded in the commercial coach manufacturer's instructions. (See Sec-
tion 4368)
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 1 8056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36). :
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49). ;
§ 4366. Tiedowns.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 9-25-75; designated effective 9-1-75 (Register 75, No. 30).
3. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4367. Weather Resistance.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
36). '
2. Repealer filed 12-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4368. Instructions.
The rnanufacturer shall provide printed instructions with each com-
mercial coach specifying the following:
(1) The location and required capacity of stabilizing devices (tie-
downs, piers, blocking, etc.) on which the design is based.
(2) Devices and methods to be used in connecting all components and
systems; including, but not limited to, roofs, walls, floors and utilities.
(3) Leveling, including releveling.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1. Amendment filed 9-7-73;(Register 73, No. 36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§4369. Heat Loss.
(a) That portion of a commercial coach containing a hotel, motel,
apartment house, lodging house, dwelling unit, dormitory, or guest room
shall be constructed to comply with this section.
(b) The minimum total resistance value (R), excluding framing of the
wall (less windows and doors), ceiling, and floor shall not be less than:
Wall 11.0
Ceiling 19.0
Floor 11.0
(c) Coinpliance. Upon coinpletion of the installation of insulation, a
label certifying that the insulation has been installed in conformance with
the requirements of these regulations shall be completed and executed by
the manufacturer.
This insulation compliance label shall be posted at a conspicuous loca-
tion within the commercial coach.
(d) Doors, windows and exhaust fans shall meet the air infiltration re-
quirements of T20- 1403d, Title 24, C.A.C.
(e) Climate control equipment shall comply with Sections T20-1404
and T2a-1405, Title 24, C.A.C.
(f) Service hot water heating shall comply with Section T20-1 406(a)
(b) (d) & (f), Title 24, Part 6, Article 2, Division 1 , CaUfomia Administra-
tive Code.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055 and 18056.5, Health and Safety Code.
History
1 . Amendment filed 9-7-73; ; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 75, No. 30).
3. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4369.5. Energy Requirements.
All commercial coaches except those occupancies listed in Section
4369 shall comply with Sections T20-1452, T20-1454, and T20-1455,
Title 24, Part 6, Article 2, Division 1, California Administrative Code,
and the following requirements.
(a) Vehicle Envelope.
(1) The U value of the opaque surfaces between conditioned and un-
conditioned in spaces shall not exceed the values shown in Table A-1 .
Or 2. The envelope shall comply with Sections T20-1492 thru
T20-1494, Title 24, Part 6, Article 2, division 1, California Administra-
tive Code.
TABLE A-1
Vehicle Component Mcocinium U Value
] 2
Wall 0.095 0.080
Ceilings 0.060 0.050
Hoors 0.090 0.080
^When the effects of all elements of construction, including framing members
such as joist and studs, are considered or when all the thermal insulation is in-
stalled so that it is not penetrated by framing members.
2 When the effects of framing members such as studs and joist are not considered.
(b) Air Leakage.
(1) General. The requirements for air leakage are hmited to those
locations separating exterior vehicle ambient conditions from interior
building conditioned air space and are not applicable to the separation of
interior conditioned spaces from each other.
(2) Compliance. Compliance with the requirements for air leakage
shall be determined by ASTM E283-73, Standard Method of Test for
Rate of Air Leakage through Exterior Windows, Curtain Walls and
Doors, at a pressure differential of L567 \blii-, which is equivalent to the
effect of a 25 mph wind.
(3) Air Leakage Requirements-Window. Air leakage requirements
for windows shall be as follows:
(A) The air infiltration rate for manufactured openable exterior win-
dows shall not exceed 0.5 frm per foot of operable sash crack. All man-
ufactured windows shall be certified and labeled and shall comply with
the above standards for air infiltration.
Note: Required steel fire-rated windows are exempted from these requirements.
(B) The air exfiltration rate for manufactured openable exterior win-
dows shall meet the requirements of Section T20-1495 (c) (1) Title 24,
Part 6, Article 2, Division 1, Cahfornia Administrative Code by January
1, 1980.
Page 186
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Title 25
Factory-Built Housing and Mobile Homes
i^ 4377
(C) F^ixcd windows conslruclcd on site shall be sealed to limit air infil-
iralion.
(4) Air Leakage Requirements. Doors. Air leakage requirements Tor
doors shall be as follows:
(A) The air inliliration rale lor manufactured exterior sliding glass
doors shall not exceed 0.15 cfm per linear foot or crack. All manufactured
sliding glass doors shall be certified and labeled and shall comply with
the above standards for air infiltration.
Noil,: i\cc|uired sloel lire-rated doors arc exempted from these requirements.
(B) The air ex filtration rate for manufactured exterior sliding glass
doors shall meet the requirements of Section T2()-14')5 (d)(1) Title 24,
Part 6. Article 2. Division 1 . California Administrative Code by January
I. 1980.
(C) All exterior doors, other than fire-rated doors, shall be so designed
to limit air leakage around their perimeter when in a closed position.
( 1 ) All doors shall be provided with a seal, astragal, or baffle at the
head and sill.
(2) Door frames mounted on either tiie inside or outside of an exterior
wall shall have a minitiium one-inch lap at each jamb.
{}) Doovs requiring vertical track or guides shall use a conlinous
mounting angle, sealed in accordance with Section T20-1495 (e) Title
24. Part 6, Article 2, Division 1 , California Administrative Code at each
Jamb.
(4) Doors mounted between the jambs shall have a continuous seal or
battle at each jamb.
(5) Meeting rails of sectional doors and meeting stiles or rails of bi-
parting doors shall be provided with a seal, astragal or baffle.
(6) Swinging and revolving doors shall be weather-stripped at the
head, sill, and jambs.
(7) Double doors shall be provided with a weather-tight astragal or
closure at the center crack.
(c) Caulking and Sealants. Open exterior joints around window and
door frames, between wall and floor, between wail and roof, at penetra-
tions of utility services through walls, floors and roofs and all other open-
ings in the exterior envelope shall be seald, caulked gasketed, or wea-
ther-stripped to limit air leakage.
(d) Gravity Ventilators. Gravity ventilators shall comply with the pro-
visions of Section T2()-15()5. Title 24, Part 6, Article 2, Division 5. Cali-
fornia Administrative Code.
EXCL-ITION: Commercial Coaches with 1.000 square feel or less of gross floor
area do not need to comply with this sub.section.
(f) Heating, Ventilating, and Air Conditioning (HVAC) Equipment.
HVAC equipment performance shall comply with Sections T20-1510
through T2()- 1518, Title 24, Part 6, Article 2, Division 6. California Ad-
ministrative Code.
ExC'fLPTION: Commercial Coached with 1.000 square feet or less of gross floor
area do not need to comply with this subsection.
(g) Service Water Heating. Service water heating shall comply with
Sections T20- 1 520 Through T2()-1525, Title 24. Part 6, Article 2, divi-
sion 7, California Administrative Code.
(h) Lighting. Lighting shall comply with Sections T20-1540 through
T2()-1542, Title 24, Part 6, Article 2, Division 9, California Administra-
tive Code.
EXCEPTION: Commercial coaches with 1,000 square leet of gross floor area or less
having 2.7 watts per square foot lighting load or less need only comply with Sec-
tion T2()- 1 541 (b). Title 24, Pan 6, Article 2, Division 9. California Administrative
Code.
NOTti: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
lions 18056.3 aiid 18056.5, Health and Safety Code.
History
1. New section tiled 9-7-7.3; effective thirtieth day thereafter (Register 73, No.
36).
2. Amendment filed 6-9-77; designated effectiye 9-1-77 (Register 77, No. 24).
3. Amendment tiled 12-7-79; effectiye thirtieth day thereafter (Register 79, No.
49),
§ 4370. Noise Insulation Standards.
Noise insulation installations shall be in accordance with applicable
requirements of California Adininistralive Code, Title 24, Part d. Divi-
sion T2.5, Chapter 1 . Subchapter I , Atiicle 4, Section T25-28. The prox i-
sions of this section apply to new hotels, motels, aparimcni houses and
dwelling occupancies other than detached single-family dwellings.
NOTt- Authority cited: Section 18020, Health and Safety Code. Rclcrcnce: Sec-
tion 18056.6 Health and Safely Code.
History
1. Amendment filed 9-7-73; ciTeclive thirtieth day thereafter (Register 73. No.
.36).
2. Amendment filed 1 2-7-79; clfectivc thirtieth day ihcrcaltcr (Rciiister 79. No.
49).
§ 4371 . Glass and Glazed Openings.
All glass and glazing shall comply with Chapter 54, Uniform Building
Code. 1976 edition.
NOTE; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 1 8056.5. Health and Safely Code.
HisrORY
1. Amendment filed 9-7-73; effective thirtieth day thereafter (RcLMster 73. No.
.36).
2. Amendment filed 12-7-79; effective thirtieth day ihercalter (Reuister 79, No.
49).
§ 4372. Fire Safety and Occupancy.
CoiTimercial coaches shall coinply with requirements for fire safety
and occupancy, as required for a building of like occupancy pursuant [o
the Uniform Building Code, 1976 edition, applicable requirciTients of
Section B1316. Part 2, Title 24, California Administrative Code, and
applicable requirements of Title 19, California Administrative Code, re-
lating to fire alarm and automatic sprinkler systems, unless specifically
exempted or required by this article.
NOTE: Authority cited: Section 18020. Health and Safety Code. Rclcrcnce: Scc-
fions 18056.5 and 18058, HeaUh and .Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Rcsistcr 73. No.
36).
2. Amendment filed 12-7-79; effectiye thirtieth day thereafter (Register 79. No.
49).
§ 4373. Fire Safety and Occupancy.
History
\. Repealer filed 9-7-73; effective thirtieth day thereafter (Register 73. No. 36).
§ 4374. Interior Walls, Partitions, and Ceilings.
The interior finish of all commercial coaches shall comply with Chap-
ter 42, Uniform Building Code, 1976 edition.
NOTE: Authority cited Section 18020. Health and Safety Code. Reference: Sec-
tion 18058. Health and Safety Code.
HiSlORY
1. Amendment filed 9-7-73; effective thirtieth day thereafter (RcLMster 73.
No.36).
2. Amendment filed 7-25-75; designated effeclive 9-1-7.^1 (Register 7.^. No. 30).
3. Amendment of subsections (a) and (e) filed 6-9-77; designated effective
9-1-77 (Register 77, No. 24).
4. Amendment filed 12-8-79; effective thirtieth day thereafter (Register 79. No.
49).
§ 4376. Exits.
Commercial coaches shall be provided with exits, as required for the
type of occupancy for which the coach is designed, in accordance w ith
Chapter 33 of the Uniforin building Code. 1976 edition.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18056.5 and 18058, Health and Safety Code.
History
1. New section filed 9-7-73; effective thirtieth day thereafter (Register 73. No.
36).
2. Amendment filed 12-7-79; effective thirtieth dav thereafter (Register 79. No.
49).
§ 4377. Interior Walls, Partitions, and Ceilings.
NOTE: Authority cited; Section 1H020. Health and Satety Code. Reference: Sec-
tion 18058. Health and Safety Code.
Page 187
(4-1-90)
§ 4378
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History'
1. New section filed 9-7-73; efTeclive thiilielli dav thereafter (ReiMster 73. No.
36).
2. Repealer filed 1 1-1-19: effective thirtieth day thereafter (Register 79. No. 49).
§ 4378. Fire Safety and Occupancy.
NOTi;: Authority cited: Section 18020, Health and Salelv Code. Reference: Sec-
tions 1S056.5 and IS0.S8. Health and Safety Code.
History
1. New section filed 9-7-73: effective thirtieth dav thereafter (Register 73, No.
36).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77 No. 24).
3. Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79, No. 49 ).
§ 4379. Physically Handicapped Requirements.
Sanitary facilities shall comply with the requirements o^ of the Uni-
form Building Code, J 976 edition. Section 1711.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 1 80.^^6..^ Health and Safety Code 1711.
Hi. STORY
1. New section filed 9-7-73; effective thirtieth day thereafter (Resister 73, No.
36).
2. Amendment filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
3. Amendment fded 12-7-79; effective thirtieth day thereafter (Reeister 79, No.
49).
Appendix CC-1
Table CC-1
Accepted Engineerinji; Practice Standards
Aluminum
Aluminum Construction Manual, Specifications for
Aluminum Structure AA- 1971
Steel
Specification for the Design, Fabrication, and Erection of Structural
Steel for Buildings AlSC-1973=i^
Specification for the Design of Cold-Formed Steel
Stnictural Members AISl-1968**
Specification for the Design of Light Gage Cold-Form Stainless
Steel Structural Members^ AlSl-1968
Standard Specifications for Open Web Steel Joist,
.1 & H-Series AISC & SJI-1970
Structural Welding Code AWS 01 .0-72
Wood and Wood Products
Hardboard AHA PS 58-73, 59-73. 60-73
Hardwood and Decorative Plywood USDC PS 51-71
Structural Design Guide for Hardwood Plywood
HPMA Design Guide ' HP-SG-7]
Plywood Construction Guide APA C 300-1978
Timber. Structural Glued Laminated-Inspection Manual for AITC 200-1973
Timber, Structural Glued Laminated USD PS 56-73
Softwood Plywood-Constioiction and Industrial PS 1-74
Design and Fabrication Specifications for Plywood
Lumiber Components 0860-1978
National Desisn Specifications for Wood Construction . . , NFPA-1977**-''
Wood Structural Design Data NFPA-1978
Span Tables for Joist and Rafter (PS 20-70) NFPA-1978
Working Stresses for Joist and Rafters NFPA-1977
Timber Construction Standards AITC 100-1972
Design Specifications for Metal Plate Connected Wood Trusses . TPl-1978
Span Tables for Metal Plate Connected Wooden Tnisses TPl-1978
Mat-Formed Wood Particleboard CS 236-66
Fire Safety
Method of Test for Surface Burning Characteristics of Building
Materials ASTM-E84-1970
NFPA No.255-1972
ANSI A2. 5-1970
UL 723-1971
Safety to Life from Fire in Buildine and Structures . . . NFPA No. 101-1 973
ANSI A9.1-1974
Standard for the Installation, Maintenance, and Use of
Household Fire Warning Equipment NFPA No 74-1974
Windows and Glazing
Transparent Safety Glazing Material Used In Buildings . ANSI Z97. 1-1974
Window Specifications for Utilization in Mobile and
Factory-Built Homes MHMA Spec. No
1-71 (Rev. 1973)
Metal Windows ANSI A 134.1-1972 or equivalent
Wood Windows NWMA IS-2 or equivalent
Metal Sliding Glass Doors ANSI A 143.2-1972 or equivalent
Wood Sliding Glass Doors NWMA lS-3 or equivalent
Unclassified
ASH RAF Handbook of Fundamentals 1977 1977
Buildine Code Rec|uirements for Minimum Dessin Loads in Buildings
and other Structures .^ ANSI A58.1-1972
N4anutacture, Selection and Application of Asphalt Roofing and
Siding Products-Asphalt Roofing Industry Bureau
AA-The Aluminum Association, 750 Third Ave., New York, N.Y. 10017
AH A-American Hardboard Association. 20 North Wacker Drive. Chicago Illi-
nois 60060
AlSC-American Institute of Steel Construction. 101 Park Ave.. New York.
N.Y. 10017
AISl-American Iron and Steel Institute. 150 Fast 42nd St.. New York. N.Y.
10017
AITC-American Institute of TimberConstruclion. 333 W. Hampden Ave., En-
glewood, Colorado 801 10
ANSI- American National Standards Institute. 1430 Broadway. New York,
N.Y. 10017
APA-American Plywood Association, P.O. BOX 1 1,700. Tacoma, Washing-
ton 9841 1
ASHRAF-American Society of Healing, Refrigeration and Air-Conditioning
Engineers, 345 Fast 47th Street New York, N.Y. 10017
ASTM-Anierican Society for Testing and Materials. 1916 Race Street. Phila-
delphia. PA 19103
AWS-Amcrican Welding Society. 2501 NW 7th Street. Miami. Florida 33125
MHM A-Mobile Homes Manufacturers Association, 14650 Lee Road, Chantil-
ly,VA 22021
HPMA-Hardwood Plywood Manufacturer's Associalion,2310S. Walter Reed
Dr., P.O. Box 6246. Ariington. VA 22206
CS-Comniercial Standards, available from Supt. of Documents, U.S. Govern-
ment Printing Office, Washington, DC. 20402
NFPA-National Fire Protection As,sociation, 470 Atlantic Avenue, Boston,
MA 02210
FPA-National Forest Products Association, 1619 Massachu.setts Ave., N.W.,
Washington, DC. 20036
NPA-National Particleboard Association, 2306 Perkins Place, Silver Spring,
MD 20910
PFS-PFS Coiporation, Route 5, 2402 Daniels St., Madison, Wl 53704
PS-Product Standard-available from Supt. of Documents, U.S. Government
Pnnting Office, Washington, D.C. 20420
SJI-Steel Joist Institute, 2001 Jefferson Davis Highway, Arlington, VA 22202
TPI-Truss Plate Insfitute, 919 Eighteenth St., N.W. Washington. DC. 20036
UL-Underwriters' Laboratories, Inc., 333 Pfingste Rd., Northbrook, 111. 60062
USDC-United States Department of Commerce. Washington, D.C. 20234
Note: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18056.5, Health and Safety Code.
History
1 . Renumbering from Table B-1 and amendment filed 7-25-75; designated effec-
tive 91-75 (Register 75, No. 30).
2. Renumbering from Appendix CC, and amendment filed 6-9-77; designated ef-
fective 9- 1-77 (Register 77, No. 24).
3. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79. No.
49).
■Supplements Nos. 1,2, and 3.
'''■'Adilendum.
'■''■'" Supplement issued June 1978.
Appendix CC-2
Roof Coverings
Roof Coverings
Roof coverings shall be as specified in this Appendix.
Definitions. For the purpose of this Appendix, certain terms are desig-
nated as follows:
Base Sheets are one or more layers of fell of combination sheet over
which is applied a cap sheet, organic or inorganic fiber shingles, smooth
coating, or mineral aggregate.
Built-up Roof Covering is two or more layers of roofing consisting of
base sheets, and cap sheet, mineral aggregate, smooth coating, or similar
surfacing material.
Cap Sheet is roofing made of organic or inorganic fibers, saturated and
coated on both sides with bituminous compound surfaced with miner
granules, inica, talc, ilminite, asbestos or other inorganic fibers, or simi-
lar materials.
Page 188
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Title 25
Factory-Built Housing and Mobile Homes
i^ 43S()
(\)inhinatic)n Sheet is ply sheet nileiirally attached to kialt paper.
C\)mp(.)silii)ii looliiie is any asphaUic roofing.
C'orfosioii-kesistant is any nonleiTOLis metal. t)r any nielal having an
unbroken siirl'aeing or noiilerroLis metal or steel not less than 10 percent
chromium or with not less than 0.2 percent copper.
Felt is matted organic or inorganic fibers, saturated with bituminous
compound.
hiterlayment is a layer ofi'elt not less than 1 8 inches wide shingled be-
tween each course ol roof covering so that no lelt is exposed to the weath-
er.
Ply .Sheet is glass liber felt sheet coated on both sides with asphalt.
Prepared Roof Covering Material is any manufactured or processed
roofing material as distinguished from built-up roof coverings.
R(.)ofing Square is 100 square feet of roofing surface.
Spot-Cementing isdiscontinous application t)f hot asphalt, cold liquid
asphalt compound, hot coal tar pilch or their approved cemenling materi-
al.
IJnderlayment is one or more layers of felt applied as required lor a
base sheet, over which finish roofing is applied.
Wood Shakes are tapered or nontapered pieces of Western red cedar
or redwood t)f random widths ranging from 4 inches to 14 inches, and of
the following types:
1 . Hand-split and resawn: tapered and having one sawed and one split
face. \5 inches, 18 inches or 24 inches in length.
2. Taper-split: tapered and having both split faces, 24 inches in length.
.V Straight-split: nontapered and with both split faces either 1 8 inches
or 24 inches in length.
4. Taper sawn redwood shakes-sawn bt)lh sides-edges sawn or split
with edge variation not to exceed 1/8 inch permitted in the specified
thickness. Lengths 24 inches and longer.
Wood Shingles are tapered pieces of Western red cedar or redwood,
sawed bolh sides of random widths ranging from } inches to 14 inches
and 16 inches, 18 inches or 24 inches in length.
Roofing material shall conform to the following:
1. Identification. All material shall be delivered in the original pack-
ages bearing the manufacturer's label.
Each package of prepared roofing and built-up roof covering materi-
als shall bear the label oJan approved testing laboratory having a .service
for the inspection of material and finished products during manufacture
for such roofing material.
Each bundle of wood shakes, wood shingles and slate shingles shall
bear the label of an approved inspection bureau or agency showing the
grade and compliance with the applicable standard.
Asphalt or pitch shall be delivered in cartons indicating the name of
the manufacturer and the softening point of the product. Bulk shipments
shall be accompanied by a certification from the manufacturer.
2. Metal roofing. Metal roofing exposed to the weather shall be corro-
sit)n-resistant.
Corrugated or ribbed steel shall be not less than No. 30 galvanized
sheet gauge.
Flat steel sheets shall be not less than No. 30 galvanized sheet gauge.
Flat nonferrous sheets and shingles shall not be less than No. 28 B & S
gauge.
Application. Shingles and Shake Roois. General Roofing shingles
shall be applied to roofs with solid or spaced sheathing in accordance
with the manufacturer's installation instructions, and as approved by the
department. Where underlayment is specified, it shall be installed in one
or more layers starting in the low spots toward the high spots with felts
laved so that edges will shed water. Underlayments shall be applied as
for base sheets.
I . Asphalt Shingles. Asphalt shingles shall be applied only to solidly-
sheathed roofs in accordance with manufacturer's installation instruc-
tions. The minimum slope for asphalt shingle installation shall be in ac-
cordance with manufacturer's instructions and as approved by the
department.
2. Wood Shingles. Wood shingles shall not be installed on slopes less
than 4 inches to 12 inches unless they are installed over an underlay o\'
not less than I .^-pound felt, applied as required for a base sheet, and im-
less approved by the department.
3. Wood Shakes. Shakes shall not be installed on a roof having a slope
less than 4 inches to 1 2 inches unless they are installed over an underlay
of not less than 30-pound fell, applied as required for a base sheet, and
unless approved by ihe department.
4. Asbestos Cement Shingles. Asbestt)s cement shingles ma> he in-
stalled on slopes as low as 3 inches to I 2 inches w here undelaymenl ctxi-
sists of two layers of 15- pound felt applied in shingle fashion. Asbestos
cement shingles shall not be installed on a roof having a slope less than
3 inches to 1 2 inches unless installed per manufacturer's instructions and
as approved by the department.
.5. Metal shingles. Metal shingles shall be installed according to man-
ufacturer's installation instructions. The minimum slope for metal
shingles shall be in accordance with the manufacturer's instructions and
as approved by the department.
6. Slate Shingles and Tiles. Slate shingles and tile shall be installed ac-
cording to manufacturer's installation instructions. The minimum slope
for slate shingles and tile shall be in accordance with the maulacturer's
instructions, and as approved the department.
Other Roof Coverings. General. The following roof coverings shall be
applied in accordance with the manufacturer's installation instructii)ns.
1. Metal Roofing. Metal roofing shall be installed according to the
manufacturer's installation instaiclions and as approved by the depart-
ment.
2. Corrugated Asbestos Cement Rool'ing. Corrugated asbestos cement
roofing shall be applied only to solidly-sheathed roofs. Corrugated as-
bestos cement roofing shall be installed according to the manufacturer's
installation instructions and as approved by the department.
Built-Up Roofs. General. Built-up roofing shall be applied only to so-
lidly-sheathed roofs. Built-up loofing shall be applied by starling at the
low spots and working toward the ridges with fells and cap sheets apjilied
in shingle fashion to drain water. Fell and cap sheets shall be applied in
solid, uniform moppings of bitumen. Built-up roofing shall be applied
in accordance with the manufacturer's instructions only clean, diy decks
and as approved by the department.
Notl: Authority cited: Section 18020. Health and Safety Code. Relcrencc: Scc^
tion I80.'S6.5. Health and Safety Code.
Hl.STORY
1. Numbering lo Appendix CC-3 filed 6-*^- 77; (Register 77. No. 24).
2. Repealer of Appendix CC-2 and renumbering ol Appendix CC 3 lo Appendix
CC-2liled l2-7-79:i.-ffectivethirtiethda\ Ihereaher (Register 79. No. 49). For
historvof former Appendix CC-2. sec Register 7.S, No. 30 and ReLMsier77. No.
24).
Subarticle 2. Electrical
§ 4380. Application and Scope.
The provisions of this article relating to electrical equipment and in-
stallations apply lo all commercial coaches manufactured. After Novem-
ber 23. 1 970. and sold, offered for sale, rented, or leased within this Slate.
Tlie provisions of this article are also applicable lo the alteration or con-
version of electrical equipment and installations in any commercial
coach bearing or required to bear a department insignia of approval.
(a) Standards for Equipment and Installations. Standards for equip-
ment and inslallalions are listed in Appendix CC-E-1. Equipment and
installations conforming to these standards or to other approved stan-
dards shall be considered acceptable by the department when listed or la-
beled and installed in accordance with the requirements of this article and
the conditions of their approval, except where otherwise provided in this
article.
(b) Electrical Standards. Eleelrical equipment and installations in or
on a commercial coach shall be installed in accordance with the require-
Page 189
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§ 4380
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
mciiis of the National Electrical Code, 1978 edition, unless otherwise
specilically exempted or required by this division.
NOT! :: Authority cited: Sections 1 8028 and 1 8055. Health and Sal'eiy Code Rclcr-
cnce: Section 18055. Health and Safety Code.
His torn'
1 . New section tiled 7-25-75; designated etTective 9-1-75 (Register 75. No. .^Ol.
2. Amendment of Section and NOTR tiled 6-9-77: designated eftective 9-1-77
(Kegi.ster77, No. 24).
3. Amendment ofsuhsection (h) Hied 12-7-79: effective thinieth dav therealier
(Kcgi,ster79, No. 49).
§4381. Definitions.
Definitions contained in the Health and Safety Code. Division 1 .C Pait
2. in the National Electrical Code, 1978 edition, and the following defini-
tions shall apply to this article.
Convener. A device which changes electrical energy from one form
to another, as from alternating current to direct current.
Distribution Panelboard means a single panel or group of panel units
designed for assembly in the form a single panel; including buses, and
with or without switches and/or aulomaiicovercurrent protective devices
for the control of light, heat or power circuits of small individual as well
as aggregate capacity; designed to be placed in a cabinet or cutout box
placed in or against a wall or partition and accessible only from the front.
Dwelling Unit. One or more habitable room which are designed to be
occupied by one fatiiily with facilities for living, sleeping cooking, eating
and sanitation.
Feeder Assembly. The overhead or under-chassis feeder conductor,
including the grounding conductor, together with the necessary fittings
and equipment or a power-supply cord approved for mobile home use,
designed for the purpose of delivering energy from the source of electri-
cal supply to the commercial coach distribution panelboard.
Low Voltage. An electromotive force rated at 24 volts or less, supplied
from a transformer, converter or battery.
N.E.C. When used in this article shall mean the National Electrical
Code, 1978 edition.
NOTE; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
1 . Amendment of section and repealer of Table I tiled 9-7-73; effective thinieth
dav thereafter (Register 75, No. ,30). for history of former section, see Resister
73', No. .36.
2. Amendment tiled 12-7-79; etTective thirtieth day thereafter (Register 79. No.
49).
§ 4382. Standards for Equipment and Installations.
History
1. Amendment of .section and repealer of Table 1 tiled 9-7-73; etTective thinieth
day thereafter (Register 73. No. 36).
2. Repealer Hied 7-25-75; designated effective 9-1-75 (Register 75. No. 30).
§ 4383. Low-Voltage Systems.
(a) Low-voltage circuits furnished and installed by the cointTiercial
coach manufacturer are subject to these regulations.
ExtT:PT10N: Vehicles containing only battery circuits or24 volts or less supplying
energy exclusively for the following are not subject to this subchapter:
(1) illuminating lights when the vehicle contains no other systems
such as plumbing, heating or electrical over 24 volts.
(2) Circuits supplying running lights, taillighls. stop lights, electrical
braking, or vehicle ignition systetns.
(b) Wiring Materials
( 1 ) Conductors. Copper conductors shall be used for low-voltage cir-
cuits.
(2) Insulation. Conductors shall conform to the requirements for Type
HDTSGT. or SGR. or Type SXL. or shall have insulation rated at least
60" C and a minimum wall thickness of 30 mils of thermoplastic insula-
tion or equal.
Note: See SAE Standard .11 128 for Types HDT and SXL. and SAL Standard
J] 127 for Types SGT and SGR, in the 1977 SAE Handbook.
(3) Single-Wire. Single-wire, low-voltage conductors shall be of the
stranded type.
(c) Marking of Insulated Low-Voltage Conductors. All insulated
low-voltage conductors shall surface marked at intervals no greater than
four feet as follows:
( 1 ) Listed conductors shall be marked as required by the listing
agency.
(2) SAE conductors shall be marked with the name or logo of the man-
ufacturer, specification designated and wire gauge.
(3) Other conductors shall be marked with the name or logo of the
manufacturer temperature rating, wire gauge, conductor material, and in-
sulation thickness.
(d) Low-Voltage Wiring Methods.
( 1 ) Securing conductors. Conductors shall be protected against physi-
cal damage and shall be secured. Where insulated conductors are
clamped to the structure, the conductor insulation shall be supplemented
by an additional WTap or layer of equivalent iTiaterial, except that jacketed
cables need not be so protected. Wiring shall be routed away from sharp
edges, tnoving parts or sources.
(2) Splicing or Joining Conductors. Conductors shall be spliced or
joined with approved splicing devices or by brazing, welding, or solder-
ing with a fusible metal or alloy, coldered splices shall first be so spliced
or joined as to be mechanically and electrically secure without solder and
then soldered. All splices, joints, and free ends of conductors shall be
covered with an insulation equivalent to that on the conductors.
(3) Separation of Circuits. Battery and direct-current circuits shall be
physically separated by at least 1/2-inch gap or other approved ineans,
froin circuits of a different power source. Acceptable methods shall be
by clamping, routing, or equivalent means which insure permanent total
separation. Where circuits of different power sources cross, the external
jacket of the nonmetallic sheathed cables shall be deemed adequate sepa-
ration.
(4) Ground Terminals. Ground terminals shall be accessible for ser-
vice. The surface on which ground terminals make contact shall be
cleaned and fee from oxide or paint, or shall be electrically connected
through use of a cadmium, tin or zinc plated external to other lockwasher
or lock-ring terminals. Ground terminal attaching screws, rivets or bolts,
nuts and lockwashers shall be cadiniuiTi, tin or zinc plated, except rivets
shall be permitted to be unanodized aluminum when attaching to alumi-
num structures.
(e) Battery Installations. Storage batteries subject to the provisions of
this Article shall be securely attached to the vehicle and installed in an
area vapor-tight to the interior and ventilated directly to the exterior of
the vehicle. When batteries are installed in a compartment the compart-
ment shall be ventilated with openings having a minimum area of 1.7
square inches (I I cm-) at both the top and at the bottom. Batteries shall
not be installed in a compartment containing spark or flame producing
equipment except that they shall be permitted to be installed in the engine
generator compartment if they only charging source is from the engine
generator.
(0 Exterior Lighting Circuits. Metal chassis or frame may be used as
the return path for exterior lighting circuits Terminals for connection to
the chassis or frame shall be of the solderless type and approved for the
size and type of wire used. Mechanical connections to the frame or chas-
sis shall be made secure.
NOTE: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
lion 18055. Health and Safety Code.
History
1. Amendment tiled 9-7-73; effective thinieth day thereafter (Register 73. No.
36).
2. Amendment filed 12-7-79; effective thinieth day thereafter (Register 79. No.
49).
§ 4384. Overcurrent Protection, Low-Voltage Circuit
Wiring.
(a) Rating of Overcurrent Protective Devices. Low-voltage circuit
wiring shall be protected by overcurrent protective devices rated not in
excess of the ampacity of copper conductors, as follows:
Page 190
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Title 25
Factory-Built Housing and Mobile Homes
^ 43S9
•
U7/<- .S7:(' ;\iupchit\ WireTv/w
IS 6 StraiuiccI txily
16 S Stvaiuled only
14 13 Strandoci or solid
12 20 Stranded or solid
10 .^0 Slrandcd or solid
Noil : hor other attow able eoiidueior anipaeities. refer lo the Nalit)nal HIeelrieal
CodelNFPA 7()-m7S (ANSI). Tahle 3 10-16.
(h) Circuil-Bicakers or Fuses. CircLiil-Brcakcrs or Ilisl's shall he of
the approved type, inckidini! auloniolive types. Fuseholders shall be
elearly marked with niaxinuini fuse si/e.
Noil : hor liiilher intornialion see Soeietv of Aulornoiive Hneineers (SAH) Stan-
dard lor hdeetrie Fuses ( S AK .I5.'i4a- 1 y7.">: ANSI C 1 1 8. 1 - 1 973 ) and Underwriters
laboratories Ine.. Standard lor Automotive Glass Tube Fuses (UL 275B-iy73).
(e) Higlier Current-Consuming Direet-Currenl Applianees. Higher
eurreni-eonsuming direet- eurrenl appliances such as pumps, compres-
sors, heater blowers and similar motor-driven appliances shall be in-
stalled in accordance with the mantilaclurer's instructions. Motors which
are controlled by automatic switching or by latching-type manual
switches shall be protected in accordance with Section 4.30- .^2 (c) ol'the
National Electrical Code (NFPA 70-1978 (ANSI)).
(d) Location ol' Overcurrent Protective Device. The oveicurrent pro-
tective de\ice shall be installed in an accessible location on the vehicle
u ithiii 1 8 inches {451 mm) of the point where the power supply connects
to the vehicle circuits. If located outside the vehicle, the device shall be
jiroiected against weather and physical damage.
Hxri.PTION: Fxlernal low voltage supply shall be perniitled lo be fused within IS
inches (451 tnni) after entering the vehiele or after leaving a raceway.
(e) Switches. Low-Voltage Circuits. Switches shall have a direct cur-
rent rating not less than the connected load.
NoTf; Authority cited: .Section IS()20. Health and Salelv Ce)de. Reference: See-
lion 1S0.-S5. Health and Safely Code,
HlS'lORY
1. Repealer Hied 9-7-73: effective thirtieth day thereafter (Register 73. No. 36).
2. New Section Filed 1 2-7-79: effective thirtieth dav thereafter (Register 79. No.
49).
§ 4385. Equipment and Fixtures, Low-Voltage.
(a) Incandescent Lighting Fixtures. All incandescent low-voltage in-
terior lighting fixtures shall be listed.
(b) Cigarette Lighter Receptacles. Twelve (12) volt receptacles that
will accept and energi/e cigarette lighters shall be installed in a noncom-
buslible outlet box.
NoTt \ Auihoriiv cited: Section 1X020. Health and Safety Code. Reference: Sec-
tion 1X0.S5. Health and Salety Code.
History
1. Amendment Hied 9-7-73: effective thirtieth dav thereafter (Reeister 73. No.
36).
2. Amendment tiled 12-7-79: efteeti\e thirtieth dav thereafter (Register 79. No.
49).
§ 4386. Circuit Overcurrent Protection.
History
I Repealer filed 9-7-73: effective thirtieth day thereatter (Register 73. No. 36).
§ 4387. Combination Electrical Systems.
(a) General. Vehicle wiring suitable for connection lo a battery or di-
rect-cut rent supply source shall be permitted to be connected to a
1 LVvolt source provided that the entire wiring system and equipment
are rated and installed in full conformity to the requirements of this Ar-
ticle covering 1 L'S-volt electrical systems. Circuits fed from alternating
cuiTcni transformers shall not supply direct-current appliances.
(b) Voltage Converters (1 15-Volt Alternating Current to Low-Vol-
tage Direct Cut rent). The 1 15-volt alternating current side of the voltage
converter shall be wired in full conformity with requirements lor
1 LS-voll electrical systems.
Ex(T:I''II0N: Conveners supplied as an integral part of an approved appliance
shall not be subject to the above.
All converters and transformers shall be listed /"or u.se in recreational
vehicles and designed or equipped to provide over-temperature protec-
tion. To determine the converter ratine, the following formula shall be
applied to the total connected load, including a\eiage ballery charging
rate, of all 12-volt equipmem:
The llist 20 amperes of load at 100 percent, plus
the second 20 amperes of load at 5i) percent, plus
all load above 40 amperes at 2.S percent,
(c) Dual-Voltage Fixtures or Appliances. Fixtures or appliances lia\-
ing both 1 l.S-volt and low-voltage connections shall be listed or ap-
proved lor dual voltage.
fd) Atitotransforiners. Autoiransformers shall not be used,
(e) F^eceptacles and Plug Caps. When a vehicle is equipped with a
120-volt or 12()/240-volt alternaiing-curreni system and/or a low-vol-
tage system, receptacles and plug caps ol'the U)w-voliage systems shall
differ in configuration from those ol'the 120- or l2()/240-voll system.
When a vehicle equipped with a battery or direct-current system has an
external connection for low-voltage power, the receptacle shall ha\e a
configuration that will not accept l2()-volt power.
NO'I I-.: Authoritv cited: Section 1X020. Health and Salelv Cotle. Reference Sec-
tion \m>5. Health and Safely Code.
HlSfOk^
1. Repealer filed ^-l-l?'-. effective thirtieth da> thereatter (Regisier 73. No. 36).
2. New section Hied 12-7-79: effective thirtieth dav thereafter (Rcjisler 79. No.
49).
§ 4388. Identification.
HiSIORY
1. Repealer tiled 9-7-73; effective thirtieth day thereafter (Register 73. No. 36).
§ 4389. Fuel-Fired Engine Driven Generator Units.
(a) Certification. All fuel-fired engine driven generators shall be in-
vestigated and listed in accordance with nationally recognized .standards
by an approved testing agency. (See Appendix CC-E. Table CC-E-1 )
(b) Installation. Fuel-fired engine driven generators shall be installed
in accordance with the equipment inanufacturers installation instructions
and these regulations. A copy ol'the installation instructions shall be prt)-
vided in the vehicle.
(c) Mounting. Generator units shall be mounted in a manner so that ad-
equate stRictural support from the vehicle fraiTie. is provided ft)r the
equipment. The equipment shall be secured in place by a method that will
preclude displacement from vibration and road shock.
(d) Compartment Separation. Generator unit compartments shall be
designed and installed to provide a vapor-tight separation between the
compartment and the interior living areas of the vehicle.
(e) Compartment Construction. Generator unit compartments shall be
constructed of galvanized steel, not less than 0.0299 inch (().7.s9 mm)
thick. Seams and joints shall be lapped, mechanically secured and made
airtight to the interior of the vehicle. Alternate materials and methods of
construction may be used if they provide equivalent quality, strength, ef-
fectiveness, fire resistance, durability and safety.
(f) Compartment Penetration. Fuel-fired engine exhaust systems.
fuel-supplies, electrical conduit, cables, conductors and equipment shall
not penetrate any area of the compartment that .separates the compart-
inent from the interior of the vehicle. Electrical conduit, cables and con-
ductors penetrating the compartment in areas other than those that .sepa-
rate the compartment from the interior ol'the vehicle, shall be protected
by the use of tight fitting grommets.
(g) Compartment Ventilation. Coinpariments shall be provided with
ventilation. The type, amount and location of coiTtparlmenl ventilation
shall be provided in accordance with the equipment manufacturer's in-
stallation instructions.
(h) Exhaust Systems. Except as provided by the equipment manufac-
turer's installation instrucfions, fuel-fired engine exhaust systems shall
he separated a minimum of 1 1/2 inches from any combu.stible material
or insulated or shielded so that it does not raise the temperature of any
combustible material to more than 194'^ F (90*' C).
Exhaust systems shall be provided with an effective spark arrester and
shall not terininate adjacent to the vehicle gasoline filler spout. Exhausts
shall terminate beyond the periphery of the vehicle.
Page 191
(4-1-90)
§ 4390
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(i) Generator Proleclion. Generators shall he moimted in a manner to
provide an elt'eelive bond to the vehiele chassis. Listed equipment shall
he installed to ensure that the current-carrying conductors Irom the gen-
erator and Irom an outside source are not connected to the vehicle circuits
at the same time.
(j) Supply Conductors. Supply conductors Irom a generator to a junc-
tion box ordistrihulion panelboard shall he olthe stranded type installed
in llexihie metal conduit or equivalent mechanical protection.
Nort.; Authority cited: Section 18020. Health and Satetv Cotle. ket'erence: .Sec-
tions IHO.S.S and 18058, Health and Salety Code.
HlSIOkY
1. Amendment tiled 9-7-73; elective ihinieth day theiealter (F^eeister 7,^. No.
36).
2. Amendment tiled 12-7-7'-): elTeetive thiilieth dav thereaher (Reuisier 79. No.
49).
§ 4390. Dual Supply.
(a) Where a dual-supply system, consisting of a generator and prt)vi-
sions lor connecting to an outside source is installed, the feeder from the
generator shall he protected hy an overcurrent protective de\ ice.
I h) The two supply sources shall not he required to he of the same ca-
pacity.
(c) [f the AC generator source exceeds 30 amperes. I 15 volts, it shall
he permissihie to wire either as a 1 1 5-volt system or a 1 1 5/23()-volt sys-
tem, provided an overcurrent protective device of the proper rating is in-
stalled in the feeder circuit.
(d) The external power-supply assembly shall be permitted to he less
than the calculated load but not less than 30 amperes and shall have over-
current protection not greater than the capacity of the external power-
supply assembly.
NOTE: Authority eiled: Section 18020. Health and Safety Code. Reference: Sec-
tion 1H().S3, Health and Safety Code.
History
1. Amendment tiled 12-7-79; effective thinieth day thereafter (Reeister 79, No.
49).
§4391. Distribution Panelboard.
(a) Each vehicle shall have an appropriately rated branch circuit panel-
hoard, and when required, a irtain disconnect shall he installed.
(h) Panelboards shall he of the dead front type and shall have one or
more circuit breakers or Type S plug fuses. A inain disconnecting means
shall be provided where fuses are used, or when required hy Article 230
oftheN.E.C.
(c) The panelboard shall be installed in a readily accessible location
with at least 30 inches clear horizontal working space directly in front of
the panelboard. The bottom of the panelboard shall he not less than 24
inches above the lloor of the coach unless the equipment is specifically
approved for the purpose.
(d) The main circuit breakers or fuses, when installed, shall he plainly
marked "Main." Branch and feeder circuits at the point of origin shall be
legibly inarked to indicate their purpose.
(e) If afu.sed branch circuit panelboard is used, the maximum fuse si/e
for the mains shall he plainly indicated in a visible location with lettering
at least one-fourth inch high.
NOTf-I: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 180.55, Health and Safety Code.
HlSlORV
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
.36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4392. Circuit Breakers and Fuses.
Ncrrt:: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
1. Repealer tiled 12-7-79; effective thirtieth day thereafter (Register 79. No. 49).
§ 4393. Feeder Assembly Equipment.
NOTH: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
1. Amendment filed 9-7-73; elfeclive thirtieth day thereafter (Register 73. No.
36).
2. Repealer filed 1 2-7-79; etfeelive thirtieth day thereafter (Register 79. No. 49).
§ 4394. Identification of Electrical System.
Each commercial coach shall have a label perinanSVitly affixed on or
adjacent to the distribution panelboard indicating the voltage and calcu-
lated load ol' the electrical system in the vehicle.
Nori : See Article 1. Section 4031 for lahel si/e and type of material.
Norr: Authority ciied: Section 18020, Health and Salety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1. Amendment lUed 9-7-73; effective thirtieth day thereafter (Rcci.sler 73, No.
.^6).
2. Amendinenl filed 12-7-79; eflective thirtieth day thereafter (Reuister 79. No.
49).
§ 4395. Conductors in Outlet Boxes.
History
1 . Repealer filed 9-7-73; elTeclive thirtieth day thereafter (Register 73, No. 36).
§ 4396. Wiring of Expandable or Multiple Units.
Expandable or multiple units shall have permanent type wiring ineth-
ods and materials used lor connecting such units to each other.
NorL: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
lion 1 8055. Health and Safety Code.
His I OR Y
1. Amendment filed 9-7-73: etfeelive thirtieth day thereafter (Register 73, No.
2. Amendmenl filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4397. Outdoor or Underchassis Wiring, 1 1 5-Volts or
Over.
Where outdoor or underchassis wiring is 1 15-volt (nominal) or over
and is exposed to moisture or mechanical dainage, the wiring shall be
piotccted hy rigid metal conduit, intermediate metal conduit, or by elec-
trical metallic tubing that is closely routed against frames and equipment
enclosures.
NOTI- Authonty cited: Section 18020, Health and Safety Code. Reference: See-
lion 1 8055, Health and Safety Code.
History
1. Amendment filed 9-7-73; effective thirtieth day thereafter (Register 73, No.
.36).
2. Amendment filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4398. Rodent Resistance.
All exterior openings around wiring, conduit, cable, boxes and equip-
iTienl shall he sealed to resist the entrance of rodents.
§ 4399. Lighting Fixtures.
NOTf-.: Authortly cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1 . Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4400. Equipment Mounting.
Electrical equipment shall be securely mounted to prevent displace-
ment during transit.
§ 4401. Outdoor Outlets, Fixtures, Air-Cooling Equipment,
Etc.
NOTIi: Authority cited: Section 18020, Health and Safely Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1. Amendment filed 9-7-73; etTeetive thirtieth day thereafter (Register 73, No.
.^6).
2. Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79, No. 49).
§ 4402. Grounding.
( a ) Grounding of both electrical and nonelectrical metal parts in a com-
mercial coach shall be through connection to a grounding bus in the ve-
Page 192
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
i? 44(W
hide distribution panclboiird. The grounding bus shall be grounded to the
serviee grt)und in the serviee-eniranee equipment loeated adjacent to the
\eliiele k)cation. Neither the frame of the vehicle nor the frame of any
appliance shall be connected to the neutral conductor in the commercial
coach.
(b) The grt)unded (neutral) circuit terminals in the distribution panels
and in ranges, clothes dryers, counter-mounted ctioking units, and uall-
inounted o\ens shall be insulated from the equipment enclosure. Bond-
ing screws, straps, or buses in the distribution panelboard or in appliances
shall be remosed and discarded.
Connections of ranges and clothes dryers with I L'i/Z.^O \. .Vwire rat-
ings shall be made with 4-conductor cord and 3-pole. 4-wire groun-
ding-type plugs, or by Type AC metal clad cable or conductors enclosed
in llexible metal conduit.
For ll?-v rated devices, a 3-conductor cord and 2-pole. 3-wire
grounding-type plug may be used.
(c) Equipment Grounding Means.
( 1 ) In the electrical system, all exposed melal parts, enclosures,
frames, lamp fixture canopies, etc.. shall be effectively bonded to the
grt)unding terminal or enclosure of the distribution panelboard.
(2) Cord-ct)nnected appliances shall be grounded by means of an ap-
proved cord with grounding conductor and grounding-type attachment
plug.
(d) Bonding of Noncurrenl-carrying Metal Parts.
( 1 ) All exposed noncurrent-carrying metal parts that may become en-
ergized shall be effectively bonded to the grounding terminal or enclo-
suie of the distribution panelboard. A bonding conductor shall be con-
nected between each distribution panelboard and an accessible terminal
on the chassis.
(2) Grounding terminals shall be of the solderless type and approved
as pressure-terminal connectors recognized for the wire size used. The
bt)nding conductor shall be solid or stranded, insulated or bare, and shall
be No. 8 copper minimum or equal. The bonding conductor shall be
routed so as not to be exposed to physical damage.
(3) Metallic gas. water, and waste pipes and metallic air circulaiing
ducts shall be considered bonded if they are connected to the terminal on
the chassis by clamps, solderless connectors, or by suitable grounding-
type straps.
(4) Any metallic roof and exterior covering shall be considered
bonded if the metal panels overlap one another and are securely attached
to the wood or metal frame parts by metallic fasteners and if the lower
panel of the metallic exterior covering is secured by metallic fasteners at
a cross member o\' the chassis by two metal straps per vehicle unit at op-
posite ends. The bonding strap material shall be a minimum of 4 inches
in width. o\' material equivalent to the metal siding or material of equal
or better electrical conductivity. The straps shall be fastened with paint-
penetrating fittings such as screws and star washers or equivalent ap-
proved for the purpo.se.
Noil/. Authority cilcd: Scclion 1X022. Health and Salety Code. Reterenee: Sec-
tion I8().S5. Health and Safety Code.
HlS'lORY
1 Aniendnienl tiled 9-7-73; efl'eetive thirlieth day liiereafter (Reeister ^^. No.
36).
2. Amendment tiled 12-7-7S); etl'eetive thinieth day ttiereat'ter ( Register 79. No.
49).
§ 4403. Grounded Conductor (Neutral).
History
I . Repealer tiled 9-7-73: effective thiilieth day thereafter (Register 73. No. 36).
§ 4404. Receptacle Outlets Requiring Ground-Fault Circuit
Protection.
Where provided, each 120 volt, single-phase. 15 or 20 ampere recep-
tacle outlet shall have ground-fault circuit protection for personnel in the
lol lowing locations:
(a) Adjacent to a bathroom lavatory. (The receptacle outlet shall be a
minimum of 30 inches. (762 MM) from the ci)mpartmeni lloor).
(b) Adjacent to any lavatory.
(c) In an area occupied by a toilet, toilet and/or shower, or toilet and
lub-shower enclosure. (A receptacle shall not be installed in a bathtub,
shower or combination bathtub-shower compartment).
(d) On the exterior of the \ehicle.
NOTi;; Authority eited: Section 1X022. Health and Salely Code. Reterenee: Sec-
tion 1X05 .s. Health and Safely Code.
HlsrOR\
1. Repealer tiled 9-7-73: efleelive ihnlielh day Iherealter i Register 73. .No 36. i.
2. New section filed 1 2-7-79; e!Tecti\c thirtieth day thereafter ( Kciiisier
79. No. 49).
§ 4405. Grounding of Noncurrent-Carrying Metal Parts.
HiST{)R^
1 . Repealer tiled 9-7-73; effective thirtieth day therealler (Register 73. No. }h).
§ 4406. Switch and Receptacle Plates.
NOTt:: Authority cited: .Section 18022. Health and Safety Cotle. Reterenee: Sec-
tion 1X0.5.5. Health and Salety Code.
HlS'IORY
1 . Repealer tiled 1 2-7-79; effeeti ve thirtieth day thereafter ( Register 79. No. 49).
§ 4407. Lighting Standards for Energy Conservation.
(1) Each area enclosed by ceiling-height partitions shall have inde-
pendent control of the lighting within that area.
(2) All switching devices used to control lighting within an area shall
be readily accessible to personnel occupying that area.
(3) For all areas larger than 100 square feet, the connected lighting load
shall be so controlled that the overall illumination may be reduced b> at
least one half in a uniibrm pattern. The maximum area that may be ct)ii-
trolled by any two switching devices shall be limited to that area which
can be served by two (2) 20 ampere single pole circuits, loaded to no more
than 80 percent.
NOTE: Authority eited: .Section 1X022. Health and Salety Ct)de. Reference: Sec-
tion 1 8055. Health and Safety Code.
Hlstory
1. New section tiled 12-7-79; effective thirtieth day therealter (Recister 79. No.
49).
§ 4409. Testing. Dielectric Strength Test.
(a) The wiring of each commercial coach shall be subjected to a
1 -minute, 9()0-volt, dielectric strength test (with all switches closed) be-
tween live parts (including neutral) and the commercial coach ground.
Alternatively, the test may be performed at 1 ,080 volts for 1 second. This
test shall be performed after branch circuits are complete and after fix-
tures or appliances are installed.
ExCEtTION: Fixtures or appliances which are approved shall not be recjuired to
withstand the dielectric strength test. The test translormer shall be adjustable to
permit testing at 900 and 1 .0X0 volts and shall have a rating ol at least 50 soil am-
peres. The test should he perlormed starting at 0. and the applied potential shall
be increased gradually (in at least tour steps) until either the test value is reached
or breakdown occurs.
(b) 480 Volts. Each commercial coach designed with a 48()-\olt
electrical system shall be subjected to a one-minute 1 ,27.5- volt dielectric
strength test between current carrying conductors and the coach grt)und.
Alternatively, the test may be perlormed at 1 .500 volts for one second.
(c) Low-Voltage Circuits. Low-voltage circuit conductors in each
commercial coach shall withstand the applied potential without electrical
breakdown of a one-minute. 500-voll or a one-second. 600-voU dielec-
tric strength test. The potential shall be applied between live and
grounded conductors.
Note: The test may be performed on running light circuits before the lights are
installed provided the vehicles outer covering and interior cabinetry has been se-
cured. The braking circuit may be tested before being connected to the brakes pro-
vided the wiring has been completely secured.
History
1. Amendment tiled 9-7-73; effective thirtieth day thereafter (Register 73. No.
36).
Page 193
(4-1-90)
§4414
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Appendix CC-E-1
Table CC-E-1
Standards Cor Electrical Equipment and Appliances
Fu/iiipiiiciil and Appliances ill. Slaudards'^ Other
Fx]uipmcnt
Air Condiiioners. Central Cooliiia 465-1^)78
Armored Cable T 4-1974
Aiiaehmeni Plugs & Receplaeles 49^-1974
Ballasts. Fkioresceni-Lainp 9,^5- 197X
Battery Chargers 1236-1972
Cabinets ancfBoxes 50-1975
Cireuit Breakers. Braiieh-Cireuit & Service . 489 1972
Cleats. Knobs & Tubes. Foreelain .5 11 -1975
Cknhes Washing Eiquipnient. hiectric 1206-1974
Compaetors. Trash. Household 10S6-1976
Conduit. Flexible Metal 1-1973
Conduit. Liquid-tishl. Flex. Steel 360-1976
Conduit. Rigid Melallie 6-1976
Conduit. Rigid Nonnietallie 651-1972
Cooking Applianees, Commereial Fleetrie . . 197-197X
Cord Reels 35.5-1973
Cord Sets & Power-Supply Cords 817-1977
Dishwashers. Coniniereial 921-197^
Disposers. Waste 430-1970
Dry Cleaning Machines. Commercial 664-1974
Electrical Metallic Tubing 797-1977
Finergency Lighline and Power F^quipmenl . 924-1977
Endne Generator Assemblies 1248-1978 ANSl-A 198. 1-1976
Fans. Electric 507-1972
Fixtures, Electric Li'ihting 57-1972 CSA-C22.2.
#9.1-19.54
Fixtures, Electric. Hazardous Locations .... 844-1972
Flexible Cord & Fixture Wire 62-1978
Fuseholders 5 12-1975
Ground-Fault Circuit Interrupters 943-1972
Grounding & Bondine Ekjuipinent 467-1972
Healers. Electric . . . T 1025-1973
Heaters, Hazardous Location 823-1977
Heating Appliances 499-1972
Heating Fxjuipment. Baseboard 1042-1972
Heating Equipment. Central Air 1096-1973
Heating Equipment. Commercial 795-1973
Home Laundry 560-1972
Ice Cream Makers 621-1977
Ice Makers 56.3-1975
Industrial Control Equipment 508-1971
Lampholders, Edison-Base 496-1975
Lampholders. Starters & Starter Holders for
Fluorescent Lamps .542-1974
Microwave Cooking Appliances 923-1977
Motor Operated Appliances 73-1972
Motors and Generators 674-1973
Motor 1004-1977
Nonmetallic-Sheathed Cables 719-1974
OITiee Appliances and Equipment 1 14-1976
Panelboiirds 67-1974
Power Converters and Systems 458-1977
Power Supplies 1012-1976
Pumps. Heat 5.59-1975
Raceways & Fittines. Surface Metal 5-1978
Ranties T 858-1974
Refrigeration Units 427-1976
Refrigerators & Freezers, Commercial 471-1978
Service Entrance Cables 854-1975
Service Equipment 869-1977
Smoke Detectors, Photoelectric 168-1976
Smoke Detectors, Single & Multiple Station . 217-1976
Switchboard
Switches Enclosed 98-1974
Switches. Snap 20-1974
Switches, Special Use 1054-1977
Tape, Insulating 510-1976
Transformers, Specialty 506-1977
Tubing, Rexible Nonmetallic 3-1975
Vacuum Cleaning Machines 1017-1973
Vending & Amusement Machines 751-1978
Vending Machines, Refrigerated .541-1974
Ventilators, Power ." 705-1977
Water Coolers 399-1972
Water Heaters 174-1977
Wire Connectors & Soldering Luss 486-1976
Wires & Cables, Rubber Insulated 44-1977
Wires & Cables. Varnished Cloth 133-1976
tujiilpnieni and Appliances IIL Standards* Oilier
Wires. Asbestos & Asbestos Varnished-Cloth
Insulated 115-1976
Wires. Thermoplastic Insulated 83-1975
Wireways. Auxiliary Gutters &
Associated Fittings'. 870-1977
X-Ray Equipmeni 187-1974
Notes to Table
ANSI: American Natit)nal Standards Institute. 1430 Broadway, Neu York.
New York 10017.
Canadian Standards Association Building & Vehicular Products Division. 178
Rcxdale Blvil.. Rexdale. Ontario. Canada M9W IR3.
NOTl.: Authority Cited; Section 18022. Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
HlSIOkV
1. Renumbering from Table E-1 filed 7-25-75: designated effective 9-1-75
(Register 75. No. 30).
2. Renumbering from Appendix CC-E filed 6-9-77; designated effective 9-1-77
(Register 77^ No. 24).
3. Amendment filed 12-7-79: effective thiilieth day thereafter (Register 79. No.
49).
Subarticle 3. Mechanical
§4414. Application and Scope.
The provisions of this ariicle relating to mechanical equipmeni and in-
stallations apply to all commercial coaches manufactured after Novem-
ber 23. 1970. and sold, offered for sale, tented or leased within this Stale.
The provisions of this article are also applicable to the alteration or con-
version of mechanical equipment and installations in any commercial
coach bearing or required to bear a departmenl insignia of approval.
(a) Standards for Equipmeni and Installations. Standards for equip-
ment and installations are listed in Appendix CC-M-1, Table CC-M-1
of this division. Equipment and installations conforming to these stan-
dards or to other approved standards shall be considered acceptable by
the department when listed or labeled and installed in accordance with
the requirements of this article and the conditions of their approval except
where otherwise provided in this article.
(b) Mechanical Standards. Heat-producing appliances and comfort-
cooling equipment shall be installed in accordance with the requirements
of this article.
NOTt:; Authority cited; Section 18055, Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1 . New section filed 7-25-75; designated effective 9-1-75 (Register 75. No. 30).
2. Amendment of section and NOTE filed 6-9-77; designated effective 9-1-77
(Register 77. No. 24).
§4415. Definitions.
Definitions contained in the Health and Safety Code, Division 1 3, Part
2 and the following definitions shall apply to this article.
Absorption Lhiit. A factory-built assembly of component parts de-
signed to produce refrigeration for comfort cooling or comfort heating
by the application of heal.
(a) Direct absorption unit is a unit in which the refrigerant evaporator
is in direct contact with the air to be conditioned.
(b) Indirect absorption unit is a unit in which the refrigerant evaporator
is not in direct contact with the air to be conditioned. Accessible. When
applied to a fixture, connection, appliance or equipment, shall mean hav-
ing access thereto, but which tnay require the removal of an access panel,
door or siinilar obstruction.
Air-Conditioning or Comfort-Cooling Equipment. All of that equip-
ment intended or installed for the purpose of processing the treatment of
air so as to control its temperature, humidity, and distribution to meet the
requirements of the conditioned space.
Air-Handling Unit. A blower or fan used for the purpose of distribut-
ing conditioned air to a room or space.
Anti-Flooding Device. A primary safety control which causes the liq-
uid fuel How to be shut off upon a rise in fuel level or upon receiving ex-
Page 194
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
M4I4
cl'ss I'licl. and which operates bel'ore a ha/ardoiis discharge ol fuel can
occur.
Appliance is a device which uiili/es fuel or other lorins ol' energy to
prt)dLice light, heat, power, retVigeration or air conditioning. This del'ini-
(ion also shall include a venied decorative appliance.
Automatic Pilot Device. A device employed with gas-hurning equip-
ment that will either automatically shut olTthe gas supply to the burner(s)
being served or automatically actuate, electrically or otherwise, a gas
shutolT device when the pilot llame is extinguished.
Automatic Pump (Oil Lifter). A pinnp. not an integral part of the oil-
burning appliance, that automatically pumps oil from the supply tank and
delivers the oil by gravity under a constant head to an oil-burning
appliance.
HTIJ. British thermal unit. The quantity of heal required to raise the
temperature ol' one pound ol' water one degree Fahrenheit.
HTUH. British thermal units per hour.
Chimney, Factory-Built. A chimney consisting entirely ol" factory-
made parts, each designed to be assembled with the others wiihoul re-
qLuring field construction.
Commercial Food and Heat-Processing Equipment. Equipment and
appliances used for i'ood preparation and processing in retail and man-
ufacturing establishments.
Combustible Material. Materials made of or surfaced with wood, com-
pressed paper, plant fibers or other materials that will ignite and burn,
even though Hameproofed, fire-retardant treated or plastered.
Compressor. A specific machine, with or without accessories, for
ct)mpressing a given refrigerant vapor.
Condenser. A vessel or arrangement of pipe or tubing in which vapor-
ized refrigerant is liquefied by the removal of heat.
Condensing Unit. A specific refrigerating machine combination for a
given refrigerant, consisting of one or more power-driven compressors,
condensers, liquid receivers (when required) and the regularly furnished
accessories.
Connector-Gas Appliance. A flexible or semi-rigid connector listed
as conforming to ANSI Standard Z21.24, Metal Connectors for Gas
Appliances, used to convey fuel gas. three feet or less in length (six feet
or less for gas ranges), between a gas outlet and a gas appliance in the
same room with the outlet.
Dampers include:
Fire Damper is a damper arranged to seal off air How automatically
through part ol' an air duel system, so as to restrict the passage o\' heat.
Smoke Damper is a damper arranged to seal off air flow automatically
through a part of an air duct system, so as to restrict the passage of smoke.
Volume Damper is any device which when installed will restrict, re-
tard or direct the flow of air in any duct, or the products of combustion
in any heat-producing equipment, its vent connector, vent or chimney
therefrom.
Direct Gas-Fired Make-Up Air Heater is a healer in which all the
products of combustion generated by the gas-burning device are re-
leased into the outside air stream being heated.
Direct System is one in which the evaporator is in direct contact with
the material or space refrigerated, or is located in air-circulating passages
communicating with such spaces.
Direct Vent appliances are appliances which are constructed and in-
stalled so that all air for combustion is derived from the outside atmo-
sphere and all flue gases are discharged to the outside atmosphere.
Draft Hood is a device built into an appliance, or made a part of the
vent connector from an appliance, which is designed to:
1. Assure the ready escape of the flue gases in the event of no draft,
back draft, or stoppage beyond the draft hood.
2. Prevent a back draft from entering the appliance.
3. Neutralize the effect of stack action of the chimney or gas vent upon
the operation of the appliance.
Duct. Tube or conduit for conveying air to or from air conditioning or
comfort-cooling equipment.
Class 0 Air Ducts. Air duct materials and connectors having a fiie-ha-
zard classification of zero.
Class 1 Air Ducts. Ducts of materials and connectors having a llame-
spread rating of not over 25 without evidence of continued progressive
combustion and a smoke-developed rating of not over 50.
Class 2 Air Ducts, i^ucts of materials and ct)nnectors having a llanie-
spread rating of not over .SO without ev idence of ct)nlinued progressive
combustion and a smoke-developed rating of not over .'SO for the inside
surface and not over 100 for the outside surface.
Evaporative Cooler is a dcv ice used for reducing the sensible heal of
air for cooling, by the process of evaporation of water into an air stream.
Evaporator. Thai part of the system in which liquid lefrigeranl is va-
porized to produce refrigeration.
Expansion Coil. An evaporator constructed of pipe or tubing.
Fuel Gas Piping System. The arrangement of piping, tubing, fittings,
connectors, valves and devices designed and intended to supply or con-
trol the flow of fuel gas to the appliance(s).
Fuel Oil Piping System. The arrangement of piping, tubing, fillings,
connectors, valves and devices designed and intended to supply or con-
trol the flow of fuel oil to the appliance(s).
Furnace — Central Furnace. A self-contained appliance for healing air
by transfer ol' heat to the air. and designed to supply heated air through
ducts to spaces remote from or adjacent to the appliance location.
a. Gravity Type Central Furnace. A central furnace depending primar-
ily on circulation of air by gravity.
b. Gravity Type Central Furnace w iih Integral Fan. A central furnace
equipped with a fan or blower as an integral part of its consiruction and
operable on gravity systems only. The Ian or blower is used only to over-
come the internal furnace resistance to air flow.
c. Gravity Type Central Furnace with Booster Fan. A central furnace
equipped with a booster fan which does not materially restrict free circu-
lation of air by gravity flow when the fan is not in operation.
d. Forced Air Type Central Furnace. A central furnace equipped with
a fan or blower which provides the primary means for circulation of air.
1 . Horizontal Type Central Furnace. A furnace designed for k)w head-
room installation with air flow through the appliance essentially in a hori-
zontal path.
2. Upflow Type Central Furnace. A furnace designed with air flow es-
sentially in a vertical path, discharging air at or near the lop of the furnace.
3. Downtlow Type Central Furnace. A furnace designed with air flow
essentially in a vertical path, discharging air at or near the bottom o\' the
furnace.
Gas. Fuel gas, such as natural gas. manufactured gas, undiluted lique-
fied petroleum gas (vapor phase only), liquefied petroleum air-gas mix-
tures or mixtures of these gases which would ignite in the presence of ox-
ygen.
Gas-Supply Connection. The terminal end of the gas-piping system
to which a gas-supply connector is attached.
Heating System. A warm-air heating plant consisting of a heat ex-
changer enclosed in a casing, from which the heated air is distributed
through ducts to rooms and areas. A heating system includes the circulat-
ing air and conditioned air supply and all accessory equipment installed
in connection therewith.
Heat-Producing Appliance. A heating or cooking appliance utilizing
fuel or energy.
High Side. The parts of a refrigerating system under condenser pres-
sure.
Hood. Is any air-intake device connected to a mechanical exhaust sys-
tem for collecting vapors, fumes, smoke, dust, steam, heat or odors from,
at or near the equipment, place or area where generated, produced or re-
leased.
Industrial Heating Equipment is any appliance, device or equipment
used, or intended to be used, in an industrial, manufacturing, or commer-
cial occupancy for applying heat to any material being prt)cessed, but
Page 195
(4-1-90)
§4417
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
shall not include water heaters, boilers or portable equipment used by ar-
tisans in pursuit of a trade.
Input Rating. The maximum fuel-burning capacity of any warm-air
furnace, heater or burner expressed in British thermal units per hour.
Liquefied Petroleum Gases. "Liquefied petroleum gases." "'LFG" and
"LP-Gas" is any material which is composed predominantly of any of the
following hyroearbons. or mixtures ol" them: Propane, propylene, bu-
tanes (normal butane or isobutane) and buiylenes.
Low Side. The parts of a refrigerating system under evaporator pres-
sure.
Plenum. An air compartment which is part of an air-distributing sys-
tem to which one or more ducts are connected.
a. Furnace-supply plenum is a plenum attached directly to, or an inte-
gral part of, the air-supply outlet of the furnace.
b. Furnace-return plenum is a plenum attached directly to or an inte-
gral part of, the return inlet of the furnace.
Quick-Disconnect Device. A hand-operated device which provides
a means for connecting and disconnecting an appliance or an appliance
connector to a gas supply and which is equipped with an automatic means
to shut off the gas supply when the device is disconnected.
Readily Accessible means capable of being reached safely and quickly
for operation, repair, or inspection without requiring those to whom
ready access is requisite to climb over, or remove obstacles, or to resort
to the use of portable access equipment.
Refrigerant. A substance used to produce refrigeration by its expan-
sion or vaporization.
Refrigerating System. A combination of interconnected refrigerant-
containing parts constituting one closed refrigerant circuit in which a re-
frigerant is circulated lor the purpose of extracdng heat.
Roof Jack. That portion of a heater Hue or vent assembly, including the
cap, insulating means, Hashing and ceiling plate, located in and above the
roof.
Vent is a listed factory-made vent pipe and vent fittings for conveying
products of combustion from a fuel-burning appliance to the outside at-
mosphere.
Vent Connector. Any pipe for conveying products of combustion from
a fuel-burning appliance to a vent.
Ventilation System is all of that equipment intended or installed for the
purpose of supplying air to. or removing air from, any room or space by
mechanical means, other than equipment which is a portion of any envi-
ronmental heating, cooling, absorption or evaporative cooling system.
Water Heater. An appliance designed primarily to supply hot water
and is equipped with automatic controls limiting water temperature to a
maximum of 210" F.
NOTl-.: Authority cited: Section 18022. Health and Safety Code. Reference: See-
lion 18053, Health and Safety Code,
Hl.SlORY
1. Amendment filed 9-7-7.^; elTeetive ihiriieth day thereafter (Register 7,^. No.
36).
2. Amendment (lied i 2-7-79: effective thirtieth day thereafter (Register 79. No.
49).
§4417. General.
History
1 . Repealer filed 7-2.3-75: designated effective 9-1-75 (Register 75. No. 30).
§ 4418. Standards for Equipment and Installations.
History
1. Amendment of section and repealer of Table 1 filed 9-7-73; effective thinieth
day thereafter (Register 73, No. 36).
2. Repealer filed 7-25-75: designated effective 9-1-75 (Register 75. No. 30).
§ 4420. LPG, Construction and Marking of Containers.
Containers shall be constructed and marked in accordance with the
specifications for LP-Gas containers of the U.S. Department of Trans-
portation (DOT) or the Rules for Construction of Unfired Pressure Ves-
sels. Section VIIL Division 1. ASME Boiler and Pressure Vessel Code.
ASME containers shall have a design pressureofnot less than 3 12. .5 psig.
HisroRY
1 . Ameiuiment tiled 6 9-77: designated effective 9-1-77 (Register 77. No. 24).
§ 4421 . Location and Installation of Containers and
Systems.
(a) No LP-gas container shall be installed, or provision made Wk in-
stalling or storing, even teinporarily, inside any commercial coach, ex-
cept for listed, completely self-contained hand torches, lanterns, or simi-
lar equipment with containers having a maximum water capacity of not
more than two and one-half pounds (approximately one pound LPG ca-
pacity).
(b) Where provided, containers, control valves and regulating equip-
ment shall be mounted on the hitch, installed in a single compartment that
is vapor-tight to the inside of the cominercial coach and accessible only
from the outside or mounted on the frame. Compartments shall be con-
structed of galvanized steel, not less than 0.0299 inch (0.7.39 mm) thick.
Seams and joints shall be lapped, mechanically secured and made airtight
to the interior of the vehicle. Alternate materials and methods of con-
struction may be used if they provide equivalent quality, strength, effec-
ti\eness. fire resistance, durability and safety.
Fuel-gas tubing from the gas-supply connection may pass through the
wall, tloor or ceiling of the coinpartment. Where such tubing passes
through any wall, lloor or ceiling, such tubing shall be protected by the
use of bulkhead fittings or equivalent devices which shall snugly fit both
the tubing and the hole in the compatTtnent through which the tubing
passes.
(c) Containers and container carriers shall be securely mounted on the
vehicle, or within the coinpartment and located and installed so as to
minimize the possibility of damage to containers, their appurtenances or
contents as follows:
( 1 ) Containers shall be installed with as much road clearance as practi-
cable but not less than the minimuin road clearance of the vehicle under
maximum spring dellection. This clearance shall be measured to the bot-
tom of the container, or to the lowest fitting, support or attachment on the
container or container housing, whichever is lower.
(2) Fuel containers and container carriers shall be securely mounted
to prevent jarring loose and slipping or rotating, and the fastenings shall
be designed and consttucied to withstand without permanent visible de-
formation static loading in any direction equal to four times the weight
of the container filled with fuel. When containers are mounted within a
vehicle, the securing of the container to the vehicle shall comply with this
provision. Any hoods, domes or removable portions of the housing or
cabinet shall be provided with means to keep them firmly in place in tran-
sit.
(3) All container valves, appurtenances and connections shall be ade-
quately protected to prevent damage due to accidental contacts with sta-
tionary objects, from loose objects, stones, mud. or ice. thrown up from
the ground or tloor, and from damage due to overturn or similar vehicular
accident. In the case of permanently inounted containers, this provision
may be met by the location on the vehicle, with parts of the vehicle fur-
nishing the protection. On portable (removable) containers the protection
for container valves and connections shall be permanently attached to the
container.
(d) Access to a comparttnent containing LP-gas tanks or cylinders
shall be by a door or opening in the exterior wall of the commercial coach.
Access doors or panels of compaiTments shall not be equipped with
locks or require special tools or knowledge to open. The compartment
shall be ventilated with two vents having an aggregate area of not less
than two percent of the tloor area of the compartment and shall open un-
restricted to the outside atmosphere. The required vents shall be equally
distributed between the tloor and ceiling of the compartment. If the bot-
tom vent is located in the access door or wall, it shall not be located above
the floor level of the compartment. The top vent shall be located in the
access door or w all with the bottom of the vent not more than 1 2 inches
below the ceiling level of the compartment. All vents shall have an unre-
stricted discharge to the outside atinosphere.
Page 196
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
S 4430
Non- Autln)rilv cilcd: Seciion 1X020, Health and Sal'ctv Code. RcfcrLMicc: Sec-
tion 1 8055. Health and Safety Code.
HlSIOl^^
I. Aniendnient ol subsections (b) and (e) filed 12-7-79: effective thiilielh day
thereafter ( Register 79. No. 49).
§ 4422. Container Valves and Accessories.
(a) C\)iilaineis and .safety lelicf valves located less ihaii 1 8 inches {451
mtii) ftoni any component of an internal combustion engine exhausl sys-
tem shall be shielded by a vehicle Ifame member or by a noncomhustible
baflle to dissipate radiated or convecled heat with an air space on both
sides of the frame tnember or baflle.
(b) Listed two-stage regulators shall be supplied. Such regulators shall
have a capacity not less than the total input of all LP-Gas appliatices in-
stalled in the vehicle. Provisions shall he made for securely mounting the
regulator by attaching it to the container valve, container, supporting
standard, or \ehicle wall. If the regulator is not mounted by the vehicle
tnatutfaciurer, instructions for proper installation shall be provided. Reg-
ulait)rs shall be installed so the regulator vent opening will not be affected
by the eletiienis such as by sleet, snow, freezing rain, ice, tnud or by wheel
spray.
(c) A listed LP-Gas excess How valve shall be provided in accordance
v\ith the lolk)wing:
1 . The inlet or outlet of each service valve of a permanently mounted
container shall be equipped with such a listed excess How valve or a listed
POL adapter with an integral excess How valve.
2. Vehicles having removable (DOT) type containers shall have fur-
nished or installed a listed POL adapter with an integral listed excess How
val\e.
Noii:: Authority cited: Section 1X022. Health and Safety Code. Relerenee: .Sec-
tion 1S055. Health and Safely Ctide.
Hl.SlORY
1 . Amendment filed 1 2-7-79: efleetive thiilieth day thereafter ( Register 79. No.
49).
§ 4423. LP-Gas Container Safety Relief Devices.
(a) DOT containers shall be provided with safety relief devices as re-
quired by the regulations of the U. S. Department of Transportation.
ASME containers shall be provided with relief valves in accordance v/ilh
Subseclit)!! 221 of the Standard for the Storage and Handling of Liquefied
Petroleum Gases (NFPA No. -^8-1 976 (ANSI)). Safety relief valves shall
ha\e direct comtnunieation with the vapor space of the vessel.
(b) Final stage regulators shall be equipped on the low pressure side
with one or both of the following:
( 1 ) A relief valve having a start-to-discharge pressure setting of not
less than 1 .7 times and not more than 3 times the delivery pressure of the
regulator.
(2) A shutoff device that shuts the gas off at the inlet side when the
downstream pressure reaches the overpressure liinits of not less than 1 .7
times and not iriore than } times the delivery pressure of the regulator.
Such a device shall not open to permit How of gas until it has been manu-
ally reset.
(c) Systetns installed outside of a vehicle shall be so located that dis-
charge from safety relief devices shall be not less than 3 feel (0.9m) hori-
zontally away from any openings intt) the vehicle and from all the internal
combustion engine exhaust termination(s) below the level of such dis-
charge. When a system is located in a recess vaportight to the inside, vent
openings in such recess shall be not less than 3 feet (().9tTi) horizontally
away froin any opening into the vehicle below the level of these vents.
Exc'tl'l t(JNS: Doors not having t)penable vvindt)ws t)r screens below the level of
the gas eompartment vents are excepted frojii this requirement.
(d) Safety relief valves located within liquefied petroleum gas contain-
er compartments may be less than three feet from openings provided:
( 1 ) The bottom vent of the compartment is at the same level or lower
than the bottom of any opening into the vehicle, or
(2) The compartment is not located on the same wall plane as the open-
ingis) and is at least two feet horizontally from such openings.
NOTi:: Authority cited: Section 18022. Health antl Safety Code. Relerenee: See-
lion 18055. Health and Safely Code.
HlSTOlO
1. Amendment filed 9-7-73; elTeeiive thirtieth dav thereafter (Re>:ister 73. No.
.^6).
2. Amendment filed 12-7-79; efleetive thirtieth dav thereaher (Register 79. No.
49).
§ 4424. Container Mounting.
(a) Housings and enclosures shall be designed to pro\ ide pri)per venti-
lation at least equivalent to that specified in Section 4421.
(b) Doors, hoods, domes ov portions of housings and enclosures re-
quired to be removed or opened for replacement ol'containers shall incor-
porate means for clamping them firmly in place and preventing them
from working loose during transit.
(c) Provisions shall be incorporated in the assembly to hold the con-
tainers firmly in position and prevent their movement during tiansii.
(d) C^ontainers shall be mounted on a substantial support or a base se-
cured firmly to the commercial coach chassis. Neither the container nor
its support shall extend below the axle.
§ 4425. System Design and Service-Line Pressure.
(a) Systems shall be of the vapor-withdrawal type.
(b) Vapor, at a pressure not over 1 8 inches water column, shall be de-
livered from the container into the gas-supply connection.
(c) Container openings for vapor withdrawal shall be located in the va-
por space when the container is in service or shall be provided with a suit-
able internal withdrawal tube which communicates with the vapt)r space
in or near the highest point in the container w hen it is mounted in ser\ ice
position, with the commercial coach on a level surlace. Containers shall
be permanently and legibly marked in a conspicuous manner on the t)ut-
side to show the correct mounting position and the position of the ser\ ice
outlet connection. The method of mounting in place shall be such as to
minimize the possibility of an incorrect positioning of the container.
§ 4426. Electrical Equipment.
All electrical equipment installed in conjunction with gas equipment
shall be listed for the purpose intended.
History
1. New section filed 9-7-73; effective thirtieth dav thereafter (Reuistei 73. No.
.■^6).
§ 4428. Gas Piping Systems.
The requirements of this article shall govern the installation of all gas-
piping systems attached to any commercial coach. The requiiemenis of
this article applicable to gas-piping systems shall not apply to pijiing des-
ignated as an integral part of an appliance or to gas appliance connectors.
History
I . Amendment tiled 6-9-77; designated efleetive 9-1-77 (Register 77. No. 24).
§ 4429. Piping Design.
Commercial coaches requiring fuel gas for any purpose shall be
equipped with a gas-piping system that is designed for LP gas only, com-
bination LP-natural-gas or natural gas.
§ 4430. Materials.
All materials used for the installation, extension, alteration or repair
of any gas-piping system shall be new and free from defects or internal
obstructions. It shall not be permissible to repair defects in gas piping or
fittings. Inferior or defective materials shall be reinoved and replaced
with acceptable material. The system shall be made of materials having
a melting point of not less than 1 .450'^ P.. except as provided in Section
4436. They may consist of one or more of the following materials.
(a) Steel or wrought-iron pipe shall comply with ANSI Standard
B36. 10-1970 for Wrought-Steel and Wrought-Iron Pipe. Threaded
brass pipe in iron pipe sizes may be used.
(b) Fittings for gas piping shall be wrought iron, malleable iron, steel
or brass (containing not more than 7? percent copper).
(c) Copper tubing shall be annealed type, grade K or L. conforming to
the Specifications for Seamless Copper Water Tube (ASTM B88-72).or
Page 197
(4-1-90)
§ 4431
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
shall comply with the Specifications tor Seamless Copper Tube t'oi' Air
Conditioning and Refrigeration Field Service. (ASTM B2S()-73), When
used on systems designed for natural gas. such tubing shall be internally
tinned.
(d) Steel tubing shall have a minimiun wall thickness ol'0.0.^2 inch for
tubing of 1/2 inch diameter and smaller and 0.049 inch fordiameicrs 1/2
inch and larger. Steel tubing shall be constructed in accordance with
ASTM Specification for Electrical-Resisiance-Welded Coiled Steel
Tubing for Gas and Fuel Oil Lines. (A.STM A5.^9-7.^).and shall be exter-
nally corrosion protected.
Hl.SlOKY
1. Amcndincnl lilccl ^-T-V.^; oftcclive thirtieth day llicreailcr (Rceisler 73. No.
2. Anicndincnt lllcd l-2?i-15: designated elTcclive 9-1-7.^ ( Kegister 7.^. No. .^0),
§ 4431 . Expandable or Multiple Commercial Coaches.
Where gas piping is to be installed in more than one portion ol an ex-
pandable or multiple commercial coach, the design and construction
shall be as follows.
(a) There shall be only one point of crossover between each unit which
shall be readily accessible from the exterior of the commercial coach.
(b) The connector between units shall be a listed flexible connector lor
exterior use and sized in accordance with Section 44.^4 of this chapter.
(c) Protective caps or plugs shall be permanently attached to the coach
by means of a metal chain and used to seal the system when not in use.
History
1. Amendment filed 9-7-73; effective thinieth day thereafter (Register 73. No.
.36).
2. Amendment filed 7-25-75: designated effective 9-1-75 (Register 75. No. 30).
§ 4434. Gas Pipe Sizing.
Gas piping systems shall be sized so that the pressure drop to any
appliance inlet connection from any gas supply connection, when all
appliances are in operation at maximum capacity, is not more than 0.-5
inch water column as determined on the basis of test, or in accordance
with Appendix CC-M-2. The natural gas supply connection(s) shall be
not less than the size of the gas piping and/or not smaller than 3/4 inch
nominal pipe size.
Hi. STORY
1 . Amendment of section and repealer of Table 2 and new Table D-2 tiled 9-7-73;
ett'eetive thirtieth day thereafter (Register 73. No. 36).
2. Repealer ol Table D-2 and amendment tiled 7-25-75; designated eltective
9-1-75 (Register 75. No. 30).
3. Amendment tiled 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
§ 4435. Joints for Gas Pipe.
All pipe joints in the piping systein, unless welded or brazed, shall be
screw threaded joints that comply with ANSI Standard Pipe Threads (ex-
cept Dryseal) B 2.1 — 1968. Right and left nipples or couplings shall not
be used. Unions, if used, shall be of ground joint type. The material used
for welding or brazing pipe connections shall have a melting temperature
in excess of 1.000" F. Pipe shall not be bent.
NOTL: Authority eited: Section 18020. Health and Safety Code. Reference: .Sec-
tion 18055. Health and Safety Code.
HisrORY
1. Amencinienl tiled 12-7-79: elTeetiNC thirtieth dav thereatter (Register 79. No.
49).
Jj 4436. Tubing Joints.
Tubing joints shall be inade with either a single or a double flare of the
proper degree, as recominended by the tubing manufacturer, or with oth-
er listed vibration-resistant flttings, or joints may be brazed with material
having a melting point exceeding 1 ,000*' F. Metallic ball sleeve compres-
sion-type tubing fittings shall not be u.sed.
NotIl: Authority eited: Section 18020. Health and Safely Code. Reference: Sec-
lion I 8055. Health and Safety Code.
HisrORY
1 . Amendment filed 7-25-75; designated elTeetive 9-1-75 ( Register 75. No. 30).
2. Atriendment Hied 12-7-79; effective thirtieth dav thereal'ter (Recisler 79, No.
49).
§ 4437. Concealed Tubing.
Tubing shall not be ain inside walls, floors, ceilings or partitions.
Where tubing passes through walls, floors, ceilings, partitions or similar
installations, such tubing shall be protected by the use of wealher-resis-
lant grommets that shall snugly flt both the tubing and the hole through
which the tubing passes.
§ 4438. Pipe-Joint Compound.
Screw joints shall be made up tight with listed pipe-joint compound,
insoluble in liquefled petroleum gas, and shall be applied to the male
threads only.
§ 4439. Concealed Joints.
No piping or tubing joints shall be located in any floor, wall, partition
or similar concealed construction space.
§ 4440. Couplings.
Where it is necessary to join sections of screw piping, right and left
nipples and couplings shall not be used. Ground joint unions may be used
to conned heat-producing appliances to the appliance branch piping.
§ 4441 . Hangers and Supports.
(a) All gas piping shall be supported by straps or hangers at intervals
of not more than four feet, except where support is provided by structural
members. The gas-supply connection shall be rigidly anchored to a
structural member within si.x inches of the gas supply connection. Piping
shall be installed so that it will not be subject to undue strains and stresses.
(b) Metallic gas piping straps or hangers shall be galvanized or equiva-
lently protected metal.
NOTFi: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
lion 18055. Health and Safety Code.
History
1 . Amendment filed 12-7-79; effective thirtieth dav thereafter (Regi.ster 79, No.
49).
§ 4442. Electrical Ground.
Gas piping shall not be used for an electrical ground.
§ 4443. Identification of Gas Supply Connections.
A label shall be permanently attached on the outside of the exterior
wall of the commercial coach adjacent to the gas supply connection
which reads (as appropriate either):
Page 198
(4-1-90)
Title 25
Factorv-Built Housing and Mobile Homes
^ 4450
LP-Cas System
This gas piping system is designed for use of liquefied petroleum gus
only.
DO NOT CONNECT NATURAL GAS TO THIS SYSTEM.
CONTAINER SHUTOFF VALVES SHALL BE CLOSED DURING
TRANSIT
When connecting to lot outlet, use a listed
gas supply connector, for mobile homes, rated at
D 100.000 Btuh
or more.
D 250.000 Btuh
Before turning on gas, make certain all gas connections have been
made tight, all appliance valves are turned off, and any unconnected
outlets are capped.
After turning on gas, test gas piping and connections to appliances for
leakage with soapy water or bubble solution, and light all pilots.
Combination LP-Gas and Natural Gas System
This gas piping system is designed for use of either liquefied
petroleum gas or natural gas.
NOTICE: BEFORE TURNING ON GAS BE CERTAIN APPLIANCES
ARE DESIGNED FOR THE GAS CONNECTED AND ARE
EQUIPPED WITH CORRECT ORIHCES. SECURELY CAP THIS
INLET WHEN NOT CONNECTED FOR USE.
When connecting to lot outlet, use a listed gas
supply connector, for mobile homes, rated at
G 100,000 Btuh
or more.
D 250,000 Btuh
Before turning on gas, make certain all gas connections have been made
tight, all appliance valves are turned off, and any unconnected outlets are
capped.
After turning on gas, test gas piping and connections to appliances for
leakage with soapy water or bubble solution, and light all pilots.
The appropriate BTUH input rating shall be marked.
Noih: Sec Article I. Section 403 I tor label si/e and type of malerial.
HiStORY
1. Amendment tiled 9-7-73; eHeclive ihirlielh dav Ihereal'ter (Resister 73. No.
36).
2. Amendment Hied 7-25-75; designated etTeetive 9-1-75 (Register 75. No 30).
§ 4444. Gas-Supply Connection Cap.
A protective cap or plug permanently attached to the vehicle shall be
installed to elTectively close the ga.s-supply connection when not in use
on LP-gas, combination LP-natural or natural-gas-piping systems.
No If.: Auihorilv cited: Section 18020. Health and Safely Code. Reference: Sec-
tion IH055. Health and Safety Code.
History
I. Amendment filed 12-7-79; effective thirtieth dav thereafter (Register 79, No.
49).
§ 4445. Appliance Connections.
All gas-burning appliances shall be connected to the gas-piping sys-
tem with materials as provided in Section 4430 or with listed gas
appliance connectors. Gas appliance connectors shall not be run through
walls, ceilings, floors or partitions. Aluminum luhing and connectors
shall not be used in exterior locations.
History
1. Amendment filed 7-25-75: designated effective 9-1-75 (Register 75. No. 30).
§ 4446. Appliance Shutoff Valves.
A shutolT valve shall be installed in the fuel-piping outside oleach gas
appliance within the vehicle, upstream of the union or connector in addi-
tion to any valve on the appliance. The shutoff valve shall be U)cated
within 6 feet of a cooking appliance and within 3 feet of any other
appliance.
NOTF.: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
I . Amendment filed 12-7-79; effective thirtieth dav thereafter (Register 79. No
49).
§ 4450. Testing Before Appliances Are Connected.
Piping systems shall stand a pressure of ai least six inches mercury or
three-psi for a period of not less than ten minutes without showing any
drop in pressure. Pressure shall be measured with a mercury inanometer
or slope gage or equivalent device calibrated so as to be read in incre-
ments of not greater than one-tenth pound. The source of pressure shall
be isolated before the pressure tests are made.
Before test is begun, the temperature of the air and of the piping shall
be the same, and constant air temperature shall be inaintained throughout
the test.
Page 199
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§4451
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 4451 . Testing After Appliances Are Connected.
Alter appliances are connected, the piping system shall be pressuri/ed
to nt)t less than 10 inches nor more than 14 inches water column and the
appliance connections tested lor leakage with soapy water oi' bubble so-
lution.
Hisnom
1 . Amcndmcnl llicd 7-25-75: designated crt'cciivc 9-1-75 ( KclmsIlt 75. No. ,^0).
2. Amendment tiled 1 1-28-75 as an emerucncv: ct't'cctive upon I'ilinii (RcLMSter
75. No. 4S).
."v Ccnificatc ol Compliance tiled l-.^()-76 (Register 76. No. 5).
4. Amendment tiled 6-9-77: tiesignaied elTective 9-1-77 (Register 77. No. 24).
S 4452. Leaks.
(a) Leaks in gas piping shall be located by applying soapy water to the
exterior of the piping.
(h) Fire, ether or acid shall not be iised to locate or repair leaks, nor
shall any substance other than air be introduced into the gas piping.
(c) ll shall not be permissible to repair defects in gas piping or fittings.
Defective pipe or fitting shall be removed and replaced w ith sound tnate-
rial.
§ 4453. Rodent Resistance.
All exterior openings around piping, ducts, plenums, chitrineys and
vents shall be sealed to resist the entrance of rodents.
§ 4455. General.
The requirements of this article shall govern the installation of all oil
piping systems attached to any commercial coach except piping ap-
prt)ved as an integral part of the appliance.
Noii:: Authority cited: Section 18020, Health and Safety Code. Relerenee: Sec-
tion 18055. Health and Safety Code.
History
1. Amendment filed 6-9-77: designated effective 9-1-77 (Register 77. No. 24).
2. Amendment tiled 12-7-79: effective thirtieth day thereafter (Register 79. No.
49).
§ 4456. Expandable or Multiple Commercial Coaches.
When a commercial coach is composed of two or more units, or in-
cludes expandable rooms, the oil-piping system shall be located only in
the unit containing the oil-supply connection.
§ 4457. Materials.
All materials used for the installation extension, alteration, or repair
of any oil piping system shall be new and free from defects or internal
obstructions. The system shall be made of materials having a melting
point of not less than 1.450" F, except as provided in 4459. They shall
consist of one or more of the following materials:
I a) Steel or wroughl-iron pipe shall comply with American National
Standard for Wrought-Steel or Wroughl-Iron Pipe, B36.10-1970.
Threaded copper or brass pipe in iron pipe sizes may be used.
( b) Fittings for oil piping shall be wrought iron, malleable iron, steel,
or brass (containing not more than 75 percent copper).
(c) Copper tubing shall be annealed type. Grade K or L, conforming
to the Specifications for Seamless Copper Water Tube ( ASTM B88-72),
or shall cotnply with the specifications for Seamless Copper Tube for Air
Conditioning and Refrigeration Field Service, (ASTM B28()-73).
(d) Steel tubing shall have a minimum wall thickness of 0.032 inch for
diameters up to 1 12 inch and 0.049 inch for diameters 1 II inch and larger.
Steel tubing shall be constructed in accordance with the Specification for
Electric-Resistance Welded Coiled Steel Tubing for Gas and Fuel Oil
Lines (ASTM A539-73) and shall be externally corrosion protected.
History
1. Amendment tiled 9-7-73: effective thirtieth dav thereafter (Register 73, No.
36).
2. Amendment tiled 7-2.5-75: designated effective 9-1-75 (Register 75. No. 30).
§ 4458. Size of Oil Piping.
The minimum size of all fuel-oil tank piping connecting outside tanks
to the appliances shall be no smaller than three-eighths-inch OD copper
tubing or one-fourth-inch ips. In those cases where No. 1 fuel oil is used
with an auloniatic pinnp (fuel lifter), one-fourth-inch OD copper tubing
may be used if specified by the pump manufacturer.
§ 4459. Joints for Oil Piping. Jl^
All pipe Joints in the piping system, unless welded or brazed, shall be ^H^
threaded joints that comply with ANSI Standards Pipe Threads (except
Dryseal) B2.1 — 1968. Right and left nipples or couplings shall not be
u.sed. Unions, if used, shall be of ground joint type. The material used for
welding or brazing pipe connections shall have a melting teinperature in
excess of 1, ()()(>' F.
Noth: Authorilv cited: Section 18020. Health and Saletv Code. Relerenee: Sec-
tion 18055. Health and Saletv Code.
Ht STORY
I . Amendment filed 12-7-79: elfeclive thirtieth day thereafter (Register 79. No.
49).
§ 4460. Tubing Joints.
Tubing joints shall be made with either a single or a double tlareolthe
proper degree, as recoinmended by the tubing manufacturer, or with oth-
er listed vibration-resistant fittings, or joints may be brazed with material
having a melting point exceeding 1 .000" F. Metallic ball sleeve compres-
sion-type tubing fittings shall not be used.
NoTti: Authority cited: Section 18020. Health and Safely Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1 . Amendment filed 7-25-75: designated eifective 9-1-75 (Register 75, No. 30).
2. Amendment filed 1 2-7-79: effective thirtieth day thereafter (Register 79, No.
49).
§4461. Pipe-Joint Compound.
Threaded joints shall be made up tight with listed pipe-joint com-
pound which shall be applied to the male threads only.
Note: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 1 8055, Health and Safety Code.
History
I . Amendment filed 12-7-79: effective thirtieth day thereafter (Register 79. No.
49).
§ 4462. Couplings.
NOTIZ: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
1 . Repealer filed 12-7-79: effective thirtieth day thereafter (Register 79, No. 49).
§ 4463. Grade of Piping.
Fuel-oil piping installed in conjunction with gravity feed systems to
oil-heating equipment shall slope in a gradual rise upward from a central
location to both the oil tank and the appliance in order to eliminate air
locks.
§ 4464. Hangers and Supports.
All oil piping shall be supported by galvanized or equivalently pro-
tected metal straps or hangers at intervals of not more than four feet, ex-
cept where support is provided by structural members. The supply con-
nection shall be rigidly anchored to a structural member within six inches
of the supply connection. Piping shall be installed so that it will not be
subject to undue strains and stresses.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
I . Amendment filed f 2-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4465. Testing for Leakage.
Before setting the system in operation, tank installations and piping
shall be checked for oil leaks with fuel oil of the same grade that will be
burned in the appliance. No other tTtaterial shall be used for testing fuel-
oil tanks and piping. Tanks shall be filled to maximum capacity for the
final check for oil leakage.
§ 4468. Oil Tanks.
Oil tanks and listed automatic pumps (oil lifters) installed for gravity
flow of oil to heating equipment shall be installed so that the top of the
Page 200
(4-t-90)
Title 25
Factorv-Built Housing and Mobile Homes
i} 4475.5
•
lank is no higher than 8 led abo\e the appNanee oil eonlrol and the bol-
loni ot'lhe lank is not less than 18 inches above the appliance oil control.
Hisiotn
1. Arnendincnl I'ilccl 6-9-77: dcsignalcd cllcclivc 9-1-77 (Register 77. No. 24).
§ 4469. Auxiliary Oil-Storage Tank.
Oil-supply tanks alTixed to a commercial coach shall be so located as
to require Tilling and draining from the outside and shall be in a place
readily available lor inspection. II the I'uel-supply tank is located in a
compartment of a ct)mmercial coach, the compartment shall be venti-
lated at the bottom to permit dilTusion of vapors and shall be insulated
rrt)m the structural members of the body. Tanks so installed shall be pro-
\ided with an t)ulside fill and \ent pipe and an approved liquid-level
gage.
Noil Aiithorily cited: .Section iS()2(). Health and Salety Code. Relerenee: Sec-
tion 1X05.^. Health and Salely Code.
History
I . Amendment tiled 1 2-7-79; elTeetive thinielh day therealler (Resisler 79. No.
49).
§ 4470. Shutoff Valve.
A readily accessible listed manual shulolT valve shall be installed at
the outlet of an oil-supply tank. The valve shall be installed to close
against the supply.
H471. Fuel-Oil Filters.
All oil tanks, except for integrally mounied tanks, shall be equipped
with a listed oil filler or strainer located downstream from the lank shutoff
valve. The fuel-oil filler or strainer shall contain a sump with a drain for
the enlrapmenl of water.
§ 4473. Appliances.
(a) All heat-producing appliances used in commercial coaches shall
be specifically listed, labeled, or certified by an approved testing agency
in accordance wilh nationally recognized standards, except as provided
in these regulations. Heal-producing appliances, vents, and chimneys
shall be installed in accordance with the terms of their listing and the
manufacturer's instructions.
(b) in addition, appliances and equipment for heating of grease or oth-
er liquids shall be designed in such a manner that means are provided to
prevent the spillage ol' liquids when the vehicle is in transit. This subsec-
tion shall become effective April 1, 1980.
(c) All fuel-burning appliances, except ranges, ovens, commercial
food and heat-processing equipment, illuminating appliances, clothes
dryers, solid fuel-burning fireplaces and fireplace stoves, shall be in-
stalled to provide for the complete separation of the combustion system
from the interior atinosphere of the commercial coach. Combustion air
inlets and Hue gas outlets shall be listed or certified as components of the
appliance. The required separation may be obtained by:
( 1 ) The installation of direct vent system (sealed combustion system)
appliances, or
(2) The installation of appliances within enclosures so as to separate
the appliance combustion system and venting system from the interior at-
mosphere of the vehicle. There shall not be any door, reinovable access
panel, or other opening into the enclosure from the inside o\' the vehicle.
Any opening for ducts, piping, wiring, etc., shall be sealed.
(d) Solid fuel-burning factory-built fireplaces and fireplace stoves
shall be listed for use in mobile structures and may be installed in coin-
mercial coaches provided they and their installation conform to the I'ol-
lowing:
( 1 ) A fireplace or fireplace stove shall not be considered as a heating
facility for determining compliance with thermal protection.
(2) A fireplace or fireplace stove, air intake assembly, hearth extension
and the chimney shall be installed in accordance with the terms of their
hstings and their manufacturer's instructions.
{?) The fireplace or fireplace stove shall not be installed in a sleeping
room.
NoiH: Aiithorilv cited: Section ]S()2(). Health and Salelv Coile. Relerenee: See-
lion 1 HO.^.S. Health and Safely Cade.
Hlsiorv
1. Amendment tiled 6-9-77; designated citeelive 9-1-77 (Register 77. No 24).
2. Amendment tiled 12-7-79; elleelive thirtieth dav therealler (Re>jisier 79. No.
49).
5^ 4474. Fuel Conversion.
Heat-producing appliances shall not be converted from one fuel to
another unless converted in accordance wilh the terms of their listing.
§ 4475. Appliance Installation.
(a) A forced air appliance and its return-air system shall be designed
and installed so that negative pressure created by the air-circulating fan
cannot affect its or another appliance's combustion air supplv or act to
mix products of combustion with circulating air.
(b) The air circulating fan of a furnace installed in an enclosure with
another fuel-burning appliance shall be operable only when anv door or
panel covering an opening in the furnace fan compartment or in a return
air plenum or duct is in the closed position. This does iH)t apply if both
appliances are direct vent system appliances. (.Sealed combustion)
Note: Authority cited: Section 18020. Health and Satetv Code. Relerenee: Sec-
tion 1 80.^.^. Health and Safety Code.
History
I. Amendment filed 12-7-79: efteetive thirtieth dav thereaher (Rcjister 79. No.
49).
5j 4475.2. Separation.
(a) The interior walls and ceiling of fuel-burning furnace and water
heater enclosures, including access doors, shall be covered with .■S/16
inch thick gypsum board or equivalent protection.
(b) Exposed interior surfaces adjacent to cooking ranges shall have a
llame-spread rating not exceeding 50. Adjacent surfaces are all exposed
vertical surfaces between the range top and the overhead cabinets and/or
ceiling and within 6 horizontal inches of the range.
NOTE: Authonly cited: Section 18020, Health and Safety Code Relerenee: Sec-
tions 18().S5 and 180.^8. Health and .Safety Code.
HlSlORV
1. New section Hied 12-7-79; effective thirtieth day thereafter ( Register 79. No.
49).
§ 4475.5. Clothes Dryer Installation.
(a) Clearance. Listed Type 1 clothes dryers shall be installed with a
miniinum clearance of 6 inches from adjacent combustible material, ex-
cept that clothes dryers listed for installation at lesser clearances may be
installed in accordance with their listing.
(b) Listed Type 2 clothes dryers shall be installed with clearances of
not less than shown on the marking plate and in the manufacturer's in-
structions. Type 2 clothes dryers designed and marked "For use only in
tire-resistive locations" shall not be installed elsewhere.
(c) Exhausting. Type I clothes dryers shall not be installed in bath-
rooms or bedrooms unless exhausted to the outside air.
Type 2 clothes dryers shall be exhausted to the outside air.
(d) Make-up Air. Provision for make-up air shall be provided for
Type 2 clothes dryers, with a minimum free area of one square inch for
each 1.000 Btu per hour total input rating of the dryer(s) installed.
(e) Exhaust Ducts. Type I and 2 clothes dryer exhaust ducts shall not
be connected into any vent connector, gas vent, chimney, crawl space,
attic or other similar concealed space.
Ducts for exhausting clothes dryers shall not be put together with
sheet-metal screws or other fastening means which extend into the duct
and which would catch lint and reduce the efficiency of the exhaust sys-
tetn.
(f) Exhaust ducts for Type 2 clothes dryers shall be constructed of
sheet metal or other noncombustible material. Such ducts shall be equiv-
alent in strength and corrosion resistance to ducts made of Nt). 24 galva-
nized sheet gage steel. Type 2 clothes dryers shall be equipped or in-
stalled with lint controlling means.
NOTE: Authority cited: Section 18020. Health and Safety Code. Relerenee: Sec-
tions 1 80.^5 and 1 8058, Health and Safety Code.
Page 201
(4-1-90)
§ 4475.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
HiSIORY
1. New section tiled 12-7-79: etTective thiilieih dav ihercalter (Register 79. No.
49).
§ 4475.7. Commercial Hoods and Kitchen Ventilation.
Except as provided in Article 3.5, ol' these regulations, ail commercial
hoods and kitchen ventilation systems shall be designed and installed in
accordance with the Uniform Mechanical Code, 1976 edition. Chapter
20.
NOTl-: Aiilhorily cilcd: Section 1S02(). Health and Saletv Code. Reference: .Sec-
lion m)>5. Health and Safety Code.
HiSIORY
1. New section filed 12-7-79: effective Ihiilieth dav thereafter (Register 79. No.
49).
§ 4476. Manufacturer's Instructions.
(a) Operating inslmctions shall be provided with the appliance.
(b) The installer shall leave the manufacturer's installation instruc-
tions with the appliarice.
(c) Information on clearances, input ratings, lighting and shutdown
shall be attached to the appliances with the same permanence as the
nameplate, and so located that it is easily readable when the appliance is
properly installed.
(d) Each fuel-burning appliance shall bear a permanent marking des-
ignating the type(s) of fuel for which it is listed.
§ 4476.5. Safety Devices.
(a) All appliances shall be equipped with a listed device or devices
which will shut off the fuel supply to the main burner or burners in the
event of pilot or ignition failure, in addition, liquefied petroleum gas
burning appliances shall be equipped with a listed automatic device or
devices which will shut off the How of gas to the pilot in the event of igni-
tion failure.
ExCf-l'TION; Listed shutoff devices are not required for listed appliances not re-
quiring such devices and specific industrial appliances as approved by the depart-
ment.
(b) All storage-type water healers, regardless of source of energy, in
addition to the primary temperature control, shall be equipped with a
listed temperature-limiting device installed in accordance with applica-
ble standards.
(c) All storage-type water heaters, regardless of source of energy,
shall be provided with a listed pressure-relief valve. Each pressure-relief
valve shall be an autotnatic type with drain and shall be set at a pressure
of not more than the maximum allowable working pressure of the water
heater or system, whichever is lower.
(d) Relief valves shall be equipped with a full-si/e drain of material
able to withstand 225" F { 1 07° C) which shall extend to the outside of the
vehicle with the end directed downward. No part of the relief drain shall
be trapped. The terminal end shall not be threaded.
Noit;; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 180.^5, Health and Safety Code.
HiSIORY
1 . New section filed 1 2-7-79: effective thirtieth day thereafter (Register 79. No.
49).
§ 4477. Securing.
Every appliance shall be secured in place to avoid displacement and
movement from vibration and road shock.
§ 4478. Accessibility.
Every heat-producing appliance shall be accessible for inspection,
service, repair and replacement without removing permanent construc-
tion. Sufficient room shall be available to enable the operator to observe
the burner, controls and ignition means while starting the appliance.
§ 4479. Clearances — General.
Clearances from heat-producing appliances to adjacent surfaces shall
be not less than specified in the terms of their listing. Clearance spaces
shall be framed in or guarded to prevent creation of storage space within
the clearance specified.
§ 4480. Venting.
Every appliance designed to be vented shall be connected to an ap-
proved venting system and vented to the outside of the vehicle. Venting
systems shall not tertninaie beneath the vehicle.
(a) Venting systems shall be so designed and constructed as it) devek)p
a positive How adequate to convey all combustion product to the outside
atmosphere.
(b) A venting system which is an integral part of the vented appliance
shall be installed in accordance with the terms of its listing, manufactur-
er's installation requirements, and applicable requirements of these regu-
lations.
Noi't: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
lion 1S05.'S. Health and Safety Code.
History
1. Amendment filed 9-7-7.^: effective thinieth dav thereafter (Recister 73. No.
.^6).
2. Amendment filed 12-7-79: effective thirtieth dav thereafter (Register 79. No.
49).
§ 4481 . Types of Venting Systems.
Venting of appliances shall be accomplished by one or more of the fol-
lowing:
(a) An integral vent system consisting entirely of listed components
certified as part of the appliance.
(b) A vent system consisting entirely of listed or certified components,
from the appliance outlet to the vent termination, installed in accordance
with the appliance or vent manufacturer's installation instructions.
NOTE: Authority cited: Section 18020. Health and Safetv Code. Reference: Sec-
tion 1 80.S5. Health and Safety Code.
History
1 . Amendment filed 12-7-79: effective thirtieth dav thereafter (Reeister 79, No.
49).
§ 4482. Single-Wall Vents.
A single-wall metal vent or vent connector shall not be used unless
listed or certified as a component part of the appliance.
§ 4483. Appliance Air Supply.
Every heat-producing appliance shall be so installed as to assure a suf-
ficient supply of fresh air for proper fuel combustion. Air supply inlet and
outlet equipment, when installed, shall maintain the required separation
of cotnbustion, ventilation and diluUon air from the interior atmosphere
of the commercial coach. All air-supply inlet and outlet equipment shall
be listed or certified as components of the appliance and installed in ac-
cordance with the appliance manufacturer's installation instructions.
History
]. Amendment Hied 9-7-7,3; effective thirtieth day thereafter (Reaister 73, No.
,36).
§ 4484. Vent Termination.
Vent openings shall not terminate less than three feet from any motor-
driven air intake that terminates into the interior of the vehicle.
NOTE: Authoritv cited: Section 18020, Health and Safety Code. Reference: Sec-
lion 180.S.S. Health and Safety Code.
History
1 . Amendment filed 1 2-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4485. Joints.
All joints and connections of any vent or vent-connector shall be made
secure and fight.
§ 4486. Roof Jacks.
Roof jacks shall be designed and installed to prevent either the ceiling
or material from the ceiling cavity from extending below the ceiling line
as indicated on the roof jack.
§ 4490. Safety Devices.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 180.S5, Health and Safety Code.
Page 202
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
J^ 4500
HlSIORV
I. Repealer I'i led 12-7 7^: elTeetive thiiiieih da\ IherealteiM Register 79, No. 40).
§ 4492. Air Supply Systems.
Supply duels shcill be made froiii galvuni/cd slcel. liiipkucd slccl. or
aluniinuni. i)r shall be listed Class 0. Class I , or Class 2 air duels. Class
2 ail' duels shall be loeaied al least 3 teet from ihe furnaee bonnet or ple-
num. Duels consirueied IVom sheet metal shall be in aeeordanee with .Ap-
pendix Table CC-M-4.
Non.. AiilhoritN eiled: Seelion 18020. Health and SaJety Ct)de. Reterenee: .See-
uon IS0.S5. Health and .Salety Code.
Hl.SIORY
1. Antenclment of seelion. repealer of Table ?> and new Tables D-3 and D-4 Tiled
'•)-^-^^: elleelive ihiilieth day thereat'ler (Register 7?>. No. .^6).
2. Repealer ot'Tables D-?> and 0-4 and aniendiiient filed 1-25-75: designated ef-
leetive 9-1-75 (Register 75. No. ^{)).
3. Aniendnieni filed (i-9-77; designateil efieeti\e 9-1-77 (Register 77. No. 24).
4. Antendment filed 12-7-79: effeetive thiitieth day thereafter (Resisler 79. No.
49).
§ 4493. Joints and Seams of Ducts.
(a) Joints and seams of duets shall be meehanieally fastened and made
substantially airtight. Slip joints shall have a eontaet lap of al least one
ineh and shall be meehanieally fastened by sheet metal screws or equiva-
lent method.
(b) Tapes shall be used for sealing joints and shall not he more combus-
tible than listed flatiieproof fabric.
NoTl.: Authority cited: Section 18020. Health and Salety Code. Reference: Sec-
tion 18055. Health anil Salety Code.
HlSlOkY
I . Aniendnient filed 1 2-7-79: effective thinieth day thereafter (Retrister 79. No.
49).
$ 4494. Installation.
(a) Duets shall be securely fastened in place and supported al least ev-
ery four (4) feet.
(b) Fittings connecting the registers to the ducts system shall be con-
sirueied of ineial or material which complies with the requiretnents of
Class 0, I . or 2 ducts under UL Standard 181.
(c) Registers shall be constructed of metal or conform with the follow-
ing:
( 1 ) Be made of tnaierials classified 94V-0 or 94V- 1 when tested as
described in Underwriters" Laboratories. Inc. Standards for Tests for
Flammability of Plastic Materials for Parts in Devices and Appliances.
UL 1976.
(2) Resist without structural failure a 200 lb. concentrated load on a 2
inch diameter disc applied to the most critical area of the exposed face
of the register. For this test the register is to be at a temperature of not less
than 165 F and is lo he supported in accordance with the manufacturer's
instructions.
Non:: Authority eiled: Seelion 18020. Health and Safety Code. Reterenee: Sec-
tion 18055. Health and Safety Code.
Hl.SIORY
1. Amendment illed 9-7-7,^: effective thirtieth dav thereafter (Register 7.^. No.
36).
2. Amendment filed 7-2.5-75: designated effective 9-1-75 (Register 75. No. 30).
^. Amendment filed 12-7-79: effeetive thinieth day thereafter (Register 79. No.
49).
§ 4495. Expandable or Multiple Vehicle Ducts.
(a) An expandable or multiple vehicle may have ducts of the heating
system installed in the various units. The points of connection must be
so designed and constructed that when the vehicle is fully expanded or
coupled, the resulting duct joint will conform to the requirements of this
article.
(b) Crossover duct installations shall be designed to be effectively sup-
ported by the vehicle. The installation shall be designed to provide a
minimum clearance of four inches between the bottom of the ducts and
the eround.
Non.: Authority eiled: Section 18020. Health and Salel\ Code. Reference: Sec-
tion 18055, Health and Safety Code.
HiSTOR'i
1. Aniendmenl filed 9-7-73: elTccli\e thinieth tlav thereafter (Resiistei 73. No.
.^6).
2. Amendment filed 12-7-79: efleclivc thinieth da\ ihereahei (Rci^isiei 79. No.
49).
§ 4496. Sizing of Ducts.
F)ucls shall be designed so thai when a labeled forced air furnace is in-
stalled and operated continually ai its normal input rating in the commer-
cial coach, with all registers in fully opened position the static pressure
measured in the duct plenum shall not exceed 90''/^ of that shown on the
label of the appliance. When a cooling coil is installed between the fur-
nace and the duct plenum, the total sialic pressure between the furnace
and the coil shall not exceed that shown on the label ol'lhe appliance. The
mininutin dimension of any branch duct shall beat least one and one-half
inches, and of any main duel, two and one-half inches.
Noif: Authority eiled: Section 18020. Health and Safety Code. Reference: Sec-
lion 1 8055. Health and Safety Code.
History
1 . Amendment of seelion and repealer of Table 4 filed 9-7-73: effective thniieih
day thereaher (Register 73. No. .^6).
2. Amendment filed 7-25-75: designated effective 9-1-75 (Register 75. No. 30).
3. Amendment filed 12-7-79: eflective ihinieth day thereafter (Register 79. No.
49).
§ 4497. Airtightness of Supply-Duct System.
A supply-duet system shall be considered substantially airtight when
the static pressui'c in the duct system, with all registers sealed and with
the furnace air circulator at high speed, is at least 80 percent of the static
pressure measured in the furnace easing, with ils tnitlets sealed and the
furnace air circulator operating at high speed.
§ 4498. Test Equipment.
For the purpose of Sections 4496 and 4497 pressures shall be mea-
sured with a water manometer or an equivalent device calibrated so as to
read in increments of not arcater than t)ne-tenth-inch water column.
§ 4498.5. Duct and Plenum Insulation.
Except for special purpose commercial coaches, every heating and
cooling duet and plenum shall be installed in accordance with the follow-
ing:
(a) Air supply ducts that are not within the coach insulation having an
R factor of at least 4 shall be insulated.
(b) Supply ducts within the coach but not within the insulation de-
scribed in (a) shall be insulated with rigid insulation having a thermal in-
sulation (R) not less than 3 with a continuous vapor barrier having a perm
rating of not more than 1 .0.
(c) Supply ducts exposed directly to outside air, such as under chassis
crossover duets, shall be insulated with material having a thermal insula-
tion (T'i) of not less than 4.0 with a continuous vapor barrier having a perm
rating of not more than 1 .0.
(d) Aluminuin foil u.sed as a vapor barrier shall be at least 2 mils in
thickness.
Note-:: Authority cited: Section 18020. Health and Safely Code. Reference: Sec-
tion 18055, Health and Safely Code.
History
1. New section filed 12-7-79: effective thinieth day thereafter (Reiiister 79. No.
49).
§ 4500. Circulating Air Systems.
Provisions shall be made to permit the return of circulating air from all
rooms and living spaces to the circulating air supply inlet of the furnace.
(a) Duct Material. Return duets and any diverting dampers contained
therein shall be in accordance with the following:
( 1 ) Circulating air supply shall be through ducts complying u ith Sec-
tion 4492.
(2) Portions of return ducts directly above the heating surfaces, orclos-
er than 2 feet from the outer jacket or casing of the furnace shall be con-
Page 203
(4-i-q())
S 4501
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
sirucied ol" metal in accordance with Appendix Table CC-M-4. or shall
he listed Class 0 or Class I aii' ducts.
(h) Separation. There shall he a complete separation helween any com-
bustion air and circulating air supply.
(c) Air Requirements. The minimum unobstructed total area ol'the cir-
culating air openings or ducts to a gravity-type warm-air furnace shall
he not less than 7 square inches tor each 1000 Btu/h approved rating or
in accordance with the terms of listing and the manufacturer's installa-
tion instnictions.
The minimum unobstructed total area of the circulating air openings
or ducts to a blower-type warm-air furnace shall he not less than 2 square
inches for every 1000 Btu/h approved output rating or bonnet capacity
of the furnace.
The total area of the circulating air openings orducts need not be larger
than the minimum sized circulating air opening or openings, or in accor-
dance with the terms of listing and the manufacturer's installation in-
staiction.
( 1 ) Dampers. Volume dampers shall not he placed in any warm-air
furnace circulating air inlet in a manner which will reduce the required
circulating air to the furnace.
(2) Ducts for Blower-type Warm-air Furnace. Circulating air for ev-
ery fuel-burning blower-type warm-air furnace shall he conducted into
the blower housing from outside the furnace space by continuous airtight
ducts.
id) Permanent Openings. Living areas not served by return-air ducts
and which may he closed off from the return opening of a furnace by
doors, sliding partitions or other means shall be provided with permanent
uncloseahle openings in the doors or separating partitions to allow circu-
lated air to return to the furnace. Such openings may he grilled or lou-
vered. The net free area of each opening shall he not less than one square
inch for every five square feet of total living area which may he closed
off from the furnace by the door or partition serviced by that opening.
(e) Prohibited Sources. The circulating air for a heating system shall
not be taken from any of the following locations:
(1 ) Closer than 10 feet from any fuel-burning appliance vent outlet or
plumbing vent opening, unless such vent outlet is 3 feet above the circu-
lating air inlet.
(2) Where it will pick up objectionable odors, fumes or flammable va-
pors.
(3) A hazardous or insanitary location.
(4) From a room or space having any direct-fired, fuel-burning
appliances therein, except fireplaces, fireplace stoves, household cook-
ing appliances and Class 1 clothes dryers.
( f) Screen. Every required circulating air inlet from outside the vehicle
shall be covered with screen having 1/4-inch openings.
NOTE; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1 . Repealer and new section tiled 7-25-75: designated effective 9-1-75 ( Register
75. No. 30).
2. Arnendnieni filed 6-9-77: designated effective 9-1-77 (Register 77. No. 24).
3. AiTiendment filed 12-7-79: effective thirtieth day thereafter (Register 79. No.
49).
§ 4501 . Return-Air Ducts.
History
1 . Repealer filed 7-25-75; designated effective 9-1-75 (Register 75. No. 30).
§4501.5. Duct Material.
History
1. New section filed 9-7-73: effective thirtieth dav thereafter (Reaister 73. No.
36).
2. Amendment filed 12-31-73 as an emergency: effective upon filing (Register
74. No. I).
3. Certificate of Compliance filed 3-1-74 (Register 74, No. 9).
4. Repealer filed 7-25-75: designated effective 9-1-75 (Register 75. No. 30).
§4501.7. Dampers.
All dampers installed in the heating or air conditioning systems of
commercial coaches shall be listed.
HiSlORY
I. New section filed 9-7-73: effective thirtieth dav thercal'ter (Register 73. No.
36).
§ 4502. Permanent Openings.
NoTt- Aiithoritv cited: Sec(it)n 18020. Health and Safeiv Code. Reference: Sec-
lion 1 8055. Health and Safety Code.
History
1 . Repealer filed 1 2-7-79; effective thiilielh day Ihcrcaller ( Register 79. No. 49).
§ 4505. Air Conditioning or Comfort Cooling Equipment.
All air-conditioning or comfort-cooling equipment shall be listed, la-
beled or certified by an approved testing agency and installed in accor-
dance with the terms of their listing and the manufacturer's instructions.
History
I . Amendment filed 6-9-77: designated effective 9-1-77 (Register 77. No. 24).
§ 4506. Installation.
Cooling coils installed as a portion of, or in connection with, any for-
ced-air furnace shall be installed on the downstream side unless speciii-
cally otherwise listed.
No refrigerant evaporator or cooling coil shall be located in the air dis-
charge duct of any forced-air furnace unless such furnace is listed for u.se
with a cooling coil or is listed for operation at not less than .3-inch water
column static pressure.
§ 4507. Separation.
NOTIZ: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
I . Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79. No. 49).
§ 4509. Circulating Air Supply.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055, Health and Safely Code.
History
1 . Repealer filed 1 2-7-79; effective thirtieth day thereafter (Register 79. No. 49).
§4510. Duct System.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18055, Health and Safety Code.
History
I . Repealer filed 1 2-7-79; elTecfi ve thinicth day thereafier (Register 79. No. 49).
§ 4511. Duct and Plenum Insulation.
NOTE; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18055. Health and Safety Code.
History
1 . New section filed 9-7-73; effective thirtieth day thereafter (Register 73. No.
2. Amendmenl filed 12-31-73 as an emercency; effective upon filinc (Reeister
7."^. No. 52).
3. Certificate of Compliance filed 3-1-74 (Register 74. No. 9).
4. Repealer of Tables 5. D-1 and D-6 and amendment filed 7-25-75: designated
effective 9-1-75 ( Register 75, No. 30).
5. Repealer filed 12-7-79; effective thirtieth day thereafier (Register 79, No. 49).
Appendix CC-M-1
Table CC-M-1
Standards for Heating, Cooling and Fuel-Burning
Appliances, Pipe and Fittings, Systems, etc.
Type ANSI UL Other Standards
Appliances
Automatic Ice-Making txiuipmenl NSF-12-1978
Commercial Cooking Equipment
Exhaust Systems NSF-33
Commercial Cooking and
Hot Food Storage Equipment NSF-4-1978
Commercial Gas BakJne and
Roastins Ovens ^. Z2 1.28- 1974 *
Page 204
(4-t-90)
Title 25
Factory-Built Housing and Mobile Homes
ij 45(11
ANSI
7.21.31-1973
I'vi'c
.\pi>litlih('s
Commercial Gas-hiicil and
Hlcclricall\ -Heated
Hoi Water GeneialiiiL' Hquipmenl
Conuuereial Povvered hood
Hieparalion Kc|iiipnieiit
Commereial Spray PishwasliinL'
Maehines
Dispensing Fiee/ers
Faetoiv-Built Fnepiaees and
Fn-eplaee Sto\es A I ,"^ \^ 197 I
Foot! Service hxiuipment
Food Ser\ ice KetViyeralors and
Storage Free/ers
Gas Gounler Appliances
Gas Clothes Dryer.
Type I
Type 2
Gas-Fired Absorption
Air Conditit)ners
Gas-Fired Direct Make-up
Air Heaters
Gas-Fired Direct Vent
Cent. I'urnaees
Gas-Fired Duct Furnaces
Gas-Fired Gra\ ity and Fan
Type Floor Furn
Gas -Fired Gravity and Fan Sealed
Comb. Wall Furn
Gas- F"ired Gravity and Forced Air
Cent. Furnaces
Gas-Fired Illuminating Appliances
Gas-Fired Kettles. Steam
Cookers and Gen
Gas-Fired Low Press. Steam and
Hot Water Boilers
Gas Water Healers. Auto. Storage
Type with Inputs ol 7.S.()00
BTLIHorLess
Gas Water Heaters. Circulating
Tank. Instantaneous and Large
Auto. Storage Type
Gas Heating Appliances or
Mobile Homes and Travel Trailers
Hotel and Restaurant Gas Ranges
and Unit Broilers
Hotel and Restaurant Gas Deep
Fat Fryers
Household Cooking Gas
Appliances
Liquid Fuel-Burning Heating
Appliances For MH &. TT
Manual Food and Beverage
Dispensing Fc|uip
Soda Fountain and Luncheonette
Eqiupment
Vending Machines tor Food and
Beverages
Refrigerators Using Gas
Fuel
Ferrous Pipe and Fittings
Black and Hot Dipped
Zinc Coaled (Galvanized) Welded
///,
Oilier Sldiiiliin/s
NSF-5-197S
SF-S-1978
NSF-.Vt97S
NSF-6-1978
LlL-127-1971
GAL
NSF-2-197S
NSF-7-197X
/.2
1.5.1
-1975 '
7.2
i..r2
-1974
72
1 .40-
1973 -
72
1.8.^.4-1978
72
1 .64-
4 978
72
l..^4-
1971 *
72
1.48-
1 976 '■'•-■
72
1 .44-
-1978
72
1.47-
1978
72
1 .42-
1971 *
72
1 .46-
■1974-
72
l.l.V
1971
721
.10.1
-1975 ^
721.10.3-1973
.W7(b)-1965
7.21
7.21
721.
,3-1975 -
,27-1974
1-1978
.307(a)
-1976
NSF-18-1978
NSF-1-1978
NSF-25-1978
721.19-1975
and Seamless Steel Pipe for
Ordinary Uses
Fleetrie-Resistance Welded
Coiled Steel Tubing for Gas
and Fuel Oil Lines
ASTM A12(J-
72a.
WW-P-406D73
A.STM A 539-73
Type ANSI UI. Oilier Shiiidiuds
Appliances
Pipe Threads B2.I-1968
Wrought-Stee! and Wrought-
Iron Pipe B36. l()-]97()
Nonferrous Pipe. Tubing and
Fittings Coated Flexible Metal
Gas Con-
nectors for F:xterior Use lAPMO TS( 9 72
Metal Connectors lor Gas
Appliances 7.2 1 .24-1973 -
Manually Operated Gas Valves . . 72 I . L5- 1 974 ^
Seamless Copper Water Tube ASTM B88-72
Seamless Copper Tube for Air
Conditioning and Retrigeraiion
Field Service ASTM B 280 73
Wrought Seamless Copper
and Copper Alloy Tube ASTM B25 1 7 1
Miscellaneous
Air Conditioning & Ventilating
Systems ^ ^ NFPA 90 A 1974
Air Duels UL 181-1974
Automatic Gas Ignition Systems
and Components 72 1 .20- 1 975
Automatic Valves for Gas
Appliances 721.21-1974 '
Gas Appliance Thermostats 72 1 .23-1975 ''■
Gas Vents 7131.2-1973 UL441-1973
Factory-Built Chimneys A I 31. 1-1 971 UL 103-1971
Installation of Oil Burning
F:quipment 795.1-1974 NFPA No. ;(|-197
Installation of Gas Appliances,
Gas Piping in Building NFPA No. 34-197
LPG Containers and Accessories ASMF. DOT
Pigtails, Expansion Coils, and
Flexible Hose Connectors
for LP-Gas UL 569-1975
Quiek-Diseonnect Devices
for Use with Gas 721.41-1971
Resident Type Warm Air
Heating and Air Conditioning NFPA No. 9()B73
Roof Jacks for Mobile Homes UL 31 1-1976
Relief Valves and Automatic
Gas Shutoff Devices for
Hot Water Supply Systems 721.22-1971 *■
Storage and Handling of Liquefied
Petroleum Gas 7106.1-1974 NFPA No. 58-1974
Tests for Flammability of Plastic
Materials for Parts
in Devices and Appliances UL94-1976
Tube Fittings for Flammable and
Combustible Fluids
and Refrigeration Service UL 109-1978^
*With Addenda.
Notes to Tabic
Abbreviations used in this Table refer to standards as
identified below and elsev\'here in this Standard.
AGA: Standards and Tentative Standards published by Ihe American Gas Associ-
ation. Inc. Laboratories. 8501 Fast Plea.sant Valley Rd..Cleveland.()hio44131.
ANSI: American National Standards institute, 1430 Broadway, New York. New
York 10017.
ASME: Standards and Tentative Standards published by the American Society of
Mechanical Engineers, 345 East 47th Street. New York. New York 10017'.
ASTM: Standards and Tentative Standards published by the American Society tor
Testing and Materials, 1961 Race Street, Philadelphia, PennsyKania 19|()3.
DOT: Regulations published in the Federal Code of Regulations for the Depart-
ment of Transportation. Title 49, Parts 17 l-]9()oftheFR are applicable. Avail-
able from the U.S. Government Priming Office, Washington. DC. 20234.
GAL: Standards of Gas Appliance Laboratcirv. Inc.. 3 1 38 F^ast Olympic Blvd.. Los
Angeles. CA 90023
I APMO: Standards (designated above asTSC (Trailer Standard )) published by the
International Association of Plumbing and Mechanical Officials. 5032 Alham-
bra Ave., Los Ansieles, California 90032.
Page 205
(4-1-90)
§ App. CC-M-2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NFPA: Standiirds published by the National Fire Protection Association. 470 At-
lantic Avenue. Boston. Massachusetts 02210.
NSF: National Sanitation Foundation. .M7.S Plymouth Kd.. P.O. Box 1468. Ann
Arbor. MUSI 06.
UL: Standards and Tentative Standards published bv the Underwriters Laborato-
ries Inc.. 207 Hast Ohio St.. Chicago. Illinois 6061 1.
WW-P: Standards published by the Federal Supply Service of the General Ser-
vices Administration available from Specification Sales I3FRSHS). BIdg. 1M7.
Washington Navy Yard. General Services Administration. Washington. DC.
20407. '
Nori;: Authority cited: .Section 1S020. Health and Safety Code. Reference: Sec-
tion I80.S.S. Health and Safety Code.
Hl.SIORY
1. New Appendix filed 7-2.S-7.S: desitinaled effective ^)-l-7.S (Register 15. No.
."H)).
2. Renumbering of Appendix, and amendment filed 6-9-77; designated effective
y-1-77 (Register 77. No. 24).
.1. Amendment filed 12-7-79: effective thirtieth day thereafter (Register 79. No.
49).
Appendix CC-M-2
Sizinj; and Capacities of Cas Piping
In order to dciermitie the si/c ol' piping lo be used in designing a gas
piping system, the following factors must be considered:
( 1 ) Allowable loss in pressure from the commercial coach gas supply
connection to appUance.
(2) Maximum gas consumption to be provided.
1 3) Length of piping and number of fittings.
1 4) Specific gravity of the gas.
(5) Diversity factor.
DESCRIPTION OF TABLES
(a) The quantity of gas to be provided at each outlet shall be deter-
mined directly from the manufacturer's Btu input rating of the appliance
that will be installed.
lb) Capacities for gas at low pressures (().? psig or less) in thousands
of BTUH of 0.60 specific gravity gas for different sizes and lengths are
shown in Table CC-M-3 for iron pipe or equivalent rigid pipe and for
semirigid tubing. Table CC-M-3 is based upon a pressure drop of 0..S
inch water column. In using these Tables no additional allowance is nec-
essary for an ordinary number of fittings.
(,c) Capacities in thousands of Btu per hour of undiluted liquefied pe-
troleum gases based on a pressure drop of 0.5 inch water column for dif-
ferent sizes and lengths are shown in Table CC-M-3 for iron pipe or
equivalent rigid pipe and for semirigid tubing. In using these Tables, no
additional allowance is necessary for an ordinary number of fittings.
(d) For any gas piping system, for special gas appliances or for condi-
tions other than those covered by Table CC-M-3 such as longer runs,
greater gas demands, or greater pressure drops, the size of each gas piping
system shall be determined by standard engineering methods acceptable
to the department.
USE OF CAPACITY TABLES
To determine the size of each section of gas piping in a system within
the range of the capacity tables, proceed as follows:
(a) Determine the gas demand of each appliance to be attached to the
piping system. When Table CC-M-3 is to be used to select the piping
size, calculate the gas demand in terms of thousands of BTUH for each
piping system outlet.
(b) Measure the length of piping from the gas supply connection, to the
most remote outlet in the commercial coach.
(c) In the appropriate capacity table, select the column showing the
measured length or the next longer length if the table does not give the
exact length. This is the only length u.sed in determining the size of any
section of gas piping.
(d) Use this same veilical column to locate all gas demand figures for
this particular system of piping.
(e) Starting at the most remote outlet, find in the vertical column just
selected the gas demand lor that outlet. If the exact figure or demand is
not shown, choose the next larger figure below in the column.
(f) Opposite this demand figure, in the first column at the left, will be
found the correct size of gas piping.
(g) Using this same vertical column, proceed in a similar manner for
each outlet and each section of gas piping. For each section of piping, de-
termine the total gas demand supplied by that section. Where gas piping
sections serve both heating and cooling equipment and the installation
prevents both units from operating simultaneously, only the larger of the
two demand loads need be used in sizing these sections.
EXAMPLE OF PIPING SYSTEM DESIGN:
Determine the required pipe size of each section and outlet of the pip-
ing system shown in Exhibit 1. with a designated pressure drop of O.O.S
inch water column.
Outlet D
Furnace
1.^6.000 BTUH
Outlet A
Water Heater
.30.000 BTUH
(3)
.30'
(2)
10'
(1)
10'
Gas Supply
Connection
10'
, Outlet B
'■ Refrigerator
3000 BTUH
Outlet C
Ranee
73.000 BTUH
SOLUTION
( 1 ) The length of pipe from the gas supply inlet to the most remote out-
let (a) is 60 feet. This is the only distance used.
(2) Using the column marked 60 feet in the Table:
Outlet A. supplying 30.000 BTUH. requires 3/8" iron pipe.
Outlet B. supplying 3.000 BTUH. requires 1/4" iron pipe.
Section I . supplying outlets A and B, or 33,000 BTUH, requires 3/8"
iron pipe.
Outlet C, supplying 73,000 BTUH, requires 3/4" iron pipe
Section 2. supplying outlets A. B, and C. or 106.000 BTUH, requires
3/4" iron pipe.
Outlet D. supplying 136,000 BTUH requires 3/4 inch pipe.
Section 3. supplying outlets A. B. C, and D, or 242,000 BTUH, re-
quires 1 " iron pipe.
NOTt:: Authority cited: Section 1S02(). Health and Safety Code. Reference: Sec-
tion 1805.S. Health and Safety Code.
History
1. Amendment filed 12-7-79; effective thirtieth dav thereafter (Reeister 79. No.
49),
Page 206
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
§4515
TABLE CC-M-.^
Gas Pipe Sizing
(Vhtxiiiuim Capacily of DilTerenl Si/cs of Pipe and Tubing in Thousands of Btu"s
Gas Pressures ol'O.? Psig or Less and a Maximum Pressure Drop of 1/2
Per hou
Ineh Wi
r or N:
tier C(
Iran
Pipe Size's
Lni,
iih III led
11).
10
20
30
40
50 60
1/4"
43
29
24
20
18 16
.V8"
95
65
52
45
40 36
1/2"
175
120
97
82
73 66
3/4"
360
250
200
170
151 138
1"
6X0
465
375
320
285 260
/
Lrii,i^
Liturai Gas For
)lumn
'iihiii'^
ill III i'cc!
70
61
MO
80
14
31
57
118
220
90
13
29
53
110
215
100
12
27
50
103
195
on.
.V8"
1/2"
5/8"
.V4"
7/8"
10
27
56
113
197
280
20
18
38
78
1.36
193
30
15
31
62
109
155
40
13
26
93
132
50
11
23
47
83
117
60
10
21
43
75
106
70
9
19
39
69
98
SO
M
18
37
64
91
MO
8
17
34
60
85
100
8
16
57
81
Pan II
Maximum Capaeily of DitTerenl Si/.es of Pipe and Tubing in Tiiousands of Blu's Per Hour of Undiluted
Liquefied Petroleum Gas
Based on a Maximum Pressure Drop of i/2 Inch Water Column
/;
(III Pipe
Tiihini;
I-Clll^lll ill 1
cct
/.
ciii^lli ill 1
eel
11).
10
20
30
40
.SO
60
70
80
90
100
O.D.
10
20
30
40
50
60
70
80
90
100
1/4"
67
46
37
31
28
25
~>T^
21
20
19
.V8"
39
26
21
19
._
.V8"
147
101
81
70
62
56
51
48
45
42
1/2"
92
62
50
41
37
35
31
29
27
26
1/2"
275
189
152
129
114
103
96
89
83
78
5/8"
199
131
107
90
79
72
67
62
59
ss
3/4"
567
393
315
267
237
217
196
185
173
162
V4"
329
216
181
145
131
121
112
104
95
90
1"
1071
732
590
504
448
409
378
346
322
307
7/8"
501
346
277
233
198
187
164
155
146
138
No 11- Aiiihoritv tiled: Scclion 18020. Health and Safety Code. Reference: Sec-
lion 18055. Health and Safely Code.
Hl.srORY
1. Rcnimibcring of Tahle CC-M-2 to Tahle CC-M-3 tiled 12-7-79; effective
thnlieth day ihereafier (Register 79. No. 49),
TABLE CC-M-4
Minimum Mela! Thickness for Ducts *
Diciiiicier or Width
14 iiiclu's Over
Duel type or less 14 inches
Round 0.013 in. 0.016 in.
Hncloscd Rectaneular 0.013 in. 0.016 in.
Kxposed Rectangular 0.016 in. 0.019 in.
When "nominar" thicknesses are specified. 0.003 ineh shall he added to these
■"minimum" metal thicknesses.
Nori.: Authority cited: Section 18020. Health and Safety Code. Reference: .Sec-
tion 18055. Health and Safely Code.
History
1 . Repealer of Tahle CC-M-4 and renumhcring of Tahle CC-M-3 to Table CC-
1V1-4 nied 1 2-7-79: effective thinieth dav thereafter (Register 79, No. 49). For
hrstory of former Table CC-M-4. see Register 77. No. 24.
2. Conection of 12-7-79 order tiled 12-1.3-79; effective thirtieth day thereafter
(Register 79. No. 49).
Subarticle 4. Plumbing
i^ 4514. Application and Scope.
The provisions of this article relating to plumbing equipment and in-
stallations apply to all commercial coaches manufactured after Novem-
ber 2.^. 1 970, and sold, offered for sale, rented, or leased within this State.
The provisions of this article are also applicable to the alteration or con-
version of plumbing equipinent and installations in any commercial
coach bearing or required to bear a department insignia of approval.
(a) Standards for Equipment and installations. Standards for equip-
ment and installations are listed in Appendix CC-P. Equipment and in-
stallations conforming to these standards or to other standards approved
by the department shall be considered acceptable when listed or labeled
and installed in accordance with the requirements of this article and the
conditions of their approval except where otherwise provided in this ar-
ticle.
(b) Plumbing Standards. Plumbing fixtures, equipment, and installa-
tions in or on a commercial coach shall conform to the applicable require-
inenis of the Uniform Plumbing Code, 1 979 edition, as published by the
International Association of Plumbing and Mechanical Officials, except
as otherwise provided by this article.
(c) The following provisions of the Unil'orm Plumbing Code, 1976
edition, are not adopted: Part I. Chapter I, Sections I02(f)(g). KCMkKl)
(m)(n). I04(a)(c). I()5(a)(e)(0, I06tb). I09(d)(e). I l.^(a)(c-)(d)(l"). 114
(b)(d)(e), I I7(b)(e)(i)(j)(l), I2()(a)(b)(c)(e)(r), I24(d)te)(0, 201, .^01.
302, .303, 304. 305. 306. .^07. 313.31 4. 3 17.31 9, 320, 32 1 . 322. 40 1 . .503.
.506,701.704,70.5.910, 1001, 1 004, Chapters 1 I, 1 2 and 13. Appendices
D. E. G, and 1.
NOTH: Authority cited: Sections 18020 and 18055. Health and Safely Code Rel-
erence: Section 18055. Health and Safety Code.
HlSIORY
1 . New section tiled 7-25-75; designated effeclive 9-1-75 (Register 75. No 30).
2. Amendment of NOTE tiled 6-9-77; desienaled effeclive 9-1-77 (Rcjisier 77.
No. 24).
3. Amendment filed 12-7-79; elTeciive thinieth dav ihereafier (Regisier 79. No.
49).
§4515. Definitions.
Definitions contained in the Health and Safety Code, Division 1 3. Part
2, (commencing with Section 18000) and the following definitions shall
apply to this Article.
Body Waste. The discharge from any fixtures, appliance or appurte-
nance containing fecal matter or urine.
CPVC. Chlorinated Polyvinyl chloride.
Drain. Any pipe which carries waste or waterborn wastes in a vehicle
drainage system.
Drain Outlet. The discharge end of the vehicle main drain.
Drainage System. Includes all the piping within or attached to the
structure which conveys sewage or other liquid wastes to the drain out-
let(s).
Main Drain. The principal artery of the vehicle drainage system to
which drainage branches may be connected.
PB. Polybutylene.
Page 207
(4-1-90)
S 4516
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Toilet — Mechanical Seal. A loilel designed with a water llusliing de-
vice and mechanical sealed trap.
Toilet — Recirculating Chemical. A sell-contained toilet in which
waste is recirculated and chemically treated.
Uniform Plumbing Code — UPC. The 1 979 edition as published by the
International Association of Plumbing and Mechanical OITicials.
Waste Holding Tank. A liquid tight lank lor the temporary retention
of body and/or liquid waste.
Water Distribution System. The potable water piping within or at-
tached to the vehicle.
Water Supply Connection. The fitting or point of connection in the ve-
hicle water distribution system designed for connection to a water sup-
ply.
Water Storage Tank. A tank designed for the purpose of storing pota-
ble water.
NOTl- Authoriiv ciiccl: Section 1S()2(). Health and Safclv Code. Reference: Sec-
tion ISO.S.S. Health and Safely Code.
History
1. Ainendmeni filed 9-7-7.1: elTeciive thirtieth dav thereafter (Resisler 73. No.
36).
2. Aniendmenl Hied 6-9-77: designated effective 9-1-77 (Register 77. No. 24).
3. Amendmeni Hied 12-7-79; effeetive thinieth dav thereafter (Resister 79. No.
49).
§4516. Drainage Systems.
The drainage system shall be designed to provide an adequate circula-
tion of air in all piping without danger of siphonage. aspiration or forcing
of trap seals under condition o\' ordinary use.
(a) Materials. Drainage pipe shall be cast iron, galvani/.ed steel, galva-
nized wrought iron, lead, brass, copper tube DWV, ABS plastic or other
listed materials.
(b) Fittings. Drainage fittings shall be cast iron, malleable iron, lead,
brass, copper DWV, ABS plastic or other listed materials having a re-
cessed drainage pattern with smooth interior waterways of the same di-
ameter as the piping and of a material conforming to the type of piping
used.
Not L: ABS drainage pipe and fittings shall only be used in vehicles with plumb-
ing fixtures designed for domestic sewage,
^(c) Drain Outlets.
(a) Except as provided in this article, each vehicle equipped with
plumbing fixtures or equipment shall have at least one drain outlet which
shall terminate within 18 inches of the outside wall of the vehicle.
(d) Cap or Plug. Drain outlets shall be equipped with a watertight cap
or plug which shall be permanently attached to the vehicle.
le) Clearance from Drain Outlet. The drain outlet and couplers shall
be provided with a minimum clearance of three inches in any direction
from all parts of the structure or appurtenances and with not less than 1 8
inches unrestricted clearance directly in front of the drain outlet.
Note-: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 1 SO.'iS. Health and Safety Code.
History
1. Amendment fded 9-7-73: effeetive thirtieth day thereafter (Resister 73, No.
36).
2. Amendmeni tiled 6-9-77: designated effective 9-1-77 (Register 77, No. 24).
3. Amendment tiled 12-7-79; effective thirtieth day thereafter (Register 79. No.
49).
§ 4516.5. Vents and Venting.
(a) Materials. Vent pipe shall be cast iron, galvanized steel, galvanized
wrought iron, lead, copper DWV, brass, ABS plastic, or other listed ma-
terials.
(b) Fittings. Vent fittings shall be cast iron, galvanized malleable iron
or galvanized steel, lead, copper DWV, brass. ABS plastic, or other listed
materials.
(c) Changes in direction of vent piping shall be made by the appropri-
ate use of approved fittings and no such pipe shall be strained or bent.
Buired ends shall be reamed to the full bore of the pipe.
NOTE: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion \m55. Health and Safety Code.
HiSlORY
1 . New section filed 12-7-79: effective thirtieth dav ihereahcr (Renisler 79. No.
49).
§4517. Traps Required.
(a) Except as otherwise provided in lhe.se regulations, each plumbing
fixture, excepting those having integral traps, shall be separately trapped
by an approved type water seal trap.
(b) It is provided, however, that one ( I ) trap may serve a set of not more
than three ( .1) single coinpartment sinks or laundry tubs of the same depth
or three (3) lavatories immediately adjacent to each other and in the same
room, if the waste outlets are not more than thirty (30) inches apart and
the trap is centrally located when three (3) compartments are installed.
The depth requirement inay be waived in the case of approved type pump
discharged fixtures or appliances.
(c) No food waste disposal unit shall be installed with any set of restau-
rant, commercial or industrial sinks served by a single trap; each such
food waste disposal unit shall be connected to a separate trap. Each do-
mestic clothes-washer and each laundry tub shall be connected to a sepa-
rate and independent trap; except that a trap serving a laundry tub may
also receive the waste from a clotheswasher set adjacent thereto. No clo-
theswasher or laundry tub shall be connected to any trap for a kitchen
sink.
(d) The vertical distance between a fixture outlet and the trap weir shall
be as short as practicable, but in no case shall the tail piece from any fix-
ture exceed twenty-four (24) inches in length.
NOTl:: Authority cited: Section 18020. Health and Safety Code. Reference: See-
lion 180.^5, Health and Safety Code.
History
1 . Amendment tiled 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
2. Amendmeni filed 12-7-79; effective thirtieth dav thereafter (Register 79, No.
49).
§4517.3. Traps Prohibited.
A trap thai depends on concealed interior partitions for its seal, full 'S'
traps, bell traps, and crown-vented traps are prohibited. No fixture shall
be double trapped. Drum traps may be installed only when approved by
the department for special conditions. No drum trap shall be installed
without a vent.
NOTi:: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 180.^5, Health and Safety Code.
History
1 . New section tiled 12-7-79: effective thinieth day thereafter ( Register 79, No.
49).
§4517.5. Trap Seals.
Each "P' trap shall have a water seal of not less than two (2) inches and
not more than four (4) inches, except where a deeper seal is necessary for
special conditions. Traps shall be set true with respect to their water .seals
and where necessary they shall be protected from freezing.
NoTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18()3.S, Health and Safety Code.
History
I . New section filed 12-7-79; effective thirtieth day thereafter (Register 79, No.
49).
§ 4517.7. Plumbing Fixtures.
Plumbing fixtures shall have smooth iinpervious surfaces, be free
from defects and concealed fouling surfaces, capable of resisting road
shock and vibration and shall conform to nationally recognized applica-
ble standards or other approved standards.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 18()5.S, Health and Safety Code.
History
I. New section filed 12-7-79; effective thirtieth day thereafter (Register 79. No.
49).
§ 451 7.8. Waste Holding Tanks.
Waste holding tanks installed in plumbing systems shall comply with
the following:
(a) Tanks shall be listed to approved standards and securely installed
in a location to be reinovable for service, repair or replacement without
Page 208
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
ij 4522
the noccssiiy olivmoving permanent, struetuial, mechanieal or electrical
eqiiipiiienl.
(h) Mininiiim si/e ofinlei connections shall be deiermined by the total
number of fixlures to be connected to the lank.
Toilet connections shall be 3-inch minimum pipe size and shall extend
verlically. The inlet lilting shall not extend downward into the tank more
than 1 1/2 inches (38 mm). The toilet connection shall be designed to re-
ceive ov conrt)rm to an approved shape closet flange of standard dimen-
sions or other approved lilting.
(c) Body waste holding lank drain opening shall be a minimum 3-inch
pipe si/e. Liquid waste holding lank diain opening shall be a minimum
I 1/2 inch pipe si/e. Drain openings shall be located at the lowest point
in ihc lank.
A listed I'ullway valve shall be directly connecled to the tank or in-
stalled in the drain pipe of ihe tank within 36 inches (9 1 5 mm) ol'lhe drain
outlet.
(d) The tank shall be venied at the highest point in Ihe top ol'lhe lank
by one of the following methods:
( 1 ) A 1 1/4 inch minimum diameter individual vent pipe extending un-
diminished in si/e through the roof.
(2) A wet vent serving as a drain provided the drain portion is increased
one pipe si/e larger than ihe connecled trap arm.
Nori:: Authoniv cited: .Section 18020. Health and Safety Code. Reference: Sec-
tion ISO,^.^. Health and Safety Code.
Hl.SKJin'
1 . New section filed 1 2-7-79; eUeclivc thinieth dav thereafter (Reeister 79. No.
49).
§ 451 8. Water Distribution System.
Piping systems shall be sized to provide an adequate quantity of water
to each plumbing fixture at a tlow rale sufllcienl lo keep ihe fixture in a
clean and sanitary condition without any danger ol' backllow or sipho-
nage.
(a) Materials. Water pipe and fillings shall be of brass, copper, cast
iron, galvani/ed malleable iron, galvanized wrought iron, galvanized
steel, chlorinated polyvinyl chloride, polybulylene or other material
listed for hot and cold water distribution systems.
(b) Used Material. Piping and tubing which has previously been used
for any purpose other than for potable water systems shall not be used.
NOTi:: Authornv cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 1 80.^3. Health and Safety Code.
History
1. Aiiiendmeni filed 12-7-79; eftective thinieth day thereafter (Register 79. No.
49).
2. Correction ot 12-7-79 order filed 12- 1. "^-79; effective thinieth day thereafter
(Register 79. No. 49).
§4519. Water Supply Connections.
(a) Each commercial coach equipped with a water distribution system
designed for connection to an outside source shall have a water-supply
connection which shall terminate within 18 inches of the outside wall of
the vehicle.
(b) Cap or Plug. Water-supply connections shall be equipped with a
watertight cap or plug which shall be permanently attached to the vehicle.
Noii:; Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
lion I80.S.S. Health and Salety Code.
HiSlORY
I Amendment filed i 2-7-79; eftective thinieth day thereafter (Register 79. No.
49).
§ 4522. Potable Water Storage Tanks.
Potable water storage tanks installed in plumbing systems shall com-
ply with the following:
(a) Tanks shall be listed to approved standards and installed in a loca-
tion to be removable for .service, repair or replacement without the neces-
sity of removing permanent structural, mechanical or electrical equip-
ment. Where the tank is installed in such a manner that it may be subject
to road dainage it shall be provided with mechanical protection.
(b) Non-pressure gravity tanks shall be equipped with a \ent at the lop
of the tank. Vents and overllow pipe openings shall be pi\)tected from the
entrance of dirt, insects and other contamination.
(c) Potable water storage tanks designed to be pressuri/ed. shall be
equipped with a listed air pressure relief val\e set to open at not more than
\25 psig (862 KPA) or in accordance with the lank manufacturer's in-
structions.
Ntril : Authority ciled: .Section 18020. Health and Satcty Code. Rclcrcncc: Sec-
tion i8().s.3. Health and Satcty Code.
Histoid
I . Repealer and new section filed 1 2-7-79; clTccti\c thinieth dav thcicaltcnRcL;-
isler79 No. 49).
Appendix CC-P-1
Wall Surfacinj» for Tub and Shower Enclosures
I. Material: The wall covering material must have an exposed
surface that is imper\ ious to water: the substrate ma-
terial must be resistant lo deterioration f!\)m expo-
sure to high humidity and temporary water leakage.
A. .Strength: The complete wall as.sembly. including the uall cov-
ering substrate, shall be capable of withstanding a
uniform load of five pounds per square foot applied
perpendicular to the surface. The dellection. under
load, shall not exceed 1/180 of the wall, for the as-
.sembly: or 1/240 the distance between framing
members, for the wall covering substrate.
B. Surface Finish: The exposed surface must meet the minimum re-
quirements of the American Hardboard Association
PS.S9-73. Prefinished Hardboard Paneling. Class 1.
as certified by the panel manufacturer.
C. Si/e: The minimum thickness of the material shall be 1/8"
nominal. The width to be sufficient to give continu-
ous unbroken surface from corner to corner, or end
of tub in corner installation, in an installation incor-
porating a shower, the unbroken surface must con-
tinue lo a height of at least 6' above the lloor of the
shower.
D. Type: The substrate material shall alsomeet the require-
ments of the appropriate standard listed below:
(1 ) Hardboard: o\' high strength and water resis-
tance to meet Commercial Standard CS-2.^ 1-63. or
AHA PS .S8-73. either standard or tempered.
(2) Softwood Plywood: must meet U.S. Product
Standard P.S. 1-66 including exterior type glue line
and grade A face veneer"suilable for painting."
(3) Hardwood Plywood: must meet CA-3.'>-6l
Type II glue line and sound grade face veneer.
(4) Other Materials: not meeting I)- 1. l)-2. l)-3
above, shall meet the requirements of this code and
their appropriate Product Standard, Industry Stan-
dard. Commercial Standard, of Federal Specifica-
tion.
II. Installation: The material must be installed in ct)nlormance with
this code and the application instructions provided
by the material manufacturer. In case of conllict. this
regulation shall take precedence.
A. Framing: Wood framing shall be spaced not more than 16"
o.c. Blocking shall be I"x3" or equal, installed hor-
izontally at height to match rim ol'lhe tub or shower
pan. All corners shall have sufficient framing mem-
bers for attachment of corner moldings.
B. Fastening: All edges and ends of panel shall occur on framing
members. Panels shall be applied lo wood framing
members using water resistant, non-hard setting
adhesive. Adhesive shall be applied to the face of all
framing members except locations where panel
Page 209
(4-1-90)
§ App. CC-P-2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
edges Tall beneath applied moldings. Panels may
also be applied over solid baeking using an adhesive.
Noih: Fasteners, it' necessary, shall be used only in loca-
tions where ihey will be covered by applied moldings, and
shall be used on not more than two adjacent edges. No other
interior fasteners, or fixtures, othcrihan retjuired functional
plumbing fixtures shall penetrate the face of the panel.
Openings for these plumbing fiximes must be sealed v\ ith
caulk.
C. Corners and
Edges: All eorners and edges must be eaiilked or sealed
against moisture penetration. A non-hard setting
sealant material must be used with applied mold-
ings. Fastening of moldings to framing shall not be
greater than 6" o.e.
History
1. Renumbering from Appendix MH-P and amendment tiled 7-25-7.S; desig-
nated effective 9-1-75 (Register 75. No. 30).
2. Renumbering from Appendix CC-P and amendment tiled 6-9-77: designated
effective 9- f-77 (Register 77. No. 24).
Appendix CC-P-2
Plumbing Material Standards
Olhcr
Materials ANSI ASTM FS Standards
KeiTous Pipe Fittings
Cast-iron Screwed Fittinszs B16.4
-1971
Malleable Iron Screwed Fittinns .. B16..3
-1971
Special Cast-iron Fittines lAPMO-PS
5-66
Welded Wrought Iron Pipe B36.2 A72
-1969 -1968
Wroushl-Steel and Wroucht-
IroiiPipe ^. 836.10
-1970
Black and Hot Dipped Zinc-Coated
(Galvanized) Welded and Seamless
Steel Pipe A 120
-1972a
Welded and Seamless Steel Pipe . . B125. 1 A53
-1972 -1972a
Pipe Threads (Except Dry-Seal) .. B2.
-196H
Cast-iron Soil Piping and Fittmas . A 12.5. A74 WW-P-
-1971 -72 401D-1969
Nonferrous Pipe and Fittings
Seamless Copper. Pipe,
Standard Sizes H26. 1 B42
-1973 -1972
Wrouahl Seamless Copper and
Copper Alloy Tube H23.4 B25 1
-1973 -1971
Seamless Copper Water Tube .... H23. 1 BH8
-1973 -1972
Copper Drainase Tube (DWV) . . . H23.6 B306
-1973 -1973
Wrought Copper & Bronze
Solder-Joint Pressure Fittings .. B 16.22
-1973
Wrought Copper and Wrought
Copper Alloy Solder-Joint
Drainaee Fittines B 16.29
-1966
Cast Brass Solder-Joint Pressure
Fittings B16.18
-1972
Cast Brass Solder-Joint Drainase
Fittines-DWV T. . . B 16.23
-1969
Cast Bronze Fittines for Flared
Copper Tubes .^ B 16.26
-1967
Seamless Red Brass Pipe.
Standard Sizes H27.1 B43
-1973 -1972
Other
Materials ANSI ASTM FS Standard
Cast Bronze Threaded Fittines.
150and3()()Lb '^. B16.i5
-1971
Plastic Pipe and Fittings ABS Plastic
Drain. Waste, and Vent Pipe and
Fittines 1)2661 L-P322B 1APM0-PS
-1973 -1973 PS 17-71
NSF 14 1970
PVC Plastic Drain. Waste and
Vent Pipe and Fittmes D2665 L-P32()B lAPMO-PS
-1973 32()B 27-69
-1973 NSF 14 1970
Chlorinated Polv (Vinvl/ Chloride)
(CPVC) Plastic Hot' Water
Distribution Systems D2846 NSF 14
-1973 1970
Polvbutylene (PB) Plastic Pipe
(SDR-PR) D2662
-1973
Polybutylene (PB) Plastic Hot
Water Distribution D3309
-1974
Miscellaneous Pipe Nipples.
Threaded WW-N
351B(1)
-1970
Rubber Gaskets for Cast Iron Soil
Pipe Fittines C564
-1970
Backtlow Prevention Devices lAPMO -PS
31-71
Valve. Bronze. Gate 125-150
and 200 Pound WW-V
1 54D 73
Valve. Cast-iron Gate. Threaded
and Flaneed WW-V
58B71
Plumbing — Fixture .Setting
Compound HH-C
536A'54
Cast Brass and Tubing P-Traps lAPMO-PS
2-66
Relief Valves and Automatic Gas
Shutoff Devices for Hot Water
Supply Systems Z2 1 .22"'
-1971
Solvent Cement for ABS Plastic
Pipe and Fittines D2235 NSF-14
-1973 1970
Solvent Cements for PVC Plastic
Pipe and Fittings D2564 NSF-14
-1973a 1970
Anti-Siphon Trap Vent Device NSP-24
1972
Diversion Tees and Twin Waste
Elbow lAPMO-PS
9-66
Flexible Copper Water Connectors lAPMO-PS
14-71
Dishwasher Drain Airgaps lAPMO-PS
23-68
Coated Flexible Metal Gas
Connectors for Exterior Cse lAPMO
TSC 9-72
Plumbing Fixtures Plumbing
Fixtures for Land Use WW-P
.541D-"71
Vitreous China Plumbine Fixtures . A112.19.2 NSF-24
-1973 -70
Enameled Cast-iron Plumbing ... A112.19.I
-1973
Porcelain Enameled Formed Steel
Plumbing Fixtures lAPMO
TSC22 72
Formed Metal Porcelain Enameled
Sanitaryware lAPMO PS
5-67
Gel-Coated Glass-Fiber Rein-
forced Polvester Resin Bathtub
Units . .. .' Z124.1 NSF-24
-1967 -72
Page 210
(4-1-90)
Title 25
Factorv-Built Housing and Mobile Homes
S4531
Olhcr
Materials ANSI ASTM /S SimuhirJ
Cicl-Coalcd Glass-hihcr Rein
loicccl Polvcstcc Resin Shouer
Rcceplor and ShoweiSlall Units . /I 24 2 NSF 24
-1%7 -72
Drains loi Piet'ahricaied antl
Pieeasl Showers lAPMO
PS 4-66
NSK-24-72
Culluied Maihle Lavatoiv lAPMO
PS 18-72
Pielahiieaied Siiovver Reeeptors.
Shower IJielosuies
and Non-Melallie Balhtubs lAPMO
PS 11-72
NSF-24-72
Perlorinanee Speeifiealions and
lVletht)ds of Test lor Salely Gla/ing
Material Used in BuildinL's . . . . ^ /»7 I
-1472
■ With Addenda
Notes to Table.
Abbreviations used in Table refer to standards as identified below and elsewhere
in this standard.
ANSI: Aineriean National Standards Institute. 14.^0 Broadway. New York. N.Y.
10017.
ASTM: Standards and Tentative Standards published bv the Aineriean Soeietv tor
Testing and Materials. 1916 Kaee Street. Philadelphia. PA 19103.
KS: Kederal Speeifieations published by the h'ederal Supply Serviee of the General
Services Administration available from Specification Sales (3FRSBS). BIdg.
197. Washington Na\ v Yard. General Services Adnunislration. Washineton.
DC. 20407.^
lAPMO: Standards and Tentative Standards designated as UPC~PS (Uniform
Plumbing Code — Product Standard ) and TSC (Trailer Standard ) available from
the International Association of Plumbing and Mechanical Officials, 5032 Al-
hambra Ave.. Los Angeles. CA 90032.
NSF: Standards published by the National Sanitation Foundation. NSF Building,
347.S Plymouth Road, Ann Arbor. Michigan 4810.5.
PS: Producl Standards available from Superintendent of Documents, Government
Printing OlTice, Washington, D.C. 20402.
Noif: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
lion 180.55, Health and Safety Code.
History
1. New Appendix CC-P-2 filed 12-7-79:effectivethirtiethday thereafter (Reeis-
ter79. Nt).49).
Article 3.5.
Special Purpose Commercial
Coaches
i; 4525. Application and Scope.
(a) The provisions of this article relating toconstruetion and fire safety
apply to all special purpo.se commercial coaches, manufactured after
September I, 1979. which are sold or offered for sale, rented or leased
within this state.
(b) The provisions of this article relating toconstruetion and fire safely
apply to the alteration or conversion of any construction or fire safely
equipment or installations in any special purpose commercial coach
bearing or required to bear a department insignia of approval.
(c) The provisions of this article relating to construction and fire safely
apply to the alteration, conversion, addition or change in occupancy of
any consiruclion and fire safety equipment or installations of any special
purpose commercial coach as defined in this article.
(d) In addition to the provisions of this article, the provisions of the
California Administrative Code, Title 17, Chapter 5, Subchapter 2,
Group 1, Article 10, apply to Mobile Food Preparation Units.
Where a person proposes to sell, offer tor sale, rent or lease a special
purpose commercial coach designed as a mobile food preparation unit,
manufactured after the effective date of this article, or where a depart-
ment insignia of approval has not been issued, it will be necessary that
such person obtain written certification from the appropriate local Health
Department or State Department of Health, indicating that the special
purpose commercial coach complies v\ith the applicable provisions of
the California Administrative Code, Title 1 7, Subchapter 2. Group I . .Ar-
licle 10 relating to mobile food preparation units.
NotL; Authority cited: Section 18020. Health and Salely Code. Reference: Sec-
tion 18055. Health and Safety Code.
HLSrOkV
1. New Article 3.5 (Sections 452.5-4536) filed 12-7-79: effective ihiilieih tla>
thereafter (Register 79. No. 49).
§ 4526. Definitions.
HiSIORY
1. Renumbering and amendment consolidating Section 4526 with Section 4004
filed 10-6-88 as an emergency; operative 10-6-88 (Register 88. No. 42). A
Ceilificate of Compliance must be transmitted toOAl, within I20da>soreiiier-
geney language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproveil.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAf. pursuant
to Government Code Section 1 1349.6 (Register 89. No. 11).'
3. Renumbering and amendment consolidating Section 4652 with Section 4004
filed 3-3-89"as an emergency: operative 3-3-89 (Register 89. No. IDA Cer-
tificate of Compliance must be transmitted to OAL within 120 days, b\ 7 3-89.
or emergency language will be repealed.
4. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
§ 4527. Fire Safety.
Multipurpose passenger vehicles, are subject to Federal Standards un-
der the National Traffic and Motor Vehicle Safety Act of 19()6 are ex-
empt from the requirements of these regulations relating to interior finish
name spread limitations.
§ 4528. Exits.
(a) Each special purpo.se commercial coach shall have a minimum of
two exits located remote from each other and so arranged as to provide
a means of unobstructed travel to the outside of the vehicle.
(b) The alternate means of egress shall be located in the side opposite
the main exit door, or the roof, or the rear of the vehicle, with unob-
structed passage of 24" x 24" (61 cm x 61 cm) minimum opening to the
outside.
(c) The bottom of the alternate means of egress shall not be more than
four (4) feet above the vehicle Hoororabovea readily accessible horizon-
tal surface capable of supporting a weight of 300 pounds.
(d)The latch mechanism of any exit facility shall be operable by hand,
and shall not require the u.se of a key or special tool or key for operation
from the inside.
(e) Alternate exits, other than standard doors, shall be labeled with the
word "EXIT" with I " (2. .54 cm) minimum letters on a contrasting back-
ground.
§ 4529. Ceiling Height.
Each special purpose vehicle shall have a minimum ceiling height of
74 inches.
§ 4530. Room Dimensions and Construction.
(a) There shall be a clear, unobstructed height over ihe aisle-way por-
tion of the unit of at least 74 inches ( 188 cm) from floor to ceiling, and
a minimum of 30 inches (76 cm) of unobstructed horizontal aisle space.
(b) Floors, walls, and ceiling of mobile food preparation units shall be
constructed so that the surfaces are durable, impervious, smooth and eas-
ily cleanable. The juncture of the lloors and walls shall be covered with
the floor surface extending up the wall at least 4 inches (10 cm).
(c) Construction joints and seams of mobile food preparation units
shall be sealed to provide durable, smooth and easily cleanable surlaces.
Soldered joints and seams shall be smooth to the touch. Silicone sealant
or equivalent waterproof compounds shall be acceptable for sealing nar-
row seams or crevices which are 1/8 inch (3 mm) or less in width, provid-
ing they are properly applied and they prevent the entrance of liquid or
vermin.
§ 4531 . Glass and Glazed Openings.
The provisions of Article 3, Division I, Section 4371 shall apply to
glass and glazing in all special purpose vehicles.
Page 211
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^ 4532
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 4532. Electrical.
The provisions of Article 3, Division 2. t)rihis subchaplcr. and the fol-
lowing shall apply to electrical equipment and installations ofall special
purpose commercial coaches.
(a) All I 1 5-220 volt electrical wiring in mobile food preparation units
shall be installed in listed electrical conduit.
(b) All ceiling light fixtures in mobile food preparation units shall be
recessed or Hush inounled and sealed and have approved safety covers.
The minimum clearance from the tloor to the light fixture shall be at least
74 inches ( 188 cm) or the fixture shall be installed out of the traffic aisle
or work area.
lank with a minimum capacity of 4.5 gallons ( 170 liters) or shall be de-
signed to be connected to a sewage disposal system.
(f) All tanks, lines, couplings, valves, or any other plumbing in mobile
food preparation units shall be designed, installed, maintained, and con-
structed ol' materials that will not contaminate the water supply, food,
utensils, or equipment.
(g) Water and waste storage tanks in mobile food preparation units
shall be installed so as to be easily drained. Hushed, and cleaned with an
easily accessible outlet. Breather tubes or overflow pipe openings shall
he protected from the entrance of dust, in.sects. and other contamination.
All waste lines shall be connected to the waste tank with watertight seals.
§ 4533. Mechanical.
The provisions of Article 3. Division 3. of this subchapter, shall apply
to mechanical equipment and installations ofall special purpose com-
mercial coaches.
§ 4534. Plumbing.
The provisions of Article 3, Division 4. and the following shall apply
to plumbing equipment and installations ofall special purpose commer-
cial coaches:
(a) At least a two-compartment metal sink equipped with hot and cold
running water with dual integral metal drainboards. installed with at least
1:100 slope toward the sink, and fabricated with a minimum 1/2 inch
( 12.7 mm) lip or rim to prevent the draining liquid from spilling onto the
lloor shall be provided in each mobile food preparation unit. The dimen-
sions of each compartment shall be at least 1 2 inches (30.5 cm ) wide. 30.5
cm (12 inches) long, and 9 inches (22.9 cm) deep. Each drainboard shall
be at least the size of the adjacent sink compartments.
If multi-use eating and drinking utensils are used, the sink shall have
three compartments.
The sink shall be equipped with a mixing faucet and shall be provided
with a swivel spigot capable of servicing any sink compartment.
(b) Hand washing facilities, including a lavatory supplied with hot and
cold running water with a mixing type faucet, hand washing cleanser and
single-service towels in permanently installed dispensers shall be pro-
vided and maintained in each mobile food preparation unit. The lavatory
basin shall have a minimum dimensions of 9" x 9" or (22.9 cm x 22.9
cm) and 5" (12.7 cm) in depth. The hand washing facilities shall be sepa-
rated from the utensil washing sinks by a metal guard, with a height of
at least 3" (76 mm) extending from the back edge of the drainboard to
the front edge of the drainboard. The corners of the barrier shall be
rounded. No separation barrier is required if the distance between the
hand washing sink and the utensil drainboards is at least 2' (61 cm).
(c) An adequate quantity of potable water for food preparation, clean-
ing and handwashing purposes shall be provided in all mobile food prep-
aration units by either an approved self-contained water supply tank hav-
ing a minimum capacity of 30 gallons (1 14 liters) or an approved water
system hook-up. Hose connection valves shall be at least 5 ' (1.5 meters )
above the ground and be kept covered with a protective screw-type cap
which is attached to the vehicle. The hose connection shall consist of a
quick-disconnect device which is compatible with a complementary de-
vice installed on the potable water hose(s) at the point of supply.
The water system shall be of such materials and designed and con-
structed so water or air can be introduced without the water becoming
contaminated. The water system shall deliver at least one gallon (4 liters)
per minute to each sink basin in the unit.
(d) A water heater with a minimum capacity of 3 gallons ( 1 1 liters) or
an instantaneous heater capable of producing water of 120" Fahrenheit
(49 Celsius) interconnected with the potable water supply, shall be pro-
vided in all mobile food preparation units and shall operate independent-
ly of the vehicle engine and/or generator. Hot and cold water, under pres-
sure, shall be provided at hand washing and utensil sinks from mixing
faucets.
(e) All liquid (including melting ice water) waste systems in mobile
food preparation units shall be connected to an approved liquid waste
§ 4535. Ventilation.
Mechanical exhaust ventilation equipment shall be provided over all
cooking equipment to remove cooking odors, smoke, steam, grease and
vapors. The ventilation shall be adequate to provide a reasonable condi-
tion of comfort for employees. Grease filters or other means of grease ex-
traction are required and shall be of steel construction, or other approved
material, and shall be readily accessible for cleaning. Every joint and
seam shall be subsianiially light. No solder shall be used, except for seal-
ing a joint or seam. Every hood shall be so designed and installed to pro-
vide for thorough cleaning of the entire hood. When grease gutters are
provided they shall drain to a collecting receptacle fabricated, designed,
and installed to be readily accessible for cleaning. All ducts in the exhaust
system shall have a slope of at least 1:6. All seams in this duct work shall
be substantially tight to prevent the accumulation of grease. The ducts
shall have sufficienl clean-outs to make them readily accessible for
cleaning. Make-up air shall be provided at the rale of that exhausted. It
may be accomplished from screened service openings, screened vents in
the ceiling, or mechanically through an air-conditioning system, but not
through open doors or openable windows.
§ 4536. Equipment.
All equipment installed in mobile food preparation units shall comply
with the following:
(a) Compressor units that are not an integral part of equipment, auxilia-
ry engines, generators, batteries, battery chargers, gas fueled water heal-
ers, and similar equipment shall be installed so as to be accessible only
from the outside of the vehicle to provide for proper interior vehicle
cleaning, maintenance, and safety.
(b) All equipment shall be so installed as to be easily cleaned, prevent
vermin harborage and provide adequate access for service and mainte-
nance. Equipment shall be spaced apart for easy cleaning or .shall be
sealed together. Food service equipment which is set apart from adjacent
equipment and counters, shelves, walls, panels, or cabinets shall have at
least 10 cm (4 inches) of unobstructed space between the equipment and
adjacent surfaces. Round metal equipment legs of a sanitary design and
at least 10 cm (4 inches) high shall be provided on elevated counter
equipment. Food service equipment shall be secured so as to prevent un-
due movement during transit.
(c) All equipment shall be sealed to the tloor with a metal covered base
to prevent moisture from getting under the equipment or it shall be raised
at least 6 inches (15 cm) off the floor by means of an easily cleanable
round metal leg and foot.
(d) Equipment, including the interior of cabinet units or compart-
ments, shall be constructed so as to have smooth, easily accessible, and
easily cleanable surfaces (free from channels, crevices, flanges, ledges,
sharp or jagged edges, or other cleaning obstructions). Unfinished wood-
en surfaces are not permitted. Food contact surfaces shall be constructed
of metal, high pressure laminated plastics, or laminated hardwood which
are in compliance with NSF Standards. These surfaces must be kept free
of cracks, cuts, and other obstructions which would interfere with proper
cleaning.
(e) Space around pipes, conduits, or hoses that extend through cabi-
nets, floors, or outer walls shall be sealed. The closure shall be smooth
and easily cleanable.
Page 212
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Title 25
Factory-Built Housing and Mobile Homes
i^j 4603
Scrvico ()|X'iiiiigs. Service openings ^hali be limited to 216 square in-
ches ( I 394 sq. cm) each. The ser\ ice oiienings may not be closer l(.)gelher
Ihan 18 inches (40 cm).
They shall be provided with a hinged or sliding closing de\ ice of
screen not less ihan 7 mesh per cm ( 1 6 mesh per inch ) or a solid material.
The ser\ ice opening shall be kept closed when not in actual use.
Article 4. Recreational Vehicles
Subarticle 1. Construction and Fire Safety
$ 4550. Application and Scope.
(a) The provisions ol'this article relating to construction and fire safety
apply to all recreational vehicles manufactured after January 1. 1974.
which are sold or offered for sale, rent or lease within this state except as
[provided in this article. The provisions of this article are also applicable
h) the alteration or conversion of any construction or fire safety equip-
ment or installations in any recreational vehicle bearing or required to
bear a department insignia of approval
(b) Multipurpose passenger vehicles, i.e. moiorhomes, which are sub-
ject to Federal Standards under the National Traffic and Motor Vehicle
Safety Act of 1 966 are exempt from the requirements of these regulations
relating to interior finish flame spread limitations.
(c) Standards for Equipment and Installations. Equipment and instal-
lations conforming to standards specified in this article or to other ap-
prt)ved standards shall be considered acceptable by the department when
listed or labeled and installed in accordance with the requirements of this
article and the conditions of their approval except when otherwise pro-
\ided in this article. All equipment shall be clearly labeled to indicate
compliance with applicable standards.
(d) Construction and Fire Safety. The construction and fire safety re-
quirements for recreational vehicles shall conform to the provisions of
the National Fire Protection Association Standard 501 C-1977 Edition.
Chapter 5. and paragraphs and Sections 5-3. 5-4. 5-4. 1 , 5-4.2, 5-5. 5-5. 1 .
5-5.2. 5-5.3. 5-5.4. 5-5.5. 5-5.6. 5-6. .5-6.2. 5-6.3. 5-6.4. .5-6.5. 5-6.6 and
appendix to Chapter 5. except as otherwise provided by this article.
(e) The following provisions of the National Fire Protection Associ-
ation Standard 50 1 C- 1 977 Edition, are not adopted: Chapter 1 and para-
graphs and Sections 5-1.5-1.1. 5-1.2. 5-2. 5-2.1. 5-2.2. 5-2.3. 5-2.3.1.
5-2.4. 5-4.3 and 5-6.1 of Chapter 5.
HlSlORY
1 . Kepcalcr and new Article 4 (Sections 4.S,'S0-4H()4. not inclusive) tiled 6-9-77;
designated et'tcctivc 9-1-77 (Register 77. No. 24). For prior history see Regis-
ters 71. No. 2.-S; 71, No. 41; 73. No. 36; 73, No. 37; 73. No. 43; 74, No. 3; 74,
No. IX; 74, No. 2.^; 74, No. 41; 75. No. 30; 7.5, No. 48; 76, No. 5; 76. No. 15;
76, No. 3 1 ; 76, No. 37; and 76, No. 4S.
2. Amendineni tiled 4-3-78; eflcclive ihirticth day thereafter (Resister 78, No.
14).
§ 4560. Engine Exhaust Systems.
All combustible material shall be .separated a minimum of one inch
lrt)m all internal combustion engine exhaust systems or shall be effec-
tively insulated from such systems.
§ 4570. Fire Extinguishers.
Section 28060 of the California Vehicle Code provides the following:
28060.-
(a) No person shall sell or offer for sale a new recreational vehicle or
new camper which is equipped with cookini> equipment or heatini> equip-
ment, and no dealer or person holdini> a retail seller's permit shall sell
or offer for sale a used recreational vehicle or a used camper which is
equipped with cooking or heating equipment, unless such lu^w or used ve-
hicle or new or used camper is equipped with at least one fire extinguish-
er, filled and ready for use, of the dry c/iemical or carbon dioxide type
with an aggregate rating of at least 4-B:C units, which meets the require-
nwnts specified in Section IM62 of the Health and Safety Code.
(h) I he opercUor of a recrecuioncil vehicle, or a vehicle to which a
camper is attached, which recreationcd vehicle or camper is ei/uipped
with a fire extinguisher as required h\ subdivision (a), shall carry such
fire extinguisher in such recreational vehicle or camper and shall nuun-
tain the fire extinguisher in an efficient operating condition.
(c) As used in this section:
1 1 ) "Cooking equij)nu'nt " nwans a device designed for cooking which
utilizes combustible material, including, hut not limited to. materials
such as charcoal or any flamnuihle gas or lic/uid. and "heating ec/iiip-
ment" means a device designed for healing which utilizes combustible
material, including, hut not limited to. materials such as cluuroid or any
flammable gas or liquid.
■ Calitbriiia Vehicle Code citation in italics.
§ 4580. Rodent Resistance.
All exterior openings around piping, ducts, plenums, chimneys and
vents shall be sealed to resist the entrance of rodents.
Subarticle 2. Electrical
§ 4600. Application and Scope.
The provisions of this article relating to electrical equipment and in-
stallations apply to all recreational vehicles manufactured after Septem-
ber 1 . 1 958. and sold, offered for sale, rent, ox lease within this State. The
provisions of this article are also applicable to the alteration or conver-
sion of electrical equipment and installations in any recreational vehicle
bearing or required to bear a department insignia of appro\ al.
(a) Standards for Equipment and Installations. Equipment and instal-
lations conforming to nationally recognized standards or to other ap-
proved standards shall be considered acceptable by the department w hen
listed or labeled and installed in accordance with the requirements ol'this
article and the conditions of their approval, except where otherwise pro-
vided in this article. All equipment shall be clearly labeled to indicate
compliance with applicable standards.
(b) Electrical Standards. Electrical equipment and installations in or
on a recreational vehicle shall be installed in accordance with the require-
ments of the National Fire Protection Association Standard 501 C-1977
Edition and the National Electrical Code, 1978 Edition, except Article
551 of the National Electrical Code and otherwise provided by this ar-
ticle.
The following provisions of the National Fire Protection Association
Standard 501 C-1977 Edition are not adopted: paragraphs and sections
4-1,4-1.1.4-1.2. 4-2. 4-2. 1 . 4-2.2, 4-2.3, 4-4. 1 . 4-4.7. 4-6, 4-6. 1 . 4-6.2.
4-6.3. 4-6.4. 4-6.5. 4-7.3.3, 4-7.6.4 and 4-12 of Chapter 4.
NOTH: Aulhoritv cited: Section 18020, Health and Safety Code. Rotcrcnce: Sec-
tion 1 805, Health and Sateiy Code.
Hl.SlORY
1. Amendment filed 4-3-7H; etCcctive thirtieth dav thereafter (Register 78. No.
14).
2. Amendment filed 12-7-79; effective thiniclh dav therealier (Reiiisier 79. No.
49).
§4601. Definitions.
History
1. Repealer filed 4-3-78; effective thirtieth day thereafter (Register 78. No. 14).
§ 4603. Low-Voltage Systems.
(a) Low-Voltage Systems. Low-voltage circuits furnished and in-
stalled by the recreational vehicle manufacturer are subject to this article.
Exception: Vehieleeontainingonlyhatlery circuits of 24 volts or less energy ex-
clusively for the following are not suhject to this article:
(1) Illuminating lights when the vehicle contains no other systems
such as plumbing, heating or electrical over 24 volts.
(2) Circuits supplying running lights, laillights. stoplights, electrical
braking, or vehicle ignition systems,
(b) Recreational vehicle metal chassis or frame may be used as the re-
turn path for exterior lighting circuits. Terminals for connection to the
chassis or frame shall be of the solderless type and approved for the size
Page 213
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S 4605
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
and type of wire used. Mechanical connections to tiie frame or ciiassis
shall be made secure.
HlS'lOf^Y
1. Amendment lllcd 4-^-78; ciTcctivc thirtieth dav thereafter (Register 78. No.
14).
§ 4605. Incandescent Lighting Fixtures, Low-Voltage.
All incandescent low-voltage interior lighting fixtures shall be listed.
This section shall become effeciive September 1, 1978.
History
I, .Amendment tiled 4-.^-78; efteeiive thirtieth day thereafter (Reeister 78. No.
14).
§ 4619. Receptacle Outlets Requiring Ground-Fault Circuit
Protection.
Where provided, each 1 20 volt, single-phase. 1 5 or 20 ampere recep-
tacle outlet shall have ground-fault circuit protection for personnel in the
following locations:
(a) Adjacent to a bathroom lavatory. (The receptacle outlet shall be a
minimum of 30 inches. (762 MM) from the compartment lloor).
(b) Adjacent to any lavatory.
(c) In an area occupied by a toilet, and or shower, or toilet and tub-
shower enclosure. (A receptacle shall not be installed in a bathtub, show-
er or combination bathtub-shower compartment).
(d) On the exterior of the vehicle.
History
1. Amendment tiled 4-.V78; effeciive thirtieth day thereafter (ResiLster 78. No.
14).
§ 4624. Vehicles Wired in Accordance with Section
4-7.4.3, NFPA 501 C-1977, with a Rating in
Excess of 30 Amperes, 115 Volts.
In accordance with Section 4-7.4.3, NFPA 501 C-1977. any recre-
ational vehicle with a rating in excess of 30 amperes. 1 \5 volts, shall use
a listed 40 or 50 ampere, 1 1 5/230 volt power supply assembly conform-
ing to ANSI Standard C73.17 1972 configuration. (See NFPA. 501
C- 1 977, Sections 4-7.9. 1 , 4-7.9.3(d) and 4-7.9.4).
EXCEPTION: Fora dual-suppiv source consisting of a generator and a power-sup-
ply cord, see NFPA 30! C-1977. Section 4-7. s'^
History
1. Amendment filed 4-3-78; elt'ective thirtieth day thereafter (Register 78. No.
14).
§ 4626. Fuel-Fired Engine Driven Generator Units.
(a) Certification. All fuel-fired engine driven generators shall be in-
vestigated and listed in accordance with nationally recognized standards
by an approved testing agency.
(b) Installation. Fuel-fired engine driven generators shall be installed
in accordance with the equipment manufacturers installation instructions
and these regulations. A copy of the installation instructions shall be pro-
vided in the vehicle.
(c) Mounting. Generator units shall be mounted in a manner so that ad-
equate structural support from the vehicle frame, is provided for the
equipment. The equipment shall be secured in place by a method that will
preclude displacement from vibration and road shock.
(d) Compartment Separation. Generator unit comparttnents shall be
designed and installed to provide a vapor-tight separation between the
cotnpartment and the interior living areas of the vehicle.
(e) Compartment Constaiction. Generator unit compartments shall be
constructed of galvanized steel, not less than 0.0299 inch (0.759 mm)
thick. Seams and joints shall be lapped, mechanically secured and inade
airtight to the interior of the vehicle. Alternate materials and methods of
construction may be used if they provide equivalent quality, strength, ef-
fectiveness, fire resistance, durability and safety.
(f) Compartment Penetration. Fuel-fired engine exhaust systems,
fuel-supplies, electrical conduit, cables, conductors and equipment shall
not penetrate any area of the compartment that separates the compart-
ment from the interior of the vehicle. Electrical conduit, cables and con-
ductors penetialing the compartment in areas other than those that sepa-
rate the compartment from the interior of the vehicle, shall be protected
by the use of tight fitting groiTimets.
(g) Coinpartmenl Ventilation. Compartments shall be provided with
ventilation. The type, amount and location of compartment ventilation
shall be provided in accordance with the equipinent manufacturer's in-
stallation instructions.
(h) Exhaust Sysleins. Except as provided by the equipment manufac-
turer's installation instructions, fuel-fired engine exhaust systems shall
be separated a minimum of 1 1/2 inches from any combustible material
or insulated or shielded so that it does not raise the temperature of any
combustible material to tnore than 194" F (90" C).
Exhaust systems shall be provided with an effective spark arrester and
shall not terminate adjacent to the vehicle gasoline filler spout. Exhausts
shall terminate beyond the periphery of the vehicle.
(i) Generator Protection. Generators shall he mounted in a manner to
provide an effective electrical bond to the vehicle chassis. Listed equip-
ment shall be installed to ensure that the current-carrying conductors
from the generator and froin an outside source are not connected to the
vehicle circuits at the same time.
(j) Supply Conductors. Supply conductors from a generator to a junc-
tion box or distribution panelboard shall be of the stranded type installed
in llexible metal conduit or equivalent mechanical protection and shall
have electrical protection provided by appropriately rated and listed cir-
cuit breakers.
NOTE; Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tion 1805.3. Health and Safety Code.
History
1 . Repealer filed 4-3-78; effective thirtieth day thereafter (Register 78. No. 14).
2. New section filed 12-7-79: effective thirtieth dav thereafter (Register 79. No.
49).
§ 4630. Labeling at the Electrical Entrance.
History
1. Repealer filed 4-3-78: elfective thinieth day thereafter (Register 78, No. 14).
Subarticle 3. Mechanical
§ 4665. Application and Scope.
The provisions of this article relating to mechanical equipment and in-
stallations apply to all recreational vehicles manufactured after Septem-
ber 1 , 1 958, and sold, offered for sale, rent, or lease within this State. The
provisions of this article are also applicable to the alteration or conver-
sion of mechanical equipment and installations in any vehicle bearing or
required to bear a department insignia of approval.
(a) Standards for Equipment and Installations. Standards for equip-
ment and installations are listed in Appendix to Chapter 3, NFPA 501
C-1977 Edition: equipment and installations conforming to these stan-
dards or other approved standards shall be considered acceptable by the
department when listed and labeled and installed in accordance with the
requirements of this article and conditions of their approval except as
otherwise provided in this article. All equipment shall be clearly labeled
to indicate compliance with applicable standards.
(b) Mechanical Standards. The mechanical equipment and installa-
tions of recreational vehicles shall conform to the provisions of the Na-
tional Fire Protection Association Standard No. 501 C-1977 Edition,
Chapter 3, and Appendix to Chapter 3, except as otherwise provided by
this article.
(c) The following provisions of the National Fire Protection Standard
No. 501 C-1977 Edition are not adopted: paragraphs and Sections 3-1,
3-1.1, 3-1.2, 3-2, 3-2.1, 3-2.2, 3-2.3, 3-2.4, and 3-6.2.2 of Chapter 3.
NOTE: Authority cited: Section 18055, Health and Safety Code. Reference: Sec-
don 1 8055. Health and Safety Code.
History
1. Amendment of NOTE filed 6-9-11: designated effective 9-1-77 (Register 77.
No. 24).
•
Page 214
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Title 25
Factory-Built Housing and Mobile Homes
MS52
2. Aiiicndmenl filed 4-3-78: ertcctivc thirliLMli dav thereafter (Reaisler 78. Nd.
14).
§ 4670. Labels.
All labels teqiiired by this article, and rel'ereneed in NFPA 50 IC shall
eotiiply with Article 1 . Section 403 I for sizes and type of material.
§ 4680. installation of Appliances.
All fiiel-biiming appliances, except ranges, ovens and illuminating
appliances, shall be designed and installed to provide for the complete
separation of the combustion system I lom the interior atmosphere of the
recreational vehicle. Combustion air inlets and Hue gas outlets shall be
listed or certified as components of the appliance. The required separa-
tion shall be obtained by the installation oi" direct vent system (sealed
combustion system) appliances.
Gas-fired refrigerators shall be designed or installed to provide Ibr the
complete separation of the combustion system from the interior atmo-
sphere ol" the recreational vehicle.
Subarticle 4. Plumbing
§ 4800. Application and Scope.
The provisions of this article relating to plumbing equipment and in-
stallations apply to all recreational vehicles manufactured after Septem-
ber 1 . 1 958, and sold, offered for sale, rent, or lease within this State. The
provisions of this article are also applicable to the alteration or conver-
sion of plumbing equipment and installations in any vehicle bearing or
required to bear a department insignia of approval.
(a) Standards for Equipment and Installations. Standards for equip-
ment are listed in Appendix to Chapter 2, National Fire Protection Asso-
ciation Standard 501 C-1977 Edition. Standards for wall surfacing for
tub and shower enclosures are listed in the Appendix RV-P-1 of this di-
vision. Equipment and installations conforming to these standards or oth-
er approved standards shall be considered acceptable by the department,
when listed or labeled and installed in accordance with the requirements
of this article and the conditions of their approval, except where other-
wise provided in this article. All equipment shall be clearly labeled to in-
dicate compliance with applicable standards.
(b) Plumbing Standards. Plumbing fixtures, equipment and installa-
tions in recreational vehicles shall conform to and be installed in accor-
dance with the provisions of the National Fire Protection Association
Standard No. 501 C-1977 Edition, except as otherwise provided by this
article.
(c) The following provisions of the National Fire Protection Associ-
ation Standard No. 50 1 C- 1 977 Edition, are not adopted." paragraphs and
Sections 2-1.2-1.1,2-1.2, 2-2. 2-2. 1 . 2-2.2. 2-2.3. and 2-2.4 of Chapter
2
History
1. Amendment tiled 4-3-78: effective thirtieth day thereafter (Register 78, No.
14).
Article 5.
Third-Party Approval and
Enforcement
§ 4850. Application and Scope.
(a) The provisions of this article shall apply to third-party entities, in-
spectors employed by third-party entities, and manufacturers of mobile
homes, commercial coaches, special purpose commercial coaches and
recreational vehicles.
(b) The provisions of this article do not apply to design approval enti-
ties, inspection entities, or manufacturers whose activities are subject to
the National Manufactured Housing Construction and Safety Standards
Act. (42 use. Section 5401 et seq.).
(c) This article does not apply to the manufacturers of Factt)ry-Built
Homes, as defined in Health and Safety Code Section 1 997 1 , or to third-
party entities approved under subchapter I of this chapter.
NOTt:; Aiithonty cited: Sections 1 8020 and 1 8030, Health and Safety Code, ket-
eienee: Sections 18013.2, 18020, 18025. 1802.5.3. 18026 and 1803(). Health and
Safety Code.
History
1. New section filed 10-6-88 as an emergency: operative 10-6-88 (Register 88.
No. 42). A Ceilificale of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-3 1-89 was disappro\ed.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 hy OAf, pursuant
to Government Code Section 1 1349.6 (Register 89, No. 1 1 ).
3. New section filed 3-3-89 as an emergency: operative 3-3-89 (Register 89. No.
11). A Certificate of Compliance must he transiiiitled to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance includin«i new subsection (d) transmitted to OAL
6-29-89 and filed 7-24-89 (Register 89. No. 32).
5.Repealerofsubsection(d)filed 12-20-89: operative 1-1-90 (Register 90. No.
4).
§ 4852. Conditions of Approval for a Design Approval
Agency.
In addition to meeting the definition o\' a third-party entity provided
in Health and Safety Code Section 1801 3.2. a Design Approval Agency
shall satisfy all of the following criteria as a condition of approval.
(a) A Design Approval Agency shall employ staff which satisfy the
provisions of Part A of Standard E 541. of the 1986 Annual Book of
ASTM Standards published by the American Society for Testing and
Materials, hereby incorporated by reference. Only such staff shall per-
form the activities of inspecting and approving plans and quality control
manuals.
(b) For the inspection of plans for structural systeins of mobile ht)mes
or commercial coaches, a Design Approval Agency shall employ a staff
engineer(s) registered by the State of California or architect(s) licensed
by the State of California.
(c) A Design Approval Agency shall have the ability to enforce the
provisions of California law and regulations governing the manufacture
of mobile homes, commercial coaches, special purpose commercial
coaches and recreational vehicles.
(d) A Design Approval Agency shall have the ability to submit reports
complying with Section 4880.
(e) A Design Approval Agency shall have the ability to maintain plans
and quality control manuals as well as amendments thereto. This ability
includes such activities as record keeping, storage, retrieval of approved
plans or manuals and maintenance of a system to distinguish and as-
semble currently approved plans or manuals froin those which have been
superseded or cancelled.
(0 A Design Approval Agency shall be free of actual or potential con-
flict of interest and shall not be affiliated with, influenced by. or con-
trolled by any manufacturer of mobile homes, commercial coaches, spe-
cial purpose commercial coaches, or recreational vehicles, or supplier.
(g) An individual applicant for approval as a Design Approval Agency
shall be qualified to receive public benefits pursuant to chapter 5.5 of this
division, beginning with secuon 5802.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: 8
U.S.C. Sections 1621, 1641 and 1642: and Section 1 8020. Health and Salety Code.
History
1. New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88.
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 L349.6 (Register 89. No. 1 1 ).
3. New section filed 3-3-89 as an emergency: operative 3-3-89 (Register 89. No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance including amendment of subsection (b) transmitted
to OAL 6-29-89 and filed 7-24-89 (Register 89. No. 32).
5. New subsection (g) and amendment of NOTt: filed 3-20-98 as an emergency:
operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be
Page 215
Register 99, No. 3; 1 - 15-99
§4854
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
tiansmitled to OAL by 8—4-98 or emergency language will be repealed by oper-
ation of law on the following day.
6. New subsection (g) and amendment of Nori: refiled 8-4-98 as an emergency;
operative 8-4-98 (Register 98. No. 32). A Ceilificate of Compliance jnust be
transmitted to OAL by 12-2-98 or emergency language will be repealed by op-
eration of law on (he following day.
7. Ceilificate of Compliance as to 8-4-98 order transmitted to OAL 12- 1-98 and
filed 1-14-99 (Register 99. No. 3).
§ 4854. Conditions of Approval for a Quality Assurance
Agency.
In additioti to meeting the definition of a third-party entity provided
in Health and Safety Code Section 1 801 3.2, a Quality Assurance Agency
shall satisfy all of the following criteria as a condition of approval.
(a) A Quality Assurance Agency shall employ staff which satisfy the
provisions o\' Part B of Standard E 541. of the 1986 Annual Book of
ASTM Standards published by the American Society for Testing and
Materials, hereby incorporated by reference. Only such staff shall per-
form inspections and monitoring activities.
(b) A Quality Assurance Agency shall employ Quality Assurance In-
spectors approved by the department to perform inspections and moni-
toring activities.
(c) A Quality Assurance Agency shall have the ability to inspect rno-
bile homes, commercial coaches, special purpose commercial coaches
and recreational vehicles and to monitor quality control programs for
compliance with California law and regulations, approved plans and
quality control manuals, and to secure compliance.
(d) A Quality Assurance Agency shall have the ability to submit re-
ports complying with Section 4880.
(e) A Quality Assurance Agency shall be free of actual or potential
conflict of interest and shall not be affiliated with, influenced by. or con-
trolled by any manufacturer of mobile homes, commercial coaches, spe-
cial purpose commercial coaches, or recreational vehicles, or supplier.
(f) An individual applicant for Quality Assurance Agency approval
shall be qualified to receive public benefits pursuant to chapter .5.5 of this
division, beginning with section 5802.
NOTE: Authority cited: Section 18020. Health and Safety Code. Reference: 8
U.S.C. Sections 1621, 1641 and 1642; and Section 18020, Health and Safety Code.
History
1. New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1349.6 (Register 8, No. 11).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 ] ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
5. New subsection (f) and amendment of Note filed 3-20-98 as an emergency;
operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance mast be
transmitted to OAL by 8-4-98 or emergency language will be repealed by oper-
ation of law on the following day.
6. New subsection (f) and amendment of NOTi; 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 op-
eration of law on the following day.
7 . Certificate of Compliance as to H-4-98 order tvansmitled to OAL \ 2-1 -98 and
filed 1-14-99 (Register 99. No. 3).
§ 4856. Conditions of Approval for a Quality Assurance
Inspector.
A Quality Assurance Inspector shall meet all of the following criteria
as a condition of approval.
(a) A Quality Assurance Inspector shall meet the provisions for Com-
pliance Assurance Inspectors of Section 14, of Part B. of Standard E 54 1
of the 1986 Annual Book of ASTM Standards published by the American
Society for Testing and Materials, hereby incorporated by reference.
(b) A Quality Assurance Inspector shall have the ability to inspect and
monitor quaUty control programs for compliance with approved plans.
quality control manuals and California law and regulations regarding
mobile homes, commercial coaches, special purpose commercial
coaches and recreational vehicles.
(c) A Quality Assurance Inspector shall have the ability to prepare in-
spection reports describing observed violations, coireclive action and
inaking appropriate references to the plans, quality control iTianuals, Cal-
ifornia law or regulations and incorporated documents.
(d) A Quality Assurance Inspector shall be free of actual or potential
conllict of interest and shall not be affiliated with, influenced by or con-
trolled by any manufacturer of mobile homes, commercial coaches, spe-
cial purpose cotTunercial coaches, or recreational vehicles, or supplier.
(e) An individual applicant for approval as a Quality Assurance In-
spector shall be qualified to receive public benefits pursuant to chapter
5.5 of this division, beginning with section 5802.
NOTF: Authority cited: Section 18020, Health and Safety Code. Reference: 8
U.S.C. Sections 1621, 1641 and 1642: and Section 18020, Health and Safety Code.
History
1 . New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1349.6 (Register 89, No. 11).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
5. New subsection (e) and amendment of NotI: filed 3-20-98 as an emergency;
operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be
transmiued to OAL by 8^4-98 or emergency language will be repealed by oper-
ation of law on the following day.
6. New subsection (e) and amendment of Note refiled 8^-98 as an emergency;
operative 8^-98 (Register 98, No. 32). A Certificate of Compliance must be
transmitted to OAL by 1 2-2-98 or emergency language will be repealed by op-
eration of law on the following day.
7. Certificate of Compliance as to 8-4-98 order transmitted to OAL 12-1-98 and
filed 1-14-99 (Register 99, No. 3).
§ 4858. Application for Design Approval Agency and/or
Quality Assurance Agency Approval.
(a) An applicant for approval to perform as a Design Approval Agency
and/or Quality Assurance Agency pursuant to this article shall make
application to the department using HCD-MH 470 Application for De-
sign Approval Agency and/or Quality Assurance Agency Approval,
dated May 1 989 and provided by the department. The applicant shall pro-
vide the following information:
(1) Indication of whether the application is for an original approval,
approval renewal or supplemental approval of a Design Approval
Agency and/or Quality Assurance Agency.
(2) The firm and corporate name, business and mailing address and
telephone number(s) of the applicant.
(3) Indication of whether the ownership structure is composed of ei-
ther an individual, partnership or corporation.
(4) The name and title of the individual owner, or the names and titles
of all partners, or the names and titles of all officers, directors and major
stockholders within the corporation.
(5) Identification of any individual owner, partner(s), officer(s), direc-
tor(s) and major stockholder(s) who will participate in the management
or supervision of activities pursuant to this article.
(6) On a separate attachment entitled, "Organization," the following
information as applicable:
(A) In descending order of responsibility, the names, titles and respon-
sibilities of all directors, supervisors, managers, architects, engineers,
technical staff. Insignia Administrator and Quality Assurance Inspectors
within the organization who are responsible for the activities to be per-
formed pursuant to this article. An organization chart may be attached,
if appropriate.
(B) For Design Approval Agency apphcants, the name(s) and Califor-
nia license number(s) of the architect(s) or the California registration
Page 216
Register 99, No. 3; 1-15-99
Title 25
Factory-Built Housing and Mobile Homes
HS62
nuiiihei"(s) oflhc onginccr(s) who will perform the inspeclion of plans for
slriiclLiral systems of mobile homes orcommereial coaehes as speeified
in Section 4852(b).
(C) For Quality Assurance Agency applicants, the name(s) and depart-
ment approval numher(s) of each Quality Assurance Inspector who will
perform inspectit)ns and monitoring activities as specified in Section
4854(b).
(7) On a separate attachment entitled. "'Qualirications," a detailed ex-
planation of the applicant's business activities and how the applicant
meets the requirements of Section(s) 4852(a). (c). (d) and (e) and/or
4854(a). (b), (c) and (d).
(8) Attached resumes detailing the education, training and experience
for directors, supervisors, managers, engineers, architects, technical
staff. Insignia Administrator and Quality Assurance inspectors who have
not been approved by the department.
(9) For Quality Assurance Agency applicants, on a separate attach-
menl entitled, "Insignia Administration and Security Procedures," a de-
tailed explanation of the procedures to carry out insignia administration
and security procedures as required in Section 4882.
( 10) The typed or printed name and .signature of the individual owner
or the typed or printed name and signature of all partners or the typed or
printed name and signature of all major stockholders, officers and direc-
tors, and the typed or primed name and signature of all managers, super-
visors, architects, technical staff, engineers. Insignia Administrator and
Quality Assurance Inspectors on form HCD-MH 471 , Absence of Con-
llict of Interest Statement, dated May 1989, and provided by the depart-
ment, certifying under penalty of perjury to the absence of any conflict
ol interest, potential for a conflict of interest, or any collusive or fraudu-
lent practices as specified in Section 4872. The individual owner or the
partners or the major stockholders, officers and directors and the manag-
ers, supervisors, architects, technical statT. engineers. Insignia Adminis-
trator and Quality Assurance Inspectors shall also include the date,
county and state that certification was executed.
(11) The signature and typed or printed name of the highest ranking
olTicer of the ownership certifying under penalty of perjury to the accura-
cy of the information provided.
( 1 2) The date, county and state that certification was executed.
(b) If additional space is required to list all partners, officers, directors
and major stockholders in an ownership structure, and identification if
they will participate in the management or supervision of activities pur-
suant to this article, the applicant shall indicate that .such a list is attached
to form HCD-MH 470 Application for Design Approval Agency and/or
Quality Assurance Agency Approval, dated May 1989 and provided by
the department.
(c) Form HCD-MH 471 Absence of Conflict of Interest Statement,
dated May 1 989 shall be attached to form HCD-MH 470 Application for
Design Approval Agency and/or Quality Assurance Agency Approval,
dated May 1989.
(d) The applicant shall present other documentation necessary to de-
termine the applicant's eligibility to receive public benefits pursuant to
chapter 5.5 ol this division, beginning with section 5802.
(e) The application shall be accompanied by the fee specified in Sec-
tion 4884(a) and/or 4884(b) for an Application for Design Approval
Agency and/or Quality Assurance Agency Approval.
Noit:: Authority cited: Section 18020. Health and Safety Code. Reference: 8
U.S.C. Sections "1621, 1641 and 1642; and Sections 18013.2, 18020 and 18031.
Health and Safety Code.
History
1 . New .Section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1349.6 (Register 89, No. 1 1 ).
3. New section filed 3-3-89 as an emergency; operative .3-3-89 (Register 89, No.
1 1 ). A Certificvite of Compliance must be transmitted to OAL within 1 20 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate ol' Compliance inckidins amendment iransmiiied to OAL 6-2M S*-)
and filed 7-24-89 (Register 89. No. 32).
5. New subsection (d). subsection leletienng and amendnieni of Non filed
3-20-98 as an emergency; operative 4-6-98 (Register 98. No. 12). A Certifi-
cate of Compliance must be iransmitled to OAL by 8-4-98 or emergency lan-
guage will be repealed by operation ot law on the following day.
6. New subsection (d), subsection relettcring. and amendmenl ol Noil rellled
8-4-98 as an emergency, including amendmenl of subsection (a)(7): operative
8-4-98 (Regisler98. No. 32). A Certificate of Compliance miisl he iransmiiied
to OAL by 1 2-2-98 or emergency language will be repealed by opcraiion t)f law
on the following day.
7. Certificate of Compliance as to 8—4-98 order, including amendmenl ol subsec-
tion (d), transmitted to OAL 12-1-98 and Hied 1-14-99 (Register W. No. 3).
§ 4860. Application for Quality Assurance Agency
Approval.
No if:: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tions 18013.2. 18020 and 18031. Health and Safety Code.
History
1. New section filed 10-6-88 as an emergency: operative IO-6-8S (Register 88.
No. 42). A Certificate of Compliance must be transmitted (o OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL i-3 1-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 134^9.6 (Register 89. No. 11).'
3. New section tiled 3-.3-89 as an emergency; operative 3-3-89 (Register 89. No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20 days,
by 7-3-89. or emergency language will be repealed.
4. Certificate of Compliance including repealer of Section 4860 transmitted to
OAL 6-29-89 and filed 7-24-89 (Register 89, No. 32).
§ 4862. Application for Quality Assurance Inspector
Approval.
(a) An applicant for approval to perform as a Quality Assurance In-
spector shall apply to the department using HCD-MH 469 "Application
for Quality Assurance Inspector Approval," dated May 1989 and pro-
vided by the department. The applicant shall provide the following infor-
mation:
( 1 ) Indication of whether the application is for a Quality Assurance In-
spector original approval or approval renewal.
(2) The name, business address and telephone number of the applicant.
(3) Indication of whether the applicant is currently einployed or will
be employed by the Quality Assurance Agency upon approval by the de-
partment.
(4) The name, address and telephone number of the Quality Assurance
Agency employing or to employ the applicant.
(5) An attached resume detailing the education, training and experi-
ence of the applicant which demonstrates how he or she meets the re-
quirements of Section 4856.
(6) The typed or printed name and signature of the applicant on form
HCD-MH 471, Absence of Conflict of Interest Statement, dated May
1989 and provided by the department, certifying under penalty of perjury
to the absence ofany conflict of interest, potential foraconllictoiinterest
or any collusive or fraudulent practices as specified in Section 4872. The
applicant shall also include the date, county and state that certification
was executed.
(7) The typed or printed name and signature of the applicant certifying
under penalty of perjury to the accuracy of the information provided.
(8) The date, county and state that certification was executed.
(b) Form HCD-MH 471 Absence of Conllict of Interest Statement,
dated May 1989 shall be attached to form HCD-MH 469 Application for
Quality Assurance Inspector Approval dated May 1989.
(c) The application shall be accompanied by the fee specified in Sec-
tion 4884(c) for an Application for Quality Assurance Inspector Approv-
al.
(d) The applicant shall present documentation necessary to determine
the applicant's eligibility to receive public benefits pursuant to chapter
5.5 of this division, beginning with section 5802.
NOTE; Authority cited: Section 18020. Health and Safely Code. Relerencc: 8
U.S.C. Sections 1621. 1641 and 1642; and Sections 18013.2. 18020 and \8031.
Health and Safety Code.
Page 217
Register 99, No. 3; 1 - 1 5 - 99
§4864
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1 . New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88.
No. 42). A Certificate ol Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-.1I-89 was disapproved.
Order ol" Repeal of 10-6-8H emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1.^49.6 (Register 89, No. 1 1 ).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 ( Register 89. No.
I I ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance includine amendment transmitted to OAL 6-29-89
and filed 7-24-89 (Register 89, No. 32).
5. New subsection (d) and amendment of Noti filed 3-20-98 as an emergency;
operative 4-6-98 (Register 98, No. 12). A Ceilificate of Compliance must be
transmitted to OAL by 8-4-98 oremergency language will be repealed by oper-
ation of law on the following day.
6. New subsection (d) and amendment of NoTt; refiled 8-4-98 as an emergency;
operative 8^-98 (Register 98, No. 32). A Certificate of Compliance must be
transmitted to OAL by 12-2-98 oremergency language will be repealed by op-
eration of law on the following day.
7. Certificate of Compliance as to 8-4-98 order, including amendment of subsec-
tion (d), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
§ 4864. Application Processing Time for Original, Renewal
and Supplemental Approval.
(a) Within 15 calendar days of receipt of an application pursuant to
Section 4858, 4862, 4866(f) or 4868 of this subchapter, the department
shall inform the apphcant in writing that it is either complete and accept-
able for filing or that it is deficient and what specific information or docu-
mentation is required to coinplete the application. An application is con-
sidered complete if it is in compliance with the provisions of either
Section 4858. 4862, 4866(f) or 4868 of this subchapter, as applicable.
(b) Within 60 calendar days from the date of filing of a completed
application, the department shall inform the applicant in writing of its de-
cision regarding the application.
NoTE: Authority cited: Section 15376, Government Code; and Section 18020,
Health and Safety Code. Reference: Section 15376. Government Code: and Sec-
tion 18020, Health and Safety Code.
History
1 . New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88.
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Secfion 1 1349.6 (Register 89, No. 11).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 ( Register 89, No,
1 1 ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance includine amendment of subsection (a) transmitted
to OAL 6-29-89 and filed 7-24-89 (Register 89, No. 32).
§ 4866. Required Reporting of Name, Address, Ownership
and Staff Changes.
(a) A third-party entity shall report all business name and address
changes and a Quality Assurance Inspector shall report all name and ad-
dress changes to the department no later than ten ( 1 0) days after the effec-
tive date of such change. Each report shall be accompanied by the fee spe-
cified in Section 4884(g) or (h), whichever is applicable.
(b) Whenever a person within the ownership of a third-party entity ter-
ininates ownership interest, the third-party entity shall report such
change to the department in writing, no later than ten (10) days after the
effective date of the change. No fee shall be required.
(c) Whenever the third-party entity terminates the employment of a
person who was performing as a director, engineer, architect, inspector
or insignia administrator, regardless of the cause, the third-party entity
shall report such change to the department in writing, no later than ten
(10) days after the effective date of the change. No fee shall be required.
(d) Whenever a third-party entity changes the responsibilities of any
director, manager, engineer, architect, inspector, or insignia administra-
tor, the third-party entity shall notify the department in writing no later
than ten ( 10) days after the effective date of the change. No fee shall be
required.
(e) Whenever a person is added to the ownership of a third-party enti-
ty, the third-party entity shall notify the departtnent of the change by fil-
ing a new application pursuant to Section 4858, The new application may
make reference to valid information and statements contained in original
applications on file with the department. The application shall be trans-
mitted to the department no later than ten ( 1 0) days after the effective date
of the change. No fee shall be required.
(f) Whenever a third-party entity acquires a new employee to perform
as a director, inanager engineer, architect, technical staff inspector or in-
signia administrator, the third-party entity shall notify the department by
filing a new application for suppletnental approval pursuant to Section
4858. The new application may make reference to valid information and
statements contained in original applications on file with the department.
The application shall be transmitted to the departtnent no later than ten
( 1 0) days after the effective date of the change. No fee shall be required.
(g) If following receipt of a notice or application pursuant to subsec-
tions (b) (c) (d) or (f) above, the department determines that third-party
entity no longer meets the conditions of approval, the third-party entity
shall submit a new application pursuant to Section 4858,
NOTf: Authority cited: Section 18020. Health and Safety Code. Reference: Sec-
tion 18020, Health and Safety Code.
History
1. New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed on 2-.3-89.
2. The Certificate of Comphance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Secfion 1 1.349.6 (Register 89, No. 11).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance including amendment of subsecUons (b)-(g) traas-
mitted to OAL 6-29-89 and filed 7-24-89 (Register 89. No. 32).
§ 4868. Approval Expiration and Renewal.
(a) The approval as a Design Approval Agency and/or Quality Assur-
ance Agency or Quality Assurance Inspector shall expire on the last day
of the thirty-sixth month following the month of issuance.
(b) A Design Approval Agency and/or Quality Assurance Agency
seeking renewal of the department's approval shall inake application us-
ing HCD-MH 470 Application for Design Approval Agency and/or
Quality Assurance Agency Approval dated May 1989 and provided by
the departtnent. The application shall be accompanied by the Design Ap-
proval Agency Approval and/or Quality Assurance Agency Approval re-
newal fees specified in Section 4884(d) and/or Section 4884(e), The
applicant shall provide the information required by Section
4858(a)(l)(2)(3)(4)(5)(6)(A) and (B) and/or (C) and (8)(9)(10)(1 1)(12)
and (b) as appropriate,
(c) A Quality Assurance Inspector seeking renewal of the depart-
inent's approval shall make application using HCD-MH 469 "Applica-
tion for Quality Assurance Inspector Approval" dated May 1989 and pro-
vided by the department. The application shall be accompanied by the
Quality Assurance Inspector Approval renewal fee specified in Section
4884(1"). The applicant shall provide the information required by Section
4862 (a)(l)(2)(3)(4)(6)(7) and (8).
(d) Renewal applications shall be transmitted to the department at least
ninety (90) days prior to the expiration date,
NOTE: Authority cited; Section 18020. Health and Safety Code. Reference: Sec-
tion 18020, Health and Safety Code.
History
1 . New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transnutted to OAL 1-31-89 was disapproved.
Order of Repeal of 1 0-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1 349.6 (Register 89, No. 1 1 ).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance mu,st be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance including amendment transmitted to OAL 6-29-89
and filed 7-24-89 (Register 89, No. 32).
Page 218
Register 99, No. 3; 1 - 1 5 - 99
Title 25
Factory-Built Housing and Mobile Homes
S4872
§ 4870. General Operating Procedures and Requirements.
(a) Each Design Approval Agency and Quality Assurance Agency
shall maintain current copies of the California law and regulations, in-
cluding any documents incorporated by reference, which are applicable
to the manufacture of mobile homes, commercial coaches, special pur-
pose commercial coaches, and recreational vehicles.
(b) Each Quality Assurance Inspector shall have applicable California
laws, regulations, documents incorporated by reference, approved plans
and manuals readily available on the premises while conducting inspec-
lions or monitoring quality control programs.
(c) The Design Approval Agency or Quality Assurance Agency shall
prepare a written report of any unresolved dispute between a manufactur-
er and the agency when it pertains to the requirements of California
Health and Safety Code, division 1 3. part 2. or this subchapter. The report
shall be transmitted to the departmenl no later than the tenth day after the
unresolved dispute occurred.
(d) The date of transmittal of reports, applications and notices will be
the postmarked date issued by the U.S. Postal Service, the date received
by private delivery services, or the date when delivered to the department
by the third-party entity.
(e) All reports and notices shall be signed by a representative of the
third-party entity who certifies under penalty of perjury to the accuracy
of the information provided.
NOTE: Aiithoritv cited: Section 18020. Health and .Safety Code. Reference: Sec-
tion 18020. Health and Safety Code.
Hi. STORY
I. New section filed ]0~6-88 as an emergency: operative 10-6-88 (Register 88.
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-.^-89.
2. The Certificate of Compliance transmitted to OAL l-,^l-89 was disapproved.
Order of Repeal of 10-6-88 ejiiergency order iiled .^-2-89 by OAL jiursuant
to Government Code section 1 LM9.6 (Register 89. No. 1 1 ).
3. New section filed ,^-.^-89 as an emergency; operative .^-^-89 (Register 89. No.
1 1 ). A Certificate of Compliance must be transmitted to OAL u ithin 1 20 tiays.
by 7-.^-89. or emergency language will be repealed.
4. Cenillcate of Compliance transmitted to OAL 6-29-89 and tiled 7 24-89
(Register 91. No. 32).
.^. Repealer of subsection (d) and renumbering of subsections (e) and ( f) to (d) and
(el filed 6-10-91 ; operative 7-10-91 (Regi.sler 91. No. 34).
§ 4872. Conflict of Interest, Collusion and Fraud.
(a) A third-party entity shall be considered free of any conilicts of in-
terest, affiliation, inlluence. and control when in compliance with the l\)l-
lowing criteria:
(1 ) It has no ownership or managerial affiliation with any supplier ov
manufacturer of mobile homes, commercial coaches, special purpose
comtnercial coaches, or recreational vehicles and does not engage in the
sale or protnotion of any such unit.
(2) The results of its work do not accrue financial bencllis to the orga-
nization via stock ownership in any supplier or manufacturer of tnobilc
homes, commercial coaches, special purpose commercial coaches, or
recreational vehicles.
(3) Its owners, directors, management personnel, engitieers. architects
or inspectors hold no ownership or stock in and receive no slock opihm
from any supplier or manufacturer of mobile homes, cotntnercial
coaches, special purpose cotnmercial coaches, or recreational vehicles.
[The next page is 219.]
Page 218.1
Register 99, No. 3 ; I - 1 5 - 99
Title 25
Factory-Built Housing and Mobile Homes
{J4X78
(4) The employ incni suiiiis of its personnel is Tree ofintluence orcon-
iu)l by any supplier or nianLilacturer of mobile homes, commercial
coaches, special pmpose commercial coaches, or recreational vehicles.
{5 ) it does not perform as a Design Approval Agency for any manufac-
lurer whose plans, designs or manual have been created or prepared in
whole or in pari by a member of the agency's staff or by a member of the
staff of any affiliated organization.
( b) No member of a third-party entity shall take part in any act of collu-
sion or other fraudulent practice with a supplier or manufacturer of mo-
bile homes, commercial coaches, special purpose commercial coaches,
or recreational vehicles.
(c) Each third-party entity and Quality Assurance Inspector shall pro-
vide the department with a written report of any contract or agreement,
written or oral, w ith a manufactiuer who is subject to this subchapter, for
any service which is in addition (o services provided by contract under
(his article. Such reports shall be transmitted to the department no later
than ten ( 10) days after the effective date of the contract or agreement.
Non:; Autht)rilv ciiecJ: Section 18020. Health and Safety Code. Reference; Sec-
tions I8()l.v2 and 18020, Health and Sately Code.
H I.STORY
1. New section tiled 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
says or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed .3-2-89 by OAL pursuant
to Govcrnmenl Code Section II 349.6 (Register 89, No. 1 1 ).
3. New section filed .3-.V89 as an emergency; operative 3-3-89 (Register 89. No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89. or eiriergency language will be repealed.
4. Cenif/cale of Compliance iransiDitled to OAL 6-29-89 and tiled 7-24-89
(Register89. No. 32).
§ 4874. Contract Requirements.
(a) Third-party entities and manufacturers shall execute written con-
tracts describing all services to be rendered by the third-party entity pur-
suant to this article. A copy of each contract or amendment shall he trans-
mitted by the third-party entity to the departinent no later than ten (10)
days after the effective date. The department shall disapprove any con-
tract in violation of the Health and Safety Code, Division 1 3, Part 2, Sec-
tion 18000 et seq., or this article.
(b) Within ten (10) days of the cancellation of a contract, the third-par-
ty entity shall transmit to the department a written notice of the cancella-
tion and of the circumstances which led to the cancellation. Whenever the
department determines that the cause for a manufacturer's cancellation
of a contract with a third-party entity is related to enforcement actions
taken by the third-party entity to assure compliance with the Health and
Safety Code, Division 13, Part 2, or this subchapter, the departinent shall
monitor the inspections or plan approvals pursuant to any new contracts
executed by the manufacturer and other third-party entities.
(c) No contract between a Quality Assurance Agency and a manufac-
turer for inspections of units manufactured in California shall violate the
provisions of Section 4870(d).
(d) A contract executed between a manufacturer and a Quality Assur-
ance Agency shall require the manufacturer to provide the Quality Assur-
ance Agency with a written report by at least the tenth day of each month,
which contains the information necessary for the Quality Assurance
Agency to comply with Section 4880(d).
NO'IH: Authority cited; Section 18020. Health and Safety Code. Reference; Sec-
tion 18020. Health and Safety Code.
History
1. New section tiled 10-6-88 as an emergency; operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-^-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1 34^9.6 (Register 89, No. 1 1 ).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20 days,
by 7-.3-89. or emergency language will be repealed.
4. Ceilificate of Compliance including amendment of siib.section (d) Iransmiiletl
to OAL 6-29-89 and filed 7-24-89 (Register 89. No. 32).
§ 4876. Design Approval Procedures and Requirements.
(a) Plans approved by the department prior to the effective dale of ihis
article shall remain valid until expiration as provided in this subchapter.
All plans and manual approval shall expire on the last day of the filleenlh
month following the month of the approval by the Design Appro\al
Agency. The Design Approval Agency shall provide for the renewal of
expiring plans and manuals which comply with the requiremcnls of this
subchapter.
(b) The requirements of Section 4017 regarding the si/c and contents
of drawings shall apply to plans submitted to a Design Approval Agency.
(c) Upon approval of a plan or quality control manual, the Design .Ap-
proval Agency shall issue a unique plan approval number for each plan
or manual. The plan approval number shall be prefaced by an identifica-
tion given the agency by the department. Each page of an approved plan,
each page of an ainendment. and each manual cover, shall be marked or
stamped with the word "Approved," along with the name of the Design
Approval Agency, the date of approval, the date of expiration and the
plan approval number.
The Design Approval Agency shall transmit complete copies of plans,
amendments or manual bearing the approval mark to the manufacturer
within ten ( 10) days of the approval date.
(d) When typical system approvals are used as provided in SectitJiis
4015(b) and 4016, the Design Approval Agency shall require the man-
ufacturer's plans to contain a systein of indexing which eliminates confu-
sion as to the applicability of typical systems throughout the manutactur-
er's plans.
(e) The Design Approval Agency shall require an approved plan or
manual to be amended in such a manner that all superseded information
is removed from the plan or manual which hears the agency's mark of
approval. The Design Approval Agency shall require the manufacturer
to provide written instructions which explain how to update the original
plan or manual by the insert of the amendment or removal of superseded
pages.
(f) The Design Approval Agency shall maintainacopy of all approvals
for a period of three (3) years beyond their expiration.
NOTE: Authority cited; Section 18020, Health and Safety Code. Reference: Sec-
tions 18020 and 18025, Health and Safety Code.
History
J. New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88.
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-3 1-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1 349.6 (Register 89, No. II).'
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Regisier 89.
No.l 1 ). A Certificate of Compliance must be transmitted to OAL within 120
days, by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance transirutted to OAL 6-29-89 and filed 7-24-89
(Register 89, No. 32).
§ 4878. Inspection Method and Frequency.
(a) A Quality Assurance Agency shall inspect a manufacturer's pro-
duction at the location of production. For units designed and approved
for final construction (exteriorroof or wall materials for example) by the
manufacturer at a location other than at the manufacturing facility, the
Quality Assurance Agency shall perform an additional inspection of the
final construction exclusive of work performed for the installation for oc-
cupancy.
(b) Upon discovery of any violation of the Health and Safety Code, Di-
vision 13, Part 2. Section 18000 et seq., or this subchapter, the Quality
Assurance Agency shall verify by in.spection the satisfactory correction
or elimination of the violation. If correction of the violation cannot be
verified at the time of inspection, the agency shall so state in the inspec-
tion report required by Section 4880 and require the affected unit(s) held
for reinspection at the manufacturing facility. The agencies report of the
reinspection shall describe the reinspection and correction of the viola-
tion.
Page 219
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§4880
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) In order to certify a manufacturing facility, a Quality Assurance
Agency shall inspect pursuant to subsection (e) no less than the first five
(5) units while under construction. Such inspections shall continue until
the manufacturer has demonstrated the ability to consistently manufac-
turer units in compliance with the law and this subchapter as a result of
an effective quality control program prescribed in an approved quality
control manual. At such time, the Quality Assurance Agency shall trans-
mil to the department a Certification Report which complies with the pro-
visions of Section 4880(e) and the inspection frequency shall be reduced
as prescribed in subsection (f) or (g) of this section, whichever is applica-
ble.
(d) For special purpose commercial coaches and recreational vehicles
being manufactured without plan approval, the Quality Assurance
Agency shall inspect each unit while under construction including all
systems, components, equipment and installations subject to this sub-
chapter, and shall witness all tests required by this subchapter prior to is-
suance of a California insignia.
(c) For units produced in manufacturing facilities which are not certi-
fied, the Quality Assurance Agency shall inspect each system, compo-
nent, equipment and installation at each stage of assembly, and shall wit-
ness all tests required by this subchapter.
(f) For certified mobile home and commercial coach manufacturing
facilities, the Quality Assurance Agency shall monitor compliance with
approved plans by inspecting all visible portions of each system, compo-
nent, equipment and installation subject to this subchapter, of each mo-
bile home or commercial coach which will be issued California insignia.
During each inspection visit, a Quality Assurance Agency shall moni-
tor the manufacturer's compliance with material storage, inspection and
testing procedures prescribed in an approved quality control manual, and
shall monitor the quality control procedures at each of the manufacturer's
production stations.
(g) For certified special purpose commercial coach and recreational
vehicle manufacturing facilities, the Quality Assurance Agency shall
monitor compliance with approved plans by inspecting all visible por-
tions of each system, component, equipment and installations for at least
ten (10) percent of the manufacturer's production subject to this sub-
chapter.
During each inspection visit, a Quality Assurance Agency shall moni-
tor the manufacturer's compliance with material storage, inspection and
testing procedures prescribed in an approved quality control manual and
shall monitor the quality control procedures at each of the manufacturer's
production stations.
(h) When the manufacturer is found to be failing to follow the plan or
quality control manual, a Quality Assurance Agency shall increase the
intensity and frequency of inspections until such time that the agency is
satisfied that the manufacturer is producing complying units on a consis-
tent basis.
(i) A Quality Assurance Agency shall recommend to the department,
cancellation of the certification when the increased inspections required
by subsection (h) reveal that a manufacturer continues to fail to comply
with the quality control manual, plans, or otherwise produces noncom-
plying units. The recommendation shall be accompanied by the inspec-
tion reports specified in Section 4880(c) and any other documentation of
actions taken to improve the manufacturer's compliance. The depart-
ment shall notify the manufacturer of the recommendation and provide
an opportunity for the manufacturer to submit and be heard with oppos-
ing information before the department makes a decision to cancel the cer-
tification.
(li) A Quality Assurance Agency shall recommend to the department,
cancellation of the certification of any manufacturing facility which relo-
cates, changes production sequences, changes key personnel, or intro-
duces new designs which result in a failure to comply with the approved
plans or quality control manual. The recommendation and departmental
action shall be the same as specified above in subsection (i).
(k) When a certification has been cancelled, the Quality Assurance
Agency shall conduct inspections as specified in subsection (e).
(/) For the purposes of this section, a manufacturing facility with plan
approvals and quality control manuals in effect on the effective date of
this article is considered to have been certified by the department and is
not in need of recertification by a Quality Assurance Agency.
(Ill) A Quality Assurance Agency shall not disapprove or in any way
interfere with the production of units produced in accordance with plans
and quality control manuals approved by the department or the manufac-
turer's Design Approval Agency. When a Quality Assurance Agency be-
lieves an approved plan is in violation of the Health and Safety Code. Di-
vision 13, Part 2, or this Subchapter, the Quality Assurance Agency shall
submit a written request for reconsideration of the approval to the man-
ufacturer and the manufacturer's Design Approval Agency. The Quality
Assurance Agency shall provide a copy of all such requests for reconsid-
eration as an attachment to the Agency's monthly report specified in Sec-
tion 4880(b).
If the subject of a request for reconsideration is not resolved to the sat-
isfaction of the Quality Assurance Agency within thirty (30) days of the
request, the agency shall refer the matter to the department for resolution.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 1S020, 1802,'S and 1H026, Health and Safety Code.
History
1 . New section filed 10-6-88 as an emergency: operative 10-6-88 (Register 88.
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 134^9.6 (Register 89, No. 1 1 ).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance including amendment of subsections (c), (i) and (m)
transmitted to OAL 6-29-89 and filed 7-24-89 (Register 89, No. 32.).
§ 4880. Activity Reports Requirements.
(a) By the fifteenth day of each month and on form HCD-MH 472 De-
sign Approval Agency Monthly Activity Report, dated September 1988
and provided by the department, a Design Approval Agency shall pre-
pare and transmit to the department the following information for each
client manufacturer served in the previous month:
( 1 ) The Design Approval Agency name, address, agency number and
telephone number.
(2) The reporting month and year.
(3) The date that the report was prepared.
(4) The name and identification number of the manufacturer.
(5 ) Identi fication of whether the type of unit produced by the manufac-
turer is a mobile home, commercial coach, special purpose commercial
coach or recreational vehicle.
(6) The number of mobile home, coinmercial coach, recreational ve-
hicle and special purpose commercial coach plans, plan amendments,
manuals and manual amendments approved.
(7) The number of mobile home, commercial coach, recreational ve-
hicle and special purpose coinmercial coach plans, plan amendments,
manuals and manual amendments rejected.
(8) The subtotal(s) of all mobile home, commercial coach, recreational
vehicle, special purpose comtnercial coach plans, plan amendinents,
manuals, and manual amendments approved or rejected on page(s) 1 and/
or 2.
(9) The total number of all mobile home, commercial coach, recre-
ational vehicle, and special purpose commercial coach plans, plan
amendments, manuals, and tnanual amendments approved or rejected,
by adding the subtotals on pages 1 and/or 2.
( 10) The fees calculated as follows:
(A) For mobile home and commercial coach plans approved, multiply
the total number by the fee specified in Section 4884(i)( 1 ).
Page 220
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
§ 4880
(B) For special purpose commercial coach and recreational vehicle
plans approved, nuilliply the total number by the fee specified in Section
4884(i)(2).
(C) For mobile home, commercial coach, special purpose commercial
coach and recreational vehicle plan amendments approved, multiply the
lota! number by the fee specified in Section 4884(k).
(D) For mobile home, commercial coach, special purpose commercial
coach and recreational vehicle manuals approved, multiply the total
number by the fee specified in Section 4884(j).
(E) For mobile home, commercial coach, special purpose commercial
coach and recreational vehicle manual amendments approved, multiply
the total number by the fee specified in Section 48H4(k).
(11) The total fees attached by adding the fees for mobile home, com-
mercial coach, special purpose commercial coach and recreational ve-
hicle plan approval, plan amendments approval, manual approval and
manual amendments approval.
( 1 2) The signature and title of the authorized person certifying under
penally of perjury to the accuracy of the information provided.
(13) The date that certification was signed.
(b) The Design Approval Agency shall number the front and back
pages on form HCD-MH 472 Design Approval Agency Monthly Activ-
ity Report, dated September 1988.
(c) Each Design Approval Agency monthly activity report shall be ac-
companied by a copy of each plan, manual or amendment and instRic-
lions approved during the previous month and the plan approval monitor-
ing fee specified by Section 4884(i), (j) and (k). whichever is applicable,
for each plan, manual or amendment approved during the reporting
month.
(d) By the fifteenth day of each month and on form HCD-MH 473
Quality Assurance Agency Monthly Summary Report for Recreational
Vehicle, Mobile Home. Coinmercial Coach and Special Purpose Com-
mercial Coach. (Part 11), dated May 1989 and provided by the depart-
ment, a Quality Assurance Agency shall prepare and transmit to the de-
partmenl the following information for each client manufacturer served
in the previous month:
( 1 ) The Quality Assurance Agency name, address, agency number and
telephone number.
(2) The reporting month and year.
(3) The date that the report was prepared.
(4) The name and identification number of the manufacturer.
(3) Indication of whether the type of units subject to inspection and re-
inspection is a mobile home, commercial coach, recreational vehicle or
special purpose commercial coach.
(6) The total number of inspection visits, the total number of units in-
spected, the total number of units reinspected and the total number of
units produced for California.
(7) The percentage of California units inspected.
(8) The total number of units issued Californiainsignia. the total num-
ber of insignia assigned and the total number of insignia unassigned to
units.
(9) Indication of whether the quality control program is acceptable or
not acceptable. The department may refer to forms HCD-MH 441 and
44 IB Quality Assurance Agency Monthly Inspection and Insignia Is-
suance Summary for Recreational Vehicle. Mobile Home, and Special
Purpose Commercial Coach (Part 1), dated May 1989 and forms HCD-
MH 442 and 442B Quality Assurance Agency Monthly Inspection and
Insignia Issuance Summary for Commercial Coach (Part 1), dated May
1 989 for an explanation of why the quality control program is not accept-
able.
(10) The grand totals of all inspections, units inspected, units rein-
spected. California units produced, insignia issued and insignia affixed
and insignia unatTixed.
(11) The signature and printed name and title of the authorized person,
certifying under penalty of perjury to the accuracy of the infonnation pro-
vided.
(12) The date certification was signed.
(e) The Quality Assurance Agency shall number the from and back
pages on form HCD-MH 473 Quality Assurance Agency Monthly Siun-
mary Report for Recreational Vehicle, Mobile Home. Commercial
Coach and Special Purpose Commercial Coach. (Part 111. dated May
1 989.
(f) By the fifteenth day of each month and on form HCD-MH 441
Quality Assurance Agency Monthly Inspection and Insignia Issuance
Summary for Recreational Vehicle. Mobile Home, and Special Pinpt)se
Commercial Coach (Part 1 ). dated May 1 989 and prtnided by the depart-
ment, a Quality Assurance Agency shall prepare and transmit to the de-
partment the following information for each client manufacturer ser\ed
in the previous month:
( 1 ) The Quality Assurance Agency name, agency number, address and
telephone number.
(2) The reporting month and year.
(3) The name, identification number, plant address and telephone
number of the manufacturer.
(4) The number of inspections and reinspeclions ct)nducted.
(5) The dates that inspections and reinspections were conducted.
(6) The number of units inspected and the number of units held I'or re-
inspection.
(7) The number of units issued California insignia.
(8) Indication of whether the frequency of inspections by the Quality
Assurance Agency and the manufacturer's quality control program is ac-
ceptable or needs improvement, and a brief narrative explaining why im-
provement is needed.
(9) The number of tests witnessed by the Quality Assurance Agency.
(10) The types of tests witnessed and the dates that tests were wit-
nessed to include the gas piping system (low pressure and three pound
(3 lb.) tests). dielectric 12. 120or 120/240 volt systems, polarity, continu-
ity, operational, water piping .system, demand system and waste and vent
system.
(11) Indication of whether requests for plan reconsideration pursuant
to Section 4878(m) are attached.
(12) Identification of the plan submitted for reconsideration.
(13) The make and model and complete serial number.
(14) The plan approval number or inspection pursuant to Section
4878(d) or (e) as appropriate.
(\5) Indication of whether the unit is a mobile home, recreational ve-
hicle or special purpose commercial coach.
(16) The California insignia number and date of manufacture.
(17) The location in the manufacturing process when inspected.
( 1 8) The name and address of the purchaser.
(19) The name, street address, city, stale and zip code of the unit's des-
tination.
(20) For mobile homes and special purpose commercial coaches only,
identification of the number of sections as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M 1 for the first section, M2
for the second section, M3 for the third section, etc.
(21) The signature and printed name and title of the authorized person
certifying under penalty of perjury to the information contained in the re-
port and any and all attachments to the report as being true and correct.
(22) The date that certification was signed.
(g) If the Quality Assurance Agency requires additional space to sub-
mit information required on HCD-MH 441 . Quality Assurance Agency
Monthly Inspection and Insignia Issuance Summary for Recreational
Vehicle. Mobile Home, and Special Purpose Commercial Coach (Part I ).
dated May 1989, the agency shall complete form HCD-MH 44 1 B Quali-
ty Assurance Agency Monthly Inspection and Insignia Issuance Summa-
ry for Recreational Vehicle, Mobile Home, and Special Purpose Com-
mercial Coach (Part I), dated May 1989, and provided by the department
and shall contain the following information:
(1) The Quality Assurance Agency name and agency number.
Page 221
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H880
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) Tlie name and identification number of the manufacturer.
(3) The reporting month and year.
(4) The make and model and complete serial number.
(5) The plan approval number or inspection pursuant to Section
4878(d) or (e) as appropriate.
(6) Identification of whether the unit is a mobile home, recreational ve-
hicle or special purpose commercial coach.
(7) The California insignia number and date of manufacture.
(8) The location in the manufacturing process when inspected.
(9) The name and address of the purchaser.
( K))The name, street address, city, slate and zip code of the unit's des-
tination.
(II) For mobile homes and special purpose commercial coaches only,
identification of the number of sections as follows:
(A) Specify 1 if an individual section; or
(B) If of multi-section design, designate Ml for the first section. M2
for the second section, M.3 for the third section, etc.
(h ) The Quality Assurance Agency shall number the back page of form
HCD-MH 441 Quality Assurance Agency Monthly Inspection and In-
signia Issuance Summary for Recreational Vehicle, Mobile Home, and
Special Purpose Commercial Coach (Part I), dated May 1989 and num-
ber the front and back pages of form HCD-MH 44 IB Quality Assurance
Agency Monthly Inspection and Insignia Issuance Summary for Recre-
ational Vehicle, Mobile Home, and Special Purpose Commercial Coach
(Part I), dated May 1989. Form(s) HCD-MH 441 B shall be attached to
form HCD-MH 441.
(i ) By the fifteenth day of each month and on form HCD-MH 442
Quality Assurance Agency Monthly Inspection and Insignia Issuance
Summary for Commercial Coach (Part I), dated May 1989 and provided
by the department, a Quality Assurance Agency shall prepare and trans-
mit to the department the following information for each chenl manufac-
turer served in the previous month:
( 1 ) The Quality Assurance Agency name, agency number, address and
telephone number.
(2) The reporting month and year.
O) The name, identification number, plant address and telephone
number of the manufacturer.
(4) The number of inspections and reinspections conducted.
{5} The dates that inspections and reinspections were conducted.
(6) The number of units inspected and the number of units held for re-
inspection.
(7) The number of units issued California insignia.
(8) Indication of whether the frequency of inspections by the Quality
Assurance Agency and the manufacturer's quality control program is ac-
ceptable or needs improvement, and a brief narrative explaining why im-
provement is needed.
(9) The number of tests witnessed by the Quality Assurance Agency.
( 10) The dates and types of tests witnessed to include the gas piping
system (low pressure and three pound (3 lb.) tests), dielectric 12. 120,
1 20/240, or 480 volt systems, polarity, continuity, operational, water pip-
ing system and waste and vent system.
(11) Indication of whether requests for plan reconsideration pursuant
to Section 4878(m) are attached.
(12) Identification of the plan submitted for reconsideration.
(13) The serial number, model and plan approval number.
( 1 4) The roof, floor and wind live loads, occupancy, electrical, plumb-
ing, mechanical and fire safety for each section comprising the connner-
cial coach.
(15) The California insignia number.
(16) The location in the manufacturing process when inspected.
(17) The date of manufacture.
(18) The name and address of the purchaser.
( 1 9) The name, street address, city, state and zip code of the unit" s des-
tination.
(20) Identification of the number of sections within the unit as follows:
(A) Specify I if an individual section; or
(B) If of multi-section design, designate M 1 for the first section. M2
for the second section. M3 for the third .section, etc.
(21) The signature and printed name and title of the authorized person,
certifying under penalty of perjury that the information contained in the
report and any and all attachments to the report is true and correct.
(22) The date that the certification was signed.
(j) If the Quality Assurance Agency requires additional space to sub-
mil information required on form HCD-MH 442. Quality Assurance
Agency Monthly Inspection and Insignia Issuance Summary for Com-
mercial Coach (Part I), dated May 1989, the agency shall complete form
HCD-MH 442B Quality Assurance Agency Monthly Inspection and In-
signia Issuance Summary for Commercial Coach (Part I), dated May
1 989. and provided by the department and shall contain the following in-
formation;
( 1 ) The Quality Assurance Agency name and agency number.
(2) The name and identification number of the manufacturer.
( 3 ) The reporting month and year.
(4) The serial number, model and plan approval number.
(5) The roof, floor and wind live loads, occupancy, electrical, plumb-
ing, mechanical and fire safety for each section comprising the commer-
cial coach.
(6) The California insignia number.
(7) The location in the manufacturing process when inspected.
(8) The date of manufacture.
(9) The name and address of the purchaser.
(10) The name, street address, city, state and zip code of the unit's des-
tination.
([\) Idenfificalion of the number of secfions within the commercial
coach as follows:
(A) Specify 1 if an individual section: or
(B) If of multi-section design, designate M 1 for the first section. M2
for the second secfion, M3 for the third section, etc.
(k) The Quality Assurance Agency shall number the back page of form
HCD-MH 442 Quality Assurance Agency Monthly Inspection and In-
signia Issuance Summary for Commercial Coach (Part I), dated May
1 989 and the front and back pages of form HCD-MH 442B Quality As-
surance Agency Monthly Inspecfion and Insignia Issuance Summary for
Commercial Coach (Part I), dated May 1989. Form(s) HCD-MH 442B
shall be attached to form HCD-MH 442.
(/) The Quality Assurance Agency shall notify the department of cor-
rections to forms HCD-MH 441 and 441B Quality Assurance Agency
Monthly Inspection and Insignia Issuance Summary for Recreational
Vehicle, Mobile Home, and Special Purpose Commercial Coach (Part I ),
dated May 1989 by submitting form HC-MH 444 Quality Assurance
Agency Adjustment Report for Recreational Vehicle, Mobile Home and
Special Purpose Commercial Coach, dated May 1989 and provided by
the department and shall contain the following information:
( 1 ) The Quality Assurance Agency name, agency number, address and
telephone number.
(2) The month and year of the adjusted report.
(3) The name, identificafion number, plant address and telephone
number of the manufacturer.
(4) The signature and printed name and title of the authorized person,
certifying under penalty of perjury that the information contained in the
report and any and all attachments to the report is true and correct.
(5) The date that the certification was signed.
(6) The make and model and complete serial number.
(7) The plan approval number or inspection pursuant to Section
4878(d) or (e) as appropriate.
(8) Idenfificalion of whether the unit is a mobile home, recreational ve-
hicle or special purpose commercial coach.
(9) The California insignia number and date of manufacture.
(10) The location in the manufacturing process when inspected.
(11) The name and address of the purchaser.
Page 222
(4-1-90)
Title 25
Factory-Built Housing and Mobile Homes
ij4882
(12) The iKinic. sired address, city, stale and zipcode ol'ihe unit's des-
tination.
( I.^) Foe mobile homes and special purpose commercial coaches only.
identification of the number of sections as follows:
(A) Specify I if an individual section: or
(B) If of mulli-section design, designate M i for the first section. M2
for the second section. M3 for the third section, etc.
( 14) Specification of the appropriate adiustnieni code as follows:
(A) VI for void insignia;
(B) E for error in information; or
(C) AU to add unit to report.
(m) The Quality Assurance Agency shall number the front and back
pages on form HCD-MH 444 Quality Assurance Agency Adjustment
Report for Recreational Vehicle. Mobile Home or Special Purpose Com-
mercial Coach, dated May 1989.
(n) The Quality Assurance Agency shall notify the department of cor-
rections to forms HCr:)-MH 442 and 442B Quality Assurance Agency
Monthly Inspection and Insignia Issuance Summary for Commercial
Coach (Part 1). dated May 1 989 by submitting form HCD-MH 44.S Qual-
ity Assurance Agency Adjuslment Report for Commercial Coach, dated
May 1989 and provided by the department and shall contain the follow-
ing information:
( 1 ) The Quality Assurance Agency name, agency number, address and
telephone number.
(2) The month and year of adjusted report.
(3) The name, identification number, plant address and telephone
number of the manufacturer.
(4) The signature and printed name and title of the authorized person,
certifying under penalty of perjury that the information contained in the
report and any and all attachments to the report is true and correct.
(5) The date that certification was signed.
(6) The serial number, model and plan approval number.
(7) The roof, floor and wind live load, occupancy, electrical, plumb-
ing, mechanical and fire safety for each unit.
(8) The California insignia number.
(9) The location in the manufacturing process when inspected.
(10) The dale of manufacture.
(11) The name and address of the purchaser.
(12) The name, street address, city, state and zip code of the unit's des-
tination.
(13) Identification of the number of sections within the commercial
coach as follows:
(A) Specify I if an individual section; or
(B) If o\' multi-section design, designate M 1 for the first section, M2
for the second section, M3 for the third section, etc.
( J4) Spccificaiion of the appropriate adjustment code as follows:
(A) VI for void insignia;
(B) E for error in information; or
(C) AU to add unit to report.
(0) The Quality Assurance Agency shall number the front and back
pages on form HCD-MH 443 Quality Assurance Agency Adjustment
Report for Commercial Coach, dated May 1989.
(p) At the conclusion of each inspection visit, the Quality Assurance
Inspector shall prepare an inspection report which shall include the fol-
lowing information:
( 1 ) Identification of the Quality Assurance Agency, the inspector and
the manufacturer.
(2) The date of the inspection.
(3) A brief narrative describing the inspection activities, i.e., produc-
tion line, finished units in storage, material storage, tests, quality control
inspections, etc.
(4) The model, plan approval number, serial number and type of each
unit inspected.
{5) The location of each unit in the production sequence when in-
spected, including each finished unit bearing an insignia.
(6) For each unit inspected or tested, a description of each violatit)n ob-
served and of the action taken to correct the violation and eliminate its
recurrence. The appropriate plan or manual and law. regulation or docu-
ment incorporated by relerence shall be referenced for each violation.
(7) An order to hold any unit which was found to be in violation which
could not be brought into compliance during the inspection visit.
(8) A brief narrative which describes any reinspection. correction, or
the discovery of additional violations found on units held for reinspec-
tions from previous inspections.
(9) For certified manufacturing facilities, a brief narrative which sum-
marizes the effectiveness of the manufacturer's quality control program
and notes any requirements \'ov needed improvements.
(10) A brief narrative which summarizes the manufacturer's com-
pliance with insignia security requirements.
(q) A copy of each inspection report shall be provided to the manufac-
turer. Copies of the inspection reports shall be provided the department
upon written request from the department.
(r) A Certification Report required by Section 4878(c) shall include
the following information:
( 1 ) Identification of the Quality Assurance Agency and the manufac-
turer.
(2) The date of the report.
(3) A narrative which describes the inspections, dates of each inspec-
tion, observations, an assessment of the manufacturer's quality control
program and compliance with approved plans, manuals, and applicable
law or regulation, and which provides justification lor the Agency's re-
duction in the frequency of inspection.
(4) A narrative which explains the insignia security procedures
adopted by the manufacturer and which assesses their effectiveness.
(5) As an attachment, a copy of each inspection report associated with
the certification of the manufacturing facility.
(s) A Quality Assurance Agency shall notify the department in writing
withintwo(2)daysofthedi.scovery of units shipped forsale in California
without inspection when required by Section 4878. insignia, or in viola-
tion of California law, regulation, or approved plans.
(t) Each Quality Assurance Agency shall maintain all reports, or co-
pies thereof, required by this section for a period of three (3) years from
the date of the report.
NOTE: Authority cited: Section 18020. Health and Safetv Code. Rclcrcncc: Sec-
tion 1 8020, Health and Safety Code.
Ht.STOR\'
1. New section filed 10-6-88 as an emergency, operative 10-6-88 (Register 88.
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmiued to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code .Section 1 L'^49.6 (Register 89. No. 1 1 ).
3. New section tiled 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20 days,
by 7-3-89. or emergency language will be repealed.
4. Certificate of Compliance including amendment transmitted to OAL 6-29-89
and filed 7-24-89 (Register 89. No. 32).
§ 4882. Insignia Issuance and Administration.
(a) A Quality Assurance Agency shall apply to the department for in-
signia on forni HCD-MH 440 Application for Insignia By Quality Assur-
ance Agency, dated May 1989 and provided by the department and shall
contain the following information at Section 1 — Request for HCD Insig-
nia:
( 1 ) The Quality Assurance Agency name, agency number, address and
telephone number.
(2) IdenUfication of whether the type of insignia ordered is either rec-
reational vehicle, mobile home, commercial coach or special purpose
commercial coach. The Quality Assurance Agency shall request only
one type of insignia on an application.
(3) Identification of the type of method used to determine the insignia
fee as follows:
Page 223
Register 2(X)5, No. 52; 12-30-2005
§ 4884
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(A) Meihod 1 — Ideniily the numberof recreational vehicle insignia re-
quested and multiply by the recreational vehicle insignia fee specified in
Section 4044(h)(2).'
(B) Method II — Identify the number of special purpose commercial
coach insignia requested.
(C) Method III — Identify the number of mobile home or commercial
coach insignia requested and multiply by the insignia fee for mobile
ht)me and commercial coach specified in Section 4044(h)( 1 ) and enter
the amount at Line (A).
Calculate the credits due the Quality Assurance Agency for previous
mobile home or commercial coach insignia (as appropriate) reported to
the department as assigned to specific sections. Multiply the credits due
by the insignia fee for mobile home and commercial coach specified in
Section 4()44(h)(l) and enter the amount at Line B. (One credit may be
taken for each insignia issued to a manufacturer for the 2nd. 3rd. etc. sec-
tion of a multi-section mobile home or commercial coach.)
Subtract Line (B) from Line (A) to determine the fee due the depart-
ment and enter the amount at Line (C).
(4) The signature and printed name of the Insignia Administrator and
the date that the request for insignia was signed.
(5) Upon completion of Section 1 . the Quality Assurance Agency shall
retain the pink copy and mail the white, canary and blue copies to the de-
partment along with the appropriate insignia fees.
(b) Tlie department shall complete Section 2 — Insignia Shipment, on
form HCD-MH 440, Application For Insignia By Quality Assurance
Agency, dated May 1 989 upon receipt and acceptance of the Quality As-
surance Agency's request for insignia, and the appropriate insignia fee
required by Section 4044. Section 2 shall contain the following informa-
tion:
(1) Indication of whether the type of insignia shipped is recreational
vehicle, mobile home, commercial coach or special purpose commercial
coach.
(2) The amount of available credits.
(?) The quantity of insignia shipped.
(4) The numerical sequence of insignia issued beginning with the first
insignia control number and including the last insignia control number.
(5) The name of the authorized person issuing the insignia and the date
of issuance.
ic) The department shall retain the blue copy and mail the white and
canary copy to the Quality Assurance Agency with the insignia re-
quested.
(d) Upon the Quality Assurance Agency's receipt of insignia from the
department, the Quality Assurance Agency shall provide the following
information at Section 3 — Insignia Receiving Report on form HCD-MH
440 Application for Insignia by Quality Assurance Agency, dated May
1989:
(1) The date the insignia shipment was received.
(2) The quantity of insignia received.
(3) The numerical sequence of insignia issued beginning with the first
insignia control number and including the last insignia control number.
(4) The signature and printed name of the Insignia Administrator, cer-
tifying that the insignia received is in satisfactory condition and correct
according to type of insignia requested, quantity ordered and numerical
sequence. The Insignia Administrator shall also certify to the unsatisfac-
tory condition of insignia received by identifying insignia that is dam-
aged, misprinted, missing, duplicated or possessing other unsatisfactory
characteristics and identify the insignia number(s) affected.
(5) Upon completion of Section 3, the Quality Assurance Agency shall
retain the canary copy and mail the white copy to the department along
with insignia identified as damaged, misprinted, duplicated or possess-
ing other unsatisfactory characteristics.
(e) The Quality Assurance Agency shall not request more than a thirty
(30) day supply of insignia.
(f) The insignia remain the sole property of the department. A Quality
Assurance Agency shall return the insignia when the agency terminates
activity or when so ordered by the department.
(g) The Quality Assurance Agency is responsible for accounting for
each insignia received from the department from the lime of receipt until
issued to a manufacturer. Insignia security procedures shall be estab-
lished and an Insignia Administrator shall be designated to maintain in-
signia administration and security.
(h) The Quality Assurance Agency shall require each manufacturer to
establish and maintain an insignia security procedure. The Quality As-
surance Agency shall refuse to issue insignia to a manufacturer unless the
manufacturer establishes and maintains adequate insignia security pro-
cedures. If a manufacturer does not establish and maintain adequate in-
signia security, the Quality Assurance Agency shall affix the insignia to
finished and complying units at the time oi inspection.
(i) The insignia security procedures established by the Quality Assur-
ance Agency and each manufacturer shall minimize the potential for in-
signia loss, damage, theft and misappropriation. The procedures shall
provide for storage of insignia in a lockable device when the insignia are
left unattended. The device shall be of a type which cannot be opened ex-
cept by a key or combination and except by the Insignia Administrator
and shall be of such size or attachment to a floor or wall that it cannot be
easily removed from the room where it is kept. The room where insignia
are kept shall be locked when unattended. In the case of the manufacturer,
the procedure for issuance of insignia shall be restricted to only personnel
trained in insignia security procedures.
(j) The Quality Assurance Agency shall not permit a manufacturer to
accumulate more than a thirty (30) day supply of insignia.
(k) The Quality Assurance Agency shall investigate the loss, destruc-
tion or misappropriation of insignia, including insignia issued to a client
manufacturer. As an attachment to the report required by Section
4880(d), the Quality Assurance Agency shall submit a written investiga-
tive report to the department which identifies any insignia lost, stolen,
damaged or misappropriated during the reporting month, and which de-
scribes the investigation, the circumstances which led to the occurrence,
and the measures taken in order to eliminate a recurrence.
(/) The Quality Assurance Agency may charge a manufacturer for in-
signia and insignia administration, in addition to the charges for inspec-
tion.
NOTE: Authority cited: Section 18020, Health and Safety Code. Reference: Sec-
tions 18020 and 18026, Health and Safety Code.
History
1 . New section tiled 10-6-88 as an emergency: operative 10-6-88 (Register 88,
No. 42). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 2-.1-89.
2. The Certificate ot Compliance transmitted to OAL 1-31-89 was disapproved.
Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant
to Government Code Section 1 1349.6 (Register 89. No. 1 1 ).
3. New section Filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL within 120 days,
by 7-3-89. or emergency language will be repealed.
4. Certificate of Compliance including amendment transmitted to OAL 6-29-89
and filed 7-24-89 (Register 89. No. 32).
§ 4884. Fees.
(a) Application for Design Approval Agency Approval: Three
hundred forty-nine dollars ($349)
(b) Application for Quality Assurance Agency Approval: Three
hundred forty-nine dollars ($349)
(c) Application for Quality Assurance Inspector: Two hundred nine-
ty-five dollars ($295)
(d) Application for Design Approval Agency Approval Renewal:
Three hundred two dollars ($302)
(e) Application for Quality Assurance Agency Approval Renewal:
Three hundred two dollars ($302)
(f) Application for Quality Assurance Inspector Approval Renewal:
Two hundred sixty-seven dollars ($267)
(g) Change of Third-Party Name, or Address: Sixty-two dollars ($62)
(h) Change of Quality Assurance Inspector Name or Address: Sixty-
two dollars ($62)
(i) Plan Approval Monitoring:
Page 224
Register 2005, No. 52; 12-30-2005
Title 25
Factory-Built Housing and Mobile Homes
M8S4
( 1 ) for plans relating lo a manuractured home, niobilehome, nuilli-
unil nianuraclLiicd housing or commercial modular: Foriy-four dollars
($44): and
(2) lor plans relating to a special purpose commercial modular: Forty-
lour dollars ($44).
(j) Plan Approval Monitoring, lor Quality Control Manuals; Forty-
two dollars ($42)
(k) Plan Approval Monitoring, for Amendments to Approved Plans or
Manuals: Thirty dollars ($30).
Noil,; Auiliority cited: Section 18020. Health and Saletv Code. Rercrcnee: Sec-
tion 1 803 1 . Health and Salcty a)de.
His I OR Y
1. New section (lied 10-6-88 as an emergency; operative 10-6-88 (Register 88.
No. 42). A Cenilicate olConiplianee nuisi be transmitted to OAL within 120
days or emergency language will be repealed on 2-3-89.
2. The Certilieale of Compliance transmitted to OAL 1-31-89 was disapproved.
Order ol Repeal of 10-6-88 emergency order tiled .3-2-89 by OAL pursuant
to Government Code Section 1 1349.6 (Register 89. No. 1 1 ).
3. New section filed 3-3-89 as an emergency: operative .3-3-89 (Register 89. No.
II ). A Cerliricate ol Compliance must be transmitted to OAL within 1 20 days,
by 7-3-89, or emergency language will be repealed.
4. Certilieale of Compliance transmitted to OAL 6-29-89 and tiled 7-24-89
(Register89. No. 48).
.S. Amendment tiled l2-29-200.'S: operative 1-1-2006 pursuant to Government
Code section 1 1343.4 (Register 200.S, No. 52).
Appendix RV-P-1
Wall Surfacing for Tub and Shower Enclosures
L Material; The wall covering material must have an exposed
surface that is impervious to water: the substrate ma-
terial must be resistant to deterioration from expo-
sure to high humidity and temporary water leakage.
A. Strength: The complete wall assetnbly. including the wall cov-
ering substrate, shall be capable of withstanding a
uniform load of five pounds per square foot applied
perpendicular to the surface. The deflection, under
load, shall not exceed 1/1 80 of the height of the wall,
for the assembly: or 1/240 the distance between
framing members, for the wall covering substrate.
B. Surface Finish: The exposed surface must meet the minimum re-
quirements of the American Hardboard Association
PS-.59-73, Prefinished Hardboard Paneling, Class
1 , as certified by the panel manufacturer.
C. Size: The minimum thickness of the material shall be 1/8"
nominal. The width to be sufficient to give continu-
ous unbroken surface from corner to corner, or end
of tub in corner installation, in an installation incor-
porating a shower, the unbroken surface must con-
tinue to a height of at least 6 ' above the floor of the
shower.
1). Type: The substrate material shall also meet the require-
ments of the appropriate standard listed below:
( 1 ) Hardboard: of high strength and water resistance
to meet Commercial Standard CS-25 1-63, or AHA
PS .58-73, either standard or tempered.
(2) Softwood Plywood: must meet U.S. Product
Standard P.S. 1-66 including exterior type glue line
and grade A face veneer "suitable for painting."
(3) Hardwood Plywood: must meet PS-5 1-7 1 Type
II glue line and sound grade face veneer.
(4) Other Materials: not meeting D-1. D-2, E)-3
above, shall meet the requirements of this code and
their appropriate Product Standard, Industry Stan-
dard, Commercial Standard, of Federal Specifica-
tion.
II. Installation: The material must be installed in conformance with
this code and the application instructions pro\ ided
by the material manufacturer. In case ofconllict. this
regulation shall take precedence.
A. Framing: Wood framing shall be spaced not more than 16"
o.c. Blocking shall be 1" x3" or equal, installed hor-
izontally at height to tnatch rim of the tub or shower
pan. All corners shall have sufficient framing mem-
bers for attachment of corner moldings.
B. Fastening: All edges and ends of panel shall occur on liaming
members. Panels shall be applied to wood training
members using water resistant, non-hard setting
adhesive. Adhesive shall be applied to the face ol all
framing members except locations where panel
edges fall beneath applied moldings. Panels may
also be applied over solid backing using an adhesive.
Note: Fasteners, i I necessary, shall be used onl\ in loca-
tions where they will be covered by applied moldings, and
shall be used on not more than two adiacent edges. No other
interior fasteners, or fixtures, other than required lunctional
plumbing fixtures shall penetrate the face of the panel.
Openings for the.se plumbing fixtures must be sealed with
caulk.
C. Corners and
Edges: All corners and edges must be caulked or sealed
against moisture penetration. A non-hard setting
sealant material must be used with applied mold-
ings. Fastening of moldings to framing shall not be
greater than 6" o.c.
His I or Y
1. Amendment filed 4-3-78: effective thirtieth dav thereafter (Reeister 78,
Net 4).
Appendix A
Provisions of California Health and Safety code Relating to
Mobilehomes, Recreational Vehicles and Commercial Coaches
History
1 . New Appendix A filed 6-9-77; desiijnated effective 9-1-77 ( Register 77. No.
24).
2. Amendment filed f 2-7-79; effective thirtieth day thereafter (Register 79. No.
49).
3. Change without regufatory effect repeating Appendix filed .3-19-92 pursuant
to section 100, title" f, California Code of Regulations (Register 92. No. 12).
Appendix B
Provisions of the National Mobile Home Construction and Safety
Standards Act
History
1. New Appendix B filed 6-9-77; desicnaled effective 9-1-77 (Register 77. No.
24).
2. Change without regulatory effect repealing Appendix B filed 7- 1 2-93 pursuant
to section 100, title 1 . California Code of Reculaiions (Reeister 93. No. 29).
Subchapter 3.
Mobile Home Occupational
Licensing
NOTE; Authority cited; Sections 18070-18074.99. Health and Safetv Code (Gov-
ernor's Reorganization Plan No. f. 1980). Reference; Sections 18000-18080.
Health and Safely Code.
History
1 . New Subchapter 3 (Sections .'iOOO-5005 ) filed 6-30-80 as an emergency; el fee-
tive upon filing (Register 80. No. 27). A Certificate of Compliance must be filed
within 120 days or emergency language will be repealed on 10-28-80.
2. Certificate of Compliance filed 10-27-80 (Register 80. No. 44).
3. Repealer of Subchapter 3 (Anicle 1. Sections .'iOOO-.'SOO.'i) and new Chapter 4
(Sections .5000-5049, not consecutive) filed 12-10-80; effective upon tiling
(Register 80, No. 50).
^: H< *
Page 225
Register 2005, No. 52; 12 -.^0-2005
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Chapter 4. Manufactured Housing Sales, Occupational Licensing and
Education
Vol. 33
XHOIVISOIM
*
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94 105
800-888-3600
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
Table of Contents
Chapter 4. Manufactured Housing Sales, Occupational Licensing and Education
Table of Contents
Page
Page
Chapter 4. Manufactured Housing Sales.
Occupational Licensing and
Education 235
Subchii
ipler 1 .
Sales and Occupational
Ic 1.
Licensing
^35
Artie
General
. 235
S 30()().
Authority.
§ 500 1 .
Application and Scope.
§ 5002.
Definitions.
Artie
Ie2.
License and Business
Requirements
. 236
V? 5010.
License.
S 5011.
Books and Records.
i? 5012.
Manufacturer's Established Place of
Business.
S 501.1
Dealers Established Place of
Business.
i^ .5014.
Display Area.
^ 5015.
Dealer Branch Locations.
Article 3.
S 5020.
S 5020.5.
i! 502 1
§ 5022.
S 5023.
i^ 5023.5.
i^ .5024.
S 5025.
§ 5026.
ij .5027.
§ 5028.
^ 5029.
^ 5030.
S 5032.
s^ 5034.
§ 5036.
i^ 5038.
Jj 5040.
i^.5041.
i^ 5042.
S 5043.
License and 9(3-Day
Certificate Applications.
Changes and Renewals
Application Requirements.
License and 90-Day Cerlitlcate
Applicaiion Review and Notice of
Department Decision.
Abbreviated Application tor
Applicants with Business or
Personal History Incgularities.
Examinations.
Temporary Permits.
90-Day Certificate Contents and
Posting.
Established Place of Business
Relocation. Elimination or
Addition.
Change of Ownership.
Salesperson and 90-Day Certitlcate
Holder: Employment or Change of
E'mployment.
Change of Residence.
Change of Personal Name.
Change of Franchise or
Authorization.
Renewal of Licen.ses.
Change of Supervising Managing
Employee.
Change of Employment Location.
Replacement 90-Day Certificate.
Application Requirements For
90-Day Certificate Change.
Cortection Or Replacement.
Fees.
Refunds.
Insufficient Checks.
Dealer Report of Sale Filing Fee.
237
Article 5.
Advertising Listing
Agreements and Sales
Practices 248
§ 5050.
General Advertising.
§ 505 1 .
Manufactured Home. Mobilehomc
or Commercial Coach Condition
and Physical Si/e.
§ 5052.
Manufactured Home. Mobilehomc
or Commercial Coach Availability.
§ 5053.
Free Merchandise. Savings Claims
and Rebates.
§ 5054.
Dealer Added Charges.
§ 5055.
Financing.
§ 5056.
Down Payment and Deposit
§ 5057.
Representations.
Article 6.
Purchase Documents and
Escrow 248.2
§ 5060.
Escrow Required.
§ 5061.
Escrow Instructions.
§ 5062.
Disbursement of Escrow t^unds.
J? 5063.
Waivers.
§ 5064.
Records Required.
Article 7.
Public Access to Information
Regarding Occupational
Licensing 248.4
§ 5070.
Policy Regarding Disclosure.
§5071.
Disclosure of Information
Regarding License Status.
§ 5072.
Disclosure of Information
Regcirding Instances of
Noncompliance and Complaints.
§ 5073.
Disclosure of Information
Regarding Di.sciplinary Actions.
Article 8.
Einforcement, Actions and
Penalties 248.5
§ 5080.
Enforcement.
§ 508 f.
Complaint and Mt)nitoring
Investigation.
§ 5082.
Notices of Suspension. Revocation.
or Cancellation.
§ 5082.5.
Prohibited Sale Notice.
§ 5083.
Monetaiy Penalties for Compromise
Settlements.
Article 9.
90-Day Certificate
Reuuirements 248 6
§ 5090. 90-Day Certitlcate Expiration.
§ 5092. Suspension/Refusal to
Issue/Revocation.
§ 5094. Supervision of Certificate Holders.
Subchapter 2. Preliminary and
Continuing Education 248.6
§ 5300. Definitions.
§ 5301. Applicant Qualification to Receive
Public Benefits.
§ 5302. Application and Scope of
Preliminary Education
Requirements.
Page i
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
J^ 5304. Application and Scope ol
Continuing Education
Rec|uireincnls.
§ 5306. Continuing Education Topic
Rec|uii"enicnis ibr Dealers and
Salespersons.
§ 5308. Minimum Standards lor Preliminary
Education Courses.
J; 5310. Minimum Standards lor Continuing
Education Courses.
vi 5312. Minimum Standards for Continuing
Education Courses by
Conespondence.
S5314. Course Challenges.
J; 5316. Claims of Equivalency.
§ 5318. Exemptions.
>! 5320. Required Changes to Approved
Courses.
5; 5322. Certificates of Completion.
§ 5324. Expiration of Course Approval.
ij 5326. Instructor Qualifications.
^ 5328. Expiration of Instructor Approval.
§ 5330. Advertising Requirements.
§ 5332. Course Provider Notice
Requirement.
§ 5334. Access and Denial to Course
Offerings.
S 5336.
Course Provider Attendance
Controls and Record Keeping
Requirements.
S 5.338.
General Requirements and
Prohibitions.
S 5340.
Application for Preliminary
Education Course Approval.
§ 5342.
Application for Continuing
Education Course Approval.
S 5."^44.
Application lor Course Approval
Renewal.
§ 5346.
Application for Approval o\'
Changes to Approved Courses.
i^ 5348.
Application for in.struclor Approval
S 5,\50.
Application for Instructor Approval
Renewal.
§ 5352.
Application for Equivalency
Approval.
!i 5354.
Application for Exemption.
S 5356.
Rejected Applications.
{j 5360.
Fees.
S 5.%2.
Denial of Approval.
§ 5364.
Cancellation of Approval.
i^ 5366.
Appeals Procedure.
S 5,368.
Enforcement.
Page ii
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
ij 5002
Chapter 4. Manufactured Housing Sales,
Occupational Licensing and Education
Subchapter 1. Sales and Occupational
Licensing
Article 1. General
§ 5000. Authority.
This chapter is cidoptcd in order lo implement, interpret and make spe-
cilic and otherwise carry out the maniitactured home, mobilehome and
commercial coach occupational licensing requirements ofChapters 5. 6,
and 7 (commencing with Sections 18035) of Division 13, Part 2, of the
Healtii and Safety Code, Sections 1797, et seq., of the Civil Code, and
Chapter 3 (commencing with Section 15374) of Title 2, Division 3, fart
6.7 of the Government Code.
Nori- Authoiity cited: Section 18015. Health and Safety Code, and Section
15376. Governtneni Code. Reference; Sections IHOOO- 1 8066.5. Health and Safe-
ty Code: and Sections 1797 et seq,. Civil Code: and Sections 15374-15378. Gov-
ernment Code.
History
1 . Repealer of Chapter 3. Snhchapter 3 (Sections 500(KS005) and new Chapter 4
(Sections 5000-5049. not consecutive) filed 12-10-80; effeciive upon filing
( Register 80, No, 50). For history of former Chapter 4, see Register 77. No. 24.
2. Repealer of Chapter 4 (Sections 5000-5049. nt)t consecutive) and new Chapter
4 (Sections 5000-5083, not consecutive) filed 7-7-82 as an emergency; effec-
tive upon filing (Register 82. No. 28). For prior history, see Registers 82. No.
10. and 81, No. 39. A Certificate of Compliance must be iransnfitted to OAL
within 120 days or emergency language will be repealed on 1 1-4-82.
3. Certificate of Compliance includine amendments transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82. No. 51).
4. Amendment filed 2-1-84; effective upon filine pursuant to Govemment Code
Section 1 1346.2(d) (Register 84, No. 5).
§5001. Application and Scope.
(a) The provisions of this chapter apply to all persons acting as a man-
ufacturer, distributor, dealer, or salesperson of manufactured homes, mo-
bilehomes, or commercial coaches as defined by Sections 18000-18014
of the Health and Safely Code.
(b) The provisions olthis chapter also apply to all persons acting in the
capacity of a 90-day certificate holder as defined in Section 5002 of this
chapter.
(c) These provisions regulate the occupational licensing of and busi-
ness practices of licensees regarding the manufacture, alteration, sale or
lease of manufactured homes, mobilehomes or commercial coaches.
(d) To the extent permitted by law, these provisions provide for regula-
tion of transporters of manufactured homes, mobilehomes and commer-
cial coaches.
(e) These provisions regulate ihe application process and requirements
for the department and persons applying for a license or 90-day certifi-
cate pursuant to law and this chapter.
NOTt:; Authority cited; Sections 1 801 5 and 1 8052.6, Health and Safety Code, and
Section 13374, Govemment Code. Reference; Sections 18035-18066.5, Health
and Safety Code; Sections 1797-1797.7. Civil Code; and Sections 15374-15378.
Govemment Code.
History
1. Amendment of subsection (a) and new subsection (d) filed 2-1-84; effective
upon filing pursuant to Govemment Code section 1 1346.2(d) (Register 84, No.
5).
2, Amendment of subsection (a), adoption of subsection (b) and subsection renum-
bering, and amendment of subsection (e) and Nori^. filed 1 1-25-91 ; operative
12-26-91. (Register 92, No. 12).
§ 5002. Definitions.
The following definitions and those set forth or referenced in Health
and Safety Code Sections 18000 through 18153, shall govern the activi-
ties under this chapter;
(a) Accessory. Any additional structure, air-conditioning unit, dri\e-
way, landscaping, skirting, awning, carport, shed, porch, or other items
contracted for and included in the purchase document for the purchase
or lease of a manufactured home, mobilehome and/or its installation site.
(b) Acknowledged. When used in this chapter means either ni)tari/ed
or attested to by a subscribing witness.
(c) Advertising. Any stateinent, representation, act or announcement
intentionally cominunicated to any member of the public by any me;ins
whatever, whether orally, in writing or otherwise, generally for the pur-
pose of arousing a desire to buy or palroni/e.
(d) Cash or cash eqtiivalent. Includes, but is nol limited to;
( 1 ) Cash, checks, money orders, or drafts.
(2) Promissory notes, bills of sale, or certificates of ownership, or other
intangible property.
(3 ) Assignments of funds, proceeds, contracts, rights, or other negotia-
ble instruments.
(4) Any real or personal property.
(e) Clock hour. Fifty (50) continuous minutes in an approved prelimi-
nary or continuing education course, seminar, or conference excluding
breaks for meals, rest, or smoking.
(f) Close of escrow. The date on which the conditions of the escrow
have been met and the e.scrov^' agent is in a position to disburse all funds
excepting funds withheld for uninstalled or undelivered accessories in-
cluded in the purchase price.
(g) Continuing Education Course. A class, seminar or conference ap-
proved by the department, pursuant to law and this chapter, which offers
licensees continuing education clock hour credits on one topic.
(h) Correspondence Course. A continuing education program of a
single topic approved by the department transmitted by mail between a
licensee and an approved course provider.
(i) Course Provider. A person or entity offering preliminary or contin-
uing education courses approved by the department. A course provider
meeting the minimum qualifications established in this chapter may also
be an approved instructor.
{]) DOJ. The California Department of Justice.
(k) Instructor. A person approved by the department to present prelim-
inary or continuing education courses while in the employ of a course
provider. An instructor may also be a course provider.
(/) Live Scan. Digitally scanned fingerprinting using the electronic
process certified by DOJ at an approved facility.
(m) Manufactured Home. A stmcture as defined by section 18007 of
the Health and Safety Code.
(n) Manufacturer's Suggested Retail Price. The total price shown on
the label required by Health and Safety Code Section 18032.
(0) Mobilehome. A structure as defined by section 1 8008 of the Health
and Safety Code.
(p) Multifamily Manufactured Home. A structure as defined by sec-
tion 18008.7 of the Health and Safety Code. "Multi-unit manufactured
housing" has the same meaning as "multifamily manufactured home", as
that term is defined by section 18008.7 of the Health and Safety Code.
(q) 90-day certificate holder. An applicant for an original salesperson
license, holding a certificate issued by the department which permits the
applicant to perform the following activities while in the employment ol'
a licensed dealer:
( 1 ) A 90-day certificate holder may induce or attempt to induce a per-
son to buy, lease, or exchange an interest in a new or used manufactured
home, mobilehome, or commercial modular.
(2) For commission, money, profit, or other thing of value, a 90-day
certificate holder may sell, exchange, buy, or lease; offer for sale; negoti-
ate or attempt to negotiate a sale, lease or exchange of an interest in a new
or used manufactured home, mobilehome, or commercial modular.
(3) A 90-day certificate holder shall not execute any documents, con-
tracts, or listing agreements, or accept any cash or cash equivalent for the
sale or lease of a new or used manufactured home, mobilehome. or com-
mercial modular.
Page 235
Register 2008, No, 29; 7-18-2008
§ 5010
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(r) Preliminary Education Course. A class, seminar or conference ap-
proved by the department pursuant to law and this chapter relating lo laws
and regulations governing manufactured home and mobilehome sales,
specilically designed tor persons not holding a manufactured home or
mobilehome dealer or salesperson license.
is) Purcha.se document. Any instrument of purchase, regardless of its
title, which is prepared by a licensee lo effect the sale of a manufactured
home, mobilehome or commercial modular to a retail purchaser.
It) Supervising Managing Employee. A person designated by a li-
cen.sed dealer of manufactured homes, mobilehomes or commercial
modulars as responsible for the direct supervision of 9()-day certificate
holders employed by the dealer at an established place of business. A su-
pervising managing employee must be:
( 1 ) a salesperson in possession of a valid occupational license as re-
quired by this chapter, or
1 2) a sole owner dealer, or
1 3) a partner in a partnership or a director or officer of a corporation
who, as required by this chapter, has been designated as participating in
the direction and control of the sales business.
I u) Topic. The subject offered by a preliminary or continuing educa-
tion course.
( v) Working days. All days except Saturdays, Sundays, and state and
federal holidays.
NOTE: Authority cited: Sections 1 801 5 and 1 8052.6. Health and Safetv Code. Ref-
erence: Sections 18001.8, 18007. 18008. 18008.7, 18035-18066.5, Health and
Safety Code: Sections 1797-1797.7. Civil Code; Sections 17003 and 17004, Fi-
nancial Code; and Sections 1 1077.1 and 1 1 102.1, Penal Code.
History
1 . CeHificate of Compliance including amendment transnutted to OAL 1 1-3-82
and filed 12-15-82 (Register 82, No. 51 ).
2. Amendment ofsubsection (d) filed 5-8-86 as an emergency: effective upon til-
ing (Register 86, No. 19). A Certificate of Compliance must be transmitted to
OAL within 120 days or emergency language will be repealed on 9-5-86.
3. Amendment filed 1 1-25-91; operative 12-26-91. (Register 92. No. 12).
4. Repealer ofsubsection (i) and subsection relettering filed 2-6-98: operative
.^i-8-98 (Register 98, No'. 6).
5. New subsections (J) and (/), subsection relettering, amendment of newly desig-
nated subsections (n)(l)-(3), (p) and (q) and amendment of Note filed
1 1-7-2005; operative 1 1-7-2005 pursuant to Government Code section
1 1 343.4 (Register 2005, No. 45),
6. Change without regulatory effect adding subsections ( m), (o) and (p), relettering
subsections and amending Note filed 7-14-2008 pursuant to section 100, title
1 , California Code of Regulations (Register 2008, No. 29).
Article 2. License and Business
Requirements
§5010. License.
(a) No person acting as a manufacturer, dealer, distributor or salesper-
son shall do so from any location without a current and valid occupational
license issued pursuant to law or this chapter. Any person in violation of
this section shall be liable for appropriate fees pursuant to Section 5040
and a penalty of 50 percent of the license fee in addition to any other civil
and/or criminal penalties.
(b) No person acting as a transporter shall do so without a current and
valid transportation decal. Any person in violation of this section shall be
liable for appropriate fees pursuant to Section 5040 and a penalty of 50
percent of the decal fee in addition to any other civil and/or criminal pen-
alties.
(c) No manufacturer whose established place of business is located
outside this state, shall deliver new manufactured hoines, mobilehotiies
or comtnercial coaches to dealers in this state for the purposes of sale, rent
or lease, without a current and valid manufacturer's license issued pur-
suant to law and this chapter. It is not necessary for a manufacturer to ob-
tain a license in this state for manufacturing sites located outside of the
state, provided that the manufacturer has at least one established place of
business located within this state licensed by the Departtnent of Housing
and Community Development.
NOTH: Authority cited: Section 18015. Health and Safetv Code. Reference: Sec-
tions 18045. 18045,6 and 18062.2, Health and Safety Code,
History
1 , Ceiiificate of Compliance including amendment transmitted to OAL 1 1-3-S2
and filed 12-15-82 (Register 82, No. 51).
2, Amendment of subsections (a) and (e) filed 2-1-84; effective upon tiling pur-
suant to Government Code Section ] 1346.2(d) (Register 84. No, 5).
3, Repealer of subsections (c)-(d) and subsection relettcrins filed 2-6-98: opera-
tive 3-8-98 (Register 98, No. 6).
§ 501 1 . Books and Records.
(a) Pertinent books and records of a licen.see which relate to the man-
ufacture, purchase, sale, rental, transportation or lease of manufactured
homes, mobilehomes or cotninercial coaches must be available for in-
spection during normal work hours without prior notice. In the case of an
out of state manufacturer, pertinent books and records or copies thereof
shall be delivered or inailed to the department for inspection within 10
days of a written request from the department.
(b) In the case of a dealer, pertinent books and records include, but are
not limited to, invoices; cettificates of origin: identification numbers; re-
port of sales books; purchase documents; lease or rental agreements; re-
ceipts for deposit; documents submitted into escrow for the preparation
of escrow instructions; escrow instructions; and any other records which
relates to the purchase, sale, rental or lease of any manufactured hoine,
mobilehoine or commercial coach within this state.
(c) In the case of a manufacturer or distributor, pertinent books and re-
cords include, but are not limited to. invoices; certificates of origin; iden-
tification numbers; contracts or franchise agreements with dealers; pro-
duction orders; suggested retail price labels; and any other record which
relates to the manufacture, distribution, sale, rent or lease of any man-
ufactured home, tnobilehome or commercial coach within this state.
(d) Books and records must be kept on the premises of the licensee's
established place of business unless the licensee has designated, on a
form prescribed by the department, an alternate site within the state at
w hich the books and records will be maintained and available for inspec-
tion. The licensee must notify the department on the prescribed form of
any change in location of the books and records at least ten ( 1 0) days prior
to the date of the change in location.
(e) Unless otherwise specified by law or this chapter, all business re-
cords relating to manufactured home, mobilehome or coinmercial coach
transactions shall be retained by the licensee for a period of not less than
three (3) years.
(f) When, for any reason, a licensee terminates or suspends business,
all department report of sale books, along with all permits, licenses,
transportation decals and registration documents therefor, and all sales-
persons" licenses in possession of a dealer, shall be surrendered to the de-
partment upon demand or within ten ( 1 0) calendar days after termination
or suspension, whichever occurs first.
(g) When, for any reason, a licensee terminates or suspends business,
the licensee shall notify the department in writing within 10 days of the
termination or suspension, of the location where pertinent books and re-
cords will be kept and available for inspection.
NOTE: Authority cited: Section 18015, Health and Safety Code, Reference: Sec-
tions 18003.6, 18045.5, 18045.6. 18054 and 18062.2. Health and Safety Code,
History
1, Certificate of Compliance including amendment transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsection (a) and new subsection (g) filed 2-1-84: effective
upon filing pursuant to Government Code Section 1 1 346.2(d) (Register 84. No.
5).
§ 5012. Manufacturer's Established Place of Business.
The applicant for, or holder of, a manufactured home, mobilehome or
coinmercial coach manufacturer's license shall maintain a suitable site
sufficient in size and furnishings to effect the manufacture, assembly, re-
construction or reconfiguration of manufactured homes, mobilehomes or
commercial coaches.
Page 236
Register 2008, No. 29; 7-18-2008
Title 25 Manufactured Housing Sales, Occupational Licensing and Education ^ 5013
Nori:: Authority cited: Section 18015. Health and Safety Code. Reference: Sec- comtneicial coach dealer's liccn.se shall maintain an estahlished place ol
lions I X()().v6. I X()()6,.^ and 1 804.S..\ Health and Safety Code. business. The office ol' an established place ol' business of a dealer must
, ,. , , . '^1.,^'^?., , >, . , ,. ,>o .. heconstructedsuchthatitisnottemporary.lransitory or tnobile in nature.
1. Repealer ol siiKsection (a) designator tiled 2-6-98; operative .^-8-98 (Recister ^, ,,,,. , ., ,. , , . , ,
98 No 6) " " 1 he otiice must comply with applicable construction standards and local
§ 5013. Dealer's Established Place of Business.
The applicant for. or holder of, a manufactured home, mobilehome or
[The next page is 237.]
Page 236. 1 Register 2008, No. 29; 7 - 1 8 - 2008
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
S 5020
zoning rcgukilions. A nuinuractiired home, niobilehome or commercial
coach is acccpiahic, provided ihal ii is not a pari olthc dealer's inveniory
and is not being offered for or siibjecl lo sale while being used as an olTice,
and otherwise meets the requirements of law.
Nori,; Aulliorilv cited: Section 18015. Health and Safclv Code. Reference; Sec-
tions 1H()03.6. 1X045. .S and 18045.6. Health and Salely Code.
Hl.STOKV
1. Certificate ol Coiiiplianec inclndin'j anicndnient of subsection (a) transmitted
loOAL 1 l-.V82and filed 12-1.^-82 (Register 82. No. 51).
2. Repealer of subsection (a) and subsection (b) designator and aiiiendnient of re-
maining paragraph bled 2-6-^8: operative 3-8-98 (Register 98. No. 6).
i^5014. Display Area.
NOTl;. Authorilv cited; Sections 18015 and 1804.5, 5(b), Health and Safety Code.
Releiencc; Sections 18045.5 and 18045.6. Health and Safety Code.
HlSTOl^Y
1. Ceilibcate of Compliance including amendment of sub.seetion (b) transmitted
to OAL i I-.V82 and bled 12-1.5-82 (Register 82, No. 51 ).
2. Repealer bled I 1-2.5-91 : operative 12-26-91. (Register 92, No. 12).
§ 5015. Dealer Branch Locations.
Ncvrt.: Authority cited; Section 18015. Health and Safety Code. Reference; Sec-
tion 18045.6. Health and Salety Code.
Hl.STORY
1. Ceilibcate of Compliance including amendment transmitted to OAL 1 1-3-82
and bled 12-1.5-82 (Regi.stcr 82. No. 51 1.
2. Amendment of subsection (b) bled 2-1-84: effective upon filing pursuant to
Government Code section 1 1.346.2(d) (Register 84. No. 5).
3. Repealer bled 1 1-2.5-91 : operative 12-26-91. (Register 92, No. 12).
Article 3. License and 90-Day Certificate
Applications, Changes and Renewals
§ 5020. Application Requirements.
(a) An application for an occupational license or 90-day certificate
shall contain that information required by the depariment. including, but
not limited to, the forms and items listed in this section.
fb) Applicants for licenses pursuant lo this section shall present docu-
mentation necessary to determine an applicant's eligibility to receive
public benefits pursuant to Chapter .5.5 of this division, beginning with
Section .5802 of this subchapter.
(c) If the applicant is a partnership or corporation, the names and titles
of all controlling partners, stockholders, directors, general managers and
officers who are permitted to direct, control or manage the manufacturing
or sales affairs of the applicant or licensee, subject to law or this chapter,
shall be disclosed.
(d) Manufacturer license. The following forms and items are required
lo be submitted by applicants for a manufacturer's license:
( 1 ) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, and Dealers,
Pan A, HCD OL 12 (Rev. I 1/0.5);
(2) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, Dealers and
Salespersons. Pan B, HCD OL 29 (Rev. I 1/05), for each person shown
on Pan A;
(.3) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers. Distributors and Dealers,
Pane. HCD OL2I (Rev. I 1/05), for each established place of business;
(4) For each person shown on Part A, fingerprints must be submitted
through the Live Scan fingerprint process. Unless exempted by DOJ. ap-
plicants shall provide a properly completed and legible copy of form
HCD OL 8016 (New 11/05), "Request for Live Scan Service" or the
equivalent form provided by DOJ. The HCD OL 8016 form or DOJ
equivalent form must provide evidence that the fingerprints have been
submitted to DOJ and that the department is properly listed as the agency
lo receive any criminal history information. Applicants applying for an
exemption from the Live Scan process must submit their exemption re-
quests through the department on the forms prescribed by DOJ. Finger-
printing must be processed by a law enforcement agency or a DOJ-certi-
tled fingerprinl roller. Additional fingerprinling may be required il the
submitted fingerprinis are rejecied by IX)J or the Federal Bureau of In-
vestigation;
(5) Two full facial photographs of each person shown on Pan A. mini-
mum size I 1/4" X 1 " , taken from a maximum distance ol' six (6) leel;
(6) Business photographs: One photograph showing the manufactur-
ing area and one photograph of the exterior of the office for each estab-
lished place of business;
(7) A list of tnodel or brand names to be manufactured at each estab-
lished place of business;
(8) An explanation of the serial numbers configuration to be assigned
to manufactured homes, mobilehomes or commercial modulars;
(9) The original licen.se application fee specified in Section 5040 of
this subchapter for each established place of business.
(e) Distributor License. The following forms and items are reqtiircd to
be submitted by applicants for a distributor's license:
( 1 ) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, and Dealers.
Part A, form HCD OL 12 (Rev. 1 1/05), which is incorporated by refer-
ence;
(2) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors. Dealers and
Salespersons. Part B, form HCD OL 29 (Rev. I 1/05), which is incoriio-
rated by reference, for each person shown on Part A:
(3) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors and Dealers.
Part C, form HCD OL 21 (Rev. 1 1/05). which is incorporated by refer-
ence, for each established place of business;
(4) For each person shown on Part A, fingerprinis must be submitted
through the Live Scan fingerprinl process. Unless exempted by DOJ. ap-
plicants shall provide a properly completed and legible copy of form
HCD OL 8016 (New 1 1/05), "Request for Live Scan Service", which is
incorporated by reference, or the equivalent form provided by DOJ. The
HCD OL 8016 form or DOJ equivalent form must provide evidence that
the fingerprints have been submitted to DOJ and that the department is
properly listed as the agency to receive any criminal history information.
Applicants applying for an exemption from the Live Scan process must
submit their exemption requests through the department on the forms
prescribed by DOJ. Fingerpnnts must be processed by a law enforcement
agency or a DOJ-certified fingerprint roller. Additional fingerprinting
may be required if the submitted fingerprints are rejected by DOJ or the
Federal Bureau of Investigation:
(5) Two full facial photographs of each person shown on Part A. mini-
mum size 1 1/4" X 1 " , taken from a maximum distance of six (6) leel.
(6) Business photographs: One photograph showing the exterior o\' ihc
office for each established place of business;
(7) A list of the name, address, brands and models of each manufactur-
er whose line will be distributed;
(8) An explanation of the manufacturer's serial numbers conliguralion
assigned to manufactured homes, mobilehomes or commercial modu-
lars;
(9) The original license application fee specified in Section 5040 of
this subchapter for each established place of business.
(f) Dealer License. The following forms and items are required to be
submitted by applicants for a dealer's license:
( 1 ) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, and Dealers,
Part A, form HCD OL 12 (Rev. 1 1/05). which is incorporated by refer-
ence;
(2) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, Dealers and
Salespersons, Part B, form HCD OL 29 (Rev. 1 1/05). which is incorpo-
rated by reference, for each person shown on Part A;
(3) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors and Dealers,
Page 237
Register 2005, No. 52; 12-30-2005
§ 5020
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Part C. Ibrin HCD OL 21 (Rev. 1 1/03), which is incorporaied by rerci-
ence, lor each established place of business;
(4) Occupational License Application lor Manuractured Home/Mobi-
lehome/Commercial Modular Dealers. Part D.HCDOL5()(Rev. I 1/05).
which is incorporated by reference;
(5) For each person shown on Part A. fingerprints must be submitted
through the Live Scan fingerprint process. Unless exempted by DOJ. ap-
plicants shall provide a properly completed and legible copy of form
HCD OL 801 6 (New I 1/05). "Request for Live Scan Service", which is
incorporated by reference, or the equivalent form provided by DOJ. The
HCD OL 801 6 form or DOJ equivalent form must provide evidence that
the fingerprints have been submitted lo DOJ and thai the department is
properly listed as the agency to receive any criminal history information.
Applicants applying for an exemption from the Live Scan process must
submit their exemption requests through the department on the forms
prescribed by DOJ. Fingerprints must be processed by a law enforcement
agency or a DOJ-certified fingerprint roller. Additional fingerprinting
may be required if the submitted fingerprints are rejected by DOJ or the
Federal Bureau of Investigation;
(6) Txwo full facial photographs of each person shown on Part A. mini-
mum size I 1/4" by 1 " , taken from a maximum distance of six (6) feet;
(7) Business photographs: One photograph showing the exterior of the
office of each established place of business;
(8) Certificate of Appointment, form HCD OL 28 (Rev. 1 1/05). which
is incorporated by reference;
(9) A Letter of Authorization from, and a copy of any franchise or con-
tractual agreement with, each manufacturer indicating its approval to sell
manufactured homes, mobilehomes or commercial modulars at the ad-
dress of the established place of business (NOT required of dealers sel-
ling only used manufactured homes, mobilehomes, or commercial mod-
ulars);
( 10) Proof of successful passage by each person shown in Part A of the
Manufactured Home/Mobilehome or Commercial Modular Dealer Ex-
amination, as required by law and Section 5022 of this subchapter, within
six months prior to the application date;
( 1 1 ) A sample of all purchase documents to be used, including but not
limited to, purchase orders, conditional sales contracts, security agree-
ments, or other instruments of purchase, and receipts of deposit;
NOTE: Issuance of a license is not to be construed as approval of the
contents of such documents or their legal sufficiency.
( 1 2) A list of all names, license numbers and home addresses of all sa-
lespersons and managing employees to be employed at each established
place of business;
(13) The original license application fee specified in Section 5040 of
this subchapter for each established place of business.
(g) Salesperson License. The following forms and items are required
to be submitted by applicants for a salesperson's license:
( 1 ) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Salespersons, Part A, form HCD OL 16
(Rev. 1 1/05), which is incorporated by reference;
(2) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, Dealers and
Salespersons. Part B, form HCD OL 29 (Rev. 1 1/05), which is incorpo-
rated by reference;
(3) For each person shown on Part A, fingerprints must be submitted
through the Live Scan fingerprint process. Unless exempted by DOJ, ap-
plicants shall provide a properiy completed and legible copy of form
HCD OL 8016 (New 1 1/05), "Request for Live Scan Service", which is
incorporated by reference, or the equivalent form provided by DOJ. The
HCD OL 8016 form or DOJ equivalent form must provide evidence that
the fingerprints have been submitted to DOJ and that the department is
properiy hsted as the agency to receive any criminal history information.
Applicants applying for an exemption from the Live Scan process must
submit their exemption requests through the department on the forms
prescribed by DOJ. Fingerprints must be processed by a law enforcement
agency or a DOJ-certified fingerprint roller. Additional fingerprinting
may be required il the submitted fingerprints are rejected by DOJ or the
Federal Bureau of Investigation;
(4) Two full facial photographs of each person shown on Part A, mini-
mum size I 1/4" by I " , taken from a maximum distance of six (6) feet;
(5) Proof of successful passage of the manufactured home/mobile-
home or commercial modular salesperson examination, as required by
law and Section 5022 of this subchapter, within six months prior to the
application date.
(6) The original license application fee specified in Section 5040 of
this subchapter.
(h) 90-Day Certificate.
( 1 ) Any person applying for a 90-day certificate shall submit an appli-
cation to the department on form HCD-OL 90, "Application for Man-
ufactured Home/MobilehoiTie/Commercial Modular 90-Day Certifi-
cate," (Rev. 1 1/05), which is incorporated by reference, as set forth in
subsection (h)(2). This form is provided by the department.
(2) Form HCD-OL 90. "Application for Manufactured Home/Mobi-
lehome/Cominercial Modular 90-Day Certificate." (Rev. 1 1/05), which
is incorporated by reference.
(3) The original 90-day certificate application fee specified in Section
5040 of this subchapter.
(4) Concurrent with the submission to the department of a completed
form HCD-OL 90, "ApplicaUon for Manufactured Home/Mobilehome/
Commercial Modular 90-Day Certificate," (Rev. 1 1/05), which is incor-
porated by reference, the applicant shall also submit a completed applica-
tion for license as a salesperson, in accordance with Sections 5020(a) and
5020(g) of this subchapter, with the excepfion of the following items:
(A) Proof of successful passage of the manufactured home/mobile-
home or commercial modular salesperson examination as required by
Section 5020(g)(5) of this subchapter;
(B) Proof of completion of a preliminary education program as re-
quired by Section 5302(c) of this subchapter; and
(C) The original salesperson license application fee specified in Sec-
tion 5040(d)(1) of this subchapter as required by 5020(g)(6) of this sub-
chapter.
(i) 90-Day Certificate Holder Converfing to a Salesperson License
Holder.
( 1 ) All 90-day certificate holders, wishing to convert to a licensed sa-
lesperson, shall provide the department with the following no later than
three months after the expiration of their 90-day certificate;
(A) Proof of successful passage of the manufactured home/mohile-
home or commercial modular salesperson examination as required by
Section 5020(g)(5) of this subchapter;
(B) Proof of completion of a preliminary education program as re-
quired by Section 5302(c) of this subchapter; and
(C) The original salesperson license application fee specified in Sec-
tion 5040(d)( I ) of this Chapter as required by 5020(g)(6) of this sub-
chapter.
(D) Items required by subparagraphs (A), (B). and (C) of this subdivi-
sion shall be provided to the department accompanied by the 90-day cer-
tificate.
(2) Notwithstanding the three-month period permitted for completion
of the salesperson applicafion process outlined in Section 5020(i)(l ) of
this subchapter above, no holder of an expired 90-day certificate shall act
in the capacity of a 90-day cerfificate holder or licensed salesperson until
receiving a valid certificate or salesperson license.
(3) Conversion applicants failing to comply with the provisions of
Section 5020(i)(l) of this subchapter shall meet all salesperson license
application requirements as a new applicant in accordance with Section
5020(g) of this subchapter.
NOTE: Authority cited: Sections 18015, 18031. i 8050(c), 18052 and 18075,
Health and Safety Code, Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sec-
tions 18001.8, 18053.5 and 18056.2, Health and Safety Code; and Sections
11077.] and 11 102.1. Penal Code.
History
1. Certificate of Compliance including amendment of subsection (f)(13) trans-
mitted 10 OAL 1 1-3-82 and filed 12-15-82 (Register 82. No. 51).
•
Page 238
Register 2005, No. 52; 12-30-2005
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
^ 5022
2. Amcnclincnt filed 2-1-84; cHcL'ii\c upon filing pursuant H) Govcrnnienl Code
section I 1346.2(d) (Register 84. No. 3).
3. Ariiendiiient liled 5-8-86 as an emergency: effective upon Tiling (Register 86.
No. 19). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-5-86.
4. Reinstatement of section as it existed prior to ciiiergeney amendment Hied
.5-8-86 bv operation ol'Government Code section I 1 346. 1 (f) ( Register 86, No.
50).
5. Kditorial correction ol piintinu errors in subsections (d)(6) and (8) and (c)(7)
(Register 91. No. 32).
6. Ainendmeni filed I 1-2,5-91; operative 12-26-91. (Register 92. No. 12).
7. New subsection (b). subsection relettering, repealer of former subsections
(g)-(g)(2) and amendment of NoTi 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 re|iealecl by operation of law
on the lt)llowing day.
8. New subsection (b). subsection relettering. repealer of former subsections
(g)-(g)(2) and amendment of Noti refiled 8-4-98 as an emergency, including
amendment of subsection (f)(6); operative S-4-98 (Register 98. No. 32). A Cer-
tificate t)f Compliance must be transmitted to OAL by 12-2-98 or emergency
language w ill be repealed by operation of law on the following day.
9. Certificate ot Compliance as to 8—4-98 order, including amendment of subsec-
tion (b). transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
10. Amendment ol section, including repealer of form HCD-OL 90, and amend-
ment of Noil filed 1 1-7-2005; operative 1 1-7-2005 pursuant to Government
Code section 1 1.343.4 (Register 2005. No. 45).
1 I . Amendment of article 3 heading filed 1 2-29-2005; operative 1-1-2006 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 52).
§ 5020.5. License and 90-Day Certificate Application
Review and Notice of Department Decision.
(a) Wiihin 7 calendar day sol" receiving applications in the office desig-
nated on the application forms for an occupational license, the depart-
ment shall review each license application received pursuant to this chap-
ter, and notify the applicant in writing of either the acceptance of the
application lor filing, or the rejection of the application due to incom-
pleteness or errors, specifically identifying the incompleteness or errors
and what must be done in order to make the application complete and ac-
ceptable.
(b) Within 120 calendar days of receiving a cotnpleted and acceptable
application, the department shall conduct an investigation pursuant to
Health and Safety Code Section 1 8052 of each person identified on the
application, and each proposed place of business within this state; deter-
mine ifthe provisions oflaw and this chapterapplicable to the application
have been satisfied, and either issue a license or a written notice of refus-
al. The written notice of refusal shall specify the reasons why approval
may not be granted.
(c) A survey conducted pursuant to Government Code Section 15376
of the department's performance determined the minimum, median and
maximum elapsed time between receipt of a completed application for
a manufacturer, distributor, or dealer license or transportation decal and
reaching a final decision; the results are as follows:
( 1 ) Minimum: 2 1 calendar days
(2) Median: 63 calendar days
(3) Maximum: 463 calendar days
(d) A survey conducted pursuant to Government Code Section 15376
of the department's performance determined the minimum, median and
maximum elapsed time between receipt of a completed application for
a salesperson license and reaching a final decision; the results are as fol-
lows:
( 1 ) Minimum: 1 5 calendar days
(2) Median: 57 calendar days
(3) Maximum; 344 calendar days
(e) The department may exceed the maximum time as provided in sub-
sections (a) and (b). if any of the following occurs:
( 1 ) the number of applications is 1 5 percent greater than for the same
calendar quarter of the preceding year.
(2) the department's application processing is delayed due to finger-
print rejection or fingerprint processing by the California Department of
Justice or the Federal Bureau of Investigation.
(f) For 90-day certificate applications, the department's processing
times, from receipt of an application lo either issuance of the certificate
or refusal of issuance ol" the certificate, shall be as follows:
Minimum: 1 working day
Maximum: 7 working days
(g) The applicant may ap[)eal direclly to the Director of ihc Deparl-
menl and/or the Secretary ol" the Business, Transportation and Housing
Agency for a timely resolution of any dispute arising from a violation of
the time periods within which the dcpartmenl must process the applica-
tion. The appeal shall be decided in the applicant's favor if the deparl-
ment has exceeded the established maximum time period ol" issuance or
denial of the license or 90-day certificate and the department has failed
lo establish good cause for exceeding the time period. Ifthe appeal is de-
cided in the applicant's favor, the applicant shall receive full reimburse-
menl of any and all filing fees paid to the deparlment.
Norr.: Authority cited: Section 15376, Government Code; and Section 18052.6,
Health and Safety Code. Reference: Section 15376. Gt)vernment Code; and Sec-
tions 18050 and '18052.6. Health and Safely Code.
Hi, STORY
1. New section filed 2-1-84; effective upon filing pursuant to Government Code
Section 1 1.346.2(d) (Register 84, No. 5).
2. Amendment of subsections (a) and (b). adoption of subsections (f) and (g) and
amendment of Non filed 1 1-25-91; operative 12-26-91. (Register 92. No.
12).
§ 5021 . Abbreviated Application for Applicants with
Business or Personal History Irregularities.
(a) Occupational licen,se applicants with previous business or personal
history irregularities wishing to determine licensing eligibility may sub-
mit an abbreviated application with the following items:
( 1 ) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, and Dealers,
Part A, form HCD OL 12 (Rev. 1 1/05), which is incorporated by refer-
ence.
(2) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, Dealers and
Salespersons, Part B, form HCD OL 29 (Rev. 1 1/05), which is incorpo-
rated by reference.
(3) For each applicant shown on Part A, fingerprints must be submitted
through the Live Scan fingerprint process. Unless exempted by DOJ, ap-
plicants shall provide a properly completed and legible copy of form
HCD OL 8016 (New 1 1/05), "Request for Live Scan Service", which is
incorporated by reference, or the equivalent form provided by DOJ. The
HCD OL 8016 form or DOJ equivalent forin must provide evidence that
the fingerprints have been submitted to DOJ and that the deparlment is
properly listed as the agency to receive any criminal history informatit)n.
Applicants applying for an exemption from the Live Scan process must
submit their exemption requests through the department on the forms
prescribed by DOJ. Fingerprints must be processed by a law enforcement
agency or a DOJ-certified fingerprint roller. Additional fingerprinting
may be required ifthe submitted fingerprints are rejected by DOJ or the
Federal Bureau of Investigation;
(4) Non-refundable original application fee, specified by Section
5040 of this subchapter.
(b) After the department has determined from the abbreviated applica-
fion that an applicant is eligible, all other forms and items required by
Section 5020 of this subchapter must be submitted to the department be-
fore a license or temporary permit will be issued.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: See-
lions 1 8001 .8, 1 803 1 . 1 8045, 1 8050. 1 8050.5 and 1 8052, Health and Salet v Code;
and Sections 1 1077.1 and 1 1 102.1, Penal Code.
History
1. Amendment filed 2-1-84; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 84, No. 5).
2. Amendment of section and NoTiz filed 1 1-7-2005; operative I 1-7-2005 pur-
suant to Government Code section 1 L343.4 (Register 2005, No. 45).
§ 5022. Examinations.
(a) Each applicant for a dealer or salesperson license shall take and
successfully complete an examination administered by the department as
specified in this section. On or after January 1 , 1 987, each person apply-
ing for the manufactured home/mobilehome dealer or salesperson ex-
amination shall provide proof of having attended an approved prelimi-
Page 239
Register 2005, No. 52; 12-30-2005
§ 5023
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
nary education program within the six (6) month period prior to the date
of application for the license examination. Proof of attendance shall be
evidenced by a serial number of a Certificate of Completion issued pur-
suant to Section 5322.
(b) Applicants for a dealer license subject to the examination require-
ment shall successfully complete the Manufactured Home/Mobilehome
Dealer Examination or, in the case of an applicant wishing to sell only
commercial coaches, the Commercial Coach Dealer Examination.
(c) All applicants for a salesperson license shall successfully complete
the Manulactured Home/Mobilehome Salesperson Examination or. in
the case of an applicant wishing to sell only commercial coaches, the
Commercial Coach Salesperson Examination.
(d) Holders of and applicants for a commercial coach dealers or sales-
persons license wishing to sell manufactured homes or mobilehomes will
be required to take and successfully complete the applicable Manufac-
tured Home/Mobilehome Examination.
(e) Holders of a valid salesperson license applying for a dealei" license
shall take and successfully complete the appropriate Dealer Examina-
tion.
(f) Holders of a continuously valid dealer license issued in this state
on or after July 1. 1976, applying for a salesperson license will not be sub-
ject to the examination requirement.
(g) The examination of any applicant found leaving the prescribed ex-
amination area or using reference material of any kind before completion
and return of the examination for correction or otherwise cheating will
be given a failing grade.
(h) All disputes or questions concerning the department's examination
questions, answers, or examination procedures shall be submitted to the
department in writing.
(i) For each examination taken, the applicant shall pay a non-refund-
able fee as specified in Section 5040.
NOTC: Authority cited: Section 18015. Health and Safety Code. Reference: Sec-
tions 18053.5 arid 18056.2, Health and Safety Code.
History
1 . Amendment filed 2-1-84; effective upon tiling pursuant to Government Code
Section 1 1346.2(d) (Register 84, No. 5).
2. Amendment of subsection (a) filed 5-8-86 as an emergency: effective upon fil-
ing (Register 86, No. 19). A Certificate of Compliance must be transmitted to
OAL within 120 days or emergency language will be repealed on 9-5-86.
3. Reinstatement of subsection (a) as it existed prior to emergency amendment
filed 5-8-86 by operafion of Govemment Code Section 1 1346.1(f) (Register
86, No. 50).
4. Amendment of subsection (a) filed 4-6-87 as an emergency; effective upon fil-
ing (Register 87, No. 15). A Certificate of Compliance must be transmitted to
OAL within 120 days or emergency language will be repealed on 8-4-87.
5. Certificate of Compliance inciudini; amendment of subsecfion (a) transmitted
to OAL 6-26-87 and filed 7-27-87 (Register 87, No. 32).
6. Amendment of subsection (a) filed 1 1-5-87; operafive 12-5-87 (Register 87,
No. 46).
§ 5023. Temporary Permits.
The department, after a preliminary investigation of department re-
cords and of the information provided by the applicant for an Occupa-
tional License, and determining compliance with the applicable provi-
sions of Section 5020, may issue a temporary permit allowing the
applicant to operate as a licensee for a period not to exceed 120 days
pending the completion of the investigation of the applicant required by
law. A temporary permit is subject to cancellation by the department as
provided by law.
NOTE: Authority cited: Section 18015. Health and Safety Code. Reference: Sec-
tion 18052, Health and Safety Code.
History
1. Certificate of Compliance including amendment transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82, No. 51).
2. Amendment filed 2-1-84; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 84, No. 5).
§ 5023.5. 90-Day Certificate Contents and Posting.
(a) The 90-day certificate issued by the department shall contain but
is not limited to the following inforination:
( 1 ) The 9()-day cerlificale holder's name;
(2) The employing dealership name, location of employment, and the
dealer's occupational license number;
(3) The 90-day certificate effective date and expiration date; and
(4) The 90-day certificate number issued by the department.
(b) Upon delivery by the 90-day certificate holderofhisor her 90-day
certificate to the employing dealer, the employing dealer shall post the
certificate in a place conspicuous to the public on the premises where the
90-day certificate holder is actually engaged in the selling or leasing of
manufacttired homes, mobilehomes, or commercial coaches for the em-
ploying dealer. The 90-day cerlificale shall be displayed continuously
during the 90-day certificate holder's einployment.
(c) An expired 90-day certificate shall not be posted at the dealer's
place o\' business, but shall be returned to the 90-day certificate holder
for forwarding to the department.
NOTt: Authority cited: Section 1801 5 and 18052.6. Health and Safety Code. Ref-
erence: Sections 18052.6. 18052.7 and 18063, Health and Safety Code.
History
1. New section filed 1 1-25-91: operative 12-26-91. (Register 92, No. 12).
§ 5024. Established Place of Business Relocation,
Elimination or Addition.
Any licensee relocating, eliminating or adding an established place of
business shall notify the department at least ten (10) days prior to the ef-
fective date of the change.
(a ) Manufacturers, dealers and/or distributors relocating the site of the
established place of business must notify the department by the subinittal
of the following forms and items for each established place of business
relocation.
(1) Occupational License Application for Manufactured Home/Mo-
bilehome/Coinmercial Coach Manufacturers. Distributors, and Dealers,
Part A.
(2) Occupational License Application for Manufactured Home/Mo-
bilehome/Commercial Coach Manufacturers, Distributors, and Dealers,
Part C, for each established place of business.
(3) Photographs: One photograph showing the exterior of the new of-
fice. In addition, manufacturers must submit one photograph showing the
new manufacturing area.
(4) The Relocation of Business Fee specified by Section 5040.
(b) Manufacturers, dealers and/or distributors eliminating established
places of business must notify the department by the submittal of Appli-
cation for Occupational Licensing, Part A.
(c) Manufacturers adding an established place of business must notify
the department by the submittal of the following forms and items for each
new established place of business.
(1 ) Occupational License Application for Manufactured Home/Mob-
ilehome/Commercial Coach Manufacturers, Distributors, and Dealers,
Part A.
(2) Occupational License Application for Manufactured Home/Mo-
bilehome/Commercial Coach Manufacturers, Distributors, and Dealers,
Part C, for each new established place of business.
(3) Photographs of each new established place of business: one photo-
graph showing the manufacturing area and one photograph of the exteri-
or of the office.
(4) The original license application fee specified by Section 5040 for
each new established place of business, prorated in accordance with Sec-
tion 5030(g).
(d) Dealers adding an established place of business must notify the de-
partment by the submittal of the following forms and items for each new
established place of business.
(1) Occupational License Application for Manufactured Home/Mo-
bilehome/Commercial Coach Manufacturers, Distributors, and Dealers,
Part A.
(2) Occupational License Application for Manufactured Home/Mo-
bilehome/Commercial Coach Manufacturers. Distributors, and Dealers,
Part C, for each new established place of business.
Page 240
Register 2(X)5, No. 52; 12-30-2005
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
§ 5025
(3) Phoiographs ol'each new established place ofbusiness: one pholo-
graph showiniZ the exlerior of Ihe olTice.
(4) A Letter of Aulhori/alion iVom. and a copy of any franchise or con-
tractual agreement with, each nianut'acturer indicating its approval to sell
manuractured homes, mobiiehomes or commercial coaches at each new
established place of business address (NOT required of used dealers).
{5) A list ol' any new manufacturers" names, addresses and brand
names or model designations to be oflered for sale.
(6) A list of names, home addresses and license numbers of all sales-
peisons and managing persons to be employed at each new established
place o\ business.
(7) The original license application fee specified by Section 5040 for
each new established place ofbusiness. prorated in accordance with Sec-
tion 5().^()(g).
(e) Distributors adding an established place ofbusiness must notify the
Department by the submittal of the following forms and items for each
new established place of business.
( 1 ) Occupational License Application for Manufactured Home/Mo-
hilehome/Commercial Coach Manufacturers, Distributors, and Dealers,
Hart A.
(2) Occupational License Application for Manufactured Honie/Mo-
bilehome/Coniinercial Coach Manufacturers, Distributors, and Dealers,
Part C, for each new established place ofbusiness.
(3) One photograph showing the exterior of the office.
(4) A list of any new manufacturers" names, addresses and brand
names or model designations to be distributed from each new established
place of business.
(5) A copy of the warranty (o be offered with the sale of new manufac-
tured homes or mobiiehomes.
(6) The original license application fee specified by Section 5040 for
each new established place ofbusiness. prorated in accordance with Sec-
tion 503()(g).
NoiTi: Authority cited; Section 18()1.S. Health and Safety Code. Reference; Sec-
tions 18045.6 and 18055, Health and Safety Code.
Hist OK Y
1. Certifrcate orComplianee includins amendment transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82. No. 51 ).
2. Amendnieni filed 2-1-84; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 84, No. 5).
3. Change without regulatory effect amending subsections (a)(3) and (d)(3) filed
9- 1 5-94 pursuant to section 1 00. title 1 . California Code of Regulations (Regis-
ter 94. No. .•^7).
§ 5025. Change of Ownership.
(a) Every licensee which is changing ownership structure by termina-
tion or addition of partners or incorporation, shall notify the department
at least ten (10) days prior lo the effective date of this change by the sub-
mittal of the following:
( 1 ) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers, Distributors, and Dealers.
Part A, form HCD OL J 2 (Rev. I J/05), which is incorporated by refer-
ence.
(2) Occupational License Application for Manufactured Home/Mobi-
lehome/Commercial Modular Manufacturers. Distributors, and Dealers
and Salespersons. Part B, form HCD OL 29 (Rev. 1 1/05). which is incor-
porated by reference, for each new person shown on Part A.
(3) For each person shown on Part A. fingerprints must be submitted
through the Live Scan fingerprint process. Unless exempted by DOJ. ap-
plicants shall provide a properly completed and legible copy of form
HCD OL 8016 (New 1 1/05), "Request tor Live Scan Service", which is
incorporated by reference, or the equivalent form provided by DOJ. The
HCD OL 80 1 6 form or DOJ equivalent form must provide evidence that
the fingerprints have been submitted to DOJ and that the department is
properly listed as the agency to receive any criminal history information.
Applicants applying for an exemption from the Live Scan process rnust
submit their exemption requests through the department on the forms
prescribed by DOJ. Fingerprints must be processed by a law enforcement
agency or a DOJ-certified fingerprint roller. Additional fingerprinting
may be required if the submitted fingerprints are rejected by DOJ or the
Federal Bureau of investigation;
(4) Two full facial photographs of each new person shown on Part A.
(5) For dealers only, a Certificate of Appointment, form HCD OL 2S
(Rev. 1 1/05), which is incorporated by reference.
(6) For dealers only, proof of successful passage by each new person
shown in Part A of the Mobilehome or Commercial Modular Dealer L\-
amination, as required by law and Section 5022 of this subchapter, w ilhin
six months prior to the application date.
(7) Change of ownership structure by incorporation or change ol part-
ner or corporate officer fee specified in Section 5040 of this subchapter,
whichever is applicable.
( b) Every license which is a corporation changing the ownership strtic-
ture by the termination or addition of officers, shall notify the department
within at least ten (10) days after the effective date of the change by the
submittal of the following:
( 1 ) Notice of Change of Corporate OITicer(s) and/or Directorts) form
HCD OL 15 (Rev. 1 1/05), which is incorporated by reference;
(2) Occupational License Application for Manufactured Home/Mo-
bilehome/Commercial Modular Manufacturers, Distributors. I^ealers
and Salespersons. Part B. form HCJ) OL 29 (Rev. I 1/05). which is incor-
porated by reference, for each new officer.
(3) For each new officer and/or director, fingerprints must be sub-
mitted through the Live Scan fingerprint process. Unless exempted by
DOJ. applicants shall provide a properly completed and legible copy of
form HCD OL 8016 (New 1 J/05). -'Request for Live Scan Service"",
which is incorporated by reference, or the equivalent form provided by
DOJ. The HCD OL 801 6 form or DOJ equivalent form must provide evi-
dence that the fingerprints have been submitted to DOJ and that the de-
partment is properly listed as the agency to receive any criminal history
information. Applicants applying for an exemption from the Live Scan
process must submit their exemption requests through the department on
the forms prescribed by DOJ. Fingerprints must be processed by a law
enforcement agency or a DOJ-certified fingerprint roller. Additional fin-
gerprinting may be required if the submitted fingerprints are rejected by
DOJ or the Federal Bureau of Investigation;
(4) Two full facial photographs of each new officer, minimum si/e 1
1/4" x 1". taken from a maximum distance of six (6) feet.
(5) For dealers only, proof of successful passage by each new oJlicer
and/or director of the Manufactured Home/Mobilehome or Conmiercial
Modular Dealer Examination, as required by law and Section 5022 of this
subchapter, within six months prior to the application date;
(6) Addition of partner(s) or corporate officer(s), or elimination o\'
partner or corporate officer fee specified in Section 5040 of this sub-
chapter, whichever applicable.
NOTE: Authority cited; Section 18015, Health and Safety Code. Kelerenee; Sec-
tions 18001.8, 18050, 18060 and 18065. Health and Safely Code; and Sections
11077.1 and 1 1102.1, Penal Code.
History
1. Certificate of Compliance includine amendment transmitted lo OAL J I 3-82
and filed 12-15-82 (Register 82. No. 5).
2. Amendment filed 2-1-84; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 84. No. 5).
3. Amendment filed ,5-8-86 as an emergency; effective upon tiling (Register 86.
No. 19). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-5-86.
4. Reinstatement of secfion as it existed prior to emergency amendment filed
.5-8-86 bv operation of Government Code section 1 l.'^46.1(f) (Reizisler 86. No.
.50).
5. Change without regulatory effect repealing subsection (a)(5) and renumbering
subsequent subsections filed 7-14-9.^ pursuant to section 100. title I , California
Code of Regulations (Register 93, No. 29).
6. Change without regulatory effect amending Noir: filed 9-15-94 pursuant to
section 100, title I, California Code of Regulafions (Register 94. No. 37).
7. Amendment of section and Note filed 1 1-7-2005; operative 1 1-7-2005 pur-
suant to Government Code section 1 1343.4 (Reeister 2005. No. 45).
Page 241
Register 2005, No. 45; 1 1 - 1 1-2005
§ 5026
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 5026. Salesperson and 90-Day Certificate Holder;
Employment or Change of Employment.
(a) Every dealer shall notify ihe department in writing within 10 days
alter the employment or termination of any salesperson.
(b) Every salesperson within 10 days of changing employment shall
api)ly to the department for a replacement license by the submittal of a
written notice on the form prescribed by the department and the change
of employment fee specified in Section 5040(d)(3).
(c) Every dealer shall notify the department within 10 days after the
dealer has terminated the employment of any 90-day certificate holder.
Notification shall be provided on form HCD-OL 90A. "Application For
9()--Day Certificate Change. Correction or Replacement." dated 4/9 1 . as
set forth in Section 5038. This form is provided by the department.
(d) Every 90-day certificate holder shall notify the department within
ten days of a change of employment. Notification shall be provided on
Form HCD-OL 90. "Application for Manufactured Home/Mobilehome/
Commercial Coach 9()-Day Certificate."" dated 4/91, as set forth in Sec-
tion 5020(h)(2). This form is provided by the department. The fee speci-
fied in 5040(d)(3) shall accompany the form.
After department acceptance of the application required in this subsec-
tion and the fee specified in Section 5040(d)(3), the department will issue
a corrected 90-day certificate to the 90-day certificate holder.
NOTE; Authority cited: Section 18015, Health and Safety Code. Rclerencc: Sec-
tions 18050, 18052.6 and 18060, Health and Safety Code.
History
1. Amendment filed 2-1-84: effective upon tiling pursuant to Govemnient Code
section 11 346.2(d) (Register 84, No. 5).
2. New subsections (c) and (d) and amendment of subsection (b) and NOTr tiled
1 1-25-91; operative 12-26-91. (Register 92, No. 12).
§ 5027. Change of Residence.
(a) Every licensee or holder of a transportation decal shall notify the
department in writing within 5 days of any change in residence address
along with the change of residence fee specified in Section 5040.
(b) Every 90-day certificate holder shall notify the department within
5 days of any change in residence address using form HCD-OL 90A,
"Application for 90-Day Certificate Change. Correction or Replace-
ment," dated 4/91, as set forth in Section 5038. The fee specified in Sec-
tion 5040(e)(3) shall accompany the form. This form is provided by the
department.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tions 18050, 18052.6 and 18063, Health and Safety Code.
History
1 . Certificate of Compliance as to 3-1-82 emeraency order amending former sec-
tion 5027 filed 7-23-82 (Register 82, No. 31). See section 5040.
2. Certitlcate of Compliance includine amendment transmitted to OAL 11-3-82
and tiled 12-15-82 (Register 82, No. 51).
3. Amendment filed 1 1-23-91; operative 12-26-91 . (Register 92. No. 12).
§ 5028. Change of Personal Name.
(a) Every licensee or holder of a transportation decal shall notify the
department in writing within 10 days of any change in his or her personal
name along with the change in personal name fee specified in Section
5040.
(b) Every 90-day certificate holder shall notify the department within
10 days of any change in his or her personal name using form HCD-OL
90A, "Application For 90-Day Certificate Change, Correction or Re-
placement'" dated 4/91 , as set forth in Section 5038. This form is provided
by the department.
Upon department receipt of the completed application forin HCD-OL
90A and receipt of the fee required by Section 5040(e)(2), the departinent
shall issue a corrected 90-day certificate to the 90-day certificate holder.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tions 18050, 18052.6 and 18054(e), Health and Safety Code.
History
1. Amendment filed 1 1-25-91; operative 12-26-91 (Register 92, No. 12).
2. Change without regulator)' effect amending Note filed 9-15-94 pursuant to
section 100. title 1 , California Code of Regulations (Register 94, No. 37).
§ 5029. Change of Franchise or Authorization.
Every manufacturer, distributor or dealer shall notify the departinent
in writing within 10 days ol'the effective date of any change, addition or
cancellation of any franchise, contractual agreement or authorization to
sell manufactured homes, mobilehoines. or cominercial coaches.
NOTE: Aulhorilv cited: Section [8045.6. Health and Safety Code. Reference: Sec-
tion 18045.6. Health and Safety Code.
§ 5030. Renewal of Licenses.
(a) kis the responsibility of each licensee to renew its license pursuant
to the requirements of law and this chapter.
(b) Licensees who fail to make application for renewal for a license
when required shall, in addition to the fees required pursuant to Section
5040, pay a penalty of 50 percent of the relevant license fee.
(c) Failure to renew a license before its expiration dale results in auto-
matic cancellation of the license. Any person whose license has expired
cannot renew it and may receive a new one only by applying for a new
licen.se pursuant to the requirements of law and this chapter and paying
the penally prescribed in subdivision (b).
(d) Any check received for renewal that is subsequently dishonored
and not reimbursed before the expiration date will result in the cancella-
tion of the applicanfs license.
(e) The following language shall become effective on January 1 , 1 984.
Every occupational license issued to a inanufacturer, distributor or dealer
shall expire on the last day of the 24th month following the date of is-
suance of the temporary permit issued pursuant to Section 5023. Every
occupational license renewed by a manufacturer, distributor or dealer
shall be for a term of 24 months. The application to renew an occupation-
al licen.se held by a manufacturer, distributor or dealer must be either re-
ceived by the department or postmarked during the month preceding the
month of expiration. Applications postmarked or delivered in person to
the department during the month of expiration shall be subject to a 50 per-
cent penalty. A license may not be renewed after its expiration date.
(0 Salespersons" licenses expire on the last day of the 24th month fol-
lowing the date of issuance of the temporary permit pursuant to Section
5023. Renewal of a salesperson" s license shall be for a 24-month term.
Renewal may not be made more than 90 days prior to the expiration date.
A 50% penalty fee shall be added if the renewal apphcation and fee are
not postmarked or received by the department 30 days prior to expiration.
(g) Licensees applying for a secondary place of business(es) licen.se
will be issued licenses for a term concurrent with the existing licensure
terin. Fees will be based on the applicable original application fee speci-
fied in Section 5040, but shall be prorated consistent with the remaining
license term.
(h) Each licensee, when applying for renewal of a license, shall present
docuiTientation necessary to determine the licensee's eligibility to re-
ceive public benefits pursuant to chapter 5.5 of this division, beginning
with section 5802.
Note. Authodtv cited: Section 18015, Health and Safetv Code. Reference: 8
U.S.C. Sections 'l 621. 1641 and 1642; and Sections 18054, 180.^4.7 and 18055,
Health and Safety Code.
History
1. Amendment filed 2-1-84; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 84, No. 5).
2. Amendment filed 5-8-86 as an emergency; effective upon filing (Register 86,
No. 19). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-5-86.
3. Reinstatement of section as it existed prior to emergency amendment filed
5-8-86 by operation of Government Code secfion 1 1 346. 1(f) (Recister 86, No.
50).
4. Change without regulatory effect amending subsection (f) and Note filed
9-1 5-94 pursuant to section 1 00, fitle 1 , California Code of Regulations (Regis-
ter 94, No. 37).
5. Amendment of section heading, section and Note filed 3-20-98 as an emergen-
cy; 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.
6. Amendment of section heading, section and Note refiled 8^1-98 as an emer-
gency; operauve 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 re-
pealed by operafion of law on the following day.
•
Page 242
Register 2005, No. 45; 11 - 1 1-2005
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
^ 5038
7. Cfriilicatc orCornpliancc as to 8-4-98 order, including amendment ol'subsec-
lion (h). iransmitied to OAL 12-1-98 and filed 1-14-99 (Register 99. No 3).
§ 5032. Change of Supervising Managing Employee.
Every dealer shall notify tlie departmenl vvilhin 5 days of a change in
the desigtialed supervising managing employee. Nolificalion shall be
provided on form HCD-OL 90, "Application For Manufactured Home/
Mobilehome/Commereial Coach 90-Day Certificaie," dated 4/9 1 , as set
forth in Section 5020(h)(2). The fee specified in Section 5040 (c)(S) shall
accotnpany the form. This form is provided by the department.
NoTt:; Aiilhont v cited: Sections 1 80 1 .-S and 1 80.S2.6, Health and Safety Code. Ref-
erence: .Sections i8().S2.6and 18052.7.
Hisiom'
i. New section filed I 1-25-91; operative 12-26-91. (Register92. No. 12).
§ 5034. Change of Employment Location.
(a) Every dealer shall notify the deparlinenl within 15 days of any
change in the employment location of any 90-day certificate holder in
the dealer's employ by using form HCD-OL 90A. "Application For
90-Day Certificate Change Correction or Replacement," dated 4/91, as
set forth in Section 5038. The fee specified in Section 5040(e)(9) shall
accotnpany the form. This form is provided by the department.
(h) If the change in employment location also changes the person des-
ignated as the "Supervising Managing Employee," the dealer shall also
comply with the notification requirements of Section 5032.
After deparltnent receipt of the completed application form(s) and re-
ceipt of the required fee(s). the department will issue a corrected 90-day
certificate to the 9()-day certificate holder.
NOTI.; Aiiihority cited: Sections 1 801 .5 and 1 80.52.6. Health and Salctv Code. Ret
erence: Section 18052.6, Health and Safety Code.
HiSIORY
1. New section tiled 1 1-25-91; operative 12-26-91, (Register 92, No 12).
§ 5036. Replacement 90-Day Certificate.
A 90-day certificate holder shall request fiom the department, within
5 days of the loss ordestiiiction of a certificaie, the replacement of a lost
or destroyed certificate by using form HCD-OL 90A "Application for
90-Day Certificate Change, Correction or Replacement," dated 4/9 1 . as
set forth in Section 5038. The form is provided by the department. Upon
department receipt ol'the completed application form HCD-OL 9()A and
the fee required by Section 5040(e)( I ), the departmenl will issue a ic-
placetnent 90-day certificate to the 9()-day certificaie holder. The de-
partment shall not be required to issue a replacement 9()-day certificaie
if the 90-day certificate period has lapsed.
NOTK: Authority cited: Sections 1 801 5 and 1 8052.6, Health and Safety Code. Ref-
erence: Section 180.52,6, Health and Safety Code,
History
1, New section tiled 1 1-2.5-91 ; operative 12-26-91. (Register 92, No. 12).
§ 5038. Application Requirements For 90-Day Certificate
Change, Correction Or Replacement.
(a) Application for change, correction, or replacement of a 90-day cer-
tificate shall be made using form HCD-OL 90A, "Application for
9()-Day Certificate Change, Correction or Replacement," dated 4/9 1 , as
set forth in subsection (b). This form is provided by the department.
(b) Form HCD-OL 90A, "Application lor 90-Day Cerlificate
Change, Correction or Replacement," dated 4/9 I.-
Page 243
Register 2005, No. 45; 1 1 - 1 1-2005
§ 5038
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF COOES AND STANDARDS
OCCUPATIONAL LICENSING PROGRAM
(916) 323-9803
APPLICATION FOR 90-DAY CERTIFICATE
CHANGE, CORRECTION OR REPLACEMENT
DEPARTMENT USE ONLY
Date of Collection:
Collection No. :
Fee Collected:
SECTION 1 - PURPOSE OF APPLICATION
CHECK THE APPROPRIATE BOX(ES) TO INDICATE THE PURPOSE OF THE APPLICATION SUBMITTAL, AND FOLLOW THE INSTRUCTIONS PROVIDED.
(a) n CHANGE OF RESIDENCE (Certificate Holder: Complete Sections 1, 2 and 7, return old 90-DAY CERTIFICATE to the Department with
this application)
(b) D TERMINATION (Dealer: Conplete Section 1 and 3)
(c) D PERSONAL NAME CHANGE (Certificate Holder: Connplete Sections 1, 4 and 7 return old 90-DAY CERTIFICATE to the Department with
this application )
(d) O EMPLOYMENT LOCATION CHANGE (Same Employing Dealer)(Dealer: Complete Sections 1, 5, return old 90-DAY CERTIFICATE to the
Department)
(e) D OBTAIN REPLACEMENT 90-DAY CERTIFICATE (Certificate Holder: Complete Sections 1, 6 and 7, return old 90-DAY CERTIFICATE, if
available to the Department with this application)
NOTE: COMPLETE SECTION 8 IF THE OLD 90-DAY CERTIFICATE IS NOT RETURNED WHEN REQUIRED.
This application shall be acconpanied by the fee in accordance with the California Code of Regulations, Title 25, Chapter 4,
Section 5040 for items (a) through (e) above as follows:
(a) Change of Residence - $15.00
(b) Termination - No fee required
(c) Personal Name Change -$15.00
CERTIFICATE
HOLDER NAME
(d) Employment Location Change - $15.00
(e) Replacement 90-Day Certificate - $25.00
90-DAY CERTIFICATE NO.
Last
F i rst
Middle
SECTION 2 - RESIDENCE ADDRESS CHANGE
NEW RESIDENCE ADDRESS
TELEPHONE (
Number and Street
MAILING ADDRESS (If different)
City
State
Zip Code
P.O. Box or Number and Street
City
State
Zip Code
EFFECTIVE DATE
SECTION 3 - TERMINATION
DEALERSHIP NAME
EFFECTIVE DATE
DEALER LICENSE NO.
DEALER REPRESENTATIVE
Sign
Type or Print Name
Title
SECTION 4 - PERSONAL NAME CHANGE
NEW NAME
EFFECTIVE DATE
Lasl
First
Middle
SECTION 5 - CERTIFICATE HOLDER CHANGE OF EMPLOYMENT LOCATION (Same enpioying dealer)
DEALERSHIP NAME DEALER LICENSE NO.
NEW LOCATION OF EMPLOYMENT
Number and Street
City
State
EFFECTIVE DATE
Zip Code
FORMER LOCATION OF EMPLOYMENT
Number and Street
City
SEE PAGE 2 - REVERSE SIDE
[The next page is 247. J
State
Zip Code
Page 244
Register 2005, No. 45; 11-11-2005
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
S 5038
SECTION 6 - REPLACEMENT 90-DAY CERTIFICATE
CERTIFICATE HOLDER NAME
90-DAY CERTIFICATE NO.
Middle
ADDRESS
Number and Street
MAILING ADDRESS (If different)
City
State
P.O. Box or Number and Street City State
REPLACEMENT IS DUE TO: D LOSS lH MUTILATION D ERROR D OTHER
Briefly explain circumstances:
Zip Code
Zip Code
SECTION 7 - CERTIFICATE HOLDER CERTIFICATION
I,
Type or Print Name
contained herein is true and correct to the best of my belief.
SIGNATURE
_, certify under penalty of perjury that the information
DATE
SECTION 8 - STATEMENT OF FACTS
I,
, the undersigned, hereby declare that I am unable to surrender
Type or Print Name
the 90-DAY CERTIFICATE required to be returned with this Application for 90-Day Certificate Change, Correction, or Replacement
because:
I acknowledge that said 90-day certificate remains the property of the Department of Housing and Community Development. Should
this 90-day certificate be located or come into my possession at a later date, I will surrender it to the nearest Housing and
Community Development Office.
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
EXECUTED ON
Date
IN THE COUNTY OF
STATE OF
SIGNATURE
SUBMIT TO:
Department of Housing and Community Development
Occupational Licensing Program
P.O. Box 31
Sacramento, CA 95812-0031
Page 247
Register 2005, No. 52; 12-30-2005
§5040
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Noii;: Authority cited: Sections 1801 5 and 18052.6. Health and Safety Code. Ret-
eience: Section 18052.6. Health and Safety Code.
History
1. Mew section filed 1 1-25-91; operative 12-26-91. (Register92, No. 12).
§ 5040. Fees.
(a) Manufacturer and Distributor.
(1) Original License Applicaiion: Five hundred eighty-two dollars
($582) per year for each esiablished place of business.
(2) Renewal of License: Five hundred dollars ($500) per year for each
esiablished place of business.
(b) Dealers.
(1) Original License Applicaiion: Five hundred eighty-lwo dollars
($582) per year for each established place of business.
(2) Renewal of License: Four hundred five dollars ($405) per year for
each established place of business.
(c) Salesperson and 90-Day Certificate Holder.
(1 ) Original Salesperson License Application: Two hundred nineteen
dollars ($219).
(2) Renewal of Salesperson License: One hundred fifty dollars ($ 1 50).
i^} Change of Salesperson or 90-Day Certificate Holder Employment
Fee: Forty-five dollars ($45).
(4) Original 90-Day Certificate Application: One hundred thirty-four
dollars ($134).
(d) Duplicate Licenses, 90-Day Certificates, and Reports of Change
for All Licensees and 90-Day Certificate Holders.
( 1 ) Duplicate License or 90-Day Certificate: Forty-five dollars ($45).
(2) Change in Business or Personal Name: Forty-five dollars ($45).
(3) Change in Business Mailing or Personal Address: Forty-five dol-
lars ($45). ^
(4) Elimination of Partner or Corporate Officer: Seventy-two dollars
($72).
(5) Addition of Partner(s) or Corporate Officer(s): One hundred thirty
dollars ($130).
(6) Relocation of Business: Three hundred fifty-eight dollars ($358).
(7) Change of Ownership Stiucture by Incorporation: Seventy-two
dollars ($72).
(8) Change of Supervising Managing Employee: Forty-five dollars
($45).
(9) Change of Employment Location for 90-Day Certificate Holders:
Forty-five dollars ($45).
(e) Examinations.
(!) Dealer Examination: One hundred ten dollars ($110) for each ex-
amination taken.
(2) Salesperson Examination: Eighty-six dollars ($86) for each ex-
amination taken.
(f) Investigative and Technical Services.
(1) One hundred ninety-six dollars ($196) provided the investigative
or technical service does not exceed one hour. When the investigative or
technical service exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dol-
lars ($41).
(g) Information, Photocopying, Certification, Forms and Photos.
(1) Search for Information: Forty-five dollars ($45) per subject,
whether information is found or not.
(2) Summary of Employment: Fifty-three dollars ($53) per licensee.
(3) Photocopies of Documents: Five dollars ($5.00) per page.
(4) Certified Copies of Documents: Twenty-five dollars ($25) per
document.
(5) Certification of Information on File: Forty-five dollars ($45).
(6) Full facial photograph fee: One dollar and fifty cents ($1.50) per
photo.
(7) Examination Study Guide: Twenty-nine dollars ($29).
(h) Statewide Licensee Lists.
(1 ) Manufacturers: Fifty-five dollars ($55).
(2) Dealers: Fifty-five dollars ($55).
(3) Distributors: Fifty-five dollars ($55).
(4) Salespersons: Sixty dollars ($60).
(i) Dealer Report of Sale Filing Fee: Twenty-five dollars ($25) for
each report of sale Died with the departinent.
Neyrt. Authontv cited: Sections 180L5. 18031 and 18052.6. Health and Safety
Code. Reference: Sections 18031. 18045.6. 180.50. 18052.6. 18053.5 and 18055.
Health and Safety Code.
History
1 . Repealerof forinerSection 5027 and adoption as new Section 5040 filed 7-7-82
(See History for Chapter 4 under Section 5000) (Register 82. No. 28). Certifi-
cate ol Compliance as to 3-1-82 eniergencv order amending former Section
5027 filed 7-23-82 (Register 82. No. 3 1 ).
2. Certificate of Compliance includine ainendment transmitted to OAL 1 1-.V82
and filed 12-15-82 (Register 82. No. 51 ).
3. Amendnicnl filed 2-1-84; effective upon filine pursuant to Government Code
Section 1 1 346.2(d) (Register 84. No. 5).
4. Amendment filed 1 1-29-89; operative 1 1-29-89 (Register 89, No. 49).
5. Amendment of subsections (d)-(e)(l), adoption of subsections (e)(8) and (e)(9).
repealer of subsection (j) and subsection renumbering and amendment, and
amendment of Non- filed 1 1-2.5-91; operative 12-26-9], (Reeister 92. No.
12).
6. Amendment filed 12-29-2005; operafive 1-1-2006 pursuant to Government
Code section 1 1 343.4 (Register 2005, No. 52).
§5041. Refunds.
Fees paid to the department pursuant to this chapter are not refundable,
except in a case where the department has not already incuired expense,
and a request is submitted in writing explaining circumstances for the re-
fund justifying special consideration.
NOTIZ: Authority cited: Sections 18015 and 1 803 1. Health and Safety Code. Ref-
erence: Section 18055. Health and Safety Code.
§ 5042. Insufficient Checks.
Where any check offered in payment for fees or charges pursuant to
this chapter is returned without payment for any reason, a charge often
dollars ($10.00) shall beimposed and shall becoine a part of the total obli-
gation in addition to other consequences perinitted by law and this chap-
ter.
NOTE: Authority cited: Section 18015. Health and Safety Code and Section 6157,
Government Code. Reference: Section 18060, Health and Safety Code.
§ 5043. Dealer Report of Sale Filing Fee.
A Report of Sale Filing Fee specified by Section 5040 shall be paid to
the Department with each dealer's Report Sale filed pursuant to Health
and Safety Code Section 18080.5.
NOTE: Authoiitv cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 18031. Health and Safety Code.
History
1 . New section filed 2-1-84; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 84. No. 5).
Article 5.
Advertising Listing Agreements
and Sales Practices
§ 5050. General Advertising.
(a) Any advertised statements, representations, or offers made in con-
nection with the sale, attempted sale, listing for sale, or attempted hsting
for sale of any manufactured home, mobilehome or commercial coach
shall be clear, based on facts, and subject to the requirements of law and
this chapter.
(b) Any advertiseinent by a dealer of a specific manufactured home,
mobilehome or commercial coach shall include the dealer's name, its
manufacturer or model name, year model and at least one of the following
items:
( 1 ) The serial number assigned by its manufacturer, or
(2) The federal label number, or
(3) The Department insignia number.
Year models are no longer current when ensuing year models are ad-
vertised or made available for purchase at retail by the manufacturers.
Page 248
Register 2005, No. 52; 12-30-2005
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
^ 5(156
(c) If a license advertises any manufaelured home, niobiiehome or
commercial coach used in ils business as a lot model, display unit orol-
fice. the licensee shall clearly disclose the previous use made thereof.
(d) A licensee shall advertise any manufactured home, mobilehome or
commercial coach which has been previously sold at retail, registered or
otherwise required to be registered expressly as a used manufactured
home, mobileht)me or commercial coach.
NOTh; Authority cilccl: Section 18015, Health and Safely Code. Rclerencc: Sec-
nons 1S061. 18062 and 18062.2. Health and Safety Code.
HislOKY
1 . Certificate of Compliance incliidine anicndiiient transmitted to OAL 1 1-3-82
and hied 12-1.5-82 (Register 81. No. 51 ).
2. Amendment filed 2-6-98: operative .^-8-98 (Register 98, No. 6).
§ 5051 . Manufactured Home, Mobilehome or Commercial
Coach Condition and Physical Size.
(a) Statements of the condition of a manufactured home, mobilehome
or commercial coach must accurately rellect its known condition, and
pictures thereof must accurately depict its overall appearance.
(b) When adveilising the si/e of a tiianufactured home, mobilehome
or comrnercial coach, the si/.e shall not include measurements of projcc-
tit)ns beyond the exterior wall such as roof overhangs, hitches, drawbars,
couplings, bay windows or similar projections.
Norr,: Aulhoiily cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 1 806 1 . Health and Safety Code.
§ 5052. Manufactured Home, Mobilehome or Commercial
Coach Availability.
(a) No dealer shall advertise a specific new manufactured home, mobi-
lehome or cotiimercial coach or a class thereof for sale, unless it is in the
dealer's possession, or is available to the dealer directly from the man-
ufacturer or distributor thereof under an enforceable contractual right of
delivery or retail authorization on file with the department between the
advertising dealer and the manufacturer or distributor.
(b) A dealer iTuist sell advertised rnanufactured hornes, mobilehomes
or commercial coaches at or below the advertised price irrespective of
whether or not the advertised price has been communicated to the pur-
chaser.
(c) Dealers displaying models which contain features, items or materi-
als no longer available from the manufacturer, shall disclose such facts
to prospective purchasers of homes whose order is based upon the dis-
play model.
Noi H: Authority cited: Section 18015. Health and Safety Code. Reference: .Sec-
tions 18061 and 18062.2, Health and Safety Code.
History
1. Certificate of Compliance includine amendment transmitted to OAL 1 l-.^-X2
and filed 12-1.5-82 (Register 82. No. 51).
2. Amcndmeni o( subsection (b) tiled 2-6-98; operative 3-8-98 < Register 98, No.
6).
$ 5053. Free Merchandise, Savings Claims and Rebates.
(a) No licensee shall advertise or represent any merchandise, services,
accessories or products as "'free" with the purcha.se of a manufactured
home, mobilehome or commercial coach if the manufactured home, mo-
bilehome or commercial coach can be purchased from the advertiser at
a lesser price without such "free" merchandise, services, accessories or
products. Advertisements for "free" merchandise, services, accessories
or products offered in consideration of such things as "visit our show-
room" shall cleariy and completely describe the conditions under which
the "free" merchandise is offered.
(b) Dealers may advertise savings claims or discount offers on new
manufactured homes, mobilehomes or commercial coaches provided the
advertisement shows the difference between the dealer's advertised sell-
ing price for cash and the manufacturer's suggested retail price, except
sales tax, registration fees, and finance charges. Such advertisements
must include a specific reference by words, figures, or both, to the man-
ufacturer's suggested retail price.
(c) Any advertisements with reference to "rebates" on manufactured
homes, mobilehomes or commercial coaches shall clearly state the
amount and source of the rebate. No dealer shall advertise or offer a re-
bate with the purchase of a manufaelured home, mobilehome orcommer-
cial coach if the advertised manufactured home, mobilehome or com-
mercial coach can normally be purchased from the advertiser at a lesser
price without such rebated.
NOTFi: Authority cited: Section 18015. Health and Safety Code. Retercncc: Sec
lions 18061, 18()62 and 18062.2. Health and Salcty Code.
HiSIOKV
1 . Certificate of Compliance includin<: amendment transmitted to OAL. 1 1-3- 82
and filed 12-1.5-82 (register 82. No. 51 ).
2. Amendment of subsection (a), repealerol subsection (b) and subsection relcttcr-
ing filed 2-6-98: operative 3-8-98 (Register 98. No. 6).
§ 5054. Dealer Added Charges.
A dealer may not identify a separate charge or charges for services per-
formed on a manufactured home, mobilehome or commercial coach
prior to delivery to the extent the dealer is or will be reimbursed l\)r such
expenditures by another parly.
NOTE: Authority cited: Section 18015. Health and Salely Code. Relcrence: Sec-
tions 18061, 18062 and 18062.2. Health and Safety Code.
HiSIORY
1. Certificate of Compliance includinii amendment transniilted to OAL I 1-^-82
and filed 12-L5-82 (Register 82. No. 51 ).
§ 5055. Financing.
(a) Credit terms advertised shall include all charges required to place
the transaction on a time payment basis and must slate any rales in com-
pliance with Regulation Z. Advertisements of terms which include esca-
lated payments, balloon payments, or pick-up payments shall clearly
identify those payments as to their amounts and times due and must stale
any rates in compliance with Regulation Z.
(b) Licensees shall not adverdse statements such as "no finance
charge" unless there is no charge or time-price differential whatsoever
for placing the transaction on a time payment basis.
(c) Licensees shall not make claims such as "everybody financed," "no
credit rejected." or words of a similar nature unless the licensee is willing
to extend such credit to each and every individual under any and all cir-
cumstances.
(d) If qualifying words such as "on credii approval." are u.sed in con-
junction with advertised credii terms, licensees shall clearly state such
qualifying words, unabbreviated, in type size no less than 1/2 ol the type
size of the credit terms, and in close proximity thereto.
NOTE: Authority cited: Sechon 18015. Health and Safety Code. Retercncc: Sec-
tions 18036.5, 18061 and 18062, Health and Safety Code.
History
1. Certificate of Compliance including amendment transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82. No. 51 ).
§ 5056. Down Payment and Deposit.
(a) A licensee shall not advertise the amount of down payment and/or
deposit required to purchase a manufactured home, mobilehome orcom-
inercial coach unless it is clearly identified as being a down payment or
deposit in type size not less than 1/2 the type size in which the amount
of the down payment or deposit is stated.
(b) A licensee shall not advertise the statements "no down payment,"
"no deposif or sitnilar terms unless the dealer will sell and deliver the
advertised manufactured home, mobilehome or commercial coach to any
purchaser without prior payment of any kind or trade-in.
(c) If an advertisement quotes the amount of a periodic payment, the
advertisement shall also quote the amount of the down payment or depos-
it required to qualify for the amount of the quoted periodic payment.
(d) A licensee shall not adverii.se the amount of a down payment or de-
posit unless it represents the total payment, including any payment for
sales tax, permits, tilling or registration, to be required of the purchaser
prior to delivery of the manufactured home, mobilehome or coinmercial
coach.
NOTE: Authority cited: Section 18015, Health and Safely Code: Reference: Sec-
tions 18061 and 18062.2. Health and Safety Code.
Page 248.1
Register 2(X)7, No. 27; 7-6-2007
§ 5057
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. Ccnilicatc of Compliance includini: amendment traiismitled to OAL 1 1-3-S2
and Hies 12-15-82 (Register 82, No. 51 ).
§ 5057. Representations.
A dealer or salesperson shall noi do any of ihe Ibllowing:
(a) Knowingly make a material misrepresentaiion lo the owner or sell-
er of a nianiiractured home, mobilehomeoreommereial eoaehof its like-
ly market value, either for the purpose ofseeuring a listing or lor the pur-
pose of aequiring an interest in the manufaetured home, mobilehome or
eomnieieial coaeh for the lieensee's own aeeount.
(b) State or imply to an owner or seller of a manufaetured home, mobi-
lehome or commercial coach during listing negotiations that the licensee
is precluded by law, regulation or by the rules of any group or organiza-
tion of licensees, from charging less than the commission or fee quoted
to the owner by the licensee.
(c) Fail in a transaction for the sale, lease or exchange of a manufac-
tured home, mobilehome or commercial coach to disclose to a prospec-
tive purchaser or lessee facts known to the licensee materially affecting
the value or desirability of the manufactured home, mobilehome or com-
mercial coach, when the licensee has reason to believe that such facts are
not known to, nor readily observable by a prospective purchaser or les-
see.
id) When seeking a listing, represent to an owneror seller of the man-
ufactured home, a mobilehome or commercial coach that the soliciting
licensee has obtained a bona fide written offer to purchase the manufac-
tured home, mobilehome or commercial coach, unless at the time of re-
presentation the licensee has possession of a bona fide written offer to
purchase.
(e) Fail to present or cause to be presented to the registered owner or
seller of the manufactured home, mobilehome or commercial coach any
offer to purchase or lease received prior to the preparation of the purchase
documents or rental agreement.
< f) Present competing offers to the seller to purchase the manufactured
home, mobilehome or commercial coach in such a manner as to induce
the owner or seller to accept the offer which will provide the greatest
compensadon to the dealer, without regard to the benefits, advantages,
and/or disadvantages to the owner or seller.
(g) Knowingly underesfimate the probable closing costs in a transac-
tion in a communicafion to the prospective purchaser or seller of a man-
ufactured home, mobilehome or commercial coach in order to induce that
person to make or to accept an offer to purchase the manufactured home,
mobilehome or commercial coach.
(h) Fail lo explain to the parlies or prospective parties lo a transaction
the meaning and probable significance of a confingency in an offer or
contract that the licensee knows or reasonably believes may affect the
closing date of the transaction, or the fiming of the vacating of the man-
ufactured home, mobilehome or commercial coach by the seller or its oc-
cupancy by the purchaser.
(i) Knowingly make a false or misleading representation to the seller
or purchaser of a manufactured home, mobilehome or commercial coach
as to the form, amount and/or treatment of a deposit toward purchase.
(j) Refund all or part of an offeror's purchase money deposit in a man-
ufactured home, mobilehome or commercial coach sales transaction af-
ter the registered owner has accepted the offer to purchase, unless the li-
censee has the express permission of the registered owner to make the
refund.
(k) Fail to disclose the registered owner of a manufactured home, mo-
bilehome or commercial coach the nature and extent of any direct or indi-
rect ownership interest or security interest that the licensee expects to ac-
quire as a result of the sale. The prospecfi ve purchase of the manufactured
home, mobilehome or commercial coach by a person related to the li-
censee by blood or marriage, by an entity in which the licensee has an
ownership interest, or by any other person with whom the licensee occu-
pies a special relationship shall be disclosed.
(I) Represent, without a reasonable basis, the nature and/or condition
of the interior orexleriorfeatures oraccessories of a manufactured home,
mobilehome or commercial coach when soliciting an offer.
(m) Represent, without a reasonable basis, in the case of the manufac-
tured home or mobilehome located in a mobilehome park, any character-
isfics of the mobilehome park or its operation, when solicifing an offer.
(n ) Fail to respond to reasonable inquiries of a seller as to the status or
extent of efforts to market the manufactured home, mobilehome or com-
mercial coach listed exclusively with the licensee.
(o) Fail to disclose to a potential purchaser when discussing the pur-
chase of a manufactured home, mobilehome or commercial coach, the
existence of any direct or indirect ownership interest or security interest
of the licensee in the manufactured home, mobilehome or commercial
coach.
(p) Fail to disclose to a prospective purchaser of a used mobilehome
that it may becotne subject to the age limitations as specified in Section
798.73 of the Civil Code within 3 years from the date of sale to the pro-
spective purchaser.
NOTE: Authority cited: Section 18015. Health and Safety Code. Reference: Sec-
tions 18061, 18062 and 18062.2, Health and Safety Code: Section 798.73, Civil
Code.
History
1 . Certificate of Compliance including amendment transmitted to OAL 1 1-3-82
filed 12-15-82 (Register 82, No. 51 ).
2. Amendment of subsections (k) and (o) filed 2-1-84; effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Recister 84, No. 5).
Article 6. Purchase Documents and Escrow
§ 5060. Escrow Required.
(a) Concurrent with a dealer's receipt of any cash or cash equivalent
from a purchaser at any time prior to delivery of a new or used manufac-
tured home or mobilehome subject to registration, the dealer shall ex-
ecute a mutually-endorsed receipt for deposit and purchase document.
Within three working days thereafter, the dealer must establish with an
escrow agent an escrow account into which all cash or cash equivalents
shall be deposited. The escrow shall not be established with an escrow
agent or agency in which the dealer has more than 5 percent ownership
interest.
(b) Upon the purchaser's signing of the receipt for deposit and pur-
chase document, the dealer shall provide the purchaser with a copy of
each document, which must be mutually-endorsed.
(c) Upon establishment of the escrow account, the dealer shall provide
the escrow agent, in wrifing. with the informafion required for the prepa-
ration of escrow instructions.
(d) These regulations do not imply, nor shall ihey be interpreted to re-
quire, that a recorded certificate of title or junior lienholder registration
card(s) be delivered to the purchaser through escrow as a condition of es-
crow. These regulafions shall, however, provide that a release of any
prior rights, title, or interest in a manufactured home or mobilehome be-
ing purchased or traded in as payment toward the manufactured home or
mobilehome being purchased, held by the registered owner(s), legal
owner, flooring lender shown on or in possession of a manufacturer's
certificate of origin and junior lienholder(s) be obtained as a condifion of
escrow. In the event that the dealer owns the manufactured home or mo-
bilehome and it has no liens, the dealer shall deliver into escrow either
the certificate(s) of title or the manufacturer's certificate of origin,
whichever is available.
(e) If the sale is subject to Section 1 8035.26 of the Health and Safety
Code, the escrow agent must be in receipt of the signed Declarafion of
Delivery Sale document prior to preparing escrow instructions. The date
the Declaration was received by the escrow agent shall precede the date
of preparation of escrow instrucfions.
NOTE: Authority cited: Section 18015, Health and Safetv Code. Reference: Sec-
tions 18035, 18035.1 and 18035.26, Health and Safety Code.
Page 248.2
Register 2007, No. 27; 7-6-2007
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
i^ 5062
HlSH)RY
1 . Ccililicalc orCoinpliancc incluclin*j anicndmcnl Iransniilicd to OAL 1 1-3-S2
riled 12-15 82 (kcgislcr 82, No. 5\ ).
2. Aincndnicni ot siihseclion (d) filed 2-1-84; elt'ective upon i'iling pursuant to
Goveminent Code Section 1 1346.2(d) (Register 84. No. 5).
.■5. Change witln)in regulaloiy cfTeel adding suhseclion (e) and amending Noil
riled 7-6-2007 pursuanl to seetion 100. liile 1 . California Cotle ofkeuulations
(Register 2007. No. 27).
§5061. Escrow Instructions.
From ihc iiit'orniation provided by ihc dealer, the escrow agent shall
prepare escrow instructions and any anicndnienls thereto for signing by
both the dealer and purchaser. These escrow instructions may he signed
in counterpart. Both the dealer and the purchaser shall receive copies of
the signed escrow instructions and any mutually agreed amendments,
with the originals or executed copies maintained by the escrow agent.
The escrow instructions shall contain, but are not limited to, the follow-
ing:
(a) The names and addresses of both the dealer and the purchaser;
(b) The names and addresses of the registered owner(s). legal owner
of. Ilooring lender, and any junior lienholder(s), of the manufactured
home or mobilehome.
(c) The name, address and telephone number of the escrow agent;
(d) A description of the manufactured homeormobilehoinesold tothe
purchaser by the dealer which shall include, but not be limited to: the
manufacturer name; model name, if available; size (excluding any hitch
or lowbar); model year, and a statement that prior to the close ofescrow,
the dealer shall provide the .serial numbers of the manufactured home or
mobilehome and the control number(s) of either the California Depart-
ment ot Housing andCominunity Development insignia(s) or the federal
label(s) affixed to the manufactured hoine or mobilehome, which indi-
cate compliance with applicable standards, in order to complete the de-
scription of the manufactured home or mobilehome.
(e) Identification of the amounts paid or to be paid as a deposit, down-
payment and/or balance due prior to closing, total price of the manufac-
tured home or mobilehome and all accessories or services to be provided
by the dealer as part of the sale, and any taxes, service fees, charges or
other fees. The amounts disclosed by the dealer shall be consistent with
the amounts set forth in the purchase document and receipt for deposit.
( f) A general description of and designation of the cash value of each
accessory and any installation thereof included in the purchase.
NOTt:: This requirement does not apply when the accessories have been installed
prior 10 the preparation of purchase documents.
(g) The specific address or location where the purchaser will accept
delivery of the inanufactured home or mobilehome or any accessory
thereto included in the purchase price. If the sale is subject to Section
18035.26 of the Health and Safety Code, the delivery address in the es-
crow instructions shall be the saine as the delivery address or location in
the Declaration of Delivery Sale docuinent and the purchase agreement.
(h) A statement of the conditions under which the purchaser will re-
ceive delivery of the manufactured home or mobilehome and any acces-
sory thereto.
(i) A statement that prior to the close ofescrow. the dealer shall secure
and deliver into escrow signed and acknowledged release(s) of any
rights, title or interest in the manufactured home or mobilehoine being
purchased, executed by the registered owner(s), legal owner, Ilooring
lender and any junior lienholder(s). Any such release shall be condi-
tioned upon the receipt of disbursement by the party executing the release
directly from the escrow account of the amount set forth in such release.
If the purchaser(s) is/are assuming an indebtedness as evidenced by an
existing lien, the dealer shall deliver into escrow documents executed by
the legal owner and/or junior lienholder(s) consenting to the assumption
by the buyer.
(j) A statement that prior to the close ofescrow. the dealer shall secure
and deliver into escrow a signed and acknowledged release of any rights,
title or interest in the manufactured home, mobilehome or personal real
property being sold or traded in as payment toward the manufactured
home or mobilehoine being purchased, from the registered owner(s). le-
gal owner and any junior lienholder(s). Any such release shall be condi-
tioned upon the receipt of disbursement directly from the escrow account
of the amount sel forth in such release. If the dealer is assuming an exist-
ing lien, he or she shall deliver into escrow documents executed by the
legal owner and/or junior lienholder(s) consenting to the assumption by
the dealer.
(k) A stateinent that prior lo the close ofescrow. when the manufac-
tured home or mobilehome is located in a mobilehome park at the time
of sale and is to remain in the park, a statement signed by the purchaser
shall be delivered into escrow, indicating thai the purchaser has read the
rules and regulations of the park, and entered into the park's rental agree-
ment. A copy of a fully executed rental agreement signed by the ixirchas-
er may be substituted for the purchaser's agreement.
(1) When the manufactured home or mobilehome being either pur-
chased or traded in as payment toward the manufactured home ov mobile-
home being purchased is subject lo local property taxation, the escrow
instnictions may provide for the proration of said taxes.
(m) Any documentation required for disbursement pursuanl to Section
.S()62.
(n) In the event a purchaser intends to arrange for third parly financing
without the assistance of the dealer, a statement that escrow shall termi-
nate 30 days from the date escrow was opened, and that all cash or cash
equivalent, less escrow fees, will be returned to the purchaser, unless ihe
purchaser delivers into escrow written confirmation from a lender that fi-
nancing has been approved.
(0) In the event of a conditional purchase document, a slalemeni that
if the contract is not executed by the date escrow is to close, escrow shall
terininate and all cash or cash equivalent paid to the dealer be returned
to the purchaser.
(p) The date agreed upon, in writing, by the purchaser and dealer thai
escrow is lo close.
NOTE: Authoritv cited: Section 1801.5. Health and Safety Code. Kelerenee: .Sec-
tions 18035. ]8()35.1. 18035.26. 18035.5 and 18036. Health and Safety Code.
History
i. Certificate of Compliance, includinii amendment transmitted to OAL I 1-.3-82
and filed 12-15-82 (Register 82, No. 51 ).
2. Amendment of subsections (d). (i). (n) filed 2-1-84: effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Register 84. No. 5).
3. Change without regulatory effect amending subsection (g) and .Non filed
7-6-2007 pursuant to section 100, title I.California Code of Regulations (Reg-
ister 2007, No. 27).
§ 5062. Disbursement of Escrow Funds.
In addition to the requirements of Sections 180.35, 18035.2 and
1 8035.26 of the Health and Safety Code, the escrow agent shall disburse
the amounts specified for the manufactured home or mobilehome and ac-
cessories only as follows:
(a) When the mobilehome is to be delivered to the site described in the
escrow instructions, to be installed, and pass inspection pursuanl to Sec-
tions 18613 and 18551(b) of the Health and Safety Code, the escrow in-
structions shall so state and shall require the dealer lo deliver into escrow
the following documentation to evidence delivery:
(1) A copy of either the statement of installation or the certificate of
occupancy issued by the public agency performing the installation in-
spection; and
(2) A statement signed by the dealer indicating that the manufactured
home or mobilehome has been delivered to the purchaser or that delivery
has been offered to the purchaser in accordance with the agreement of the
principals and that the purchaser is free to occupy the manufactured
home or mobilehome to the exclusion of the dealer.
(b) When the manufactured home or mobilehome is lo be delivered to
the purchaser at a location specified in the escrow instructions and the
purchaser will, at his or her own convenience either actually and physi-
cally perform the installation of the manufactured home or mobilehome
and accessories, or be responsible for such installation, the escrow in-
structions shall so state and shall contain a statement indicating that either
the purchaser has agreed lo actually and physically perform the installa-
tion of the manufactured home or mobilehome and accessories or has
Page 248.3
Register 2007, No. 27; 7-6-2007
§ 5063
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
agreed to be responsible lor such installation and understands that escrow
may close and funds be disbursed upon delivery of the manui'actured
home or mobilehome to the purchaser at the location specified in the es-
crow instructions. In addition, if applicable, the escrow instructions shall
include a copy of the Declaration of Delivery Sale required by Section
18035.26 of the Health and Safety Code. The documentation required to
evidence such delivery shall be a statement signed by both the dealer and
the purchaser indicating that the manufactured home or mobilehome has
been delivered to the purchaser at the location specified in the escrow in-
structions.
(c) When the manufactured home or mobilehome is already installed
pursuant to Sections 18613 or 18551(b) of the Health and Safety Code,
prior to the execution of the purchase agreement, the escrow instructions
shall so state and shall require the following documentation to be deliv-
ered into escrow to evidence delivery: a statement signed by both the
dealer and the purchaser indicating that delivery has been received or that
delivery has been offered to the purchaser in accordance with the agree-
ment of the principals and that the purchaser is free to occupy the man-
ufactured home or mobilehome to the exclusion of the dealer.
(d) The escrow agent can disburse the amount specified for each acces-
sory specified in Section 5061 (g) of this article only upon receipt of writ-
ten notice signed by the dealer that the accessory has been actually in-
stalled or received by the purchaser in the event that installation is not
required under the terms of the purchase document.
(e) The escrow agent can disburse the cash or cash equivalent in es-
crow to the purchaser in the event that the purchaser was unable to obtain
third party financing within 30 days of the escrow opening or the condi-
tional purchase document was not executed by the date escrow was to
have been closed, as specified in Sections 506 l(n) and (o), respectively.
NOTE: Authority cited; Section 18015, Health and Safety Code. Reference: Sec-
tions 18033, 18035.2, 18035.26, 18035.5 and 18036. Health and Safety Code.
History
1 . Certificate of Compliance includins amendment transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82, No. 51 ).
2. Change without regulatory effect amending first paragraph, subsections (a), (h)
and (c) and NoTi- filed 7-6-2007 pursuant to secfion 100, title 1, California
Code of Regulations (Register 2007, No. 27).
§ 5063. Waivers.
No agreement shall contain any provision by which the purchaser
waives any rights to which the purchaser would be otherwise entitled un-
der this article or any other provision of Health and Safety Code. Division
13, Part 2, Chapter 5. Waivers cannot result from practices which in-
clude, but are not limited to, separate contracts with the selling dealer for
installation of the manufactured home or mobilehome, separate contracts
with the selling dealer for accessories to the manufactured home or mobi-
lehome, substitution by the dealer of the cash and/or equivalents received
as whole or partial payment for the manufactured home or mobilehome
or accessory thereto, agreements that liquidated damages be taken out of
escrow, and granting of power of attorney, attorney in fact, or agency by
the purchaser to the dealer for any purpose other than registration. Such
waivers shall be void and unenforceable.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 18035. Health and Safety Code.
History
1. Certificate of Compliance including amendment transmitted to OAL 1 1-3-82
filed 12-15-82 (Register 82, No. 5l).
§ 5064. Records Required.
Escrow agents shall maintain records of their handlings of escrows
which shall be subject to audit by authorized representatives of the de-
partment or any other appropriate regulatory agency. Such records shall
include a copy of the escrow instaictions. and the dates and disburse-
iTients of cash and/or cash equivalents. Each escrow transaction pro-
cessed by the escrow agent shall be assigned an escrow number by the
escrow agent and this number shall be displayed on all documents relat-
ing to that escrow.
NoTE: Authority cited: Section 18015. Health and Safety Code. Reference: Sec-
tions 18035. 18035.1, 18035.2 and 18035.26, Health and Safety Code.
HisroRY
1 . Certificate of Compliance includine amendment transmitted to OAL 1 1-3-82
and filed 12-1.5-82 (Register 82. No. 51 ).
2. Change without regulatory effect amending NoTi: filed 7-6-2007 pursuant to
section 100. title l.^Califomia Code of Resulalions (Resister 2007, No. 27).
Article 7. Public Access to Information
Regarding Occupational Licensing
§ 5070. Policy Regarding Disclosure.
(a) The department shall provide information regarding license status,
coinpliance, violations substantiated by the department, and disciplinary
action taken against any licensee to any person requesting such informa-
tion.
(b) The department inay set reasonable limits upon the number of re-
quests for information from any person.
(c) The appropriate fee for search and any reproductive costs pursuant
to Section 5040. may be charged for any request for information.
(d) The departinent may prepare and disclose statistical data of a sum-
mary nature that does not identify individual licensees, which the depart-
ment considers such data informative to consumers.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tions 18045 and' 18050. Health and SafetyCode: Sections 6253, 6254, 6256 and
6257, Government Code.
History
1 . Certificate of Compliance includine amendment transmitted to OAL 1 1-3-82
and filed 12-15-82 (Register 82. No. 5 1 ).
§ 5071 . Disclosure of Information Regarding License
Status.
(a) Upon receipt of written request, the department may disclose to any
member of the public, the following license status information which is
on record with the department:
(1 ) Licensee's name, including all fictitious or business names:
(2) License number;
(3) Business address and telephone number;
(4) Names of all principals and offices held;
(5) Date of original licensure;
(6) Date such license expires, expired, lapsed or was terminated and.
if applicable, the reason for termination;
(7) If the licen.see is a salesperson, the name of the employing dealer
and any information about the employer as listed above.
NOTE: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 1 8050, Healtti and Safety Code: Sections 6253, 6254, 6256 and 6257, Govern-
ment Code.
History
1. Certificate of Compliance includine amendment transmitted to OAL 1 1-3-82
and filed 12-1.5-82 (Register 82, No. 51).
2. Amendment of subsection (a) (8) filed 2-1-84: effective upon filing pursuant
to Goveniment Code secfion 1 1346.2(d) (Register 84, No. 5).
3. Change without regulatory effect repealing subsecfion (a)(7), subsection re-
numbering, and amendment of Note filed 9-15-94 pursuant to section 100, title
1, California Code of Regulations (Register 94, No. 37).
§ 5072. Disclosure of Information Regarding Instances of
Noncompliance and Complaints.
(a) Upon receipt of written request, the department may disclose to any
member of the public the following information with respect to the pre-
ceding three calendar years:
( 1 ) The number and general nature of instances of noncompliance or
complaints received or discovered by the department which warranted is-
suance of a warning letter to the licensee;
(2) The number and general nature of complaints which, upon review
by the department, establish a prima facie case of an instance of noncom-
pliance, other than warranty complaints;
(3) The number and general nature of instances of noncompliance or
complaints found to warrant administrative disciplinary action against
the licensee, as evidenced by the filing of an Accusation or judicial action
by the department.
(b) If an instance of noncomphance or complaint which was initially
determined by the department to be substantiated is later found by Ad-
Page 248.4
Register 2007, No. 27; 7-6-2007
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
^ 5()S2.5
niinisliiilixc Li\\\ Judge or a L\)iirt ol kiw not lo conslilutc a violalion o\'
law, and llial dckMininalion is not siicccssriilly appealed by an inleiesled
parly, it shall be deleted iVoiii the complaint intbrnialion.
Nori/. AuilioriiN cited: Section 18015. Health and Sal'ctv Code. Kclcrence: Scc-
tn)ns 18020. 1 802 1. .^ and 180.^0. Health and .Salety Code: .Sections 62.S.^. 62.S4.
()2,'S(i ;nul 62,^7. Ginernnient CtHJe.
HlSJOkV
I Certiticate ol Compliance includine aniendnient transmitted to OAL I 1-.^- S2
and I'lled 12-1.^-82 iRcL'ister 82. No. .Sl ).
$ 5073. Disclosure of Information Regarding Disciplinary
Actions.
The deparinient may disek)se the tollowing disciplinary hisloiy inl'or-
mation upon request:
(a) Whether any current licensee or principal thereof has ever been dis-
ciplined atid. if so, when and lor what olTenses; and
(b) Whether any curienl licensee or principal ihereolhas been naiTicd
in any disciplinary action and if so, the disposition t)rsuch aclion.
Noil- Authorit\ cited: .Section l80i.S. Health and Salets Code. Reterence: Sec-
tions 18020. 18021..^ and I 8().sO. Health and Salety Code: Sections 625}. 62.^4.
62.s() and 62.^7. C)0\einment Code.
HiSIORY
I . Ceiiilicatc ol Compliance includinii amendment tiaiisniitted to OAL I I-.VK2
and riled 12-1.^-82 (Re-jister 82. No. .SI ).
Article 8.
Enforcement, Actions and
Penalties
§ 5080. Enforcement.
The department shall administer and enforce all of the provisions o\'
this chapter. Any officer, agent, or employee of the department assigned
to enforcement is authorized:
(a) To enter at reasonable times and without advance notice any prem-
ises where manufactured homes, niobilehomes or commercial coaches
are manufactured, sold, or offered for sale, rent, or lease.
(b) To examine and copy any records, documentary evidence or other
information necessary to carry out the requirements of law and this chap-
ter.
(c) To require, by general or special orders or reports, any person suh-
jeci to licensing or regulation to file, in such form as the department may
prescribe, reports or answers in writing to specific questions relating lo
any occupational licensing function of the department.
id) To lake such other action permitted by law to carry out the require-
ments of law and this chapter.
(e) To pick up for inspection Report of Sale books.
( f ) To post a Prohibited Sales Notice on a manufactured home, mobile-
home or commercial coach, as provided in this chapter.
(g) To post a Notice of Suspension at a licensee's place of business as
provided in this chapter.
No It- Authoritv cited: Section I8()1.S. Health and Safety Code. Reference: Sec-
tions 18020. 18022. 1802,^ and I804.S.S. Health and Safety Code.
History
1. Ceilifieate ol Compliance includinsi amendment transmitted to OAL I I -.'^-82
and Hied 12-1.^-82 (Register 82. No. 5\).
2. New subsections (f) and (g) tiled 2-1 -84: effective upon filing pursuant lo Gov-
ernment Code Section I 1346.2(d) (Register 84, No. 5).
,1 .Amendment filed .S-8-86 as an emergency; effective upon filing (Register 86.
No. 19). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language v\ ill be repealed on 9-.S-86.
4. Reinstatement of section as it e.\isted prior to emergency amendment filed
.S-8-86 hv operation ol Government Code Section 1 1 346. 1( f) ( Reiiister 87. No.
27).
§ 5081. Complaint and Monitoring Investigation.
(a) Upon receipt of a complaint indicating the possible existence of a
violation of law or this chapter, including a violation of Section 1 797, ei
scq. of the Civil Code, the department may investigate the complaint and,
at the lime and in the manner permitted by law, notify each licensee or
former licensee assumed responsible for the violations. In addition, or in
the alternalive, the department may investigate and take any other actions
permitted by law.
(b) The recipient of such a notice shall, as soon as possible, but in)t laler
than 20 days after notification, unless olherw ise specified by the depart-
ment, take appropriate steps, including inspections oy investigatii)ns. to
determine the extent of its responsibility . Upon determining its responsi-
bility, the recipient of such a notice shall:
( 1 ) notify the department in writing of the aclion proposed to correct
the violation and/or respond to ihe complainant, and
(2) take the aclion ct)mmutiicated to the deparimenl within 40 days of
the original notification of complaint, unless otherwise s|iecified b\ the
department.
(c) Upon written request, the deparimenl may, at its discretion, grain
an extension of time lor correction of violations.
(d) The department may make an independent investigation and/or
may institute appropriate legal and/or administrative aclion as necessary
to secure compliance with law if the person nt)lified of the complaint fails
to take or complete appropriate aclion within the specified time, oral any
other time deemed necessary and appropriate by the department.
(e) To the extent that the department deems it necessary to imesiigale.
inspect, or reinspect to ensure ct)mpliance with law, the person responsi-
ble lor taking the corrective action shall submit lees pursuant lo Section
5040 within 1 5 days after billing by ihe deparimenl. The person w entity
liable for such fees may appeal that determination in writing \o the direc-
tor of the department within 10 days alter such billing. F'ailiire to pay the
fees shall be grounds for administrative aclion by ihe deparimenl.
(f) No license may be renewed if an outstanding fee has not been paid.
NOTR: Authoritv cited: Section I8()l.s. Health and Saletv Code. Rclcrcnce: Sec-
tions 18020. 18021..^, 1804.S..S and I80.s8 and 18()6I..S. Health and .Safety Code.
§ 5082. Notices of Suspension, Revocation, or
Cancellation.
(a) If a license is suspended or revoked as a result of actions taken pur-
suant to Health and Safety Code Sections 1 802 1 .5, 1 8064 or 1 8064. .5, or
conditions exist providing for the automatic cancellation of the license
pursuant to Health and Safety Code Section 1806.5. the depanmeni may
post two (2) notices of suspension, revocation or cancellation provided
by the department in places conspicuous to the public at each affeeied
place of business and any branch of the licensee during the period of sus-
pension, revocation or cancellation.
(b) Said notices shall be 24" wide by 14" high and shall be in substan-
tially the following form:
NOTICE OF SUSPENSION
THE DEALERS LICENSE ISSUE!) FOR THESE PREMISES
HAS BEEN SUSPENDED FROM THROUGH
BY ORDER OF THE DEPARTMENT OF HOUSING AN!)
COMMUNITY DEVELOPMENT FOR VIOLATION OF
STATE LAWS GOVERNING MANUFACTURED
HOUSING SALES
(c) Removal of this notice prior to termination of suspension or any re-
presentation lo the effect that sales or purchases have been suspended for
any reason other than by order of the department shall be deemed a viola-
tion of the condition of probation.
NOTE: Authoritv cited: Section I80I.S. Health and Saletv Code. Reference: Sec-
tions 18020. 1802 I.. -S, 18058 and 18065.5. Health and Salety Code.
History
1. Amendment filed 2-1-84; effective upon llline pursuant to Government Code
Section 1 1346.2(d) (Register 84. No. 5).
§ 5082.5. Prohibited Sale Notice.
Whenever the department discovers by investigation that manufac-
tured homes, mobilehomes or commercial coaches are being offered for
sale, rent or lease by persons or at locations, which are not licensed as re-
quired by law and this chapter, or where the license has been suspended
or revoked as a result of actions taken pursuant to Health and Safety Code
Sections 18021.5, 18064 and 18064.5, or that any of the conditions exist
providing for automatic cancellation of a license pursuant lo Health and
Safety Code Section 18065. the deparimenl may post Prohibited Sales
Page 248.5
Register 2(K)7, No. 27; 7-6-2(K)7
§ 5083
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Notices, conspicuous lo the public, on tiie maniil'acUired homes, mohilc-
honies or commercial coaciies.
NcriE: Aulhon(y cited: Section 1 SOL'S. Health and .Saletv Code. Reference: See-
lions 18020. I804.S and 1806.^. Health and Salety Code.'
HlS'lORY
1 . New Section filed 2-1-84: elleetive upon filing pursuant to Governnicnt Code
Section I l.'^46.2(d) (Recisier 84. No. .s).
§ 5083. Monetary Penalties for Compromise Settlements.
Payment of the following monetary penalties may be required of an
occupational licensee pursuant to a compromise settlement agreement
between the Director and the licensee entered into pursuant to the provi-
sions of Health and Safety Code Section 18()64..S.
(a) A minimum of $1.^0.00 and a maximum of $.'iOO.O() foreach viola-
lion of the following provisions of law: Health and Safety Code Sections
18().S8..S; ISO.'SQtb.c^); l80.S9..'S(a.b): I806()(a.c); l8060..S(d.g); 18061 )d):
l8()6I..S(b); and 18062.2(a,g.h).
(b) A minimum of $100.00 and a maximum of $.'^00. 00 for each viola-
tion of the following provisions of law: Health and Safety Code Sections
I8().^9(a); I8060(^b): 18060..'S(b.f): I8061(a.b.c.e); 18061. .S(a);
I8062(a.b,c); 1 8062. 2(b.c); and 18062..S(a-e).
(c) A minimum ot"$.S0.00 and a maximum of'S.'iOO.OO for each viola-
lion of the following provisions of law: Health and Safety Code Sections
18()62.2(d.e,0.
NOTF,: Authority cited: Section 18015. Health and Safetv Code. Reference: Sec-
tion 1 8064. .S, Health and Safety Code.
Article 9. 90-Day Certificate Requirements
§ 5090. 90-Day Certificate Expiration.
(a) All 90-day certificates expire 90 days from the date of initial is-
suance. Expired certificate holders shall either:
( 1 ) Submit their expired cerlificales to the department within 1 0 days
or.
(2) Submit their expired certificate to the department within 3 months
of expiration, along with all salesperson application requirements in ac-
cordance with Section .'S020(i).
(b) Any 90-day certificate holder working with an expired certificate
without obtaining licensure status through this department may be sub-
ject to license refusal, or at the discretion of the Department be subject
to a penalty of 50 percent of the license lee in accordance with Section
.5010(a).
NOTE: Authority cited: Sections 1 80 15 and 1 8052.6. Health and Safetv Code. Ref-
erence: Sections 18045. 18050.5(h). 18052.6. 18055 and 18058(b),' Health and
Safety Code.
History
1. New .section filed 1 1-25-91; operative 12-26-91. (Register 92. No. 12).
§ 5092. Suspension/Refusal to Issue/Revocation.
The department's review of an application for a 90-day certificate
shall be subject to the provisions of Health and Safety Code. Section
180.50.. 5.
NOTE; Authority cited: Sections 1 801 5 and 1 8052.6. Health and Safetv Code. Ref-
erence: Sections 18050.5. 18052.6, 18058 and 18065. Health and Salety Code.
HiSlORY
1. New section filed 1 1-2.5-91; operative 12-26-91. (Register 92. No. 12).
§ 5094. Supervision of Certificate Holders.
The dealer and/or a responsible inanaging employee shall directly su-
pervise the activities of all 9()-day certificate holders. "Directly Super-
vise"" includes:
(a) Continuous availability of the responsible managing employee or
dealer to the 90-day certificate holder(s) on the premises of the dealer
and
(b) On an exclusive basis, supervises the activities of the 90-day certif-
icate holder(s) and
(c) Regularly oversees the activities of the certificate holder(s) and as-
sures their compliance with the laws governing mobilehome/manufac-
tured housing or commercial coach sales and/or leasing.
NOIT. Authoritv cited: Sections 18015. 18052.6 and 18052.7. Health and Safetv
Code. Reference: Section 1 8052.7. Health and Salety Code.
HisrORY
1. New section filed 1 1-2.5-91 ; operative 12-26-91. (Register 92. No. 12).
Subchapter 2.
Preliminary and Continuing
Education
§ 5300. Definitions.
The following definitions shall govern this chapter:
(a) Clock hour. Fifty (.50) continuous minutes in an approved prelimi-
nary or continuing education course, setninar. or conference excluding
breaks for tneals or rest.
(b) Continuing Education Course. A class, .seminar or conference ap-
proved by the department, pursuant to law and this chapter, which offers
licensees continuing education clock hour credits on one topic.
(c) Correspondence Course. A continuing education program of a
single topic approved by the department and transmitted by mail between
a licen.see and an approved course provider.
(d) Course Provider. A person or entity offering preliminary or contin-
uing education courses approved by the departinent. A course provider
meeting the minimum qualifications established in this chapter may also
be an approved instructor.
(e) Instructor. A person approved by the department to present prelim-
inary or continuing education courses while in the employ of a course
provider. An instructor may also be a course provider.
(f) Preliminary Education Course. A class, seminar or conference ap-
proved by the department pursuant to law and this chapter relating to laws
and regulations governing manufactured home and mobilehome sales,
specifically designed for persons not holding a manufactured home or
tnobilehome dealer or salesperson license.
NOTE: Authority cited: Sections 1 801 5 and 1 8056.2. Health and Safety Code. Ref-
erence: Sections 18056, 18056.2 and 18056.4. Health and Safety Code.
History
1. New Suhchapter 2 (Sections 5.^00-5366, not consecutive) filed 5-8-86 as an
emergency; effective upon filing (Register 86, No. 19). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 9-5-86.
2. Rinergencv lanauase filed .5-8-86 repealed by operation of Government Code
Section 1 f.l46.J(gr( Register 86. No. .50).
^. New Subchapter 2 (Sections 5.300-5368, not consecutive) filed 12-8-86 as an
emergency; effeeiive upon filing (Register 86. No. 50). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 4-7-87.
4. New Subchapter 2 (Sections 5.300-5368. not consecutive) refiled 4-6-87 as an
emergency: effective upon filing (Register 87. No. 15). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 8-4-87.
5. Certificate of Compliance including amendment transmitted to OAL 6-26-87
and filed 7-27-87 (Register 87. No. 32).
§ 5301. Applicant Qualification to Receive Public Benefits.
When applying for a Continuing Education Course Approval, Prelimi-
nary Education Course Approval or Instructor Approval, or the renewal
o\' a Continuing Education Course Approval, Preliminary Education
Course Approval or Instructor Approval, if the applicant has not pre-
viously been determined to be eligible to receive public benefits, the
applicant shall present documentation necessary to determine the appli-
cant"s qualification to receive public benefits pursuant to chapter .5.5 of
this division, beginning with section 5802.
NOTE: Authoritv cited: Sections 1 801 5 and 1 8056.2. Health and Safetv Code. Ref-
erence: 8 U.S.C' Sections 1621. 1641 and 1642; and Sections 180.56, '180.56.2 and
18056.4, Health and Safety Code.
History
1. New section 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.
Page 248.6
Register 2007, No. 27; 7-6-2007
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
^ 5M)6
2. Now section ivt'ilcd S — ^-^J8 as an emergency; operalive 8-4-^)8 (Register's.
No. 32). A Ceilificale of Compliance must he transmitted to OAL hy l2---'8
or emergency language will be repealed by operation of law on the Iblloviing
day.
3. Ceiiiricaie ol Compliance as to 8-4-98 order, including amendment, trans-
mitted to OAL 12-1-98 and tiled 1-14-99 (Register 99. No. 3).
§ 5302. Application and Scope of Preliminary Education
Requirements.
On t)raricr Jatuiary 1 , 1987, preliminary cducatioti reqiiireiTienls apply
to all maniiracttiicd home and mobilehome dealer and sale.sperson li-
cense holders and applieanls for such licenses, as speeilied in law and this
subchapter. Applicants lor licetises to sell only comtiiereial coaches are
not subject to preh'minary education requiremenls.
(a) All persons applying tor a manuraclured home and tnobilehotne
dealer license participating in the direction, control or tnanagement olthe
sales operation of the dealership, shall have cotnpleled an approved pre-
litninary education program before applying for the dealer examination
except as otherwise provided in this section.
(b) No partner, controlling stockholder, director, general tnanager or
t)fficer shall participate in the direction, control or managernent of the
sales operation of a dealership prior to satisfying the provisions of this
chapter relating to licensing and preliminary education.
(c) All persons applying for a manufactured home and mobilehome sa-
lesperson license shall have completed an approved prelitninary educa-
tion program before applying for the salesperson examination except as
otherwise provided in this section.
(d) Holders of a valid dealer license, that have already satisfied the pre-
liminary education requirement, and subsequently apply for a salesper-
son or another dealer license, are not required to attend another prelimi-
nary education progratii.
(e) Holders of a valid salesperson license, that have already satisfied
the preliminary education requirement and subsequently apply lor a deal-
er license, are not required to attend another preliminary education pro-
grain.
(f) As specified in Section 5304, Continuing Education requirements
apply to applicants who held a manufactured home or mobilehome dealer
or salesperson license which has expired or was surrendered or cancelled
within one ( 1 ) year of the new application for a manufactured home or
inobilehome dealer or salesperson license.
NOTIi: Authority cited: Sections 18015. and 18056.2, Health and Safety Code.
Reference: Sections 180.S6, 18056.2 and 18056.4. Health and Safety Code.
HlSTOI^Y
1 . New section filed 1 2-8-86 as an emergency; effective upon filing (Register 86,
No. 50). A Certificate of Compliance must be transmitted to OAL within 1 20
day or emergency language will be repealed on 4-7-87. For prior history, see
Register 86. No. 19. hi:). NOTE: Also refer to Section 5300 tor complete HLS-
T()RY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days t)r emergency language will be repealed on 8-4-87.
3. Certificate ol Compliance including amendment of subsections (a) and (b)
transmitted 6-26-87 and filed 7-27-87 (Register 87, No. 32).
§ 5304. Application and Scope of Continuing Education
Requirements.
(a) Applicants for and holders of manufactured home and mobilehome
dealer and salesperson licenses are subject to continuing education re-
quirements as specified in law and this section and Section 3.306.
(b) Holders of licenses to sell only commercial coaches are not subject
to continuing education requirements.
(c) The continuing education requirements apply to owners, each part-
ner, controlling stockholder, director, general tnanager and officer who
participates in the direction, control or management of the sales operation
of a manufactured home or mobilehome dealer.
(d) Continuing education requiremenls apply to applicants who held
a manufactured home or mobilehome dealer or salesperson license which
has expired or was surrendered or cancelled within one (1) year oi' the
new application for a manufactured home or mobilehome dealer or sales-
person license.
(e) All continuing education clock hour credits applied toward the re-
newal of a dealer or salesperson license shall have been earned during the
term of the license to be renewed, except as provided in Section .53 IS.
(f) Holders oi' both a manufactured home and mobilehome dealer and
salesperson license may apply the same continuing education clock hour
credits towai"d the renewal of both licenses, provided the credits were
earned within the respective licensure terms.
(g) Any partner, controlling stockholder, director, general manager or
officer within the ownership of a dealership, who becomes a parlicipanl
in the direction, control or management of the sales operation of a dealer-
ship after issuance of the license is subject to continuing education re-
quirements at the time of license renewal if more than six (6) nK)nths re-
main in the licensure term. Clock hour requiremenls lor such persons
shall be equal to one ( 1 ) clock hour for each full month remaining in the
licensure term exceeding six (6). The topic requiremenls imposed by
Section 5306 shall not apply.
NOTE: Authority cited; Seetion> 18015. and 18056.2. Health and Saletv Code.
Reference: Sections 180.56. 18056.2 and 180.564. Health and Safely Code.
HlSTOin
1 . New section filed 1 2-8-86 as an emergency; el fective upon filing ( F^egister 86.
No. 50) .A Certificate ol Compliance must be iransmitted to OAL within 120
davs oremereenev language will be repealed on 4-7-87. for prior hislorv. see
Re'irister 86. No. f9. ED. NOTE: Also refer to Section 5300 for eomplete'HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; elfeetive upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate ol' Compliance inciudine repealer ol subsection (g) transmitted to
OAL 6-26-87 and filed 7-27-87 (Register 87. No. 32).
4. New subsection (g) filed 1 I-.5-87; operalive I2-.5-87 (Register 87. No. 46).
§ 5306. Continuing Education Topic Requirements for
Dealers and Salespersons.
(a) Each person subject to continuing education shall complete course
topics as specified in this section.
(b) Each person required to complete a minimum of twenty-four (24)
clock hours of continuing education shall complete approved courses in
the following topics for the first license renewal occurring after the effec-
tive date of this subchapter.
(1) Laws and regulations governing manufactured housing manufac-
turing and sales.
(2) Escrow.
(3) Advertising and Misrepresenlalions.
(4) Registration and Titling.
(5) Purchase Documents.
(6) Warranties.
(7) Mobilehome Park Residency Law and Mobilehome Park Act.
If additional courses must be taken in order to earn the minimum clock
hour requirement, those remaining clock hours may be earned in any ap-
proved course(s) of other topics.
(c) Persons subject to less than Iwenty-four (24) clock hours of contin-
uing education as provided in law or Section 5304 shall complete an ap-
proved course in Laws and Regulations Update and any remaining clock
hour requirements shall be earned in any approved continuing education
course(s) on topics of the licensee's choice.
(d) The department shall not accept clock hour credits earned by re-
peating any one course provided by the same course provider or instruc-
tor within any one licensure term.
NOTE: Authority cited; Sections 18015. and 18056.2, Health and Safety Code.
Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
History
L New section filed 12-8-86 as an emergency; effeelive upon filing (Register 86,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency iansuace will be repealed on 4-7-87. For prior history, see
Register 86. No. 1 9. ED. NOTE; Also refer lo Section 5.300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing ( Register 87,
No, 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
Page 248.7
Register 2007, No. 27; 7-6-2007
§ 5308
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
4. Anicndrncni ofsubsection (c), repealer ofsubsection (d)and siihsection reletter-
ing filed 2-6-98-. operative 3-8-98 (Register 98, No. 6).
§ 5308. Minimum Standards for Preliminary Education
Courses.
I a) All preliminary education courses shall comply with the provisions
of Ihis section.
lb) Course curriculum shall provide instruction in at least the follow-
ing topics pertaining to manufactured housing:
( 1 ) hitroduction to the Laws and Regulations governing manufactured
housing, manufacturing and sales.
(2) Warranties.
(3) Alternations to manufactured homes or mobilehomes.
(4) Escrow and purchase documents.
<5) Sales of noncomplying manufactured homes and mobilehomes.
(6) Advertising and misrepresentations.
(7) Taxation.
(8) Registration and Titling.
(c) No course shall be approved which provides instruction in subjects
relating to business promotion, office and business skills, or sales tech-
niques.
( d) Course curriculum may set aside up to thirty (30) minutes at the end
of the course presentation for open discussions between the instructor
and the participants. This subsection is not intended to eliminate partici-
pant questions and instructor responses necessary to facilitate the partici-
pant's understanding during the course presentation.
(e) Breaks tor meals and rest may be arranged as deemed appropriate
by the course provider or instructor, however, such time shall not intrude
into the clock hours designated for the course.
(f) Preliminary education courses may utilize oral, written, audio and
audio-visual presentations. Audio and audio-visual presentations may
contain voices and images of persons other than the approved instructors.
(g) Except for courses consisting entirely of audio or audio-visual pre-
sentations, all courses shall be presented by only approved instructors.
Courses presented entirely by audio or audio-visual means may be pres-
ented by the course provider or other person in the employ of the course
provider, otherwise an approved instructor is required.
(h) Approved curriculums or materials shall not be altered or elimi-
nated, or new materials or topics shall not be introduced and used prior
to the approval of the department. Applications to change approved
courses shall comply with Section 5346 of this subchapter.
(i) Applications for preliminary education course approval shall com-
ply with Section 5340 of this subchapter.
NOTR: Authority eited; Sections 18015, and 18056.2. Health and Safety Code,
Reference: Sections 18056, 18056.2 and 18056.4. Health and Safety Code.
HlSIORY
1 . New section tiled 12-8-86 as an emergency: etteetive upon filing (Register 86.
No. 50). A Ceitifieate of Compliance must be transmitted to OAL within 120
days or emersenev lanauace will be repealed on 4-7-87. For prior history, see
Recister 86. No. l'9. ED. NOTE: Also refer to Section 5300 for eomplete^HIS-
TCmV NOTE.
2. New section re filed 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register87, No. 32).
§ 5310. Minimum Standards for Continuing Education
Courses.
(a) All continuing education courses shall comply with the provisions
of this subchapter, except as provided in Section 5312 for correspon-
dence courses.
(b) Course curriculum shall provide for no less than two (2) clock
hours of continuing education for any one course.
(c) Course curriculum shall be related to the topics required by this
subchapter or other topics related to manufactured housing sales require-
ments imposed by law or regulation. No course shall be approved which
provides instruction in subjects relating to business promotion, office
and business skills, or sales techniques.
(d) Course curriculum may set aside up to ten (10) minutes for every
clock hour for open discussions between the instructor and the partici-
pants. This subsection is not intended to eliminate participant questions
and instructor responses necessary to facilitate the participant's under-
standing during the course presentation.
(e) Breaks for meals and rest may be arranged as deemed appropriate
by the course provider or instructor. Such time shall not intrude into the
clock hours designated for the course.
(f) Courses may utilize oral, written, audio or audio-visual presenta-
tions or any combination of thereof Audio and audio-visual presenta-
tions may contain voices and images of persons other than approved in-
structors.
[The next page is 249.]
Page 248.8
Register 2()07, No. 27; 7-6-2007
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
1^5314
(g) Lixccpl 1 01' courses consi si inyciili rely ofaiidio or audio-visual prc-
scnialioiis. all courses shall be presented by only approved inslruclors.
Courses presented entirely by audio or audio-visual means may be pres-
ented by the ct)urse provider or other person in the employ of the course
provider, otherwise an approved instructor is rcc|Liircd.
(h) Appro\ed curriculums or course materials shall not be altered ov
eliminated, or new materials or topics shall not be introduced and used
prior to the apprt)\ al of the department. Applications to change approved
courses shall comply with Section .'S,^46 of this article.
(i) Applications for Continuing Education Course Appro\al shall
comply with Section .^.^42 of this subchapter.
Noil:: Aulhoritv cited: .Sections IXOI.S. and IX().S6.2. Health and Salelv Code.
RL'Icrcncc: .Sections 180.%. ISO.Sd.: and I8().S6.4. Health and Salelv Code.
Hl.SIORY
1 . New section lileti l2-8-X6asan enierireney:eHeetive upt)n tiling (Register 86.
No. .s()). A Ceiliriealion olConiplianee niusi be transmitted to OAL within 120
(lavs oreniergenev language will be repealed on 4-7-76. For prior historv. see
KeL'isler 86. No \9. hf). NOTH: Also reler to Section .S300 lor eoniplete'HIS-
T()RY NOTh.
2. New section reliled 4-6-87 as an emergency: elTeetive upon tiling (Register 87.
No. I.s). A Ceililieaie olConiplianee must be transmitted to OAL within 120
days or emergency language uill be repealed on 8-4-87.
.V Certilieale ol Compliance ineludine amendmeni of subsection (e) iransmilled
to OAL 6-26-87 and filed 7-27-87 (Register 87. No. ,^2).
i^ 5312. Minimum Standards for Continuing Education
Courses by Correspondence.
(a) Continuing education courses shall provide no less than two i 2)
clock hours oleducation. Such courses shall utilize written, audio or au-
dio-visual lessons and a written examination to be completed after the
lesson.
tb) Written instructions shall be provided by the course provider advis-
ing the licensee and proctor of the requirements of this section.
(c) For each one ( I ) clock hour to be earned, the examination shall con-
tain no less than five (5) essay type questions related to the course topic.
Thirty (.^0) minutes shall be permitted for the completion of each five (5)
queslit)ns. Course providers shall rotate the examinations by administer-
ing the use of three {?>) different examinations for each course. The ex-
amination shall be provided in a sealed envelope bearing instructions
which read TO BE OPENED IN THE PRESENCE OF AN AP-
PROVED PROCTOR ONLY. VOID IF OPENED OTHERWISE "
A return envelope shall be provided which is suitable for mailing and of
sufficient size to accommodale an unopened or opened examination, and
bears the name and address of the course provider.
(d) Approved proctors shall include the course provider, a notary pub-
lic, an officer in the armed forces on active duty, an approved instructor
or other approved course provider, an attorney, a librarian at a public or
school library, or a representative of the department. No person related
by bk)od, marriage, employment, or otherwise having a contlict of inter-
est with a licensee, shall serve as a proctor for the licensee.
te) The proctor shall be instructed to complete a certification form pro-
vided by the course provider which makes provisions for the following:
( 1 ) The prt)ctor"s name and address and telephone number.
(2) The proctor's qualifying occupation, title or position.
(-^) The licensee's name, address and license number issued by the de-
partment.
(4) A certification statement indicating the means used to identify the
licensee, that the proctor has no conllict of interest with the licensee due
to employment, relation by marriage or blood, that the examination enve-
lope was found sealed and only broken in the proctor's presence, that the
examination was completed by the licensee in the proctor's presence
witht)ui the use of any written materials or aids of any kind, that the ex-
amination was not copied by any means, and that the examination was
returned to the course provider by the proctor through the U.S. Mail, or
by similar mailing services, or by personal delivery.
(5) The proctor's signature.
(f) The course provider or instructor shall grade the examination and
notify the licensee of the results within len ( 10) days of receipt. Should
the licensee score less than 70 percent, the course provider shall provide
the licensee with a second examination with different questions, to be
taken under the same conditions as the first examination. Should the li-
censee score less than 70 percent on the second examination, the licensee
has failed the course and may not attempt the examination again.
(g) No licensee shall be permitted to copy or reproduce any examina-
tion or portion thereof.
(h) All correspondence courses shall be completed within sixt\ (60)
days of the registration date. F'orthe pinposes of this section, the registra-
tion date shall be the date the course provider mails t)r otherwise deli\ers
the course material to the licensee as e\ idenced by the course pu)\ ider's
records. The registration date and completion date shall be printed in the
instructions to the licensee.
(i) The course pro\ ider shall disqualily any licensee when the actions
or omissions to act by either the licensee or the proctor result in a \ iola-
tion of this section.
if a licensee for whatever reason chooses not to complete a course and
fails to return the examination, unopened, to the course provider u ithin
sixty (60) days of the registration date, the licensee shall be disqualified.
The instructions to the licensee shall include a warning regarding dis-
qualiUcalion as prescribed in this section.
(j) All disqualifications by course providers shall be reported to the de-
partment within ten ( 10) days.
(k) Once disqualified due to the licensee's acts or omissions to act.
clock hour credits earned by correspondence after the disqualification
shall not be accepted for the license renewal. A disqualification shall only
extend to the end of any one licensure term.
(I) Each set ol" three (3) corresptindence course examinatit)ns required
by this section shall be used concurrently with the course appro\ al peri-
od. When applying for course approval renewal, the course pro\ ider shall
submit new examinations for use with the renewed course. Expired ex-
aminations shall not be u.sed, but shall be maintained with the course pro-
vider's records.
(m) Applications for Continuing Education Course Approval shall
comply with Section .^^,342 of this subchapter.
NOTE; Authoriiv cited: Sections 180I.S. and 18(),S6.2, Health and .Salelv Code.
Reference: Sections 18().S6, 1S0.S6.2 and 180.S6.4, Health and .Safety Code.
HlSIORV
1 . New section filed 1 2-8-86 as an emergency: effeelive upon filing ( Register 86.
No. .SO). A Certificate of Compliance must be transmitted to OAL within 120
davs or emergency lantiuage will be repealed on 4-7-87. For prior historv. see
Re'cisler 86. No. 1 9. HD. NOTF: Also refer to Section .S.^OO lor complete H IS^
TORY NOTF.
2. New section refiled 4-6-87 as an emergency; effective upon filing ( Register 87.
No. 15). A Certificate of Compliance must be transmitted lo OAL u ithin 120
days oreniergenev language will be repealed on 8-4-87.
3. Certificate of Compliance inchidine amendment ol subsections (c) and (i) trans-
milted to OAL 6-26-87 and filed 7-27-87 (Register 87. No. 32).
§5314. Course Challenges.
(a) Course providers may provide for challenge examinations of ap-
proved continuing education courses. Course providers shall lotate the
examinations by adininislering the u.se of three {?< ) separate examinations
for each course. Examinations shall contain no less than five (5) essay
type questions requiring written answers for each clock hour to be
earned.
Challenge examinations shall be administered and corrected by the
course provider or approved instructor only. The course provider shall
establish the inaximum time permitted for the examination, but in no case
shall the time be less than thirty (.^0) minutes for each five {5) questions.
(b) No licensee shall be permitted to acquire more than six (6) clock
hours of continuing education by challenges. The combination of chal-
lenges and approved equivalency pursuant to Section 5.^ 16 shall not ex-
ceed 50 percent of total clock hour requireinents for any one person.
(c) Course challenge examinations, if permitted, shall be submitted
along with the Application for Continuing Education Course Approval
specified in Section 5.'^42 of this subchapter.
NOTE: Authority cited: Sections ISOLS. and I8().'S6.2, Health and Saletv Code.
Reference: Section 180.S6.2, Health and Safely Code.
Page 249
(4-1-40)
i}5316
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1 . New scclion I ilcci 1 2-K-S6 as an emergency; elTecli ve upon liling ( Registci' S6.
No. .SO). A Certificate of Compliance must be transmitted to OAL within 120
davs or ememcncv laniiuasie will be repealed on 4-7-S7. For prior history, see
Rciiistcr 86, No. l'9. HD. NOTH: Also relerto Section 5.^00 lor complete HI.S-
TOKY NO Th.
2. New section refiled 4-6-87 as an emergency: elTecti vc upon liling ( Register <S7.
No. \5). A Ceilificale of Compliance must be iransmittcd to OAL within 120
days or emergency language will be repealed on 8-4-87.
.^. CertillcaleorCompliancc includiniz amendment ofsubsections (a) and (c) trans-
mitted to OAL 6-26-87 and filed "7-27-87 (Register 87. No. .'^2).
^ 531 6. Claims of Equivalency.
(a) The departincm may grant conlinuing education cloek hour credits
lor activities which have provided edueational opporlunilies al least
ec|tiivalenl lo attendance at approved eonliniiing education courses as
prescribed in this section.
(b) Acceptable alternative activities may include, hut are not limited
to the Ibllowing:
(1) Instruction at an approved preliminary or continuing education
course.
(2) Development or research of information or materials associated
with an approved continuing education course or unapproved course if
the curriculum would otherwise meet the requirements of this subchapter
for a continuing education program.
{}) Authorship of published articles, periodicals or books on subjects
relating to the requirements in laws or regulations governing manufac-
tured housing sales.
(4) Instruction of, or attendance at. an education program not approved
by the department for continuing education, but which is sufficiently re-
lated 10 manufactured housing activities.
(c) The department may grant up to a maximum of two (2) hours of
continuing education clock hour credits for every one hour of equivalent
activity.
(d) No licensee shall be granted clock hour credits for equivalents to-
talling in excess of fifty (50) percent of the licensee's total clock hour re-
quirements. The combination of total clock hour credits earned by both
challenges and equivalents shall not exceed fifty (50) percent of the total
clock hour requirements.
(e) Applications for Equivalency Approval shall comply with Section
5352 of this subchapter and be received by the department prior to six (6)
months before the license expiration date. Qualifying activities per-
formed within the last six (6) months of the licensure term shall be
applied to the next license renewal.
NOTE: Authority cited: Sections 18015. and 18056.2, Health and Safety Code.
Reference: Section 18056.2. Health and Safety Code.
History
1. New scclion filed 12-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
davs or emerseney languaee will be repealed on 4-7-87. For prior historv. see
Register 86, No. 19. ED. NOTE: Also refer to Section 5300 tor complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency: effective upon filing ( Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL wiihin 120
days or emergency language will be repealed on 8^-87.
?>. Certificate of Compliance iransmiued to OAL 6-26-87 and filed 7-27-87
(Regisler87. No. 32).
§5318. Exemptions.
(a) As prescribed in law and this section, the department may grant ex-
emptions from the continuing education requirement and renew an expir-
ing license where the required clock hour credits have not been earned
and one or more qualifying conditions exist.
(b) Qualifying conditions are those which are beyond the control of the
licensee and have made it impossible for the licensee to acquire the re-
quired clock hour credits over the last six (6) months of the licensure term
including:
(1) Health conditions or prescribed treatment of health conditions
which are verified in writing by a physician and which have not allowed
the licensee to work in the licensed capacity.
(2) Aclixeduty in the military service with assignment to duty outside
the Slate.
(c) Ct)nditions relating to the convenience of the licensee such as travel
and time needed to attend courses or disruption of employment will not
be considered for exemption.
(d) Any licensee granted an exemption shall earn the clock hours origi-
nally required at the time of renewal, within ninety (90) days of the elimi-
nation of the condition which warranted the exemption and shall submit
a revised application for license renewal to the department.
(e) Applications lor Exemption shall comply with Section 5354 of this
subchapter.
No It:; Authority cited: Sections 1 801 5 and 1 8056.2. Health and Safety Code. Ref
eience: Section 18056.2. Health and Safety Code.
HiSIORY
1 . New section filed 12-8-86 as an emergency: effective upon filing (Register 86,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
davs or emergency language will be repealed on 4-7-87. For prior history, see
Register 86. No. 19. ED. NOTE: Also refer to Section 5300 for complete HIS-
TC)RY NOTE.
2. New section refiled 4-6-87 as an emergency: effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register87. No. 32).
§ 5320. Required Changes to Approved Courses.
(a) Whenever an approved course becomes inaccurate because of stat-
utory or regulatory changes enacted after the course approval, the depart-
ment shall provide the course provider a written notice of the change. The
notice shall order the course provider to review the approved course and
make appropriate changes.
(b) When changes lo approved courses are ordered, the course provid-
er shall be provided thirty (30) days to make the ordered changes or dis-
continue the use of the course.
(c) Course changes pursuant to this section shall be submitted to the
department on an Application for Approval of Changes to Approved
Courses specified in Section 5346 of this subchapter.
NoTE: Authority cited: Sections 18015, and 18056.2. Health and Safety Code.
Reference: Section 18056.2. Health and Safety Code.
History
1 . New section filed 1 2-8-86 as an emergency: effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
davs or emergency language will be repealed on 4-7-87. For prior historv, see
Register 86. No. 19. ED. NOTE: Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87. No. 32).
§ 5322. Certificates of Completion.
(a) Within five (5) days of the completion of preliminary and continu-
ing education courses, including correspondence courses and course
challenges, course providers shall complete and issue a Certification of
Completion to each participant completing the course. Course providers
shall obtain the Certification of Completion from the department and
provide the following infonnation:
(1 ) A serial number.
(2) The course provider name, address and approval number(s).
(3) The instructor's name and approval number.
(4) The title and approval number of the course.
(5) The date and address of the course location, except for correspon-
dence courses.
(6) The clock hour credit earned.
(7) The participant's name.
(8) The license number of licensees.
(b) In addition to the requirements of subsection (a), within five (5)
days of the completion of each preliminary or continuing education
course, including correspondence courses and course challenges, the
course provider shall complete and submit a Certification of Course Pre-
Page 250
(4-1-90)
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
§ 5332
scniaiion provided hy the Deparimenl. The course provider shall provide
the Ibllowing inlormation along with the fee specified in Section 5M'){):
{ I ) The course provider name and address.
(2) The instruclor name and approval number.
(3) The title and approval number ol the course.
(4) The type of course, either preliminary, or continuing education by
correspondence, classroom or challenge.
(5 ) The dale and address of the course or challenge, except for corre-
spondence courses.
(6) The name of each person completing the course.
(7) The license number of each licensee.
(8) The clock hour credits earned.
(9) Any other information reasonably required by the department in
order lo assure compliance with this subchapter.
Ncrrr: Authorily cited: Sections 18015, and I80.%.2. Health and Safety Code.
\icicrencc: Sections 18056. 18056.2 and 18056.4. Health and Safety Code.
Hlstory
I New section filed 1 2-S-86 as an emergency, ctTective upon filing (Register 86,
No. 50). A Ceilit'ieate of Complianee must be iransinitted lo OAL within 120
davs or emergenev languaee will be repealed 4-7-87. For prior history. ,see
Retiister 86. No. 1 9. KD. NOTb: Also refer to Section 5300 for complete H IS-
T()KY NOTB.
2. New section refiled 4-6-87 as an emergency; efleclive upon (lling ( Register 87.
No. 15). A Cenilleaie of Complianee must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Ceilifieate t)f Coi7iplianee transmitted to OAL 6-26-87 and Hied 7-27-87
(Register 87. No. 32).
i^ 5324. Expiration of Course Approval.
(a) All preliminary and continuing education course approvals shall
expire on the last day of the twenty-fourth (24th) month following the
tiionth (if the original approval. No expired course shall be offered or
presented.
(b) Course providers applying for renewal of course approvals shall
make any amendments necessary lo bring the course curriculutn or mate-
rial into cotTipliance with statutory or regulatory changes enacted after
the date of approval.
tc) Applications for renewal of course approval shall comply with Sec-
tion 5344 of this chapter.
Applications should be received by the departtnent ninety (90) days
before the expiration date in order to allow processing and any review of
course changes.
NoTt: Authority cited: Sections 180L5, and 18056.2. Health and Safety Code.
Reterence: Sections 18056 and 180.56.2. Health and Safety Code.
Hlstory
1 . New section filed 1 2-8-86 as an emergency ; effective upon tiling (Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
davs or emergency language will tie repealed on 4-7-87. For prior histoi-y, see
Register 86. No. 1 9. FD. NOTE: Also refer lo Section 5300 for compleie HIS-
T()RY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing ( Register 87,
No. 15). A Certificate ot Complianee must be transinitted to OAL within 1 20
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance including amendment ot sub.seetion (a) transmitted
to OAL 6-26-87 and filed 7-27-87 (Register 87, No. 32).
§ 5326. Instructor Qualifications.
(a) Instructors for preliminary and continuing education courses shall
meet at least one of the following qualifications:
(DA bachelor's degree in a related field to that in which the person
is lo teach, from a college or university with accreditation approved by
the U.S. Department of Education.
(2) Five (.5) years full-time experience in the applicable field or course
subject matter.
(3) Any combination of at least five (5) years of full-time experience
and college level education in the applicable field or course subject mat-
ter.
(b) No licensee shall be approved as an instructor who has a record of
license revocation, suspension, probation, or orders to pay fines or penal-
ties pursuant to a hearing or stipulation and waiver resulting from depart-
mental action against the licensee.
(c) No person having been convicied of a felony, a misdemeanor in-
volving moral turpitude, or misdemeanor associated with manufactured
housing sales, shall be approved as an instruclor.
(d) Applications for instruclor Approval shall comply with Section
5348 of this chapter.
NOTt;: Authority cited: Sections 18015. and 180.56.2. Health and Saleiv Code.
Reference: Sections 1 8056 and I 8056.2. Health and Safely Code.
Hl.STORY
1 . New sections filed 1 2-8-86 as an emergency: effective upon filing ( Register 86.
No. 50). A Cenifieation of Compliance must be transmitted loOAL within 120
days or emergency language will be repealed on 4-7-87. For prior hisiorv. sec
Reei.sler86, No. 19. ED. NOTE: Also reler to .Section 5300 for complete HIS-
TORY NOTE.
2. New .section refiled 4-6-87 as an emergency; efi'ecti vc upon filing ( Register 87.
No. 15). A Certificate of Compliance must be transmitted lo OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5328. Expiration of Instructor Approval.
(a) Instructor approvals shall expire on the last day of the iweniy-
fourth (24th) month following the month ollhe original approval.
(b) Instructors with expired approval shall noi make preliminary or
continuing education course presentations.
(c) Applications for Instruclor Approval Renewal shall comply with
Section 5350 of this chapter.
NOTE: Authority cited: Sections 18015. and 180.56.2. Health and Saleiv Code.
Reference: Sections 1 8056 and 1 8056.2. Health and Safely Code.
HfSrORY
1 . New section filed 1 2-8-86 as an emergency; effective upon filing (Regrster 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
davs or emergency lancuage will be repealed on 4-7-87. For prior historv. see
Register 86, No. 19. ED. NOTE; Also refer to Section 5300 for complete"HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; etfeeti ve upon filing ( Register 87.
No. 15). A Certificate of Coinpliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance includinc amendment of subsection (a) transmitted
to OAL 6-26-87 and filed 7-27-87 (Register 87. No. 32).
§ 5330. Advertising Requirements.
Except for general advertisements of the availability of approved pre-
liminary or continuing education courses, all specific advertisements for
courses, whether printed or broadcasted, shall include the following:
(a) Course provider and instruclor name(s).
(b) Course title.
(c) Course approval number issued by the department.
(d) The number of clock hours to be earned.
NoTE: Authority cited: Sections 18015. and 18056.2. Health and Saleiv Code.
Reference: Secuons 1 8056 and 1 8056.2, Health and Safety Code.
History
1. New section filed 12-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmiued to OAL within 120
days or emergency lansuage will be repealed on 4-7-87. For prior history, see
Register 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5332. Course Provider Notice Requirement.
Except for correspondence courses and course challenges, course prt)-
viders shall notify the department of all course offerings at least ten ( 10)
days prior to the starting date of each course by submittal of a form pro-
vided by the department. The course provider shall provider for the fol-
lowing information:
(a) Course provider and instructor name(s).
(b) Course title and approval number issued by the departtnent.
(c) The scheduled date, time and location of the course presentation.
NOTE: Authority cited: Sections 18015. and 18056.2. Health and Safetv Code.
Reference: Sections 1 8056 and 1 8056.2, Health and Safetv Code.
Page 251
Register 2005, No. 45; tl - 1 1 -2005
§ 5334
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1 . New seciion filed 1 2-8-86 as an emergency; effective upon filing ( Register 86,
No. 50). A Ceniflcate of Compliance must be transmitted lo OAL within 120
days or emeraency languasie will be repealed on 4-7-87. For prior hisiorv. see
Register 86, No. 19. ED. NOTE; Also refer to Section 5.^00 for complete" HIS-
TORY NOTE.
2. New seciion refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5334. Access and Denial to Course Offerings.
(ix) No persoti shall be prohibited from attenditig approved courses be-
eause of their affilialions, memberships, or employmeiiL
(b) Course providers may refuse enroHmenl or disqualify persons lor
iailure to pay registration lees or for disruptive conduct during course
presentations.
NOTE: Authority cited; Sections 180l5and 18056.2. Health and Safety Code. Ref-
erence; Sections 18036 and 18056.2, Health and Safely Code.
History
1 . New section filed 1 2-8-86 as an emergency; effective upon filing ( Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emereency language will be repealed on 4-7-87. For prior history, see
Register 86. No. 19. ED. NOTE; Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing ( Register 87.
No. 15). A Certitlcate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and tiled 7-27-87
(Reeister87. No. 32).
§ 5336. Course Provider Attendance Controls and Record
Keeping Requirements.
(a) Course providers shall conduct attendance controLs during the
course presentation and shall disqualify any person not physically pres-
ent throughout the course presentation.
(b) Prior to the issuance of the Certificate of Completion specified in
Section 5322, course providers shall verify the identity of each course
participant, by review of a valid driver's license or identification card is-
sued by the California Department of Motor Vehicles.
(c) Course providers shall maintain records of attendance documents,
certificates of completion, certificates of course presentation and any
challenge examinations for a minimum of three (3) years. For correspon-
dence courses, records of the proctor's name, address and qualifying title
or position, date and location of the examination, and copies of all exami-
nations administered shall be maintained for a minimum of three (3)
years.
(d) Course provider records shall be readily available for review by the
departtnent at the course provider's business location.
(e) The department may request that copies of course provider records
be made and submitted to the department for review.
NOTf-; Authority cited; Sections 18015, and 18056.2. Health and Safety Code.
Reference: Sections 18020, 18056. and 18056.2, Health and Safety Code.
History
1 . New section filed 12-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emersency language will be repealed on 4-7-87. For prior historv, see
Remster 86, No. 19. ED. NOTE; Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8^-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5338. General Requirements and Prohibitions.
(a) No person shall earn more than 25 percent of his or her required
continuing education credits from a course provider who is licensed as
a manufactured home and mobilehoiTie dealer or salesperson and is the
employee or employer of the person earning credits.
(b) All course provider ownership, address and telephone number
changes shall be reported to the department on a form provided by the
depavtiTient within ten ( 1 0) days of the effective date of the change, along
with the fee specified in Section 5360.
(c) Instructor name, address and telephone nuinber changes shall be
reported to the departinent on a form provided by the departtnent within
ten ( 10) days of the effective date of the change, along with the fee speci-
fied in Seciion 5360.
(d) The departinent shall not accept continuing education clock hour
credits earned by challenge examinations as permitted in Section 5314,
when the course provider is the licensee's employer or etnployee.
NOTr.: Authority cited: Sections 18015. and 18056.2. Health and Safety Code.
Reference; Sections 18031. 18056 and 18056.2. Health and Safety Code.
History
1 . New section filed 1 2-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmiued to OAL within 120
davs or emergency lanuuage will be repealed on 4-7-87. For prior histoiy. see
Resister 86, No. 1 9. ED. NOTE: Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Reeister87, No. 32).
§ 5340. Application for Preliminary Education Course
Approval.
(a) Persons or entities seeking approval of a preliminary education
course shall submit an Application for Preliminary Education Course
Approval, form HCD OL ED 122 (Rev. 1 1/05). which is incorporated by
reference, provided by the department. On the application form or as an
attachment thereto, the applicant shall provide the following information
and iTiaterials:
( 1 ) The name, address and telephone number of the applicant.
If the applicant is not a natural person, the names and titles of all direc-
tors, officers or partners of the entity and the entity name, address and
telephone number.
(2) A disclosure of any licenses issued by the department pursuant to
this chapter to the individual course provider, any director, officer or
partner of an entity.
(3) A disclosure of any convictions of any felonies or misdemeanors
of any owner, director, officer or partner.
(4) Two full facial photographs of each individual owner and each di-
rector, officer or partner of an entity, minimum size 1 1/4" by 1 " , taken
from a maximum distance of six feet.
(5) For each individual owner and each director, officer or partner of
an entity unless already on file with the department in conjunction with
a previous application, fingerprints must be submitted through the Live
Scan fingerprint process. Unless exeinpted by DOJ, applicants shall pro-
vide a properly completed and legible copy of form HCD OL 8016 (New
1 1/05), "Request for Live Scan Service", which is incorporated by refer-
ence, or the equivalent form provided by DOJ. The HCD OL 801 6 form
or DOJ equivalent form inust provide evidence that the fingerprints have
been submitted to DOJ and that the department is properly listed as the
agency to receive any criminal history information. Applicants applying
for an exemption from the Live Scan process must submit their exemp-
tion requests through the department on the forms prescribed by DOJ.
Fingerprints must be processed by a law enforcement agency or a DOJ-
certified fingerprint roller. Additional fingerprinting may be required if
the submitted fingerprints are rejected by DOJ or the Federal Bureau of
Investigation;
(6) A description as to how the course will be presented.
(7) Copies of all written, audio and audio-visual presentations, les-
sons, reference materials or other materials the course attendants will be
provided or required to possess.
(8) An outline of the course curriculum with a designation of the time
allotted to each segment of the curriculum. The outhne shall reference
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Title 25
Manufactured Housing Sales, Occupational Licensing and Education
4j 5346
any wriUen materials, audio or audio-visual presentations, as provided
in subsection (a)(7) above. Such outline shall contain all topics required
by Section 5308 of this subchapter.
(9) A description olthe method ofatlendance control and record keep-
ing.
( 10) The signature of the applicant certifying to the accuracy ol the
application and thai the course will be presented as approved and con-
ducted in a manner satisfying the intent of the law and requirements of
this subchapter.
(b) The application shall be accompanied by the fee specified in Sec-
lion 5?<bO of this subchapter for Preliminary Education Course Approval.
NotIl: Atilhoriiy cited: .Seciions ISOI.S and i 80.^2. Health and .Safety Code. Rei-
ercncc: Sections 18031 and IKO.^6.2. Health and Safclv Code; and Seciions
11077.1 and 11102.1. Penal Code.
Hl.srotJY
1 . New section filed 1 2-8-86 as an emergency: effective upon filing (Register 86.
No. .^0). A Certificate of Compliance imi.st be transmitted to OAL within 120
days or eiDerL'cnev language will be repealed on 4-7-87. For prior historv. see
Ke'iiister 86. No. l'9, ED. NOTti: Also refer to Section 5300 forcomplete'HIS-
l6\i\ NOTE.
2. New section reHled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8—4-87.
3. Ceililicate of Compliance transmitted to OAL 6-26-87 and tiled 7-27-87
(Register 87. No. 32).
4. Amendment of subsection (a), repealer and new subsection (a)(5). amendment
of suKseciions (a)(7H8) and (b) and amendment of NoTi. tiled 1 1-7-2005; op-
erative 11-7-2005 pursuant to Government Code section 11343.4 (Register
2005. No. 45).
§ 5342. Application for Continuing Education Course
Approval.
(a) Persons or enlilies .seeking approval of a conlinuing educaiion
course shall submit an Application for Continuing Education Course Ap-
proval provided by the department. On the application form or as an at-
tachment thereto, the applicant shall provide the information specified in
Section 534()(a)l. 2, 3. 4, 5, 6. 7. 9. and 10. and the following:
( 1 ) It'the topic is not required by thi.s subchapter, an explanation of the
topic and how it relates to manufactured home and mobilehome sales and
benefits a licensee.
(2) The course title which shall include reference to the course topic
and an outline of the course curriculuin with a designation of the time-al-
lotted 10 each topic segment of the curriculum. The outline .shall refer-
ence any written tnaterials, audio and/or audio-visual presentations or
reference tnaterials the course attendees will be provided or required to
possess.
(3) For correspondence courses, copies of all written, audio, and/or au-
dio-visual lessons or presentations or other material provided or required
to be possessed by those taking the course, the examination(s). instruc-
tions, warnings, certifications and envelopes in the form required by Sec-
tion 5312.
(4) If challenge examinations are to be permitted, a copy of all exami-
nations to be used and information as to the examination administration
and maximum time perrnitted for cornpleting the examination.
(5) The clock hours to be earned.
(b) The application shall be accompanied by the fee specified in Sec-
tion 5360 for Continuing Education Course Approval or the Conlinuing
Education Course by Correspondence Approval, whichever is appropri-
ate.
NoTi;: Authority cited: Sections 18015. and 18056.2. Health and Safety Code.
Relerenee: Sections 18031 and 18056.2, Health and Safety Code.
History
1 . New .section filed 1 2-8-86 as an emergency; effective upon tiling (Register 86,
No. 50). A Ceiiitlcate of Compliance must be transmitted to OAL within 120
days or emereency languaee will be repealed on 4-7-87. For prior history, .see
Re'eister 86. No. 19. ED. NOTE: Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Ceiiitlcate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Rei!ister87, No. 32).
§ 5344. Application for Course Approval Renewal.
(a) Any course provider seeking renewal of a previously appixned pre-
liminary education or continuing education course shall submit an Appli-
cation for Course Approval Renewal provided by the department. On the
application or as an attachment thereto, the applicant shall provide the
following information and materials:
( 1 ) The naiTie, address and telephone nuiTiber of the applicant.
(2) The course approval number issued by the department.
(3 ).'\ disclosure of any change(s) to the coui.se provider ownership and
all information required in Section 534()(a)( I )(2)(3)(4) and (5) lor each
new director, officer or partner.
(4) A disclosure of any convictions of felonies or misdemeanors of any
owner, director, officer, or partner since the original application.
(5) An itemized description of any change(s) to the course as originally
approved.
(6) Copies of any changed or new material.
(7) For correspondence courses, a copy of the new examinations as re-
quired by Section 5312.
(8) The signature of the applicant certifying to the accuracy ^)f the
application.
(b) The application shall be accompanied by the fee specified in Sec-
tion 5360 for Preliminary or Continuing Education Course Approval Re-
newal.
NOTfi: Authority cited: Sections 1 801 5 and 1 8056.2. Health and Safety Code. Ref-
erence: Sections 1803) and 18056.2. Health and .Safely Code.
Hl.SlORY
1. New section tiled 12-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Coinpliance must be transmitted to OAL within 120
davs or emereency lansuasie will be repealed on 4-7-87. For prior history, see
Register 86. No. 19. ED. NOTE: Also refer to .Section 5.300 for complete HIS-
TORY NOTE.
2. New section re tiled 4-6-87 as an emergency: effective upon filing ( Registei' 87.
No. 15). A Certificate of Compliance must be transmiued to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-H7 and filetl 7-27-87
(Register 87. No. 32).
§ 5346. Application for Approval of Changes to Approved
Courses.
(a) Course providers seeking approval of voluntary changes or
changes ordered by the department pursuant to Section 5320 of this sub-
chapter, shall submit an Application To Change Approved Courses pro-
vided by the department. On the application form or as an atlachmenl
thereto, the applicant shall provide the following information:
(1) The name, address and telephone number of the applicant.
(2) The course approval number issued by the department.
(3) An iteiTiized description of the change(s) to the course as originally
approved.
(4) Copies of any changed or new material.
(5) If the change(s) is a voluntary change, an explanation of the pur-
pose for the change.
(6) The signature of the applicant certifying to the accuracy of the
application.
(b) The application shall be accompanied by the fee specified in Sec-
tion 5360 for Approval of Changes to Approved Courses.
(c) The department shall require substantially altered courses to be
submitted for approval pursuant to Seciions 5340 or 5342. A substantial-
ly altered course is one requiring more than one and one half ( 11/2) hours
for processing and review by the department.
NOTE: Authority cited: Sections 18015. and 18056.2. Health and Safely Code.
Reference: Sections 18031 and 18056.2. Health and Safety Code.
History
1 . New section filed 12-8-86 as an emergency; effective upon filing (Register 86,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency lanauase will be repealed on 4-7-87. F'or prior history, see
Register 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete'HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing I Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
Page 253
Register 2005, No. 45; 1 1 - 1 1 -2005
§ 5348
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3. Ceniricate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(RegisicrH7. No. 32).
§ 5348. Application for Instructor Approval.
(a) Any person seeking approval to instruct preliminary or continuing
education courses pursuant to this article, shall submit an Application for
Instructor Approval, form HCD OL ED 1 24 (Rev. 1 1/05 ). which is incor-
porated by reference, provided by the department. On the application or
as an attachment thereto, the applicant shall provide the following infor-
mation:
1 1 ) The name, address and telephone number of the applicant.
1 2) The applicant's qualifications meeting the standards of Seciion
5326 of this subchapter.
1 3) A disclosure of any licenses issued to the applicant by the depart-
ment pursuant to this chapter.
(4) A disclosure of any convictions of misdemeanors or felonies.
(5) The applicant's signature certifying to the accuracy of the applica-
tion.
(6) For each new applicant, fingerprints must be submitted through the
Live Scan fingerprint process. Unless exempted by DOJ. applicants shall
provide a properly completed and legible copy of form HCD OL 8016
(New 1 1/05), "Requests for Live Scan Service". v.'hich is incorporated
by reference, or the equivalent form provided by DOJ. The HCD OL
80 1 6 form or DOJ equivalent form must provide evidence that the finger-
prints have been submitted to DOJ and that the department is properly
listed as the agency to receive any criminal history information. Appli-
cants applying for an exemption from the Live Scan process must submit
their exemption requests through the department on the forms prescribed
by DOJ. Fingerprints must be processed by a law enforcement agency or
a DOJ-certified fingerprint roller. Additional fingerprinting may be re-
quired if the submitted fingerprints are rejected by DOJ or the Federal
Bureau of Investigation;
(7) Two full facial photographs, minimum size I 1/4" by 1". taken
from a maximum distance of six feet.
(b) The application shall be accompanied by the fee specified in Sec-
tion 5360 of this subchapter for an Application for Instructor Approval.
NOTE; Authority cited: Sections 180L'i and 18056, Health and Safety Code. Ref-
erence: Sections 18031 and 18056.2. Health and Safety Code; and Sections
11077,1 and 1 1 102.1, Penal Code,
History
1. New section filed 12-8-86 as an emergency; effective upon fding (Register 86,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-7-87. For prior history, see
Reeister 86, No. 1 9. ED. NOTE: Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance including amendment of subsection (a) transmitted
to OAL 6-26-87 and filed 7-27-87 (Register 87, No. 32).
4. Amendment of subsection (a), repealer and new subsection (a)(6), amendment
of subsection (b) and amendment of Note filed I 1-7-2005; operative
1 1 -7-2005 pursuant to Government Code section 1 1 343.4 (Register 2005. No,
45).
§ 5350. Application for Instructor Approval Renewal.
(a) Any previously approved instructor seeking renewal shall submit
an Application for Instructor Approval Renewal provided by the depart-
ment at least thirty (30) days prior to the expiration of the instructor ap-
proval. The applicant shall provide the following information:
(1) The name, address and telephone number of the applicant.
(2) A disclosure of any licenses issued by the department to the appli-
cant pursuant to this chapter since the original Application for Instructor
Approvai.
(3) A disclosure of any convictions of misdemeanors or felonies since
the original application for instructor approval.
(4) The applicant's signature certifying to the accuracy of the applica-
tion.
(b) The application shall be accompanied by the fee specified in Sec-
tion 5360 for an Application for Instructor Approval Renewal.
NOTi:: Authority cited: Sections 1 801 5 and 1 8056.2, Health and Safely Code. Ref-
erence: Sections 18031 and 18056.2, Health and Safety Code.
History
1 . New section filed 1 2-8-86 as an emergency; effective upon filing (Register 86,
No, 50), A Certificate of Compliance must be transmitted to OAL within 120
days or emereencv laneuase will be repealed on 4-7-87, For prior history, see
Register 86, No, 19. ED. NOTE: Also refer to Section 5300 lor complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87.
No, 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87,
3. Certificale of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register87, No, 32),
§ 5352. Application for Equivalency Approval.
(a) Any licensee seeking approval of activities believed to qualify un-
der the provisions of Section 5316 of this subchapter shall subinil an
Application for Equivalency Approval provided by the department. The
applicant shall provide the following information and materials.
(1 ) The applicant's name, address and telephone number.
(2) The applicant's license number issued by the department.
(3) A full description of the activities believed to qualify for equivalen-
cy along with substantiating materials and inforination. enabling the de-
partment to determine if the activities meet the provisions of Section
5316.
(4) The applicant's signature certifying to the accuracy of the applica-
tion.
(b) The application shall be accompanied by the i'ee specified in Sec-
tion 5360 for Application for Equivalency Approval.
NOTE: Authority cited: Sections 1 80 15 and 1 8056.2, Health and Safety Code. Ref-
erence: Sections 18031 and 18056.2, Health and Safety Code.
History
1 . New section filed 1 2-8-86 as an emergency; effective upon filing (Register 86,
No, 50). A Certificate of Compliance must be transmitted to OAL within 120
days oremergencv language will be repealed on 4-7-87. For prior historv. see
Register 86, No. f9. ED. NOTE: Also refer to Section 5300 for complete'HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87,
No. 15), A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5354. Application for Exemption.
(a) Licen.sees seeking an exemption from the conunuing education re-
quirements shall submit an Application for Exemption provided by the
department, along with the Application for License Renewal. The appli-
cant shall provide the following information and items:
(1) The applicant's name, address and telephone number.
(2) The applicant's license number issued by the department.
(3) A full description of the conditions believed to qualify for exemp-
tion pursuant to Section 53 1 8, along with written substantiating informa-
tion, documents or items.
(4) The apphcant's signature certifying to the accuracy of the applica-
tion.
(b) The application shall be accompanied by the fee specified in Sec-
tion 5360 for Application for Exemption.
NOTE: Authority cited: Sections 1 801 5 and 1 8056.2, Health and Safety Code. Ref-
erence: Sections 18031 and 18056.2. Health and Safety Code.
History
1. New section filed 1 2-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-7-87. For prior history, see
Register 86, No. 19. ED. NOTE: Also refer to Secfion 5300 for complete HIS-
TORY NOTE.
2. New section refiled 4-6-87 as an einergency; effecfi ve upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5356. Rejected Applications.
(a) For any application submitted pursuant to this subchapter which is
found to be incomplete or in error, the depailment shall reject the applica-
tion and provide the applicant with a written explanation identifying the
Page 254
Register 2005, No. 45; 11-11-2005
Title 25
Manufactured Housing Sales, Occupational Licensing and Education
ij 5366
deficiencies and whal nnist be done in order lo make liie application coni-
plele and acceptable.
(b) All fees submitted with an application which is subsequently re-
jected shall be retained by the department.
(c) All rejected applications which are corrected and resubmitted to the
department for approval pursuant to this subchapter, shall be accompa-
nied by the fee specified in Section 5360 for Resubmittal of Corrected
Applications.
No 1 K; Aulhority cited: Scciions I SO 1 5 and 1 80.%. 2. Health and Saletv Code. Kef-
erciKc: Seclions IS020. IX(B1 and 1X0.%. 2. Health and Safety CDde.
Hlsiory
1 . Neu .section tiled 1 2-S-86 as an emergency; effeciive upon filing (Register S6,
No. .SO). A Ceriificate of Compliance must be transmitted to OAL within 120
days oremergencv laneuase will be repealed on 4-7-87. For prior history, see
Keeisier 86. No. 19. hf). NOTE: Also refer lo Section 5300 forcomplete'HIS-
TOKYNOTH.
2. New .section refiled 4-(S-87 as an emergency; efleetive upon tiling (Register 87.
No. LS). A Certificate of Compliance must be transmitted lo OAL within 120
days or emergency language will be repealed on 8—4-87.
.^. Cenificate ol Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Rcgister87, No. .^2).
§ 5360. Fees.
(a) Application for Preliminary Education Course Approval. Five
hundred eighty-eight dollars ($588).
(b) Application for Continuing Education Course Approval. Three
hundred ninety-six dollars ($396) for the first four (4) hours plus eighty-
seven dollars ($87) for each additional hour.
(c) Application for Instructor Approval. Four hundred seventy-two
dollars ($472).
NoTt;: This lee does not apply lo an instructor of a college or university with ac-
creditation approved by the U.S. Depaitment of Lducation or to a course provider
applying for instructor approval.
(d) Application for Approval of Changes to Approved Courses. One
hundred seventy-eight dollars ($178) for each course.
(e) Application for Equivalency Approval.
One hundred sixty-seven dollars ($167) for the first two (2) hours plus
sixty-six dollars ($66) for each additional hour.
(f) Application for Exemption. Two hundred eleven dollars ($21 1 ).
(g) Application for Preliminary or Continuing Education Course Ap-
proval Renewal. One hundred iwenty-seven dollars ($127). plus sixty-
three dollars ($63) if changes are made to the course or related materials.
(h) Application for Instructor Approval Renewal.
One hundred eight dollars ($108).
(i) Resubmittal of Corrected Applications. Twenty-five percent of the
original filing fee specified in this section not to exceed one hundred dol-
lars ($100).
(J ) Change of Ownership. Name or Address. Forty-five dollars ($45 ).
(k) Certification of Course Presentation. Twenty-two dollars ($2,2)
plus seven dollars ($7) for each attendee in aclassroom type course; three
dollars ($3) for each correspondence course or course challenge.
Norr;: Authority cited: Section 18015, Health and Safety Code. Reference: Sec-
tion 18031. Health and Safety Code.
History
1 . New section filed 1 2-8-86 as an emergency; effective upon tiling (Register 86.
No. 50). A Ceiiitlcate of Compliance must be transmitted to OAL within 120
days or emergency lansuaae will be repealed on 4-7-87. For prior history, see
Register 86. No. 19. ED. NOTE: Also refer to Section 5300 for complete HIS-
TORY NOTE.
2. New section rellled 4-6-87 as an emergency; effeciive upon tiling ( Register 87,
No. 15). A Cenitlcate of Compliance must be transnnitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and tiled 7-27-87
(Regi,ster87. No. 32).
4. Amendment filed 12-29-2005; operative 1-1-2006 pursuant to Government
Code section I I.M3.4 (Register 2005. No. 52).
§ 5362. Denial of Approval.
(a) The department shall not approve any application for approval sub-
mitted pursuant to this subchapter when any of the following conditions
exist:
( I ) The requirements of this subchapter have not been satisfied.
(2) The applicant for Instructor Approval or Course Approval has been
convicted of a felony, a misdemeanor involving moral turpitude. t)r a
mi.sdemeanor associated with mainifaclured home or mobilehoine sales.
(3)Theapplicant for Instructor Approval or Course Approval is or was
a holder of a license issued by the department pursuant lo this chapter
which has been revoked, suspended; or if the applicant has been placed
on probation, or the licensee has been ordered to pay fines, penalties ov
restitution pursuant to a hearing or stipulation and waiver resulting from
departmental action against the licensee.
(b) When the department denies approval of an application submitted
pursuant to this subchapter, the department shall provide written notice
to the applicant describing the reasons for denial and providing informa-
tion as to appeal rights.
NOTE: Authority cited: Sections 1 801 5 and 1 8056.2. Health and Safely Code. Ref-
erence: Section.s 18056. 18056.2 and 18056.4. Health and Safely Code
History
1 . New section tiled 12-8-86 as an emergency; eftective upon llMngt Register 86.
No. 50). A Certificate of Compliance nuisi be transmitted to OAL v.ithin 120
davs oremersency laneuatie will be repealed on 4-7-87. For prior hisiorv. see
Reeisler 86. No. 19. ED. NOTE: Also refer to Section 5300 lor complete'HlS-
TORY NOTE.
2. New section rellled 4-6-87 as an emergency; elfcctive upon tiling (Register 87.
No. 15). A Certificate of Compliance must he transmitted lo OAL wiihin 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted lo OAL 6-26-87 and filed 7-27-87
(Register 87. No. 32).
§ 5364. Cancellation of Approval.
(a) Whenever the department discovers that a previously approved
preliminary or continuing education course, instructor, or application is
in violation of the provisions of this subchapter the department shall take
enforcement action as prescribed in this section.
(b) If the violations can be corrected, the department shall provide
written notice to the person responsible for the violalions(s) and require
correction within at least 20 days of the notice or such time as determined
appropriate by the department.
(c) If the violations cannot be corrected, the department shall issue a
written warning to the person(s) responsible for the violation(s) in which
the violations(s) is identified and the recipient is ordered to immediately
discontinue those activities which are in violation.
(d) If the violations were committed willfully, or when a person served
with a written notice issued pursuant to this section fails to comply, the
department shall cancel the approval status.
NOTE: Authority cited: Sections 1 801 5 and 1 8056.2. Health and Saletv Code. Rel-
erence: Section 18020, 18056, and 180.56.2. 18056.4. Health and Safely Code.
History
1. New .section tiled 12-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency laneuase will be repealed on 4-7-87. For prior histiiry. see
Register 86, No. 1 9. ED. NOTE: Also refer lo Section 5300 tor complete HIS-
TORY NOTE
2. New section refiled 4-6-87 as an emergency; etfeetive upon tiling ( Register 87.
No. 15). A Certificate of Compliance must be transmitted lo OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Register 87, No. 32).
§ 5366. Appeals Procedure.
(a) Any person receiving a written notice issued pursuant to .Sections
5362 or 6364, may request and shall be granted a presentation of views
before the director or his or her designee. Such person shall file with the
department a petition requesting a presentation of views. For the pur-
poses of this section, a petition shall be a written request, brielly stating
the grounds for the request.
(b) Upon receipt of a petition, the department shall set a time and place
for the presentation of views and shall give the petitioner written notice
thereof. The presentation of views shall commence no later than thirty
(30) days after receiving the petition or such other time as requested by
the petitioner if good and sufficient cause exists. Should the petitioner
fail to appear at the scheduled time and place, the department may dis-
miss the petition without further action or take such other action as may
be appropriate to obtain compliance.
Page 255
Register 2005, No. 52; 12-30-2005
§ 5368
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) Within 30 days of the presentation of views, the department shall
notify the petitioner in writing of the decision in the matter and the rea-
sons therefor.
NOTE: Authority cited: Sections 180 15 and 18056.2. Health and Safety Code. Ref-
erence: Section 18020, Health and Safety Code.
Hi. STORY
1 . New section filed 1 2-8-86 as an emergency; effective upon filing (Register 86.
No. 50). A Cenitlcate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-7-87. For prior history, see
Resister 86. No. 19. ED. NOTE: Also refer to Section 5.^00 for complete HIS-
TORY NOTE.
2. Mew section refiled 4-6-87 as an emergency; et fective upon filing ( Register 87.
No. 15). A Ceitificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8^-87.
3. Certificate of Compliance includins amendment of subsection (c) transmitted
to OAL 6-26-87 and filed 7-27-87 (Reeister 87. No. 32).
§ 5368. Enforcement.
In order to enforce the provisions of the Health and Safety Code relat-
ing to preliminary and continuing education and this subchapter, repre-
sentatives of the department shall be permitted to:
(a) enter at reasonable times and without advance notice, any premises
where preliminary or continuing education courses are presented and
monitor such presentation;
(b) examine and copy any records or documents required by this sub-
chapter;
(c) reqtiire the submittal of copies or records required by this subchapt-
er;
(d) take such other action permitted by law to carry out the require-
ments of law and this chapter.
NOTL: Authonly cited: Sections 1 801 5 and 1 8056.2. Health and Safety Code. Ref-
erence: Sections 18020 and 18056. Health and Safely Code
History
1. New section filed 12-8-86 as an emergency; effective upon filing (Register 86,
No. 50|. A Certificate of Compliance must be transmitted to OAL within 120
davs or emereency lansuaee will be repealed on 4-7-87. For prior history, see
Register 86, No. 1 9. ED. NOTE: Also refer to Section 5300 for complete HIS-
KmY NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and filed 7-27-87
(Resister 87, No. 32).
■JC. ;l^ :i:
Page 256
Register 2(X)5, No. 52; 12-30-2005
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Chapter 5. Registration and Titling of Manufactured Homes, Mobilehomes,
Multi-Unit Manufactured Housing, Commercial Coaches, Truck Campers,
and Floating Homes
Vol. 33
XHOIVISOISI
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Registration and Titling
Table of Contents
Chapter 5. Registration and Titling of Manufactured Homes, Mobilehomes,
Multi-Unit Manufactured Housing, Commercial Coaches, Truck Campers, and
Floating Homes
Table of Contents
Page
Page
Chaplcr 5. Registration and Titling of
Man u fact urcd Homes.
Mobilehomes. Multi-Unit
Manufactured Housing.
Commercial Modulars. Truck
Campers, and Floating Homes
Administration
Application and Scope.
Definitions.
Article 1.
S .^5 1 0.
S .^.^ 1 1 .
Article 2.
257
257
!^ 5520.
§ 552 1 .
S 5522.
^5 5523.
S 5524.
S 5525.
SV5525.1.
^ 5525.2.
^ 5526.
i^ 5527.
Article 3.
Registration of Units Not
Previously Registered in
California 259
Registration of a New Manufactured
Home or Multi-Unit Manufactured
Housing.
Registration of a New Commercial
Modular.
Registration of a New Manufactured
Home. Multi-Unit Manufactured
Housing, or Conuiiercial Coach
When the Dealer Has Gone out of
Business.
Registration of a Truck Camper Not
Previously Registered in California.
Registration of a Floating Home Not
Previously Registered in California.
Registration of Manufactured
Homes. Mobilehomes. Multi-Unit
Manufactured Housing, and
Commercial Coaches Manufactured
and Purchased in Another State and
Brought into California Prior to
Registration in Another State.
Registration of Used Manufactured
Homes. Used Mobilehomes. Used
Multi-Unit Manufactured Housing
and Used Commercial Coaches
Registered and Titled in Another
State and Brought into California.
Registration of Used Manufactured
Homes, Mobilehomes. Multi-Unit
Manufactured Housing, and
Commercial Coaches Registered in
Another State and Brought into
California When the Out-t)f-State
Certificate of Title Cannot Be
Provided.
Registration of Goveniment Surplus
Units.
Registration of a Commercial Coach
Previously Under the Jurisdiction of
the Division of the State Architect.
Registration Changes Upon
Transfer of Units
Registered in California 260.4
^ 5530. Changes to Registration of Used
Manufactured Homes Mobilehomes.
Multi-Unit Manufactured Housing
or Conmiercial Modukus Regislcrcci
with the Department or
DMV — Dealer Participation
Transfers.
^ 5530. 1 . Avoidance of Penalties and
Administrative Service
Fees — Comniercial Coach
Registration When the Certificate ol
Title Is in the Department's
Possession.
§ 5531 . Changes to Registration of Used
Units Registered with the
Departinent or DMV — Dealer
Non-Participation Transfers.
§ 5532. Report of Transfer.
§ 5533. Titling Document Endorsements and
Alternatives.
Article 4. Registration Requirements 260.6
!? 5540. Recording a Registered Owner.
Legal Owner or .Junior Lienholdcr
interest in a Unit.
§ 5540.1. Recording the Registered Owner.
Legal Owner or .Funior Lienholdcr
as a Co-Ownership.
§ 5541. Applications Requiring a
Registration Information fXicument
S 5542. Endorsements by Co-Owners.
§ 5542.1. Endorsement for a Deceased
Registered Owner, Legal Owner, or
Junior Lienholder.
§ 5542.2. Acceptable Signatures and
Endorsement by an Authorized
Representative of a Registered
Owner. Legal Owner, or Jimior
Lienholder Other Than a Deceased
Registered Owner, Legal Owner, or
Jimior Lienholder.
§ 5543. Requirements for Clarification,
Correction, or Change of Name.
§ 5543. 1 . Company Name Change Without a
Change in Business Entity.
§ 5544. HUD Label and HCD Insignia
Number Requirements.
§ 5,545. Smoke Detector Certification
Requirements.
§ 5,546. Acceptable Methods to Renew
Yearly Registration.
§ 5546.1. Payment of Annual Renewal Fees
with an Application for
Registration.
§ 5547. Requirements for Bonds and Other
Undertakings.
§ 5547.1 . Tax Clearance Certificate and
Conditional Tax Clearance
Certificate Requirements.
§ 5548. Statement of Error or tirasure.
§ 5548.1 . Assignment of Expiration Dates,
v^ 5549. Completion or Reproduction of
Documents and Forms.
Page i
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
S 5549.2.
§ 5549.3.
§ 5549.4.
Article 5.
^5 5550.
^ 5551.
f^ 5560.
§5561.
Article 7.
§ 5570.
§5571.
§ 5549. 1 . Cont'identialily of Home Addiess
tor a Registered Owner.
Change of Mailing Address.
Change of Loeation Address lor a
Cominereiai Coach.
Change of Location Address of a
Manufactured Home. Mobilehome.
Multi-Unit Manufactured Housing,
or Floating Home.
Duplicates and wSubslllutes 260.17
Requirements for Obtaining a
Duplicate Certificate of Title.
Requirements for Obtaining a
Duplicate Registration Card for a
Unit.
§ 5552. Requirements for Obtaining a
Substitute Decal or Substitute Year
Slicker.
§ 5553. Requirements for Obtaining a
Substitute Month Stickei.
Article 6. Manufacturer Reporting
Requirements 260. 1 8
Manufacturer Certificate of Origin
Requirements.
How to Correct an Error and/or
Prepare a Duplicate Replacement
Manufacturer Certificate of Origin.
Dealer Sale Requirements 260.23
Dealer Escrow Responsibilities.
Notification of Escrow Opening and
Establishment of a 120-Day
Moratorium on the Title Record.
§ 5572. Extension of the 120-Day Escrow
Moratorium.
§ 5573. Notification of Escrow Closing.
§ 5574. Notification of Escrow
Cancellation.
§ 5575. Report of Sale or Lease
Requirements.
§ 5576. How to Report a Voided or Lost
Report of Sale or Lease Form.
§ 5577. How to Correct Reporting the
Wrong Unit as Having Been Sold.
§ 5578. 1 . How to Report the Sale or Other
Transfer of a Unit Destined for
Out-of-State Delivery.
§ 5578.2. How to Report the Sale or Other
Transfer of a Used Unit Located
Out-of-State.
How to Report Sales or Transfers
Between Dealers.
Perfection and Release of
Security Interests 260.25
How to Report a Nev\ Legal Owner
on a Used Unit.
How to Report the Release of the
Legal Owner's Interest.
How to Report the Assignment of
the Legal Owner's Interest.
How to Report the Retention of the
Legal Owner's Interest.
How to Report a New Junior
Lienholder.
How to Report the Release of a
Junior LienhoJder's Interest.
Reporting the Assignment of
Security Interest of the Junior
Lienholder.
§ 5587. Reporting the Retention of Interest
of a Junior Lienholder.
AiTiclc 9.
§ 5579.
Article 8.
§ 5580.
§5581.
§ 5582.
§ 5583.
§ 5584,
§ 5585,
§ 5586,
§ 5590.
§ 5591.
§ 5592.
§ 5593.
§ 5594.
§ 5595.
§ 5.596.
§ 5597.
Article 10.
§ 5600.
§5601.
Article 11.
§5610.
§5611.
§ 5612.
§ 5613.
§ 5614.
Article 12.
§ 5620.
Foreclosures. Repossessions.
Abandonments.
Warehouseman's Liens, and
Other Involuntary
Transfers 260.32
How to Report a New Unit
Repossessed from a Dealer's
Inventory.
How to Repon a Used Unit
Acquired Through Foreclosure or
Repossession.
How to Repon a Unit Acquired at a
Public Sale Authorized by a
Governmental Entity.
How to Report a Unit Acquired
Through a Court Judgment.
How to Report a Unit Acquired at
an Attaciiment Sale.
How 10 File a Judgment Lien on a
Manufactured Home, Mobilehome,
or Multi-Unit Manufactured
Housing.
How to Report a Unit Acquired at a
Public Sale of an Abandoned
Manufactured Home, Mobilehome,
or Multi-Unit Manufactured
Housing Located in a Mobilehome
Park.
How to Report a Unit Acquired at a
Warehouseman's Lien Sale.
Commercial Coach Seizure and
Sale to Satisfy a Lien in
Favor of the State of
California 260.35
Requirements to Request a Hearing
to Contest the Existence or Amount
of the State Lien.
Registration of a Commercial Coach
Acquired as a Result of Seizure and
Sale.
Foundation Systems 260.35
How to Report the Installation of a
New Unit onto a Foundation
System.
How to Report the Sale and
Installation of a Used Unit on to a
Foundation System for Sales by or
Through a t)ealer.
Reporting the Sale and/or
Installation of a Used Unit on a
Foundation System Not Sold
Through or by a Dealer.
Reporting the Conversion of a
Manufactured Home, Mobilehome,
or Multi-Unit Manufactured
Housing to a Fixture and
Improvement to the Underlying
Real Property in a Mobilehome Park
Converted or Converting to a
Resident-Owned Subdivision,
Cooperative, Condominium, or
Nonprofit Corporation.
How to Register a Unit Removed
from a Foundation System or from
the Real Property to Which it Is a
Fixture and Improvement.
Local Property Taxation and
Relief 260.37
Voluntary Transfer to Local
Property Taxation.
Page ii
(10-12-2007)
Title 25
Registration and Titling
Table of Contents
Page
Page
^ 562 I .
i5 5622.
i^ 562. V
Article 13.
S .56.^0.
>j .56.'^ I .
Article 14.
ij .5640.
S .564 1 .
ij -5642.
J5 564 .'^v
i^ccjuiiviiicnls Icir Tianslcniiig
Inicrcsi Wlicn the Dcpanmeiu's
i^CLOid.'N ivcllccl a Pic)|KMly Tax
Poslponcmcnt Moratorium.
Removal of the Properly Tax
Moratorium.
Requirements lor Applying lor
Disasiei Tax Relief.
Sal \ age Reporiiny
Requirements 260. .^^i
Reporting a Unit a.^ .Salvage.
Regi.stration of a Unit Previou.sly
Reported as Salvage.
Notice of Attachment 260.40
l^eporiiiig an Attaehment Lien on a
Mannlactured Home. Mobilehome.
Multi-LInit Manulaetured Housing.
or Commereial Coaeh.
Filing a One-Year Hxtension on a
Attaehment Lien Reeorded with the
Department.
Repoiling the Release of an
Attaehment Lien.
Requesting Attaehment Lien
Information.
Article 15.
!j .56.50.
S -"^Ci^ 1 ■
Article 16.
S 5660.
>; 566 1 .
{j .5662.
S .566.1
Jj 5664.
^ .5665.
{; 5666.
^ 5667.
§ .5668.
Title Search
Requesting a Title Seareh.
hstahiishing a Ret|uester Aeeoinit.
Fees and Exen'ipiit>ns
Sehedule of Fees and Penalties.
Applieation for Reluntl.
How to Fstablish an Fxemption
from Fees for Go\enimenial
Fniities.
How 10 Fstahlish an Fxemption
from In Lieu Taxation lor
Nonresident Military Personnel.
How to Fstablish an Fxemption
from In Lieu Taxation for
Indian-Owned Units Loeated on an
hidian Reservation or Raneiieria.
How to Fstablish an Fxemption
from In Lieu Taxation for a
Disabled Veterans.
How to Obtain an Fxemption from
the Park Pure base Fund Fee.
Payment of Use Tax.
How To ^^s^ablish an Fxemption
from Use Tax.
260.41
260.41
Page iii
Title 25
Registration and Titling
^5511
Chapter 5. Registration and Titling of
Manufactured Homes, Mobilehomes,
Multi-Unit Manufactured Housing,
Commercial Modulars, Truck Campers, and
Floating Homes
Article 1. Administration
§5510. Application and Scope.
(a) The provisions ol' this chapter shall apply to manufactured homes,
mobilehomes. multi-unit manufactured housing, commercial coaches,
truck campers, and lloating homes subject to registration with the depart-
ment.
(b) Except as provided in Sections 5610, 361 1 , 5612, or 5613 the pro-
visions oi' this chapter shall not apply to manufactured homes, mobile-
homes, multi-unit manufaetvired housing, or commercial coaches in-
stalled on foundation systems pursuant to Section 18551 of the Health
and Safety Code or a manufactured home, mobilehome, or multi-unit
manufactured housing converted to a fixture and improvement to the real
property pursuant to Section 18555 of the Health and Safety Code.
NOTt;; Authority cited: Sections 1X01. S and 1H()7.S. Health and Safety Code. Ref-
erence; .Sections 18008.7. 18075. 18075.5. 18075.53, 18075.6. 18075.7. 18084.7
and 18080.5. Health and Safety Code.
History
1. New chapter 5. aniclc 1 (sections 5510-551 1 ) and section filed 12-31-97:op-
erative 1-1-98 pursuant to Government Code section 1 1.34,3.4(d) (Register 98,
No. 1 ). Hor prior history of chapter 5. subchapter I. sections 5500-5509, see
Register 96, No. 1 .
2. Change withoiil regulaloiy effect amending chapter 5 heading filed 7-6-2007
pursuant to section 1 00, title 1 , California Code of Regulations (Resister 2007,
No, 27).
§5511. Definitions.
The following definitions shall apply to the provisions of this chapter
in addition to the definitions set forth in Health and Safety Code Sections
18001 through 18014.
(a) ■■Adtninistrator'" means a person appointed by the Superior Court,
as documented by letter(s) of administration, to administer an estate and
to dispose of any estate property when a person dies without a will.
(b) "Annual Registration Fee" means the fee required by Health and
Safety Code Section 181 14(a) that must be paid to the department annu-
ally for the renewal of the registration of each transportable section of a
manufactured home, tnobilehome, or commercial coach not installed as
a real property unit or not otherwise subject to local property taxation.
(c) "Annual Renewal Fees" means the combination of three separate
fees: ( I ) the annual registration fee; (2) the annual vehicle license fee: and
(3) the annua] Mobilehome Park Purchase Fund fee.
(d) "Annual Vehicle License Fee" means the fee required by Health
and Safety Code Section 181 15 that must be paid annually to the depart-
ment for the renewal of the registration of a manufactured home, mobile-
home, or cotTimercial coach not installed as a real property unit. Annual
Vehicle License fees are due per transportable section.
(e) "Application for Registration" means the appropriate documents,
fees, and taxes required to report or amend the description, ownership,
and/or location of a manufactured home, mobilehome, multifamily man-
ufactured home, commercial coach, truck camper, or floating home.
(f) "California Resale License Number" means the account number is-
sued by the Board of Equalization to a taxpayer.
(g) "Certificate of Title" means the titling document, issued by the de-
partment which evidences the registered owner of a unit and if applica-
ble, ail legal owners of a unit.
(h) "CF Number" means a permanent vessel registration number as-
signed by the Department of Motor Vehicles to vessels undocumented
in accordance with the federal standards under the Department of Navi-
gation and Ocean Development. In California, these numbers are pre-
fixed by the letters "CF" followed by four numbers and a iwo-leiler suf-
fix (e.g.,CF 12.34 AB).
(i) "Chain of Ownership" means the documentation necessary lo es-
tablish the succession of the ownership from the registered owner on the
permanent title record through any subsequent owners to and including
the new registered owner of a manufactured home, mobilehome, multi-
family manufactured hotiie, commercial coach, truck camper, or lloating
home.
(j) (Reserved)
(k) "CotTimercial Coach" has the same meaning as provided in Section
1 800 1 .8 of the Health and Safety Code. A commercial coach may consist
of multiple transportable sections. For purposes of Chapter 5, "commer-
cial coach" shall refer to each transportable section.
(/) "Company" means a corporation, partnership (general or limited),
limited liability company or partnership, joint venture, sole proprietor-
ship, or other form of business entity authorized by the laws of the State
of California.
(iTi) "COMPRO" is an acronym for community property used in cer-
tain documenis issued by the department.
(n) "Conservator" means the person appointed by the Superior Court
as conservator of the estate for an audit, or the liiTiited conservator of a
developmentally disabled adult.
(0) "Co-owner" means two or more persons owning a interest in a unit
as tenants in common, joint tenants, or as coiTimuniiy property as more
fully described in Health and Safety Code Section 18080.
(p) "Date of Sale or Lease" means ( 1 ) for sales or leases by or through
a dealer, the date the transaction is completed as provided in Section
J 8080.5(e) of the Health and Safety Code and (2) for other sales or leases,
the date the transferor of a unit has endorsed and delivered the tilling doc-
ument as provided in Section 18101 of the Health and Safety Code.
(q) "Dealer" means a person licensed by the departmeni pursuant to
Chapter 7 of the Health and Safety Code commencing with Section
18045.
(r) "Decal" means the tag issued by the department as described in
Health and Safety Code Section 18092 or by DMV to indicate registra-
tion of a manufactured home, mobilehome, multifamily manufactured
home, commercial coach, truck camper, or floating home.
(s) "DMV" is the abbreviation for the State Department of Motor Ve-
hicles.
(t) "Emancipated Minor" means any person less than 1 8 years old who
meets one or more of the following requirements;
(1) Who has entered into a valid marriage, whether or not such mar-
riage was subsequently dissolved; or
(2) Who is on active duty with any of the armed forces of the United
States; or
(3) Who has received a declaration of emancipation from a Superior
Court pursuant to Section 7122 of the Family Code.
(u) "Encumber the Title" means to record a lien against a manufac-
tured home, mobilehome. multifamily manufactured home. cotTimercial
coach, truck camper, or floating home by the addition or change of a legal
owner or junior lienholder.
(v) "Escrow Identifying Information" means the following: ( I ) the es-
crow file number (2) the escrow agent's name; (3) the escrow agent's ad-
dress; (4) the escrow agent's telephone number; (5) the buyer(s) name(s);
and if the transaction is by or through a dealer; (6) the selling dealer's
name; (7) the selling dealer's license number; and (8) the selling dealer's
address.
(w) "Estate" means the estate of a deceased person(s).
(x) "Executor" means a person appointed as the executor of an estate
by a Superior Court and who has obtained Letters Testamentary.
(y) "Floating home" has the same meaning as in Health and Safety
Code Section 18075.55(d).
(z) "Formal Title Search" means a computer printout provided by the
department which includes descriptive data of a manufactured home,
mobilehome, multifamily manufactured home, commercial coach, truck
Page 257
Register 2(X)8, No. 29; 7- 18-2(X)8
§ 5511
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
camper, or tloating home and all current registered owner and legal own-
er inl'ormation. and any subsequent issued notice of changes to that infor-
mation that occurs within 120 days.
(aa) "Fully Exempt Agency'" means the agency or person that qualifies
a manufactured home, mobilehome, multifamily manufactured home,
commercial coach, or truck camper for an exemption from registration
fees, pursuant to Section 18076 of the Health and Safety Code.
(bb) "Guardian" means the person appointed by the Superior Court as
the guardian of the estate for a minor.
(cc) "HCD" means the department as defined in Section 1 8002.8 of the
Health and Safety Code.
(dd) "HCD Insignia" means the tab or tag issued by the department,
as required by Section 18026 of the Health and Safety Code, to indicate
compliance on the date ol' issue, with the department's safely and con-
struction regulations.
(ee) "HUD Label" means the federal label required by Section 1 8026
of the Health and Safety Code to indicate compliance with the federal
safety and construction standards.
(ff) "ILT Fee" is an abbreviation for In Lieu Tax Fee.
(gg) "Indian Reservation" means a tract of land set aside by the Federal
government for use by Indian people or a tribe.
(hh) "Individual" means one natural person 1 8 years of age or over.
(ii) "Informal Title Search" means a computer printout provided by the
department revealing the descriptive data of a manufactured home,
mobilehome, multifamily manufactured home, commercial coach, truck
camper, or floating home and all current registered owner and legal own-
er information.
(jj) "In Lieu Tax Fee" means the vehicle licen.se fee described in Sec-
tion 181 15 of the Health and Safety Code.
(kk) "In Lieu Taxation" means the system of manufactured home, mo-
bilehome, or commercial coach taxation that requires the payment of an-
nual vehicle license fees pursuant to Section 18115 of the Health and
Safety Code rather than local property taxation.
(//) "Interest Group" means a person or group of persons who may be
co-owners that share(s) an ownership interest in a unit one or more other
persons who may also be co-owners.
(mm) "Inventory Creditor" has the same meaning as provided in Sec-
tion 18035(b) of the Health and Safety Code.
(nn) "JTRS" is the acronym for "joint tenants."
(oo) "Junior Lienholder Identifying Information" means the name and
address of the junior lienholder.
(pp) "Lessor/Lessee" means a registered owner designation when the
owner of a unit chooses to identify a lessee of the unit as the unit's regis-
tered owner.
(qq) "Legal Owner Identifying Information" means the name and ad-
dress of the legal owner.
(rr) "Local Property Taxation" means the system of taxation estab-
lished by Revenue and Taxation Code, Division 1 , Part 1 3, (commencing
with Section 5800) for manufactured homes, mobilehomes. or multifam-
ily manufactured homes, not subject to in lieu taxation.
(ss) "Mailing Address" means the address provided to the department
to which any correspondence or documents are to be mailed.
(tt) "Manufactured Home" means a structure as defined by section
18007 of the Health and Safety Code. For the purpose of Chapter 5,
"manufactured home" shall include all transportable sections that com-
prise the manufactured home.
(uu) "Manufacturer Certificate of Origin" or"MCO" means the certif-
icate described in Health and Safety Code 18093.
(vv) "Minor" means a person under 1 8 years of age that is not an eman-
cipated minor.
(ww) "Mobilehome" means a structure as defined by section 18008 of
the Health and Safety Code. For the purpose Chapter 5. "mobilehome"
shall include all transportable sections that comprise the mobilehome.
(xx) "Moratorium" means a temporary suspension of the manufac-
tured home, mobilehome, multifamily manufactured homes, commer-
cial coach, truck camper, or floating home record. This suspension will
disallow any transfer of interest or the issuance of a certificate of title or
registration card.
(yy) "Multifamily Manufactured Home" means a structure as defined
by section 18008.7 of the Health and Safety Code. Multi-unit manufac-
tured housing has the same meaning as "multifamily manufactured
home", as that term is defined by section 18008.7 of the Health and Sal'e-
ty Code. For the purpose Chapter 5. "multifamily manufactured home"
shall include all transportable sections that comprise the multifamily
manufactured home.
(//) "Nonresident Unit" means a manufactured home, mobilehome,
multifamily manufactured homo, commercial coach, tiiick camper, or
lloaling home previously located in another state and brought into the
State of California.
(aaa) "Normal Signature" means any signature that involves one or
more of the following circumstances:
( 1 ) The use of the first, middle, and last name.
(2) The use of an initial in place of a first or middle name.
(3) The use of a common abbreviation of a first or middle name.
(4) The omission of a middle name or middle initial, or
(5) The u.se of a signature that identifies the person as being the same
person whose printed name appears on the document.
(bbb) "Original Registration" means the first time the appropriate doc-
uments, fees, and taxes are filed with the department to report the descrip-
tion, ownership, and location of a manufactured home, mobilehome.
multifamily manufactured home, commercial coach, truck camper, or
tloating home and the required registration and titling documents are is-
sued by the department.
(ccc) "Personal Property Taxation" means the system of taxation es-
tablished by Revenue and Taxation Code. Division 1. Part 13. (com-
mencing with Section 5800) for tnick campers.
(ddd) "Perfected Lien Date and Time" means the dale and time all re-
quired documents and fees required are received by the department to re-
cord a security interest acquired or retained on a manufactured home,
mobilehome, multifamily manufactured home, commercial coach, truck
camper, or floating home.
(eee) "Rancheria" means the same as Indian reservation.
(fff) "Real Properly Unit" means a manufactured home, mobilehome,
multifamily manufactured home or commercial coach installed on a
foundation system pursuant to Section 18551 of the Health and Safety
Code or a manufactured home, mobilehome or multifamily manufac-
tured home converted to a fixture and improvement to the underlying real
property pursuant to Section 18555 of the Health and Safety Code.
(ggg) "Registered Owner Identifying Information" means the name(s)
and address(es) of all registered owners.
(hhh) "Registration" means the recording by the department of the in-
formation contained in the application for registration.
(iii) "Registration Card" means the registration document issued by
the department or by DMV that reflects ownership information and cur-
rent registration status or the application for duplicate registration card
which meets the requirements of Section 5551.
(jjj) "Resident" means any person who displays an intent to live in this
state on more than a temporary or transient basis. A person's presence in
the state for six months or more in any twelve-month period is recog-
nized as proof of residence. Evidence of residence includes:
( 1 ) Address where a person is registered to vote;
(2) A person's location of employment or place of business;
(3) A person's payment of resident tuition at a public institution of
higher education;
(4) The attendance of a person's dependents at a primary or secondary
school.
(5) A person's filing of a homeowner's property tax exemption:
(6) The rental or leasing of a home by a person for use as a residence;
(7) A person's declaration of residency to obtain a license or any other
privilege or benefit not ordinarily extended to a nonresident;
(8) A person's possession of a California driver's license:
Page 258
Register 2008, No. 29; 7-18-2008
Title 25
Registration and Titling
ij 5520
(9)()ihcracls. occurrences, or events thcil iiidicaie a person's presence
in the stale is more than temporary or transient.
(kkk) "Signed Under Penalty of Perjury" means a declaration or state-
ment on which the following statement appears prior to the date, place
of signing an the declarant's signature: "'I/We certify under penalty of
perjury under the laws of the State of California that the foregoing is true
and correct."
(///) "Sole Owner" means the registered owner of a manufactured
home, mobilehome, multifamily manufactured home, commercial
coach, truck camper, or floating home for which no legal owner or junior
lienholder has been recorded.
(mmm) "Subject to Local Properly Taxation" means a floating home
or a manufactured home, mobilehome. multifamily manufactured home
not subject to in lieu taxation, either by virtue of (i) the unit owner's vol-
untary election \o be subject to local property taxation: (ii) the fact that
the unit was iirst sold on or after July 1 . 1980; or (iii) the fact that the unit
owner's involuntary conversion to local property taxation as a result of
a delinquency in the payment of in lieu taxes.
(nnn) "Substitute Decal" means adecal issued by the department to re-
place a decal that was previously issued by DMV or HCD.
(000) "Substitute Year Sticker" means a year sticker issued by the de-
partment to replace a year sticker previously issued by DMV or HCD.
(ppp) "Tax Type" means the method of taxation that a manufactured
home, mobilehome, multifamily manufactured home, commercial
coach, truck camper, or floating home is subject to. The four tax types
are; In Lien Taxation, Local Property Taxation. Personal Property Taxa-
tion, and Real Property Taxation pursuant to Section 229 of the Revenue
and Taxation Code. Units may be exempt from any of these types of taxa-
tion.
(qqq) "TENCOM" is an acronym for "tenants in common" used by the
department on certain documents.
(rrr) "TENCOM AND" is an acronym for "tenants in common." with
the names Joined by "and" and used by the department on certain docu-
ments.
(sss) "TENCOM OR" is an acronym for "tenants in common." with
names Joined by "or" and u.sed by the department on certain documents.
(ttt) "Titling Document" includes the following:
( 1 ) The Certificate of Title issued by the department.
(2) The Ownership Certificate, Certificate of Ownership, or Certifi-
cate of Title issued by the Department of Motor Vehicles.
(3) The title issued for a unit by a regulatory agency in another state,
or
(4) An application for a duplicate certificate of title, which meets the
requirements of 3550.
(uuu) "Transaction Date and Time" means the date and time that all
required documents and fees required in an application lor registration
of a manufactured home, mobilehome, multifamily manufactured home,
commercial coach, truck camper, or floating home are received by the
department.
(vvv) "Transfer of Title" means an addition, change, or deletion of the
registered owner, legal owner, or Junior lienholder of a manufactured
home, mobilehome, multifamily manufactured home, commercial
coach, truck camper, or lloating home.
(www) "Transfer on Death Beneficiary" (TOD Beneficiary) means an
individual designated by the registered owner as the individual to
succeed the registered owner as the registered owner of a unit, pursuant
to Section 18080.2 of the Health and Safety Code.
(xxx) "Transporter's Bill of Lading" means a document listing and ac-
knowledging receipt of goods for shipment.
(yyy) "True Name" means either ( I ) the first, middle, and last name
of an individual or (2) a name that is sufficiently descriptive to identify
the individual recorded by the department as the registered owner, legal
owner, orjunior lienholder of a manufactured home, mobilehome, multi-
family manufactured home, commercial coach, truck camper, or floating
home. The use of the acronym "AKA" (meaning also known as) followed
by any other name by which the individual is known may also be used
as part of the individuals true name. The use of complimentary or profes-
sional titles may be added to the true name only if the individual is com-
monly addressed by thai title. For example, either Mary Ann Smith or
Mary A. Smith could be used as the true name.
(/:/./) "Trustee" means the person designated as the trustee in a trust
agreement.
(aaaa) "Unit", for the purposes of this chapter, means all the transport-
able sections of a manufactured home, mobilehome, or multifamily man-
ufactured home; a truck camper or a floating home; and each transport-
able section of a commercial coach as defined in Section 18080.3 of the
Health and Safety Code.
(bbbb) "Unit Identifying Information" means the following: ( I ) Each
license plate number or decal number of a manufactured home, mobile-
home, or multifamily manufactured home or the license plate number or
decal number of a commercial coach, truck camper, or floating home: (2)
the manufacturer's trade name of the unit, if any; and (3) each serial num-
ber of a manufactured home, mobilehome, or multifamily manufactured
home or the serial number of a commercial coach, tnick camper or float-
ing home.
(cccc) "Use Tax" means the tax imposed upon iheconsumer of a man-
ufactured home, mobilehome, or commercial coach, as specified in the
Sales and Use Tax Law, Part 1 (commencing with Section 6001 )ofDivi-
sion 2 of the Revenue and Taxation Code.
(dddd) "Warehousemen's Lien" has the same meaning as provided in
Section 7209 of the Commercial Code.
(eeee) "Year Sticker" means the sticker issued which displays the year
of registration expiration issued by the department after payment of an-
nual renewal fees for a manufactured home, mobilehome, or commercial
coach.
NOTE: Authority cited: Sections 1801 5 and f 8075, Heafth and Safely Code. Ref-
erence: Sections 1800f.8. f 8002.8. f8007. 18008. 18008.7, 18026. 18().\5(b).
18075..S5(d), 18076. 18076.5, 18080, 18080.1. 18080.2. 18080..'^. 18080.5.
18085. 18090.5, 18092, 18093, 18100.5.18101.18114. 18115. 18551 and 18555.
Health and Safety Code.
History
t. New section filed f2-31-97; operative 1-1-98 pursuant to Government Code
section 11343.4(d) (Register 98, No. f ).
2. Change without regufatory effect amending section filed 7-14-2008 pursuant
to seclion 100. titfe f , Cafi'fomia Code of Regulations (Register 2008. No. 29).
Article 2. Registration of Units Not
Previously Registered in California
§ 5520. Registration of a New Manufactured Home or
Multi-Unit Manufactured Housing.
(a) A California licensed dealer shall register with the department each
new manufactured home or multi-unit manufactured housing st)ld.
rented, teased, leased with an option to buy, or transferred by any other
means by the dealer and not installed as a real property unit, within 10
days after the date of sale or lea.se. The application for registration shail
meet the requirements of this section.
(b) The dealer shall complete and submit to the department a form
HCD 480. 1 , Dealer Report of Sale or Lease, New Manufactured Home
or Multi-Unit Manufactured Housing, which meet the requireinents of
Section 5575.
(c) The dealer shall submit an original copy of form HCD 483.0, the
MCO, which meets the requirements of Section 5560, completed to re-
flect the release of security interest in the manufactured home or multi-
unit manufactured housing by the inventory creditor or lienholder. The
inventory creditor or lienholder shall release its security interest by sign-
ing where designated on the form. In lieu of the release by the inventory
creditor, one of the following may be submitted:
(1) a written acknowledgment from the inventory creditor which
meets the requirements of subsection 558 1 (a)(2), indicating that its secu-
rity interest in the unit described on the MCO has been satisfied; or
(2) a statement of conditional lien release which meets the require-
ments of subsection 5581(a)(3).
Page 259
Register 2008, No. 29; 7-18-2008
§5521
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) For each legal owner and junior lienholdertohe recorded, llie deal-
er shall submit the information about the legal owner and junior lienhold-
er required by the dealer report of sale submitted pursuant to subsection
5520(b).
(e) The dealer shall also submit the following fees:
( 1 ) all fees and penalties due and payable pursuant to Sections 18114
and 181 14.1 of the Health and Safety Code;
(2) the ManufactLU-ed Home Recovery Fund Fee as specified in sub-
section 5660(s);
(3) for each legal owner or junior lienholder lo be recorded, the lien
registration service fee required by subsection 5660(m)".
(4) administrative service fees, if applicable, as specified in Section
1 8 1 23.5 of the Health and Safety Code; and
(5) the dealer report of sale filing fee. as required by subsection
-5()40(j). Title 25. Division 1. Chapter 4.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18070.1(c). 18075.5, 18080.5, 18085. 18093. 18093.5. 18114.
181 14.1 and 18123.5, Health and Safety Code.
Hlstory
1. New ailicle 2 (sections 5520-5527) and section filed 12-31-97: operative
1-1-98 pursuant lo Government Code section I 1343.4(d) (Register 98, No. 1 ).
2. New subsection (e) (replacing previously withdrawn subsection (e)) filed
4-1-98; operative 4-1-98 pursuant to Government Code section 11343.4(d)
(Register 98. No. 14).
3. Change without regulatoi7 effect amending subsections (b)-(c) filed 7-6-2007
pursuant to section 100. title 1. California Code of Reeulations (Reeister 2007.
No. 27).
§ 5521. Registration of a New Commercial Modular.
(a) A California licensed dealer shall register with the department each
new commercial modular sold, rented, leased, leased with an option to
buy, or transferred by any other means by the dealer and not installed as
a real properly unit, within 10 days after the date of sale or lease. The
application for registration shall meet the requirements of this section.
(b) The dealer shall complete and submit to the department a form
HCD 480.2, Dealer Report oi Sale or Lease, New Commercial Modular,
which meets the requirements of Section 5575.
(c) The dealer shall submit an original copy of form HCD 483.0. the
MCO, which meets the requirements of Section 5560, completed to re-
flect the release of security interest in the commercial modular by the in-
ventory creditor or lienholder. The inventory creditor or lienholder shall
release its security interest by signing where designated on the form. In
lieu of the release by the inventory creditor, one of the following may be
submitted:
(1) a written acknowledgment from the inventory creditor which
meets the requirements oi' subsection 558 1 (a)(2), indicating that its secu-
rity interest in the unit described on the MCO has been satisfied; or
(2) a statement of conditional lien relea.se which meets the require-
ments of subsection 5581(a)(3).
(d) For each legal ownerandjuniorlienholdertobereeorded, the deal-
er shall submit the information about the legal owner and junior lienhold-
er required by the dealer report of sale submitted pursuant to subdivision
5521(b).
(e) The dealer shall also submit the following fees:
( 1 ) all fees and penalties due and payable pursuant to Sections 181 14,
18115, and 181 16 of the Health and Safety Code;
(2) for each legal owner and junior lienholder to be recorded, the lien
registration service fee required by subsection 5660(m);
(3) administrative service fees, if applicable, as specified in Section
18123.5 of the Health and Safety Code; and
(4) the dealer report of sale filing fee. as required by .subsection
5040CJ). Title 25, Division 1, Chapter 4.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18001.8, 18075.5, 18080.5, 18085. 18114. 18113. 18116 and
18123.5, Health and Safety Code.
History
1. New section tiled 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
2. Change without regulatory effect amending section heading, subsections (a), (b)
and (c) and NoTi fded 7-6-2007 pursuant to section ICTO. title 1. Calilornia
Code of Regulations (Register 2007. No. 27).
§ 5522. Registration of a New Manufactured Home,
Multi-Unit Manufactured Housing, or
Commercial Coach When the Dealer Has Gone
out of Business.
(a) If a dealer goes out of business before cotnpleting the registration
of a new manufactured home, multi-unit manufactured housing, orcoin-
inercial coach transferred by the dealer and not installed as a real properly
unit, the transferee, or if escrow was opened pursuant to Section 18035
of the Health and Safety Code, the escrow agent, shall assume responsi-
bility for the registration process as required by this section.
(b) The transferee or, if escrow was opened pursuant to Section 18035
of the Health and Safety Code, the escrow company, shall coinply with
the dealer requirements of Section 5520 for a new manufactured hoine
or multi-unit tnanufactured housing and with the dealer requirements of
Section 5521 for a new commercial coach, with the following excep-
tions:
(1) In lieu of the dealer report of sale forms required by subsection
5520(b) and 5521(b). the following shall be submitted:
(A) a registration information document as required by Section 5541:
(B) documents that retlect the purchase of the manufactured home,
iTiulti-unit manufactured housing, or commercial coach by the transferee
from the dealer, which may include the sales contract, purchase order,
canceled checks, or invoices; and
(c) a statement signed under penalty of perjury by the transferee that
identifies the unit as a manufactured home, mobilehome, multi-unit
manufactured housing, or commercial coach, includes the applicable
unit identifying information, and:
1 . explains why the sales contract or purchase order cannot be pro-
vided; and
2. states whether the original purchase was financed by a lender and,
if so, the name, address and telephone number of the lender.
(2) If the original MCO required by subsections 5520(c) or 5521(c) is
not available, the transferee or, if escrow was opened pursuant to Section
18035 of the Health and Safety Code, the escrow agent, shall:
(A) obtain and submit a replacement MCO from the manufacturer as
provided in Section 5561, completed to reflect the release of security in-
terest in the unit by the inventory creditor or lienholder as required by
subsections 5520(c) or 5521(c); or
(B) obtain and submit a replacement MCO from the manufacturer as
provided in Section 5561, and, in lieu of the release of security interest
in the unit on that replacement MCO, one of inventory creditor release
alternatives described in subsection 5520(c) or 5521(c); or
(C) if a replacement MCO cannot be provided, post a bond and accom-
panying statement pursuant to the requirements of Section 5547.
(3) Neither the transferee nor any applicable escrow company shall
submit any administrative service fees as described in Section 18123.5
of the Health and Safety Code or any penalties required by Sections
181 14, 181 15. and 18116 of the Health and Safety Code because of the
dealer's failure to complete the registration of the unit.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erenee: Sections 18033, 18075.3. 18083, 18114. 18113, 18116 and 18123.3,
Health and Safety Code.
History
1 . New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1 343.4(d) (Register 98. No. 1 ).
§ 5523. Registration of a Truck Camper Not Previously
Registered in California.
(a) The owner(s) of a truck camper not previously registered with the
department or DM V may choose to register the truck camper with the de-
partment. Any such application for registration shall meet the require-
ments of this section.
(b) A truck camper must have a serial number before it can be regis-
tered with the department. If a serial number has not been issued by the
manufacturer of the truck camper, the owner(s) of the truck camper may
obtain a serial nuinber from the department as follows:
Page 260
Register 2008, No. 29; 7-18-2008
litle 25
Registration and Titling
$ 5524
•
•
(1) The owiicrfs) shall provide ihc l()IK)wing inforniaiioii aboLii ihc
tiiick camper to ihe deparlnient. by lclepht)ne or in wriiiiig:
(A) the deeal or license number:
(B) ihc manutaeluicr's name;
(C) the make or model;
(1)) (he year ol iiianLiracliiie; and
(E) the width and length, in inches.
(2) The depailmcnt shall issue to the ownei"(s) a wiitten iecoi-d of the
serial number assigned.
(}) The owneris) shall either stamp, burn, or otherwise permanenlly
inscribe the serial number on the interior (.)rthe truck camper, in a location
under the dining seal area, and cerlify lo ihe deparimenl, in a sialemenl
signed under penally of perjury, that the serial number issued by the de-
parimenl has been so inscribed.
(c) An application lor registration of a truck camper manufactured on
or alter January I. 1986. by a manulaclurer licensed by the department,
shall include either:
( 1 ) an original ceriificate of origin issued by the manuracturer olthe
truck camper pursuant to Health and Safety Code Section 18093..'^; or
(2) if a certificate of origin issued pursuanl to Health and Safety Code
Section 18093.5 cannot be provided, a bond or undertaking and state-
nienl pursuanl lo the requiremenls ol' Seclion 5.'i47 may be submitted.
(d) An application for registration of a truck camper other than a truck
camper manufactured on or after January I. 1986. by a manufacturer li-
censed by the department, shall include one of the following:
( 1 ) a titling document issued by another state and. if the owner(s) ap-
plying l\)r registration with the department is not the owner(s) rellected
on that tilling dt)cuinent, endorsements as follows:
(A) the signature of the appropriate recorded registered owner(s) on
the designated line(s) or in the designated area for release of Ihe regis-
tered owner(s): or in lieu of the release, the following may be submitted:
i . documents that relied the purchase of the truck camper by the own-
ers) applying for registration with the department from the owner(s) re-
llected on the other stale's titling document, which may include the sales
contract, purchase order, canceled cheeks or invoices;
(B) the signature of any recorded lienholderson the designated line(s)
oy in the designated area for release or retention o\' a lienholder(s). if
applicable:
(C) the signature of the new registered owner(s) on the designation
line(s) or in ihe designated area for acknowledging ownership of the
truck camper: and
(D) the signature of any new lienholders on the designation line(s) or
in the designated area for the addition of new lienholders; or
(2) documents that relied the purchase of the truck camper by the
owner(s) applying for registration with the department, which may in-
clude the sales contract, purchase order, canceled checks or invoices: or
( 3 ) a bond or undertaking and statement that complies with the require-
menls of Section 5541.
(e) All applications for registration of a truck camper shall include:
( 1 ) a registration information document as required by Section -'S541;
(2) a statement by the owner(s), signed under penally of perjury, that
includes:
(A) how and from whom the truck camper was acquired;
(B) whether any lilies or registration documents have been issued for
the truck camper by a state other than California, and, if so, if they are not
being submitted with the application for registration, the disposition of
those registration documents or titles (i.e.. lost, stolen, etc.); and
(f) The owner(s) shall pay the registration fee and. if applicable, the
registration penally, required by Seclion 181 14 of the Health and Safety
Code.
NOTR: Authority cited: Sections 1801.^ and 18()7.S. Health and Safety Code. Ref-
erence: Sections" 1X075.7. 18085. 1 8087 and 18093.5, Health and Safety Code.
History
1. New seclion Hied 12-31-97: operative 1-1-98 pursuant to Government Code
section l).^43.4(d)(Retrisfer98. No. 1).
§ 5524. Registration of a Floating Home Not Previously
Registered in California.
(a) A lloating home subject to real properly taxatit)n pursuant lo Sec-
tion 229 of the Revenue and Taxation Code, which has not been regis-
tered with the department or DMV. shall be registered with the depart-
ment within 20 days after the date of sale, resale or other transfer of title.
The application for registration shall meet the requiremenls of this sec-
tion.
(b) A lloating home musl have a serial number before it can he regis-
tered with the department, if a serial number has noi been issued by the
manufacturer of the floating home, the owner(s) of ihe llo;iting home
may obtain a serial number from the deparimenl as follows:
(1) The owner(s) shall provide the follov\ing information about the
lloating home to the department, by telephone or in writing:
(A) the decal, license or CF number, if any;
(B) the manufacturer's name:
(C) the make or model;
(D) the year of manufacture: and
(E) the width and length, in inches.
(2) The department shall issue to the owner(s) a written record o\ the
serial number assigned.
(3)Theowner(s) shall permanently affix the serial number to the lloat-
ing home in an area bounded by four feet above or below and lo the left
of the threshold for the primary egress lo the lloating home. If that area
is metal, the serial number shall he dye stamped in characters 3/4 of an
inch or larger. If that area is wood the numbers may be carved, stamped,
burned or otherwi.se permanently affixed.
(4) The owner(s) shall certify to the department, in a statement signed
under penalty of perjury, that the serial number issued by the department
has been permanently affixed as required by subsection (b)(3).
(c) The application for registration of a floating hoiTie shall include:
( 1 ) the registration information document as required by Section .^.54 1 ;
(2) one of the following:
(A) a titling document issued by another stale and, if the owner(s) ap-
plying for registration with the department are not theownerts) reneclcd
on that titling docuiTient, endorsement as follows:
1. the signature of the appropriate recorded registered ownerts) on the
designated line(s) or in the designated area for release of the registered
owner(s); or in lieu of the release, the following may be submitted:
(A) documents that refiecl the purchase of Ihe lloating home by the
owner(s) applying for registration with the department from the ownert s)
rellected on the other state's titling document, which may include ihe
sales contract, purchase order, canceled checks or invoices;
2. Ihe signature of any recorded lienholders on the designated linets)
or in the designated area for release or retention of a lienholder(s). if
applicable;
3. the signature o\' the new registered owner(s) on the designation
line(s) or in the designated area for acknowledging ownership of the
lloating home; and
4. the signature of any new lienholders on the designation linets) or in
the designated area for the addition of new lienholders.
(B) documents that reflect the purchase of the floating home by the
owner(s) applying for registration with the department, which may in-
clude the sales contract, purchase order, canceled checks, or invoices: or
(C) documents, which may include purcha.se orders, canceled checks,
or invoices, that reflect that ihe owner(s) applying for registration with
the department purchased component parts and assembled the lloating
home; or
(D) a bond or undertaking and statement that complies with the re-
quirements of Section 5541.
(3) one of the following documents issued by the city or county build-
ing department with Jurisdiction over the area where the lloating home
is located:
(A) a copy of a lloating home occupancy permit; or
Page 260.1
Register 2007, No. 27; 7-6-2007
§5525
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(B) i\ teller staling ihal llie issuance of a occupancy permit is nol re-
quired;
(4) a lax clearance cerlilicaie or a conditional lax clearance cerlificate
issued by the lax collector of the county where the floating home is lo-
cated, as required by Section 5547. 1 :
(5) a statement signed under penalty ol" perjury by the owner(s) that in-
cludes the applicable unit identilying inlbrmalion and stales:
(A) that the floating home is designed and built to be used or is modi-
fled to be used as a stationary waterborne residential dwelling; has no
mode of power of ils own; is dependent for utilities upon a continuous
utility linkage to a source originating on shore; and has a permanent con-
tinuous hookup to a shoreline sewage system pursuant to Section
18075.55 of the Health and Safety Code; and
(B) whether any title has been issued for the floating home. and. if so,
what the license or decal number for that title is and. if the title is not being
submitted with the application for registration, the disposition of the title
(i.e.. lost, stolen, etc.);
(C) whether the floating home was ever registered with DMV;
(d) The owner(s) shall pay the following fees to the department:
( 1 ) the registration fee required by Section 1 8 1 14(c) of the Health and
Safety Code and, if applicable, a penalty, required by Section 181 14(e)
o\' the Health and Safety Code.
(2) For each legal owner or junior lienholder being recorded, the lien
registration service fee required by subsection 5660(m).
Norr-: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18075.55, 18085. 18087 and 18114, Health and .Satety Code.
History
1 . New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 11 34.1.4(d) (Register 98, No, 1 ).
§ 5525. Registration of IVIanufactured Homes,
Mobilehomes, Multi-Unit IVIanufactured
Housing, and Commercial Coaches
l\/lanufactured and Purchased In Another State
and Brought into California Prior to
Registration in Another State.
(a) A manufactured home, mobilehome, multi-unit manufactured
housing, or commercial coach which is manufactured and purchased in
another state, but which has not been registered or titled in another state,
and is brought into California and not installed as a real property unit,
shall be registered with this department within 20 days after the date of
entry into California. The application for registration shall meet the re-
quirements of this section,
(b) The application for registration shall include ( I ) or (2) and (.3):
(1) the original certificate of origin issued by the out-of-state man-
ufacturer, which has been:
(A) signed by the manufacturer or selling dealer, releasing any interest
they may have in the unit to the owner(s) applying for registration with
Ihe department, and
(B) properly endorsed to reflect the release of security interest in the
unit by the inventory creditor or lienholder. or. in lieu of this release by
the inventory creditor or lienholder on the certificate or origin, one of the
following may be submitted:
L a written acknowledgment from the inventory creditor which meets
the requirements of sub.section 5581(a)(2). indicating that its security in-
terest in the unit described on the certificate or origin has been satisfied;
or
2. a statement of conditional lien release which meets the requirements
o\' subsection 5581(a)(3); or
(2) documents that reflect the purchase of the unit by the owner(s) ap-
plying for registration with the department, which may include the sales
contract, purchase order, canceled checks, or invoices; and
(3) a bond and accompanying statement pursuant to the requirements
of Section 5547.
(c) The applicafion for registration shall also include:
( 1) a registration information document as required by Section 5541;
and
(2) the applicable requirements oi' Sections 5580 or 5584 to add any
lienht)lder identified to the department.
(d) The owncr(s) shall pay the following fees and penalties to the de-
partment:
( 1 ) to register a manufactured home, mobilehome or multi-unit man-
ufactured housing subject to local property taxation
(A) the Manufactured Home Recovery Fund Fee as specifled in sub-
section 566()(s);
(B)all fees and penalties due and payable pin-suant to Sections 181 14,
and 181 14.1. of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit man-
ufacliued housing not subject to local property taxation
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 181 14.
18114.1. 18115. and 18116 of the Health and Safety Code; or
(3 ) to register a commercial coach: all fees and penalties due and pay-
able pursuant to Sections 181 14, 181 15, and 18116 of the Health and
Safety Code;
(4) For each legal owner or junior lienholder being recorded, the lien
registration service fee required by subsection 5660(m);
(5) use tax as specified in Section 18123 of the Health and Safety
Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
NOTK: Authority cited: Sections 18015 and 18075. Health and Safely Code. Ret-
erence: .Sections 18()7().l(c), 18075.5(c), 18085, 18114, 181 14.1, 18115. 18116
and 18123, Health and Safety Code.
History
1 . New section filed 12-31-97; operative 1-1-98 pursuant to Govemiiienl Code
section 11.343.4(d) (Register 98, No. 1).
2. Anicndineni filed 4-1-98: operative 4-1-98 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 98, No. 14).
§ 5525.1. Registration of Used Manufactured Homes, Used
Mobilehomes, Used Multi-Unit Manufactured
Housing and Used Commercial Coaches
Registered and Titled in Another State and
Brought into California.
(a) A used manufactured home, used mobilehome. used multi-unit
manufactured housing, or used commercial coach registered in another
slate, brought into California, and nol installed as a real property unit,
shall be registered with this department within 20 days after the date of
entry into California. The application for registration shall meet the re-
quirements of this section.
(b) The application for registration shall include either:
(Da titling docuinenl issued by another state and, if the owner(s) ap-
plying for registration with the department is not the owner(s) reflected
on that titling document, endorsements as follows:
(A) the signature of the appropriate recorded registered owners on the
designated line(s) or in the designated area for release of the registered
owner(s); or in lieu of the release, the following may be submitted:
1. documents that reflect the purchase of the unit by the owner(s) ap-
plying for registrauon with the department from the owner(s) reflected
on the other stale's titling document, which may include the sales con-
tract, purchase order, canceled checks or invoices;
(B) the signature of any recorded lienholders on the designated line(s)
or in the designated area for release or retention of a lienholder(s), if
applicable; or if lieu of the required signature, the following may be sub-
mitted:
1 . a written lien release indicating the lienholder has relea.sed interest
in the unit.
2. a written statement indicating the lienholder has retained interest in
the unit. The written statement must identify the type of unit as a man-
ufactured home, mobilehome, multi-unit manufactured housing, or
commercial coach; must contain the decal or license plate number(s);
must indicate the trade name, and each serial number.
(C) the signature of the new registered owner(s) on the designation
line(s) or in the designated area for acknowledging ownership of the unit;
and
•
•
Page 260.2
Register 2(X)7, No. 27; 7-6-2007
Title 25
Registration and Titling
{} 5525.2
(D) the siiiiialLire of any new lienholders on the dcsignalion linc(s) or
in the dcsignalcd area for the addition ol" new lienholders.
(2) doeunienis that leHeel the pnrehase ol'the unit by (he owner(s) ap-
plying lor registration with the department, which may ineiude the sales
C(.)nlrael, purchase order, canceled checks or invoices, and a bond or un-
dertaking and slaiemenl that complies with the requirements of Section
(c) The application lor registration must also include:
(ha registration information diK'ument as required by Section 554\.
(2) the other stale's license plates and/or year sticker equivalent, if any.
or one o\' the following:
(A) a copy of the permit issued by the other stale's regulatory agency
allowing a transporter to mo\e the manufactured home, mobilehonie.
multi-unit manufactured housing, or commercial coach to California:
(B) a copy of the transporter's bill of lading, which provides applicable
unit identifying information except the license plate or decal number of
the unit, and which indicates that no license plate was on the manufac-
tured ht)me. mobilehome. multi-unit manufactured housing, or commer-
cial coach; or
(C) a statement signed by the owner(s) under penalty of perjury, that
identifies the unit as a manufactured home, mobilehome, multi-unit
manufactured housing, or commercial coach, includes the applicable
unit identifying information, and either certifies that the license plate(s)
is lost, or there was no license plate(s) on the unit;
{}) if the unit is a manufactured home, mobilehome. or multi-unit
manufactured housing subject to local property taxation, a tax clearance
certificate or a conditional tax clearance certificate issued by the tax col-
lector of the ct)unty where the unit is located, as required by Section
3347.1;
(d) The owner(s) shall pay the following fees and penalties to the de-
partment:
( 1 ) to register a manufactured home, mobilehome or multi-unit man-
ulaetured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section .'S66()(s):
(B) all fees and penalties due and payable pursuant to Sections 18114
and 1 8 1 1 4. 1 of the Health and Safety Code: or
(2) to register a manufactured home, mobilehoine. or multi-unit man-
ufactured housing not subject to local property taxation
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section .S66()(s);
(B) all fees and penalties due and payable pursuant to Sections 18] 14.
181 14.1, 181 LS, and 181 16 of the Health and Safety Code: or
(3) to register a commercial coach: all fees and penalties due and pay-
able pursuant to Sections 18114. 181 15. and 18116. of the Health and
Safety Code; and
(4) transfer fee as specified in sub.section 366()(b) and. if applicable,
transfer fee penalty as specified in -3660(c);
(3) the lien registration service fee as specified in subsection 3660(in),
if applicable.
(6) use tax as specified in Section 1812.1 of the Health and Safety
Code, unless exempt therefrom pursuant to Sections 3667 or 3668.
NOTr;: Authorily cited: Sections 18015 and 18()7.S. Health and Safety Code. Ref-
erence: Sections 18070.1(0. 1807.5.5(c). 18087. 18087.5. 18088. 18088,5. 18114,
18114.1. 181 15. 181 16. 181 17.5 and 18123. Health and Safety Code.
Hl.SIORY
1 . New section filed 12--'^l-97: operative 1-1-98 pursuant to Govemnient Code
section 1 1343.4(d) (Register 98. No. 1 )
2. Amendment tiled 4-l-98:operaiive 4-1-98 pursuant to Goveminenl Code sec-
lion 1 1.^43.4(d) (Register 98. No. 14).
§ 5525.2. Registration of Used Manufactured Homes,
Mobllehomes, Multi-Unit Manufactured
Housing, and Commercial Coaches Registered
in Another State and Brought into California
When the Out-of-State Certificate of Title
Cannot Be Provided.
(a) The department shall not issue a certificate of title for a used man-
ufactured home, mobilehome. multi-unit manufactured housing, or
commercial coach registered in ant)ther state which is brought intt) Cali-
fornia and not installed as a real property unit unless the owner(s) com-
plies with the requirements of Section 3323. 1 . However, the department
shall register and issue a registration card for a used manufactured home,
mobilehome. multi-unit manufactured housing, or commercial ct)ach
registered in another state and brought into California and not installed
as a real property unit, if the requirements of this section are met.
(b) The owner(s) must apply to the department for registration of the
unit by providing:
( 1 ) a registration inibrmation dociuiient as required by Section 3341 ;
(2) a registration card or record of ownership issued by a regulatt)ry
agency in another stale which identifies the owncr(s) seeking registration
with the department as the owner(s) of the unit for which registration is
sought; and
(3) the other state's license plates and/or year sticker equivalent, if any.
or one of the following:
(A) a copy of the permit issued by the other state's regulatory agency
allowing a transporter to move the manufactured home, mobilehome.
multi-unit manufactured housing, or commercial coach to California; or
(B) acopy of the transporter's bill of lading, which prt)vides applicable
unit identifying information except the license plate or decal number of
the unit, and which indicates that no license plate was on the manufac-
tured home, mobilehome. multi-unit manufactured housing or commer-
cial coach; or
(C) a statement by the owncr(s) signed under penalty of perjury, that
identifies the unit as a manufactured home, mobilehome, multi-unit
manufactured housing, or commercial coach, includes the applicable
unit identifying information, and either certifies that the license plate(s)
is lost, or there was no license plate(s) on the unit.
(c) The owner(s) shall pay the following fees and penalties to the de-
partment:
( 1 ) to register a manufactured home, mobilehome or multi-unit man-
ufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 3660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114
and 18 114. 1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome. or multi-unit man-
ufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 3660(s);
(B) all fees and penalties due and payable pursuant to Sections 181 14.
18114.1. 18113, and 181 16 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and pay-
able pursuant to Sections 181 14, 181 13. and 18116. of the Health and
Safety Code.
(d) The department shall issue a titling document for a unit registered
with the department pursuant to this section at any time the owner(s)
meets the requirements of Section 3323. 1 .
Page 260.3
Register 2007, No. 27; 7-6-2007
§ 5526
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Noil-; Aulhoiilv cited: Sections 1X015 and 1S()75. Health and .Salctv Code. Rel-
eienee: Sections 18()70.1(c), 18()S9. 18114. 1S114.1, 18115 and 18116. Health
and Safety Code.
History
1. New section tiled 12-.^ 1-97; operative 1-1-98 pursuant to Govemmenl Code
section 1 1.^43.4(d) f Register 98. No. 1 ).
2. Amendment Hied 4- 1-98: operative 4-1-98 pursuant loGovernnieni Code sec-
tion I l.M.1.4{d) (Register 98, No. 14).
5} 5526. Registration of Government Surplus Units.
(a) A maniiracturcd hotiie, mobilchotiio. miilli-Linil tiiatuiraclLircd
hoitsitig. orcotnmerciai coach previously owned hy the federal uovern-
tiieiil and iransrerred by the federal goveminent to an etility other than an
agency or departtnenl of the federal government, shall be registered with
the department within 20 days after the dale of sale or transler by the fed-
eral government. The application for registration shall meet the require-
ments oi' this section.
lb) The application for registration shall include:
I I ) a registration infortnation document as required by Section 5541 :
(2) the form then in use by the U.S. government to release its interest
in a manufactured horne, mobilehoine. tiiulti-unit tnanufactured hous-
ing, or commercial coach (as of the date of these regulations. Standard
Form 97, Certificate of Release of Motor Vehicle);
(3) if the unit is a manufactured home, tnobilehotne or multi-unit man-
ufactured housing subject to local property taxation, a tax clearance cer-
tificate or a conditional lax clearance certificate issued by the tax collec-
tor of the county where the unit is located, as required by Section 5547. 1 ;
(4) ihe necessary statements required to add any lienholder identified
to the department in a statement or information document provided by the
owner(s), as specified in Sections 5580 (for legal owners) or 5584 (for
junior lienholders).
ic) The owner(s) shall pay the following fees and penalties to the de-
partment:
1 1) to register a manufactured home, mobilehome or multi-unit mati-
ufactured housing subject to local property taxation:
I A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
I B) all fees and penalties due and payable pursuant to Sections 18114
and 181 14.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome. or multi-unit man-
ufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114,
1 8 II 4. 1 . 1 8 1 1 5, and 1 8 1 16 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and pay-
able pursuant to Sections 181 14, 181 15, and 181 16. of the Health and
Safety Code.
(4) transfer fee as specified in subsection 5660(b) and, if applicable,
transfer fee penalty as specified in subsection 5660(c);
(5) lien registration service fee as specified in subsection 566()(m). if
applicable; and
(6) use tax as specified in Section 18123 of the Health and Safety
Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
NOTE: Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sections 18070.1(c), 18075.5, 18085, 18114. 18114.1. 18115. 18116.
181 17.5 and 18123, Health and Safety Code.
History
1. New section tiled 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1 ).
2. Amendment filed 4- 1 -98; operative 4- 1 -98 pursuant to Goveminent Code sec-
tion 1 1343.4(d) (Register 98, No. 14).
§ 5527. Registration of a Commercial Coach Previously
Under the Jurisdiction of the Division of the
State Architect.
(a) When a cotnmercial coach previously located on public school
property under the jurisdiction of the Division of the State Architect is
removed from public school property, the commercial coach shall be
subject to inspection by, and registration with, the departtnent as a com-
mercial C()i\ch within 20 days after the date the unit is removed frotn the
public school property. The application for registration shall meet the re-
quirements of this section.
(b) An application for registration shall include:
( 1 ) a registration intormation docutnent as required by Section 5541;
(2) a bill of sale frotn the school district releasing interest to the own-
er(s) applying for registration with the departtnent;
(3) if the unit does not bear HCD insignia as required in Section 5544,
the application shall include:
( A)acopy of an inspection report issued by the department which indi-
cates the HCD insignia numbers issued for the unit; or
(B) a copy of the letter sent by the departtiietil to the applicant with the
new insignia; and
(4) the necessary statetnents required to add any lienholder identified
to the department in a statement or information document provided by the
owner(s), as specifted in Sections 5580 (for legal owners) or 5584 (for
junior lienholders).
(c) The applicant shall pay the following fees and penalties to the de-
partment:
( 1 ) all fees and penalties due and payable pursuant to Sections 181 14,
18115, and 181 16 of the Health and Safety Code: and
(2) annual renewal of registration fees, payable pursuant to Section
181 14, shall commence the last day of the month in which the unit was
removed frotn the public school property unless the tnonth is December,
in which case the day shall be the 30^'\
(3) transfer fee as specified in subsection 5660(b) and, if applicable,
transfer fee penalty as specified in subsection 5660(c);
(4) lien registration service fee as specified in subsection 5660(m); and
(5) use tax as specified in Section 18123 of the Health and Safety
Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
NOTL: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18026. 18075.5. 18114, 18114.1, 18115. 18116, 18117.5 and
1 8 1 23. Health and Safety Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1 343.4(d) (Recisier 98. No. 1 ).
Article 3. Registration Changes Upon
Transfer of Units Registered in California
§ 5530. Changes to Registration of Used Manufactured
Homes Mobilehomes, Multi-Unit Manufactured
Housing or Commercial Modulars Registered
with the Department or DMV — Dealer
Participation Transfers.
(a) A dealer shall apply for an amendment to the department or DMV
registration, as applicable, for each used manufactured home, mobile-
home, multi-unit manufactured housing or commercial modular sold,
leased with an option to buy, or transferred by any other means by the
dealer, and not installed as a real property unit, within 10 days after the
date of sale or lease. Transfers of such a unit to be installed as a real prop-
erty unit are subject to reporting pursuant to Section 561 1 . The applica-
tion for registration shall be submitted to the department, and shall tiieet
the requiretiients of this Section.
(b) The application for registration shall include:
( 1 ) a form HCD 480.3, a Dealer Report of Sale or Lease. Used Man-
ufactured Home, Used Mobilehome. Used Multi-Unit Manufactured
Housing, or Used Commercial Modular which meets the requirements of
Section 5575. and the report of sale fees and, if applicable and not
avoided pursuant to Section 5530.1. penalties and administrative service
fees as required by Section 5575;
(2) unless the registration card for the unit is in the possession of the
department pursuant to Section 5546.1 . either:
(A) the registration card for the unit, or
Page 260.4
Register 2007, No. 27; 7-6-2007
Title 25
Reaistration and Titling
^5531
(B) an appliciiiion for a duplicate rcgistraiion card as required by Sec-
tion 55,'SI:
(3) il'a notice ol' escrow openin^i was required by Section 557 1 , a noti-
llcation of escrow closing that meets the requirements of Section 5573:
(4) il'the unit is a manufactured home, mobilehome or multi-unit man-
ul'aclured housing subject to local property taxation, a lax clearance cer-
tificate or a conditional tax clearance certil'icate issued by the tax collec-
tor of the county where the unit is located, as required by Section 5547. 1;
(5) lor each legal owner and junior lienholder to be added to the unit's
registration, the dealer shall submit legal owner identifying information
and Junior lienholder identifying information on the report of sale sub-
mitted pursuant to subsection 553()(b)( 1 ): and
(6) lor each legal owner or junior lienholder to be added to or removed
from the unit's registration, the necessary title endorsements, statements
or bonds and fees required by Article 8.
(c) The application for registration shall also include either:
( 1 ) one of the following titling documents for the unit, endorsed to re-
lease the registered owner and report the new registered owner, or one of
the alternatives to such endorsements, as required by Section 5533:
(A) a certificate of title:
(B) an ownership certificate, certificate of ownership or certificate of
title issued by DMV; or
(C) an application for duplicate certificate of title which meets the re-
quirements of Section 5550: or
(2) documents that rellect the transfer of the unit to the transferees,
which may include the sales contract, purchase order, canceled checks
or invoices, and a bond or undertaking and statement that comply Vi/ith
the requirements o\' Section 5547.
(d) The dealer shall also submit the following:
( 1 ) to register a manufactured home, mobilehome or multi-unit man-
ufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(B) all fees and penalties due and payable pursuant to Sections f 8 1 14
and 181 14. 1 of the Health and Safety Code: or
(2) to register a manufactured home, mobilehome, or multi-unit man-
ufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s):
(B)all fees and penalties due and payable pursuant to Sections 181 14.
1 8 1 1 4. 1 . 18115, and 1 8 1 1 6 of the Health and Safety Code; or
(3) to register a commercial modular: all fees and penalties due and
payable pursuant to Sections 181 14, 181 15, and 181 16 of the Health and
Safely Code: and
(4) to register any unit: transfer fee as specified in subsection 5660(b)
and, if applicable, transfer fee penalty as specified in subsection 5660(c);
NOTH: Authoriiy cited: Sections 18015 and 18075, Health and Safely Code. Ref-
erence: Sections 18070.1(c), 18075.5. 18080.5, 18085. 18100.5. 18102.3. 18103.
18114. 18114.1, 18115. 18116. 181 17.5 and 18123.5. Health and Safety Code.
History
1. New article 3 (sections 5530-5533) and section tiled 12-31-97; operative
1-1-98 pursuant 10 Government Code section 1 1343.4(d) (Register 98. No. 1).
2. Amendment tiled 4-1-98: operative 4-1-98 pursuant to Government Code sec-
lion 1 1 343.4(d) (Register 98. No. 14).
3. Change without regulatorv effect amending section heading and subsections
(a). (b)( I ). ten 1 )(C) and (d)(3) filed 7-6-2007 pursuant to .section 100, title 1 ,
California Code of Regulations (Register 2007. No. 27).
§ 5530.1 . Avoidance of Penalties and Administrative
Service Fees — Commercial Coach Registration
When the Certificate of Title Is in the
Department's Possession.
(a) A dealer shall not be required to pay penalties pursuant to Health
and Safety Code Sections 1 8 1 14, 1 8 1 1 5, i 8 1 1 6 or Section 5660(c), or ad-
ministrative .service ices pursuant to Health and Safety Code Section
18123.5, during any lime the certificate of title for a commercial coach
sold, leased with an option to buy or otherwise transferred by that dealer
is in the possession of the department and the dealer complies with the
requiretnents of this Section.
(b) The dealer shall submit the t\)llowing to the department uithiii 10
days after the date of sale or lease:
( 1 ) the report of sale and fees (but not the penalties or administrali\e
.service fees) required by subsection 5530(b); and
(2) the fees (but not the penalties) required by subsection 5530(d).
(e) Within 10 days after receipt ol' the certificate of title i'rom the de-
partment, the dealer shall:
( 1 ) perform all of the requirements of Section 5530 not performed pui-
stiant to Section 5530.1(b):
(2) submit to the department either:
(A) a copy of the acknowledgment of receipt of fees sent to the dealer
by the departtnent which evidences the department's receipt t)f the fees
submitted by the dealer for the commercial coach pursuant to subsection
55.^0. Kb); or
(B) a canceled check endorsed by the department to rellect the depart-
rneiu's receipt of the fees submitted by the dealer for the commercial
coach pursuant to subsection 5530. Kb).: and
(3) submit to the department a statement signed under penally of perju-
ry by the dealer, which includes unit identifying information and sets
forth the date of receipt of the certificate of title by the dealer.
NOTE: Aulhontv cited: Sections 18015 and 18075. Health and Safety Code. Ret
erence: Sections 181 14, 181 14.1, 18115. 181 16 and 18123.5. Health and Saieiy
Code.
Hlstory
1. New section tiled 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1 ).
§ 5531 . Changes to Registration of Used Units Registered
with the Department or DMV — Dealer
Non-Participation Transfers.
(a) For each used unit sold, leased with an option to buy. or transferred
by any other means, and not installed as a real property unit, other than
by a dealer (including transfers by a dealer that has gone out of business
prior to completing the registration ainendment process), the transferee
shall apply for an amendment to the department or DMV registration for
that unit within 20 days after the date of sale or lease. The application for
registration shall be submitted to the department, and shall meet the re-
quirements of this Section.
(b) The application for registration shall include either:
( 1 ) one of the following titling documents for the unit, endorsed to re-
lease the registered owner and report the new registered owner, or one of
the alternatives to such endorseinents, as required by Section 5533:
1. a certificate of title;
2. an ownership certificate, certificate of ownership or certificate of
title issued by DMV; or
3. an application forduplicate certificate oftitle as described in Section
5550; or
(2) documents that reflect the transfer of the unit to the transferees,
which may include the sales contract, purchase order, canceled checks
or invoices, and a bond or undertaking and statement that comply with
the requirements of Section 5547.
(c) The application for registration shall also include;
(1 ) unless the registration card is in the possession of the department
pursuant to Section 5546.1, either:
(A) the registration card for the unit or
(B) an application for a duplicate registration card as required by Sec-
tion 555 1 ;
(2) if a notice of escrow opening was required by Section 557 1 . a nt)ti-
fication of escrow closing that meets the requirements of Section 5573;
(3) for each legal owner or junior lienholder to be added to or removed
from the unit's registration, the neces.sary title endorsements, statements
or bonds and fees required by Article 8; and
(4) if the unit is a inanufactured home, mobilehome or multi-unit man-
ufactured housing subject to local property taxation, a tax clearance cer-
tificate or a cotiditional tax clearance certificate issued by the tax collec-
tor of the county where the unit is located, as required by Section 5547. 1 .
Page 260.5
Register 2(X)7, No. 27; 7-6-2007
§ 5532
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) The transferee shall also submil the following fees:
( 1 ) to register a manufaclLired home, mohilehome or mLiUi-unit man-
ufactured housing subject to local properly taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(B)al! fees and penalties due and payable pursuant to Sections 181 14.
and 181 14.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or muhi-imit man-
ufactured housing not subject to local property taxation:
I A) the Manufactured Home Recovery Fund Fee as specified in sub-
section .'S660(s);
( B) all fees and penalties due and payable pursuant to Sections 18114,
1 8 II 4. 1 , 1 8 1 1 5, and 1 8 1 1 6 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and pay-
able pursuant to Sections 181 14, 181 LS, and 181 16 of the Health and
Safety Code;
(4) to register a truck camper or floating home: all fees and penalties
due and payable pursuant to Section 18114 of the Health and Safety
Code;
(5) to register any unit other than a floating home: the transfer fee and
transfer penalties due and payable pursuant to subsection 5660(a);
(6) provided that the transferee shall not be responsible for any penal-
ties due as a result of a dealer having gone out of business.
( e) The transferee shall pay use tax, unless exempt therefrom pursuant
to Section 5667 or Section 5668.
NOTE: Authority cited: Sections 1 8015 and 18073. Health and Safety Code. Ref-
erence: Sections 18070.](c). 18075.35. 18073.7. 18085. 18103. 181 14, 181 14.1.
18115. 18116, 18116.5, and 18123.5, Health and Safety Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1 343.4(d) (Register 98, No. 1 ).
2. Amendment filed 4-1-98: operative 4-1-98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98. No. 14).
§ 5532. Report of Transfer.
(a) Following any sale, lease with an option to buy, or transfer by any
other means of a used unit registered with the department or DMV, the
transferor(s) of the used unit shall, within 20 days after the date of sale
or lease, complete and forward to the department a notice of the sale or
transfer.
(b) The notice of sale or transfer shall be signed under penalty of perju-
ry by the transferor(s), and shall contain the following information:
( 1 ) the applicable unit identifying information;
(2) the name and address of the transferee(s);
(3) a statement that:
(A) the Iransferor(s) is the lawful owner(s) of the unit, has the right to
sell the unit, guarantees and will defend the title to the unit against claims
and demands arising prior to the dated date of the statement;
(B) the unit is free of all liens and encumbrances, except for the lien(s)
of the lienholder(s) identified in the statement; and
(C) the transferor(s) transferred the unit to the transferee(s) on the date
and for the sum specified in the statement.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Section 18100.5(a), Health and Safety Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 1 ).
§ 5533. Titling Document Endorsements and Alternatives.
(a) The applicable titling document listed in subsection 5530(c)( 1 ) or
5531(b)( I) shall be endorsed by each registered owner identified there-
on, or by an appropriate co-owner or heir pursuant to Sections 5542 and
5542.1. in the location established for signatures of releasing registered
owner(s). In lieu of these endorsements, the department shall accept:
( 1 ) the original notice of sale or transfer of the unit to the transferee(s),
received by the department pursuant to Secdon 5532; or
(2) an original bill of sale, bearing the applicable unit identifying infor-
mation, and signed under penalty of perjury by each registered owner, or
by an appropriate co-owner or heir pursuant to Sections 5542, 5542.1,
and 5542.2 which evidences relea.se of the interest of each such registered
owner to the transferee(s).
(b) The applicable tiding document listed in subsection 5530(c)( I ) or
553 1 (b)( 1 ) must be endorsed by each transferee seeking to be registered
with the deparlinent as a registered owner, in the location established for
signatures of new registered owner(s), unless the transferee(s) submit to
the department a registration information document as required by Sec-
tion 5542.
NOTE: Authority cited: Sections 18015 and 18075. Health and Satcty Code. Ref-
erence: Sections 18100.5(a) and 18102.5, Health and Safety Code.
Hlstory
I . New section filed 12-31-97: operative 1-1-98 pursuant to Goveminent Code
section 1 1343.4(d) (Register 98, No. 1 ).
Article 4. Registration Requirements
§ 5540. Recording a Registered Owner, Legal Owner or
Junior Lienholder Interest in a Unit.
(a) The registered owner, legal owner or Junior lienholder interest in
a unit shall be recorded in one of the following manners:
( 1) individual,
(2) trustee.
(3) coinpany,
(4) estate,
(5) conservator,
(6) guardian,
(7) einancipated minor,
(8) lessor/lessee, or
(9) a co-ownership consisting of any of the above, except to the extent
an individual has named a TOD beneficiary.
(b) The registered ownership interest in a unit recorded in a single indi-
vidual tnay also reflect a "transfer on death beneficiary" or "TOD" bene-
ficiary". In order to name a TOD beneficiary, the application must con-
tain, in addition to the infonnation required for registradon in the name
of an individual registered owner, as set forth in subsection 5540(c)(1),
a statement requesting the inclusion of a TOD beneficiary, signed under
penalty of perjury by the applicant, that includes the unit idendfying in-
formation and the name of the party to be added to the record as TOD
beneficiary.
(c) The applicant shall comply with the following requirements, for
the form of registered owner, legal owner, or junior lienholder registra-
tion requested.
(1) "Individual." The application shall contain the applicant's true
name. The true name shall not include the use of any tide, unless the
applicant cerdfies that the dUe is part of his or her true name, and provides
a statement signed under penalty of perjury which includes,
(A), the unit identifying informadon, and
(B). a statement cerdfying that any tide shown as part of the true name
is commonly used as part of the individual's name, or
(C) a statement cerdfying that the use of individual name with the ab-
breviation "AKA" (meaning "also known as") followed by the other
known name, is commonly used as part of the individuals name.
(2) "Trustee." The applicauon shall contain a statement, signed under
penalty of perjury, by each trustee, providing the following:
(A) the unit identifying information;
(B) the name and date of the trust agreement;
(C) the name of the trustor(s);
(D) the name of the trustee(s);
(E) acknowledgment that the trustee(s) will notify the department im-
mediately upon any change to the trust agreement idendfied by submit-
ting a statement that contains the items as specified in subsections
(2)(A)-(E).
(3) "Company." The application shall contain the signature of an offi-
cer or authorized agent of the company and the company name, which
may include the designation "doing business as" (DBA), "limited liabil-
ity company" (LLC), "limited liability partnership" (LLP), or "hmited
partnership."
Page 260.6
Register 2007, No. 27; 7-6-2007
Title 25
Registration and Titling
S5541
(4) ■"Eslalc." The application shall contain a copy ol'tlic Letters Testa-
nieniaiy or Letters of Administration issued by a Superior Court, which
contains an endorsement or stamp by the clerk ol'lhe court indicating the
date the docimient was filed by the court,
(5) "Conservaior." The application shall contain a copy of the Lellcrs
of ConservatiMship issued bs' a Superior Court, which contains an en-
dt)rsement or stamp by the clerk oi'lhc court indicating the date the docu-
ment was filed by the court.
(6) "Guardian." The application shall contain either:
(A) a copy of the Letters of Guardianship issued by a Superior Court,
which contains an endorsement or stamp by the clerk ol'lhe court indicat-
ing the date the document was filed by the court, or (B) a statement,
signed under penalty of perjury by a parent claiming sole guardianship
of a mint)r, which shall include, at least unit identifying information; and
a statement certifying that the parent is the sole guardian of the minor.
(7) "'Emancipated Minor." The application shall contain;
(A) the emancipated minor's true name;
(B) a statement signed under penalty of perjury which shall include at
least the following information;
1. the unit identifying information;
2. a statement certifying that the applicant is an emancipated minor,
specifying the basis o\' his ov her emancipation; and
,\ if applicable, certifying that any title shown as part of the true name
is commonly used as part of the individual's name or
4. if applicable, certifying the use of individual name with the abbrevi-
ation "AKA" (meaning "also known as") followed by the other known
name, is commonly used as part of the individuals name, and
(C) evidence to support the basis of the applicant's emancipated status
(e.g., a copy of his or herdeclaratit)n of einancipalion issued by a Superi-
or Court w hich contains an endorsement or stamp by the clerk of the court
indicating the date the document was filed by the court, evidence of his
or her enlisted in the armed forces of the United Slates, etc.).
(8) "Lessor/Lessee." The application shall contain the applicable re-
quirements specified in 554()(c) depending on whether the lessor or les-
see is an individual, a company, an estate, etc.
NoTi:. Aulhoritv cited: Sections I80I.S and 1X075. Health and Safely Code, kct-
ercncc: Sections 180X0.1. 1X0X0.2 and I8()X.5. Health and .Satety Code.
HlSKJRY
I. New article 4 (sections .5 .540- .5 549. 4) and section tiled 1 2-."^ 1-97; operative
1-1-98 pursuant to Government Code section 1 1.^4.^.4(d) (Register 98. No. 1 ).
§ 5540.1. Recording the Registered Owner, Legal Owner or
Junior Lienholder as a Co-Ownership.
(a) When the registered owner, legal owner, or junior lienholder of a
unit is one or more persons, the applicable interest shall be recorded as;
( 1 ) two or more persons as "joint tenants with right of survivorship",
or
(2) two or more persons as "tenants in common and", or
(.^) two or more persons as "tenants in common or", or
(4) conmiunity property in the names of a husband and wife, or
(5) community property with right of survivorship in the names olthe
husband and wife.
(b) An application to record the registered ownership, legal owner-
ship, or junior lienholder interest of a unit as co- owners shall include
whichever of the following is required by Article 2, Article }. or Article
8 ofihisChapler for the type of application being submitted, with the de-
sired type of co-ownership clearly written on:
( 1 ) the titling document submitted with the application, or
(2) ihe registration information document as specified in subsection
5.'S42(b) ; or
(3) the Dealer Report of Sale or Lease. New Manufactured Home, or
Multi-unit Manufactured Housing form HCD 480. 1 which meets the re-
quirements of Section 5573, the Dealer Report of Sale or Lease, New
Commercial Modular, form HCD 480.2, which meets the requirements
o\' Section 5575, or the Dealer Report ol' Sale or Lease With an Option
to Buy a Used Manufactured Home, Mobilehome, Multi-unit Manufac-
tured Housing or Commercial Modular, form HCD 480.3. which meets
the requirements o\' section 5575.
(c) The application for registration shall include a slalement signed un-
der penalty of perjury that includes the unit identifying inlorm;ition and
a statement certifying the co-owner term desired.
NorL. Authority cited: Sections 18015 and 18075. Health and .Salcty Code. Kcl^
erencc: Sections 1 8080 and 180X5. Health and Saleiy Code.
HlStOR^
1. New section filed 12-.^l-97; operali\e 1-1-98 piusiiani to (iovernnieni C'oile
section 1 l.M.^.4(d) (Register 98. No. I ).
2. Change without regulatory ellect amending section filed 7-6-2007 inirsuant to
sectiim 100. title L California Code ol Reguialions (Regislei 2007. No. 27).
i^ 5541. Applications Requiring a Registration Information
Document.
(a) A regislralion information document, meeting the requirements o\'
subsectit)n (b), shall be completed by ihe applicant and submitted as part
of an application for registration for any unit for which a department is-
sued title has not been issued unless the application;
( 1 ) is submitted by a dealer and includes the appropriate dealer rept)rt
of sale form, as described in Section 5575, properly completed;
(2) includes an application for a duplicate certificate o\' title, as de-
scribed in Section 5550, properly completed.
(b) A registration information document shall be signed under penalty
of perjury by all registered owners, and shall which contain the folk)wing
information:
( 1 ) the unit identifying information;
(2) the name of the manufacturer of the unil. if known;
(3) the manufacturer's ID number, if known;
(4) the model name or number, if known;
(5) the date the unil was manufactured, if known;
(6) the California dealers license number, if a transaction by or
through a California dealer;
(7) if the unit is new. the date the unit was transferred tt) the dealer from
the manufacturer, if known;
(8) the date the unit was first sold new, if known;
(9) each HUD Label or HCD insignia number affixed lo the unit(s);
(10) if the unit is a manufactured home or multi-unit manufactured
housing, the length and width, in inches, of each transportable section of
the unit; and if the unit is a commercial coach, truck camper, or Hoating
home, the length and width, in inches, of the unil.
( I 1) if the unit is a manufactured home or multi-unit manufactured
housing, the weight of each transportable section of the unit, if knt)wn
and, if the unit is a commercial coach, truck camper, or floating home,
the weight of the unil. if known;
(12) the true name of each registered owner;
(13) the current mailing address of the registered owner(s);
( 14) the future mailing address of the registered owner(s) if, different
from the current mailing address;
(15) the location address of ihe unil
( 1 6) ihe name and address of the legal owner, if any;
(17) the name and address of each junior lienholder if, any;
( 18) if the unit entered California from another stale:
(A) the state the unit was last registered in and the date the unit was last
registered, if applicable;
(B) the month, day, and year the unil entered California;
(C) what stale each applicant was a resident ol' when the unit was last
registered;
(D) each applicant's current state of residence;
(E) the dale each applicant became gainfully employed or entered into
business in California, if applicable;
(F) any outstanding lilies for the unit olher than those accompanying
the application;
(G) any lien(s) against the unil other than the lien(s) shown on the title
document submitted with the application.
(19) if the application is for an original registration the applicant shall
provide the following information;
(A) from whom the unit was purchased, a dealer, manufacturer, or an
individual;
(B) the date of the sale;
Page 260.7
Register 20(17, No. 27; 7-6-2(K)7
§ 5542
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
iC) llic dale ol" delivery or installalion of the unit:
I D) the purchase price olthe unit excluding sales tax, i'inance charges,
transportation and installation charges, and the cost ol" unattached acces-
sories.
NoTF,: Authoritv ciled: Sections 18015 and 18075, Health and Saletv Code. Ref-
erence: Sections 18085. 18086 and 18100.5. Health and Safety Code.
His I OR Y
1. Ncv, section filed 12-.ii-97: operative 1-1-98 pursuant to Governnient Code
section 1 134.^.4(d) (Register 98. No. 1 ).
§ 5542. Endorsements by Co-Owners.
(a) When a registered owner, legal owner, or junior lienholder is re-
quired to endor.se a documenl to transfer his. her, or its ownership in a
unit, and that registered ownership, legal ownership, or junior lienholder
interest is held by co-owners following requirements shall be applicable:
( 1) For joint tenant co-ownei"s. each co-owner shall sign unless one
or more of the co-owners is deceased, in which case
(A) the application shall contain a copy of the certified death certifi-
cate for each the deceased co-owner, and all surviving co-owner(s) shall
sign.
(B) if all recorded co-owners are deceased, the heir(s), administrator,
or executor of the estate as determined by Section 5542. 1 , of the most re-
cently deceased co-owner, shall sign.
(2) For co-owners registered as tenants-in-common with the names
joined by "arid", the following shall be applicable:
(A) To transfer full interest in the unit, each co-owner shall sign.
(B) To transfer the individual interest of one co-owner, the co-owner
transferring his or her interest in the unit shall sign. The signatures of the
other co-owners are not required.
(C) To transfer a deceased co-owner" s interest in a unit, the heir( s), ad-
ministrator, or executor of the estate, as determined by Section 5542. 1 oi'
the deceased co-owner, shall sign.
(}) For co-owners registered as tenant.s-in-cotnmon with the names
joined by "or,"
(A) any one of the co-owners shall sign.
(B) In the event all of the co-owners are deceased, either the heir(s),
the administrator, or the executor of the estate, as determined by Section
5542.1. of the most recently deceased co-owner shall sign.
(4) For co-owners registered as husband and wife holding their inter-
est as community property, the husband and wife shall each sign..
(A) To transfer a deceased co-owner's interest in a unit, the heir(s),
administrator, or executor of the estate, as determined by Section 5542. i .
of the deceased co-owner, shall sign.
(b) When a registered owner, legal owner, or junior lienholder is re-
quired to endorse a document to transfer his, her, or its interest in a unit
registered with the department prior to January 1, 1985. and the unit's
registration has not been subsequently changed to rellect co-owner terms
described in suKsection 5542(a). the tbllowing requirements shall he
applicable:
f 1 ) For interests held as tenants-in-common or as names separated by
the word "or", the endorsement requirements provided in subsection
5542(a)(3) for tenants-in-common with the names joined by "or" shall
apply
(2) For interests held as names joined by "and", the endorsement re-
quirements provided in subsection 5542(a)(1) for joint tenants shall ap-
ply, with the exception that when one of the named owners dies, the heir,
administrator, or executor of the estate, as determined by Section 5542. 1 ,
of the deceased named owner, shall sign for the deceased named owner.
(c) When the registered owner, legal owner, or junior lienholder is re-
quired to endorse a document to transfer his, her. or its interest in a unit
which was originally registered by DMV and the unit's registration has
not been subsequently changed to rellect co-owner terms described in
subsection 5542(a) the following requirements shall be applicable:
( 1 ) For interests held as names joined by the word "or", the endorse-
ment requirements provided in sub.section 5542(a)(3) for tenants-in-
common with the names joined by "or" Shall apply.
(2) For interests held as names joined by the word "and", or by a slash
(/) with no other conjutiction or co-owner term, the endorsement require-
ments provided in subsection 5542(a)( 1 ) for joint tenants shall apply with
the exception that when one of the named owners dies, the heir, adminis-
trator, or executor of the estate, as determined by Section 5542. 1 , of the
decea.sed named owner, shall sign for the deceased named.
(3 ) For interests held as names joined by "and/or" the endorsement re-
quiretnents provided in sub.section 5542(a)(3) for lenants-in-common
with the names joined by "or" shall apply.
(4) Ft)r interest held as joint tenants the endorsetneni requirements pro-
vided in subsection 5542(a)( 1 ) for joint tenants shall apply.
(5) For interests held as community property the endorsement require-
ments provided in sub.section 5542(a)(4) for community property shall
apply.
(d) Notwithstanding anything in Section 5541 to the contrary, when
a registered owner is required to endorse a document to record a new le-
gal owner or junior lienholder, each co-owner must sign as required in
Sections 5581 and 5585. Therefore, when one ol' the co-owners is de-
ceased, the application to record a new legal owner or junior lienholder
shall also transfer the registered ownership of the unit from the deceased
co-owner.
Not L: Authority cited: Sections 18015 and 18075. Health and Safety Code, l^cf-
ercnce: Sections 1 8075 and 1 8080. Health and Safety Code.
History
1 . New section Hied ]2-.^l-97: operative 1-1-98 pursuant to Govemnient Code
section Ii34.^.4(d) (Register 98. No. 1).
§ 5542.1 . Endorsement for a Deceased Registered Owner,
Legal Owner, or Junior Lienholder.
(a) In order for an heir or beneficiary pursuant to a decedent's will, oth-
er than a TOD beneficiary, to sign a document for a deceased registered
owner, legal owner, or junior lienholder, the following shall apply:
( 1 ) The application for registration shall include a copy of the death
certificate of the deceased owner and the heir shall complete:
(A) his, her, or its statement, signed under penalty of perjury, which
includes:
1 . the unit identifying information;
2. the name o\' the deceased individual;
3. the date of death of that individual;
4. the place of death, city and state or province, and country;
5. a statement that said deceased left no other property necessitating
probate and no probate proceeding is now being or has been conducted
in this state for the decedent's estate; that said unit has not been by will
bequeathed to anyone else; either
A. that the decedent left no will and the declarant(s) is(are) entitled to
the above-described unit as the sole heir (or heirs) pursuant to 6401 and
6402 of the California Probate Code, or
B. that the decedent left a will and the declarant(s) are entitled to the
above-described unit as the sole beneficiary (or beneficiaries) under the
decedent's last will; that no one has a right to the unit that is superior to
that of the declarani(s); that forty (40) days have elapsed since the dece-
dent's death; and that there are no unsecured creditors of the deceased
whose claims remain unsatisfied or:
(B) his, her. or its statement, signed under penalty of perjury, which
includes the information specified in subsections (A)l. through (A) 4.,
above, and a copy of each of the following documents, each of which
shall contain an endorsement or stamp by the clerk of a Superior Court
indicating the date the document was filed by that court:
1. an order by the Superior Court settling the final account and final
distribution of the decedent's estate, which contains a description of the
unit and of the declarant(s) sufficient for the department to determine that
the declarant(s) is(are) the party(ies) to whom the decedent's interest in
the unit was settled;
2. a receipt evidencing the declarants' (s's) receipt of the unit or an or-
der of the Superior Court excusing the filing of the receipts by the dece-
dent's heirs and beneficiaries; and
3. an order of the Superior Court discharging the decedent's personal
representative (administrator, executor, etc.) from liability.
Page 260.8
Register 2007, No. 27; 7-6-2007
Title 25
Registration and Titling
S 5542.2
(2) An endorsement by an heir ov beneliciary shall eonsist of (he
piinted or u riilen name of the deceased registered owner lollowed by the
signature of each heir or beneficiary.
(3) ll'thc signatures are required lo transfer a registered owner's inter-
est in a unit, no TOD beneficiary shall have been designated by the dece-
dent registered owner.
(b) For the TOD Beneficiary lo transfer ownership to him or herself
alter the death of the registered owner:
( 1 ) The TOD beneficiary shall submit, with the application for regis-
tration, a copy of the death certificate of the decea.sed registered owner,
and
(2) and a statement, signed under penalty of perjury, which contains
the following information:
(A) the unit identifying information:
( B) the name of the party to whom the unit is to be registered :and
(C) the dale the registered ownerof Ihe unit died and the place of death.
(3) An endorsement by a TOD beneficiary shall consist of the printed
or written name of the deceased registered owner followed by the signa-
ture of the TOD beneficiary.
(c) For an administrator of an estate lo sign documents for a deceased
registered owner, legal owner, or junior lienholder. the following shall
apply:
( 1 ) The administrator shall submit, with the application for registra-
tion, a copy of the Lellers of Administration containing an endorsement
or stamp by the clerk of a SuperiorCourt indicating the dale the documenl
was filed by the courl.
(2) .An endorsemeni by an adminislralor of an estate shall consist of.
either:.
(A) ihe printed or wrilten name of ihe registered owner, legal owner,
or junior lienholder, lollowed by the signature of the administrator, using
the exact name used in the Lellers of Administration, and followed by the
word "Adminislralor." or
( B ) the signature of the administrator, using the exact name used in the
Letters of Administration, followed by "Administrator of the Estate of
(name of the decedent)."'
(d) For a public adininistrator lo sign documents for a deceased regis-
tered owner, legal owner, or junior lienholder. the following shall apply:
( 1 ) When the administrated estate is valued at more than $ 10.000 and
iu)l in excess of $100,000 or any greater amount prescribed in Probate
Code Section 13100. a copy of the courl order authorizing the distribu-
tion of the property, containing an endorsement or stamp by the clerk of
a Superior Courl indicating the date the document was filed by the court,
shall be submitted as part of the application for registration.
(2) When an estate is valued at $10,000 or less, the public administra-
tor shall provide a statement signed under penalty of perjury, that in-
cludes, but is not limited to. the following information:
(A) The unit identifying inlbrmalion;
( B ) a statement thai the decedent's estate was valued at $ 1 0,000 or less.
(3) An endorsemeni by a public administrator shall consist of:
(A) the printed or written name of the registered owner, legal owner,
t)r junior lienholder, followed by ihe signature of the public adininistrator
or a deputy public administrator, and followed by the words "Public Ad-
minislralor": or
( B ) the signature of the public administrator or a deputy public admin-
istrator, followed by "Public Administrator of the Estate of (name of the
decedent)."
(e) in order for an executor of an estate to sign documents for a de-
ceased registered owner, legal owner or junior lienholder, the following
shall apply:
(DA copy of the Letters Testamentary, containing an endorsement or
stamp by the clerk of a Superior Courl indicating the date the document
was filed by the court, shall be submitted with the application for registra-
tion.
(2) An endorsement by an executor of an estate shall consist of;
(A) the printed or written name ol the registered owner, legal ounei.
or junior lienholder, lollowed by the signature of the executor, using the
exact name used in the Lellers Testamentary and lollowed by the word
"ExecuU)r," or
(B) The signature oithe executor, using the exact name used in the Let-
ters Testamentary, followed by "Executor of the Estate ol (name of the
decedent)."
No'tr,: Authority cilcd: .Sections 1X015 aiul 1 K()75. Health and Salciv ( ocJc Rcl
crcncc: Sections 180X0.1. 1X0X0.2. iXOX.s. IX 100.5. and 18102. HcaliJi and Salci\
Code.
HiSIOKV
i. New section tiled 12-31-^7; opciaii\c I 1-^JX pursnani lo Government ('ink'
section 1 1343.4(d) (Register yx. Nt). I ).
§ 5542.2. Acceptable Signatures and Endorsement by an
Authorized Representative of a Registered
Owner, Legal Owner, or Junior Lienholder
Other Than a Deceased Registered Owner,
Legal Owner, or Junior Lienholder.
(a) The signature of an individual shall be in the true name of ihai per-
son, or shall be sufficiently similar [o his or her true name so as to be rea-
sonably determinable as the "normal signature" of Ihat individual. A sig-
nature will be reasonably delerminable as the "normal signature" of an
individual if it varies from the individual's true name only because it uses
inilials ralher than the entire llrst or middle name, or because it omits the
middle name. Variations beyond those acceptable as the ■"normal signa-
ture" will be accepted only if a siaiemenl meeling the requirements of
Section 5543(c) is submitted by the signatory.
(b) The signature of a trustee of a trust shall be accepted by the depart-
ment if the requirements of Section .S.S4()(c)(2) have been met. and if the
trustee named in the trust agreement submitted pursuant to Section
5540(c)(2) is:
( I )an individual, the signature is in the true name or the "normal signa-
ture" as defined in subdivision (a) above of the individual named as trust-
ee, followed by the word "trustee"; or
(2) a company, the signature meets the requirements of subsection (c)
for the company named as trustee, followed by the word "trustee".
(c) An officer or authorized agent of a company shall type or print the
company name and shall sign for the company. The initials of an officer
or authorized agent's signature shall be either the officer or authorized
agent's true name or shall meet the definition of a "normal signature" set
forth in subsection (a).
(d) The signature of a personal represeniative of a deceased registered
owner, legal owner, or junior lienholder, or of an administrator or execu-
tor of an estate holding registered ownership, legal ownership, or a junior
lienholder interest in a unit, shall be as specified in Section 5542. 1 .
(e) An illiterate person or mentally competent person who can no long-
er write his or her normal signature may sign with a mark. Next U) the
mark, one witness shall print the name of the person who signed with a
mark and shall sign his or her own name. Two witnesses must sign iheir
names before the mark can be used as an acceptable signature on a state-
ment signed under penalty of perjury.
(0 A signature by an attorney-in-lacl, designated in a power t)f attor-
ney, shall be accepted if the following requirements are met:
( 1) the attorney-in-fact shall present either the original power of attor-
ney or a copy;
(2) the power of attorney shall be one of the following:
(A) A statement appointing an atlorney-in-facl which includes at least
the following information:
1. The unit identifying information;
2. Name of the person or company appointing the attorney in fact.
3. Name of the person or company being appointed as the attorney-in-
fact.
4. Statement authorizing the appointed attorney-in-fact to sign papers
and documents contained in an application for registration.
Page 260.9
Register 98, No. 14; 4-3-98
§ 5543
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
5. Signature of the person or company appointing the attorney-in-
I'acl.
6. Date the statement is signed: or.
(B) A statement which purports to grant powers ofattorney and which:
1 . contains the date o\' its execution:
2. is signed hy the principal or in the principal's name by some other
person in the principal's presence: and
3. is acknowledged before a notary public or by two witnesses other
than the attorney-in-facl that either witnessed the signing or the power
ofattorney by the principal or the principal'sacknowledgment of the sig-
nature or the power of attorney: oi"
(C) a properly completed statutory form of power ol" attorney as speci-
fied in Section 440 1 of the ProbateCode that complies with Section 4402
ol' the Probate Code: or
(D) any properly completed statutory form of power ofattorney which
complies substantially with former Civil Code Section 2450 (originally
enacted by Statutes 1984. chapter 602) or former Civil Code Section
2475 (originally enacted by Statutes 1990. chapter 986). and Probation
Code section 4102, and is signed by the principal and acknowledged by
a notary public: and
(3) the attorney-in-facl writes or types the name of the principal and
signs below it as the attorney-in-fact.
(g) In order for a conservator to sign documents for a registered owner,
legal owner, or junior lienholder. a copy of the Letters of Conservatorship
issued by a Superior Court, which contains an endorsement or stamp by
the clerk of the court indicating that date the document was filed by the
court shall have been received by the department, and the endorsement
shall consist of either:
(1) the printed or written name ol' the registered owner, legal owner,
or junior lienholder. and the signature of the conservator using the exact
name used in the Letters of Conservatorship or. when the conservator is
a public administrator, the deputy administrator, and followed by the
word "Conservator"; or
(2) the signature of the conservator using the exact name used in the
Letters of Conservatorship or. when the conservator is a public adminis-
trator, the deputy administrator, followed by "Conservator for (name of
the conservatee)."
(h) In order for a guardian to sign documents for a registered owner,
legal owner, or junior lienholder. the requirements of Section 5540(c)(6)
shall have been met. and the endorsement shall consist of either:
(1) The printed or written name of the registered owner, legal owner,
or junior lienholder. and the signature of the guardian, using:
(A) the exact name used in the Letters of Guardianship, if applicable,
or, when the guardian is a public administrator, the deputy administrator,
and followed by the word "Guardian": or
(B) the guardian's "normal signature" as defined in subsection (a)
above, if the guardian is signing as the parent of the registered owner, le-
gal owner or junior lienholder: or
(2) the signature of the guardian followed by "Guardian for (name of
the ward)", with the signature of the guardian using either:
(A) the exact name used in the Letters of Guardianship, if applicable,
or. when the conservator is a public administrator, the deputy administra-
tor: or
(B) the guardian's "normal signature" as defined in subsection (a)
above, if the guardian is signing as the parent of the registered owner, le-
gal owner or junior lienholder.
(i) In order for a trustee, appointed by the Bankruptcy Court, to sign
documents for a registered owner, legal owner, or junior lienholder, a
copy of the order of the Bankruptcy Court appointing the signatory as
trustee in bankruptcy for the registered owner, legal owner or junior lien-
holder. containing an endorsement or stamp by the clerk of the Bankrupt-
cy Court indicating the date the document was filed by the court, shall be
submitted to the department, and endorsement shall consist of either:
(1) the printed or written name of the registered owner, legal owner,
or junior lienholder. followed by the signature of the bankruptcy trustee.
using the exact name used in the order oi the Bankruptcy court, and fol-
lowed by the word "Trustee"; or
(2) the signature of the tmstee. using the exact name used in the order
of the Bankruptcy court, followed by "Taislee for (name of the bankrupt
registered owner, legal owner or junior lienholder)."
NOTR: Auihoriiv cited: Sections I KOI 5 and 18075. Health and Safety Code. F^ef-
erenee: Sections iS()8().l. 18085 and 18100.5. Health and Safety Code.
History
1. New section filed 12-.^ 1-97: operative 1-1-98 pursuant to Govemment Code
section 1 134."i.4(d) (Register 98. No. 1 ).
J? 5543. Requirements for Clarification, Correction, or
Change of Name.
(a) A registered owner, legal owner or junior lienholder may apply to
the department for a clarification, correction or change of name and shall
meet the requirements of this section.
(b) The application for registration shall include the statement as spe-
cified in subsection (c) when;
( 1 ) An individual's or company's name is signed or printed so differ-
ently that it is possible two different people or companies are involved,
or
(2) A individual's or company's name is misspelled on registration
and titling documents, or
(3) An individual or company has changed his/her/it's name and the
name differs from the name recorded on the department's records.
(c) When the application includes the clarification or correction of an
individual or company's name, or the change of name o\' an individual,
a statement completed by the party whose name requires clarification,
correction, or change, signed under penalty of perjury which includes the
following information:
(1) The unit identifying information.
(2) A statement attesting to the clarification, correction, or change in
name.
(d) When the change of name involves a company, the application
shall include one of the documents as specified in Section 5543. 1
(e) When the person whose name is in question is no longer available
to complete and sign a statement, an individual having knowledge of the
name in question can attest to this knowledge and to how this knowledge
w as gained by completing the statement as described in subsection (b)( 1 )
and ^2).
(0 An application submitted to the department to clarify, correct, or
change the name(s) of the registered owner(s) or legal owner shall also
include:
(1) the titling document, and
(2) the registered owner's registration card, if the application is to clar-
ify, correct, or change the name of the registered owner(s).
(g) An application submitted to the department to clarify, correct, or
change the name(s) of the junior lienholder(s) shall also include:
( 1 ) the junior lienholder' s registration card.
(h) When the application to clarify, correct, or change the name of the
registered owner(s) is not submitted with any other addition, deletion, or
change in registered owner, payment for a transfer fee as specified in sub-
section 5660(b) shall be submitted.
(i ) When the application to clarify, correct, or change the name of the
legal owner(s) or junior lienholder(s) is not submitted with any other ad-
dition, deletion, or change in legal owner(s) or junior lienholder(s), pay-
ment of the lien registration service fee as specified in subsection
5660(m) shall be submitted.
NOTE; Authority cited: Sections 1 801 5 and 1 8075, Health and Safety Code. Ref-
erence: Sections 18080.1. 18085 and 18100.5. Health and Safety Code.
History
1. New section tiled 12-31-97: operative 1-1-98 pursuant to Govemment Code
section 1 1 343.4(d) (Register 98. No. 1 ).
Page 260.10
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
§5547
$ 5543.1 . Company Name Change Without a Change in
Business Entity.
(i\) WliLMi a company changes iis name without a change ol'btisincss
entity and the name now dit't'ers Irom the name shown on registration and
tilhng documents, a clarifiealion of name is required, as specified in sub-
sections (h) or (c). as pan of an application for registration.
(h) One of the following documenls is required, when the company is
a corporation:
( 1 ) A copy of the Board of Directors Resolution authorizing the name
change:
(2) A copy of the minutes of the meeting that authorized the name
change;
(3) A statement on company letterhead, signed and dated hy a corpo-
rate officer or authorized agent of the company, explaining that the name
change did occur and that a change of business entity did not occur.
(c) When an individual or a partnership owns the company:
( I ) A sta(e;neni signed under penalty of perjury which contains the I'ol-
lowing information:
(A) The unit identifying information and
(B) A statement explaining that the name change did occur and that a
change of business entity did not occur.
NOTIi: AuthoritN ciled: Seciions 1 SOL'S and )8()7.S. Health and Safctv Code. Ref-
erence: .Sections 1X080.1. IKOS.S, 18100.5. Health and Safety Code.'
History
I. New section filed 12-.^J-97; operative l-J-^X pursuant to Govemment Code
section 1 1.^43. 4(d) (Register 98. No. 1).
§ 5544. HUD Label and HCD Insignia Number
Requirements.
(a) Except as provided in subsection (b). all applications for registra-
tion submitted to the department to report the sale. rent, or lease of a man-
ufactured home, mobilehotiie, multi-unit manufactured housing, or
commercial coach tnanufactured on or after September 1. 1958 must con-
lain the HUD label or HCD insignia number(s).
(b) The provisions of this section shall not apply to manufactured
homes, mobilehomes, multi-unit rnatiufactured housing, and commer-
cial coaches sold to the federal government for use on federal lands or to
commercial coaches manufactured for delivery out-of-state.
NOTf-: Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Seciions 18026. 18026.1. 18085. 18091. Health and Safety Code.
History
1. New section tiled 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
§ 5545. Smoke Detector Certification Requirements.
(a) When an application is submitted to the department to transfer
ownership, as the result of a sale of a used tnanufactured home, inobile-
home. or multi-unit manufactured housing, the application shall include
the following:
(DA statement signed under penalty of perjury, which contains the
following information:
(A) The unit identifying infonnation and
(B) A staleiTient certifying that the manufactured home. inobilehoiTie,
or multi-unit manufactured housing, is equipped with an operable smoke
detector on the date of transfer of title.
NoTt: Authority cited: Sections 1 801 5. J 8075. 1 8029.6, Health and Safety Code.
Reference: Section 18029.6, Health and Safety Code.
History
I. New section tiled 12-31-97; operative i-J-98 pursuant to Govemment Code
section 1 1343.4(d) (Register 98, No. I).
§ 5546. Acceptable Methods to Renew Yearly Registration.
(a) The registration of a manufactured home, mobilehome, or com-
mercial coach subject to in lieu taxation, shall be renewed annually no
later than the expiration date of the previous year's registration.
(b) Each application for renewal of registration shall include fees spe-
cified in Sections 18114, 181 14.1. 181 L5, and 18116 of the Health and
Safety Code.
(c) The application for renewal of registration may consist of one o\'
the following items:
( 1 ) The Registration Renewal Billing Notice mailed hy ihedeparimcnl
to the registered owner, as recorded on the department's records.
(2) The last issued registered owner's registration card provided by the
department pursuant to Section I 8080. 7(d) of the Health and Safely
code.
(d) If the fees as specified in Seciions 181 14. 18114.1. 181 1.5. and
181 16 are not paid within sixty days of the expiration date of the rcgislra-
lion. for a tnanufactured home or mobilehome. the department issues a
notice of delinquency. This notice may be used as an application for re-
newal of registration, iltransmitted to ihe department along with the fees
■specified in Sections 181 14, 181 14.1. 181 15. and 181 16.\)f the Health
and Safety Code.
(e) The payrnent of renewal fees shall be presented in person tt) the de-
partment within normal working hours up to and including the dale t)f ex-
piration or shall be mailed to the department with a postmark before mid-
night of the date of expiration or with a statement completed by the
applicant that the fees were mailed by midnight of the date of expiration.
(f) The sticker issued by the depariinenl upon paymeni of the registra-
tion fees, shall be placed in the upper right hand corner of the decal or
licen.se plate(s) located on the unit as specified in Section I8()92(h) of the
Health and Safety Code.
Note; Authority cited: Sections 18015 and 18075. Health and Saletv Code. Rel-
erenee: Sections 18092. 18109. 18114. 18114.1. 181 15 and 18116' Health and
Safety Code.
History
1. New section tiled 12-31-97; operative I-I-98 pursuant to Government Code
section 11. "^43 .4(d) (Register 98. No. 1 ).
§ 5546.1. Payment of Annual Renewal Fees with an
Application for Registration.
(a) When an application is submitted to the department for a change,
addition, or deletion of the registered owner's name or names, within
sixty days of the date of expiration on a manufactured home, mobile-
home, or commercial coach, the renewal fees specified in Seciions
181 14. 181 14.1, 181 15, and 181 16 of the HeaUh and Safety Code shall
accompany the application, unless the applicant can provide evidence of
current registration. Current registration refers to the registration for the
upcoming registration year.
(b) The department will accept any one of the following items as evi-
dence of current registration:
( 1 ) The registered owner's registration card issued by the department
or DMV, which displays a current expiration date.
(2) The titling document issued by the department or DMV. which dis-
plays a current expiration date.
(3) Written acknowledginent issued by the department, which shows
the amount of renewal fees paid and the date the renewal fees were sub-
mitted to the department for the renewal of the registration of a unit. The
renewal of the registration shall be for the upcoming registralion year.
(4) The number located on the renewal sticker issued by the depart-
ment afterpayment of annual renewal fees for the upcoming registration
year.
(5) A photocopy of the front and back of a canceled check, money or-
der, or cashier's check used as paymeni of annual renewal lees for the up-
coming registration year.
(6) A receipt issued by DMV. which shows the amount and date re-
newal fees were submitted to DMV to renew the registration of the unit
for the upcoming registration year.
NOTE; Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18108, 18108.5, 18109,18114. 18114.1, 18115, 181 16, 18116.1
and 18118, Health and Safety Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Govemment Code
section 11343.4(d) (Register 98. No. 1 ).
§ 5547. Requirements for Bonds and Other Undertakings.
(a) When at any titne in Chapter 5, a requirement for an application for
registration of a unit includes, as an alternative, the provision of a bond
Page 260.11
Register 98, No. 14; 4-3-98
§ 5547
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
or Linderuiking as described in this section, tlie bond or undertaking shall
he one of the lollowing:
(1 ) A surely bond issued by a surety company authorized to transact
general surety business in the Stale of California, executed by the princi-
pal and surety and acknowledged by a Notary Public using the certificate
of acknowledgment specified in Section 1 189(a) of the Civil Code. The
bond shall be valid for a three-year period from the date the completed
application for registration is received by the department.
(2) A certificate of deposit or investment certificate issued by a finan-
cial institution authorized to do business in the State of California and in-
sured by the Federal Deposit Insurance Corporation, which indicates the
name of the depositor and is made payable to the department. The certifi-
cate of deposit or investment certificate shall be valid for a three-year pe-
riod from the date the completed application for registration is received
by the department.
(3) Money deposited in a financial institution evidenced by a share or
savings account passbook which shows the name and address of the fi-
nancial institution and contains the signature of an officer or authorized
agent of the financial institution. The account passbook shall be assigned
to the department by the person evidence by the passbook to be the depos-
itor of the account. The assignment of the account passbook shall be valid
for a three-year period from the date the completed application was re-
ceived by the department.
(4) A cashier's check made payable to the department. A warrant in
the amount of the cashier's check will be sent to the applicant by the de-
partment at the end of the three-year period, beginning with the date the
completed application for registration is received by the department.
(5) Any governmental agency identified in Section 995.220 of the
Code of Civil Procedure may, in lieu of a bond or undertaking described
herein, submit a letter of indemnification, indemnifying the department
from all claims occurring because of the lack or defect in the application
for registration. The letter of indemnification shall acknowledge the ac-
ceptance by the issuing governmental agency of all liability due to any
claims, suits, actions, losses or damage on account of any defect in or un-
disclosed claim, lien, or encumbrance of whatever nature, pertaining to
the application for registration or the registration or titling of the unit pur-
suant thereto. The letter shall include the unit identifying information and
an acknowledgment that the indemnification shall remain in effect for a
period of 3 years from the date the completed application for registration
is received by the department.
(b) The value of any bond or other undertaking accepted by the depart-
ment, except for a letter of indemnification described in subsection (a)(5)
above, shall be the greater of:
( 1 ) the total contract (sale) price of the unit;
(2) the current market value of the unit based on the manufacture year,
makeup, condition and location of the unit; or
(3) the average of the values given in the current edition of the National
Automobile Dealers Association (N.A.D.A.) Mobile/Manufactured
Housing Appraisal Guide and the Kelley Blue Book.
(c) An application for registration which includes a bond or undertak-
ing described in subsection (a) above shall not be accepted by the depart-
ment unless it also includes:
(1 ) a statement, signed under penalty of perjury by the applicant(s)
that:
(A) describes the circumstances requiring the submission of a bond or
undertaking;
(B) explains how, when and from whom the unit was acquired; and
(C) describes reasonable attempts made to locate and obtain the docu-
ment or signature for which the bond or undertaking is being submitted
as an alternative; and
(D) a statement of the current market value of the unit;
(2) evidence that attempts were made by the applicant(s) to obtain the
document or signature for which the bond or undertaking is being sub-
mitted as an alternative, which may be, for example, unopened, returned
certified letters addressed to the last known address of the owner from
which a signature or titling document has been sought;
(3) if the undertaking is either a certificate of deposit, an investment
certificate, or an account passbook, pursuant to subsection (a)(2) or
(a)(3), the following forms, completed and signed:
(A) form HCD 482.4, Irrevocable Assignment to the Department of
Housing and Community Development, version dated 7/97, provided by
the department, completed by each person providing the certificate of de-
posit, investment certificate or account passbook and by the financial in-
stitution in which the funds evidenced by the certificate of deposit, in-
vestment certificate or account passbook are deposited:
Page 260.12
Register 98, No. 14; 4-3-
Title 25 Registration and Titling ^ 5547
CONTROL NUMBER
DHPAKTMRNT USH im\ BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF CODES AND STANDARDS
REGISTRATION AND TITLING PROGRAM
IRREVOCABLE ASSIGNMENT TO THE
DEPARTMENT OF HOUSING AND COMMUNITY UEVELOPMENT
SECTION I. DESCRIPTION OF UNIT
'his unit IS a (checl( one):
LJ MsnufacturM Home. Motailehome, MultHjnit Manufactured Housing LJ Comnneraai Coacii i I Truck Camper LJ Floating Home
'ue Dical (License) NumbertJ): ___._.„_^__.__^__._^__.,_^^__.__..^____^^_______^_____^.^__....,_._.^__^^_,.__.^^
'ha Trade Name is:
'he Sanal Numt>er(s) ts.
SECTION II. ASSIGNMENT AND CERTIFICATION
We
Name of Apptiainus) Exaaty as t Appear* on Appocstion
Hereinafter referred to as Assignor, whose pnncipal place of residence is located at :
street Address City Siata Zip
loJaoes nereoy irrevocaDiy assign and set over to the State of California . Department of Housing and Community Development, hereinafter referred to the insureo
-.ccount of Assignor in the (financial institution name) ^ whose aoaress is
Street Address City State Zip
3s evidenced by an account in the amount of $ (dentified by Account No . whicti is delivered to the Department by
Assignor Assignor agrees and stipulates that this in-evocable^ssignment cames with it the ngnt in and to the insurance of this account by the Federal Deposit
insurance Corporation. This irrevocable assignment is given to ttie Depanment under the provisions of Section 16066.5 of the California Health and Safety Code
s binding on Assignor, his/her heirs, administrators, successors, and irrevocably assigns jointly and severally and is conortioned that Assignor, made is about to
^aKe. application to the Department for registration or transfer of ownership interest of the unit descnt>ed at>cve.
VVe certify under penalty of perjury under the laws of the Slate of California that the foregoing ts true and correct
executed on at
0»n City State
Applicant Signature .~-^ .
Address: .
Se—t Address orPO Box C/ry St»tt Zifi
SECTION III. FINANCIAL INSTITUTION - ENDORSEMENT AND RECEIPT OF IRREVOCABLE ASSIGNMENT
Receipt IS hereby acknowledged to the State of California. Deparvnent of Housing and Community Development of written notice of the irrevocabic assignment
^0 said Department of the abovendentified account V\^e have noted our records to sl^ow the interest of Xnt Depaitment in said account as thonwn in and by the
'revocable assignment aPove We have retained a copy of this document. We hereby certify that we have not received any notice of lien, encumbrance hold
Claim, or other obligatton against the above-«dentrfied account pnor to its irrevocable assignment of the Department. We agree to make payment at required Dy
rne California Health and Safety Code tn accordance with the banking or savings and loan laws applicabie to the bank association
Executed on at .
Dat9 C4y Srare
•^inanaal Institution Signature: .^ . —
Address: - — -_____^
Street Addrass or P O Box CJty Sraw 2iip
DEPARTMENT USE ONLY
Receipt IS hereby acknowtedged of the irrevocable assignnwnt above and the account identified in the Hrevocable assignment above The Pinanaal Institution
named tn the irrevocable assignment above a thereby autnonzed and directed to pay any earnings on the above-tdentified account to the above-named Assignor
Executed on at ,
Dvm City StM
Department of Housing and Communrty Development, Registration and Titling Section
Signature of Authora«J Emptayee: _ TWa
D1STRJBUTI0N:WHITE & BLUE COPY: DEPARTMENTPINK COPY: APPUCANTYELLOW COPY: FINANCIAL INSTITUTION
HCD 482 4 (7/B7)
Page 260. 13 Register 98, No. 1 4; 4 - 3 - 98
§ 5547 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
(B) form HCD 482.5, Noiice of Acknowledgment, version dated 7/97.
as provided by the department, completed by each person providing the
eenificaie of deposit, investment certificate or account passbook:
Page 260.14 Register 98, No. 14; 4-3-
Title 25 Registration and Titling ^5547
BL'SINESS. TRANSPORTATION AND HOUSING AGhNCY
DHPARTMHNT OF HOUSING AND COMMUNITY DHVELOPMBNT
DIVISION OPCODES AND STANDARDS
RHGISTRATION AND TITLING PROGRAM
NOTICE OF ACKNOWLEDGMENT
SECTION L DESCRIPTION OF UNIT
''his unit IS a \check one):
LJ Manufacturea Home, Mobiiehome, Multi-unit Manufactured Housing LJ Commercial Coach LJ TrucK Camper LJ Floating Home
'he Decal (License) Number(s) is: .-____-__^—
'he Trade Name is .^
''he Senal Number(s) is:
SECTION II. ACTION REQUESTED
lA/Ve
Name of Afiplicant(s) ExacVy «s ri Appears on ApplicaUon
Maving made, or about to make, application for registration or transfer of ovmership \r\leres\ of the \ix\A above ^Checis. Oney.
U Elect to post a deposrt in the amount of $ with the Department of Housing and Community Development in
iieu of a surety bond in like amount as provided for in Section 18086.5 of the California Health and Safel^ Code
Applicant further understands that the Director is authonzed to reduce the sum of said deposit to the extent of all claims
owing the Department of Housing ana Community Development ansing from any loss or damage on account of any defect
in or undisclosed claim upon the nght, title and interest of the Applicant or other person in and to the above-described unit,
and reasonable attorney fees and administrative costs incun-ed in processing claims against such deposit, that the reduction
of such deposit by any amount is grounds for automatic cancellation of the certificate of title, under the provisions of Section
18122 of the California Health and Safety Code, until such time as the deposit is restored to its onginal amount
Zl Elect to post, under provisions of Section 1 8085 5 of the California Health and Safety Code, with the Department of Housing
and Coinmunity Development evidence of a $ deposit, or an investment certificate in like amount, in a
Financial Institution authonzed to do business in the State of Califomia and insured by the Federal Deposit Insurance
Corporation or the . together with a written irrevocable assignment of said
deposit or certificate to the Department of Housing and Community Development Said deposit or certificate issued by
(hnanaai institution) (Canidcaie Number)
Stnet Addross or P O. Box cii)/ State Tip ~
G Elect to post, under the provisions of Section 1 8086,5 of the California Health and Safety Code, a Certificate of Deposit or
a hJlW paid certificate in my^our nanne, issued by a financial institution authonzed to do business in the State of California and
insured by the Federal Deposits \nsurance Corporation, or the , and payable to *ihe
Department of Housing and Community Development in the amount of $ Said Certificate
has been issued by:
(Finanaai Institution) (Certificate Number)
Stnet Address or P.O Box ciiy State " zip
SECTION III. ACKNOWLEDGMENT OF APPLICANT
lA/Ve acknowledge that the deposit, investment certificate, certificate of deposit, or a full paid certificate will be retained Py the Department of
Housing and Community Development for a three-year penod from the date the certificate of title is issued for the above-descnbed unit After
the three-year penod. it shall be returned to:
Executed on at
Data City State
Signature:
Address:
Str»el Address or P O. Box Ctty State Zjp
DISTRIBUTION: WHITE COPY - DEPARTUBHT, GREEN COPY - APPLICANT
HCD 482 S a/97)
Page 260.15 Register 98, no, 14:4-3-98
§ 5547.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) i I'thc undertaking is a cashier's check pursuant to sLibseclion (a)(4),
completed and signed form HCD 482.5. Notice of Acknowledgment,
version dated 7/97, as provided in subsection (c)(3).
(d) Notwithstanding anything in this section or in Chapter 5 to the con-
trary a bond or undertaking described in this section shall not be accept-
able evidence to the department that the security interest of any inventory
creditor, legal owner, junior lienholder or other party with a security in-
terest in the unit identified on any DMV or department record no longer
exits, if the inventory creditor, legal owner. Junior lienholder or holder
o\' the security interest is a financial institution. In that instance, the re-
lease of the security interest pursuant to Section 5581 or 5585. as applica-
ble, will be required.
Noth: Authority cited: Sections 180l.'> and 18075, Health and .Safety Code. Ref-
erence: Sections 18085. 18086.5. 18100.5 and 18102.5, Health and Safety Code.
HiSlORY
1. New .section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section I 1343.4(d) (Register 98. No. 1).
§ 5547.1. Tax Clearance Certificate and Conditional Tax
Clearance Certificate Requirements.
(a) An application for registration that transfers the interest of the reg-
istered owner of either a used manufactured home, used mobilehome.
used multi-unit manufactured housing, or used floating home, which is
subject to local property taxation, shall contain a completed Tax Clear-
ance Certificate or a completed Conditional Tax Clearance Certificate.
(b) Except as provided in subsection (e), the Tax Clearance Certificate
or the Conditional Tax Clearance Certificate shall be issued by the tax
collector of the county within which the manufactured home, mobile-
hotne. multi-unit manufactured housing, or floating home is located.
(c)The applicant's name(s) as shown on the Tax Clearance Certificate
or the Conditional Tax Clearance Certificate shall be the same as the
names of the new registered owner(s) shown on the application for regis-
tration.
(d) In order for the department to accept a completed Tax Clearance
Certificate or a completed Conditional Tax Clearance Certificate, the
application with which the certificate is submitted must be received by
the department prior to the "void on or after date" shown on the certifi-
cate. If the application is incomplete and additional documents and/or
fees are required, the department shall request a new certificate with a
non-expired "void on or after date."
(e) In order for the Conditional Tax Clearance Certificate to be valid,
the escrow officer shall complete the Certification of Escrow Officer por-
tion of the Conditional Tax Clearance Certificate.
(f) In lieu of the Tax Clearance Certificate or Conditional Tax Clear-
ance Certificate, an escrow officer shall provide a statement signed under
penalty of perjury, which provides the following information:
( 1 ) The unit identifying information;
(2) A statement certifying that a written demand for a completed Tax
Clearance Certificate or a completed Conditional Tax Clearance Certifi-
cate was requested from the county tax collector, specifying the date, and
that the county tax collector has failed to respond within thirty days of the
date of the written demand.
NOTE: Authority cited: Sections 1 801 5 and 1 8075. Health and Safety Code. Ref-
erence: Sections 18035(m) and 18092.7. Health and Safety Code.
History
!. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
§ 5548. Statement of Error or Erasure.
(a) A person, who has in error signed, erased, lined through, altered a
name or signature that denotes ownership, shall complete and submit to
the department with the application for registration, a statement signed
under penalty of perjury, which contains the following information:
( 1 ) The unit identification and
(2) A statement indicating the line number and the name of the form
on which the error occurred and certifying to the reason for the error or
erasure.
NOTE: Authority cited: Sections 18015 and 18075. Health and Safely Code. Ref-
erence: Section 17403.2. Financial Code; Sections 18080.5. 1 8080.7 and 18100.5.
Health and Safety Code.
Hi.STORY
i. New section filed 12-31-97; operative 1-1-98 pursuant toGovemment Code
section 1 1343.4(d) (Register 98. No. 1 ).
§ 5548.1. Assignment of Expiration Dates.
(a) The expiration date assigned for a nonresident manufactured
home, mobilehome, or commercial coach shall be the last day o\' the
month in which the annual registration fees become due, unless the
month is December. December 30 shall be assigned, when fees become
due in the inonth of Deceinber.
(b) The expiration date assigned to a manufactured home, mobile-
hoine, or commercial coach, which changes froin exeinpl registration to
in lieu taxation status, shall be the last day of the month in which the unit
no longer qualified for exempt status unless the month is December. De-
cember 30 shall be assigned, when the month is December.
(c) The expiration date assigned to a new commercial coach shall be
the last day of the month in which the coinmercial coach is sold, unless
the month is December. December 30 shall be assigned, when the month
in which the commercial coach is sold is December.
(d) The expiration date assigned to a multi-sectioned manufactured
home or mobilehome. previously registered with DMV under separate
decals with different expiration dates, shall be the later expiration date.
Prorated registration fees and vehicle license fees shall be required from
the date of expiration to the new expiration date for the section of the
manufactured home or mobilehome with the earlier expiration date.
(e) The expiration date assigned to a manufactured home or mobile-
home, that was first sold new prior to July 1 , 1980, and enters California
froin another state, will be the last day of the month that fees became due,
unless the month is December. Deceinber 30 shall be assigned when fees
becotne due in the month of December.
NOTE: Authority cited: Sections 1 8015 and 1 8075. Health and Safety Code. Ref-
erence: Sections 18114 and 181 15, Health and Safety Code.
History
1 . New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1 ),
§ 5549. Completion or Reproduction of Documents and
Forms.
(a) All documents or forms submitted in an application for registration
shall comply with the following requirements:
(1) All documents or forms shall be completed and signed in ink.
(2) All information provided on documents or forms submitted in an
application for registration shall be completely legibly.
(3) All documents and forms typed or electronically produced shall be
completed in at least 10 point type.
(b) Forms approved by the department and forms provided by the de-
partment pursuant to this Chapter, shall include reproductions by photo-
graphic or electronic means. Reproduction by photographic or electronic
means shall not alter the form in any manner.
(c) Reproduction by electronic means of the forins required pursuant
to this Chapter, shall include the originators name, company, or organiza-
tion at the bottom of each form.
(d) Reproduction by electronic means of the forms required pursuant
to this Chapter, shall not require the Department of Housing and Comtnu-
nity Development seal to be part of the electronically reproduced form.
(e) Forms reproduced by electronic means shall be submitted to the de-
partment for review and the department shall notify the submitter of the
acceptability or non-acceptabihty.
(f) All forms and documents submitted to the department shall be pre-
pared on white paper except for original documents in existence or pre-
pared prior to the current transaction.
(g) An application for registration that contains forms or documents
not complying with subsections (a),(b),(c),(d), or (e) will be returned to
the applicant.
NOTE: Authority cited: Sections 18015 and 1 8075, Health and Safety Code. Ref-
erence: Sections 18085, 18092.5 and 18100.5, Health and Safety Code.
Page 260.16
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
i^ 5550
H LSI OR 'I
New scclion filed 12-31-97; operative 1-1-98 pursuant to Govemnienl Code
seeiion 1 1343.4(d) (Keuister 98. No. 1 ).
§ 5549.1 . Confidentiality of Home Address for a Registered
Owner.
(a) The registered owner of a tiianulaciured hotiie, mobilehotne. iiuil-
li-Litiit tiianuractiired hoiisitig. cotiitiieicial coach, truck catiiper, or iloat-
itig home who does not wish his or her home address, as il appears in the
deparitiienl's records, disclosed as puhhc inlormation. shall comply with
the requirements ol'lhis section.
(h) A registered owner requesting confidentiality shall submit a slate-
menl signed under penalty of perjury which contains the following infor-
mation:
( 1 ) The unit identifying information.
(2) The location address of the unit, thai is to be confidential.
(3) The current mailing address of the unit. This address must be dif-
ferent than the location address as provided in subsection (2).
(c) The application shall include payment for a Home Address Confi-
dentiality Fee as required by subsection .^1660(0).
(d) In order to remove the confidentiality of the home address, the reg-
istered owner shall submit a statement signed under penally of perjury
which contains the following inforination:
( 1 ) The unit identifying information.
(2) A written statement requesting the removal of the confidential sta-
tus of the hoine address and providing the department with the current
mailing address.
(f) When the department has recorded confidentiality, and a subse-
quent application for registration is submitted to the department to
change the registered owner recorded on the permanent title record, a
new request for confidentiality must be made and the requirements of this
.section met.
NOTl^: Authority cited: Sections 1801.S and I807.S, Health and Safety Code. Ref-
erence: Section 18081. Health and Safety Code.
History
I. New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Reeister98. No. 1).
§ 5549.2. Change of Mailing Address.
(a) In order to change the mailing address for the registration of a man-
ufactured home, mobilehome. multi-unit manufactured housing, com-
mercial coach, truck camper, or floating home, the registered owner, le-
gal owner or Junior lienholder shall comply with the requirements of this
section.
(b) The registered owner, legal owner, or junior lienholder shall notify
the departinent of the change by complying with one of the following:
( 1 ) Submit a written request to the department, providing the decal or
license number(s). manufacturer's trade name, serial number(s) of the
manufactured home, inobilehoine, multi-unit manufactured housing,
commercial coach, truck camper, or floating home, the applicant's naine,
old mailing address, and new mailing address. The letter also shall in-
clude a statement requesting the department to change its records to the
new address.
(2) Contact the department and provide the decal or license number(s),
manufacturer's trade name, serial number(s) of the manufactured hoine,
mobilehome, multi-unit manufactured housing, commercial coach,
truck camper or floating home, his or her name, old mailing address, and
new mailing address.
NOTl-: Authority cited: Sections 18015 and 1807.5. Health and Safety Code. Ref-
erence: Section 18098. Health and Safety Code.
Hl.STORY
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Reijisler 98. No. 1).
§ 5549.3. Change of Location Address for a Commercial
Coach.
(a) When the location address of a commercial ct)ach has been
changed, the registered owner shall notify the department of the change
within 10 days.
(b) The registered owner shall provide written notification, signed un-
der penalty of perjury which contains the following information;
( 1 ) The unit identifying infomtalion.
(2) The registered owner identifying information.
(3) The new location address for the unit.
NOTF:: Authority cited: Sections 1801.5 and 18075. Health and Safety Code, Kel-
eiencc: Section 18099. Health and Safety Code.
HlSlORY
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
§ 5549.4. Change of Location Address of a Manufactured
Home, Mobilehome, Multi-Unit Manufactured
Housing, or Floating Home.
(a) In order to request a change of the address of the location of a man-
ufactured home, mobilehome, multi-unit manufactured housing, or
Hoating home, as shown on the department's records, the registered ow n-
er, legal owner, orjunior lienholder shall submit a written notification to
the department, signed under penalty of perjury which contains the fol-
lowing information:
( 1 ) The unit identifying information.
(2) The registered owner identifying information.
(3) The new location address of the unit.
(b) If a legal owner is recorded on the department's records, in addition
to the notification as required by subsection .5549.4(a), written consent
of the legal owner, authorizing the location change shall be submitted
with the notification required by sub.seclion 5549.4(a).
(c)lfajunior lienholder is recorded on the department's records, in ad-
dition to the notification as required by subsection 5549.4(a). written
consent of the Junior lienholder. authorizing the location change shall be
submitted with the notification required by subsection 5549.4(a).
(d) When a request for consent to move a unit is mailed to the legal
owner orjunior lienholder and 30 days have passed since the request was
mailed or delivered, and the legal owner orjunior lienholder has neither
given or withheld consent, and the unit is to be moved, the written notifi-
cation as required in subsection 5549.4(a) shal I contain a statement to this
effect.
(e) The last issued registration card for the unit.
(f) The application shall include payment of the Situs Change Fee spe-
cified in subsection 5660(n).
NOTE; Authoritv cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sections 18099.5 and 18100. Health and Safety Code.
History
1. New section tiled 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Redsler 98. No. 1 ).
Article 5. Duplicates and Substitutes
§ 5550. Requirements for Obtaining a Duplicate Certificate
of Title.
(a) In addition to the applicable requirements of Article 2. Registration
Requirements, of this chapter, an application to obtain a duplicate titling
document shall meet the requirements of this section.
(b) When the title issued by DMV or HCD is lost, stolen, tnutilated.
illegible, or was not received, the legal owner or, if no legal owner, the
registered owner shall complete and subinit to the department an applica-
tion for duplicate certificate of title, which contains the following infor-
mation:
( 1 ) The decal or license nutnber for the unit.
(2) The serial number(s) for the unit.
(3) The trade name of the unit.
Page 260.17
Register 98, No. 14;4-3-98
§ 5551
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) The registered owner's name(s). mailing address and location ad-
dress of the unit.
(5) The legal owner(s) name and address, if any.
(6) A certification of the missing title which is signed under penaUy
of perjury that states the disposition of the original title.
(c) When an application is submitted to the department that requires
the correction of unit information or the registered owner(s) or legal own-
er(s) names, in addition to the requirements of subsection (b), the applica-
tion for duplicate certificate of title shall contain the following informa-
tion:
( 1 ) The manufacturer name, if known.
(2) The manufacturer ID number, if known.
(3) Model name or number, if known.
(4) The date of manufacturer, if known.
(5) The dale first sold new. if known.
(6) The HUD or HCD Insignia label number(s), if known.
(7) The length and width of each transportable section, if known.
(8) The weight of each transportable section, if known.
(d) When an application is .submitted to the department to transfer the
ownership of the registered owner(s) and/or the legal owner(s), in addi-
tion to the requirements of subsections (b) and (c). the following informa-
tion shall be submitted on the application for duplicate certificate of title:
( 1 ) The new registered owner(s) name, address, and location of the
unit.
(2) The new legal owner(s) name and address, as specified in Section
.l^HO, if any.
(3) The new junior lienholder(s) name and address as specified in Sec-
tion 5584. if any.
(4) The release of the registered owner(s) as specified in Section 5533
and release date, if appropriate.
(5) The release of the legal owner(s)and release date, as specified in
Section 5581 , if appropriate.
(6) The release of the dealer, release date, and dealer license number,
if the transaction occurred by or through a dealer.
(7) The signature(s) of the new registered owner(s) as specified in Sec-
tion 5533.
(8) The purchase price and purchase date if the application is sub-
mitted to report the sale of a unit.
(e) If the unit is registered under a decal or license plate issued by
DMV, the application shall include the last issued Registered Owner
Registration Card.
(f) The application shall include payment of the Duplicate Certificate
of Title Fee required by subsection 5660(f).
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18100.5, 18108.3 and 181 10. Health and Safety Code.
History
I. New article 5 (sections 5550-5553) and section filed 12-31-97: operative
1-1 -98 pursuant to Government Code section 1 1343.4(d) (Register 98, No. 1 ).
§ 5551. Requirements for Obtaining a Duplicate
Registration Card for a Unit.
(a) When the registration card issued by the department is lost, stolen,
mutilated, illegible, or was not received, the registered owner or Junior
lienholder may obtain a duplicate registration card for a unit. The regis-
tered owner or junior lienholder(s) shall complete and submit to the de-
partment an application for a duplicate registration card which contains
the following information:
( 1 ) The decal or license number(s) of the unit.
(2) The serial number(s) of the units.
(3) The trade name of the unit.
(4) The registered owner(s) name, mailing address, and location ad-
dress of the unit.
(5) The junior lienholder name and address, if submitted by the junior
lienholder.
(6) A certification signed under penalty of perjury that states the dispo-
sition of the oriainal registration card.
(b) The application shall include payment of the Duplicate Registra-
tion Card Fee required by sub.scction 5660(g).
NOTL: Auihorii V ciied: Sections 1 801 5 and 1 8075. Health and Safety Code. Ref-
erence: Sections 18080.7, 18090.5. 18100. 18100.5and 18108, Health and Saletv
Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Goveminent Code
section 1 1 343.4(d) (Register 98. No. 1 ).
§ 5552. Requirements for Obtaining a Substitute Decal or
Substitute Year Sticker.
(a) in addition to the applicable requireinents of Article 2, Registration
Requirements, of this chapter, an application to obtain a substitute decal
or substitute year sticker, when the original is lost, stolen, destroyed, mu-
tilated, illegible, or not received, shall meet the requirements of this sec-
tion.
(b) The registered owner shall subinit to the departinent a written re-
quest for a replaceinent decal and/or sticker which shall include but is not
limited to the following:
(1) Identification of the type of unit as being either a manufactured
home, mobilehome, tnulti-unil manufactured housing, commercial
coach, truck camper, or floating home
(2) Each decal or license plate number:
(3) Each serial nuinber
(4) The manufacturer's trade name, if any;
(5) A signed statement certifying that the decal and/or sticker issued
for the unit is lost, stolen, destroyed, mutilated, illegible, or not received.
(c) The application shall include the titling document issued by DMV.
if the unit is registered under a license plate or decal issued by DMV, and
the application is for a substitute decal.
(d) The application shall include the last issued Registered Owner
Registration Card if the unit is registered under a license plate or decal
issued by DMV, and the application is for a substitute decal.
(e) The application shall include payment of the Substitute Decal or
Sticker Fee required by subsections 5660(h) or 5660(i).
NOTE: Authority cited: Sections 18015 and 1 8075, Health and Safety Code. Ref-
erence: Section 18092, Health and Safety Code.
History
]. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 1).
§ 5553. Requirements for Obtaining a Substitute Month
Sticker.
(a) In order to obtain a substitute month slicker, the registered owner
shall do one of the following:
(1 ) Contact the department by telephone or in person and request the
substitute month sticker, and provide the decal number, serial number,
and trade name, or
(2) Submit a written request to the department for a substitute inonth
sticker which shall include the decal number, serial number, and trade
name.
NOTE: Authority Cited: Sections 1801 5 and 18075, Health and Safety Code. Ref-
erence: Section 18075, Health and Safety Code.
History
]. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
Article 6. Manufacturer Reporting
Requirements
§ 5560. Manufacturer Certificate of Origin Requirements.
(a) Upon being first licensed by the department, and thereafter ai the
request of the manufacturer, the department shall provide the manufac-
turer with one or more MCO Books, which remain state property.
(b) An MCO Book contains sequentially numbered forms in quadru-
plicate, to be completed and distributed as follows:
( I ) the Original (pink), to the inventory creditor, or, if there is none,
to the entity which purchased the unit from the manufacturer;
Page 260.18
Register 98, No. 14; 4-3-9
Title 25 Registration and Titling ^ 5560
(2) Copy I (v\iiiic). 10 ihcdcparlmcnt. al the lime ol' release 1)1' the iinil (c) Form HCD 483.0. Manulaclurer Cenil'icale of Origin, version
to any entity: dated 7/97. a two-sided I'orm. as pr(.)\ ided by the department:
(3) Copy 2 (yeik)u ). must aeeompany the unit when it is transported:
(4) Copy 3 (goldenrod). is the book eopy and is to be retained by the
manLifaetLirer in the MCO Book.
Page 260.19 Register 98, No. 14; 4 -,^-98
§ 5560
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
SIAir Ol C'AI IIOKMA
HLI.SINI SS. TKANSPOklATION AND IIOI'SINC AdI.NC'V
ni I'AkrMI.NTOI HOL^SINd ANDCOMMl MIA DIVI lOl'Ml NT
DIVISION Ol fODIS AND SI ANDARDS
MANUI ACTDKII) IIOl'SINd I'kOdRAM
MANUFACTURER CERTIFICATE OF ORIGIN
n
CHECK IF THIS IS A DUPLICATE MCO-ENTER ORIGINAL MCO NO
MANUFACTURED HOME OR MULT^-UNtT MANUFACTURED HOUSING
D SFD (SWGLE FAMILY DWELLING) U MUMH (MULTI-UNIT MANUFACTURED HOUSING
NUMBER OF
TRANSPORTABLE SECTIONS
OCCUPANCY GROUP
MANUFACTURER NAME
MANUFACTURER ADDRESS
(Sti«a(>
(City)
[Sata]
JM.
MANUFACTURER UCENSE NUMBER
SUGGESTED RETAIL PRICE:
MANUFACTURER TRADE NAME:
MODEL NAME AND/OR NUMBER
DATE OF MANUFACTURE.
NAME OF DEALER OR TRANSFEREE (OWNERSHIP TRANSFERRED TO)
CALIF DEALER NUMBER OR
TRANSFEREE DESIGNATION
DATE DF TRANSFER:
DEALER OR TRANSFEREE ADDRESS
(Streets
fCrty)
(State)
fZO)
INVENTORY CREDITOR NAME
INVENTORY CREDITOR ADDRESS
(Street)
SECTION
(Crty)
(State)
(Zip)
MANUFACTURER SERiA;. NUMMER
HCD IMSlGNtA OR HUO LABEL NUMBER
LEHGTH
(INCMeSi
(tNCHES^
WEVGHT
mOUMDSI
TRANSCORTCR NAME
TRANS(>ORTER ADDRESS
!S«rMt)
fC«Y>
(SOW!
JZSL
OeSTMATION FOR UNfT DESCRIBED ABOVE
(NAMEl (Str— <)
fZol
I ean^ urMW pana*^ of paouv >«vMr >«• <■** of Vw SW* of CjMonM Vw* «« Mov* facts are «nj* aid corract
(Oaia)
SIGNATURE OF AimiORZED MXHT
(C<yl
(County)
|S«««I
DISTHmtmoW: OWOINAL tPlNK) FORWARD 70 THE WVENTORY CREOnOR UNLESS THERE \S HOHE THEH FO«>«>*Q TO Trtt ?URCHkSW \MJ4i* OR TWMiSftWEt)
COPY 1 (VMITE) FORWARD TO THE DEPARTMENT AT P O BOX 1838. SACRAMEKTO CA 966^2-1828. VMTMIN FIVE (S) DAYS OF RELEASE
CO^ 2 (YELLOW) DELIVER TO THE TRAMSPOHTER TO ACCOMPANY THE UfttT TO FTS DESTINATION
COPY 3 (GOLOENROO) TO BE RETAINED BY THE MANUFACTURER
HCD 483.0 • Side 1 - (7/B7)
Page 260.20
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
S 556()
h
SECTION I.
RELEASE OF SECURITY INTEREST
1 THE UNDERSIGNED INVENTORY CREDITOR RELEASES AU WTEREST SN 7»F. UNIT DESCRIBED OH THE FRONT S;Df OF THIS CERVFICA 7E
OF ORIGIN.
I NAME OF INVENTORY CREDfTOR;
SIGNATURE OF Al/THORIZED AG6WT:
I SECnON It.
RELEASE DATE.
FIRST ASSIGNMENT
INSTRUCTIONS. The tetter •• shown on me trom of this torm snail compietfl me First Assignment section wtien ownership or interest is bting trantferrad lo
another dealer
For the vahie recetvad. (he underatgned hereby transfers this Certificate of OhQin and the descnoed unrt thereon to:
ADDRESS
(StIMt)
(City)
(State)
(Zip)
and cerMies that the unit rs new and has not t>een registered in this or any other state, he also warrants the title of said unit of time of delivery, subiect to the liens
and encumbrances, if any. as set out below
NAME OF LIENHOLDER:
AIX3RESS.
(OlWWi)
-iP!in
(State)
J22L
TRANSFEROR (FIRM NAV.E)
DATE OF TRANSFER
TRANSFERRED AT (CrTY):
SIGNATURE OF TRANSFEROR OR REPRESENTATIVE
SECTION III.
SECOND ASSIGNMENT
INSTRUCTIONS: The dealer as shown under the First Assignment shall complete the Second Assignment section when owrwrship or interest » bemg transfenwj
another dealer.
For the value received, the undenigned hereby trar>sfers thts Cenit^caie o1 Ohgrn and the descnoed unit thereon to
ADDRESS:
(Street)
(City)
(SUte)
(Zip)
and oertrfies that the unit is new and has not been registers tn thts or any other sute. he also warrants the title of said unit at time of delivery, subftct to the liens and
encurnbrences. if any, as set out t>elow:
NAME OF LIENHOLDER:
ADDRESS:
_^SUe«j_
JBUL
(State)
jm.
TRANSFEROR (FIRM NAME):
DATE OF TRANSFER:
TRANSFERRED AT {CITY)
SIGNATURE OF 77?ANSFEROR OR REPRESENTATIVE:
HCD 483.0 . Side 2 - (7/B7)
Page 260.21
Register 98, No. 14; 4-3-98
§ 5561
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) The manufacturer shall complete a single MCO listing all sections
ol'a manufactured home, mobilehome, or multi-unit manufactured hous-
ing.
(e) The manufacturer shall complete a separate MCO foieach section
of a commercial coach.
(f) Instructions for entering information on side one of the MCO are
as follows:
(1) MANUFACTURED HOME/MOBILEHOME: Check the appro-
priate box to indicate if the unit is a:
(A) SFD (Single Family Dwelling), units constructed for use as a
single I'amily dwelling, or
(B) MUMH (Multi-unit Manufactured Housing), units constructed
for use as defined in section 1 8008.7. of the Health and Safely Code.
(2) COMMERCIAL COACH: Enter the Occupancy Group Code pur-
suant to the California Building Standards Code, Chapter 3, commencing
with Section 301, which specifies the designed structural use of the unit.
(3) NUMBER OF TRANSPORTABLE SECTIONS; Enter the num-
ber transportable sections for a manufactured home, mobilehome, or
mulli-unii manufactured housing. Because only one transportable sec-
tion of a commercial coach can be reported on an MCO, the number of
transportable sections is always one.
(4) MANUFACTURER NAME: Enter the name of the manufacturer
o\' the unit.
(5) MANUFACTURER LICENSE NUMBER: Enter the manufactur-
er's license number assigned by the department.
(6) MANUFACTURER ADDRESS: Enter the address of the man-
ufacturer.
(7) SUGGESTED RETAIL PRICE: The manufacturer's suggested re-
tail price may be entered; this field is optional.
(8) MANUFACTURER TRADE NAME: Enter the full trade name of
the unit, an abbreviation is not acceptable.
(9) MODEL NAME AND/OR NUMBER: Enter the model name and/
or number assigned by the manufacturer.
( 10) DATE OF MANUFACTURE: Enter the date manufacture of the
unit was completed.
(11) NAME OF DEALER OR TRANSFEREE (OWNERSHIP
TRANSFERRED TO): Enter the one of the following:
(A) if the unit is sold to a dealer or out-of-state dealer, enter the deal-
er's name; or
(B) if a manufactured home, mobilehome, or multi-unit manufactured
housing is sold to a licensed California general contractor, as permitted
by Section 1 8062.9 of the Health and Safety Code, enter the contractor's
name; or
(C) If a manufactured home, mobilehome, or multi-unit manufactured
housing is sold to a city, county, city and county, or any other public
agency as permitted by Section 18015.7 of the Health and Safety, enter
the name of the city, county, city and county, or other public agency.
(12) DEALER NUMBER; Enter the following:
(A) If the unit is sold to a dealer, enter the dealer's license number; or
(B) If the unit is sold to an out-of-state dealer, enter the alphabetical
symbol for the state in which the dealer is located; or
(C) If a manufactured home, mobilehome, or multi-unit manufactured
housing is sold to a licensed California general contractor, enter the word
"contractor" or abbreviation "CONTR"; or
(D) If a manufactured home, mobilehome, or multi-unit manufactured
housing is sold to a city, county, city and county, or any other public
agency, enter the abbreviation "GOVT".
(13) DATE OF TRANSFER: Enter the date the unit was transferred
to the dealer, contractor, or city, county, city and county, or public
agency.
(14) DEALER ADDRESS: Enter the address of the dealer, contractor,
or city, county, city and county, or pubUc agency.
(15) INVENTORY CREDITOR NAME: Enter the name of the inven-
tory credit or. if none, this line shall be left blank.
(16) INVENTORY CREDITOR ADDRESS: Enter the address of the
inventory creditor, if any.
( 17) SECTION: Enter the sequential number for each transportable
section listed on the Manufacturer Certificate of Origin, beginning with
the number 1 .
(18) MANUFACTURER SERIAL NUMBER: Enter the complete se-
rial number assigned and affixed to each transportable section.
(19) HCD INSIGNIA OR HUD LABEL NUMBER: Enter the com-
plete HCD Insignia or HUD label number assigned and affixed to each
transportable section.
(A) If a unit is sold to the federal government for use on federal land
and does not have a HUD label or HCD insignia, the manufacturer shall
designate each section with the term "federal" followed by a consecutive
number, beginning with one, until each section is designated. Designa-
tions will read "federal 1" for the first section, "federal 2" for the second
section, and so forth. The manufacturer shall note the designation for
each section in the corresponding HUD label number box or HCD insig-
nia box on the MCO.
(20) LENGTH (Inches): Enter the length, in inches, of each transport-
able section.
(2 1 ) WIDTH (Inches): Enter the width, in inches, of each transportable
section.
(22) WEIGHT (Pounds): Enter the weight, in pounds, of each trans-
portable section.
(23) TRANSPORTER NAME: Enter the name of the transporter.
(24) TRANSPORTER ADDRESS: Enter the address of the transport-
er.
(25) DESTINATION FOR UNIT DESCRIBED ABOVE: Enter the
name of the party and the address to which the unit(s) is being delivered.
(26) CERTIFICATION: An authorized agent of the manufacturer
must complete and sign certifying to the facts entered on the Manufactur-
er Certificate of Origin.
(g) Instructions for entering information on side two of the MCO, used
to secure and release security interests in the unit, are as follows:
( 1 ) Release of Security Interest: This designated area is completed by
the inventory creditor to release its security interest by completing the
following:
(A) the name of the inventory creditor;
(B) the signature of the authorized agent thereof; and
(C) the date of release of the inventory creditor's interest.
(2) First Assignment: This designated area is completed by a dealer
who sells or otherwise transfers interest in the unit to another dealer.
(3) Second Assignment: This designated area is completed by a subse-
quent dealer who sells or otherwise transfers interest in the unit to another
dealer.
(h) A manufacturer shall not be required to use an MCO for a manufac-
tured home, mobilehome, or commercial coach manufactured prior to
July 1 . 1984, if a certificate of origin exists that was designed by the man-
ufacturer and issued at the time the unit was completed and released.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Section 18093, Health and Safety Code.
History
]. New article 6 (sections 5560-5561) and section filed 12-31-97-. operative
1-1-98 pursuant to Government Code section 1 1343. 4(d) (Register 98. No. 1).
§ 5561 . How to Correct an Error and/or Prepare a Duplicate
Replacement Manufacturer Certificate of
Origin.
(a) In order to correct an error discovered on a completed, but undis-
tributed, form HCD 483.0, the manufacturer shall make and initial the
correction on each copy of the MCO.
(b) The manufacturer shall complete a replacement form HCD 483.0
when:
Page 260.22
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
^ 5575
( 1 ) a concciion lo a forin HCI) 483.0 cannot be made on each copy ol'
(he form:
(2) an original MCO has been lost;
(2) an original MCO is voided by the manufactLirer due to errors; or .
(3) an original MCO has been distributed and subsequently found to
contain errors.
(c) In the right-hand corner of a blank form HCD 483.0, the manufac-
turer shall line through the preprinted number, check the box indicating
duplicate MCO. and enter the number of the lost, voided, or incorrect
MCO on the blank line. The form shall then be completed in its entirety.
(d) Copy I (white) of the newly-completed MCO shall be completed
and submitted to the department with a written statement explaining why
the replacement or duplicate MCO was required.
(e) All other copies of the newly-completed MCO shall be distributed
to the original persons or entities who received the incorrect MCO.
NOTh: AiKhoriiy cilcd: Sections l8()i.S and ]H()7.S. Health and Safely Code. Ref-
erence: Section 18(W,^\ Health and Safely Code.
History
I . New section Hied l2-.^1-97: operative 1-1-98 pursuanl lo Government Code
section I 134.^.4(d) (Reeister98. No. 1 ).
Article 7. Dealer Sale Requirements
§ 5570. Dealer Escrow Responsibilities.
(a) A dealer shall open an escrow account for all sales transactions in-
volving a manufactured home, mobilehome, or multi-unit manufactured
housing, as specified in Section 1 8035 or 1 803,5.2 of the Health and Safe-
ly Code. A dealer may authorize the escrow agent to act on its behalf to
register and title the unit; however, the dealer remains responsible for the
acts or omissions of its agent.
(b) In the event that the escrow agent submits an incomplete and/or un-
timely application tor registration, the dealer shall be solely responsible
for payment o\' administrative service fees, as specified in Section
1 8 i 23.5 of the Health and Safety Code, and any penalties which accrue
due to the late reporting, as specified in Sections 181 I4and ]81l6ofthe
Health and Safety Code, and subsection 5660(c) of this chapter.
NOTE: Aiiihoriiv cited: Sections 1801.^ and 18075. Health and Safety Code. Ref-
erence: Sections 18035, 18035.2, 18059, 18080.5, 18114, 18116 and 18123.5,
Health and Safety Code.
History
I. New article 7 (sections 557(M579) and section filed 12-31-97; operative
1-1-98 pursuanl to Government Code section J 1343.4(d) (Register 98. No. 1 ).
§ 5571 . Notification of Escrow Opening and Establishment
of a 120-Day Moratorium on the Title Record.
(a) The escrow agent shall submit a notification of escrow opening to
(he department within three working days of receipt of:
(ha notification from a dealer that the seller of a used manufactured
home, mobilehome, or multi-unit manufactured housing has accepted an
offer to purchase or lease with an option to purchase, and
(2) inutually-endorsed escrow instrucUons.
(b) The notification of escrow opening shall be signed under penalty
of perjury by the escrow agent, and shall contain the following informa-
tion:
( 1 ) the unil(s) identifying information;
(2) the escrow identifying information; and
(3) the date escrow opened.
(c) Payment of the Escrow Opening Fee required by subsection
5660(j) shall be submitted with the notification of escrow opening.
(d) Once the notification of escrow opening and payment of the Es-
crow Opening Fee has been received, the department shall place a
120-day moratorium on the permanent title record of the identified unit,
during which titne no changes to the permanent titling record can occur,
until the escrow has either been closed or canceled.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18035(d)(2) and 18100.5(b), Health and Safety Code.
HisrokY
1. New section filed 12-31-97; operative 1-1-98 pursuant lo Governincnl CikIc
section 1 1343.4(d) (Register 98. No. 1 ).
§ 5572. Extension of the 120-Day Escrow Moratorium.
(a) To extend a 120-day moratorium recorded on the permanent title
record of a used manufactured home, mobilehome, or multi-unit man-
ufactured housing, the escrow agent shall submit the following items lo
the department:
(1) A written request to extend the 120-day escrow moratorium,
which stales thai the escrow agent has ihe mutual consent in writing of
all parties to the escrow to such an extension.
(2) A photocopy of the letter sent by the department to the escrow
agent, acknowledging receipt of the notification of escrow opening.
(3) If the original 1 20-day moratoriuiTi has expired, payment of the Es-
crow Opening Fee required by subsection 5660(J).
NOTE: Authority cited: Sections 18015 and 18075, Health and Safely Code. Ref-
erence: Sections 18035(g) and 18100.5(b). Health and Safety Code.'
History
1. New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
.section 1 1 343.4(d) (Regi.ster 98. No. I ).
§ 5573. Notification of Escrow Closing.
(a) When the sale or lease with an option to purchase of a used man-
ufactured home, mobilehoirie. or iTiulti-unii manufactured housing is
completed and escrow has clo.sed, the application for regislratit)n shall
include a notification completed by the escrow agent that the escrou has
closed.
(b) The notification of escrow closing shall be signed under penalty of
perjury by the escrow agent, and shall contain Ihe following information:
( 1 ) the unit(s) identifying information;
(2) the escrow identifying information; and
(3) the date escrow closed.
NOTE: Authority cited: Sections 18015 and 18075. Health and Safetv Code. Ref-
erence: Sections I8()35(d)(2) and 18l00.5(b)( 1 ). Health and Safely Code.
History
1. New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1 ).
§ 5574. Notification of Escrow Cancellation.
(a) When the escrow has been canceled on the sale or lea.se with an op-
tion to purchase of a used manufactured home, mobiiehoiTie, t)r multi-
unit manufactured housing, the escrow agent shall submit a noiificaiion
of escrow cancellafion to the department, signed under penalty of perjury
by the escrow agent, which contains the following information:
( 1) the unit(s) identifying inforination;
(2) the escrow idenfifying informafion; and
(3) the date escrow was canceled.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections ]803.'>(d)(2) and 18l()0.5(b)( I ), Health and Sateiy Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant loGovemmenl Code
section 11343.4(d) (Register 98, No. 1).
§ 5575. Report of Sale or Lease Requirements.
(a) Upon being first licensed by the departinent, and thereafier at ihe
request of a dealer, the deparl:ment shall provide to the dealer one or more
Report of Sale Books, appropriate to the types of units which the dealer
is licensed to sell. The Report ol" Sale Books remain state property.
(b) A Report of Sale Book contains sequentially numbered forms, par-
ticular to one of three types of units:
( 1 ) form HCD 480.1 (Rev. 05/07). Dealer Report of Sale or Lease for
a New Manufactured Home or Multi-unit Manufactured Housing, as
provided by the department.
(2) form HCD 480.2 (10/02). Dealer Report of Sale or Lease for a New
Commercial Modular, as provided by the depariineni.
(3) form HCD 480.3 (Rev. 05/07), Dealer Report of Sale or Lea.se for
a Used Manufactured Home, Used Mobilehome, Used Multi-unit Man-
ufactured Housing, or Used Commercial Modular, as provided by the de-
partment.
(c) Within lOcalendardaysof the date of sale, rental, lease, lease with
opfion to buy, or other transfer of a iTianufactured hoine, mobilehome.
Page 260.23
Register 2007, No. 27; 7-6-2007
§5576
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
miilti-Linil manufactured housing, or commercial modular, ihe dealer
shall complete and submit to the department the applicable Report olSale
or Lease form, providing all information required by the form on the des-
ignated line(s) or in the designated areas, including:
( 1 ) payment of the Dealer Report of Sale Filing Fee specified in sub-
section 5040(j), Title 25, Division 1, Chapter 4: "
(2) the signature of the dealer or its agent; and
(3) the signature of the registered owner(s), except as provided in sub-
section (A), below.
(A) For a unit purchased by a federal entity, the dealer shall submit a
copy of the purchase contract signed by the federal entity, in lieu of the
signature of the agent of the federal entity.
(4) legal owner identifying information, if any.
(5) junior lienholder identifying information, if any.
(d) Report of Sale or Lease form HCD 480. 1 for a new manufactured
home or multi-unit manufactured housing and Report of Sale or Lease
form HCD 480.3 for a used manufactured home, mobilehome, multi-
unit manufactured housing, or commercial modular, have four-pressure
sensitive copies, which the dealer shall distribute as follows:
(1) the original signature copy to the department, along with the re-
quired documents to record the transfer and the appropriate fees, within
10 calendar days from the date of sale, lease, or other transfer;
(2) copy two to the transferee (registered owner);
(3) except as indicated in subsection (5) below, copy three to the asses-
sor's office in the county where the unit is located, within 10 calendar
days from the date of sale, lease or other transfer; and
(4) copy four (the "Book Copy") to be retained by the dealer in the Re-
port of Sale Book.
(5) In a transaction involving a used commercial modular, there is no
need to provide a copy of the Report of Sale or Lease form to the county
as.sessor"s office. The dealer may destroy the assessor's copy of form
HCD 480.3.
(e) Report of Sale or Lease form HCD 480.2 for a new commercial
modular has three-pressure sensitive copies, and is distributed the same
as in subsections (e)(1), (2), and (4), above.
(f) The dealer shall release interest on the titling document on the line
indicated as the "release of interest" for the dealer, or shall submit a bill
of sale releasing interest to the registered owner(s).
(g) Payment of Administrative Service Fees as specified in Section
18123.5 of the Health and Safety Code, when applicable.
(h) Payment of the Manufactured Home Recovery Fund Fee as speci-
fied in subsection 5660(s).
(i) The Report of Sale or Lease forms HCD 480.1, HCD 480.2. and
HCD 480.3 shall contain the dealer license number, original sale or lease
price, installation foundation type, length, width, weight and the certifi-
cation that all statements are true and correct.
(1) Forms HCD 480.2 and HCD 480.3 shall contain the Occupancy
Group.
Noi'E: Authority cited: Sections 1 8015 and 1 8075, Health and Safety Code. Ref-
erence: Sections 18012.3, 18035.26, 18054(b) and (d). 18070.1(c). 18080.5 and
18123.5. Health and Safety Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Govemmeni Code
section 1 1343.4(d) (Register 98, No. 1 ).
2. New subsection (h) (replacing previously withdrawn subsection (h)) filed
4-1-98; operative 4-1-98 pursuant to Government Code section 1 1.^43.4(d)
(Register 98, No. 14).
3. Change without regulatory effect amending section (including removal of
forms) filed 1 1-7-2002 pursuant to section 100, title 1, California Code of Reg-
ulations (Register 2002, No. 45).
4. Change without regulatory effect amending subsections (b)(l)-(c), (d).
(d)(5)-(e) and (h) and amending Note filed 7-6-2007 pursuant to section 100.
title 1, California Code of Regulations (Register 2007. No. 27).
§ 5576. How to Report a Voided or Lost Report of Sale or
Lease Form.
(a) If the dealer discovers an error on a Report of Sale or Lease form
prior to the distribution of the forms, the dealer shall mark "void" on all
copies of the form.
(b) All copies of the voided form shall be submitted to the depart-
ment's Occupational Licensing Secuon, P.O. Box 31, Sacramento, CA
95812-0031, except for the dealer's copy or "Book Copy", which shall
be retained in the dealer's Report of Sale Book.
(c) If the dealer loses the department's copy of a completed Report of
Sale or Lease form prior to its submission to the department, the dealer
shall:
( 1 ) prepare another Report oi' Sale or Lease form, indicating at the top
of the form, "in lieu of the report q\' sale # "; and
(2) submit to the department:
(A) the original signature copy of the second Report of Sale or Lease
form and
(B) the transferee copy of the original Report of Sale or Lease form or
a statement under penalty of perjury explaining why the transferee copy
is unavailable.
NotE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Section 18080.5. Health and Safety Code.
History
i . New section tiled 12-31-97; operative 1-1-98 pursuant to Govemmeni Code
section 1 1 343.4(d) (Register 98. No. 1 ).
§ 5577. How to Correct Reporting the Wrong Unit as
Having Been Sold.
(a) If a dealer submitted a Report of Sale or Lease which incorrectly
identified a unit or units, the dealer shall promptly complete and submit
to the department:
( 1 ) The application for registration of the correct unit(s);
(2) A statement under penalty of perjury which contains the following
information:
( A ) the number of the Report of Sale or Lease form on which the incor-
rect information was submitted to the department;
(B) the date the Report of Sale or Lease form was transmitted to the
department;
(C) the incorrect and the correct unit(s) identifying information;
(D) the registered owner(s) name; and
(E) the legal owner name.
(3) Payment of fees:
(A) Any fees submitted with the original application which were paid
pursuant to Sections 181 14. 181 15. or 181 16 of the Health and Safety
Code that are not due shall be subject to refund.
(B) The dealer shall pay the Administrative Service Fee, if any, re-
quired by Section 1 8 1 23.5 of the Health and Safety Code. Forthe purpose
of this subsection, the delinquency of the corrected application shall be
determined by calculating the number of days from the date of submis-
sion of the original completed application to the date of submission of the
corrected completed application.
(C) The Dealer Report of Sale Filing Fee, as specified by subsection
5040(j), Title 25, Division 1 , Chapter 4, shall not be required to be sub-
mitted with the application for the correct unit(s).
(b) If tiding documents have already been issued by the department for
the incorrect unit(s), in addition to the above requirements, the dealer
must also submit:
(1) the Certificate of Title for the incorrecUy reported unit(s);
(2) the Registration Card(s) for the incorrectly reported unit(s);
(3 ) the decal and year sticker( s) for the incorrectly reported unit(s); and
(4) the fees due as provided in sections 5520, 5521, and 5530, paid by
the dealer and not the transferee.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18080.5, 181 14, 181 15, 181 16 and 18123.5, Health and Safety
Code.
History
I. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
.section 1 1 343.4(d) (Register 98, No. 1 ).
§ 5578.1 . How to Report the Sale or Other Transfer of a
Unit Destined for Out-of-State Delivery.
(a) For units sold which are being delivered out-of-state, the dealer
shall complete and submit to the department:
Page 260.24
Register 2(X)7, No. 27; 7-6-2007
Title 25
Registration and Titling
^ 5581
( 1 ) The appropriate Report of Sale or Lease forni. noting: ""FOR REG-
ISTRATION OUT-OF-STATE*" in capital letters on the form.
(2) A photocopy ofthe original MCO, iftheunit isanew manufactured
home, nuilti-unil manLilactLired housing, or commercial coach.
(3) Payment otthe following fees:
(A) Administrative Service Fees, if applicable, as specified in Section
18123.5 ofthe Health and Safety Code.
(B) payment ofthe Dealer Report of Sale Filing Fee, as required by
subsection 5()40(J). Title 25. Division 1 . Chapter 4.
(C) payment of the fees on used manufactured homes, mobilehonies.
oi' commercial coaches
1 . the Manufactured Home Recovery Fund Fee as specified in subsec-
tion 566()(s);
2. all fees and penalties due and payable pursuant to Sections 18! 14.
1 8 1 1 4. 1 . 18115. and 18116 of the Health and Safety Code.
NOTL. Aiillioritv cited: SeclioiKs 180 1. 'sand 1X075. Health ;ind .Safety Code. Ref-
erence: Sections lH070.1(c). 18()80..S(a) and (b). 181 14. 181 14.1. 181 15. 181 16
and 18123.5. Health and Safely Code.
Histoid Y
1. New section filed 12-31-97; operative 1-1-98 pursuant to Governmenl Code
section 1 1343.4(d) (Register 98. No. 1 ).
2. Amendment filed 4- 1-98; operative 4- 1 -98 pursuant to Governmenl Code sec-
tion lLM3.4(d)(Resiister98. No. 14).
§ 5578.2. How to Report the Sale or Other Transfer of a
Used Unit Located Out-of-State.
(a) When a dealer sells or otherwise transfers interest in a unit that is
located outside the State of California at the time of the sale or transfer,
and requests California registration of that unit, the dealer shall comply
with the requirements of Section 5530 and provide a statement signed un-
der penalty of perjury which includes:
( 1) the unitts) identifying information; and
(2) a statement thai the new registered owner is a California resident
and provides his/her California mailing address; or
(3) a statement that the California title will be used to re-register the
unit in another state.
NOTL: Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sechons' 1 8080.5 and 1 8086, Health and Safety Code.
Hi. STORY
1. New section tiled 12-31-97; operative 1-1-98 pursuant to Goveniment Code
section i i343.4(d) (Kciiister 98. No. I).
§ 5579. How to Report Sales or Transfers Between
Dealers.
(a) When a dealer sells or transfers a new unit to another dealer, the
dealer shown on the form HCD 483.0 ("MCO") in the designated area for
"Name ol' Dealer or Transferee", shall complete the "First Assignment"
area on side two of the MCO. and provide that document to the buying
dealer.
( 1 ) The dealer shown in the "First Assignment" area on the back ofthe
MCO shall complete the "Second Assignment" area on side two ofthe
MCO. if there is a subsequent transfer between dealers.
(2) In lieu of a selling dealer completing the appropriate "First Assign-
ment" or "Second Assignment" area on side two ofthe MCO, the dealer
shall complete and sign a Bill of Sale and provide that document to the
buying dealer.
(b) When a dealer sells or transfers a used unit to another dealer, the
selling dealer may submit a notice oi transfer, as specified in Section
5532.^
NOTE: Authority cited: Sections 18015 and 18075. Health and Safety Code. Rel-
crence: .Sections' 18012.3 and ISlOO-Sia), Health and Safety Code.
History
1. New section tiled 12-31-97; operative 1-1-98 pursuant to Government Code
.section I 1343.4(d) (Register 98. No. 1 ).
Article 8. Perfection and Release of
Security Interests
§ 5580. How to Report a New Legal Owner on a Used Unit.
(a) Within 20 days of acquiring a security interest in a unit, the legal
owner shall submit an application for registration to thedeparimenl to re-
port the interest of the legal owner, which shall include:
( 1 ) The titling document, signed and completed as follows:
(A ) the new legal owner's name and address entered on the designated
line(s) or in the designated area for "Legal Owner", and
(B) the signature(s) of all registered owner(s) on the designated line(s)
or in the designated area for the release of the legal owner: or
(C) a statement signed under penally of perjury by all registered ovmi-
er(s) that provides:
1. the unit(s) identifying information:
2. the registered owner identifying information;
3. the legal owner identifying information: and
4. an acknowledgment that the registered owner(s) are encumbering
hi.s/her/their title to record a lien in favor of the new legal owner.
(2) The last-issued registered owner(s) registration card of the unit.
(3) Payment of the Lien Registration Service Fee specified in subsec-
tion 5660(m).
NotL: Authority cited: Sections 18015 and 18075. Health and Salelv Code. Ref-
erence: Section 18085 and 18100.5. Health and Safety Code.
History
1. New article 8 (.sections 5580-5587) and .section filed 12-31-97: opcraiive
1-1-98 pursuant to Government Code section 1 l.M3.4(d) (Register 98. No. 1 ).
§ 5581 . How to Report the Release of the Legal Owner's
Interest.
(a) Within 20days of satisfaction ofthe legal owner's security interest,
the legal owner shall submit an application for registration to the depart-
ment to report the release of interest ofthe legal owner, which shall in-
clude:
( 1 ) The titling document signed by the legal owner on the designated
line(s) or in the designated area for the release of the legal owner. Or.
(2) A statement signed by the legal owner under penalty ol perjury,
which contains the following information:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the legal owner identifying information; and
(D) a statement that:
1 . the legal owner no longer holds a lien in the name of the registered
owner;
2. that the lien against the described unit has been fully satisfied; and
3. that the lien has not been assigned to any other party. Or.
(3) If an escrow was used for the transaction, a statement of conditional
lien release may be used, which includes:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the legal owner identifying information;
(D) escrow identifying information;
(E) a statement signed under penalty of perjury by the legal owner
which specifies the conditions for satisfying the lien; and
(F) a statement signed under penalty of perjury by the escrow agent
that:
1. all conditions required to .satisfy the lien have been met;
2. the legal owner no longer holds a lien in the name of the registered
owner; and
3. the lien has not been assigned to any other party.
(4) Payment ofthe Lien Registration Service fee specified in subsec-
tion 5660(m).
NOTE: Authority cited: Sections 18015 and 1 8075. Health and Safely Code. Ref-
erence: Sections 18035(d) and 18U)0.5(a). Health and Safety Code.'
Page 260.25
Register 2007, No. 27; 7-6-2007
§ 5582 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
History assignee shall submii an application for registration to the department to
1 . New section filed 12-31-97: operative 1-1-98 pursuant to Govemmeni Code report the assignment, which shall include:
seciion 1 1343.4(d) (Register 98, No. 1). , , . ^u ^-.i" ^ . , . ^ ^m
^ (1) The tithng document, completed as follows:
§ 5582. How to Report the Assignment of the Legal ( a ) the name and address of the new legal owner (assignee) on the des-
Owner s Interest. ignated lines or in the designated area for new legal owner; and
(a) Within 20 days of the assignment of interest by a legal owner, the
[The next page is 260.31 .]
Page 260.26 Register 2007, No. 27; 7-6-2007
Title 25
Registration and Titling
§5586
(B) signed by the legal owner (assignor) on ihe designated lines oi- in
llie designated area lor assignment of legal owner; or
(C) a sialenienl. signed under penally ol' perjury by the assignor, which
includes the I'ollowing information:
1. the unii(s) identifying information:
2. the registered owner identifying information;
3. legal owner identifying information of the assignor;
4. legal owner identifying information of the assignee;
5. the date of assignment; and
6. that the lien in the name of the assignor has been assigned to the as-
signee.
(2) Ifthelillingdocument was issued by DMV or another state, a state-
ment of lien assignment, as specified in subsection (a)( 1 )(C) above, shall
be included.
(3) Paynient o\' the Lien Registration Service Fee specified in subsec-
tion 566()(m).
NOTl.; Aulhority cited: Sections 18015 and 1X075. Health and Safety Code, Ref-
erence: Sections 18100.5 and 18105.5. Health and Safety Code.
History
1 . New section llled 12-31-97: operative 1-1-98 pursuant to Government Code
section 11 343.4(d) (F^egisler 98. No. 1).
§ 5583. How to Report the Retention of the Legal Owner's
Interest.
(a) An application for registration to change the registered owner(s) of
a unit, but which retains the legal owner's security interest in the unit,
shall include:
( 1 ) The titling document signed by the legal owner on the designated
line(s) or in the designated area for the retention of legal owner; or
(2) a statemeiu. signed under penalty of perjury by the legal owner,
which includes:
(A) the unil(s) identifying information;
(B) the registered owner identifying information;
(C) the new registered owner identifying information;
(D) the legal owner identifying information; and
(E) an acknowledgment that the legal owner is retaining the security
interest.
(3) The last-issued registered owner's registration card.
Noi R: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Section 18100.5, Health and Safety Code.
HiSlORY
1 . New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 i.^43.4<d) ([Register 98. No. I ).
§ 5584. How to Report a New Junior Lienholder.
(a) Within 20 days of acquiring a security interest in a unit, the junior
lienholder shall submit an application for registration to the department
to report the interest of the junior lienholder. which shall include:
( 1 ) The last-issued registered owner's Registration Card.
(2) A statement signed under penalty of perjury by all registered own-
er(s) which includes:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder identifying information; and
(D) an acknowledgment that the junior lienholder\s interest is to be se-
cured against his/her/their unit.
(3) Payment of the Lien Registration Service Fee specified in subsec-
tion 5660(m).
(b) In lieu of the last-issued registered owner(s) Registration Card re-
quired by (a)( 1 ) above, an application for Duplicate Registration Card.
as specified in Section 5551. signed by the registered owner(s). shall be
submitted, which includes:
( 1 ) a statement signed under penalty of perjury by the junior lienholder
that provides:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder's identifying information; and
(D) an acknowledgment that the junior lienht)lder is aware that:
1. the original registration card is not being submitted, and
2. the original registration card could be used to secure an additional
lienholder. which could affect his or her junior lienholder's ranking.
(c) The department will assign a rank-order to a junior lienholder.
based upon the date a complete application, including all appropriate
documents and fees, was received by the department.
NOTE: Authority cited: Sections 1801.5 and 18075. Health and Satetv Code. Kel-
erenee: Sections 18005.3. 18080.7. 18085 and 18 100. 5(a). Health and .Salelv
Code.
Histoid
I. New section tiled 12-31-97: operative 1-1-98 pursuant to Goveinmcni Code
section 1 1 .^43.4(d) (Register 98. No. 1 ).
§ 5585. How to Report the Release of a Junior Lienholder's
Interest.
(a) Within 20 days of satisfaction of a junior lien, the junior lienholder
shall submit an application for registration to the department to report the
release of that junior lienholder's security interest, which shall include:
( 1 ) The Junior Lienholder Registration Card issued by the department,
signed by the junior lienholder ou the designated line(s) or in the desig-
nated area to release the junior lienholder's interest; or
(2) a statement signed under penalty of perjury by the junior lienhold-
er. which contains the following information:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder identifying information;
(D) why the Junior Lienholder Registration Card could not be sub-
mitted;
(E) the date of release of the junior lienholder's interest;
(F) that the junior iienholder no longer holds a lien in the name of the
registered owner;
(G) that the lien against the described unit has been fully satisfied; and
(H) thai the lien has not been assigned to any other parly.
(3) Payment of the Lien Registration Service fee as specified in sub-
section 5660(m).
Note: Authority cited: Sections 18015 and 1 8075, Health and Safety Code. Ref-
erence: Sections 18035(d) and 18100.5(a). Health and Safety Code.'
History
1 . New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1 ).
§ 5586. Reporting the Assignment of Security Interest of
the Junior Lienholder.
(a) Within 20 days of the assign inent of interest by a junior lienholder.
the assignee shall submit an application for registration to the depart irient
to report the assignment, which shall include:
(1) The Junior Lienholder Registration Card, completed as follows:
(A) the name and address of the new junior lienholder (assignee) on
the designated line(s) or in the designated area for the new junior lien-
holder; and
(B) signed by the junior lienholder (assignor) on the designated line(s)
or in the designated area for assignment of junior lienholder. Or.
(2) A statement, signed under penalty of perjury by the assignor, which
includes the following information:
(A) the unit(s) identifying information;
(B) the registered owner identifying information;
(C) the junior lienholder identifying information of the assignor:
(D) the junior lienholder identifying information of the assignee;
(E) the date of assignment;
(F) why the Junior Lienholder Registration Card could not be sub-
mitted; and
(G) that the junior lien in the name of the assignor has been assigned
to the assignee.
(3) Payment of the Lien Registration Service Fee as specified in sub-
section 5660(m).
Note; Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 1 8 1 00.5 and 1 8 1 05.5, Health and Safety Code.
Page 260.31
Register 98, No. 14; 4-3-98
§ 5587
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1, New section filed 12-31-97; operative 1-1-98 piirsLiant to Government Code
seetion 1 1343.4(d) (Register 98, No. 1 ).
§ 5587. Reporting the Retention of Interest of a Junior
Lienholder.
(a) An application tor registi'alion lo change the registei'ed owner(s) of
a unit, but which retains the junior lienhoider's security interest in the
unit, shall include:
(1) The Junior Lienhoider's Registration Card, signed by the junior
lienholder on the designated line(s) or in the designated area for retention
of that junior lienholder: or.
(2) A statement signed under penalty of perjury by the junior lienhold-
er, which includes:
(A) the unil(s) identifying information;
(B) the registered owner(s) name(s) and mailing address(es);
(C) the new registered owner(s) name(s) and mailing address(es);
(D) the junior Uenholder's name and mailitig address;
(E) why the Junior Lienholder Registration Card could not be sub-
mitted; and
I F) an acl<nowiedgment that the junior lienholder is retaining the secu-
rity interest.
Note;: Authority cited: Sections 1801.S and 18075, Health and Safety Code. Ref-
erence: Section 18100.5. Health and Safety Code.
History
1 . New section tiled 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 1 ).
Article 9. Foreclosures, Repossessions,
Abandonments, Warehouseman's Liens,
and Other Involuntary Transfers
§ 5590. How to Report a New Unit Repossessed from a
Dealer's Inventory.
(a) Within 20 calendar days after repossession of a new unit from a
dealers inventory, the repossessing creditor shall submit an application
for registration to the department which shall include:
(DA statement signed under penalty of perjury by the repossessing
creditor which shall include:
(A) the unit identifying information;
(B) the name and address of the repossessing creditor;
(C) the date of the security agreement;
(D) the name and address of the defaulting party;
(E) the name and address of the public or private sale buyer;
(F) the date of sale to the public or private sale buyer; and
(G) that the described unit has been repossessed and the collateral dis-
posed of in accordance with the provisions of the security agreement or
conditional sale contract, applicable law, and Division 9 (commencing
with section 9101 ) of the Commercial Code.
(2) Form BCD 483.0, Manufacturer's Certificate of Origin, version
dated 7/97, signed on side two in the space designated for the "Release
of Security Interest" by the same inventory creditor or lienholder shown
on side one as the "Inventory Creditor."
(3) Tlie security agreement, as defined in subdivision (/) of Section
9105 of the Commercial Code, if the repossessing creditor is not shown
on the form HCD 483.0 (MCO) as the inventory creditor of the unit.
(4) A registration information docurnent, as specified in Section 5541 ,
completed and signed by;
(A) the repossessing creditor; or
(B) the public or private sale buyer identified in the repossessing credi-
tor's statement required by (a)(1)(E). above.
(5) Payment of:
(A) the Foreclosure/Repossession Fee specified in subsection
5660(d);
(B) the Foreclosure/Repossession Penalty, if required, specified in
subsection 5660(e);
(C) the Lien Registration Service Fee specified in subsection 5660(m)
for any lienholder added to the title record;
(D) use tax. if any party other than the repossessing creditor is reported
as the new registered owner, as required by section 5667; and
(E) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s):
(F) all lees and penalties due and payable pursuant to Sections 181 14.
1 8 11 4. 1 - 1 8 1 1 5. and 1 8 1 1 6 of the Health and Safety Code.
NOTL: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18037.5. 18070.1(c). 18100.5(d). 18114. 18114.1'. 18115 and
18116. Health and Safety Code.
History
1. New ailicic 9 (sections 5590-5597) and section filed 12-31-97; operative
1-1-98 pursuant to Government Code section 1 1343.4(d) (Register 98. No. 1).
2. New suhsection (a)(5)(E), relettering and amendment of former subsection
(a)(5)(F) to new suhsection (a)(5)(F). and incorporation and amendment of for-
mer subsections (a)(5)(H)l .-5. into new suhsection (a)(5)(F) tiled 4-1-98: op-
erative 4-1-98 pursuant lo Government Code section 1 1343.4(d) (Register 98.
No. 14).
§ 5591. How to Report a Used Unit Acquired Through
Foreclosure or Repossession.
(a) Within 20 calendar days after foreclosure or repossession of a used
unit by a legal owner or junior lienholder, the foreclosing or repossessing
party shall submit an application for registration to the department which
shall include:
( 1 ) A statement signed under penalty of perjury by the foreclosing or
repossessing creditor which shall include:
(A) the unit identifying information;
(B) the name and address of the foreclosing or repossessing creditor;
(C) the date of the security agreeinent;
(D) the name and address of the defaulting party;
(E) the name and address of the public or private sale buyer;
(F) the date of sale to the public or private sale buyer; and one of the
following:
(G ) if the unit is a commercial coach, that the unit was repossessed and
the collateral disposed of in accordance with the provisions of the securi-
ty agreement or conditional sale contract, applicable law. and Division
9 (commencing with section 9101) of the Commercial Code; or
(H) if the unit is not a commercial coach:
1 . that the fair market value of the unit was $ 1 ,000 or more at the time
the security interest was created; and
2. that the Notices of Default, BeUef of Abandonment. Sale, and/or
Distribution of Proceeds, were executed in the manner prescribed by Sec-
tion 18037.5 of the Health and Safety Code; or
(1) if the unit is a manufactured home, mobilehome, multi-unit inan-
ufactured housing and the loan for the unit is part of a real property loan:
1 . that the loan for the named defaulting party and the described unit
includes the real property on which the unit is installed; and
2. the Nodces of Default, Sale, and Distribution of Proceeds were ex-
ecuted in conformance with Section 18039.1 of the Health and Safety
Code; or
(J) if the unit was located out of state and the foreclosure or reposses-
sion took place out of state:
1 . the state in which the foreclosure or repossession took place; and
2. that the applicable laws pertaining to foreclosure or repossession in
that jurisdiction were followed.
(2) The titling document, endorsed as specified in Sections 5580.
5581 . and 5533. with the releasing signature of the legal owner.
(3) A copy of the security agreement, as defined in subdivision (/) of
Section 9 105 of the Commercial Code, if the foreclosing or repossessing
lienholder is not recorded on the permanent title of the unit.
(4) If the foreclosing or repossessing creditor is a junior lienholder,
that party's Junior Lienholder's Registration Card and that of any superi-
or junior lienholder, endorsed as specified in Sections 5584 and 5585,
with the releasing signature of the junior lienholder(s).
Page 260.32
Register 98, No. 14; 4-3-5
Title 25
Registration and Titling
§ 5594
(5) Tax cicamncc ecrlilicalc orcondilional lax clearance certiricate as
required by section 5547.1.
(6) Paymenl ol':
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection
566()(c);
(C) the Foreclosure/Repossession Fee specified in subsection
566()(d);
(0) the Foreclosure/Repossession Penalty, if required, specified in
subsection 566()(e):
(E) the Lien Registration Service Fee specified in subsection 5660(iti)
lor each lienholder added, deleted, or changed;
(F) use tax, if a party other than the foreclosing or repossessing creditor
is reported as the new registered owner, as specified in section 5667; and
(G) the Manufactured Home Recovery Fund Fee as specified in sub-
section 566()(s);
(F) all lees and penalties due and payable pursuant to Sections 181 14,
1 8 1 1 4. 1 , 18115. and 18116 of the Health and Safely Code.
Noil.: AuihoriiN ciled: Sections iX()]5 and i807.'i, HcaKhand Safety Code. Ref-
erence: Section IH0.'^7.5. 180.'^9,l. 18()7().l(c). 18100.5(d), 18114, 18114.1,
18115 and 181 16. Health and Safely Code.
History
1. New secti(ni filed 12-31-97; operative 1-1-98 pursuant to Government Code
seciion I 1.343.4(d) (Register 98, No. I ).
2. Amendment filed 4- 1-98; operative 4- 1 -98 pursuant to Government Code sec-
tion I 1343.4(d) (Register 98, No. 14).
i^ 5592. How to Report a Unit Acquired at a Public Sale
Authorized by a Governmental Entity.
(a) Wiihin 20 calendar days after acquiring a unit at a public sale autho-
rized by the Office of the State Controller or by an agency of the federal
government, the acquiring party shall submit an application for registra-
tion which shall include:
( 1 ) The Certificate of Sale or other document evidencing the sale, is-
sued by the State Controller's Office, the United States Government, or
an agency thereoi'.
(A) If the name stated on the Certificate of Sale or other document evi-
dencing the sale as the person from whom the unit was seized or forfeited
is different than the name of the registered owner recorded on the perma-
nent title record, a chain of ownership is required.
(2 ) The titling document, with the releasing signature of the legal ovv-n-
er, if any, recorded on the permanent title record; or
(-3) The last-issued registered owner's registration card, if available.
(4) The Junior Lienholder Registration Card(s), if any, with the releas-
ing signature(s) of any junior lienholder(s) recorded on the permanent
title record.
(5) Tax clearance certificate or conditional tax clearance certificate as
required by section 5547.1 .
(6) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection
566()(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m)
for each lienholder added, deleted, or changed;
(D) use tax, as required by .section 5667; and
(E) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(F) all fees and penalties due and payable pursuant to Secfions 18114,
1 8 1 14. 1 , 1 8 1 1 5, and 1 8 1 1 6 of the Health and Safety Code.
NOTl;; Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: .Sections 18100.5(d). 18070. 1(c), 18114. 18114.1, 18115 and 18116,
Health and Safety Code.
History
1. New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 L343.4(d) (Register 98, No. 1).
2. New subsection (a)(5)(E), relettering and amendment of former subsection
(a)(5)(F) to new subsection (a)(5)(F), and incorporation and amendment of for-
mer subsections (a)(5)(E)]. -5. into new subsection (a)(5)(F) filed 4-1-98; op-
erative 4-1-98 pursuant to Government Code section 1 1343.4(d) (RcuistiM 98.
No. 14).
§ 5593. How to Report a Unit Acquired Through a Court
Judgment.
(a) Within 20 calendar days after acquiring a unit as a result of a court
judgment, the acquiring party shall submit an application for registration
to the department which shall include:
( 1 ) A certified copy of the filed judgment or court order which directs
the disposition of the unit.
(A) if the court judgment does not contain a complete description of
the unit, the application shall include a statement signed under penalty
of perjury by the applicant which includes:
1. the unit identifying information.
2. that the unit awarded in the court order is the unit described in the
application subinitted to the department.
(2) The titling document, with a release signed by each party ov entity
recorded on the permanent title who is not a party to the judgment.
(3) The last-issued registered owner's registration card, if a\ailablc.
(4) Tax clearance certificate orcondilional tax clearance ceriificate as
required by section 5547.1.
(5) Payment of;
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Penalty Fee, if required, specified in subsection
5660(cj;
(C) the Lien Registration Service Fee specified in subsection 566()(m)
for each lienholder added, deleted, or changed; and
(D) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(E) all fees and penalties due and payable pursuant to Sections 181 14.
181 14.1, 18115, and 181 16 of the Health and Safety Code.
(b) At least 61 calendar days after the judgment was filed, the applicant
shall submit:
( 1 ) a certification by the clerk of the court, dated at least 61 calendar
days after the date judgment was filed, which states that no appeal from
the judgiTient has been filed, and that the time for filing an appeal has now
elapsed; or
(2) a statement signed under penalty of perjury by the applicant, ex-
ecuted at least 61 days after the date the judgment was filed, which in-
cludes:
(A) the unit identifying information; and
(B) that no appeal from the judgment has been filed or mt)tion for neu
trial has been granted.
Note. Authority cited: Sections 18015 and 18075, Health and Safely Code. Ref-
erence: Sections 181()0.5(d), I8()70.1(c), 18114. 18114.1. 18115 and 18116.
Health and Safety Code.
HiSIOKY
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1.343.4(d) (Register 98. No. 1).
2. New subsection (a)(5)(D), relettering and amendment of former subsection
(a)(5)(D) 10 new subsection (a)(5)(E), and incorporation and amendment o[i\n-
mer subsections (a)(5)(D)l. -5. into new subsection (a)(5)(E) filed 4-1-98: op-
erative 4-1-98 pursuant to Government Code .section 1 1 343.4(d) (RceisiL-r 98,
No. 14).
§ 5594. How to Report a Unit Acquired at an Attachment
Sale.
(a) Within 20 calendar days after acquiring a unit at an attachment sale,
the acquiring party shall submit an application for registration which
shall include:
( 1 ) The titling document, with the releasing signature of the legal own-
er, if any.
(2) The Junior Lienholder Registration Card(s), if any, with the releas-
ing signature of the junior lienholder(s).
(3) The Certificate of Sale issued by the levying Officer which shall
include:
(A) the unit identifying information; and
(B) the names and addres.ses of the purchaser, the plaintiff/judgment
creditor, and the defendant/judgment debtor.
Page 260.33
Register 98, No. 14; 4-3-98
§ 5595
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
I . lithe name of the derendant/JLidgmenl debtor is not the same as the
name of the registered owner reeorded on the permanent title reeord, a
ehain of ownership shall be submitted.
(4) The last-issued registered owner's registration card, if available.
{5 ) Tax clearance certificate or conditional lax clearance certificate as
required by section 5347. 1 .
(6) Payment of:
(A) the Transfer Fee specified in subsection 3660(b):
iB) the Transfer Penalty Fee. if required, specified in subsection
.S66()(c);
(C) the Lien Registration Service Fee specified in subsection 5660(m)
for each lienholder added, deleted, or changed;
(D) use tax, as required by section 5667; and
(E) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s),
(F) all fees and penalties due and payable pursuant to Sections 18114,
1 8 II 4. 1 , 1 8 1 1 5, and 1 8 1 1 6 of the Health and Safety Code.
NOTE: Authority cited: Sections 1801. Sand 18075, Health and Safely Code. Ref-
erence: Sections 18100.5(d). 18070.1(c), 18114, 18114.1, 18115 and 18116,
Health and Safety Code.
History
1. New section t"\led 12-.^l-97; operative 1-1-98 pursuant to Government Code
section 11. ^43.4(d) (Register 98, No. 1).
2. New subsection (a)(5)(E), relettering and amendment of former subsection
(a)(5)(E) to new subsection (a)(5)(F). and incorporation and amendmeni of for-
mer subsections (a)(5)(E)l -5. into new subsection (a)(5)(E) tiled 4-1-98; op-
erative 4-1-98 pursuant to Government Code section 1 1 343.4(d) (Register 98,
No. 14).
§ 5595. How to File a Judgment Lien on a Manufactured
Home, Mobllehome, or Multi-Unit
Manufactured Housing.
(a) The department shall record a judgment lien against a manufac-
tured hoine, mobilehome, or multi-unit manufactured housing in favor
of a mobilehome park owner upon submittal of:
( 1 ) A certified copy of:
(A) the money judgment filed in favor of the mobilehome park against
all registered owner(s) of the unit for unpaid rent; or
(B) the abstract of the money judgment.
(C) The money judgment or abstract shall be accepted after the follow-
ing appeal time periods have elapsed, without an appeal having been
filed:
1 . 1 80 days from the date the judgment was rendered and filed with the
court; or
2. 61 days since the Notice of Entry of Judgment was mailed to the
judgment debtor, as evidenced by a filed Proof of Service.
(2) A chain of ownership, if the judgment debtor is not the registered
owner of record.
(.3) A statement signed under penalty of perjury by the mobilehome
park owner which includes:
(A) the unit identifying information;
(B) that the mobilehome park has not received any notice that an ap-
peal has been filed against the money judgment.
(4) A registration information document, as specified in subsection
5541(b), which includes:
(A) if there is no legal owner recorded on the permanent title record,
the naine and address of the mobilehome park entered in the area desig-
nated for the "Legal owner;'" or
(B) if there is a legal owner recorded on the permanent title record, the
name and address of the mobilehome park entered in the area designated
for r.he "Junior lienholder."
(5) Payment of:
(A) the Lien Registration Service Fee specified in subsection
5660(m);
(B) applicable fees and penalties specified in Sections 18114.
18114.1. 181 15, and 181 16 of the Health and Safety Code.
NOTE; Authority cited: Sections 1 801 5 and 1 8075, Health and Safety Code. Ref-
erence: Sections 18080.9, 18114, 18114.1, 18115 and 18116, Health and Safety
Code.
History
1. New section Hied 12-31-97: operative 1-1-98 pursuant to Government Code
section I 1 .343.4(d) (Register 98. No. 1 ).
§ 5596. How to Report a Unit Acquired at a Public Sale of
an Abandoned Manufactured Home,
Mobilehome, or Multi-Unit Manufactured
Housing Located in a Mobilehome Park.
(a) Within 20 calendar days after acquiring an abandoned manufac-
tured home, mobilehome, or multi-unit manufactured housing located in
a mobilehome park at a public sale, the acquiring party shall submit an
application for registration to the department which shall include:
(DA statement signed under penalty of perjury by the mobilehome
park owner, which shall include:
(A) the unit identifying information;
(B) the names and addresses of the judgment creditor (the mobilehome
park) and the judgment debior(s) (the registered owner(s));
(C) the situs address of the unit;
(D) the name and address of the public sale buyer(s);
(E) the date of the pubic sale;
(F) that the mobilehoine park/judgment creditor has complied with all
the terms and conditions outlined in the Civil Code and Code of Civil Pro-
cedures for the sale of the unit; and
(2) A certified copy of the judgment of abandonment issued against the
unit by a court of competent jurisdiction.
(3) If the new registered owner is different than the public sale buyer,
a Bill of Sale from the public sale buyer to the new registered owner.
(4) A registration information document, as specified in subsection
5541(b). coinpleted and signed by the public sale buyer.
(5) Tax clearance certificate or conditional tax clearance certificate as
required by section 5547.1.
(6) Payment of:
(A) the Transfer Fee specified in subsection 5660(b);
(B) the Transfer Fee Penalty, if required, specified in subsection
5660(c);
(C) the Lien Registration Service Fee specified in subsection 5660(iti)
for each lienholder added, deleted, or changed;
(D) use tax, as required by section 5667;
I . If the mobilehome park is the public sale buyer, use tax is based on
the value guide in effect at the time of the public sale, or the park may
submit a BTl 1 1 form from the Board of Equalization.
(E) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(F) all fees and penalties due and payable pursuant to Section 181 14,
181 14.1, 181 15. and 18116 of the Health and Safety Code.
NOTE: Authority cited: Sections 1 80L5 and 1 8075, Health and Safetv Code. Ref-
erence: Section 798.61, Civil Code; and Sections 18070.1(c), 18075,5,
18100.5(d), 18114, 18114.1, 18115 and 18116, Health and Safety Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1 343.4(d) (Register 98, No. 1 ).
2. New .subsection (a)(5)(E), relettering and amendment of former subsection
(a)(5)(E) to new subsection (a)(5)(F). and incorporation and amendment olfor-
mer subsections (a)(5)(E)l.-5. into new subsection (a)(5)(F) filed 4-1-98; op-
erative 4-1-98 pursuant to Government Code section 1 1343.4(d) (Reeister 98.
No. 14).
§ 5597. How to Report a Unit Acquired at a
Warehouseman's Lien Sale.
(a) Within 20 calendar days after acquiring a manufactured home, mo-
bilehoine. or multi-unit manufactured housing at a sale held by a mobile-
home park to enforce a warehouseman's lien, the acquiring party shall
submit an application for registration to the department which shall in-
clude:
(1) a statement signed under penalty of perjury by the mobilehome
park owner which shall include:
(A) the unit identifying information;
(B) the name and address of the mobilehome park;
(C) the name and address of each registered owner:
Page 260.34
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
ij5610
(D) the siliis address of the Liiiit;
(E) the legal t)wnef and junior lienholder(s) name(s) and address(es).
if any;
(F) the dale the termination noliee was mailed to the registered own-
er(s).
(G) the name and address ol tlie publie or private sale buyer.
(H) the date of the public or private sale.
(1) that the mobilehome park notified the legal owner and all junior
lienholders (ifany) of the action, in accordance with Section 798.56a of
the Civil Code and Section 7210 of the Commercial Code: and
(J) that all the terms and conditions outlined in the Civil Code and
Commercial Code I'or the sale of the unit have been met.
(2) The titling document.
(3) The last-issued registered owner's registration card, il' available.
(4) If the new registered owner is a dilTerent person than the buyer at
the public or private sale, a Bill of Sale from the buyer to the current own-
er.
(3) Payment ol':
(A) the Transfer Fee specified in subsection .'S66()(b):
(B) the Transfer Fee Penalty, if required, specified in subsection
.5660(0:
(C) the Lien Registration Service Fee specified in subsection 5660(m)
for each lienholder added, deleted, or changed:
(I)) use tax, as required by section .5667:
1 . If the mobilehome park is the public sale buyer, use tax is based on
the value guide in effect at the time of the public sale, or the park may
submit a BTJ I I form from the Board of Equalization. And,
(E) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s):
(F) all fees and penalties due and payable pursuant to Sections 181 14.
1 8 1 1 4. 1 . 1 8 1 1 5. and 1 8 1 1 6 of the Health and Safety Code.
NoTI-: Authority cited: Sections 18015 and 18075, Health and Safelv Code. Ref-
erence: Section 798.56a(e). Civil Code: and Sections lH070.i(c), 18075.5,
I8l0().5(d). 18102.5, 181 14, 181 14.1. 181 15. 181 16and 181 23, Health and Safely
Code.
Hl.STOkY
1. New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
.section I 1343.4(d) (Register 98. No. I ).
2. New subsection (a)(5)(E), relettering and amendment of former subsection
(a)(5)(H) to new subsection (a)(5)(F), and incorporation and amendment of for-
mer sub.sections (a)(5)(E)] .-5. into new subsection (a)(5KF) filed 4-1-98; op-
erative 4-1-98 pursuant to Government Code section 1 1343.4(d) (Register 98,
No. 14).
Article 10. Commercial Coach Seizure and
Sale to Satisfy a Lien in Favor of the State of
California
§ 5600. Requirements to Request a Hearing to Contest the
Existence or Amount of the State Lien.
(a) The registered owner or any person receiving notice from the de-
partment, ol' the department's intention to seize and sell a commercial
coach in order to satisfy alien in favor of the State for nonpayment of reg-
istration fees and/or license fees and corresponding penalties, may re-
quest a hearing to contest the existence or the amount of the lien.
(b) The registered owner or person receiving the notice may only re-
quest a hearing on or before the date stated in the department's notice as
the last day a request for a hearing can be received.
(e) The request for a hearing shall be in written form and shall contain
the following information:
( 1 ) the name and mailing address of the registered owner or person re-
questing the hearing,
(2) the county in which the person or registered owner resides, and
(3) a brief statement giving the grounds for the request.
(d) The request shall be submitted to the department in person or by
mail to PO Box 1407. Sacramento, CA 95812-1407.
(e) The date of receipt shall be the date the written request is recei\ed
by the department, by niail or in person.
(f) Upon receipt of a timely request, the department shall schedule a
hearing and shall provide written notice of the time and place ol the hear-
ing to the person, or registered owner and legal owners, and any other
person who claims to have an interest in the commercial coach. This no-
tice shall be mailed no later than ten days prior to the dale set by the de-
partment for the hearing.
(g) Should the person or registered owner fail to appear at the lime and
place scheduled for the hearing, the department shall dismiss the request
and continue with the seizure and sale process.
(h) All interested parties shall be notified by registered mail of the Di-
rector's decision regarding the findings ol' the hearing, and the depart-
ment shall insure compliance with the findings.
(i) If a lien no longer exists as a result of the decision, the department
will discontinue the seizure and sale process.
{]) The person requesting the hearing or the registered owner shall
have ten days from the date of the notification from the department t)f the
Director's decision pursuant to subsection (h) to submit the fees and/or
penalties thai are stated in the notice to be due and payable if:
(1) The amount of the lien is reduced as a result of the decision, or
(2) the lien is upheld as a result of the hearing.
. (k ) In the event the payment is not made in the time specified in subsec-
tion (j), the department shall continue with the seizure and sale process.
NoTt?.; Authority cited: Sections 18015 and 18075, Health and Safety CxhIc. Ref-
erence: Section 181 16.2, Health and Safety Code.
H I.STORY
1. New article 10 (sections 5600-5601) and section filed 12-31-97; operative
1-1-98 pursuant to Government Code section 1 1.^43. 4(d) (Register 98. No. 1).
§ 5601 . Registration of a Commercial Coach Acquired as a
Result of Seizure and Sale.
(a) In addition to the applicable requirements of Articles 2 and 5 of this
chapter, an application to register a commercial coach purchased as a re-
sult of seizure and sale by ihe department for payment of a Slate lien, shall
comply with the requirements of this section;
(b) The application shall include the titling document, if available.
(c) The applicant shall submit an registration information document as
specified in subsection 5541(b).
(d) The application shall include the last issued registered owner" s reg-
istration card, if available.
(e) The application shall include a bill of sale completed by the depart-
ment and provided to the buyer.
(f) The application shall include all fees due and payable pursuant to
Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety
Code, for the current registration year, if due. All fees due pursuant to
181 16(d) of the Health and Safety code, shall be payable per transport-
able section.
(g) The application shall include payment for the Lien Registration
Service Fee required by subsection 5660(m).
(h) The application shall include payment for the Transfer Fee as re-
quired by subsection 5660(b).
(i) The application shall include payment for the Transfer Penalty Fee
required by subsection 5660(c). when applicable.
Note: Authority cited: Sections 1 801 5 and 1 8075, Health and Safety Code. Ref-
erence: Sections 18100.5(d). 181 14. 18114.1. 181 15 and 18 116. Health and Safety
Code.
History
1. New section filed 12-31-97: operative 1-1-98 pursuant to Govemment Code
section 1 l.'^43.4(d) (Register 98. No. 1 ).
Article 11. Foundation Systems
§ 5610. How to Report the Installation of a New Unit onto a
Foundation System.
(a) Within 20 calendar days after the date of sale of a new manufac-
tured home. iTiobilehome, multi-unit manufactured housing, orcommer-
Page 260.35
Register 98, No. 14; 4-3-98
§5611
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
cial coach which has been installed on a foundation system in compMance
with the requirements of Section 18551 of the Health and Safety Code,
the licensed California general building contractor, city, county, or pub-
lic agency which purchased the unit directly from a manufacturer, shall
submit an application to the department which includes:
( 1 ) The original copy oi' form HCD 483.0, Manufacturer Certificate of
Origin ("MCO"). version dated 7/97, completed as follows:
I A) signed by the inventory creditor or lienholder, if any, to release its
security interest; and
(B) the name(s) and address(es) of the buyer(s) and lienholder(s). if
any, in the first assignment section.
(C) If the original MCO is not available, a statement under penalty of
perjury by the applicant that the MCO was surrendered to the local ciiy
or county building department at the time of the installation onto the
foundation system.
(2) A copy of the recorded acknowledgment prepared by the enforce-
ment agency in which the installation occurred, which indicates the com-
pletion of installation onto a foundation system in compliance with
Health and Safety Code section 18551.
(A) If the document specified in (a)(2) is unavailable, a statement,
signed under penalty of perjury by the applicant, which includes:
1. the unit identifying information; and
2. that the unit has been installed on a foundation system in compliance
with he requirements of Section 18551 of the Health and Safety Code.
(3) Payment of:
(A) Use Tax. as required by section 5667.
(B) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(b) Within 10 calendar days after the date of sale of a unit which was
installed on a permanent foundation through a dealer, the dealer shall
submit an application to the department which includes:
( 1 ) the dealer shall meet the requirements of Section 5575.
(2) the original MCO as specified in subsection (a)(1); or
( A) a statement, signed under penalty of perjury by the dealer, that pro-
vides:
1 . the unit identifying information; and
2. that the MCO is in an open escrow; for the sale of that unit.
(B) If the procedure in (2)(A) was utilized, within 10 days after that
escrow has closed, the dealer shall submit:
1. the MCO; and
2. a statement signed under penalty of perjury by the escrow agent cer-
tifying the date escrow closed.
(3) A copy of the recorded acknowledgment prepared by the enforce-
ment agency in which the installation occurred, which indicates the com-
pletion of installation onto a foundation system in compliance with
Health and Safety Code section 18551.
(A) If the document specified in (a)(2) is unavailable, a statement,
signed under penalty of perjury by the dealer, which includes:
1. the unit identifying information; and
2. that the unit has been installed on a foundation system in compliance
with he requirements of Section 18551 of the Health and Safety Code.
Note. Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18062.9. 18070.1(c). 18076(b), 18080.5, 18083, 18123 and
18551(d), Health and Safety Code.
History
1. New article 11 (sections 5610-5614) and section filed 12-31-97; operative
1-1-98 pursuant toGovemment Code section 1 1343.4(d) (Register 98. No. I).
2. New subsection (a)(3)(B) (replacing previously withdrawn subsection
(a)(3)(B)) filed 4-1-98; operative 4-1-98 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 98, No. 14).
§ 561 1 . How to Report the Sale and Installation of a Used
Unit on to a Foundation System for Sales by or
Through a Dealer.
(a) To cancel the title and registration of a used manufactured home,
mobilehome, multi-unit manufactured housing, or commercial coach
now placed on a foundation system pursuant to Health and Safety Code
section 1 855 1 . within 1 0 calendar days after the date of sale or Lease, the
dealer shall submit an application to the department which shall include:
( 1 ) the dealer shall meet the requirements as specified in section 5575.
(2) the titling document, endorsed as specified in Sections 5533. 558 1 .
5580. and 5583 as appropriate;
(3) the last-issued registered owner's registration card;
(4) the Junior Lienholder's Registration Card(s). if any. endorsed as
specified in Sections 5585 and 5584, as appropriate.
(5) the license plate(s) or decalts) for the unit(s); or
(A) a statement signed under penalty of perjury by the applicant staling
ihal the license plate(s) or decal(s) have been destroyed.
(6) a copy of a recorded acknowledgment prepared by the enforcement
agency where the installation occurred, indicating the completion of the
installation on the foundation system in compliance with the require-
ments of Section 1 855 1 of the Health and Safety Code; or
(A) a statement, signed under penalty of perjury by the applicant, that
the unit has been installed on a foundation system in compliance with the
requirements of Section 18551 of the Health and Safety Code; and
(7) If the unit was installed on a foundation after the date the annual
renewal fees became due. the application shall include applicable fees
and penalties specified in Sections 18114, 18114.1, 18115. and 18116of
the Health and Safety Code.
Notf:: Authority cited: Sections 18015 and 1 8075. Health and Safety Code. Ref-
erence: Sections 18080,5. 18114, 18114.1, 18115. 181 16 and 18551, Health and
Safety Code.
History
1 . New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Reaistcr 98. No. 1).
§ 5612. Reporting the Sale and/or Installation of a Used
Unit on a Foundation System Not Sold
Through or by a Dealer.
(a) To cancel the title and registration of a used manufactured home,
mobilehome, multi-unit manufactured housing, or commercial coach
now placed on a foundation system pursuant to Health and Safety Code
section 1 8551 , within 20 calendar days after the date the installation is
complete, the registered owner shall submit an application to the depart-
ment which shall include:
( 1 ) the titling document, endorsed as specified in Sections 5533. 558 1 ,
5580, and 5583 as appropriate.
(2) the last-issued registered owner's registration card; and
(3) the Junior Lienholder's Registration Card(s), if any, endorsed as
specified in Sections 5585 and 5584 as appropriate.
(A) In lieu of items ( 1 ), (2). and (3), above, a statement, signed under
penalty of perjury by the applicant, that at the time of the installation on
the foundation system, the specified titling documents were surrendered
to the local city or county building department.
(4) the license plate(s) or decal(s) for the unit(s); or
(A ) a statement .signed under penalty of perjury by the applicant stating
that the license plate(s) or decal(s) have been destroyed.
(5) a copy of a recorded acknowledgment prepared by the enforcement
agency where the installation occurred, indicating the completion of the
installation on the foundation .system in compliance with the require-
ments of Section 18551 of the Health and Safety Code; or
(A) a statement, signed under penalty of perjury by the applicant, that
the unit has been installed on a foundation system in compliance with the
requirements of Section 18551 of the Health and Safety Code; and
(6) Payment of:
(A) the Manufactured Hoine Recovery Fund Fee as specified in sub-
section 566()(s);
(B) if the unit was installed on a foundation after the date the annual
renewal fees became due. the application shall include applicable fees
and penalties specified in Sections 181 14. 181 14.1, 181 15, and 181 16 of
the Health and Safety Code.
NOTE: Authority cited: Secfions 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 18075.5, 18114, 18114.1. 18115, 181 16 and 1 855 1'. Health and
Safety Code.
Page 260.36
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
§ 5620
History
1. Now scclion tiled 12-31-97; opcialivc 1-1-9S pursiiani to Govcniiiiciil CdcJc
seclion II 343. 4(cl) (Register 98. No. 1).
2. New subseelion (a)(6KA) (replacing previously withdrawn subsection
(aK6)(A)) llled 4-1-98; operative 4-1-98 piirsuanl to Government Code see-
lion 11343. 4(d) (Reeisler 98, No. 14).
§ 5613. Reporting the Conversion of a Manufactured
Home, Mobilehome, or Multi-Unit
Manufactured Housing to a Fixture and
Improvement to the Underlying Real Property
in a Mobilehome Park Converted or Converting
to a Resident-Owned Subdivision,
Cooperative, Condominium, or Nonprofit
Corporation.
(a) To ciincel the title and registration of a used nianul'aetured home,
iiiobilehoine, or iniihi-Linii inaiuifactLired housing located in a mobile-
home park which is being voluntarily converted lo a resident-owned sub-
division, cooperative, condominium, or nonprofit corporation pursuant
to Health and Safely Code seclion 18555, upon the close of escrow, the
escrow agent shall submit an application to the department which shall
include:
( 1 ) the titling document.
(2) the last-issued registered owner's registration card.
(3) the Junior Lienholder's Registration Card(s).
(4) Ihe written consent of the legal owner and each junior lienholder
to the conversion of the unit as a fixture and iinprovement to the underly-
ing real property;
(5) ihc license plaie(s) or decal(s) for the unit(s); or
(A) a siaiemeni signed under penalty of perjury by the registered ovvn-
er that the license plate(s) or decal(s) have been destroyed.
(6) a copy of a recorded acknowledgment prepared by the enforcement
agency where the installation occurred, indicating the completion o\' the
conversion of the unit to a fixture and improvement to the underlying real
properly, in compliance with the requirements of Seclion 18555 of the
Health and Safety Code.
(7) If the unit is subject to local property taxation, a lax clearance cer-
tificate or conditional tax clearance certificate.
(8) I f the unit was converted to a fixture and improvement lo the under-
lying real properly after the dale the annual renewal fees became due. the
application shall include payment of applicable fees and penalties speci-
fied in Sections 18114. 18114.1, 18115. and 181 16 of the Health and
Safely Code.
NOIK: Authority eiled: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Sections 1S075.5. 18114. 18114.1. 18115, 18116 and 18555. Health and
Safety Code.
History
1 . New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Resister98. No. 1).
(A) A copy of the grant deed which shows the current owner as owner
of the real properly, with ijiiprovements. from which the manulaciured
hotne, inobilehoine, multi-unit manufactured housing, or commercial
coach is being removed, or
(B) A copy of the original sales contract which shows the present own-
er as the purchaser, or
(C) A bill of sale froin the owner as documented in subsections (a)( 1 )
or (2) through each subsequent purchaser to ihe present owner, if a sale
has occurred, or
(D) A Bill of sale from the last owner recorded on the department's
permanent title record through each subsequent owner to the present
owner, or
(E) A title report issued by an escrow/title company, which shows the
registered owner as the owner o\ the real propetly. with impro\ emciits.
from which the manufactured home, niobilehomc. mulli-imil maiiulac-
lured housing, or commercial coach is being retnoved, or
(F) In lieu of evidence acceptable to the department, the application
shall include a properly executed surety bond which meets the require-
ments of subsection 5547.
(3) a written statement fron) each person or entity with a title to or secu-
rity interest in the real properly upon which the unit was installed, that
provides consent for the removal of the manufactured home, mobile-
home, multi-unit tnanufactured housing, or commercial coach.
(4) a copy of the notification provided to the county as.sessor thirty
days prior lo the removal of the manufactured hotne. mobilehome. multi-
unit manufactured housing, or commercial coach, as required by Health
and Safety Code Section 1855 1(g) or 18555(h).
(5) Payment of:
(A) a manufactured home, mobilehome. multi-unit manufactured
housing, removed from a foundation system or from the real properly to
which it has become a fixture and improvement, shall be subject to k)cal
property taxation and shall include the fees as required by Sections 18114
and J 81 14.1 of the Health and Safety Code.
(B) a commercial coach removed from a foundation system shall be
subject to annual licen.se fees and shall include all fees due and payable
pursuant to Sections 1 8 1 1 4. 1 8 i 1 4. 1 . 1 8 1 1 5, and 1 8 1 1 6 of the Health and
Safely Code.
(C) payment for a Lien Registration Service fee for each lienholder to
be recorded, as required by Subsection 5660(in).
NOTE: Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sections 18075.5(b). 18114. 18114.1, 18115. 18116. 18551(e)and(e)and
18555. Health and Safety Code.
History
J. New section filed 12-31-97; operative 1-1-98 pursuant lo Governmeni Code
section [1343.4(d) (Register 98. No. 1).
Article 12.
Local Property Taxation and
Relief
§ 5614. How to Register a Unit Removed from a
Foundation System or from the Real Property
to Which it Is a Fixture and Improvement.
(a) 'Within 20 calendar days altera manufactured home, mobilehome,
multi-unit manufactured housing, or commercial coach has been re-
moved from the foundation system pursuanl to Health and Safety Code
Seclion 1 855 1 , or the underlying real property to which it had been a fix-
ture and iinprovement, pursuanl to Health and Safety Code Section
18555, the registered owner shall submit an application for registration
10 the department which shall include:
(1) A registration information document required by subsection
5541(b). including the name(s) and address(es) of the proposed regis-
tered owner(s) and any person or entity with a security interest in the
properly.
(2) If the department's permanent title record reflect any parly other
than the current applicant as owner, one of the following items as evi-
dence of ownership shall be submitted:
§ 5620. Voluntary Transfer to Local Property Taxation.
(a) In addition lo the applicable requirements of Articles 4 or 7 ol this
chapter, an application for registration of a manufactured home or mobi-
lehome which includes a request to transfer the manufactured home or
mobilehome from in lieu taxation to local properly taxation, shall comply
with the requirements of this seclion. Each application shall include:
(b) the titling document, endorsed as specified is Sections 55.33. 5580.
5581, 5583, as appropriate.
(c) the last issued registered owner's registration card.
(d) a request lo voluntary transfer the manufactured home or mobile-
home lo local properly taxation, which contains the following informa-
tion:
(1 ) the decal or license number of the unit.
(2) the serial number of the unit.
(3) the trade name of the unit.
(4) a statement acknowledging the following:
(A) the transfer to local property taxalion is final.
Page 260.37
Register 98, No. 14; 4-3-98
§ 5621
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
iB) all entitlement to petition for reinstatement to the annual vehicle
license fee taxation system is waived.
(C) no refund will be issued for any annual vehicle license fees paid.
i5) a statemeni signed and dated by all registered, legal, and junior
lienholders, except as provided in subsections (e) and (f)- requesting that
the department transfer the manufactured home or mobilehome for the
annual vehicle license fee taxation system to local property taxation.
(6) a statement signed and dated by all new registered owner(s). legal
owner(s), and junior lienholders stating the following:
(A) the provisions for voluntary transfer to local property taxation is
final and reinstatement to the annual vehicle license fee taxation system
will nol be granted.
(B) Use tax will be due if the request for voluntary transfer to local
property tax occurs on or after the date of purchase.
(e) If ownership is recorded as '"or," tenants-in-common, or as ten-
ants-in-common with the names joined by '"or" and if the signature of
one of the owners is not available, the registered owner shall submit a
statement that includes the following information:
(A) The decal or license number.
(B) The serial nuinber(s).
(C) The manufacturer's trade name, if any;
(D) A statement certifying that the missing signature is for a person
who is deceased, or for a person who no longer has an interest in the man-
ufactured home or mobilehome and but cannot be located to sign docu-
ments.
(0 If the lien of the legal owner and/or the junior lienholder are paid
in full prior to the date the registered owner requests transfer to local
property taxation, and the legal owner and/or junior lienholder has re-
leased interest in the unit, the signatures of the legal owner and/or junior
lienholder of record are nol required. The registered owner shall submit
statement certifying that the legal owner's and/or junior lienholder' s lien
was satisfied prior to the date of request for voluntary conversion to local
property taxation.
(g) The apphcation shall include payment of all fees due and payable
pursuant to:
(1) the Manufactured Home Recovery Fund Fee as specified in sub-
section 5660(s);
(2) all fees due and payable pursuant to Section 181 14(b) and (d) of
the Health and Safety Code, if applicable,
(3) all fees due and payable pursuant to Section 181 14. 1 of the Health
and Safety Code, if applicable.
(h) If the unit is not currently registered as of the date of a request to
transfer to local property taxation, all annual renewal fees and penalties
as specified in Sections 18114, 18114.1, 181L'S, and 181 16 shall be paid
before the department will process the request. The date of transfer to lo-
cal property taxation will be evidenced by the latest date as required in
subsection (d)(5)
(i) If the application includes a change in the registered owner, the
application shall include payment for the Transfer Fee as required by sub-
section 5660(b).
(i) The application shall include payment for the Transfer Fee Penalty,
when applicable, as specified in Subsection 5660(c).
(k) The application shall include payment for the Lien Registration
Service Fee specified in Subsection 5660(m).
(/) The application shall include payment for use tax if the transfer to
local property taxation occurs after the date of sale. The date of transfer
to local property taxation will be evidenced by the latest date as required
in subsection (d)(5)
NotE: Authority cited; Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sections 18070.1(c), 18114. 18114.1, 18115, 18116 and 18119. Health
and Safety Code.
History
1. New article 12 (sections 5620-5623) and section filed 12-31-97: operative
1-1-98 pursuantio Government Code section 11343.4(d) (Register 98, No. 1).
2. Amendment filed 4- 1 -98: operative 4-1-98 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 98, No. 14).
§ 5621 . Requirements for Transferring Interest When the
Department's Records Reflect a Property Tax
Postponement Moratorium.
(a) In addition to the applicable requirements of Article 4. Registration
Requirements, of this chapter, an application for registration of a man-
ufactured home, mobilehome, or multi-unit manufactured housing to
transfer the interest of a registered owner or to transfer or create a security
interest in a manufactured home, mobilehome, or multi-unit manufac-
tured housing which is subject to a moratorium for postponement of local
property taxes, the applicant shall provide the department with one of the
following from the State Controller's Office.
( 1 ) a written authorization allowing the change, or
(2) a completed Release of Lien form.
(b) If the completed Release of Lien form is submitted as specified in
sub.section (a)(2). payment of six dollars for the Release of Controller
Lien Fee shall be submitted with the application.
NOTE; Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Section 1 8079. Health and Safety Code; Sections 16182 and 16186. Gov-
ernment Code; and Section 20639.6, Revenue and Taxation Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1 343.4(d) (Register 98, No. 1 ).
§ 5622. Removal of the Property Tax Moratorium.
In order to remove the moratorium recorded on the title of a manufac-
tured home, mobilehome, or multi-unit manufactured housing by a No-
lice of Lien, the applicant shall provide the department with the follow-
ing:
(a) A Release of Lien form issued by the State Controller's Office, and
(b) Payment of six dollars for the Release of Controller Lien Fee.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Ref-
erence: Section 1 8079, Health and Safety Code; Sections 16182 and 'l 61 86. Gov-
ernment Code; and Secfion 20639.6, Revenue and Taxation Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section I l.'^43.4(d) (Register 98, No. 1).
§ 5623. Requirements for Applying for Disaster Tax Relief.
(a) In addition to the application requirements of Article 4, Registra-
tion Requirements, of this chapter, an application for registration for a
manufactured home, mobilehome, or multi-unit manufactured housing
which was obtained to replace a manufactured home, mobilehome, mul-
ti-unit manufactured housing destroyed on or after January I, 1982 and
for which the owner is claiming relief from local property taxation or ve-
hicle license fees, shall meet the requirements of this section.
(b) The application shall include a request for disaster tax relief which
contains the following information:
( 1 ) A description of the destroyed unit by trade name, year model, de-
cal or license number, serial number(s), and length and width.
(2) A declaration stating that the unit was located in an area declared
by the Governor of the State of California as being a disaster area, that
the unit was destroyed as a result of the recognized disaster, and that the
unit was damaged to an extent that the cost of repair exceeds the value
of the unit prior to its destruction, or has been declared a total loss for in-
surance purposes.
(3) The location address of the destroyed unit, including the county.
(4) The date of destruction.
(5) The cause of destruction.
(6) A certification signed under penalty of perjury by each registered
owner.
(c) The application shall contain written verification from the county
assessor's office indicating if the replacement unit is comparable in size,
utility and locafion to the destroyed unit and if the owner is eligible for
the disaster tax relief provided by Section 172.1 of the Revenue and Tax-
ation Coed.
(d) The department shall upon receipt of the information required by
subsections (b) and (c) provide a letter instructing the registered owner
on how to apply for the disaster tax relief.
Page 260.38
Register 98, No. 14; 4-3-?
Title 25
Registration and Titling
§ 5631
(e) The applicant shall provide the County Assessor's OtTice with the
inlbrmation provided pursuant to subsection (d) to obtain the disaster tax
relief, if the replacement unit is subject to local properly taxation.
Noil.. Authority cilcd: Sections 1801.S anil 1807.^. Health and Safety Code: and
Section 172.1. Revenue and Taxation Code. Reterence: Section i807.'i..^. Health
and Safety Code: and Section 172.1. Revenue and Taxation Code.
HiSIOKY
I. New section tiled 12-31-97; operative I- I-9X pursuant to Government Code
section 1 1 34,3. 4(d) (Register 98. No. 1 ).
Article 13. Salvage Reporting
Requirements
$ 5630. Reporting a Unit as Salvage.
(a) An application submitted to request ihe designation of a manufac-
tured home, mobilehome, multi-unit manufactured housing, commer-
cial coach, truck camper, or lloaling home as salvage, that is damaged
and unfit for human habitation or that has been destroyed, shall meet ihe
requirements of this section.
(b) If a manufactured home, mobilehome, multi-unit manufactured
housing, commercial coach, truck camper, or lloaling home was sold
prior to the date of damage or destruction by other than a dealer and not
reported to the department, the application shall also meet the applicable
regislraiion requirements pursuant to Article 3 and 4 of this chapter.
(c) if a manufactured home, mobilehome, mulli-unit manufactured
housing, or commercial coach, was sold by a dealer prior to the date of
damage or destruction and not reported to the department, the application
shall also meet ihe applicable registration requirements pursuant to Ar-
ticles 3, 4 and Article 7 of this chapter.
(d) Each application shall include the titling document.
(e) If the application is to report the salvage of a new, unregistered unit,
the application shall include the original (pink) copy olform HCD 483.0,
Manufacturer Certificate of Origin, dated 7/97.
(0 The application shall include all Junior Lienholder Registration
Cards, with each registration card.
(g) The application shall include the last issued registered owner's reg-
istration card.
(h) The application shall include each HUD label or HCD insignia as-
signed to the manufactured home, mobilehome, multi-unit manufac-
lured housing, commercial coach, or taick camper. If the labels or insig-
nia are unavailable due to their destruction, loss, or surrender to the
deparlment, the applicant shall provide this information as required in
subsection (i).
(i) The application shall include a statement, signed under penalty of
perjury, that the following information:
( 1 ) The unit identifying information.
(2) A statement certifying the following information:
(A) the date the unit was destroyed and the cause of the destruction.
(B) the licen.se plate(s) or decal(s) has been destroyed.
(C) the HUD label(s) or HCD in.signia has been surrendered to the de-
partment, lost, or destroyed.
( j ) If the manufactured home, mobilehome, or commercial coach is de-
stroyed or damaged after the date the annual renewal fees become due.
the application shall include payment for fees and penalties as specified
in Sections 18114, 18114.1, 181 15, and 1 8 1 1 6 of the Health and Safety
Code.
(k) If the applicaiion includes a change in ownership not recorded with
the department prior to the date of destruction, the following applicable
fees shall be submitted with the application:
( 1 ) Payment for the Transfer Fee as required by subsection 5660(b),
and
(2) Payment for a Lien Registration Service Fee as required by subsec-
tion 5660(m), and
(3) Payment of the use tax as specified in Section 5667.
(4) the Manufactured Home Recovery Fund Fee as required by subsec-
tion 566()(s);
(/) If the application includes a sale by a California licen.sed dealer not
recorded with the dcpartmeni prior to the date of destruction, the follow-
ing fees apply:
( 1 ) Payment of the Dealer Report of Sale filing fee as required by Title
25. Division K Chapter 4, sub.section 504()(j).
(2) Payment Administrative Service Fees as specified in Sectit)n
18123.5 of the Health and Safety Code shall also be submiited with the
application, when applicable.
(m) If the registration of the manufactured home, mobilehome. multi-
unit manufactured housing, commercial coach, truck camper, or lloating
home has been designated as salvage pursuant to this section, neither a
titling document nor a registration card shall be issued unless the unit is
approved for occupancy pursuant to the requirements of Section 5631.
(n) Upon approval of the application lo designate a manulaclured
home, mobilehome, multi-unit manufactured housing, commercial
coach, truck camper, or floating home for salvage, the deparlment shall
provide acknowledgment to ihe registered owner and legal owner! s). if
any, that the application has been approved to report the unit as salvage.
NOTE: Authority cited: .Sections 1801 5 and 1 8075. Health and Salety Code. Rel-
erence: Sections 18026. 18070.1(c). 18075.3. 18114. 1X114,1. 18ll.r 18116.
18123.5 and 18550(d)(e). Health and Safely Code.
History
1. New article 13 (sections .3630-5631) and section tiled 12-31-97; operative
1-1-98 pursuant to Governmcni Code section 1 LM3.4(d) (Register 98. No. 1 ).
2. New suhsection (k)(4) (replacing previously withdrawn suhsection (k i(4)) Hied
4-1-98; operative 4-1-98 pursuant lo Government Code section 1 1343.4(d)
(Register 98. No. 14).
§ 5631 . Registration of a Unit Previously Reported as
Salvage.
(a) An application for registration of a manufactured home, mobile-
home, multi-unit manufactured housing, commercial coach, truck
camper, or floating home previously designated as salvage shall meei the
requirements of this section.
(h) The application and fees shall be submitted within twenty days
from the date the insignia is issued for the reconstructed unit. The appli-
cation shall also meet the applicable registration requirements pursuant
to Article 2 and Article 5 of this chapter.
(c) A reconstructed manufactured home, mobilehome. or commercial
coach that was subject to an annual vehicle license fee prior to being des-
ignated as salvage, shall be subject to an annual vehicle licen.se fee upon
the date the insignia are issued.
(d) A reconstructed manufactured home, mobilehome, mulli-unit
manufactured housing, or floating home that was subject to local proper-
ty taxation prior to being designated as salvage shall be subject lo local
properly taxation upon the date the insignia are issued.
(e) The application shall include a registration information document
as required in subsection 5541(b). completed and signed by each regis-
tered owner.
(f) The application shall include the acknowledgment provided by the
department at the time the manufactured home, mobilehome, multi-unit
manufactured housing, commercial coach, truck camper, or lloaling
home was designated as salvage, as specified in suhsection 563()(n).
(g) in lieu of the document required by subsection (f), the applicant
shall submit a statement, signed under penalty of perjury that includes the
following infonuation:
( 1 ) The unit identifying information.
(2) A statement completed by the parly who has personal know ledge,
certifying the dksposition of the acknowledgment specified in subsection
5630(n).
(h) An application submitted for a manufactured home, mobilehome,
multi-unit manufactured housing, commercial coach, or truck camjier
shall include a copy an inspection report, issued by either the depart-
ment's Northern Area Office or the department's SoutheiTi Area Office,
Page 260.39
Register 98, No. 14; 4-3-98
§ 5640
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
which indicates that the reconstructed unit comphes with Heahh and
Safety Code standards and has been issued an insignia.
(i) In lieu of the inspection report specified in subsection (h). one of
the following shall be submitted;
( 1 ) An application submitted for a manufactured home, mobilehome,
multi-unit manufactured housing, commercial coach, or truck camper
shall include a copy of the issuance letter sent to the applicant by the de-
partment's Manufactured Housing Section with the replacement insig-
nia.
(2) An application for a floating home shall include a copy documenta-
tion issued by the local enforcement agency that indicates that the float-
ing home is in compliance with all applicable Health and Safely Code
standards.
(J) The application shall include all bills of sale necessary to document
the chain of ownership of the reconstructed unit from the owner of the
salvage unit shown on the receipt included pursuant to subsection (f)
through to any subsequent owners and including the registered owner
shown on the application for registration.
( k) The application shall include payment of the Manufactured Home
Recovery Fund Fee as specified in subsection 5660(s);
( 7) Payment of all fees and penalties due and payable pursuant to Sec-
tions 18114, 18114.1, 181 15, and 181 16 of the Health and Safety Code.
(m) The application shall include payment for a Lien Registration Ser-
vice Fee as required by Subsection 5660(m).
(m) If the registered owner shown on the application for registration
of the reconstructed unit purchased the unit following the completion of
the reconstruction, the application shall include,
( 1 ) Payment for the Transfer Fee as required by Subsection 5660(b),
and
(2) Payment for the Use Tax as required by Section 5667.
(n) If the reconstructed unit was sold by a dealer, the dealer shall also
comply with Section 5575.
NOTE: Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sections 18029. 18070.1(c), 18075.5. 18080.5, 18114. 18114.1, 18115
and 181 16, Health and Safety Code.
History
1. New section filed 12-.'^l-97; operative 1-1-98 pursuant to Government Code
section 1 134.^.4(d) (Register 98. No. I ).
2. Amendment filed 4-1-98; operative 4-1-98 pursuant to Government Code sec-
tion 11 343.4(d) (Register 98, No. 14).
Article 14. Notice of Attachment
§ 5640. Reporting an Attachment Lien on a Manufactured
Home, Mobilehome, Multi-Unit Manufactured
Housing, or Commercial Coach.
(a) When an attachment lien has been issued by a court for a manufac-
tured home, mobilehome, inulti-unit manufactured housing, orcominer-
cial coach registered with the department, and if the plaintiff requests that
the department record the attachment lien, the levying officer shall pro-
vide the department with notification of the attachment lien by submit-
ting to the department a statement signed under penalty of perjury which
contains the following information:
(1) The unit identifying information.
(2) The regi.stered owner(s) identifying information.
(3) A statement that the unit is equipment of a going business in the
possession or under the control of the registered owner(s) who is also the
defendant named in the attachment lien.
(4) The name and address of the plaintiff.
(5) The name of the court and the case number under which the attach-
ment lien was ordered.
(b) The levying officer shall transmit with the statement as described
in subsection (a), with the payment for the three dollar filing and indexing
fee.
(c) Unless the levying officer files a notice of a one-year extension of
the attachment as required by Section 5641 , the attachment lien shall ex-
pire three years from the date the order authorizing the attachment is is-
sued by the court.
NOTt;: Authority cited: Sections 1 801 5 and 1 8075. Health and Safety Code; Sec-
lion 488.385. Code of Civil Procedure. Reference: Section 18075.5. Health and
Safety Code; Sections 488.385(a) and 488.540(a). Code of Civil Procedure.
History
1. New anicic 14 (sections 5640-5643) and section filed 12-31-97; operative
1-1-98 pursuant to Government Code secfion 11343.4(d) (Register 98. No. 1),
§ 5641 . Filing a One-Year Extension on a Attachment Lien
Recorded with the Department.
(a) When a plaintiff has acquired an attachinent lien, and the attach-
ment lien has been recorded with the departiTient. the plaintiff may re-
quest a one-year extension of the recording of the attachinent lien by sub-
mitting the following:
(1 ) The levying officer shall submit a written request for an extension
by submitting to the department a statement signed under penalty of per-
jury which contains the following information:
(A) The unit identifying information.
(B) The registered owner(s) identifying information.
(C) A stateiTient that the unit is equipment oi a going business in the
pos.session or under the control of the registered owner{s) who is also the
defendant named in the attachment lien.
(D) The name and address of the plaintiff.
(E) The name of the court and the case number under which the attach-
ment lien was ordered.
(2) The levying officer shall transmit with the request for extension as
described in subsection (a)( I ), payment of the three-dollar filing and in-
dexing fee.
(b) The department shall not accept more than five notices of one-year
extensions of a single attachment lien filed on the thle of a manufactured
home, mobilehome, multi-unit manufactured housing, or commercial
coach.
NOTE: Authority cited: Sections 18015 and 18075, Health and Safety Code; Sec-
tion 488.385. Code of Civil Procedure. Reference: Section 18075.5, Health and
Safety Code; Sections 488.385(b) and 488.510(b). (c) and (d). Code of Civil Pro-
cedure.
Htstory
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
§ 5642. Reporting the Release of an Attachment Lien.
(a) In order to file a release of an attachment Uen previously recorded
on the title of a manufactured home, mobilehome, multi-unit manufac-
tured housing, or commercial coach, the levying officer shall provide the
department with statement signed under penalty of perjury which con-
tains the following:
(1 ) The unit identifying information.
(2) The registered owner(s) identifying information.
(3) A written request to release the attachment lien previously filed
with the department and providing the court name and case number under
which the lien was ordered.
(b) The levying officer shall transmit with the completed statement as
described in subsection (a), payment of the three dollar filing and index-
ing fee.
NOTE: Authority cited: Secfions 18015 and 18075, Health and Safety Code; Sec-
tion 488.385, Code of Civil Procedure. Reference: Section 18075.5, Health and
Safety Code; Sections 488.385(b) and 488.730(c) and (d), Code of Civil Proce-
dure.
History
1. New section filed 12-31-97; operafive 1-1-98 pursuant to Government Code
.secfion 11 343.4(d) (Register 98. No. 1).
§ 5643. Requesting Attachment Lien Information.
(a) In order to request information on an attachment lien recorded with
the department, the applicant shall submit a written request for attach-
ment information signed under penalty of perjury which contains the fol-
lowing infonnation:
(1) The unit identifying information.
(2) The registered owner(s) identifying information.
(3) The name and address of the requester.
Page 260.40
Register 98, No. 14; 4-3-
Title 25
Registration and Titling
S 5660
(h) The rcqiiesler shall subiiiil with ihe ivquesl for inrormalioii as de-
scribed in sLihsection (a), payment ot the three dollar certiricate tee.
(c) Ha copy olthe notit'ieation ol' attachment lien as described in Sec-
tion 5640, the requester shall submit with the request For attachment in-
formation as described in subsection (a), payment of the photocopy Fee
per page as required in subsectit)n 566()(m).
Nori,: Aiithorilv cited: Sections 1 SOI 3 aiui I >^()15. Health and SaFctv Code: Sec-
tion 48S..185. Code ol Civil Procedure. RcFerencc: Section 1807.^.5. Health and
Safety Code: Sections 488.38.S(c). Code ol Civil Procedure.
Hisrokv
1. New section Hied 1 2-.^ l-*-)?: operative 1-1-98 pursuant to Govemnienl Code
section 1 134.v4(d) (kciiister 98. No. I ).
•
Article 15. Title Search
i^ 5650. Requesting a Title Search.
(a) A request For inl'ormation on the current registration and title status
o\' a manul'actured home, mobilehome, multi-unit manuFactured hous-
ing, commercial coach, truck camper, or lloating home shall comply with
ihe requirements oFthis section.
(b) The requester shall submit a request For a title search which con-
tains the Following inlormation:
1 1 ) The name, address, and telephone number of the requester.
(2) The requester's File number, ilany.
(}) The unit identifying inlormation.
(4) The registered owner narne(s) and address.
(c)The requester shall mail or submit in persoti the completed request,
with payment oF one oFthe Following Fees:
( 1 ) The Fee For the inl'ormal title search request as required by subsec-
tion .5Wi()(k). or
(2) The Fee lor the Formal title search request as required by sub.seetion
NorE: Authority cited: Sections i80I.S and 18()7.S. Health and Safety Code. Ref-
erence: Section 1808 1(a) and (b). Health and Safety Code.
Hl.SiORY
1 . New section 11 led 4- 1-98; operative 4- 1-98 pursuant to Government Code sec-
tion 1 1. 343.41 d) (Register 98. No. 14).
§ 5651. Establishing a Requester Account.
(a) A requester may establish a prepaid title search account with the
department and make requests for information on the registration and
title status of units by complying with the following requirements.
(b) The requester shall complete and submit to the department a re-
quester account agreement which contains the following:
THIS ACiREEMENI . made and ciiWred into this day of
19 , hcnvecn The STATE OF CALIFORNIA, acmig hx and
ihroniih ihe DEPARTMENT OF HOUSING AND COMMUNITY DE-
VELOPMENT herein called "seller" and enter re-
cjitester's name , herein called "hityer".
WHEREAS, buyer desires to purchase information from seller's re-
cords, it is ai^reed that the seller will furnish said iitformation as soon as
possible after receipt of request, except that seller may elect to cease fur-
nishini> said information for other reasons required by law or regulation,
and
IT IS FURTHER A GREED that buyer will place an initial advance de-
posit with the seller, of not less than $250 to cover the seller's estimated
cost for processini> subsequent individual requests, iitcluding salaries
and wai>es, operatiiti> expenses aitd equipment. Current information ser-
vice costs are $25 for In formal Title Search and $35 for Formal Title
Search per record. Payment must be in the form of a negotiable check or
money order and must reach the seller before delivery of information.
IT IS FURTHER AGREED that buyer will maintain a level of advance
deposit sufficient to cover the services requested from seller.
BUYER AGREES to comply with the provisions of Title 15, U.S.C,
Sections 1681 to ]6SI(t) (Credit Reporting Agencies), if these sections
are applicable to the buyer's business and method of operation.
Except for the election of seller to cease furnishing iitformiuion or to
cancel this contract upon notice as above provided, this contract shall
continue until canceled by either partx upon thirty l.U)) da\s written no-
tice to the other.
(c) The requester account agreement shall provide a list of authori/ed
employees who may use the account to requester title search information
from the department.
(d) The requester account shall be signed by the department and by the
party requesting the account.
(e) The requester shall place an advance deposit with the department
as required by the signed requester account agreement pursuant to sub-
section (b).
(f) The requester shall maintain the confidentiality t)f the account num-
ber assigned the requester by the department.
(g) The requester shall maintain the balance of the advance deposit at
an amount adequate to cover the ser\ ices requested.
(h) The department shall accept requests for information.
( 1 ) made in person by an authorized person.
(2) made through the mail by an authori/ed person.
(3) requested over a facsimile machine by an authorized person, and
(4) made by telephone by an authorized person.
(/) The department may cancel the requester account if the requester
fails to comply with sub.sections (a) through (h).
NOTt;: Authority cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Section 1808 1(a) and (b). Health and Safety Code.
UlSIOkY
1 . New section 11 led 4- 1-98: operative 4- 1-98 pursuant toGovernnient Code sec-
tion 11343.4(d) (Register 98. No. 14).
Article 16. Fees and Exemptions
§ 5660. Schedule of Fees and Penalties.
(a) Penalties under this chapter accrue when an application is sub-
mitted one or more calendar days after the statutory time frame, as evi-
denced by:
( 1 ) the postmark date of the application; or
( 2 ) the date-stamp entered by t he department i I the appi icat i on was de-
livered to the department.
(b) Transfer Fee: Thirty-five dollars ($35.00) to add, delete, ox change
the name of the registered owner(s) of a unit.
(c) Transfer Penalty: Twenty-five dollars ($25.00) when the applica-
tion for transfer is submitted more than twenty (20) calendar days after
the date of sale or transfer by a non-dealer, or more than ten (10) calendar
days after the dale of sale or transfer by a dealer.
(d) Foreclosure/Repossession Fee. Thirty-five dollars ($35.00) to
submit an application for foreclosure or repossession of a unit.
(e) Foreclosure/Repossession Penalty: Twenty-five dollars ($25.00)
when an application for foreclosure or repossession is submitted more
than sixty (60 ) calendar days after the dale of foreclosure or repossession.
(f) Duplicate Certificate of Title Fee. Twenty-five dollars ($25. (K)) to
apply for duplicate certificate of title for a unit.
(g) Duplicate Registration Card Fee. Twenty-five dollars ($25.00) to
apply For a duplicate registration card For a unit.
(I) If duplicate registration cards are required for a manufactured
homes or mobilehomes registered under two or more separate DM V de-
cals, a duplicate registration card fee is charged for each duplicate regis-
tration card needed.
(h) Substitute Decal Fee. Twenty-live dollars ($25. (K)) to apply for a
substitute decal.
(i) Substitute Year Sticker Fee. Twenty-five dollars ($25.00) to apply
for a substitute, year sticker.
(j) Escrow Opening Fee. Thirty-five dollars ($.35.00) to establish a
1 20-calendar day moratorium on the permanent title record of a man-
ufactured home, mobilehome. multi-unit manufactured housing, com-
mercial coach, trucker camper, or Floating home.
Page 260.41
Register 98. No. 14; 4 -.1-98
§5661
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(k) Inrormal Title Search Fee. Twenty-five dollars ($23) to subinii a
request lor an informal title search lo be returned hy mail, picked up hy
a courier, or, if the customer has a requester account, returned by a fac-
simile machine.
(/) Formal Title Search Fee. Thirty-five dollars ($35.00) to submit a
request for a formal title search to be returned by mail, picked up by a cou-
rier or, if the customer has a requester account, returned by a facsimile
machine.
(m) Lien Registration Service Fee. Twenty-five dollars ($25.00) lo
add. delete, or change the legal owner(s) or jimior lienholder(s) on a unit.
(n) Situs Change Fee. Twenty-five dollars ($25.00) to report a change
of situs address of a unit.
(0) Home Address Confidentiality Fee. Seven dollars ($7) to submit
a request for confidentiality of the home address of a registered owner.
f p) Photocopy Fee. Five dollars ($5.00) per each side of a docimient.
iq) Certification of Photocopy(s) Fee. Ten dollars ($10.00) to certify
all dociuTients requested at the same time on a particular unit.
ir) Non-Residenl Fee. Thirty-five dollars ($35.00) to re-register a
unit brought into California from another state in the same registration
year in which the unit had been removed from California.
IS) Manufactured Home Recovery Fund Fee. Ten dollars ($10.00) for
each sale of a manufactured home or mobilehome reported lo the depart-
ment.
NOTE: Aulhoritv cited: Sections 18013 and 1807.3. Health and Safely Code. Ref-
erence: Section's 18021.5, 18035(d)(2). 18075(c). i8()80.5(b)(2). I8()80.7(a).
18(i8](e) and (d). 1808.5(a). 18086, 18090.5. 18100. 18100.5. 18108. 18108.5.
181 la and 181 17.5, Health and Safety Code; Section 6257, Govemnieni Code.
History
1. New ailiele 16 (sections 5660-5668) and section filed 12-31-97: operative
1-1-98 pursuani to Government Code section 1 1343.4(d) (Register 98, No. 1 ).
2. New subsection (s) filed 4-1-98; operative 4-1-98 pursuant to Governmenl
Code section 1 1343.4(d) (Regi.sier 98. No. 14).
§ 5661. Application for Refund.
(a) To obtain a refund of fees and/or penalties erroneously paid to the
department under this chapter, the applicant shall submit a written re-
quest for a refund, signed under penalty of perjury, which must include:
( 1 ) the unit identifying information;
(2) the date the fees in question were paid to the department:
(3) the name and address of the party requesting the refund;
(4) the name and address of the registered owner(s) of record;
(5) the situs address of the unit;
(6) the amount of the refund requested, and
(7) an explanation of the basis for the refund request.
(b) For that portion of a year's annual renewal fees paid by a non-ex-
empt owner, which relates to the period between the effective date of an
exemption and the end of the registration year for which the fees were due
or were paid, no refund or prorated reduction of those annual renewal
fees will be made if the exemption becomes effective after the beginning
of the registration year.
(c) The application for refund must be submitted within three years
from the date the fees and/or penalties were paid.
(d) Any refund will be issued in the name of the requesting party.
(e) In the event that excess fees are submitted with an application to
transfer, the department will refund the excess fees to the escrow or title
company, or. if no escrow or title company was used for the transaction,
lo the payor.
NOTE: Authority cited: Secfions 18015 and 18075, Health and Safety Code; Sec-
tion 13143. Government Code. Reference: Sections 18075 and 18085, Health and
Safety Code; Section 13143, Government Code.
History
1. New .section filed 12-31-97; operative 1-1-98 pursuant to Governmenl Code
section 1 1343.4(d) (Register 98, No. 1 ).
§ 5662. How to Establish an Exemption from Fees for
Governmental Entities.
(a) To obtain an exemption from registration fees or other fees due un-
der this chapter, the exempt entity must submit a written request for ex-
emption signed imder penalty of perjury, which includes:
( 1 ) the unit identifying information:
(2) that the unit is owned or leased by the exempt entity, as defined in
Health and Safety Code section 18076:
(3) the effective date of the exemption, as defined by:
(A) the date the exempt entity signed a purchase contract or security
agreemeni and paid the purchase price, or
(B) the date the exempt entity took physical possession or delivery of
the unit.
(b) Payment of fees which became due prior to the effective date of the
exemption, pursuant to .Sections 18114. 181 14.1. 18115. and 181 16 of
ihe Health and Safety Code, shall be paid.
NO'lE: Authority cited: .Sections 1 80 15 and 18075. Health and Safety Code: Sec-
lion 10781. Revenue and Taxation Code. Reference: Sections 18076. 18114.
18114.1.18115 and 18116. Health and Safety Code; Section 1 078 1 . Revenue and
Taxalion Code.
History
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 1).
§ 5663. How to Establish an Exemption from In Lieu
Taxation for Nonresident Military Personnel.
(a) To obtain an exemption from in lieu taxation of a unit owned by a
nonresident member of the military, the application must include:
( 1 ) a statement signed under penalty of perjury by one of the registered
owner(s) which includes:
(A) the unit identifying inforination;
(B) the situs address of the unit:
(C) that the registered owner is on active duty as a member of the U.S.
Armed Forces:
(D) that the registered owner is not a resident of the State of California:
(E) the state or country the registered owner claims as his or her legal
residence:
(F) the duty station of the registered owner:
(G) that the unit is not used in connection with a trade or business;
(H) the registration year(s) for which the exemption is being re-
quested: and
(1) the date the exeinption took effect, as defined by:
1 . the date the qualifying registered owner signed a purchase contract
or security agreement and paid the purchase price of the unit; or
2. the date the qualifying registered owner took physical possession or
delivery of the unit.
( 2 ) Pay inent of fees which became due prior to the effective date of the
exemption, pursuant to sections 181 14, 181 14. 1. 181 15, and 181 16 of the
Health and Safety Code.
(A) If the unit was purchased from a nonresident member of the mili-
tary whose exemption claiin had expired, delinquent fees due pursuant
to sections 181 14 and 181 14.1 of the Health and Safety Code shall be
paid prior to establishment of the buyer's non-resident military exemp-
tion.
(B) TTie nonresident military owner selling the unit shall provide a
statement signed under penalty of perjury, which includes:
1. the unit identifying information; and
2. that during the period of nonrenewal of registration, he or she owned
the unit.
(C) If no stateinent is submitted by the selling nonresident military
owner, the fees required by Sections 18115 and 181 16 of the Health and
Safety Code shall also be paid.
NOTE: Aulhoritv cited: Sections 18015 and 18075. Health and Safety Code. Ref-
erence: Sections 18075.5, 18114, 18114.1, 181 15 and 181 16, Health and Safety
Code; Soldiers and Sailors Civil Relief Act. Section 574, Title 50, Appendix. U.S.
Code.
•
Page 260.42
Register98, No. 14; 4-3-98
Title 25
Registration and Titling
§ 5667
History
Ncv\ section tiled 12-31-97: operaliw I-I-9S pursuant to Go\ eminent Code
section I 1343.4(d) (Rciiister VS. No. 1 ).
§ 5664. How to Establish an Exemption from In Lieu
Taxation for Indian-Owned Units Located on
an Indian Reservation or Rancheria.
(a) To obtain an cxcmplion t'toni in-lieu taxation lor a unit owned a
meinbcr of a rcdLMally-i"ccogni/cd American Indian Tribe, the applica-
tion .shall include:
( 1 ) a statement signed under penalty olperjury by the registered owner
which includes:
(A) the unit identilying inrormatit)n:
(B) that the registered owner is a tnember of a I'ederally recogni/ed
American Itidian Tribe;
(C) the name of the Federal Indian Reservation or Rancheria upon
which the unit is located
(D) the erieelive date of the exemption, which is the date the unit was
itistalled on a Federal Reservation or Rancheria.
(E) the registration year(s) lor which the exemption is being requested;
(2) Payment of fees due prior to the etTective date of the exemption
pursuant to sections 181 14. 181 14.1. 181 l.S.and 181 16 olthe Health and
Sal'ety Code.
{}) Il'lhe unit was purchased from a member ot'a l'ederally-recogni:'.ed
American Indian Tribe who had claimed the exemption, and that exemp-
tion had expired, all fees due pursuant to sections 18114 and 181 14.1 of
the Health and .Safety Code shall be paid priorto the establishment ofthe
buyer's t)wn exemption.
(A) The former owner shall provide a statement signed under penalty
of perjury which includes:
1. the unit identifying information;
2. that during the period of nonrenewal of registration, the unit was
owned by a member of a federally-recognized American Indian Tribe lo-
cated on an Indian Reservation or Rancheria.
(B) If no statement is submitted by the former owner, the fees pre-
scribed in Sections 181 l.Sand 181 16of the Health and Safety Code shall
also be paid.
NOTR; Authority eited: Sections I HOLS and 1807.S. Health and Safety Code. Ref-
erenee: .Sections I8()7.S..S. 1 8114. 181 14.1. 181 l.S and 18116. Health and Safety
Code: Section 136()(b). United Stales Code 28. Bnan v. Iluscu. 1 1976J 426 U.S.
373. 98 S. CT. 2 102. Culifoniia cl al. v. Ctibaz.ini Band of Mission Indians et al..
480 U.S. 202.
Hl.STORY
I . New section filed 12-31-97: operative 1 -1-98 pursuant to Government Code
section 1 1.343.4(d) (Reeister 98. No. 1 ).
(F) the relationship between the disabled \eteran or his/her sur\ i\iiig
spouse and all other registered owner(s) ofthe unit;
(g) the dale the exemption took effect, as defined by the date the dis-
abled veteran or his/her surviving spouse
1. signed a purchase contract or security agreement and paid the pur-
chase price; or
2. took physical possession or delivery t)l the unit.
(2) Payment of all fees which became due prior to the effective date
of the exeinption pursuant to Sections 181 14. 181 14.1. 181 l.'^.and 181 16
ofthe Health and Safety Code
(A) If the unit was purchased from another disabled veteran exempt
owner, any fees due after the expiration of the seller's exemption pur-
suant to sections 181 14 and 181 14.1 of the Health and Safety Code must
be paid prior to establishment of the buyer's own exemption.
1 . The seller shall provide a statement signed under penalty ot perjury
which includes all information specified in subsection (a)(1) for each
year of ihe delinquency.
2. If no such statement by the seller is submitted, the fees piescribed
in sections 181 15 and 18116 of the Health and Safety Code shall also be
paid.
(b) The amount ofthe value ofthe unit which is exempt from the antui-
al in-lieu taxation is:
( 1 ) twenty-thousand dollars ($2().()()()). or
(2) thirly-lhousand dollars ($3().()()()). if the applicant's household in-
come is less than the annual ainount determined by the Slate Contioller
pursuant to Ihe Revenue and Taxation Code Section 2058.5.
NOTE: Authority cited: Sections 1 801 3 and 1 807 .S. Health and Saletv Code. Ret
erenee: .Sections 18114. 181 14.1. 181 US and 181 16. Health and Saletv Code: Sec-
tions 10788, 20.S04 and 20.S8.S. Revenue and Taxation Code.
Hl.SIORY
1. New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 U343.4(d) (Register 98, No. 1).
§ 5666. How to Obtain an Exemption from the Park
Purchase Fund Fee.
(a) To apply for an exemption from the Park Purchase Fund Fee re-
quired by section 1 8 1 14. 1 of the Health and Safety Code, the registered
owner shall submit a request signed under penalty of perjury, which in-
cludes:
(1 ) the unit identifying information; and
(2) he/she/they own the land upon which the unit is located.
NOTH: Authority eited: Sections 1 80 13 and 1807.3. Health and Safely Code. Ret-
erenee: Seclion 181 14.1. Health and Safety Code.
Ht.STORY
1. New section tiled 12-31-97: operative 1-1-98 pursuant to Government Code
section 1 1 .343.4(d) (Recister 98. No. 1 ).
§ 5665. How to Establish an Exemption from In Lieu
Taxation for a Disabled Veterans.
ta) To obtain an exemption from in-lieu taxation on a portion or all o\'
the value of a unit owned by a disabled veteran or his/her surviving un-
married spouse, the application shall include:.
( I ) A statement signed under penalty of perjury by the disabled veteran
or his/her surviving spou.se which contains the following information:
(A) the unit identifying inforiTiation;
(B) the registered owner(s) name and address;
(C) that the unit is hi.s/her principal place of residence;
(D) that the disability resulted from an injury or disease incurred dur-
ing military service, defined as:
1 . that the veteran was a resident of California at the time of entry into
the service, and became blind, lost the use of two or more limbs, or be-
came totally disabled; OR
2. that the veteran was a resident of California on November 7, 1972,
and became blind in both eyes, or lost the use of two or more limbs; OR
(3.) that the veteran was a resident of California on January I, 1975,
and became totally disabled.
(E) If the applicant is the surviving spouse, that he/she has not remar-
ried.
§ 5667. Payment of Use Tax.
(a) Payinent of the use tax is required to transfer ownership o\' a unit
on:
( 1 ) a used unit not subject to local property taxation.
(2) unit not purchased from a licen.sed California dealer;
(b) An application for registration of a unit subject to the collection of
use tax shall include a statement signed under penalty of perjury by the
purchaser, which includes:
( 1 ) the name and address of the purcha.sens);
(2) the situs address of the unit;
(-3) the unit identifying information;
(4) the date the unit was manufactured, if known;
(5) the length and width ofthe unit;
(6) the date of purchase;
(7) the total purchase price of the unit.
(8) if the unit is a commercial coach, an itemized list ofthe dollar value
of each allowable deductions for in-place location, awnings, skirting,
carport, patio, landscaping, shiTibs, and unattached furnishings;
(9) if the unit is a used manufactured home, multi-unit manufactured
housing, or mobilehome. and the use tax will be based on the retail value
Page 260.43
Register 98, No. 14;4-,1-
§ 5668
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
o\' ihe unit, rather than the Hill pmrhase price, retail price is determined
hy:
(A) the Kelley Blue Book value ibr the unit, or
(B) the NADA Appraisal Guide value.
(10) the amount of use tax due. computed by one of the following
methods:
(A) multiply the total purchase price by the use tax rate for the county
in which the unit is located; or
(B) multiply the total piuchase price less any allowable deductions as
provided in subsection (8). by the use lax rate for the county in which the
unit is located; or
(C) multiply the retail value as provided in subsection (9) by the use
tax rate for the county in which the unit is located.
id) When a unit is purchased in another state and brought the unit into
California 90 days or less after the date of purchase, use or sales tax paid
to the stale of purchase will be deducted from the total amount of use tax
due the State ol' California, provided that the purchaser shall submit a
statement, signed under penalty of perjury, which includes:
I 1 ) the unit identifying information;
1 2) the name and address of the purchaser(s);
(3) the name and address of the seller;
(4) the state to which the sales or use tax was paid;
(5) the amount of sales or use tax paid to the other state;
(6) evidence of payment of the tax, as provided by a purchase or sales
contract, and payment invoice or receipt for any sales/use lax paid.
NOTE: Authority cited: Sections 1801.S and 1807."!. Health and Safety Code. Rel-
erence: Section 1 8 1 23, Health and Safety Code: and Sections 6292 and 6406. Rev-
enue and Taxation Code.
Hlstory
1. New section filed 12-.31-97: operative 1-1-98 pursuant to Government Code
section 1 134.3.4(d) (Register 98. No. 1 ).
§ 5668. How To Establish an Exemption from Use Tax.
(a) To obtain an exemption from payment of use tax, an application
must include either:
( 1) Form BT 111, Certificate of Use Tax Exemption, or such other
form as may be issued by the State Board of Equalization, when:
(A) the use tax has been paid directly to the board, or
(B) the board has determined that no use lax is due.
(2) a statement signed under penalty of perjury by the licensed Califor-
nia manufacturer, out-of-state manufacturer, or out-of-state dealer w ho
sold the unit, which includes
(A) that the selling entity collected California Use Tax; and
(B) the resale license number under which the use tax was submitted
to the Board.
(.3) a purchase document which shows that the unit was purchased in
another state more than 90 days prior to the date the unit was brought into
Calil'ornia.
(4) a statement signed under penalty of perjury by the new registered
owner, which includes:
(A) the unit identifying information;
(B) that the unit was obtained under one of the following circum-
stances;
1. as a gift;
2. from a parent, grandparent, grandchild, child, or spouse and the
name of the parent, grandparent, grandchild, child or spouse being added
to or deleted from the title record of the unit;
3. from a brother or a sister; and that both the buyer and seller are mi-
nors related by blood or adoption
4. as a result of an inheritance;
.'S. pursuant to a court order, provided that the unit is being registered
in the name of the party named in the court order;
6. a transfer to a revocable trust in which all of the following apply:
A. the seller has an unrestricted power to revoke the trust;
B. the sale does not result in any change in the beneficial ownership
of the property;
C. the trust provides that upon revocation of the tmst the property will
revert wholly to the seller, and;
D. the only consideration for the sale is the assumption by the trust of
an existing loan for which the tangible personal property being trans-
ferred is the sole collateral for the assumed loan.
(C) if the unit was purchased from a relative, that the seller is not en-
gaged in the business of selling the type of property for which the exemp-
tion is claimed.
NOTK: Authorilv cited: Sections 18ULS and 1 807.S. Health and Safety Code. Ref-
erence: Section i 8 1 23. Health and Safety Code: and Sections 6285 and 6292, Rev-
enue and Taxation Code.
Hl.STORY
1 . New section filed 12-31-97: operative 1-1-98 pursuant to Government Code
section 11 -343.4(d) (Register 98. No. 1).
:|= =1;
Page 260.44
Register 98, No. 14; 4-3-
^
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Chapter 5.5. Qualification for Public Benefits
Vol. 33
THOIVISOM
*
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Qualification for Public Benefits
Table of Contents
Chapter 5.5 Qualification for Public Benefits
Table of Contents
Page
Chapter 5.3.
Qu
alification lor Public
Be
nelils
"•60.4.^
i^ .^802.
Authoiily aiul Purpose.
S ^804.
Applicalioii.
S .^806.
Dcfinilions.
!^ .S8()8.
Noncliscrifninalion.
^ 5810.
Eligibility RequiicnicMits for Public
Bencfils.
i^ 3812.
Time ol hligibiiilv Dclcrminalioii;
Pcrioti ot RITcct ol a Public Hcnclii
§ .3814.
Rcspoiisibilitv tor Hligibililv
Delerniination.
ij -3816.
Mctln)cl t)t' Dclciininiiiii Klicibiliis.
ii .3818.
Appeals.
i^ 3820.
Appeals.
Page i
Title 25
Qualification for Public Benefits
5^ 5806
Chapter 5.5.
Qualification for Public
Benefits
§ 5802. Authority and Purpose.
(a) The Personal Responsibility and Work Opporlunity Rcconeilialion
Ael of 19% (Pub. L. No. 104-193, 8 U.S.C. § 1621 ). among other provi-
sions, requires that receipt ol' public benefits be limited to U.S. cili/ens
and qualilied aliens. Public benefits provided by slate governments arc
subject to this federal Act.
(h) The purpose of this chapter is it) implement this requirement by es-
tablishing procedures for verifying the citizenship or qualified alien sta-
tus of beneficiaiies or prospectixe beneficiaries of certain housing regu-
latory programs administered by the Department of Housing and
Community Development (hereinafter "the Department").
NOM,: Aiithoniv cited: .Sections I7()(B.ri. 17020. 1801.^. 18020. 18.^00. iWMO
and 1 W9 1 ..^. Health and Safety Code; and .Section 1 3376. Govcmmeni Code. Ref-
erence: 8 U.S.C. .Sections 162"l. 1641 and 1642; .Sections 1700.3. .s. 17020. 1801.S.
18020. \HM)iX IWMOand 19941.3. Health and ,Salet\ Code; and .Section 15.376.
Government Code.
HlsrORY
1. New chapter .5. .3 (sections .5802-5820) and section filed 3-20-98 as an emer-
gency; operative 4-6-98 (Register 98. No. 12). A Certitleate of Compliance
nuist be iransmilled loOAL by 8-4-98 or emergency language will be repealed
hy operation of law on the following day.
2. New ehapter 5.5 (sections 5802-5820) and section rellled 8-4-98 as an emer-
gency; operative 8-4-98 (Register 98. No. 32). A Certificate of Compliance
must be iransniitted lo OAL by 12-2-98 or emergency language will he re-
pealed by operation of law on the following day.
3. Cenil'icate of Compliance as lo 8—4-98 order transmitted loOAL 1 2- 1 -98 and
tiled 1-14-99 (Register 99. No. 3).
§ 5804. Application.
The provisions of this chapter shall apply to the following housing reg-
ulatt)ry programs administered by the Department, with regulations lo-
cated in the Division of Codes and Standards (hereinafter the Division):
(a) Employee Housing (Chapter 1, Subchapter 3, beginning with
i; 600);
(b) Mobilehome Parks (Chapter 2. Subchapters 1 and 2. beginning
with § 1000):
(c) Factory-Built Housing (Chapter 3. Subchapter 1. beginning with
S 3()()0);
(d) Manufactured Housing (Chapter 3. Subchapter 2, beginning with
i^ 4000);
te) Occupational Licensing (Chapter 4. Subchapter 1, beginning with
S 5000, and Subchapter 2. commencing with § .5300).
NOTI;: Authority cited: Sections 17003.5. 17020. 18015, 18020. 18300, 19990
and 1 999 1.3. Health and Safety Code; and .Section 1 5376. Government Code. Ref-
erence: 8 U.S.C. Sections 162'l. 1641 and 1642; Sections 17003.5. 17020. 18015.
18020, 18,^00, 19990 and 19991.3. Health and .Safety Code; and Section 15376,
Government Code.
History
1. New section filed .3-20-98 as an emergency; operative 4-6-98 (Register 98.
No. 12). A Certifieale 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.
2. New section rellled 8-4-98 as an emergency; operative 8-4-98 (Register 98.
No. 32). A Cenillcale of Compliance must be transmitted to OAL by 12-2-98
or emergency language will be repealed by operation of law on the lollowing
day.
3. Certificate of Compliance as to 8-4-98 order liansmitted to OAL 12-1-98 and
filed 1-14-99 (Register 99. No. 3).
§ 5806. Definitions.
The following definitions shall apply to this chapter:
(a) "Alien" means any person not a citizen or national of the United
Stales.
(b) "Applicant" means a person applying for a public benefit subject
to this chapter. "Applicant" does not include a partnership or a corpora-
tion.
(c) "Department" means the California Department of Housing and
Community Development.
(d) "Enforcement Agency" means the department or. for purposes of
the Employee Housing regulatit)ns (Chapter 1. Subchapter 3. beginning
with § 600). an enforcement agency as defined in § 1 7007 of the Health
and Safety Code. or. lor purposes of the Mobilehome Parks regulations
(Chapter 2, Subchapters 1 and 2. beginning v\'ilh ^j 1000). an enforce-
ment agency as defined in § 18207 oi'the Health and Safety Code.
(e) "INA" means ihe immigration and Nationality Act (8 L .S.C.
S 1101 CI sec/.).
(f) "INS" means the United States Immigralion and Naturalization
Service.
(g) "Nonimmigrant" means the same as in Section l()l(a)( 15) of the
INA (8 U.S.C. §^101 (a)(15)).
(h)"PRWORA" means the Personal Responsibility and Wt)rk ()ppt)i-
tunity Reconciliation Act of 1996 (Pub. L. No. 104-193. 8 U.S.C.
§ 1621).
(i) "Public Benefit" means any of the folk)v\ing:
( 1 ) A permit to operate employee housing, including a permit renewal,
multiple year permit or a conditional permit, obtained under Employee
Housing regulations. Article 4 of Chapter 1 of this Division, beginning
with § 63 1 :
(2) A permit to operate a iriobilehonie park or special occupancy park,
obtained under Mobilehome Parks Act regulatit)ns. Chapter 2 of this Di-
vision, beginning with § 1000:
(3) A certification by the Department of a design approval agency,
quality assurance agency, or quality assurance inspector, obtained under
Factory-Built Housing regulations. Subchapter I of Chapter 3 of this Di-
vision, beginning with § 3000:
(4) A certification by the department of a design approval agency,
quality assurance agency, or quality assurance inspector, obtained under
Manufactured Housing regulations, Arlicle 5 of Subchapter 2 of Chapter
3 of this Division, beginning with § 4850.
(5) An occupational license, temporary permit, instructor approval, ov
9()-day certificate issued by the department to a manufacturer, dealer,
distributor, salesperson, 9()-day certificate holder, course provider, or in-
structor, obtained under Manufactured Housing Sales, Occupational Li-
censing and Education regulations. Subchapter 1 of Chapter4 of this Di-
vision, beginning with § 5000. or Subchapter 2 of Chapter 4 of this
Division, beginning with § 5300.)
(j) "Qualified Alien" means an alien who. at the time he or she applies
for, receives, or attempts to receive a public benefit, is, under Section
431(b) of the PRWORA (8 U.S.C. § 1641(b)), any of the following:
( 1 ) An alien who is lawfully admitted for permanent residence under
the INA (8 U.S.C. § 1101 ei scq.);
(2) An alien who is granted asvlum under Section 208 of the INA (8
U.S.C. § 1158);
(3) A refugee who is admitted to the United Stales under Section 207
of the INA (8 U.S.C. § 1157):
(4) An alien who is paroled into the United States under Section
212(d)(5) of the INA (8 U.S.C. § 1 182(d)(5)) for a period of at least one
year;
(5) An alien whose deportation is being withheld under Section 243(h)
of the INA (8 U.S.C. § 1253(h)) (as in effect immediately before the ef-
fective dale of section 307 of di vision C of Public Law 104-208) or Sec-
tion 241(b)(3) of .such Act (8 U.S.C. § 1251(b)(3)) (as amended by .Sec-
tion 305(a) of division C of Public Law 104-208);
(6) An alien who is granted conditional entry pursuant to Section
203(a)(7) of the INA as in effect prior to April 1, 1980 (8 U.S.C.
§ 1 153(a)(7)). (See editorial note under 8 U.S.C. i^ 1 101. "Effective
Dale of 1980 Amendment.");
(7) An alien who is a Cuban or Haitian entrant (as defined in section
501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C.
§ 1522 note));
(8) An alien who meets all of the conditions of subparagraphs ( A ). (B),
(C). and (D) below:
Page 260.45
Register 99. No. 3; 1-15-99
§ 5806
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
I A) The alien has been battered or subjected to extreme cruelty in the
United Slates by a spouse or a parent, or by a member of" the spouse's or
parent's family residing in the same household as the alien, and the
spouse or parent of the alien consented to. or acquiesced in, such battery
or cruelly. For purposes of this subsection, the term "battered or sub-
jected to extreme cruelty" includes, but is not limited to. being the victim
of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or mental injury. Rape,
molestation, incest (if the victim is a minor), or forced prostitution shall
be considered acts of violence.
(B) In the opinion of the enforcement agency there is a substantial con-
nection between such battery and cruelly and the need for the benefits to
be provided. For purposes of this subsection, the following circum-
stances demonstrate a substantial connection between the battery or
cruelty and the need for the benefits to be provided:
1 . The benefits are needed to enable the alien to become self-sufficient
following separation from the abuser.
2. The benefits are needed to enable the alien to escape the abu.ser and/
or the community in which the abuser lives, or to ensure the safety of the
alien from the abuser.
3. The benefits are needed due to a loss of financial support resulting
from the alien's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job perl'ormance resulting
from the battery or extreme cruelly or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien to lose his or her job or to earn less or to require the
alien to leave his or her job for safety reasons.
5. The benefits are needed because the alien requires medical attention
or mental health counseling, or has become disabled, as a result of the
battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of
income or fear of the abuser following separation from the abuser jeopar-
dizes the alien's ability to care for his or her children (e.g., inability to
house, feed, or clothe children or to put children into a day care facility
for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting
from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy
resulting from the abuser's sexual assault or abuse of, or relationship
with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien had when liv-
ing with the abuser.
(C) The alien has been approved or has a petition pending which sets
forth a prima facie case for:
1. status as a spouse or child of a United Stales citizen pursuant to
clause (ii), (iii), or (iv) of Section 2t)4(a)(l)(A) of the INA (8 U.S.C.
§ ll54(a)(l)(A)(ii), (iii)or(iv));
2. classification pursuant to clause (ii) or (iii) of Section 2()4(a)( I )(B)
o\' the INA (8 U.S.C. § 1 154 (a) ( I ) (B) (ii) or (iii)):
3. suspension of deportation pursuant to § 244(a)(3) of the INA (8
U.S.C. § 1254) as in effect prior to April 1. 1997 [Pub.L. 104-208. sec.
501 (effective September 30. 1996. pursuant to sec. 591): Pub.L.
104-208. sec. 304 (effective April 1 , 1997, pursuant to sec 309): Pub.L.
105-33. Sec. 5581 (effective pursuant to sec. 5582)] (incorrectly codi-
fied as cancellation of removal under section 240A of such Act [8 USCS
sec. 1229bl (as in effect prior to April 1, 1997);
4. status as a spouse or child of a United States citizen pursuant to
clause (i) of Section 204 (a) (1 ) (A) of the INA (8 U.S.C. § I 154 (a) (1)
(A)(i) or classification pursuant to clause (i) of Section 204 (a)(1)(B) of
the INA (8 U.S.C. § I 154 (a) (1) (B)(i)), or
5. cancellation of removal pursuant to section 24()(b)(2)(A) of the INA
(8 U.S.C. § 1229(b)(2)).
( D) For the period for which benefits are sought, the individual respon-
sible for the battery or cruelly does not reside in the same household or
family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), ( B),
(C), (I)) and (E) below:
( A ) The alien has a child who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent of the alien (without
the active participation of the alien in the battery or cruelty), orby a mem-
ber of the spouse's or parent's family residing in the same ht)usehold as
the alien, and the spouse or parent consented or acquiesced to such bat-
tery or cruelty. For purposes of this sub.section, the term "battered or sub-
jected to extreme cruelty" includes, but is not limited to being the \ ictim
of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or mental injury. Rape,
molestation, incest (if the victim is a minor), or forced prostitution shall
be considered acts of violence.
(B) The alien did not actively participate in such battery or cruelly;
(C) In the opinion of the enforcement agency, there is a substantial
connection between such battery or cruelty and the need for the benefits
to be provided. For purposes of this subsection, the following circum-
stances demonstrate a substantial connection between the battery or
cruelty and the need for the benefits to be provided:
1 . The benefits are needed to enable the alien's child to become self-
sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's child to escape the
abuser and/or the community in which the abuser lives, or to ensure the
safety of the alien's child from the abuser.
3. The benefits are needed due to a loss of iinancial support resulting
from the alien child's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or Irom legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien's child to lose his or her job or to earn less or to re-
quire the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's child requires medical
attention or mental health counseling, or has become disabled, as a result
of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of
income or fear of the abuser following separation from the abuser jeopar-
dizes the alien's child's ability to care for his or her children (e.g.. inabil-
ity to house, feed, or clothe children or to put children into a day care fa-
cility for fear o\' being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting
from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy
resulting from the abuser's sexual assault or abuse of, or relationship
with, the alien's child and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien's child had
when living with the abuser.
(D) The alien meets the requirements of subsection (j)(8)(C) above;
(E) For the period for which benefits are sought, the individual respon-
sible for the battery or cruelty does not reside in the same household or
family eligibility unit as the individual subjected to the battery or cruelty.
( 10) An alien child who meets all of the conditions of subparagraphs
(A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has
been battered or subjected to extreme cruelty in the United States by that
parent's spou.se or by a member of the spouse's family residing in the
same household as the parent and the spouse consented or acquiesced to
such battery or cruelty. For purposes of this subsection, the term "battered
or subjected to extreme cruelty" includes, but is not limited to being the
victim of any act or threatened act of violence including any forceful de-
Page 260.46
Register99, No. 3; 1-15-99
Title 25
Qualification for Public Benefits
5^5812
teniion. which resuhs or ihrealcns to result in physical or mental injury.
Rape, niolesiaiioii. incest (if the victim is a minor), or I'orced prostitution
shall be considered acts of violence.
(B ) in the opinion of the enforcement agency there is a substantial con-
nection between such battery or cruelty and the need for the benefits to
be provided. For purposes of this subsection, the following circum-
stances demonstrate a substantial connection between the battery or
cruelty and the need for the benefits to be provided:
1 . The benellts are needed to enable the alien child's parent to become
self-sulTicienl following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape
(he abuser and/or the conmuinity in which the abuser lives, or to ensure
the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting
from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or iVom legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the ahen child's parent to lose his or her job or to earn less
or to require the alien child's parent to leave his or her job for safety rea-
sons.
.'i. The benefits are needed because the alien child's parent requires
medical attention or mental health counseling, or has become disabled.
as a result ol' the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of
income or fear of the abuser following separation from the abuser jeopar-
dizes the alien child's parent's ability to care for his or her children (e.g..
inability to house, feed, or clothe children or to put children into a day
care facility for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting
from the abuse or following separation from the abuser.
8. The benefits arc needed to provide medical care during a pregnancy
resulting from the abuser's sexual assault or abuse of, or relationship
with, the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed lo
replace medical coverage or health care services the alien child's parent
had when living with the abuser.
(C) The alien child meets the requirements of subsection (j)(8)(C)
above.
(k) "Unqualified Alien" means an alien who is not a qualified alien.
NOTh: Authority cited: Sections 17003.5, 17020, 18015. 18020. 18300. 19990
and 1999 1. 3, Health and Safety Code; and Section 15376, Government Code. Ref-
erence: 8 U.S.C. Sections 1621. 1641 and 1642; Sections 17003.5, 17020, 18015,
18020. 18300. 19990 and 19991.3. Health and Safety Code; and Section 15376.
Government Code.
History
1. New section 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.
2. New section retlled 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 follov/ing
day.
3. Certificate of Compliance as to 8-4-98 order, including amendment of subsec-
tions (j)(9)(r)) and (^i)(10)(C) and redesignation of former subsection (j)(10;)(D)
as subsection (k ), transmitted to OAL 1 2-1 -98 and filed 1-14-99 (Register 99.
No. 3).
§ 5808. Nondiscrimination.
All eligibility requirements contained in this chapter shall be applied
without regard to the race, creed, color, gender, religion, age, disability,
familial status or national origin of individuals applying for public bene-
fits.
NOTE: Authority cited: Sections 17003.5. 17020, 18015. 18020. 18300, 19990
and f 999 1. 3. Health and Safety Code; and Section 15376, Government Code. Ref-
erence: 8 use. Sections 162J . 1641 and 1642; Sections 17003.5, 17020, 18015,
18020. 18.300. 19990 and 19991.3. Health and Safety Code; and Section 15376.
Govern meni Code.
HfS'lOR^
1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98.
No. 12). A Certificate of Compliance must be transmilled to OAL by 8-4-98
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 8-4-98 as an emergency; operalive 8-4-98 (Register 98.
No. 32). A Certificate of Compliance must be transmitted loOAL by 12-2-98
or emercency laneuaue will be repealed by operation of law on the follow in>j
day.
3. Certificate of Compliance as to 8—1-98 order, includinti anienciment ol section.
transmitted to OAL 12-1-98 and filed 1-14-99 (Regi'ster 99. No. 3)
§ 5810. Eligibility Requirements for Public Benefits.
(a) Eligibility must bedetennined for each recipient of a public benefil
subject to this chapter.
(b) To be eligible to receive a ptiblic benefit subject to this chapter, a
person must be a United States citi/,en or national, or. pursuant lo Section
41 1 of the PRWORA. one of the following: (Da qualified alien: (2) a
nonimiTiigrant alien underthelNA;ort.^)an alien who is paroled intt)lhe
United States under § 212(d)(5) of the INA (8 U.S.C. § 1 l82(dH.5)) for
less than one year.
(c) An alien shall be entitled to retain a public benefit under this chap-
ter only so long as he or she is a qualified alien.
NOTH. Authonty cited; Sections 17003.5. 17020. 180f5. 18020. f83()0. 19990
and 19991 .3. Health and Safety Code; and Section 1 5376, Government CikIc. Rci-
erenee: 8 U.S.C. Sections I62L 1641 and 1642; Sections 17003.5. 17020. 18015.
f8020. 18300. 19990 and 19991.3. Health and Safety Code; and .Section 15376.
Govemment Code.
History
1. New section tiled 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 taw on the following
day.
2. New section refiled 8-4-98 as an emergency, including amendment of subsec-
tion (b); operative 8^-98 (Register 98. No. 32). A Certificate of Compliance
must be transmitted to OAL by 12-2-98 or emergency language will be re-
pealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order transmitted to OAL f 2- 1-9S and
filed 1-14-99 (Register 99, No. 3).
§ 5812. Time of Eligibility Determination; Period of Effect
of a Public Benefit.
(a) Eligibility of an applicant shall be determined at the lime of appli-
cation for a public benefit, prior to issuance of the public benefit being
applied for, except as provided in Section 5816(g). If the enforcement
agency investigates an applicant and does not determine that the appli-
cant is eligible to receive public benefits pursuant to this chapter, the pub-
lic benefit shall be denied, except as provided in Section 5816(g).
(b) Except as provided in Section 5816(g), the continuing eligibility
for public benefits of a person who has received a public benefil prior to
the effective date of these regulations shall be established prior to an en-
forcement agency's approval of any renewal or other change concerning
the public benefit which, pursuant to program regulations, requires the
enforcement agency's prior approval. If a person fails to establish eligi-
bility, the enforcement agency shall withhold its approval of the renewal
or other change, except as provided in Section 58 16(g). Under no circum-
stances may a public benefit provided to a person be transferred lo an un-
qualified alien, nor may a public benefit be used in a manner which would
allow an unqualified alien to be a beneficiary.
(c) All determinations of ineligibility shall be promptly transmilled lo
the applicant in writing, and shall include the reasons for the determina-
tion and a summary of the applicable appeal procedures set forth in sec-
tion 5818.
NOTE: Authority cited: Sections 17003.5. 17020. 18015. 18020. 18.300. 19990
and 1999 1.3. Health and Safety Code; and Section 15376, Govemment Code Ref-
erence: 8 U.S.C. Sections 1621. 1641 and 1642; Sections 17003.5. 17020. 18015,
18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376,
Govemment Code.
History
1. New secUon filed 3-20-98 as an emergency; operative 4-6-98 (Register 98.
No. 12). A Certificate of Comptiiince must be transmitted to OAL by 8-4-98
or emergency language will be repealed hy operalion of law on tt\e lollowing
day.
2. New section refiled 8^-98 as an emergency; operative 8-4-98 (Register 98,
No. 32). A Certificate of Compliance must be transmitted to OAL b\ 12-2-98
Page 260.47
Register 99, No. 3; 1-15-99
§ 5814
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
or emercencv lanuuase will be repealed bv operation ol law on the tollowint;
day.
3. Cerlit'ieate of Complianee as to 8-4-98 order, including amendment orsubsec-
tion (c). transmitted to OAL 12-1-98 and tiled 1-14-99 (Register 99. No. 3).
§ 5814. Responsibility for Eligibility Determination.
(a) Eligibility of an applicant shall be determined by the enforcemcnl
agency, as part of its ongoing piogiam enforcement responsibilities. An
enforcement agency other than the department may refer the verification
of alien applicants to the department by transferring to the department's
Division of Codes and Standards copies of all documentation presented
by the applicant and the department's fee piirsLiant to subdivision (d) of
Section 5814. Each enforcemenl agency which is performing verifica-
tions shall maintain the appropriate documentation for each recipient of
public benefits or applicant whose eligibility it has determined. Where
the eligibility of an applicant for a public benefit has already been veri-
fied as part of an eligibility process for another program subject to
PRWORA, that verification shall be deemed adequate for purposes of
this chapter, and documentation of such verification shall be maintained
in the applicant's file.
(b) The failure of a local enforcement agency which is performing ver-
ifications to perform eligibility verifications as required by this chapter
may. in the department's discretion, be considered a failure to perform
the duties of an enforcemenl agency under applicable program regula-
tions.
(c)Any enforcement agency other than the department which verifies
eligibility may charge applicants a reasonable fee for determining eligi-
bility, not to exceed the actual cost of perforining the verification. When
an enforcement agency other than the department refers the verification
of an applicant's eligibility to the department as provided in subdivision
(a), the enforcement agency shall collect from the applicant and transmit
to the department the fee pursuant to subdivision (d).
(d) The department may charge a fee of $13.00 for each verification
it performs.
(e) An enforcement agency, including the department, shall not be li-
able for any acUon, delay, error or failure by the INS in operating the Sys-
tematic Alien Verification for Endtlements (SAVE) system or any oth^
verification process, or by any other public agency to which the enforce-
ment agency applies to obtain inforinafion the enforcement agency
deems necessary to its determinafion of the eligibility of an applicant to
receive public benefits.
NOTIZ: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990.
19991.3 and 50406(f), Health and Safety Code; and Section 15376, Government
Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5.
17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and
Section 15376, Government Code.
History
1. New section 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.
2. New section refiled 8-4-98 as an emergency; operative 8-^-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.
3. Certificate of Compliance as to 8-4-98 order transmitted to OAL 1 2-1-98 and
filed 1-14-99 (Register 99, No, 3).
§ 5816. Method of Determining Eligibility.
(a) To be considered for eligibility, an applicant shall declare his or her
status as a United States cifizen or national, a qualified alien, a nonimmi-
grant alien, or a parolee to the United States by completing and signing
the "Statement of Cifizenship. Alienage, and Immigrafion Status for
State Public Benefits", Form HCD-Benefit Status Form 1 ("HCD Form
1"). 8/98 version, which is hereby incorporated into these regulations by
reference and will be provided by the department.
(b) The applicant shall present documents of a type acceptable to the
INS. as described in List A of HCD Form I (8/98) in the case of an appH-
cant who is a cifizen or national, or List B of HCD Form 1 (8/98) in the
case of an applicant who is an alien, as evidence of the applicant's de-
clared status at the dme of application. The enforcement agency may ac-
cept copies of listed documents as evidence if in its judgment the docu-
ments copied reasonably appear to be genuine and to relate to the
applicant. A fee receipt from the INS for replaceinenl of a lost, stolen, or
unreadable INS document is reasonable evidence of an alien's declared
status. Where the documents reasonably appear to be genuine and to re-
late to the applicant, the applicant shall be considered eligible for the pub-
lic benefit.
(c) If the docutnents presenied do not on their face appear to be genuine
or to relate to the itidividual presenUng them, the enforcement agency
shall contact the government entity that originally issued the documents
for verification. In the case of naturalized citizens, derivative citizens
presenting certificates of citizenship, and aliens, the INS is the appropri-
ate government entity to contact for verification. The enforcement
agency shall request verificaUon from the INS by filing INS Form G-845
or its succes.sor. with copies of the pertinent documents provided by the
applicant, with the local INS office. If an applicant has lost his or her orig-
inal documents or presents expired documents or is unable to present any
documentation evidencing his or her immigration status, the applicant
shall be referred to the local INS office to obtain documentation.
(d) The following documents presented by applicants shall be referred
to the INS for verification:
(1) A document which indicates immigrafion status but does not in-
clude an alien registration or alien admission number.
(2) A document which is suspected to be counterfeit or to have been
altered.
(3) A document which includes an alien registraUon number in the
A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing)
series.
(4) A document which is one of the following: an INS Form I-]81b
noufication letter issued in connecUon with an INS Form 1-181 Memo-
randum of Creation of Record of Permanent Residence, an Arrival-De-
parture Record (INS Form 1-94) or a foreign passport stamped "PRO-
CESSED FOR 1-551, TEMPORARY EVIDENCE OF LAWFUL
PERMANENT RESIDENCE," that INS issued more than one year be-
fore the date of application for a public benefit subject to this chapter.
(e) If the INS advises that the applicant is a cifizen, a nafional, or has
immigrafion status which makes him or her a qualified alien under the
PRWORA, the INS verification shall be accepted. II" the INS advises that
it cannot verify that the applicant is a cifizen. a national, or a qualified
alien, benefits shall be denied and the appHcant nofified of the denial and
of his or her right to appeal the denial pursuant to Secfion 5818.
(f) Pursuanito Secfion 434 of the PRWORA (8 U.S.C. § 1 644). where
the enforcement agency reasonably believes that an alien is unlawfully
in the State based on the failure of the alien to provide reasonable evi-
dence of the alien's declared status, after an opportunity to do so, that
alien shall be reported to the INS.
(g) If an applicant provides the enforcement agency with all informa-
Uon required by subdivisions (a) and (b), and following review of this in-
formafion the enforcement agency determines that no further action is
necessary to determine the applicant's eligibility, the applicant shall be
considered eligible for public benefits. However, if the enforcement
agency determines that further action is necessary, the applicant shall be
considered eligible for a temporary permit, certificafion or license as spe-
cified below, until and unless the enforcement agency receives written
confirmafion from the INS. or determines based on other information re-
ceived, that the apphcant is not eligible for a public benefiL
( 1 ) The enforcement agency shall issue the applicant a temporary per-
mit, cerfification or license, valid for a period not to exceed 180 days,
which may be extended for one additional period of not more than 180
days.
(2) If the enforcement agency later determines the applicant is eligible
to receive the public benefit applied for, it shall issue the applicant a per-
mit, certification or license which is valid for the normal period, as pro-
vided in the applicable program statutes and regulafions, beginning with
the date of issuance of the temporary permit, certificafion or license.
Page 260.48
Register 99, No. 3; 1- 15-99
Title 25
Qualification for Public Benefits
5} 582(1
(3) lllhc cntbrceiiicnl agency later determines the applicant is not eli-
gible to receive the public benefit applied for, the temporary permit, certi-
fication or license shall become void 30 days after the date of the determi-
nation of ineligibility. The enforcement agency shall promptly notify the
applicant by first-class mail of the determination and the date on which
the temporary permit, cerlification or license shall become void, and
promptly thereafter shall ascertain whether the applicant has ceased the
activity authorized by the temporary permit, certification or license.
Nori:; Aulhority cited: Sections 17003.3. 17020. 1801.3. 18020. 18,300. 19W0
and 1 WO 1 ..^i, Heallli and Safety Code; and Section 1 .3376. Government Code. Ref-
erence: 8 Ll.S.C. Sections 162'l. 1641 and 1642: Sections 17003.3. 17020. 18013.
18020. 18.^00. 19990 and 19991.3. Health and Safety Code: and Section 13376.
Govenirnenl Code.
Hl.srORY
1. New section filed 3-20-98 as an emergency: operative 4-6-98 (Register 98.
No. 12). A Cenificale of Compliance must be transmitted to OAL by 8-4-98
01 cmer'jcncv laneuaa' will be repealed bv operatit)n t)f law on the followiiiir
day.
2. New .section rei'iled 8-4-98 as an emergency: operative 8-4-98 (Register 98.
No. 32). A Ceilificaie 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.
3 Certilie;iie of Compliance as to 8-4-98 order, including amendment of subsec-
tions (a), (b) and (e). tiansmitted to OAL 12-1-98 and tiled 1-14-99 (Resister
99. No. 3).
§5818. Appeals.
(a) .Any person determined to be ineligible to receive public benefits
by an enforcement agency pursuant to this chapter may appeal thai deter-
mination as provided in this section.
(b) To be considered, an appeal must: (I ) be submitted in writing to ihe
enforcement agency that perfortrted the eligibility verification: (2) be de-
livered to the department by the applicant, by a messenger service, or by
U.S. Mail, within 10 calendar days from the date of the written determi-
natit)n of ineligibility, as evidenced by either the date of receipt when de-
livered by the applicant, or by a Postmark or equivalent dale on the mes-
senger service delivery envelope; and (3) slate the reason(s) the person
believes the determination was in error.
(c) The enforcement agency shall follow ihe appeal procedures set
forth in this subdivision:
( 1 ) Upon receipt of an appeal, the verifying enforcement agency shall
conduct an administrative review of the decision being appealed, includ-
ing all documentary information submitted by the appellant in support of
his or her appeal. Within 15 calendardaysof receipt of an appeal, the ad-
ministrative review shall be completed and a written notice issued to the
appellant either that the appellant has been found eligible to receive bene-
fits, or that the appellant has been found ineligible to receive benefits and
the date, time and location at which a hearing will take place. The hearing
tTiay be by telephotie or in person, in which case the hearing will be held
in the general geographic area where the benefit would have been con-
ferred.
(2) The enl'orcemenl agency shall appoint an employee other than the
person who performed the initial verillcation to serve as Hearing Officer.
The program providing the benefit applied for may he. but is not required
lo he, represented at the hearing.
(3) The Hearing Officer tnay determine the relevance of the informa-
tion or testimony, may limit the length of presentations, and may ejeci
threatening or abusive persons from the hearitig. The Hearing Officer
may request additional evidence, proof, or dt)cumentation from the ap-
pellant at the time of the hearing, or thereafter, and shall set a time after
which no additional infortnation will be accepted.
(4) The authority of ihe Hearing Officer shall be limited to determina-
tions of eligibility pursuant to this chajner, and he or she shall ha\e no
aulhority to overrule any finding or decision of the INS. Pending the
Hearing Officer's decision, any discretionary action regarding eligibility
for public benefits shall he stayed, if, during the appeal process, the ap-
pellant is found lo be ineligible to receive benelils under the program
applied under for reasons other than those set forth in this subchapter, the
appeal shall be dismissed.
(5) The Hearing Officer shall render a decision in willing within 1.3
working days after the hearing, and this will be a final administrative de-
cision.
(6) The hearing shall be recorded, but only transcribed w here the \'eri-
fying entity deems it necessary. Tapes shall be retained for one year after
a decision is reached.
NOTF.: Authority cited: Sections 17003.3. 17020. 18013. 18020. 18300. 19990
and i 999 1 .3. Health and Safety Code: and Section 1 3376, Government Code. Ref-
erence: 8 U.S.C. Sections 162'l. 1641 and 1642; .Sections 17003.3. 17020. 18013.
18020, 18300, 19990 and 19991.3, Health and Safety Code; and .Section 13376.
Government Code.
History
1. New section 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.
2. New section 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 lollowmg
day.
3. Certificate of Compliance as to 8-4-98 order, including repealer of former sec-
tion 3818 and renumberinc of former section 3820 to new section 38 1 8. trans-
mitted to OAL 12-1-98 and filed 1-14-99 (Register 99. No. 3).
§ 5820. Appeals.
NOTH: Authority cited: Sections 17003.3. 17020. 18013. 18020. 18300. 19990
and 1999 1.3, Health and Safety Code; and Section 13376, Government Code. Ref-
erence: 8 U.S.C. Sections 1621. 1641 and 1642; Sections 17003.3. 17020. 18013.
18020, 18300. 19990 and 19991.3. Health and Safety Code: and Section 13376.
Government Code.
History
1. New section 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.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98.
No. 32). A Certificate of Compliance must be transmitted lo OAL by 12-2-98
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as lo 8—4-98 order, including renumbering ol lormer
section 3820 to new section 3818, transmitted to ()AL 12-1-98 and filed
1-14-99 (Register 99, No. 3).
■■¥ -4- -l^
Page 260.49
Register 99, No. 3; 1-15-99
.s.
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Chapter 6. Department of Housing and Community Development Programs
Vol. 33
TMOIVISOIM
—^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Department of Housing and Community Development Programs
Table of Contents
Chapter 6. Department of Housing and Community Development Programs
Table of Contents
Page
Page
Subchaplcr 1. Relocation Assistance and
Real Property
§ 6098.
Article 1.
General
§ 6000.
Order of Adoption.
§ 6002.
Statement of Purpose and Poliey.
§ 6004,
Applieabilitv and Supersedure.
§ 6006.
Kesulaiion.s.
§ 6008.
Deti nil ions.
§60)0.
Prior Determinations.
§6012.
Citizen Pailieipation.
§6014.
Prerequisite to Displaeement.
§6016.
Remedies.
§6018.
Priority ol Federal Law.
§ 6020.
Severability.
Article 2.
Relocation Assistance
§ 6044
§ 6046
§ 6048
§ 6050
§ 6052
§ 6054
§ 6056
§ 6058
§ 6060
Article 3.
§ 6080
§ 6082
§6084
§6086
§ 6088
§ 6090
§ 6092
§ 6094
;;6i
§6
00
§6
02
§6
04
§6
06
§6
08
§6
10
§6
12
§6
14
Article
4.
§6
20
§6
22
Advisory Program and
Assurance of Comparable
Replacement Housing 264
§ 60.^0. Purpose.
§ 6032. Reloeation Assistance Advisory
Program.
§ 60.34. Eligibility.
§ 60.36. Rehabilitation and Demolition.
§ 6038. Reloeation Plan.
§ 6040. Minimum Requirements of
Reloeation Assistance Advisoi"y
Program.
§ 6042. Replacement Housing Prior to
Displacement; Notices to Displaced
Persons.
Temporary Move.
Informational Program.
Survey and Analysis of Relocation
Needs
Failure to Conduct Timely and
Fffeetive Survey.
Survey and Analysis of Available
Relocation Resources.
Last Resort Housing.
Termination of Relocation
Assistance.
Eviction.
Evaluation of Relocation.
Relocation Payments 269
Purpose.
Relocation Payments by Public
Entity
Basic Eligibility Conditions.
Notice of Intent to Displace.
Filing of Claims; Submission of Tax
Returns.
Actual Reasonable Moving
Expenses.
Actual Direct Losses of Tangible
Personal Property.
Actual Reasonable Expenses in
Searching /'or a Replacemcnf
Business or Farm.
§ 6096. Moving Expenses — Outdoor
Advertisins Businesses.
§6
§6
§6
§6
§6
§6
§6
§6
Alternate Payments — Individuals
and Families.
Alternate Payments — Businesses
and Farm Operations.
Replacement Housing Payments for
Homeowners.
Replacement Housing Payments for
Tenants and Certain Others.
Proration of Payments.
Condition of Replacement
Dwelling.
CertiUcate of Eligibility.
Manufactured Homes and
Mobilehomes.
Affected Property.
Last Resort Housing 275
Purpose.
Determination of Need for Last
Reson Housing.
Development of Replaeemeni
Housing Plan.
Submission of Plan tor Comment.
Determination by Displacing Public
Entity of Feasibility and
Compliance.
Implementation of the Replacement
Housing Plan.
Housing Production.
Jointly Sponsored l^evelopment.
Last Resort Housing in Lieu of
Payments.
Conformity with the Act and Other
Statutes, Policies and Procedures.
§6139.
Last Resort Housing.
Article 5.
Grievance Procedures 276 i
§6150.
Purpose.
§6152.
Right of Review.
§6154.
Notification to Complainant.
§6156.
Stages of Review by a Public Entity.
§ 6158.
Formal Review and Reconsideration
by the Public Entity.
§6160.
Refusals to Waive Time Limitation.
§6162.
Extension of Time Limits.
§6164.
Recommendations by Third Parly.
§6166.
Review of Files by Claimant.
§6168.
Effect of Determination on Other
Persons.
§6170.
Right to Counsel.
§6172.
Stay of Displacement Pending
Review.
§6174.
.loint Complainants.
§6176.
Judicial Review.
Article 6.
Acquisition Policies 276.2
§6180.
Purpo,se.
§6182.
Acquisition.
§6184.
Notice of Decision to Appraise.
§6186.
Time of Offer.
§6188.
Notice of Land Acquisition
Procedures.
§6190.
Notice of Public Entitys Decision
Not to Acquire.
§6192.
Incidental Expenses.
§6194.
Short Term Rental.
§6195.
Public Information.
Page i
Table of Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
Page Page
§ 6196. Service of Notice. Subchaplcr 5. Dcparlmenl of Housing and
{^6198. Nonnossessorv Imeresl Excenuon. ^ _ •. r^, i „ ,
' ■ ^ Community Development —
Subehapler 2. Calilornia Low-Income ^ n- , ^■^ t.
^ Connict oi Interest
Home Manaizement Trainini; ^ , ^^,,
Code 279
Pl-^Sram 279 j, ^^q,, General Frov.s.ons.
Subchapter 3. Housing Element Appendix a 280
^ -1 , ■'" ^-,„ Appendix B 280
Guidelmes 279 '^
Subchapter 4. Housing Element
Guidelines 279
Page ii
Title 25
Department of Housing and Community Development Programs
^ 6()()8
Chapter 6. Department of Housing and
Community Development Programs
Subchapter 1. Relocation Assistance and
Real Property Acquisition Guidelines
Article 1. General
S 6000. Order of Adoption.
This subchapter (hereinaficr rel'ened to as the "GLiidelines") is
adopted pursuant to the provisions of Section 41 135, Health and Safety
Code, in order to implement, interpret and to make specific provisions of
Division 7, commencing with Section 7260 of the Government Code
(hereinafter referred to as the '"Act"), relating to relocation assistance,
last resort housing and real property acquisition.
NOTl,; Aulhority cited tor Chapter6: Sections 41 134, 41 135. and 41226, Health
and Safety Code. Reference: Section 7260 et seq.. Government Code; 41 134.
41 13.S. and 41226. Health and Safety Code.
History
1. Amendment tiled 1 1-.S-76 as an emergency; designated effective i 1-27-76
(Register 76. No. 44). For prior history, see Register 76, No. 44.
2. Redesignalion ol Chapter 6 (Sections 6(X)()-6198. not consecutive) to Chapter
6. Subchapter 1 (Sections 6000-6198. not consecutive) hied 1-28-77 as proce-
dural and organizational; effective upon filing (Register 77 No. .S).
3. Amendment fded 1-28-77 as procedural and organizational; elfective upon fil-
ing (Register 77. No. .^).
4. Cenificale of Compliance as to filinii of 1 1-.5-76 filed 2-16-77 (Register 77.
No. 8).
§ 6002. Statement of Purpose and Policy.
(a) The purpose of the Guidelines is to assist public entities in the de-
velopment of regulations and procedures implementing the Act.
(b) The Guidehnes are designed to carry out the following policies of
the Act:
( 1 ) To ensure that uniform, fair and equitable treatment is afforded per-
sons displaced from their homes, businesses or farms as a result of the
actions of a public entity in order that such persons shall not suffer dispro-
portionate injury as a result of action taken for the benefit of the public
as a whole; and
(2) In the acquisition of real property by a public entity, to ensure con-
sistent and fair treatment for owners of real property to be acquired, to
encourage and expedite acquisition by agreement with owners of such
property in order to avoid litigation and relieve congestion in courts, and
to promote confidence in public land acquisition.
(c) A public entity shall not participate in or undertake a project that
will displace individuals from their homes unless comparable replace-
ment dwellings (see subsection 6()08(c)) will be available within a rea-
sonable period of time prior to displacement.
(d) The Guidelines are intended to establish only minimum require-
ments for relocation assistance and payments. They shall not be con-
strued to limit any other authority or obligation which a public entity may
have to provide additional assistance and payments.
(e) The Act and the Guidelines are intended for the benefit of displaced
persons, to ensure that such persons receive fair and equitable treatment
and do not suffer disproportionate injuries as the result of programs de-
signed for the benefit of the public as a whole. The Act, Guidelines and
all applicable regulations on which determinations are based shall be
construed to effect this intent.
§ 6004. Applicability and Supersedure.
(a) Except as otherwise noted in this section, the Guidelines are appli-
cable to all displacement and acquisition occurring on or after theireffec-
live date, January I, 1977.
(b) These Guidelines supersede those adopted by the Commission of
Housing and Community Development on October 17, 1973. The guide-
lines so superseded shall not apply to any displacement oracqiusilion oc-
curring on or after the effective date ol' these Guidelines. Any such dis-
placement or acquisition shall be governed solely by these Guidelines
and the California Relocation Act, found at Government Code section
7260 et seq.
The provisions of these Guidelines, however, shall not be ct)nslrued
retroactively lo apply to action(s) undertaken by a public enliiy prior lo
their effective date where the purpose of the action was to fulfill obliga-
tions imposed by the Act and the action is in compliance with the require-
ments of the Act and the existing Guidelines. For the purpose of this sec-
lion the term "action" shall include but is not limited to: (he provisit)n of
information, notice, other assistance, comparable replacemeni housing,
payments and other benefits: the preparation of relocation and last resort
housing plans, including the survey and analysis of needs and resources;
the processing of grievances: and the various steps taken in connection
with the acquisition o\' property for public use.
These guidelines shall apply lo relocation plans and notices lo displa-
cees subsequent to the effective date of any regulatory provision. The
right of displacees shall not be reduced in reliance on any amendment to
these guidelines where it may he demonstrated that the displacee has
acted in reliance on a notice given to that household prior to the efl'ecti ve
dale of any guideline.
(c) To the extent thai these Guidelines are from time to time amended,
the amendments shall be effective prospectively from the dale that they
become effective.
NOTE: Authority cited: Section .^0460, Health and Safety Code. Reference: Ar-
ticle 4. Section 8, California Constitution.
Hlstory
1 . Amendment of suhsection (b) fded 1 1 -,S-76 as an emereencv; desiiinaled effec-
tive 1 1-27-76 (Register 76. No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77. No. 8).
3. Amendment of section and new Non filed 8-1 2-97; operative 9- 1 1 -97 ( Regis-
ter 97. No. 33).
§ 6006. Regulations.
(a) Each public entity before undertaking or participating in activity
which will result in the displacement of persons shall adopt rules and reg-
ulations that implement the requirements of the Act. are in accordance
with the provisions of the Guidelines, and prescribe additional proce-
dures and requirements that are appropriate to the particular activ ities of
the public entity and not inconsistent with the Act or Guidelines.
(b) Rules and regulations issued under this section shall be promptly
revised as necessary, to conform to any amendment of the Act or Guide-
lines.
§ 6008. Definitions.
The following terms shall mean:
(a) Acquisition.
Obtaining ownership or possession of property by lawful means.
(b) Business.
Any lawful activity, except a farm operation provided such lawful ac-
tivity is not in an unlawful occupancy as defined in subsection (v), con-
ducted primarily:
( 1) For the purchase, sale, lease, or rental of personal and real property,
and for the manufacture, processing, or marketing of products, commo-
dities, or any other personal property;
(2) For the sale of services to the public:
(3) By a nonprofit organization: or
(4) Solely for the purpose of a moving expense payment (see section
6090), for assisting in the purchase, sale, resale, manufacture, process-
ing, or marketing of products, commodities, personal property, or ser-
vices by the erection and maintenance of an outdoor advertising display,
whether or not such display is located on the premises on which any of
the above activities are condticted.
(c) Comparable Replacement Dwelling.
A dwelling which satisfies each of the following standards:
(1) Decent, safe and sanitary (as defined in subsection 6()()8(d)). and
comparable to the acquired dwelling with respect to number ol rooms,
habitable living space and type and quality of construction, but not les.ser
Page 261
Register 99, No. 41; 10-8-99
«^ 6008
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
in rooms or living space tiian necessary to accomniodaie llie displaced
person.
(2) In an area not subjected to unreasonable adverse environmental
conditions from either natural or manmade sources, and not generally
less desirable than the acquired dwelling with respect to public utilities,
public and commercial facilities and neighborhood conditions, including
schools and nuinicipal services, and reasonably accessible to the dis-
placed person's present or potential place of employment: provided thai
a potential place ofemployment may not be used to satisfy the accessibil-
ity requirement if the displaced person objects.
The Act and Guidelines do not require that the replacement dwelling
be generally as desirable as the acquired dwelling with respect to envi-
ronmental characteristics. Though a displaced person does not have to
accept a dwelling subject to unreasonable adverse environmental condi-
tions, neither is a public entity required to duplicate environmental char-
acteristics, such as scenic vistas or proximity to the ocean, lakes, rivers,
forests or other natural phenomena.
If the displaced person so wishes, every reasonable effort shall be
made to relocate such person within or near to his existing neighborhood.
Whenever practicable the replacement dwelling shall be reasonably
close to relatives, friends, services or organizations with whom there is
an existing dependency relationship.
(3) Available on the private market to the displaced person and avail-
able to all persons regardless of race, color, sex, marital status, religion,
or national origin in a manner consistent with Title VIll of the Civil
Rights Act of 1968 or any other applicable state or federal anti-discrimi-
nation law.
(4) To the extent practicable and where consistent with paragraph
(c)(1) of this section, functionally equivalent and substantially the same
as the acquired dwelling, but not excluding newly constructed housing.
(5)(A) Within the financial means of the displaced person. A replace-
ment dwelling is within the financial means of a displaced person if the
monthly rental cost (including utilities and other reasonable recurring ex-
penses) minus any replacement housing payment available to the person
(as provided in section 6104) does not exceed thirty percent (30%)' of
the person's average monthly income (as defined in subsection 6008(1 )).
(B) For homeowners; a replacement dwelling is within the financial
means of a displaced person if the purchase price of the dwelling includ-
ing related increased interest costs and other reasonable expenses includ-
ing closing costs (as described in section 61 02) does not exceed the total
of the amount of just compensation provided for the dwelling acquired
and the replacement housing payment available to the person (as pro-
vided in section 6102).
If a dwelling which satisfies these standards is not available the public
entity may consider a dwelling which exceeds them.
(d) Decent, Safe and Sanitary.
( 1 ) Housing in sound, clean and weather tight condition, in good repair
and adequately maintained, in conformance with the applicable state and
local building, plumbing, electrical, housing and occupancy codes or
similar ordinances or regulations and which meets the following mini-
mum standards:
( A) Each housekeeping unit shall include a kitchen with a fully usable
sink, a stove or connection for a stove, a separate and complete bathroom,
hot and cold running water in both bathroom and kitchen, an adequate
and safe wiring system for lighting and other electrical services and heat-
ing as required by climatic conditions and local codes.
(B) Each nonhousekeeping unit shall be in conformance with state and
local code standards for boarding houses, hotels and other dwellings for
congregate living.
(2) When the term decent, safe and sanitary is interpreted, under local,
state or federal law, as establishing a higher standard, the elements of that
higher standard, which exceed the provision of paragraph ( 1 ) of this sub-
section, are incorporated herein. A unit which is occupied by no more
than the maximum number of people allowed under the Stale Building
Code shall be considered to be in compliance with the occupancy provi-
sions of this subsection.
(e) Department. Department of Housing and Community Develop-
ment.
(f) Displaced Person. Any person who moves from real property, or
who moves his personal properly from real properly, either:
( 1 ) As a result of a wrilten notice of intent to acquire by a public entity
or as a result of the acquisition of such real property, in whole or in pan,
by a public entity or by any person having an agreement with or acting
on behalf of a public entity, or as the result of a written order from a public
entity to vacate the real properly, for public use: or
(2) As a result of the rehabilitation, demolition or other displacing ac-
tivity undertaken by a public entity or by any person having an agreement
with or acting on behalf of a public entity of real property on which the
person is in lawful occupancy or conducts a business, and the displace-
ment, except as provided in Governmenl Code section 7262. .S, lasts long-
er than 90 days.
This definition shall be construed so that persons displaced as a result
of public action receive relocation benefits in cases where they are dis-
placed as a result of an owner participation agreement or an acquisition
carried oui by a private person for or in connection with a public use
where the public entity is otherwise empowered to acquire the property
to carry out the public use.
(3) Except persons or families of low and moderate income, as defined
in Section 50093 of the Health and Safety Code, who are occupants of
housing which was made available lo them on a permanent basis by a
public agency and who are required to move from that housing, a dis-
placed person shall not include any of the following:
(A) Any person who has been determined to be in unlawful occupancy
of the displacement property as defined in subsection 6008(v).
(B) Any person who is a post-acquisilion occupant of the displace-
ment dwelling, as provided in section 6034(b):
(C) Any person who occupied the property for the purpose of obtain-
ing relocation benefits and assistance;
(D) Any person who is an occupant of a "Qualified affordable housing
preservation project" and all requiremenls of Government Code section
7262.3 are met; or
(E) Any person occupying private property (not otherwise entitled to
relocation benefits as a result of an acquisition, rehabihtation or demoli-
tion program) who is required to move as a result of the displacing
agency ' s routine enforcement of building, housing or health codes unless
the code enforcement is undertaken for the purpose of causing displace-
ment in coordination with an identified rehabilitation, construction, or
demolition program or project.
(F) A person who is not required to move permanently or temporarily
as a result of the project as long as they are notified ihey are not required
to move and the project does not impose an unreasonable change in the
character or use of the property.
(G) An owner-occupant who moves as a result of an acquisition meet-
ing the requirements of Government Code section 7277.
(g) Dwelling. The place of permanent or customary and usual abode
of a person, including a single-family dwelling, a single-family unit in
a two-family dwelling, multi-family or multipurpose dwelling, a unit of
a condominium or cooperative housing project, a nonhousekeeping unit,
a mobilehome, a recreational vehicle as described in Health and Safety
Code Section 1 8010, or any other residential unit which either is consid-
ered to be real property under State law or cannot be moved without sub-
stantial damage or unreasonable cost. A residence need not be decent,
safe and sanitary lo be a dwelling.
A second home shall be considered to be a dwelling only for the pur-
pose of establishing eligibility for payment for moving and related ex-
penses (as provided in section 6090).
(h) Economic Rent. The amount of rent a tenant or homeowner would
have lo pay for a dwelling similar lo the acquired dwelling in a compara-
ble area.
(i) Elderly Household. A household in which the head of household or
spouse is 62 years or older.
Page 262
Register 99, No. 41; 10-8-99
Title 25
Department of Housing and Community Development Programs
^6(M2
(j) Family. Two or more individuals who by blood, marriage, adop-
tion, or nuilLial consent live together as a family imil.
(k) Farm Operation. Any activity conducted solely or primarily for the
production ol'one ov more agricultural products or commodilies. includ-
ing limber, tor sale or home use, and customarily producing such prod-
ucts or commodities in sutTieient quantity to be capable oi' contributing
materially to the operator's support.
(/) Gross Income. Gross income means the total annual income ojan
individual, or where a family is displaced total annual income orUie par-
ents or adult heads of household, less the following:
( 1 ) A deduction of %5()0 for each dependent in excess of three.
(2) A deduction often percent ( 109^ ) of total income for an elderly or
handicapped household.
(3) A deduction for recurring, extraordinary medical expenses, de-
fined for this purpose to mean medical expenses in excess of three per-
cent t)f total income, where not compensated for or covered by insurance
or other sources, such as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or
sick or incapacitated fannly members when determined to be necessary
to employment o\' the head or spouse, except that the amount deducted
shall not exceed the amount of income received by the person thus re-
leased.
Gross income is divided by twelve to ascertain the average monthly
income. Relocation and property acquisition payments are not to be con-
sidered as income for the determination ol' financial means.
(m) Handicapped Household. A household in which any member is
handicapped or disabled.
(n) Initiation of Negotiations. The initial written offer made by the ac-
quiring entity to the owner ol' real property to be purchased, or the own-
er's representative.
(0) Manufactured Home or Mobilehome. A structure described in
Health and Safety Code sections 18007 and 18008.
(p) Mortgage. Such classes o\' liens as are commonly given to secure
advances on, or the unpaid purchase price of. real property, together with
the credit instruments, if any, secured thereby.
(q) Ownership. Holding any of the following interests in a dwelling,
or a contract to purchase one of the first six interests:
( 1) A fee title.
(2) A life estate.
(3) A 5()-year lease.
(4) A lease with at least 20 years to run from the date of acquisition of
the property.
(5) A proprietary interest in a cooperative housing project which in-
cludes the right to occupy a dwelling.
(6) A proprietary interest in a mobilehome.
(7) A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interests
by devise, bequest, inheritance or operation of law, the tenure of owner-
ship, but not occupancy, of the succeeding owner shall include the tenure
of the preceding owner.
(r) Person. Any individual, family, partnership, corporation, limited li-
ability corporation or association.
(s) Public Entity. Includes the state, the Regents of the University of
California, a county, city, city and county, district, public authority, pub-
lic agency, and any other political subdivision or public corporation in
the state when acquiring real property , or any interest therein, or ordering
that acquired property be vacated, in any city or county for public use.
(t) Public Use. A use for which property may be acquired by eminent
domain.
(u) Tenant. A person who rents or is otherwise in lawful possession of
a dwelling, including a sleeping room, which is owned by another.
(v) Unlawful Occupancy. A person is considered to be in unlawful oc-
cupancy if the person has been ordered to move by a court of competent
jurisdiction or if the person's tenancy has been lawfully terminated by the
owner for cause, the tenant has vacated the premises, and the termination
was not undertaken for the purpose oievading relocation assistance obW-
iiations.
'For those who, pursuant to the criteria set foilh in Government Code section
726()(i)(3)(A) through {)). would have qualified as a "displaced person" prioi to
.January 1. 1998. the applicable tiguic shall be iwenly-five pciccni (2.S'y ) otihe
person's average monthly income.
Notf:: Authority cited: Seclion .S046(). Health and .Saleiy Code, keleicnce: Sec-
tions 726()(b), (eH2)(A). (1)( 1 )and 7277, Government Code: Section !7()()0. Cor-
porations Code: and Sections 18007. 18008. 180 10 and .S()()93, Health and Salet\
Coile.
HiSTOI'iN
1. Amendment of section and new Nori filed 8-1 2-97: operative 9- 1 1 -97 ( Regis-
ter 97. No. 33).
2. Kedesignation and amendment of former subsection ic){^) as subsections
(c)(5)(A)-(B) and amendment of subsections (f)(2) and (l')(3)(I)) tiled
10-7-99: operative 1 1-6-99 (Register 99, No. 41).
§ 6010. Prior Determinations.
(a) Displacement. No public entity may proceed with any phase o\' a
project or other activity which will result in the displacement ot any per-
son, business or farm until it makes the following determinations:
( 1 ) Fair and reasonable relocation payments will be provided to eligi-
ble persons as required by Article 3 of the Guidelines.
(2) A relocation assistance program offering the services described in
Article 2 of the Guidelines will be established.
(3) Eligible persons will be adequately inforined of the assistance,
benefits, policies, practices and procedures, including grievance proce-
dures, provided for in these Guidelines.
(4) Based upon recent survey and analysis of both the housing needs
of persons who will be displaced and available replacement housing and
considering competing demands for that housing, comparable replace-
ment dwellings will be available, or provided, if necessary, within a rea-
sonable period of time prior to displacement sufficient in number, size
and cost ior the eligible persons who require them.
(5) Adequate provisions have been made to provide orderly, timely,
and efficient relocation of eligible persons to comparable replacement
housing available without regard to race, color, religion, sex, marital sta-
tus, or national origin with minimum hardship to those affected.
(6) A relocation plan meeting the requirements of section 6038 has
been prepared.
(b) Acquisition. No public entity may proceed with any phase of a
project or any other activity which will result in the acquisition of real
property until it determines that with respect to such acquisition and to
the greatest extent practicable,
(1) Adequate provisions have been made to be guided by the provi-
sions of Article 6 of the Guidelines, and
(2) Eligible persons will be informed of the pertinent benefits, policies
and requirements of the Guidelines.
Hls'iory
1. Amendment of subsection (b) filed 1 1-5-76 as an emergencv; designated ellcc-
tive 1 1-27-76 (Register 76. No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77. No. 8).
§6012. Citizen Participation.
(a) All persons who will be displaced, neighborhood groups and any
relocation committee shall be given an opportunity and should be en-
couraged fully and meaningfully to participate in reviewing the reloca-
tion plan and monitoring the relocation assistance program.
(b) When a substantial number of persons will be displaced from their
dwellings the public entity shall encourage the residents and community
organizations in the displacement area to form a relocation committee.
The committee shall include, when applicable, residential owner occu-
pants, residential tenants, business people, and members of existing or-
ganizations within the area. In lieu of initiating a new process of citi/en
participation, public entities which have conducted or are conducting a
citizen participation process as part of an existing development program
may substitute such process if it satisfies the requirements of this section.
Page 263
Register 99, No. 4); 10-8-99
§ 6014
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
11 a substantial number of persons will not be displaced IVom their
dwellings, the public entity shall at least consult with and obtain the ad-
vice ot" residents and community organizations and make the relocation
plan available to such persons and organizations prior to submitting it to
the legislative body tor approval. (See section 6038.)
(c) At a minimum the displacing entity shall guarantee the following:
( 1) Timely and full access to all documents relevant to the relocation
program. A public entity may reasonably restrict access to material
where its confidentiality is protected by law or its disclosure is prohibited
by law.
The displacing entity shall ensure that the information in documents
the provision of which would result in disclosure of the identity of eligi-
ble persons is provided in a manner designed to avoid such disclosure.
This obligation to avoid improper disclosure shall not affect the right of
the person to which the information relates (or any other person autho-
rized in writing by such person) to inspect such documents.
(2) The provision of technical assistance necessary to interpret ele-
ments of the relocation plan and other pertinent materials.
(3) The right to submit written or oral comments and objections, in-
cluding the right to submit written comments on the relocation plan and
to have these comments attached to the plan when it is forwarded to the
local legislative body or the head of the state agency for approval.
(4) Prompt, written response to any written objections or criticisms.
§ 6014. Prerequisite to Displacement.
No person shall be displaced until the public entity has fulfilled the ob-
ligations imposed by the Act and Guidelines.
§6016. Remedies.
(a) If the public entity has not fulfilled or is not substantially fulfilling
its relocation responsibilities, it shall cease displacement until such time
as its responsibilities are fulfilled. When appropriate project implemen-
tation shall be suspended or terminated.
(b) Eligible persons who move without offers of assistance and bene-
fits, after the public entity was required to offer assistance or benefits,
shall be provided such assistance and payments and, when appropriate,
compensation for additional costs incurred. The displacing entity shall
make every effort to identify and locale such persons.
(c) A public entity may pay a complainant's attorney's fees and costs
and is encouraged to consider doing so when a complainant institutes a
successful administrative appeal or judicial action.
(d) The enumeration of remedies in this section is not intended to dis-
courage or preclude the use of other remedies consistent with the intent
of the Act and Guidelines. Rather a public entity is encouraged to consid-
er and adopt other remedies.
§ 6018. Priority of Federal Law.
if a public entity undertakes a project with federal financial assistance
and consequently must provide relocation assistance and benefits as re-
quired by federal law. the provisions of the Act and Guidelines shall not
apply; but if an obligation to provide relocation assistance and benefits
is not imposed by federal law the provisions of the Act and Guidelines
shall apply.
§ 6020. Severability.
If any provision of the Guidelines or the application thereof is held in-
valid, such invalidity shall not affect other provisions or applications of
the Guidelines which can be given effect without the invalid provision
or application, and to this end the provisions of the Guidelines are sever-
able.
Article 2. Relocation Assistance Advisory
Program and Assurance of Comparable
Replacement Housing
§ 6030. Purpose.
The purpose of this part is to set forth requirements with respect to the
development and implementation of a relocation assistance advisory
program for the provision of specified services and to prescribe the obli-
gation of a public entity not to displace or cause the displacement of any
person from his dwelling without adequate notice and unless comparable
replacement housing is available.
§ 6032. Relocation Assistance Advisory Program.
Public entities shall develop and implement a relocation assistance ad-
visory program which satisfies the requirements of this article and of
Title VI of the Civil Rights Act of 1 964, Title VIII of the Civil Rights Act
of 1968. the Unruh Civil Rights Act, the Rumford Act and applicable
state and federal anti-discrimination laws. Such program shall be admin-
istered so as to provide advisory services which offer maximum assis-
tance to mininiize the hardship of displacement and to ensure that (a) all
persons displaced from their dwellings are relocated into housing meet-
ing the criteria for comparable replacement housing, and (b) all persons
displaced from their places of business or farm operations are assisted in
reestablishing with a minimum of delay and loss of earnings.
NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sec-
tion 7261. Government Code.
History
1 , Amendnventorsection and new Note filed 8-1 2-97; operative 9-1 1-97 (Regis-
ter 97, No. 33).
§ 6034. Eligibility.
(a) Relocation assistance and benefits shall be available to;
(1) Any person who occupies property from which he will be dis-
placed.
(2) Any person who will move from real property or will move his per-
sonal property from real property, because he will be displaced from oth-
er real property on which he conducts a business or farm operation.
(3) Any person who inoves from real property as a result of its acquisi-
tion by a public entity whether the move is voluntary or involuntary.
(4) Any person who. following the initiation of negotiations by a pub-
lic entity, moves as the result of the pending acquisition.
(5) Any person who moves as the result of pending acquisition, reha-
bilitation or deinolition by a public entity either following receipt of a
Notice of Intent to Displace (see section 6086) or as a result of induce-
ment or encouragement by the public entity.
(b)(1) Post-acquisition tenants, those who lawfully occupy property
only after a public entity acquires it, or who lawfully occupy property af-
ter the private acquisition of property by a person with a written agree-
ment w iih a public entity for the purpose of financing the purchase or de-
velopment of the property, are not eligible for assistance and benefits
other than advisory assistance to the extent determined by the displacing
agency.
A public entity shall inform post-acquisition tenants regarding the
pro-jected date of displacement and, periodically, should inform post-
acquisition tenants of any changes in this projection.
(2) When the displacement of a post-acquisition tenant causes a hard-
ship for that person because of a critical housing shortage, age. handicap,
infirinity. lack of financial means or other circumstance, the displacing
entity shall provide relocation advisory assistance and, may in its discre-
tion, provide other financial relocation benefits. In such hardship situa-
tions a public entity is encouraged to provide advisory assistance and
payment for moving expenses.
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Title 25
Department of Housing and Community Development Programs
S 6040
(3) Where a public enlity. or properly ii owns, is making housing avail-
able on a peinianenl basis, a post-acquisilion lenanl who moves as ihe
result of a written order from the public entity to vacate is eligible I'oi re-
location assistance and benefits if the order to vacate is related to a plan
to demolish, rehabilitate or change the use of such units.
Nori . Authority cited: Section 50460. Health and Safety Code. Retercncc: Sec-
lion 7260(c). Government Code.
HlSTOl^Y
1 . Amendment of section and new N( )Ti: I ilcd 8- 1 2-97; operative 9- 1 1 -97 ( Regis-
ter 97. No. 33).
$ 6036. Rehabilitation and Demolition.
If a public entity undertakes a rehabilitation or dernolition progiam
and as a result a person or business is displaced from privately owned
property, the public entity shall provide assistance and benefits. If a per-
son or business is displaced by such an undertaking from property ac-
qitired by a public enlity. the public enlity shall provide assistance and
benefits.
Nori;: Authority cited: .Section .50460. Health and Safety Code. Reference: .Sec-
tion 7260(e). Government Code.
History
1 . Amendment of section heading and .section and new NoTi- tiled 8-1 2-97; opera-
tive 9-1 1-97 (Register 97. No. 33).
§ 6038. Relocation Plan.
(a) As soon as possible following the initiation of negotiations and
prior to proceeding with any pha.se of a project or other activity that will
result in displacement a public entity shall prepare a Relocation Plan and
submit it for approval to the local legislative body, or in the case of a state
agency, the head of the agency. When the public entity's action will only
result in an insignificant amount of non-residential displacement a dis-
placing entity shall provide benefits as required by these Guidelines and
state Relocation Law without compliance with this section. For residen-
tial projects of I .^ or less households, the full and accurate completion of
the Model Relocation Plan HCD-8-32(new). which is incorporated by
reference as if set forth in full, shall be presumed to be in compliance with
the planning requirements of this section. Copies of the Model Reloca-
tion Plan HCD-832(6/8/99) as well as the Informational Notice
HCl)-833(6/8/99), which is incorporated by reference as if set forth in
full, may be downloaded from the Department's internet web site at
www.hcd.ca.gov. This form can be obtained from the Department by
telephoning 916-.323-7288.
(b) A Relocation Plan shall include the following:
( 1 ) A diagrammatic sketch of the project area.
(2) Projected dates of displacement.
(3) A written analysis of the aggregate relocation needs of all persons
to be displaced (as required by section 6048) and a detailed explanation
as to how these needs are to be met.
(4) A written analysis of relocation housing resources (as required by
section 60.52).
(5) A detailed description of the relocation advisory services program,
including specific procedures for locating and referring eligible persons
to comparable replacement housing.
(6) A description of the relocation payments to be made (pursuant to
Article 3) and a plan for disbursement.
(7) A cosl estimate for carrying out the plan and identification of the
source of the necessary funds.
(8) A detailed plan by which any last resort housing (as described in
section 60.54 and Article 4) is to be built and financed.
(9) A standard information statement to be sent to all renters who will
be permanently displaced (as required by section 6046).
( 10) Temporary relocation plans, if any.
( 1 1 ) A description of relocation office operation procedures.
( 12) Plans for citizen participation.
( 13) An enumeration of the coordination activities undertaken (pur-
suant to section 6052).
(14) The comments of the relocation committee, if any (pursuant to
section 6012).
(15) A written deiermination by the public entity that the necessary re-
sources will be available as required.
(c) A Plan prepared by a local public enlity shall be consistent with the
local housing element.
(d) In the event of delay of more than one year in the implemeiiiaiioii
of the relocation program, the plan shall be updated prior lo impleinenta-
lion of that program.
(e)( I ) Copies oflhe plan shall be submitted for review to the rclocalit)n
committee 30 days prior to submission to the local legislative body or
head of state agency for approval. Copies shall be available lo the public
upon request. A copy oflhe final relocation plan shall be foruarded to
the department which shall act as a central repository.
(2) General notice of the plan shall be provided. Notice shall be de-
signed to reach the occupants of the property: it shall be in accordance
with the provisions of paragraph 6046(a)(3) and subsection 6046(b): and
it shall be provided 30 days prior to submission lo the local legislative
body or head of stale agency for approval.
(f) Any displaced person or interested organization may petition the
department to review the relocation plan required to be submitted by the
displacing agency. The department shall review the plan in accordance
with the lime constraints and the procedures established in Article 5.
NOTE: Authority cited: Section :50460. Health and Safety Code. Relerenee: Sec
tions 7260.5 and 7261, GoveniiDeni Code.
HisTom'
1. Amendment of subseelion (c) filed 1-28-77 as procedural and organi/alional:
elfective upon filing (Register 77. No, 5).
2. Amendment ofsubsections (a) and (e)-(e)( 1 ). new subsection (f) ami new Noii
filed 8-12-97: operative 9-1 1-97 (Register 97, No. 33).
3. Amendment ofsubsections (a), (b)(9) and (e)(1) filed 10-7-99: opeiaiivc
1 1-6-99 (Register 99, No. 41 ).
§ 6040. Minimum Requirements of Relocation Assistance
Advisory Program.
(a) Each relocation assistance advisory program undertaken pursuant
to this Article shall include, at a minimum, such measures, facilities (M'
services as may be necessary or appropriate in order to:
( 1 ) Fully inform eligible persons under this Article within 60 days fol-
lowing the initiation of negotiations but not later than the close of escrow
on the property, for a parcel as lo the availability of relocation benefits
and assistance and the eligibility requirements therefor, as well as the
procedures for obtaining such benefits and assistance, in accordance wiih
the requirements of section 6046. For projects by private parties with an
agreement with a public enlity, the '"initiation of negotiations" shall be
the later oflhe dale of acquisition or the dale oflhe written agreement be-
tween the private entity and the public entity for purposes of acquiring
or developing the property for the project.
(2) Determine the extent oflhe need of each such eligible person for
relocation assistance in accordance with the requirements of section
6048.
(3) Assure eligible persons that within a reasonable period of time
prior to displacement there will be available comparable replacement
housing, ineeting the criteria described in section 6008(c). sufficient in
number and kind for and available to such eligible persons.
(4) Provide current and continuing information on the availability,
prices, and rentals of comparable sales and rental housing, and of compa-
rable commercial properties and locations, and as to security deposits,
closing costs, typical down payments, interest rates, and terms for resi-
dential property in the area.
(3) Assist each eligible person to complete applications for payments
and benefits.
(6) Assist each eligible, displaced person to obtain and move to a com-
parable replacement dwelling.
Only adequate inspection will insure that a particular unit meets this
standard. If a displaced person occupies a unit to which he is referred by
the public entity and the unit does not satisfy the comparable replacement
dwelling standard, the public entity has not fulfilled its obligation to as-
sist the displaced person to obtain such a dwelling. Whenever this occurs
the public entity shall offer to locale such a dwelling for the displaced per-
Page 265
Register99, No. 41; 10-8-99
§ 6042
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
son and lo pay again all moving and related expenses. If the displaced
person chooses not lo move from the unit that he occupied following re-
ferral, the public entity shall not assert that he is ineligible to receive relo-
cation assistance and benefits on the basis of that unit's failure to satisfy
the comparable replacement dwelling standard.
(7) Assist each eligible person displaced from his business or farm op-
eration in obtaining and becoming established in a suitable replacement
location.
(8) Provide any services required to insure that the relocation process
does not result in different or separate treatment on account of race, color,
religion, national origin, sex, marital status, familial status, or any basis
protected by state or federal anti-discrimination laws, or any other arbi-
trary circumstances.
(9) Supply to such eligible persons information concerning federal and
state housing programs, disaster loan and other programs administered
by the Small Business Administration, and other federal or state pro-
grams, offering assistance to displaced persons.
( 10) Provide other advisory assistance to eligible persons in order to
minimize their hardships. It is recommended that, as needed, such assis-
tance include counseling and referrals with regard to housing, financing,
employment, training, health and welfare, as well as other assistance.
(11) Inform all persons who are expected to be displaced about the
eviction policies to be pursued in carrying out the project, which policies
shall be in accordance with the provisions of section 5058.
(b) Relocation Office.
When a substantial number of persons will be displaced and the reloca-
tion staffs office is not easily accessible to those persons, a displacing
entity is encouraged to establish at least one appropriately equipped site
office which is accessible to all the area residents who may be displaced
and is staffed with trained or experienced relocation personnel. Office
hours should be scheduled to accommodate persons unable to visit the
office during normal business hours.
(c) Each displacing entity shall establish and maintain a formal griev-
ance procedure for use by displaced persons seeking administrative re-
view of the entity's determinations. The procedure shall be in accordance
with the requirements of Article 5.
NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sec-
tions 7260.5 and 7261, Government Code.
History
1. Amendment of subsections (a)(1) and (a)(8) and new Note filed 8-1 2-97: op-
erative 9-1 1-97 (Register 97, No. 33).
§ 6042. Replacement Housing Prior to Displacement;
Notices to Displaced Persons.
(a) No eligible person shall be required to move from his dwelling un-
less within a reasonable period of time prior to displacement comparable
replacement dwellings (as defined in subsection 6008(c)) or, in the case
of a temporary move (as defined in section 6044), adequate replacement
dwellings (as defined in subsection (b) below) are available to such per-
son.
(b) The criteria for adequate replacement dwellings are in all respects
identical to those for comparable replacement dwellings, except that an
adequate replacement dwelling, with respect to the number of rooms,
habitable living space and type of construction, need be only adequate
not comparable.
(c) Reasonable Offer of Replacement Housing.
The requirements of this section shall be deemed to have been satisfied
if a person is offered and refuses without justification reasonable choices
of specifically identified comparable replacement dwellings which fully
satisfy the criteria set forth in the Guidelines. The offers shall be in writ-
ing, in a language understood by the displaced person. The number of of-
fers determined to be reasonable should be not less than three.
(d) Notice.
No eligible person occupying property shall be required to move from
a dwelling or to move a business or farm operation, without at least 90
days written notice from the public entity requiring the displacements.
Public entities shall notify each individual tenant to be displaced as well
as each owner-occupant. (These requirements are in addition to those
contained in sections 6040 and 6046.)
(e) Waiver.
The requirement in subsection (a) above inay be waived only when im-
mediate possession of real property is of crucial importance and by one
of the following circumstances:
( 1 ) When displacement is necessitated by a major disaster as defined
in Section 102(2) of the Hazard Mitigation and Relocation Assistance
Act of 1993 (42 U.S.C. 5121) and/or the California Natural Disaster A.s-
si stance Act.
(2) During periods of declared national or slate emergency.
NOTE: Aulhoriiv cited: Section 50460, Health and Safety Code. Reference: Sec-
lions 7260.5. 7261 and 7264.5, Government Code.
History
1 . Amendment of subsections (a) and (e)( 1 ) and new Nori: filed 8- 1 2-97: opera-
tive 9-1 1-97 (Register 97, No. 33).
§ 6044. Temporary Move.
(a) General.
( 1 ) A public entity shall be required to ininimize to the greatest extent
feasible the u,se of temporary relocation resources (as defined in section
6042) but, when a project plan anticipates moves back into completed
project accommodations, teinporary relocation resources inay be used,
at the displaced person's election for a limited period of time.
(2) Temporary relocation does not diminish the responsibility of the
pubic entity to provide relocation assistance, services and benefits de-
signed to achieve permanent relocation of displaced persons into compa-
rable replacement dwellings.
(b) Requirements.
( 1 ) Temporary replacement housing may not be relied upon if compa-
rable replacement housing will not be available to the displaced person
within 12 months of the date of the temporary move.
(2) Prior to the move, the public entity shall have determined and have
provided written assurance to each displaced person that:
(A) Comparable replacement housing will be made available at the
earliest possible time but in any event no later than 12 months froin the
date of the move to temporary housing. Temporarily housed persons may
agree to extend the 1 2 month limitation but. if they do not. the public enti-
ty shall ensure that comparable replacement dwellings are available
within the 12 month period.
(B) Comparable replacement housing will be made available, on a
priority basis, to the individual or family who has been temporarily re-
housed.
(C) The move to temporary housing will not affect a claimant's eligi-
bility for a replacement housing payment nor deprive him of the same
choice of replacement housing units that would have been made avail-
able had the temporary move not been made and the costs of a temporary
move will not be considered as all or a part of the relocation payments
to which a displaced person is entitled.
(D) If a project plan anticipates moves back into replacement housing
accomtnodations in the project or program area, the person who has been
temporarily displaced will be given priority opportunity to obtain such
housing accommodarions.
(E) The public entity will pay all costs in connection with the move to
temporary housing, including increased housing costs.
§ 6046. Informational Program.
(a) Basic Requirements.
The displacing entity shall establish and maintain an information pro-
gram that provides for the following:
(I ) Preparation and distribution of informational material as early as
practicable, to each occupant of the property. This material shall be dis-
tributed within 60 days following the initiation of negotiations (see para-
graph 6040(a)(1)) and not less than 90 days in advance of displacement
except for those situations described in subsection 6042(e). Where ap-
propriate, separate informational statements shall be prepared for resi-
dential and for non-resideniial occupants.
Page 266
Register 99, No. 41; 10-8-99
Title 25
Department of Housing and Community Development Programs
5j 6052
(2) Conducling personal interviews and maintaining personal eontaets
with occupants olthe property to the maximum extent practicable.
(3) Utilizing meetings, newsletters, and other mechanisms, including
local media available to all persons, lor keeping occupants ofthe property
inlbrmed on a continuing basis. The criterion for selecting among various
allernalives shall be the likelihood of actually communicating informa-
tion to such persons. Legal publications, legal ads in local newspapers of"
general circulation and similar means which may go unnoticed arc
deemed to be inadequate.
(b) Language. Informational material should be prepared in the lan-
guage(s) most easily understood by the recipients. In displacement areas
where there are significant concentrations of persons who do not read,
write, or understand English lluently, the native language ofthe people
should he used and all informational material should be provided in the
native languagels) and English.
(c) Method of Delivery. To assure receipt ofthe informational materi-
al, the local agency should arrange to have the material either hand-de-
livered to each occupant of the property with a request for a written re-
ceipt, or sent by certified mail, return receipt requested.
(d) General and Specific Information. In addition to disseminating
general information ofthe type described in this section, the displacing
entity shall also provide each person with individual, written notification
as soon as his eligibility status has been established.
(e) Content of Informational Statement. Attachment A identifies the
kinds of information required to be included in statements distributed to
occupants o\' the property. The figure lists minimum requirements. The
displacing entity should include any additional information that it be-
lieves would be helpful. (See Attachment A.)
NOTH: Aulhoritv cited: Section 50460, Health and Safety Code. Reference: Sec-
lions 7260. 7260.5 and 7261. Government Code.
History
1 . Amendment ot subsection (a)( 1 ) tiled 1 1 -5-76 as an emergency; designated ef-
feclive 1 1-27-76 (Register 76, No. 44).
2. Certitlcate of Compliance tiled 2-16-77 (Register 77, No. 8),
^. Amendment of subsection (a)(1) and new NoTB filed K-12-97; operative
9-1 1-97 (Register 97, No. .'^3).
§ 6048. Survey and Analysis of Relocation Needs.
(a) (1) Requirement. Immediately following the initiation of negoti-
ations interview all eligible persons, business concerns, including non-
profit organizations, and farm operations to obtain information upon
which to plan for housing and other accommodations, as well as counsel-
ing and assistance needs.
(2) Coordination with Other Agencies. Other agencies may also be
conducting surveys in the area at the same time. Coordination will be nec-
essary to avoid duplication and to ensure that necessary information is
available at the appropriate lime. Surveys utilized to gather data for social
service referrals should be planned in cooperation with social service
agencies and a referral system should be established.
(3) Information to Persons to Be Displaced. The local agency shall
carefully explain and discuss fully with each person interviewed the pur-
pose of the survey and the nature and extent of relocation payments and
assistance that will be made available. All persons shall be advised and
encouraged to visit the relocation office for information and assistance.
(4) Relocation Records. Based on information obtained during the sur-
vey and other sources as applicable. Ihe local agency shall prepare and
maintain an accurate relocation record for each person to be displaced.
The record shall contain a description ofthe pertinent characteristics of
the persons lo be displaced and the assistance deemed to be necessary.
(b) The survey shall be by direct, personal interview, except where re-
pealed efforts indicate that is not possible. When a person cannot be inter-
viewed or the interview does not produce the information to be obtained
reasonable efforts shall be made to obtain the information by other
means. Eligible persons should be encouraged to bring any change in
their needs to the attention of relocation officials. The survey shall be up-
dated at least annually.
(c) A public entity shall endeavor to obtain the following information:
income; whether a person is elderly or handicapped; size of family; age
of children; location of job and factors limiting accessibility; area of pre-
ferred relocation; type of unit preferred; ownership or tenant preference;
need for social and public services, special schools and other services;
eligibility for publicly assisted housing; and with reference to the present
dwelling, ihe rent, the type and quality of construction, the number of
rooms and bedrooms, the amount of habitable living space, and localion-
al factors including among others public utilities, public and commercial
facilities (including transportation and schools) and neighborhot)d con-
ditions (including municipal services). Other matters Ihal concern a
household as its members contemplate relocation should also be in-
cluded.
(d) A written analysis of relocati(.)n housing needs shall be prepared.
It shall be prepared in sufficient detail to enable determination of the
availability for all potential displaces of housing which meets the stan-
dards set forth in the definition of comparable replacement housing. The
information concerning home ownership and rental units shall be pro-
vided separately. The number of units needed shall be idenlil'ied by cost
for each size category. The needs of elderly and handicapped households
shall be shown separately and shall include information on the number
of such households requiring special facilities and the nattire of such faci-
lities.
The statement o\' relocation housing needs shall include a description
ofthe locational characteristics of the displacement area neighborhoods
corresponding to the requirements of comparable replacement housing.
Information shall be provided concerning proximity to present employ-
ment sources, medical and recreational facilities, parks, community cen-
ters, shopping, transportation and schools. Information concerning prox-
imity to other relevant needs and amenities is essential to ensuring thai
no residents are incapacitated by Ihe relocation and such information also
should be provided.
§ 6050. Failure to Conduct Timely and Effective Survey.
When a survey is not conducted in a timely and effective manner, the
public entity shall be obligated to make every effort to locate all eligible
persons who have moved so that their needs can be included in the survey
and the impact on the housing stock in the community can be more accu-
rately determined. The public entity shall offer such persons all reloca-
tion assistance and benefits for which they otherwise qualify and. in addi-
tion, shall compensate such persons for all costs occasioned by the
entity's failure to provide timely notice and offers of relocation assis-
tance and benefits.
§ 6052. Survey and Analysis of Available Relocation
Resources.
(a) ( 1 ) To enable a public entity reasonably to determine that the requi-
site comparable replacement dwellings will be available, the public enti-
ty, within 60 days following the initiation of negotiations, shall initiate
a survey and analysis of available comparable relocation resources.
If a recent survey that provides the information identified in this sec-
tion is not available, the public entity shall conduct a survey and analysis
ofthe housing market. If a recent survey is available, but it does not re-
flect more recent, significant changes in housing market conditions, the
survey shall be updated or it shall not be relied upon.
(2) When more than 15 households will be displaced, survey results
shall be submitted for review to local housing, development and planning
agencies and shall be compared to other existing information on housing
availability.
(3) The survey shall be updated at least annually.
(b) The survey area shall be reasonably related to the displacement
area and to the needs and preferences of the persons to be displaced, as
indicated in the written analysis prepared pursuant to section 6048. The
survey area shall have relevant characteristics (see subsection 6()()8(c))
which equal or exceed those of the neighborhood from which persons are
lo be displaced.
Page 267
Register 99, No. 41; 10-8-99
§ 6054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) A written analysis of relocation housing resources siiali be pre-
pared in sufllcient detail to enable determination of the availability tor
all potential displacees of housing which meets the standards set forth in
the definition of comparable replacement housing. The information con-
cerning homeownership and rental units shall be provided separately.
The number of units available shall be identified by cost for each size
category. Resources available to meet the needs of elderly and handi-
capped households shall be shown separately and shall include informa-
tion on the number of units with special facilities and the nature of such
facilities.
The analysis of resources shall include a description of the locational
characteristics of the survey area neighborhoods corresponding to the re-
quirements of comparable replacement housing. Information shall be
provided concerning proximity to present employment sources (with the
consent of the displaced person a potential employer may be substituted),
medical and recreational facilities, parks, community centers, shopping,
transportation and schools. Information concerning proximity to other
relevant needs and amenities is essential to ensuring that residents are not
incapacitated by the relocation and such information should also be pro-
vided.
(d) (1 ) Units which do not satisfy the standards of comparable replace-
ment housing, including the locational criteria, shall not be counted as a
relocation resource.
(2) Uncompleted new construction or rehabilitation shall not be in-
cluded in the gross figure unless there is a substantial likelihood that the
units will be available when needed and at housing or rental costs within
the financial means of the prospective occupants.
(3) In addition to the other requirements of this section, the gross figure
representing the number of units available shall be discounted to rellect
both concurrent displacement and the extent to which turnover is repre-
sented. Concurrent displacement by the federal government and its agen-
cies, including federally-assisted projects, as well as displacement by
other public entities shall be taken into account. Turnover is the dynamic
operation by which occupancy changes occur within a standing invento-
ry over a period of time and theoretically could occur in the complete ab-
sence of vacancies on a person to person basis. The use of turnover for
relocation is not permissible. The displacing entity shall assume that four
percent of the rental and one percent of the ownership units which meet
the standards of comparable replacement dwellings (see section 6008(c))
represents turnover. The displacing entity shall use a higher percentage
figure if such figure is more accurate. The displacing entity may use a
lower figure if it establishes that the lower figure is a more accurate as-
sumption.
(4) Publicly subsidized housing, including public housing, shall not be
counted as a resource unless it reasonably can be established that:
(A.) The units will be available when needed;
(B) The governmental body providing the subsidy has made, in writ-
ing, a reasonably binding commitment of assistance; and
(C) The units have been inspected and determined to be decent, safe
and sanitary and the income ceilings, rent ranges and age restrictions, if
any, have been considered.
(D) The number of units available in the community exceeds the num-
ber of households in need of the units. This requirement may be waived
by thedepartmentif the public entity can establish that such units will be
replaced by last resort housing within two years. To establish that last re-
sort housing will be developed as required the public entity must have site
control with permissive zoning, preliminary plans and conditional com-
mitments for subsidy and financing or the equivalent. The public entity
also must identify ownership.
(e) Uncompleted new construction or rehabilitation which is subsi-
dized by public funds shall not be counted as a relocation resource unless
the units are being subsidized to provide relocation resources.
NOTE: Authority cited: Section 50460, Health and Safety Code. Reference: Sec-
lions 7260.5 and 7261, Government Code.
History
1 . Amendment of subsections (a)(1) and (a)(2). correction of subsection (e) desig-
nator, and new Note filed 8-12-97; operative 9-1 1-97 (Register 97, No. 3.^).
§ 6054. Last Resort Housing.
(a) No eligible person shall he required to move from his dwelling be-
cause of the action of a public entity unless comparable replacement
housing is available to him.
(b) Hon the basis of its survey and analysis of relocation needs and re-
sources a public entity cannot determine that comparable replacement
housing will be available as required, the public entity may not proceed
with any phase of a project or other activity which will result in displace-
ment unless it provides such housing. (See Article 4.)
(c) If the action of a public entity has resulted or is resulting in displace-
ment and comparable replacement housing is not available as needed, the
public entity shall use its funds, or funds authorized for the project to pro-
vide such housing (see Article 4). or shall terminate or suspend further
implementation of the project activity in accordance with the provisions
of .section 6018.
(d) Temporary relocation resources may be relied upon in the interim
only if the provisions of section 6004 are satisfied.
§ 6056. Termination of Relocation Assistance.
A public entity's relocation obligations cease under the following cir-
cumstances:
(a) A displaced person moves to a comparable replacement dwelling
and receives all assistance and payments to which he is entitled.
(b) The displaced person moves to substandard housing, refuses rea-
sonable offers of additional assistance in moving to a decent, safe and
sanitary replacement dwelling and receives all payments to which he is
entitled.
(c) All reasonable efforts to trace a person have failed. To ensure that
the action of a public entity does not reduce the housing supply in critical
categories or locations, unsuccessful efforts to trace a particular dis-
placed person shall not lessen the obligation to provide last resort hous-
ing. (See Article 4.)
(d) The business concern or farm operation has received all assistance
and payments to which it is entitled and has been successfully relocated
or has ceased operations,
(e) A person displaced from his dwelling, business or farm refuses rea-
sonable offers of assistance, payments and comparable replacement
housing.
§ 6058. Eviction.
(a) Eviction is permissible only as a last resort. It in no way affects the
eligibility of evicted displaced persons for relocation payments. Reloca-
tion records must be documented to reflect the specific circumstances
surrounding the eviction.
(b) Eviction shall be undertaken only for one or more of the following
reasons:
(1) Failure to pay rent, except in those cases where the failure to pay
is due to the lessor's failure to keep the premises in habitable condition,
is the result of harassment or retaliatory action or is the result of disconti-
nuation or substantial interruption of services.
(2) Performance of a dangerous, illegal act in the unit.
(3) Material breach of the rental agreement and failure to correct
breach within 30 days of notice.
(4) Maintenance of a nuisance and failure to abate within a reasonable
time following notice.
(5) Refusal to accept one of a reasonable number of offers of replace-
ment dwellings.
(6) The eviction is required by Slate or local law and cannot be pre-
vented by reasonable efforts on the part of the public entity.
§ 6060. Evaluation of Relocation.
(a) A public entity is encouraged to evaluate its relocation program,
assessing the quality and quantity of services provided as well as displa-
cee satisfaction, to determine the adequacy of program planning and to
ascertain whether any persons have been denied the full benefits and ser-
vices to which they are entitled. The evaluation should be based upon an
annual or continual inspection of files and records, case interviews, and
inspection of replacement housing and business and farm replacement
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Department of Housing and Community Development Programs
^ 6090
locations and discussions with local individuals or organizations familiar
with relocation issues. A written evaluation should he prepared at least
annually.
(b) The files and records of displaced persons and property owners
should be selected at random. The review should include any cases that
were identified by previous monitoring as requiring corrective action and
should assess the public entity's progress in taking corrective action. Both
relocation and acquisition activities should be covered by the review.
( 1 ) The relocation sample should include cases in which all payments
have been completed and cases in which the person has been displaced
but all payments have not yet been made. The sample should provide a
basis for the reviewer to determine not only whether payments were com-
puted properly and made promptly, but also whether displaced persons
received proper notice of the full range of relocation assistance and ser-
vices to which they are entitled. Priority attention should be given to
cases in which a grievance has been filed or the agency has determined
that a person is ineligible for relocation benefits.
(2) The acquisition sample should be ba.sed on cases in which settle-
ment has been completed. Howevei'. if necessary to provide a representa-
tive sample of acquisition activities, the reviewer should include incom-
plete transactions in which negotiations have been initialed.
(c) After the records and liles have been reviewed, the reviewer should
select cases for further evaluation through personal interviews with dis-
placed persons and/or owners and the inspection of housing to which per-
sons have moved. The interviews and housing inspections should serve
both to spot check the accuracy of the information obtained in the exami-
nation of the records and files and give the reviewer a better perspective
on the agency's performance.
The nuiTiber and type of cases for which interviews and housing in-
spections are to be carried out should retlect the reviewer's judgment
based on the information he has just reviewed. Generally, an interview
and inspection should be carried out for at least one of every five cases
for which the files and records have been reviewed. Only where the num-
ber of persons displaced is less than 25 should the number of interviews
and inspections be less than 10. In no case should the number of inter-
views and inspections be lower than the lesser of five and the number of
persons displaced. To the extent possible, the interviews should cover a
representative cioss section of the types of cases in the agency's work-
load: e.g., relocation cases involving families of various sizes as well as
individuals and business concerns (including both owners and tenants),
and acquisition transactions involving residential, commercial and in-
dustrial properties.
(d) in addition to the above, the following factors are among those
which should be considered:
( 1 ) The effectiveness of efforts to provide relocation services to dis-
placed persons, including timeliness of notice and correctness of eligibil-
ity determinations.
(2) The satisfaction of relocated families, individuals and business
concerns in their new locations.
(3) The extent to which self-moves to substandard housing have been
minimized.
(4) The effectiveness of efforts to provide relocation services to busi-
ness concerns, including counseling services and SBA loans to aid in
their reesiablishinent.
(5) The promptness of processing claims and the making of payments,
including the amounts, delivery, and use of relocation payments.
(6) The number and magnitude of rent increases following acquisition
and displacement.
(7) The effectiveness of methods used to resolve difficulties experi-
enced by site occupants.
(8) The effectiveness oi' the public entity's grievance procedures.
(9) The extent of resident involvement in planning the relocation pro-
gram.
( 10) The effectiveness in assuring equal opportunity for displaced per-
sons and in reducing patterns of minority-group concentration.
(11) The effectiveness of relocation in upgrading the housing and
overall environmental conditions of persons displaced.
(12) The effectiveness ol (he social service program, including coun-
seling services, in helping residents adjust to relocation and in helping
solve individual and family problems.
(13) The impact on those segments oi'the housing market ,ser\ing the
income groups displaced.
Article 3. Relocation Payments
§ 6080. Purpose.
The purpose of this Article is to set forth the types of, and speci fie eligi-
bility criteria for, relocation payments to displaced persons. Basic eligi-
bility conditions are set forth in section 6084. Specific conditions relating
to particular payments are described in later sections.
§ 6082. Relocation Payments by Public Entity.
A public entity shall make relocation payments to cm- on behallt)f eligi-
ble displaced persons in accordance with and to the full extent permitted
by this Article. The obligations described in this Article are in addition
to those in Article 6.
§ 6084. Basic Eligibility Conditions.
A person establishes basic eligibility for relocation payments if he sat-
isfies the conditions described in section 6034. A person who moves
from real property or who moves his personal property from real properly
because he will be displaced from other real property on which he con-
ducts a business or farin operation, establishes eligibility on the basis t)f
the move from such other property only for payments made pursuant to
section 6090.
§ 6086. Notice of Intent to Displace.
A public entity may issue a written Notice of Intent to Displace at any
tiine after forming a reasonable expectation o\' acquiring real properly.
Such a notice, by establishing eligibility prior to acquisition, will enable
a public entity to respond to hardship and other situations.
§ 6088. Filing of Claims; Submission of Tax Returns.
All claims filed with the public entity shall be submitted within eigh-
teen months of the date on which the claimant receives final payment for
the property or the date on which he moves, whichever is later. The dis-
placing entity may extend this period upon a proper showing of good
cause.
Except where specifically provided otherwise a claiinant shall not be
required to submit a copy of his lax returns in support of a claim for relo-
cation payments.
§ 6090. Actual Reasonable Moving Expenses.
(a) General. A public entity shall make a payment to a displaced person
who satisfies the pertinent eligibility requirements ol" section 6084 and
the requirements of this section, for actual reasonable expenses specified
below and subject to the limitations set forth in subsection (c) oi this sec-
tion for moving himself, his family, business, farm operation or other
personal property. In all cases the amount of a payment shall not exceed
the reasonable cost of accomplishing the activity in connection with
which a claim has been filed.
The moving and related expenses for which claims may be filed shall
include:
( 1 ) Transportation of persons and property not to exceed a distance oi
50 miles from the site from which displaced, except where relocation be-
yond such distance of 50 miles is justified;
(2) Packing, crating, unpacking and uncrating personal property;
(3) Such storage of personal property, for a period generally not to ex-
ceed 12 months, as determined by the public entity to be necessary in con-
nection with relocation;
(4) Insurance of personal properly while in storage or transit; and
(5) The reasonable replacement value of properly lost, stolen or dam-
aged (not through the fault or negligence of the displaced person, his
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§ 6090
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ageMit, or employee) in the process of moving, where insurance covering
such loss, thet'l or damage is nol reasonably available.
(6) The cost of disconnecting, dismantling, removing, reassembling,
reconnecting and reinstalling machinery, equipment or other personal
property (including goods and inventory kept tor sale) not acquired by
the public entity, including connection charges imposed by public utili-
ties for starting titility service.
(b) Actual Reasonable Moving Expenses — Displaced Business Con-
cerns and Farm Operations.
In addition to those compensable expenses set forth in subsection (a)
of this section, a displaced business concern or farm operation may file
a claim lor the following moving and related expenses:
( 1 ) The cost, directly related to displacement of modifying the machin-
ery, equipment, or other personal property to adapt it to the replacement
location or to utilities available at the replacement location or modifying
the power supply.
(2) Claims for payment under this subsection shall be subject to the fol-
lowing limitations:
(A) Reimbursable costs shall be reasonable in amount.
(B) The cost could not be avoided or substantially reduced at an alter-
nate available and suitable site to which the business was referred.
(3) The cost of any license, permit or certification required by a dis-
placed business concern to the extent such cost is necessary to the rees-
tablishmeni of its operation at a new location.
(4) The reasonable cost of any professional services (including but not
limited to. architects', attorneys' or engineers' fees, or consultants'
charges) necessary for planning the move of personal property, moving
the personal properly, or installation of relocated personal property at the
replacement site.
(5) Where an item of personal property which is used in connection
with any business or farm operation is not moved but is replaced with a
comparable item, reimbursement in an amount not to exceed ( I ) the re-
placement cost, minus any net proceeds received from its sale, or (2) the
estimated cost of moving, whichever is less.
(c) Advance Payments. A displaced person may be paid for his antici-
pated moving expenses in advance of the actual move. A public entity
shall provide advance payment whenever later payment would result in
financial hardship. Particular consideration shall be given to the financial
limitations and difficulties experienced by low and moderate income per-
sons and small farm and business operations.
(d) The specific provisions contained in this section are not intended
to preclude a public entity's reliance upon other reasonable means of ef-
fecting a move, including contracting moves and arranging for assign-
ment of moving expense payments by displaced persons.
(e) Self-moves. Without documentation of moving expenses actually
incurred, a displaced person electing to .self-move may submit a claim
for his moving expenses to the public entity in an amount not to exceed
an acceptable low bid or an amount acceptable to the displacing entity.
(f) Personal Property of Low Value and High Bulk — Business or Farm
Operation. Where, in the judgment of the public entity, the cost of mov-
ing any item of personal property of low value and high bulk which is
used in connection with any business or farm operation would be dispro-
portionate in relation to its value, the allowable reimbursement for the ex-
pense of moving such property shall not exceed the difference between
the cost of replacing the same with a comparable item available on the
market and the amount which would have been received for such proper-
ty on liquidafion. This provision may in appropriate situations be applied
to claims involving the moving of junkyards, stockpiles, sand, gravel,
minerals, metals and similar property.
(g) Documentation in Support of a Claim.
( I ) General. Except in the case of a displaced person conducting a self-
move as provided in subsection (e) above, a claim for a payment under
this section shall be supported by a bill or other evidence of expenses in-
curred. By prearrangement between the public entity, the site occupant,
and the mover, evidenced in writing, the claimant or the mover may pres-
ent an unpaid moving bill to the public entity, and the public entity may
pay the mover directly.
(2) Business and Farm Operations. Each claim in excess of $ 1 .000 for
the costs incurred by a displaced person for moving his business or farm
operation shall be supported by competitive bids in such number as are
practical. If the public entity determines that compliance with the bid re-
quirement is impractical or if estimates in an amount of less than $1,000
are obtained, a claim may be supported by estimates in lieu of bids.
(h) Whenever a public entity must pay the actual cost of moving a dis-
placed person the costs of such move shall be exempt from regulation by
the Public Utilities Commission as provided by section 7262(e) of the
Act. The public entity may solicit competitive bids from qualified bid-
ders for performance of the work. Bids submitted in response to such so-
licitations shall be exempt from regulation by the Public Utilities Com-
mission.
(i)( 1 ) Reestablishment Expenses. In addition to moving expense pay-
ments, a farm, nonprofit organization or small business of not more than
500 employees, shall be entitled to actual and reasonable reestablishment
expenses, not to exceed $10,000.00. Reestablishment expenses shall be
only those expenses that are reasonable and necessary and include, but
arc not limited to:
(A) Repairs or improvements to the replacement property as required
by Federal. State or local law, code or ordinance.
(B) Modifications to the replacement property to accommodate the
business operation or make replacement structures suitable for conduct-
ing the business.
(C) Construction and installation costs for exterior signing to advertise
the bu.siness.
(D) Provision of ufilities from right-of-way to improvements on the
replacement site.
(E) Redecoration or replacement of soiled or worn surfaces at the re-
placement site, such as paint, panelling or carpeUng.
(F) Licenses, fees and permits when not paid as part of moving ex-
penses.
(G) Feasibility surveys, soil testing and marketing studies.
(H) Advertisement of replacement location.
(1) Professional services in connection with the purchase or lease of a
replacement site.
(J) Estimated increased costs of operation during the first 2 years at the
replacement site for such items as:
1 . Lease or rental charges,
2. Personal or real property taxes,
3. Insurance premiums, and
4. Utility charges, excluding impact fees.
(K) Impact fees or one-time assessments for anticipated heavy usage.
(L) Other items essential to the reestablishment of the business.
(M) For purposes of this subsection the term "small business" shall
mean a business having not more than 500 employees working at the site
being acquired or displaced by a program or project, which site is the lo-
cation of economic activity. Sites occupied solely by outdoor advertising
signs, displays, or devices do not qualify as a small business for purposes
of this subsection.
(2) Ineligible expenses. Tlie following is a nonexclusive lisfing of re-
establishment expenditures not considered to be reasonable, necessary,
or otherwise eligible:
(A) Purchase of capital assets, such as. office furniture, filing cabinets,
machinery, or trade fixtures.
(B) Purchase of manufacturing materials, production supplies, prod-
uct inventory, or other items used in the normal course of the business
operation.
(C) Interior or exterior refurbishments at the replacement site which
are for aesthetic purposes, except as provided in paragraph (i)(l)(E) of
this section.
(D) Interest on money borrowed to make the move or purchase the re-
placement property.
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Title 25
Department of Housing and Community Development Programs
i^610()
(E) Paynicni to a parl-tiine business in the home which does not con-
irihiKc materially to the household income.
Noil:; Authority cited: Section 50460. Health and Safely Code. Rel'erence: Sec-
tion 7262(a)(4). Governnicni Code.
HisTom
1 . Amciulineiit ol.scetion and new Non filed X-l 2-97; operative 9- 1 1-97 (Resis-
tery7. No. 3.^).
§ 6092. Actual Direct Losses of Tangible Personal
Property.
(a) General. A public entity shall make a payment to a displaced person
who satisfies the eligibility requirements of section 6090 and this section.
for actual direct losses oftangible personal property as a result oC moving
or discontinuing a business or farm operation, in an amount determined
by the public entity to be in accordance with the provisions of this section.
(b) r^eiermining Actual Direct Loss of Properly. Actual direct loss of
property shall be determined on the basis of the lesser of the following:
( i ) The fair market value of the properly for continued use at its loca-
tion prior to displacement.
(2) The estimated reasonable costs of relocating the property.
The public entity may require that the owner first make a bona fide ef-
fort to sell the property or it may permit the owner not to do so. The pro-
ceeds realized from any sale t)f all or part of the property shall be de-
ducted from the determination of loss. In calculating payment under this
section the reasonable cost of an effort to sell shall be added to the detei-
mination of loss.
(e) Documentation to Support Claim. A claim for payment hereunder
shall be supported by written evidence of loss which may include ap-
praisals, certified prices, bills of sale, receipts, cancelled checks, copies
of advertisements, offers to sell, auction records, and other records ap-
propriate to support the claim or the public entity may agree as to the val-
ue of the property left in place.
§ 6094. Actual Reasonable Expenses in Searching for a
Replacement Business or Farm.
A displaced person who satisfies the pertinent eligibility requirements
of section 6090 with respect to actual reasonable moving expenses, shall
be eligible for a payment in an amount not to exceed $ 1 ,000, in searching
for a replacement business or farm, including expenses incurred for:
(a) Transportation;
(b) Meals and lodging away from home;
(c) Time spent in searching, based on the hourly wage rate of the salary
or earnings of the displaced person or his representative; and
(d) Fees paid to a real estate agent or broker to locate a replacement
business or farm.
NOTi:: Authority cited: Section .50460. Health and Safety Code. Reference: Sec-
tion 7262(a)(.^). Government Code.
History
I. Amendment of first paragraph and subsection (e) and new Non- filed 8-J2-97;
operative 9-1 1-97 (Register 97. No. 33).
§ 6096. Moving Expenses — Outdoor Advertising
Businesses.
A displaced person who conducts a lawful activity primarily for assist-
ing in the purchase, sale, resale, manufacture, processing, or marketing
of products, commodities, personal property, or services by the erection
and maintenance of outdoor advertising displays is entitled to payment
for the reasonable cost of moving such displays or their in-place value,
whichever is lesser.
§ 6098. Alternate Payments — Individuals and Families.
A person or family, who is displaced from a dwelling and is eligible
for a payment for actual reasonable tnoving expenses under section 6090,
may elect to receive and shall be paid, in lieu of such payment a moving
expense and dislocation allowance determined in accordance with estab-
lished Federal Highway Administration schedules maintained by the
California Department of Transportation.
NOTt;: Authority cited: Section 50460, Health and Safety Code. Reference: Sec-
tion 7262(h), Government Code.
HiSTORV
1. Amendment of subsection (a) filed I 1-5-76 as an emereenev: desienaiedeifee-
tive 1 1-27-76 (Register 76. No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77. No. S).
3. Amendment ofsection and new Norr tiled 8- 12-97; operative 9- I I 97(Kei:is-
ter97. No. 33).
§ 6100. Alternate Payments — Businesses and Farm
Operations.
(a) General.
( 1 ) A person who is displaced from his place of business or farm ojiera-
tion and is eligible for payments under sections 6090. 6092. 6094, or
6096. and complies with the requirements of this section, may elect to re-
ceive and shall be paid, in lieu of such payments, a payment equal to the
average annual net earnings of the business or farm operation (but not in-
cluding a business as described in section 6096) as determined in accor-
dance with subsection (b) below, except that such payment shall be not
less than $1 ,000 nor more than $20,000. For purposes of this section, the
dollar limitation specified in the preceding sentence shall apply to a
single business, regardless of whether it is carried on under one or more
legal entities.
(2) Loss of Goodwill. When payment under this section will precede
settlement of a claim for compensation for loss of goodwill under the Em-
inent Domain Law, the public entity before tendering payment shall stale
in writing what portion of the payment, if any, is considered to be com-
pensation for loss of goodwill and shall explain in writing that any pay-
ment made pursuant to Code of Civil Procedure, Sections 1263. .5 10 ci
seq. (the Eminent Domain Law, Chapter 9, Article 6 — "Compensation
for Loss of Goodwill") will be reduced in the same amount. The portion
considered to be compensation for loss of goodwill shall nol exceed the
difference between the payment made under this section and an amount
which reasonably approximates the payments for which the displaced
person otherwise would be eligible under Seciions 6090, 6092, 6094, and
6096. Failure to provide such written statement and explanation shall
constitute a conclusive indication thai no portion of the payment is con-
sidered to be compensation for loss of goodwill for the purposes of that
portion of the Code of Civil Procedure referenced above.
(b) Requirements — Businesses. Payment shall not be made under this
section unless the public entity determines that:
( 1 ) The business is nol operated solely for rental purposes and cannot
be relocated without a substantial loss of its existing patronage, based on
a consideration of all pertinent circumstances including such factors as
the type of business conducted, the nature of the clientele, the relative im-
portance to the displaced business of its present and proposed location,
and the availability of a suitable relocation site;
(2) The business is not part of a commercial enterprise having no more
than three (3) other establishments which are not being acquired for a
project and which is engaged in the same or similar business. Whenever
the sole remaining facility of a business which has been displaced from
its principal location:
(A) Has been in operation for less than two years;
(B) Has had average annual gross receipts of less than $2,000 during
the two taxable years prior to displacement of the major componcni of
the business; or
(C) Has had average annual net earnings of less than $ 1 ,000 during the
two taxable years prior to the displacement of the major component of
the business, the remaining facility will not be considered another "estab-
lishment" for purposes of this section; and
(3) The displaced business:
(A) Had average annual gross receipts of at least $5,0()0during the two
taxable years prior to displacement; or
(B) The displaced business had average annual net earnings of at least
$1 ,000 during the two taxable years prior to displacement; or
(C) The displaced business contributed at least 33 1/3 percent of the
total gross income of the owner(s) during each of the two taxable years
prior to displacement. If in any case the public entity determines that the
two year period prior to displacement is not representative of average re-
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Register 99, No. 4t; 10-8-99
§6102
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ccipls. earnings or income, it may make iiseola more representative peri-
od.
(D) If tiie application of the above criteria creates an inequity or hard-
siiip, the displacing agency may use other criteria as permitted in 49 CFR
24.306.
(c) Determination of Number ol" Businesses.
In determining whether one or more legal entities, all of which have
been acquired, constitute a single business, the following factors among
others shall be considered;
( 1 ) The extent to which the same premises and equipment are shared.
(2) The extent to which substantially identical or intimately interre-
lated business functions are pursued and business and financial affairs
are commingled.
(3) The extent to which such entities arc held out to the public, and to
those customarily dealing with such entities, as one business.
(4) The extent to which the same person or closely related persons
own, control or manage the affairs of the entities.
id) Requirements — Farms. In the case of a larm operation, no payment
shall be made under this section unless the public entity determines that
the farm met the definition of a farm operation prior to its acquisition. If
the displacement is limited to only part of the farm operation, the operator
will be considered to have been displaced from a farm operation if: the
part taken met the definition of a farm operation prior to the taking and
the taking caused such a substantial change in the nature of the existing
farm operation as to constitute a displacement.
(e) Requirements — Nonprofit Organizations. In the case of a nonprof-
it organization, no payment shall be made under this section unless the
public entity determines that:
( 1 ) The nonprofit organization cannot be relocated without a substan-
tial loss of its existing patronage (the term "existing patronage"" as used
in connection with a nonprofit organization includes the membership,
persons, community, or clientele served or affected by the activities of
the nonprofit organization); and
(2) The nonprofit organization is not a part of an enterprise having
more than three (3) other establishments not being acquired which is en-
gaged in the same or similar activity.
(f) Net Earnings. The term "average annual net earnings'" as used in
this section means one-half of any net earnings of the business or farm
operation, before federal and state income taxes, during the two (2) tax-
able years immediately preceding the taxable year in which the business
or farm operation moves from the real property acquired for such project,
or during such other period as the head of the public entity determines to
be more equitable for establishing such earnings, and includes any com-
pensation paid by the business or farm operation to the owner, his spouse
or his dependents during such period. The term "owner" as used in this
section includes the sole proprietor in a sole proprietorship, the principal
partners in a partnership, and the principal stockholders of a corporation,
as determined by the public entity. For purposes of determining a princi-
pal stockholder, stock held by a husband, his wife and their dependent
children shall be treated as one unit.
(g) If a displaced person who conducts a business or farm operation
elects to receive a fixed payment under this section, he shall provide
proof of his earnings from the business or farm operation to the agency
concerned. Proof of earnings may be established by income tax returns,
financial statements and accounting records or similar evidence accept-
able to the public entity.
Noiri; Authority cited: Section 50460, Health and Safety Code. Reference: Sec-
tion 7262(c), Government Code.
History
1. Amendment ofsubsection (e)(2) filed 1 1-5-76 as an emergency; designated ef-
fective 1 1-27-76 (Register 76, No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77. No. 8).
3. Amendment of subsections (a)( l)-(b)(2) and (b)(3)(A), new subsection
(b)(3)(D), amendment of subsections (e)(2) and (f), and new Notl filed
8-12-97; operative 9-1 1-97 (Register 97, No. 33).
§ 6102. Replacement Housing Payments for Homeowners.
(a) General. A public entity shall make to a person who is displaced
from a dwelling and who satisfies the pertinent eligibility requirements
of section 6084 and the conditions ofsubsection (b) of this section, a pay-
ment not to exceed a combined total of $22, .500 for:
( 1 ) The amount, if any, which when added to the acquisition cost of
the dwelling acquired for the project equals the reasonable cost, as deter-
mined in accordance with subsection (c), of a comparable replacement
dwelling. This amount shall not exceed the difference between the acqui-
sition price of the acquired dwelling and the actual purchase price of the
replacement dwelling, except where a displaced person, in the circum-
stance described in paragraph 6108(a)(1), is willing to use the extra
money to improve the condition of the dwelling.
(2) The amount, if any, to compensate the displaced person for any in-
creased interest costs, as determined in accordance with subsection (c),
he is required to pay forfinancing the acquisition of a replacement dwell-
ing. The payment shall not be made unless the dwelling acquired by the
public entity was encumbered by a bona fide mortgage which was a valid
lien on the dwelling for not less than 180 days prior to the initiation of
negotiations for acquisition of such dwelling. (This time requirement
may be modified in accordance with the provisions of subsection (b) be-
low.)
(3) Reasonable expenses, determined in accordance with subsection
(c) of this section, incurred by the displaced person incident to the pur-
chase of the replacement dwelling.
(4) in accordance with section 6108, the cost of rehabilitating a dwell-
ing which does not satisfy the decent, safe and sanitary standard.
(b) Eligibility Conditions.
( 1) A displaced person is eligible for payment under this section if such
person:
(A) Is displaced from a dwelling that is acquired;
(B) Has actually owned and occupied such dwelling for not less than
180 days prior to the initiation of negotiations for its acquisition; and
(C) Purchases and occupies a replacement dwelling within one year
subsequent to the date on which he received final payment from the pub-
lic entity of all costs of the acquired dwelling or the date on which he
moves from the acquired dwelling, whichever is later.
(2) If an owner satisfies all but the 1 80 day requirement and can estab-
lish to the satisfaction of the public entity that he bought the dwelling with
the intention of making it his place of residence, that the move was not
motivated by a desire to receive relocation assistance and benefits, and
that he neither knew nor should have known that public acquisition was
intended the public entity may reduce the requirement as necessary.
(3) Where for reasons beyond the control of the displaced person com-
pletion of construction, rehabilitation, or relocation of a replacement
dwelling is delayed beyond the date by which occupancy is required, the
public entity shall determine the date of occupancy to be the date the dis-
placed person enters into a contract for such construction, rehabilitation,
or relocation or for the purchase, upon completion, of a dwelling to be
constructed or rehabilitated, if, in fact, the displaced person occupies the
replacement dwelling when the construction or rehabilitation is com-
pleted.
(4) Where, for reasons of hardship or circumstances beyond the con-
trol of the displaced person, such person is unable to occupy the replace-
ment dwelling by the required date, the public entity may extend the
deadline as necessary. If by the deadline the displaced person has con-
tracted to purchase a replacement dwelling, the public entity should ex-
tend the deadhne.
(5) No person otherwise eligible for a payment under this section or
under section 6104 shall be denied such eligibility as a result of his being
unable, because of a major state or national disaster, to meet the occupan-
cy requirements.
(c) Computation of Replacement Housing Payment.
(1 ) Cost of Comparable Replacement DweUing.
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Title 25
Department of Housing and Community Development Programs
§6104
(A) In dcicrniining ihe reasonable cost of a comparable replacement
dwelling, the public entity concerned shall use one of the following meth-
ods:
1 . Comparative Method. On a case-by-ease basis by determining the
listing price of dwellings which have been selected by the public entity
and which aie most representative ol'the acquired dwelling unit and meet
the deriniti(.)n t))' comparable replacement dwelling set out in subsection
6()()S(c). Whenever possible the listing price ol' at least three dwellings
shall be considered.
2. Schedule Method. Where the public entity determines that the com-
parative method is not feasible, it may establish a schedule oi" reasonable
acquisition costs tor the varit)us types ol'comparable replacement dwell-
ings. It' more than one entity is administering a project causing displace-
ment in the area, it shall cooperate with the other entities in establishing
a unil'orm schedule lor the area. The schedule shall be based on a current
analysis ol' the market to determine a reasonable cost tor each type of
dwelling to he purchased, in large urban areas this analysis may be con-
lined to the sub-area tioni which persons are displaced or may cover sev-
eral dilTcreni sub-areas, if they satisfy or exceed the criteria listed in sub-
section 6()()8(c). To assure the greatest comparability ofdwellings in any
analysis, the analysis shall be divided into classifications of the type of
construction, number of bedrooms, and price ranges.
3. Alternative Method. Where the public entity determines that neither
the schedule, nor comparative method is feasible in a given situation, by
the use of another reasonable method.
(B) Whichever method is selected the cost shall be updated to within
three months of the date of purchase of the replacement dwelling.
(2) Interest Payments. Interest payments shall be equal to the dis-
counted present value of the difference between the aggregate interest
applicable to the amount of the principal of the mortgage on the acquired
dwelling over its remaining term at the time of acquisition, and other debt
service costs, and the aggregate interest paid on the mortgage on the re-
placement dwelling, and other debt service costs. The term and amount
of the mortgage on the replacement dwelling for purposes of this para-
graph shall he the lesser ol'the remaining term and amount of the mort-
gage on the acquired dwelling, or the actual term and amount of the mort-
gage on the replacement dwelling. The amount of the debt service cost
with respect to the replacement dwelling shall be the les.ser of the debt
service cost based on the cost required for a comparable dwelling, or the
debt service cost based on the actual cost of the replacement dwelling.
Prepaid interest or "points'" shall be considered in the determination
of aggregate interest.
In calculating the amount of compensation, increased interest cost
shall be reduced to discounted present value using the prevailing interest
rate paid on savings deposits by commercial banks in the general area in
which the replacement dwelling is located.
(3) Expenses Incident to the Purchase of the Replacement Dwelling.
Payment under this section shall include the amount necessary to reim-
burse the displaced person for actual costs incurred by him incident to the
purchase of the replacement dwelling, including but not limited to the
following: legal, closing, and related costs including title search, prepar-
ing conveyance contracts, notary fees, surveys, preparing drawings or
plats, and charges paid incident to recordation; lender. FHA, V A or simi-
lar appraisal cost; FHA. VA or similar application fee; cost for certifica-
tion of structural soundness; credit report charges; charge for owner's
and mortgagee's evidence or assurance of title; escrow agent's fee; and
sales or transfer taxes. Payment for any such expenses shall not exceed
the amount attributable to the purchase of a replacement dwelling. Such
expenses shall be reasonable and legally required or customary in the
community.
Reimbursement shall not be made under the provisions of this para-
graph for any fee, cost, charge, or expense which is determined to be a
pan of the debt service or finance charge under Title I of the Truth in
Lending Act (Pub. L. 90-32 1 ), and Regulation Z issued pursuant thereto
by the Board of Governors of the Federal Reserve System. Any such sum
should be considered in the determination of interest payments.
(d) Multi-family Dwelling. In the case ola displaced homeowner who
is required to move from a one-family unit of a multi-family building
which he owns, the replacement housing payment shall be based on the
cost of a comparable one-family unit in a multi-family building of ap-
proximately the same density or if that is not available in a building ol the
next less density, or, if a comparable one-family unit in such a multi-fa-
mily building is not available, the cost of an otherwise comparable sing-
le-family structure.
(e) Owner Retention.
( 1 ) If a displaced homeowner elects to retain, move, and occupy his
dwelling, the amount payable under this section is the difference betw een
the acquisition price ol'the acquired properly and the sum ol'the moving
and restoration expenses, the cost of correcting decent, safe, and sanitary
deficiencies, if any, and the actual purchase price of a comparable reloca-
tion site. A public entity may limit the payment made under this .subsec-
tion to the amount of the replacement housing payment for which the
homeowner would otherwise be eligible.
(2) The payment shall not exceed $22,500.
(f) Provisional Payment Pending Condemnation.
If the exact amount of a replacement housing payineni cannot be deter-
mined because of a pending condemnation suit, the public entity con-
cerned may make a provisional replacement housing payment to the dis-
placed homeowner equal to the difference between the public entity's
maximum offer for the property and the reasonable cost of a ct)mparable
replacement dwelling, but only if the homeowner enters into an agree-
ment that upon final adjudication of the condemnation suit the replace-
ment housing payment will be recomputed on the basis of the acquisition
price determined by the court. If the acquisition price as determined by
the court is greater than the maximum offer upon which the provisional
replacement housing payment is based, the difference will be refunded
by the homeowner to the public entity. If the acquisition price as deter-
mined by the court is less than the maximum offer upon which the provi-
sional replacement housing payment is based, the difference will be paid
to the homeowner.
(g) Lease of Condominium. For the purposes of this .section, the leas-
ing of a condominium for a 99-year period, or for a term which exceeds
the life expectancy of the displaced person as determined by the most re-
cent life tables in Vital Statistics of the United States, as published by the
Public Health Service of the Department of Health, Education and Wel-
fare, shall be deemed a purchase of the condominium.
NOTE: Authority cited: Section 30460. Health and Safety Code. Reference: Sec-
tion 7263, Government Code.
History
1. Amendment of subsections (a)(1) and (a)(4) and new NoTi filed H-i2-'-)7: op-
erative 9-11-97 (Register 97. No. 33).
2. Amendment of subsection (e)(2) tiled 10-7-99; operative 1 1-6-99 (Register
99, No. 41).
§ 6104. Replacement Housing Payments for Tenants and
Certain Others.
(a) General. A public entity shall make to a displaced person who satis-
fies the eligibility requirements of section 6084 and the conditions ol' sub-
section (b) below, a payment not to exceed $5,250 for either:
(1 ) An amount, computed in accordance with paragraph (d)( I ) of (his
section, necessary to enable such person to lease or rent a replacement
dwelling for a period not to exceed 42 months-; or
(2) An amount, computed in accordance with paragraph (d)(2) of this
section, necessary to enable such person to make a downpayment on the
purchase of a replacement dwelling (including incidental expenses de-
scribed in section 6102).
(b) Eligibility Conditions.
A displaced person is eligible for the payments specified in subsection
(a) if he satisfies the following conditions:
( 1 ) Has occupied the dwelling from which he is displaced for a period
of not less than 90 days prior to the initiation of negotiation for acquisi-
tion of such dwellins.
Page 273
Register 99, No. 4 1 ; 1 0 - 8 - 99
§ 6106
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) Is not eligible to receive a replacement housing payment for home-
owners under section 6102 or elects not to receive such payment. Where
the displaced person is the owner-occupant of the dwelling, the payment
made under paragraph 6104(a)(2) shall not exceed the amount of pay-
ment to which the person would be eligible under section 6102.
(3) Whenever a payment under subsection (a)(2) is sought the dis-
placed person shall within one year from the date of displacement pur-
chase and occupy a replacement dwelling.
(c) The provisions in subsection 6102(b) for mt)difying the conditions
of eligibility also apply to this section.
(d) Computation of Payment.
( i ) Rentals. Except for projects commenced prior to January 1 . 1 998
(see footnotes 1 and 2) the amount of payment necessary to lease or rent
a comparable replacement dwelling, under subsection (a)(]). shall be
computed by subtracting 42 times the base monthly rental of the dis-
placed person (as determined in accordance with this subsection), from
42 limes the monthly rental for a comparable replacement dwelling (as
determined in accordance with this subsection): Provided, that in no case
may such amount exceed the difference between 42 times the base
monthly rental as determined in accordance with this subsection and 42
times the monthly rental actually required for the replacement dwelling
occupied by the displaced person.
(A) Base Monthly Rental. The base monthly rental shall be the lesser
of the average monthly rental paid by the displaced person for the
3-month period prior to initiation of negotiations or 30 percent of the dis-
placed person's average monthly income. (See subsection 6008(1).)
Where the displaced person was the owner of the dwelling from which
he was displaced or was not required to pay rent for that dwelling, the eco-
nomic rent (see subsection 6008(h)) shall be used in lieu of the average
monthly rental to calculate base monthly rental.
(B) Comparable Rental. The monthly rental for a comparable replace-
ment dwelling shall be the amount of rent determined by the public entity
by one of the methods described in paragraph 6102(c)(1), considering
rental charges instead of listing price or acquisition cost.
(C) Whichever method is selected the cost shall be updated to within
three months of the date of rental of the replacement dwelling.
(2) Downpayment. The downpayment for which a payment specified
under paragraph (a)(2) of this section may be made, shall not exceed the
amount of a reasonable downpayment for the purchase of a comparable
replacement dwelling where such purchase is financed, plus expenses in-
cident to the purchase of a replacement dwelling computed in accordance
with Section 6102. The full amount of a downpayment under this section
shall be applied to the purchase of the replacement dwelling and shall be
shown on the closing statement or other document acceptable to the pub-
lic entity.
(e) Rental Payments for Displaced Owners and Dependents.
( 1 ) Owners. A displaced owner who elects to rent rather than purchase
a replacement dwelling and who meets the eligibility conditions speci-
fied in subsection (b) is eligible for the payment specified in paragraph
(a)(r).
(2) Dependents. A dependent who is residing separate and apart from
the person or family providing support, whether such separate residence
is permanent or temporary, shall be entitled to payment under this sec-
tion, but such payment shall be limited to the period during which the dis-
placed dependent resides in the replacement dwelling. At the time the
displaced dependent vacates that dwelling, no further payment under this
section shall be made to such person. For the purposes of this paragraph
a "dependent" shall be a person who derives fifty-one percent or more of
his income in the form of gifts from any private person or any academic
scholarship or stipend. Full-time students shall be presumed to be depen-
dents but may rebut this presumption by demonstrating that fifty percent
or more of their income is derived from sources other than gifts from
another private person or academic scholarships or stipends.
Dependents residing with the family of which they are a part shall not
be entitled to any payment except as a part of the family.
(f) Disbursement. Except where specifically provided otherwise, the
public entity shall have the authority to disburse payments under this sec-
tion in a lump sum. monthly or at other intervals acceptable to the dis-
placed person.
-For tiiosc who. pursuant to the criteria set fonh in Government Code section
7260(i)(3)( A) through (.1). would have qualified as a "displaced person"" prior to
.lanuary 1. 1 W8. benefits shall tie provided tor 48 months provided they do not ex-
ceed !i>5.23().
NOTt;: Authority eiied: Section 50460. Health and Safety Code. Reference: Sec-
lions 7260(i) and 7264. Government Code.
History
1. Amendment of subsections (a), (a)(2). (d)(]). (d)(1)(A) and (d)(2) and new
NoTi: fried 8-12-97: operative 9-1 1-97 (Register 97. No. 33).
2, Amendment of subsection (a)( 1 ) and (d)( 1 )-(d)( 1 )( A) filed 10-7-99; operative
ll-6-99(Register99. No. 41).
§6106. Proration of Payments.
For the purpose of calculating an alternate payment under section
6098 or a replacement housing payment under section 6102 or 6104. two
or more individuals (whether they are members of one family or not) liv-
ing together in and displaced from a single dwelling shall be regarded as
one person.
Where a tenant is sharing a single-family dwelling with an owner-oc-
cupant and paying the owner-occupant rent for the privilege, the tenant
shall not be entitled to more than one-half of the rental supplement other-
wise payable. The owner-occupant shall not be required to share the pay-
ment to which he is entitled or accept a prorated amount.
History
1. Amendment tiled i 1-.S-76 as an emergency; designated effective 1 1-27-76
(Register 76, No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8).
§ 6108. Condition of Replacement Dwelling.
(a) When a displaced person qualifies for a replacement housing pay-
inent (under section 6102 or 6104) by purchasing or renting a replace-
ment dwelling, the unit, as a general rule, must be decent, safe and sani-
tary. There are three exceptions. One is described in paragraph
6040(a)(6). The others are:
( 1) If the purchase of such a dwelling is the result of the public entity's
failure to identify a reasonable number of comparable replaceinent
dwellings as required or if the dwelling is one to which the person was
referred by the public entity, the condition of the dwelhng does not affect
eligibility for a replacement housing payment.
(2) If the purchase of such a dwelling is not the result of a public enti-
ty's referral or failure to refer, the otherwise eligible person qualifies for
a replacement housing payment if the unit is brought into compliance
with the decent, safe and sanitary standard. In this situation payment shall
be limited to the amount that would be provided in connection with the
purchase of a similar, comparable replacement dwelling or the sum of the
actual costs of acquisition (including related expenses) and rehabilita-
tion, whichever is less.
(b) A public entity shall not induce or encourage a displaced person to
acquire a dwelling which does not satisfy the comparable replacement
housing standard. (See section 6008(c).)
§ 61 1 0. Certificate of Eligibility.
Upon request by a displaced homeowner or tenant who has not yet pur-
chased and occupied a replacement dwelling, but who is otherwise eligi-
ble for a replacement housing payment, the public entity concerned shall
certify to any interested party, financial institution, or lending agency,
that the displaced homeowner or tenant will be eligible for the payment
of a specific sum if he purchases and occupies a dwelling within the time
limits prescribed.
§ 61 1 2. Manufactured Homes and Mobilehomes.
(a) General. A manufactured home or mobilehome is a dwelling. (See
subsection 6008(g).) A person displaced from a manufactured home or
Page 274
Register 99, No. 41; 10-8-99
Title 25
Department of Housing and Community Development Programs
5^6124
mobilchonic imisi satisfy ihe same eligibility requiiemenis and must be
piDvided the same assistance, assurance and payments as a person dis-
placed from a conventional dwelling.
(b) Moving Expenses. If a manul'actuied home or mobilehome is
moved to another site, the displaced person shall be compensated for
moving expenses in accordance with sections 6090 and 6092, The provi-
sions ol" these sections which generally apply only to businesses and
farms shall also apply to displaced persons who move a manufactured
home or mobilehome.
(c) Replacement Housing Payments.
( 1 ) A person who owns a manufactured home or mobilehome and site
and as a replacement purchases botii a dwelling and site shall be provided
a replacement housing payment in accordance with section 6102. A per-
son who owns a manufactured home or mobilehome and site, and as a re-
placement rents both a dwelling and site, shall be provided a payment in
accordance with section 6104.
(2) A person who rents a manufactured home or mobilehome and site,
and as a replacement rents or purchases a dwelling and site, shall be pro-
\ided a payment in accordance with section 6104.
(3) A person who owns a manufactured home or mobilehome and site,
and as a replacement purchases a dwelling and rents a site, shall be pro-
vided a payment in accordance with sections 6102 and 6104. The pay-
ment shall be limited to the lesser of:
(A) The amount necessary to purchase a conventional comparable re-
placement manufactured home and mobilehome; or
(R) The amount necessary to purchase a replacement manufactured
home or mobilehome (in accordance with section 6102) plus the amount
necessary to rent a replacement site (in accordance with section 6104).
In calculating this amount, the economic rent for the site shall be used in
lieu ot average monthly rental to determine the base monthly rental (as
provided in paragraph 6104(d)(1)).
(4) A person who owns a site from which he moves a manufactured
home or mobilehome shall be provided a replacement housing payment
under section 6102 if he purchases a replacement site and under section
6104 if he rents a replacement site.
(5) A person who owns a manufactured home or mobilehome which
is acquired and rents the site shall be provided payment as follows:
(A) If a manufactured home or mobilehome, as appropriate, is not
available the amount required to purchase a conventional replacement
dwelling (in accordance with section 6102);
(B) The amount necessary to purchase a replacement manufactured
home or mobilehome (in accordance with section 6102) plus the amount
necessary to lease, rent or make a downpayment on a replacement site (in
accordance with section 6104); or
(C) If he elects to rent a replacement manufactured home or mobile-
home and site, the amount required to do so in accordance with section
6104. In calculating this payment, the average monthly rental shall equal
the economic rent for the manufactured home or mobilehome plus the ac-
tual rent for the site.
(6) Similar principles shall be applied to other possible combinations
of ownership and tenancy upon which a claim for payment might be
based.
NotF;: Aulhoritv cited: Section .■S0460. Health and Safety Code. Reference: Sec-
lions 1 8007 and' 1 S008. Health and Safety Code.
History
I . Amendment of section and new N< )Ti; filed 8- 1 2-97; operative 9-1 I -97 (Reeis-
ter97.No. 33).
§ 61 1 4. Affected Property.
(a) In addition to the payments required by Section 7262 of the Act (see
sections 6090, 6092, 6094, 6096, 6098 and 6100), as a cost of acquisition,
the public entity shall make a payment to any affected property owner
meeting the requirements of this section.
(b) Such affected property is immediately contiguous to property ac-
quired for airport purposes and the owner shall have owned the property
affected by acquisition by the public entity not less than 1 80 days prior
to the initiation o\' negotiation for acquisition of the acquired property.
(c) Such payment, not to exceed fifteen thousand dollars ($22,500).
shall be the amount, if any, which equals the actual decline in the fair mar-
ket value of the property of the affected property owner caused by the ;ic-
quisition by the public entity for airport purposes of other real property
and a change in the use of such property.
(d) The amount, if any, of acuial decline in fair market value o\' af-
fected property shall be determined acct)rding to rules and regulations
adopted by the public entity. Such rules and regulations shall limit pay-
ment under this section only to such circumstances in which the decline
in fair market value of affected property is reasonably related to objective
physical change in the u.se of acquired properly.
(e) "Affected property" tneans any real properly which actually de-
clines in fair market value because of acquisition by a public entity for
public use of other real property and a change in the use of the real proper-
ty acquired by the public entity.
History
1. Amendment of subsection (c) liied 10-7-99: operative 1 1-6-99 (ReL'ister 99.
No. 41),
Article 4. Last Resort Housing
§6120. Purpose.
The purpose of this part is to set foiTh the criteria and procedures for
assuring that if the action of a public entity results, or will result in dis-
placement, and comparable replacement housing will not be available as
needed, the public entity shall use its funds or funds authorized for the
project to provide such housing.
§ 6122. Determination of Need for Last Resort Housing.
If on the basis of data derived from surveys and analyses which satisfy
the requirements of sections 6048 and 6052, the public entity is unable
to demonstrate that comparable replacement housing will be available as
required, the head of the public entity shall determine whether to use the
public entity's funds or the funds authorized for the project to provide
such necessary replacement housing or to modify, suspend or terminate
the project or undertaking.
§ 6124. Development of Replacement Housing Plan.
(a) General.
( 1 ) Following the determination pursuant to section 6 1 22, the head of
the displacing public entity shall develop or cause to be developed a re-
placement housing plan to produce a sufficient number of coinparable re-
placement dwellings. The plan shall specify how, when and where the
housing will be provided, how it will be financed and the amount of funds
to be diverted to such housing, the prices at which it will be rented or sold
to the families and individuals to be displaced, the arrangements for
housing management and social services as appropriate, the suitability
of the location and environmental impact of the proposed housing, the
arrangements for maintaining rent levels appropriate for the persons to
be rehoused, and the disposition of proceeds from rental, sale, or resale
of such housing. If a referendum requirement or zoning presents an ob-
stacle, the issue shall be addressed.
(2) All contracts and subcontracts for the construction, rehabilitation
or management of last resort housing shall be let without discrimination
as to race, sex, marital status, color, religion, national origin, ancestry or
other arbitrary circumstance and pursuant to an affinnative aciioti pro-
gram. The public entity shall encourage participation by minority per-
sons in all levels of construction, rehabilitation, planning, financing and
management of last resort housing. When the housing will be located in
an area of minority concentration, the public entity shall seek to secure
significant participation of minorities in these activities. The public enti-
ty shall require that, to the greatest extent feasible, opportunities for train-
ing and employment arising in connection with the planning, construc-
tion, rehabilitation, and operation of last resort housing be given to
persons of low income residing in the area of such housing and shall de-
termine and implement means to secure the participation of small busi-
nesses in the performance of contracts for such work.
Page 275
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§6126
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) Citizen Participation.
( 1 ) Iftlie need lor last resort housing exceeds 25 units, the head of the
displacing public entity shall establish a committee which will consult
with and provide advice and assistance to the displacing public entity in
the development of the plan. The commiliee should include appointed
representatives of the displacing entity and state and local agencies
knowledgeable regarding housing in the area, including but not limited
to the local housing authority and the central relocation agency, if any.
In addition, the committee should include representatives ol' other appro-
priate public groups (forexample, local and areawide planning agencies)
and private groups knowledgeable regarding housing and the problems
of housing discrimination.
(2) The committee shall include representatives of the residents to be
displaced. These representatives may be appointed by the displacing en-
tity or elected by the residents, as the residents wish. Resident representa-
tives shall, at a minimum, constitute one-third of the committee member-
ship. Votes shall be allocated so that the total votes of resident
representatives shall equal one-half of the total votes of the committee
membership.
(J) The plan must be approved by the vote of a simple majority of the
committee membership, in the event the committee fails to approve the
plan, the local governing body or. where the displacing entity is a state
agency, the head of the state agency may substitute its approval.
(c) Consultation with Other Housing Agencies and Organizations.
The head of the displacing public entity may consult or contract with
the department, a local housing authority, or other agency or organization
having experience in the administration or conduct of housing programs
to provide technical assistance and advice in the development of the re-
placement housing plan.
§ 6126. Submission of Plan for Comment.
The head of the displacing public entity shall submit the plan and all
significant amendments to the local housing and planning agencies for
comment and to assure thai the plan accurately reflects housing condi-
tions and needs in the relocation area. Reviewing agencies shall have 30
calendar days following receipt of the plan to prepare their comments.
Copies of all comments received shall be forwarded to the committee and
available to all interested persons.
General notice of the plan shall be provided. Notice shall be designed
to reach the residents of the relocation area; it shall be in accordance with
the provisions of paragraph 6046(a)(3) and subsection 6046(b); and it
shall be provided 30 days prior to submission to the committee, or the lo-
cal governing body or head of state agency for approval.
NoTE: Authority cited; Section 50460, Health and Safety Code. Reference: Sec-
tions 7260.3(a)(.'>) and 7264.5, Government Code.
History
1. Amendment of first paragraph and new NoTF filed 8-1 2-97; operative 9-1 1-97
(Reeister97, No, 33).
§ 6128. Determination by Displacing Public Entity of
Feasibility and Compliance.
Upon receipt and consideration of the comments, the displacing public
entity shall determine whether or not;
(a) The plan is feasible.
(b) The plan complies with applicable environmental standards and
procedures.
(c) The plan is compatible with the local general plan and housing ele-
ment and the areawide housing plan or strategy.
If any of the above determinations by the displacing public entity is
negative the displacing public entity shall revise the plan as necessary.
Substantial modifications in the plan shall be submitted for review and
comment as provided in section 6126. If necessary for timely implemen-
tation of the plan or execution of the project, the head of the displacing
public entity may shorten the time allowed in section 6126 for review of
modifications.
§ 6130. Implementation of the Replacement Housing Plan.
Upon making the determinations required by section 6128, the head
of the displacing entity may expend funds and take such other actions as
necessary lo provide, rehabilitate, or constaict replacement housing pur-
suant to the approved replacement housing plan through methods includ-
ing but not limited to the following:
(a) Transfer of funds to slate and local housing agencies.
(b) Contract with organizations experienced in the development of
housing.
(c) Direct construction by displacing public entity.
Whenever practicable, the head of the displacing public entity should
utilize the services of federal, state, or local housing agencies, or other
agencies having experience in the adininislration or conduct of similar
housing programs.
§ 6132. Housing Production.
The head of the displacing public entity shall monitor the production
of the last resort housing to ensure that it is in accordance with the plan.
§ 6134. Jointly Sponsored Development.
Where several agencies are administering programs resulting in resi-
dential displacement, opportunities shall be sought for joint development
and financing to aggregate resources in order most efficiently to provide
replacement housing in sufficient quantity to satisfy the aggregate needs
of such programs.
§ 6136. Last Resort Housing in Lieu of Payments.
A public entity shall not require a displaced person to accept a dwelling
provided pursuant to this Article in lieu of the displaced person's acquisi-
tion payment, if any, for the real property from which he is displaced or
the relocation payments for which he may be eligible.
§ 6138. Conformity with the Act and Other Statutes,
Policies and Procedures.
(a) Civil Rights and Other Acts. The administration of this Article shall
be in accord with the provisions of all applicable federal and slate non-
discrimination laws and regulations issued pursuant thereto.
(b) Dwelling and Relocation Standards. Determinations made pur-
suant lo .section 61 22 and any plan developed and implemented for pro-
viding replacement housing and all such housing provided thereunder
shall be in conformity with the standards established in the Act and
Guidelines.
NOTE: Authority cited; Section 50460, Health and Safety Code. Reference; Sec-
tion 7260.5(c)(4), Govemment Code.
History
1. Amendment of subsection (a) and newNorr; filed 8-12-97; operative 9-1 1-97
(Register 97. No. 33).
§6139. Last Resort Housing.
(a) Whenever comparable replacement dwellings are not available, or
are not available within the monetary limits of Government Code sec-
tions 7263 and 7264, as appropriate, the displacing agency shall provide
additional or alternative assistance under the provisions of this pari.
(b) The methods of providing replacement housing of last resort in-
clude, but are not limited to:
( 1) A replacement housing payment calculated in accordance with the
provisions of sections 6102 or 6104. as appropriate, even if the calcula-
tion is in excess of the monetary limits of Govemment Code sections
7263 and 7264. A rental assistance payment under this part shall be paid
to the displaced person in a lump sum. or at the discretion of the displac-
ing agency. $5,250 shall be paid lo the displaced person in a lump sum
upon displacement and the remainder of the payinenis shall be paid to the
displacee in periodic payments over a period not to exceed 42 months un-
less otherwise specified by statute.
(2) Major rehabilitation of and/or additions loan existing replacement
dwelling in a sum equal to or greater than the payment to which the dis-
placed person is entitled under subsection (h)(1).
(3) The construction of a new replacement dwelling in a sum equal to
or greater than the payment to which the displaced person is entitled un-
der subsection (b)(1) of this section.
Page 276
Register 99, No. 41; 10-8-99
Title 25
Department of Housing and Community Development Programs
^6158
(4) The rclocalion iind. if necessary, rehabilitation of a dwelling.
(5) The purchase of land and/or a replacement dwelling hy the displac-
ing agency and siihsequenl sale or lease lo, or exchange with a displaced
person.
(6) For purposes olaccommodating the needs ol'handicapped persons,
the renio\ al of barriers lo the handicapped,
(c) Only al the discretion of displacing agencies are post-acquisilion
tenants entitled lo last resort housing payments.
Noii:; Authority cited: Section .^0460. Health and .Salety Code. Reference: Sec-
tions 726.^1. 7264 and 7264.5. Goveninienl Code.
H [.STORY
1. New section tiled 8-12-97; operative 9-1 1-97 (Register 97. No. 3.^).
2. Aniendnienl of subsection (b)( I ) tiled 10-7-99: operative 1 1-6-99 (Reeislcr
99. No. 41).
Article 5. Grievance Procedures
§6150. Purpose.
The purpose of this article is to set forth guidelines for processing ap-
peals from public entity determinaiions as to eligibility, the amount of
payment, and for processing appeals from persons aggrieved by a public
entity's failure to refer them to comparable permanent or adequate tem-
porary replacement housing. Public entities shall establish procedures to
implement the provisions of this Article.
§ 61 52. Right of Review.
(a) Any complainant, that is any person who believes himself ag-
grieved by a determination as to eligibility, the atnount of paytnent. the
failure of the public entity to provide comparable permanent or adequate
temporary replacement housing or the public entity's property manage-
ment practices may, at his election, have his claim reviewed and recon-
sidered by the head of the public entity or an authorized designee (other
than the person who made the determination in question) in accordance
with the procedures set forth in this article, as supplemented by the proce-
dures the public entity shall establish lor such review and reconsidera-
tion.
(b) A person or organization directly affected by the relocation plan
may petition the department to review the final relocation plan of a public
entity lo determine if the plan is in compliance with state laws and guide-
lines or review the implementation of a relocation plan to determine if the
public entity is acting in compliance with its relocation plan. Review un-
dertaken by the department under this section shall be in accordance with
the provisions of sections 6158 and may be informal. Before conducting
an investigation, the department should attempt to constrain disputes be-
tween parties.
Failure to petition the department shall not limit a complainant's right
to seek judicial review.
(c) If a relocation appeals board has been established pursuant to Sec-
lion 3341 7.5 of the Health and Safety Code, a city by ordinance may des-
ignate the board to hear appeals from local public entities which do not
have an appeal process. In the absence of such an ordinance, public enti-
ties shall establish procedures to implement the provisions of this Article.
NOTf,: Authority cited: Section 50460, Health and Safety Code. Reference: Sec-
tion 7266. Government Code.
Hlstory
1. Amendment of subsection (b) and new NoTi: filed 8-12-97; operative 9-1 1-97
(Register 97, No. .3.3).
§ 6154. Notification to Complainant.
If the public entity denies or refuses to consider a claim, the public enti-
ty's notification to the complainant of its determination shall inform the
complainant of its reasons and the applicable procedures for obtaining re-
view of the decision. If necessary, such notification shall be printed in a
language other than English in accordance with section 6046.
§ 6156. Stages of Review by a Public Entity.
(a) Request for Further Written Information. A complainant may re-
quest the public entity to provide him with a full written explanation of
its determination and the basis iherefore, if he feels thai the explanation
accompanying the payment of the claim or notice of the eniiiy's determi-
nation was incorrect or inadequate. The public entity shall prov ide such
an explanation to the complainant within three weeks of its receipt of his
request.
(b) Informal Oral Presentation. A complainant may request an infor-
mal oral presentation before seeking formal review and reconsideration.
A request for an informal oral presentation shall be filed within the perit)d
described in subsection (d) of this section, and within 15 days of the re-
quest the public entity shall aflbrd the complainant the opportunity to
make such presentation. The complainant may be represented by an at-
torney or other person of his choosing. This oral presentation shall enable
the complainant to discuss the claim with the head ol'the public entity or
a designee (other than the person who made the initial determination)
having authority to revise the initial determination on the claim. The pub-
lic entity shall make a summary of the matters discussed in the oral pre-
sentation to be included as part of its file. The right to formal review and
reconsideration shall not be conditioned upon requesting an oral presen-
tation.
(c) Written Request for Review and Reconsideration. Al any lime
within the period described in subsection (d) a complainant may file a
written request for formal review and reconsideration. The complainant
may include in the request for review any statement of fact within the
complainant's knowledge or belief or other material which may have a
bearing on the appeal. If the complainant requests more lime lo gather
and prepare additional material for consideration or review and dem(.)n-
strates a reasonable basis therefor, the complainant's request should be
granted.
(d) Time Limit for Requesting Review. A complainant desiring either
an informal oral presentation or seeking a formal review and reconsidera-
tion shall make a request to the public entity within eighteen months fol-
lowing the date he moves from the properly or the date he receives final
compensation for the property, whichever is later.
§ 6158. Formal Review and Reconsideration by the Public
Entity.
(a) General. The public entity shall consider the request for review and
shall decide whether a modification of its initial determination is neces-
sary. This review shall be conducted by the head o\' the public entity or
an authorized, impartial designee. (The designee may be a commiiiee).
A designee shall have the authority to revise the initial determination or
the determination of a previous oral presentation. The public entity shall
consider every aggrieved person's complaint regardless of form, and
shall, if necessary provide assistance to the claimant in preparing the
written claim. When a claimant seeks review, the public entity shall in-
form him that he has the right lo be represented by an attoniey. to present
his case by oral or documentary evidence, to submit rebuttal evidence,
to conduct such cross-examination as may be required for a full and true
disclosure of facts, and to seek Judicial review once he has exhausted ad-
ministrative appeal.
(b) Scope of Review. The public entity shall review and reconsider its
initial determination of the claimant's case in light of:
( 1 ) All material upon which the public agency based its original deter-
mination including all applicable rules and regulations, except ihal no ev-
idence shall be relied upon where a claimant has been improperly denied
an opportunity to controvert the evidence or cros.s-examine the witness.
(2) The reasons given by the claimant for requesting review and recon-
sideration of the claim.
(3) Any additional written or relevant documentary material submitted
by the claimant.
(4) Any further information which the public entity in its discretion,
obtains by request, investigation, or research, to ensure fair and full re-
view of the claim.
(c) Determination on Review by Public Entity.
( 1 ) The determination on review by the public entity shall include, bui
is not limited to:
(A) The public entity's decision on reconsideration of the claim.
Page 276.1
Register99, No. 4t; 10-8-99
§ 6160
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
I B) The faclual and legal basis upon which ihe decision rests, includ-
ing any perlinenl explanation or rationale.
(C) A statement to the claimant of the right to further administrative
appeal, if the public entity has such an appeal structure, or if not. a state-
ment to the claimant that administrative remedies have been exhausted
and judicial review may be sought.
(2) The determination shall be in writing with a copy provided to tiie
claimant.
(d) Time Limits.
( 1 ) The public entity shall issue its determination of review as soon as
possible but no later than 6 weeks from receipt of the last material sub-
mitted for consideration by the claimant of the date of the hearing, which-
ever is later.
(2) in the ca.se of complaints dismissed forunlimeliness or for any oth-
er reason not based on the merits of the claim, the public entity shall fur-
nish a written statement lo the claimant stating the reason for the dismiss-
al of the claim as soon as possible but no later than 2 weeks from receipt
o\' the last material submitted by the claimant or the date of the hearing,
whichever is later.
§ 61 60. Refusals to Waive Time Limitation.
Whenever a public entity rejects a request by a claimant for a waiver
of the time limits provided in section 6088, a claimant may file a written
request for review of this decision in accordance with the procedures set
forth in .sections 6156 and 6158. except that such written request for re-
view shall be filed within 90 days of the claimant's receipt of the public
entity's determination.
§ 61 62. Extension of Time Limits.
The time limits specified in Section 6156 may be extended for good
cause by the public entity.
§ 6164. Recommendations by Third Party.
Upon agreement between the claimant and the public entity, a mutual-
ly acceptable third party or parties may review the claim and make advi-
sory recommendations thereon to the head of the public entity for its final
determination. In reviewing the claim and making recommendations to
the public entity, the third party or parties shall be guided by the provi-
sions of this Article.
Except to the extent the confidentiality of material is protected by law
or its disclosure is prohibited by law. a public entity shall permit the
claimant to inspect all files and records bearing upon his claim or the
pro.secution of the claimant's grievance. If a claimant is improperly de-
nied access to any relevant material bearing on the claim, such material
may not be relied upon in reviewing the initial determination.
§6166. Review of Files by Claimant.
Except to the extent the confidentiality of material is protected by law
or its disclosure is prohibited by law. a public entity shall permit the
claimant to inspect all files and records bearing upon his claim or the
prosecution of the claimant's grievance. If a claimant is improperly de-
nied access to any relevant material bearing on the claim, such material
may not be relied upon in reviewing the initial determination.
§ 6168. Effect of Determination on Other Persons.
The principles established in all determinations by a public entity shall
be considered as precedent for all eligible persons in similar situations
regardless of whether or not a person has filed a written request for re-
view. All written determinations shall be kept on file and available for
public review.
§ 61 70. Right to Counsel.
Any aggrieved party has a right to representation by legal or other
counsel at his expense at any and all stages of the proceedings set forth
in these sections.
§ 6172. Stay of Displacement Pending Review.
If a complainant seeks to prevent displacement, the public entity shall
not require the complainant to move until at least 20 days after it has made
a determination and the complainant has had an opportunity to seek judi-
cial review. In all cases the public entity shall notify the complainant in
writing 20 days prior to the proposed new date of displacement.
§6174. Joint Complainants.
Where more than one person is aggrieved by the failure of the public
entity to refer them to comparable permanent or adequate temporary re-
placement housing the complainants may join in filing a single written
request for review. A determination shall be made by the public entity for
each of the complainants.
§6176. Judicial Review.
Nothing in this Article shall in any way preclude or limit a claimant
from seeking judicial review of aclaim upon exhaustion of such adminis-
trative remedies as are available under this Article.
Article 6. Acquisition Policies
§6180. Purpose.
The purpose of this Article is to set forth the practices to be followed
with respect to acquisition of real property by a public entity. Public enti-
ties shall, to the greatest extent practicable, be guided by these practices.
§6182. Acquisition.
(a) A public entity shall make every reasonable effort to acquire prop-
erty by negotiation and to do so expeditiously.
(b) Before negotiations are initiated (see subsection 6008(n)) a public
entity shall:
[The next page is 277.]
Page 276.2
Register 99, No. 41; 10-8-99
Title 25
Department of Housing and Community Development Programs
5J6I82
( 1 ) Ha\e the properly appr;iised. giving ihe owner or his representative
designated in writing an opportunity, by reasonable advance written no-
tice, to accompany the appraiser during the inspection of the property;
(2) If the owner of real property is alst) the owner of a business con-
tiucted on the real property to be acquired or on the remainder, inform
him of his possible right to compensation for loss of goodwill. The public
entity should include a copy of the pertinent provisions of the Eminent
Domain Law (Code of Ci\il Procedure Sections 12.^0.010 ci scq.).
0) Establish an amount it believes to be jusl compensation for the
property, which amount shall, in noe\ent. be less than the public entity's
approved appraisal of the lair market value of the property as improved.
(c) The determination of just compensation shall be based upon con-
sideration of:
( 1 ) The real properly being acquired;
(2) Where the real properly acquiied is part of a larger parcel, the inju-
ry, if any. to the remainder; and
(.1) Loss of goodwill, where the owner of the real property is also the
t)wner of a business conducted upon the properly to be acquired or on the
remainder and where the provisions of the Eminent Domain Law pertain-
ing to compensation Ibr loss of goodwill are satisfied. Goodwill consists
of the benefits that accrue to a business as a result of its location, reputa-
\\o[\ foi- dependability, skill or quality, and any other circumstances re-
sulting in probable retention of old or acquisitit)n o'i new patronage.
(d) As soon as possible after the amount of just compensation is estab-
lished, the public entity shall offer to acquire the property for the full
amount so established and shall provide the owner with a written state-
ment of the basis for determination of just compensation. The statement
shall include the following:
( 1 ) A general statement of the public use for which the property is to
be acquired.
(2) A description of the location and extent of the property to be taken,
with sufficient detail for reasonable identification, and the interest to be
acquired.
(.•!) An inventory identifying the buildings, structures, fixtures, and
other improvements.
(4) A recital of the amount of the offer and a statement that such
amount:
(A) Is the full amount believed by the public entity to be just compen-
sation for the property taken;
(B) Is not less than the approved appraisal of the fair market value of
the property as improved;
(C) Disregards any decrease or increase in the fair market value of the
real property to be acquired prior to the date of valuation caused by the
public improvement for which the property is to be acquired for such
public improvement, other than that due to physical deterioration within
the reasonable control of the owner or occupant; and
(D) Does not reilect any consideration of or allowance for any reloca-
tion assistance and payments or other benefits which the owner is entitled
to receive under an agreement with the public entity, except for an
anu)unt to compensate the owner for that portion of loss of goodwill pro-
vided in accordance with Section 6100.
1."^) If the real property isa portion of a larger parcel, the statement shall
include an app<,)rtionment of the total estimated just compensation for the
partial acquisition between the value of the property being taken and the
amount of damage, if any, lo the remainder of the larger parcel from
which such property is taken.
(6) If the owner of the real property to be acquired is also the owner
of a business conducted upon the property or the remainder, the stateinent
shall include an indication of the amount of compensation for loss of
goodwill.
(e) At the initiation of negotiations (see subsection 6008(n)) a public
entity shall provide written notification lo the owner of a business con-
ducted on the real property to be acquired or on the remainder, who is not
also the owner of ihe real property, concerning his possible right lo com-
pensation for loss of goodwill. The public entity should include a copy
of the pertinent provisions of the Eminent Domain Law (C\)dc t)f ('i\il
Procedure, Section 12.^0.010 et seq.).
(f) ( I ) If after receiving the public entity's offerthe owner requests ad-
ditional information regarding the determination of just compensation,
the public entity shall provide the following information to the e.xlenl ihal
the determination of just compensation is based thereon:
(A) The date of valuation used.
(B) The highest and best use of the properly.
(C) The applicable zoning.
(D) Identification of some of the sales, contracts to sell and purchase.
and leases supporting the determination of value.
(E) If the property is a portion of a larger parcel, a descriplii)n t)f ihe
larger parcel, with sufficient detail for reasonable identification.
(2) With respect to each sale, contract, or lease prov ided in accordance
with ( I )(D) above, the following data should be provided:
(A) The names and business or residence addresses, if knt)wn. o\ the
parties to the transaction.
(B) The location of the property subject to the transaction.
(C) The dale of transaction.
(D) The price and other significant terms and circumstances of the
transaction, if known. In lieu of stating the other terms and circum-
stances, the public entity may. if the document is available for inspection,
state the place where and the times when it is available for inspection.
t.^) The requirements of this subsection do not apply to requests made
after an eminent domain proceeding is commenced.
(g) Whenever a part of a parcel of property is to be acquired bv a public
entity for public use and the remainder, or a ponion of the remainder, will
be left in such size, shape or condition as to constitute an uneconomic
remnant the public entity shall offer to acquire the remnant if the t)wner
so desires. For the purposes of these Guidelines an "uneconomic rem-
nant" shall be a parcel of real property in which the owner retains an inter-
est after partial acquisition of his properly and which has little or no utility
or value to such owner. (Nothing in this subsection is intended lo limit
a public entity's authority to acquire real properly.)
(h) Nothing in this section shall be construed to deprive a tenant of the
right to obtain payment for his properly interest as otherwise provided by
law.
(i) ( 1 ) Prior lo commencement of an eminent domain proceeding the
public entity shall make reasonable efforts to discuss with the ow ner its
offer to purchase the owner's real property. The owner shall be given a
reasonable opportunity to present material which he believes to be rele-
vant as to the question of value and to suggest modification in the pro-
posed terms and conditions of the purchase, and the public entity shall
carefully consider the owner's presentation.
(2) Prior to commencement of an eminent domain proceeding, if the
evidence presented by an owner or a material change in the character or
condition of the property indicates the need for a new appraisal or il a sig-
nificant delay has occurred since the determination of jusl compensation,
the public entity shall have its appraisal updated. If a modification in the
public entity's determination of just compensation is warranted, an ap-
propriate price adjustment shall be made and the new amount determined
to be just compensation shall be promptly offered in writing to the ow ner.
(^j) ( 1 ) In no event shall the public entity either advance the time of con-
demnation, or defer negotiations or condemnation on the deposit ol' funds
in court for the use of the owner, or take any other action coercive or mis-
leading in nature, in order to compel or induce an agreement on the price
to be paid for the property.
(2) If any interest in property is to be acquired by exercise of the power
of eminent domain, the public entity shall promptly institute formal con-
demnation proceedings. No public entity shall intentionally make it nec-
essary for an owner to institute legal proceedings to prove the fact ol the
taking of this real property.
Page 277
(4-1-90)
§6184
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 6184. Notice of Decision to Appraise.
The public entity shall provide the owner with written notice of its de-
cision to appraise the real property as soon as possible alter the decision
lo appraise has been reached. The notice shall slate, as a minimum, that:
(a) A specific area is being considered for a particular public use:
(b) The owner's properly has been determined to be located within the
area: and
(c) The owner's property, which shall be generally described, may be
acquired in connection with the public use.
§6186. Time of Offer.
The public entity shall make its first written offer as soon as practicable
following service of the Notice of Decision to Appraise. (See section
6184.)
§ 6188. Notice of Land Acquisition Procedures.
(a) At the time the public entity notifies an owner of its decision to ap-
praise real property it shall furnish the owner a written explanation of its
land acquisition procedures, describing in non-technical, understand-
able terms the public entity's acquisition procedures and the principal
rights and options available to the owner.
(b) The notice shall include the following:
( 1 ) A description of the basic objective of the public entity's land ac-
quisition program and a reference to the availability of the public entity's
statement covering relocation benefits for which an owner-occupant
may be eligible;
(2) A statement that the owner or his representative designated in writ-
ing shall be given the opportunity to accompany each appraiser during
his inspection of the property.
(3) A statement that if the acquisition of any part of real property would
leave the owner with an uneconomic remnant as defined in subsection
6182(g) the public entity will offer to acquire the uneconomic remnant:
if the owner so desires;
(4) A statement that if the owner is not satisfied with the public entity's
offer of just compensation he will be given a reasonable opportunity to
present relevant material, which the public entity will carefully consider,
and that if a voluntary agreement cannot be reached the public entity, as
soon as possible, will either institute a formal condemnation proceeding
against the property or abandon its intention to acquire the property, giv-
ing notice of the latter as provided in section 6190.
(5) A statement that construction or development of a project shall be
so scheduled that no person lawfully occupying real property shall be re-
quired to move from a dwelling (assuming a replacement dwelling as re-
quired by these Guidelines will be available) or to move his business or
farm operation without at least 90 days written notice from the public en-
tity of the dale by which the move is required; and
(6) A statement that, if arrangements are made to rent the property to
an owner or his tenant for a short term or for a period subject to termina-
tion by the public entity on short notice, the rental will not exceed the less-
er of the fair rental value of the property to short term occupier or the pro
rata portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the
dv^elling shall be within his financial means. (See subsection 6008(c).)
§ 6190. Notice of Public Entity's Decision Not to Acquire.
Whenever a public entity which has forwarded a Notice of Decision
10 Appraise or has made a firm offer subsequently decides not to acquire
the property, the public entity shall serve a notice in writing on the owner,
all persons occupying the property and all other persons potentially eligi-
ble for relocation payments and assistance. This notice shall state that the
public entity has decided not to acquire the property. It shall be served
not later than 10 days following the date of the public entity decision not
to acquire.
§ 6192. Incidental Expenses.
If the real property is acquired by purchase, the public entity shall pay
all reasonable expenses incident to transfer. Among the expenses requir-
ing payment are: recording fees, transfer fees and similar expenses inci-
dent to the conveyance o\' real properly, and the pro rata portion of
charges for public service such as water, sewage and trash collection
which are allowable to a period subsequent to ihe date of transfer of title
to the public entity or the effective date of possession of such property
by the public entity, whichever is earlier. The public entity shall inform
the owner that he may apply for a rebate ol'the pro rata portion of any real
property taxes paid.
History
1. Amcndn)ciil filed I 1-5-76 as an ciiiergcncv; ciesignaici] cffccli\e 1 1-27-76
(Register 76. No. 44).
2. Ccnificate of Compliance filed 2-16-77 (Register 77. No. 8).
§ 6194. Short Term Rental.
(a) If the public permits an owner or tenant to occupy the real property
acquired on a rental basis for a short-term or for a period subject to termi-
nation by the public entity on short notice, the amount of rent required
shall not exceed the lesser of the fair rental value to a short-term occupier
or the pro rata portion of the fair rental value for a typical rental period.
If the owner or tenant is an occupant of a dwelling, the rental for the
dwelling shall be within his financial means. (See subsection 6008(c).)
(b) A post-acquisition tenant who occupies real properly acquired on
a rental basis for a short term and who is informed that the property has
been acquired for a public use shall be given not less than 30 days notice
of termination of the tenancy.
History
i . Amendment of subscciion (b) filed 1 1 -5-76 as an en)ergency; designated effec-
tive 1 1-27-76 (Register 76. No. 44).
2. Certificate of Compliance filed 2-16-77 (Register 77, No. 8).
§6195. Public Information.
The purchase price and other consideration paid by the public entity
is public information and shall be made available upon request.
§ 6196. Service of Notice.
Service of all notices required by this article shall be made eilher by
first class mail or by personal service upon the person to be notified.
§ 6198. Nonpossessory Interest Exception.
The provisions of 61 82(b), (c), (d)(4). and (0 and 61 88 shall not apply
to the acquisition of any easement, right-of-way, covenant or other non-
possessory interest in real property to be acquired for the construction,
reconstruction, alteration, enlargement, maintenance, renewal, repair or
replacement of sub-surface sewers, waterlines or appurtenance, drains,
septic tanks, or slorm water drains.
Attachment A
Minimum Contents of Informational Statement(s)
Foi' Distribution
To
Item To Be Included
1 . General description of the nature and types of acti-
vities that will be undertaken, including an identi-
fication of areas which may involve displacement.
A diagrammatic ske(ch of the project area should
be auached.
2. Statement that public action may result in displace-
aient but that no one lawtully occupying proper-
ty will be required to sunender possession with-
out at least 9() days' written notice from the public
entity and no one will be required to move until 90
days after the provision of information.
3. Assurance that families and individuals will not be
required to move before reasonable offers of de-
cent, safe, sanitary and otherwise comparable
housing within their financial means have been
made. e.\cept for the causes set forth in the local
agency's eviction pohcy (which shall be in accor-
dance with section 6058.)
Displaced
Persons
Business
Concerns
and Others
•
Page 278
(4-1-90)
Title 25
Department of Housing and Community Development Programs
§ 65(M)
1 1 cm In Be liuliidc'd
4. General description oflypes ol reloealion payments
a\ailable, including general eligibility criteria and
a caution against premature moves that might re-
sult in loss ol'eligibility tor a payment.
5. Idcniilkation of the agency's relocation program
and a description of the relocation services and
aids that will be available.
6. Kncourageiiienl to visit the ageticy's relocation ol-
lice and cooperate with the stall . The address, tele-
phone number, and hours of the relocation olfice
should be specified.
7. Inlormalion on replacement housing, including:
a. Rriel description of what constitutes compara-
ble repkicement housing, including physical stan-
dards.
b. Laymen's description o\ Federal lair housina
law (title VIII of Civil Rights Act of 1%8). and
applicable Stale and local fair housing laws, as
well as rights under Title IV of the Civil Rights Act
ofl%4.^
c. Statement that the public entity (or its agent ) will
itientify comparable replacement dwellings within
the financial means of and otherwise available to
displaced persons and will provide assistance to
persons in obtaining housing of their choice, in-
cluding assistance in the referral of complaints of
discrimination to the appropriate Federal. State or
local fair housing enforcement agency.
d. Statement that persons may seek theirown hous-
ing acconmiodations and urging them, if they do
so. to notify the relocation office prior to making
a commitment to purchase or occupy the
property.
8. Statement that the public entity will provide maxi
mum assistance in locating relocation accommo-
dations.including consultation with the Small
Business Administration and other governmental
agencies which might be of assistance.
^X Statement describing requirement for prior notifica-
tion to the agency of the business concern's inten-
tion to move.
10. Summary of the local agency's eviction policy,
which shall be in accordance with the provisions of
section 60.S8.
1 1 . Statement describing the agency's grievance pro-
cedure, its purpose, and how it may be used, which
procedure shall be in accordance with the provi-
sions ol Article 3.
For Disiribiilion
To
Business
Displaced Come Ills
Persons and Others
Subchapter 2. California Low-Income
Home Management Training Program
NOTi:: Authority cited: Sections 41 226 and .30626. Health and Safety Code. Ref-
erence: Sections 41220-41229 and 50625-.S()629. Health and Safety Code.
Hi. STORY
1. Renumbering from Chapter 1. Subchapter4(Seetions 1.300-1520, not consecu-
tive) to Chapter 6, Subchapter 2 (Sections 6200-6220. not consecutive) filed
1-28-77 as procedural and organizational; effective upon filing (Register 77,
No. 3). For prior history, see Register 76, No. 18.
2. Repealerol Subchapter 2 ( Articles 1-2. Sections 6200-6220, not consecutive)
filed 6-19-80: effective thirtieth day thereafter (Register 80, No. 23).
Subchapter 3. Housing Element Guidelines
NOTC: Authority cited: Section 30439. Health and Safety Code; and Section
63.^02(c). Government Code. Reference: Section 63302(e). Government Code.
History
1 . Renumbering from Chapter 1 , Subchapter 3 (Sections 1600-1630, not consecu-
tive) to Chapter 6, Subchapter 3 (Sections 6300-63.30, not consecutive) filed
1-28-77 as procedural and organizational; effective upon filing (Register 77,
No. 3). For prior history, see Register 76. No. 30.
2. New Subchapter 3, Articles 1-3 (Sections 6300-6330. not consecutive) refiled
4-1-77 as an emergency; designated effective 4-3-77 (Register 77, No. 14).
3. New Subchapter 3, Articles 1-3 (Sections 6300-63.">(). not ct)n.secuti\c) reliled
8-2-77 as an emergency; designated effective 8-3-77 (Register 77. No. 32).
4. Certificate of Compliance filed 1 I 29-77 (Register 77. No. 49). 3. Repealer of
Subchapter 3 (Sections 6300-6330, not consecutive) filed 6-9-82; effective
thirtieth day thereafter (Register 82. No. 24).
3. Repealer of Subchapter 3 (Sections 6300-6330. not consecutive) filed 6-9 82;
effective thirtieth day thcreafier (Recister 82. No. 24).
Subchapter 4. Housing Element Guidelines
NoTIi: Authority cited: Section 30439. Health and Safety Code, and Section
633()2(c). Govemmenl Code. Reference: Section 63302(c). Government Code.
History
1 . New Subchapter 4 ( Sections 6400-6478) filed 1 2-7-77; clfcctu e thirtieth da\
thereafter (Register 77. No. 30).
2. Amendment filed 3-1-79 as an emereencv; effective upon filini; (Rcjisier 79.
No. 18).
3. Amendment filed 8-28-79 as an emergency; elfecti ve upon filing ( Register 79.
No. 33). A Certificate of Compliance must be filed within 120 days oremergen-
cy language will be repealed on 12-26-79.
4. Certificate of Compliance filed 10-2.3-79 (Register 79. No. 43).
3. Repealerof Subchapter 4 (Sections 6400-6480. nt)t consecutive) liled 6-9-82;
effective thirtieth dav thereafter (Reeister 82. No. 24). For prior histt)r\ , see
Reeister80. No. 18.'
Subchapter 5. Department of Housing and
Community Development — Conflict of
Interest Code
§ 6500. General Provisions.
The Polifical Reform Act, Government Code Sections 81 ()()(), ci scq..
requires state and local government agencie.s to adopt and promiiigaie
Conflict of Interest Codes. The Fair Political Practices Commission has
adopted a regulation, 2 Adtn. Code of Regs. Section 18730. which con-
tains the terms of a standard Conflict of Interest Code, which can be in-
corporated by reference, and which may be amended by the Fair Political
Practices Commission to conform to amendments in the Political Reform
Act after public notice and hearings. Therefore, the terms of 2 Cal. Code
of Regs. Section 18730 and any amendments to it duly adopted by the
Fair Political Practices Commission, along with the attached Appendix
in which officials and employees are designated and disclosure catego-
ries are set forth, are hereby incorporated by reference and constitute the
Conflict of Interest Code of the Department and Commission of Housing
and Community Development.
Designated employees shall file statements of economic interests with
the agency who will make the staternents available for public inspection
and reproduction. (Gov. Code Section 81008). Upon receipt of the state-
ments of the Director, the agency shall make and retain a copy and for-
ward the original of these statements to the Fair Political Practices Com-
mission.
NoTC: Authority cited: Section 87300, Government Code. Reference; .Sections
81001, 87.300 and 8731 1, Government Code.
History
1. New subchapter 3 (sections 6300-6310 and Appendices A. H and C) filed
2-17-78; effeefive thirtieth day thereafter. Approved by FairPolitical Practices
Commission 10-4-77 (Register 78. No. 7).
2. Repealer of subchapter 3 (sections 6300-6310 and Appendices A-C) and new
subchapter 3 (section 6300 and Appendix) filed 2-26-81 ; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission l2-l-8()(Re<jister
81. No. 9).
3. Repealer of subchapter 3 (section 6300 and Appendix) and new subchapter 3
(section 6.300 and Appendices A and B) filed 3-19-83; effective upon filing
pursuant to Govemmenl Code section 1 1346.2(d). Approved by Fair Political
Practices Commission 2-13-83 (Register 83, No. 12).
4. Amendment of Appendices A and B filed 1 1-17-89; operative 12-17-89. Ap-
proved by Fair Political Practices Commission 3-23-89 (Register 89. No. 47).
3. Amendment filed 2-18-92; operative .3-19-91. Submitted to OAL for printing
only. Approved by Fair Political Practices Commission 12-17-91 (Reeister92,
No. 12).
6. Change without regulatory effect amending second paragraph ol section, and
amending Appendix A and B filed 6-27-96 pursuant to section 100, title 1. Cal-
ifornia Code of Regulations (Register 96. No. 26). Approved by Fair Political
Practices Commission 3-1-96.
Page 279
Register 2002, No. 40; 10-4-2002
§ 6500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
7. Amendment of appendices A and B filed 9-30-2002: operative 10-30-2002. -Consultants shall disclose pursuant to the broadest disclosure category in the
Approved by Hair Political Practices Comnussion 6-20-2002 (RcL'ister 2002. code subject to the following limitation:
No 40)
The Director may determine in writing that a pailicular consultant, although a
Appendix A '"designated position", is hired to perform a range of duties that is limited in scope
and thus is not required to fully comply with the disclosure requirements in this
Designated Positions section. Such written determination shall include a description of the consultant
,, • 1 i- ,1 • , •• J • J 1 duties and based upon that description, a statement of the extent of disclosure re-
Pcnsons in the following classes or posttions are designated employees ^i.jrements. The Director's determination is a public record and shall be retained
and shall make the types of disclosures set Ibrth in the disclosure category (or public inspection in the same manner and locations as this contlict of interest
listed opposite the position. ^■"'''^■
DISCLOSURE NOTt;: Authority cited: Section 87300. Government Code. Reference: Sections
CLASS OR POSITION CXIEGORY 87300-8731 1. Government Code,
Office of the Director
Director; Chief Deputy Direclor: Deputy. Directors: Appendix B
Assistant to the Director: Assistant l3irector for External Affairs:
Assistant for Policy Development: Disrlnsiire TatpPoriV*;
Director Marketing and Communications: Uisclosure Categories
Pro:|eci Manager/Major Information Technical Projects: 1 Financial interests of employees holding positions desienated in this
Stall Services Manasers (all levels): 3 . ,• ,-^ •• " r ,,
section are to be reported in statements oi economic interests as follows:
r^'^'^rn ' i/i-. . r^- . c. ff/- ^, u^ \ . i Desionatcd Employees in Category 1 must report:
Chief Counsel/Deputy Director: Staff Counsel (all levels): I ^ ^ ■' ^ ■' ^
Associate Government Program Analyst (all levels) 2 (a) All investments and any business positions m any business entity;
Division of Administration and Manu;^enient ^"^^ A" ^O"'"'-'" «^" '^^-^^Omc;
Deputy Director 1 (c) All interests in real property (excluding one's primary personal res-
Staff Services Managers (all levels): idence)
Data Processing Manager (all levels): Designated Employees in Category 2 must report:
Statt Procrammer Analyst: Stafr Inlormation Systems Analyst: ^ ^ -^ ^ -^ ^
Associate Programmer Analysts (Spec. & Supv.) (a) All investments, business positions in. or sources ol income from
Assoc. Information Systems Analysts (Spec. & Supv.) any entity of the type which has, in any manner, been affected by or sub-
Accounting Admimstrators (alUevels): iect to departmental regulations or policies (excluding regulations or po-
Accountine Officers (all levels): Aceountins Analysts (all levels): ■' . ,• , -, i" . -- >^ t
Business Service Officers (all levels): Business Service Assistant: li^"ies regarding building or energy standards).
Associate Governmental Program Analysts: (b) All investments, business positions in or sources of incotne from
Statf Services Analysts (except in the Personnel Office): .^„y ^,^1^^ engaged in the design of. development or rehabilitation of. sale
Trainina Olficer 3 , " "- .
or purchase ox. or investment in real propertv. manulactured or lactory-
Legiskitin; Division built housing.
Deputy Director: 1 ^ » ,, • "
Staff Services Managers (all levels): ('-'* ^'1 investments, business positions in or sources of income from
Associate Governmental Program Analyst. anv entity engaged in the design, development, rehabilitation, or con-
Staff Services Analyst 2 & 3 ^(ruction of public facilities.
Audit Division (d) Any interest in real property (excluding one's primary personal
Chief, Statf Management Auditor: , , ^ y, ^ residence) situated in any jurisdiction receiving or eligible for funding
Statf Services Management Auditor; Associate Management Auditors ^ -' -' ^ b a
from or through the section to which the designated employee is as-
Hoiisinii Policy Development Division signed.
Deputy Director; Assistant Deputy Director; (e) Investments, business positions, or sources of income from any en-
Housing and Community Development Managers (all levels); . ,. , . . , ..... ..... . .
Housing and Community Development Specialists (all levels); tity which is situated or doing business m any jurisdiction receiving or
Housing and Community Development Representatives (all levels); 1 eligible for funding from or through the section to which the designated
^ , ^ o , ^ r.- ■ ■ employee is assigned.
Lodes and Standards Division t-> • . j t- i ■ r- -,
Deputy Director; Assistant Deputy Director: Assistant Chief 1 Designated Employees in Category 3 must report:
Codes and Standards Administrators (all levels); Investments, business positions in, or sources of income from any
District Representatives (all levels); Staff Services Manager I: businessentity of the type which contracts with the department to provide
Mobilehome Resistration Manager; , ^ . i- „ ^ • i • u-
Mobilehome Reiistration Supervisor III; «• "^t^'" supplies, materials, services, machinery, or equipment.
Mobilehome Registration Specialist; 4 Designated Employees in Category 4 must report:
Investments, business positions, or sources of income from any busi-
SpmyDlrecSAS^Iam Deputy Director: "^'^ ^"t^^y which has been subject to or affected by any regulations or
Special Assistant to the Deputy Director 1 policies of the department relating to mobilehomes, manufactured
Housing and Community Development Representatives (all levels): homes, factory-built housing, mobilehome parks, labor camps, recre-
Housing and Community Development Specialists (all leveh); ^^j^^^, vehicles, commerciarcoaches, or any other programs or policies
Housing and Community Development Managers (all levels); ■ ■ ■ ... ^ * ^
Associate Governmental Program Analysts; administered by the division.
Management Services Technicians; Designated Employees in Category 5 must report:
Staff Services Analysts, Investments in, income from, and positions held with business entities
Loan and Grant Committee Members - ... , , . ^ ,. , . , . . ,
which were the subject of an audit during the reporting period.
Note: Authority cited: Section 87300, Government Code. Reference: Sections
Consultants^'^ 87300-8731 1, Government Code.
•
^: t^ ;1:
Page 280
Register 2002, No. 40; 10-4-2002
^
Barclays Official
California
Code of
Regulations
Title 25* Housing and Community
Development
Division 1. Housing and Community Development
Chapter 6.5. Program Operations
Vol. 33
TI-IOIVISON
* — ^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Program Operations
Table of Contents
Chapter 6.5. Program Operations
Table of Contents
Page
Page
Subchapter 1 .
Loan and Grant
Committees
§ 6900.
Commitlec Menibcrstiip.
§ 6902.
Cominittee .liirisdiction.
§ 6904.
ConiiTiittee Operations.
§ 6906.
Appeals.
Subchapter 2.
Program EhgibiJity and
AtTordabiHty ibr Lower
Income Households
§6910.
Scope and Applicability.
§6912,
Dellniiions.
§6914.
Gross Income.
§6916.
Net Income.
§6918.
Rent.
§ 6920.
Housing Cost of a Purchaser.
§ 6922.
AtTordabIc Rent.
§ 6924.
AtTordable Housing Costs
(Purchasers).
§ 6926.
Very Low Income Households.
§ 6928.
Lower Income Households.
§ 69.10.
Moderate Income Households.
§ 6932.
Income Limits.
282
§ 6940.
§ 6941.
§ 6942.
Article 2.
§ 6950.
Article 3.
§ 6960.
§6961.
§ 6962,
Article 4.
Subchapter 2.5.
Article
§ 6933.
§ 6935.2.
§ 6935.4.
vj 6935.6.
Artie
Ie2.
§ 6937.
§ 6937.2.
§ 6937.4.
Artie
Ie3.
§ 6939.
§ 6939.2.
§ 6939.4.
Subcha
ipter 3.
Artie
le 1.
Applicant Verification
Requirements 288. i
General Provisions 288.1
Authority and Purpose,
Application,
Definitions.
Nondiscrimination,
Eligibility for Benefits 290,1
Eligibility for Public Benefits.
Eligibility of Households.
TitTie at Which Eligibility Will Be
Determined.
Procedures for Determining
and Reporting Eligibility 290.1
Who Must Perform Verifications.
Method for Determining Eligibility.
Appeal Procedures,
California Environmental
Quality Act 290.3
General Provisions 290,3
§ 6970.
§ 697 1 ,
§ 6972.
§ 6973.
§ 6974.
Article 5.
§ 6980.
§6981.
§ 6982.
§ 6983.
Article 6.
Authority.
Purpose.
Application.
Definitions 290.3
Definitions.
Exempt Activities 290.4
General.
Statutory Exemptions.
Categorical Exemptions,
Procedures for Compliance
withCEQA 291
ChQA Responsibilities,
Procedure Where the Depailuicnt Is
Lead Agency.
Assumption of Lead Agency
Responsibilities,
Procedure Where the IX'pailment Is
a Responsible Agency.
Procedure for Federal Projects.
Application to Developmental
Activities 293
Exemption for Financial Assistance.
Division of Research and Policy
Development.
Division of Community Affairs.
Division of Codes and Standards.
Criteria for Decision-Making
and Findings 294
§ 6990.
Determining Significant Effect.
(.See Section 6950 for Definition,)
§6991.
Mandatory Findings of
Significance,
§ 6992.
Decision to Prepare an FfR,
§ 6993.
Findings of Significant
Environmental Efiects,
§ 6994.
Statement of Overridins:
Considerations.
icle 7.
Contents of Environmental
Documents
§ 6995.
Initial Study (ISj.
§ 6996.
Negative Declaration.
§ 6997.
Notice of Determination.
§ 6998.
Environmental Impact Report.
§ 6999.
CFQA Forms. Appendices A-G.
295
Page i
Title 25
Program Operations
^ 6906
Chapter 6.5. Program Operations
Subchapter 1. Loan and Grant Committees
§ 6900. Committee Membership.
(a) On an annual basis, the Director shall establish the membership of
a sifigle advisory committee.
(b) The advisory committee shall be known as the "Local Assistance
Loan and Grant Committee." hereinafter ■"committee." All references to
the following specific loan and grant committees contained in the Cali-
fornia Code of Regulations. Title 25, Pan 1. Chapter 7 (commencing with
Section 7000) shall be understood lo be references to the Local Assis-
tance Loan and Grant Committee:
( 1 ) r^ural Loan and Grant Committee,
(2) Urban Loan and Grant Committee.
(3) Rental Housing Construction Incentive Committee.
(4) Rehabilitation and Housing Assistance Loan and Grant Commit-
tee.
(5) Housing Development and Assistance Commiuee. and
(6) Rehabilitation and Construction Finance Committee.
(c) Committee membership shall consist of the following:
( 1 ) No more than three Department employees.
(2) No less than four public members.
(d)The Department employees selected for the committee shall be se-
lected from Department employees in exempt positions or Career Execu-
tive Assignments (CEA). In the event one or more department committee
members are unable to attend a meeting of the committee, the Director
may designate a substitute from among department employees in exempt
positions or Career Executive Assignments (CEA).
(e) Public membership of the committee shall meet the following crite-
ria:
( 1 ) Each public member shall be representative of. or have experience
in, one or more of the following areas:
(A) Private sector lending;
(B) For-profit housing development:
(C) Nonprofit housing development;
(D) Public sector housing development;
(E) Local or regional planning;
(F) Architecture;
(G) Local community development;
(H) Local government;
(1) Housing development consultation; and
(J) Housing issues related academia.
(2) Overall public membership shall contribute to a balance among
geographic areas and between urban and rural interests.
NOTt:: Authority cited: Section .'i()406(n). Health and Safety Code; and Section
1 1 L^2. Government Code. Reference: Section 50402, Health and Safety Code;
and Section I 1 LS2. Government Code.
HtSTORY
1 . Repealer and new section filed 4-28-89. operative 4-28-89 (Register 89, No.
18). For prior history, see Register 84. No. 6.
§ 6902. Committee Jurisdiction.
(a) The Committee shall review local assistance applications and other
related issues as determined by the Director.
(b) The Director shall determine at least annually the specific local as-
sistance programs that shall present applications for review by the Com-
mittee. The Director's deteririination shall be based on the following cri-
teria:
( 1 ) Budgetary authority;
(2) Impact on personnel resources; and
(3) Committee recominendations as to local assistance applications
subjecl to review.
(c) The Director may modify the annual selection of local assistance
programs pursuant to subsection (b) based on a change in a particular pro-
gram or a reassessment oi' the selection criteria.
(d) At least annually, the Director also shall determine the type and na-
ture of applications submitted to the designated local assistance pro-
gratns that shall be reviewed by the Committee.
(e) The Director may modify the annual determination of the type and
nature of applications pursuant to subsection (d) based n a change in the
program or a reassessment of the workload of the program staff or of the
commit lee.
( t") The Comtnittee shall review other related issues as may be assigned
at the discretion of the Director.
(g) Committee recommendations shall be advisory only.
NOTE: Authority cited: Section 5()4()6(n). Health and Safely Code; and Section
11152, Government Code. Reference: Section 50402. Heal'th and Saleiy Code;
and Section 1 1 152, Government Code.
History
1. Repealer and new section tiled 4-28-89; operative 4-28-89 (Register 89. No.
18). For prior history, see Register 84. No. 6.
§ 6904. Committee Operations.
The following provisions shall apply to Cotnmittee operations.
(a) Meetings shall be scheduled by the Director based on one or more
of the following deterininations.
(1) The level of applications is great enough to require that a meeting
be scheduled;
(2) A special meeting is requested by the Committee, the need for
which is verifiable; and
(3) The need exists to respond to an emergency situation as defined in
Section 1 1 1 25.5 of the Government Code.
(b) With the exception of emergency meetings, notice of all tneetitigs
shall be provided at least ten days prior to each rneeting to all persons who
have requested said notice in writing.
(c) Subject lo the exceptions set forth in the Bagley-Keene Open
Meeting Act. Government Code Sections 1 1 120 et seq.. all ineetings
shall be open to the public and all persons shall be permitted to attend any
meeting.
(d) At least annually, the Director shall appoint a chairperson for the
committee.
(e) Each member shall serve at the sole discretion of the Director and
shall have one vote.
(f) The Cotnmittee shall consider all oral and written material pres-
ented and make recommendations to the Director as follows:
( 1 ) Approve;
(2) Approve with conditions;
(3) Disapprove; and
(4) Continue to a future meeting.
(g) The minutes of all meetings and all other transactions shall be re-
corded and retained.
NOTtl: Authority cited: Section 50406(n). Health and Safety Code; and Section
11 152, Government Code. Reference: Section 50402. Health and Satety Code;
and Section 1 1 152, Government Code.
History
1. Repealer and new section filed 4-28-89; operative 4-28-89 (Register 89. No.
1 8). For prior history, see Register 84, No. 6.
§ 6906. Appeals.
Note; Authority cited: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Sections 50402, .50517, 50517.5, 50.542, 50626, 50662, 5()680. 50690.
50700, 50735 and 50775, Health and Satety Code.
History
1 . New section filed 8-26-80 as procedural and organizational; effective upon fil-
ing (Register 80, No. 35).
2. Amendment of sub.sections (a) and (b)( 1 ) filed 4-2 1 -82; efiecli ve thiilieth day
thereafter (Register 82. No. 17).
Page 281
(4-t-90)
§ 6910
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3. Repealer Hied 2-7-84; clesisinated effeetive 3-1-84 pursuant lo Goveniinent
Code Seelion 1 1 346.2(d) (Resister 84. No. 6).
Subchapter 2. Program Eligibility and
Affordability for Lower Income Households
§ 6910. Scope and Applicability.
(a) This. subchapter applies only lo certain programs as required by law
and 10 any others which specifically incorporate these regulations or the
statutes implemented by this subchapter. It does not apply in programs
which receive federal assistance il" federal requirements prohibit com-
pliance with the definitions herein.
(b)The following programs must comply with all portions of this sub-
chapter, including the provision of providing "affordable units":
Sales of surplus local agency property to certain housing corporations,
pursuant to Government Code Section 50570,
Redevelopment agency tax increment expenditures for housing pur-
suant to Health and Safety Code Sections 33334.2 through 33334.5. Re-
development agency replacement housing pursuant to Health and Safety
Code Section 3^413.
The Farmworker Housing Grant Program, pursuant to Health and
Safety Code Section 50517.5,
The Residential Hotel Rehabilitation Program, pursuant to Health and
Safely Code Section 50519,
The Mobilehome Parks for Senior Citizens Demonstration Project,
pursuant to Health and Safety Code Section 50540,
The Rental Housing Construction Program, pursuant to Health and
Safety Code Section 50735,
The Demonstration Housing Rehabilitation Program, pursuant to
Health and Safety Code Section 50669,
CHFA Multi-Family Rental Developments, pursuant to Health and
Safety Code Section 51200.
(c) The following programs must comply with certain portions of this
subchapter. Reference must be made to specific statutes to determine ap-
plicability.
The annual report by the Superintendent of Banks, pursuant to Finan-
cial Code Section 1237,
The annual report of the Savings and Loan Commissioner, pursuant
to Fnnancial Code Section 7153.9,
Relocation assistance to residents in publicly-assisted rehabilitation,
pursuant to Government Code Section 7265.3,
Rental or housing in the Capitol Area Plan, pursuant to the Govern-
ment Code Section 8169,
Transfers of surplus state lands pursuant to Government Code Section
11011.1.
Sales by counties of certain residential properties pursuant to Govern-
ment Code Section 25539.2,
Sales by cities of certain residential properties, pursuant lo Govern-
ment Code Section 37363,
Disposal of state surplus residential property pursuant to Government
Code Section 54235, et seq. ("SB 86"),
Density bonuses and other incentives, pursuant to Section 659 1 5 of the
Government Code,
Redevelopment agency merger obligations pursuant to Health and
Safety Code Section 33464,
Dislocation due to the Marks-Foran Residential Rehabilitation Pro-
gram, pursuant to Health and Safety Code Section 37922.2,
The (Rural) Predevelopment Loan Fund, pursuant to Health and Safe-
ty Code Section 50515,
The Urban Housing Development Loan Fund, pursuant to Health and
Safety Code Section 50530,
The Low-Income Home Management Training Program, pursuant to
Health and Safety Code Section 50600,
The Deferred Payment Rehabilitation Loan Program, pursuant to
Health and Safety Code Section 50660,
The Housing Advisory Service Program, pursuant lo Health and Safe-
ty Code Section 50690.
The (Rural) Land Purchase Fund, pursuant to Health and Safely Code
Section 50700,
The Homeownership Assistance Program, pursuant lo Health and
Safety Code Section 50770.
CHFA Home Ownership and Home Improvement Loan Program, pur-
suant to Health and Safety Code Section 5 1 300.
Housing in the Coastal Zone, pursuant lo Public Resources Code Sec-
tion 30213.
Tax benefits for rehabilitation of single-family structures pursuant to
Revenue and Taxation Code Section 3772.5.
NOTE; Authority cited: Sections 50052.5. .'S00.'i3. ,S0079.5, 50093. and 50105.
Health and Safety Code. Reference: Sections 1237. 7153.9, Financial Code: Sec-
tions 8169. 11011.1, 25539.2. 37363. 50570. 54235. and 65915. Government
Code; Sections 33334.2 through 33334.5. 33413. 33464, 37922.2, 50515.
50517.5. 50519, 50530. 50540. 50600. 50640. 50660, 50669. 50690. 50700.
50735. 50770. 510.50, and 513.30. Health and Safety Code: Section 30213. Public
Resources Code; and 3772.5. Revenue and Taxation Code.
History
1 . New subchapter 2 (Sections 69 1 0-6932. not consecutive) tiled 7- 1 1-80; effec-
tive thirtieth day thereafter (Register 80. No. 28).
2. Editorial amendment of subsection (d) tiled 10-17-80: effective upon filins
(RegisterSO. No. 42).
3. Editorial correction repealing subsection (a) and relettering subsections (b)-(d)
to (a)-(c) filed 4-27-83 (Register 83. No, 1 8).
§6912. Definitions.
For purposes of this subchapter, the following definitions shall apply:
"Affordable housing cost" — see Section 6924
"Affordable rent" — see Section 6922
"Exceptional inedical or other expenses" means medical expenses,
and/or unusual expenses, as defined in this section, which exceed 25^7^
of the gross annual incoine.
"Gross income" — see Section 6914
"Housing cost of purchaser" — .see Section 6920
"Large very low income family" means a very low income family
which includes six or inore minors.
"Low income household" — see Section 6928
"Lower income household" — see Section 6928
"Medical expenses" means those medical expenses which are to be an-
ticipated during the 1 2-month period for which the gross income is com-
puted, and which are not covered by insurance (however, premiums for
such insurance may be included as medical expenses).
"Minor" means a member of the family household (excluding foster
children) other than the family head or spou.se, who is under 1 8 years of
age or is a full-time student and lives at home.
"Moderate income household" — see Section 6930
"Net income" — see Section 6916
"Other lower-income household" — see Section 6928
"Persons and families of low or moderate income" — see Section 6930
"Persons of low income" — see Section 6928
"Rent" — see Section 6918
"Unusual expenses" means amounts paid by the family for the care of
minors under 1 3 years of age or for the care of disabled or handicapped
family household members, but only where such care is necessary to en-
able a family member to be gainfully employed, and the ainount allow-
able as unusual expenses shall not exceed the amount of income from
such employment.
"Very large lower-income family" means a lower income family
which includes eight or more minors.
"Very low income household" — see Section 6926
NOTE: Authority cited: Sections 50052.5, 50053. 50079.5, 50093, 50105, Health
and Safety Code. Reference: Sections 50052.5, 50053, 50079.5, 50093, 50105,
Health and Safety Code.
§6914. Gross Income.
"Gross income" shall mean the anticipated income of a person or fami-
ly for the twelve-month period following the date of determination of in-
come. If the circumstances are such that it is not reasonably feasible lo
Page 282
(4-1-90)
Title 25
Program Operations
^6922
anlicipiilc ;i level of ineome over a I wel ve-moiith period, a shorter period
may be used suhjeei lo a redetermination at the end ofstieh a period. "In-
eome" shall eonsisl of the following:
(a) Exeept as provided in subdivision (b). all payments from all
sourees received by the family head (even if temporarily absent) and each
additional member of the family household who is not a minor shall be
included in the annual income of a family. Income shall include, but not
be limited lo:
( 1 ) The gross amount, before any payroll deductions, of wages and sa-
laries. t)veriime pay. commissions, fees, tips and bonuses;
(2) The net income frt)ni operation of a business or profession or from
rental or real or personal property (for this purpose, expenditures for
business expansion or amortization of capital indebtedness shall not he
deducted lo determine the nel income from a business):
{}) Interesi and dividends:
(4) The lull amount of periodic payments received from social securi-
ly. annuities, insurance policies, retirement funds, pensions, disability or
death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and disability
compensation, worker's compensation and severance pay (but see subdi-
vision (b)(3)).
(6) Public Assistance. If the public assistance payment includes an
amount specifically designated for shelter and utilities which is subject
to adjustment by the public assistance agency in accordance with the ac-
tual cost of shelter and utilities, the amount of public assistance income
lo be included as income shall consist of:
( A ) The amount of the allowance or grant exclusive of the amount spe-
cifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency could
in fact allow for the family for shelter and utilities,
(7) Periodic and determinable allowances such as alimony and child
support payments, and regular contributions or gifts received from per-
sons not residing in the dwelling;
(8) All regular pay. special pay and allowances of a member of the
Armed Forces (whether or not living in the dwelling) who is head of the
family or spouse (but see subdivision (b)(5)).
Where a family has net family assets in excess of $5,000, income shall
include the actual amount of income, if any, derived from all of the net
family assets or 10 percent of the value of all such assets, whichever is
greater. For purposes of this section, net family assets means value of eq-
uity in real property other than the household's full-time residence, sav-
ings, stocks, bonds, and other forms of capital investment. The value of
necessary items such as furniture and automobiles shall be excluded.
(b) The following items shall not be considered as ineome:
( 1 ) Casual, sporadic or irregular gifts;
(2) Amounts which are specifically for or in reimbursement of the cost
of medical expenses;
(3) Lump-sum additions to family assets, such as inheritances, insur-
ance payments (including payments under health and accident insurance
and worker's compensation), capital gains and settlement for personal or
property losses;
(4) Amounts of educational scholarships paid directly to the student
or to the educational institution, and amounts paid by the government to
a veteran for use in meeting the costs of tuition, fees, books and equip-
ment. Any amounts of such scholarships, or payments to veterans not
used for the above purposes of which are available for subsistence are to
be included in income;
(5) The special pay to a serviceman head of a family away from home
and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local relo-
cation law;
(7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food pursuant
lo the Food Stamp Act of 1 964 which is in excess of the amount actually
chareed the eligible household;
(9) Payments received pursuant lo participation in the Ibllowing \t)l-
unteer programs under the ACTION Agency:
(A) National Volunteer Antipoverly Programs which include VISTA,
Service Learning Programs and Special Volunteer Programs.
(B) National Older American Volunteer Programs for persons aged H)
and over which include Retired Senior Volunteer Programs. Foster
Grandparent Program. Older American Community Services Program,
and National Volunteer Program lo Assist Small Business Experience,
Service Corps of Retired Execulive (SCORE) and Active Corps of Ex-
ecutives (ACE).
NOTE: Authoritv cited: Sections 30053 and .50093. Health and Salelv Cotic. Rcl-
erence: .Sections 50052.5. 50053 and 50093. Health and Salcty Code.
HiSlORY
I . Editorial correction of NOTE tiled 4-27-83 ( Rciiistcr 83. No. 1 8 ).
§6916. Net Income.
(a) For the purpose of determining affordable housing cost or afford-
able rent, "net income" shall be computed as follows: the annual gross
incoine less $300 for each minor and medical expenses which exceed 3
percent of the annual gross income and unusual expenses, all divided by
12. ^
NOTE: Authoritv cited: Sections 50053. 50093. Health and Salcty Code Refer-
ence: Sections 50053, 50093. Health and Safety Code.
§6918. Rent.
"Rent" shall mean the total of monthly payments for a rental or ct)op-
erative unit for;
(a) Use and occupancy of a housing unit and land and facilities asso-
ciated therewith.
(b) Any separately charged fees or service charges assessed by the les-
sor which are required of all tenants, other than security deposits.
(c) A reasonable allowance for utilities not included in (a) or (b) above,
including garbage collection, sewer, water, electricity, gas, and other
heating, cooking and refrigeration fuels. Utilities does not include tele-
phone service. Such an allowance shall take into consideration the cost
of an adequate level of service.
(d) Possessory interest, taxes, or other fees or charges assessed for use
of the land and facilities associated therewith by a public or private entity
other than the lessor.
Monthly rent shall be an average of estimated costs for ihe next twelve
months.
NOTE: Authority cited: Sections 50052.5 and 50053. Health and Safet v Code. Ref-
erence: Sections 50052.5. 50053. and 50098. Health and Safety Code.
History
1 . Editorial correction of NOTE filed 4-27-83 ( Register 83. No. 18).
§ 6920. Housing Cost of a Purchaser.
"Housing cost" of a person or family purchasing a housing unit shall
include all of the following associated with that housing unit:
(a) Principal and interest on a mortgage loan including any lehabilila-
tion loans, and any loan insurance fees associated therewith.
(b) Property taxes and assessments.
(c) Fire and casualty insurance covering replacement value of property
improvements.
(d) Property maintenance and repairs.
(e) A reasonable allowance for utilities, including garbage collection,
sewer, water, electricity, gas, and other heating, cooking, and refrigera-
tion fuels. Utilities does not include telephone service. Such an allow-
ance shall take into consideration the cost of an adequate level of service.
(f) Homeowner association fees.
(g) Space rent, if the housing unit is situated on rented land.
Monthly housing cost of a purchaser shall be an average of estimated
costs for the next twelve months.
NOTE: Authority cited: Section 50052.5, Health and Safety Code. Reference: Sec-
tion 50052.5, Health and Safety Code.
§ 6922. Affordable Rent.
(a) Affordable rent for a lower income household shall be the maxi-
mum rent permitted by this subchapter. Except as provided in subdivision
Page 283
(4-1-90)
§6924
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b). the person or I'amily's maximum monthly rem shall be 25 percent of
the monthly net income, but in no event less than 15 percent of monthly
gross income.
(b) The monthly rent shall be 15 percent of the monthly gross income
if the family is:
( 1) A large, very low income family, or
(2) A very large, lower income family, or
(3) A family which has exceptional medical or other expenses.
(c) To the extent that the implementing statute of a program adminis-
tered by the department permits modification of this standard on the basis
of economic or financial feasibility or other grounds, the department
shall make a finding of such necessity when a modified standard is uti-
lized.
(d) "Affordable rent" also means rent charged as a tenant contribution
under the provisions of Section 8 of the United States Housing Act of
1937, as amended, when the unit or household is receiving assistance
pursuant to the Section 8 program.
NOTti: Authority cited: Sections .^0032. 5 and .S00.S3. Health and Safety Code. Ref-
erence: Sections 50052.5 and 50053, Health and Safety Code.
History
1. New sub.section (d) tiled 6-16-82 as procedural and organizational; effective
upon tiling (Register 82. No. 25).
2. New subsection (e) tiled 8-1 1-82 as an emergency: effective upon tiling (Reg-
ister 82, No. M). A Ceilificate of Compliance must be transmitted to OAL with-
in 120 days or emergency language will be repealed on 12-9-82.
3. Certificate of Compliance includine amendment of subsection (e) filed
1 1-19-82 (Register 82. No. 47).
4. Editorial correction repealing subsection (c) and relettering subsections (d) and
(c) to (c) and (d) filed 4-27-83 (Register 83. No. 18).
§ 6924. Affordable Housing Costs (Purchasers).
(a) Affordable costs for purchasers of dwelling units means, with re-
spect to lower income households, housing costs, as defined in Section
6920, not exceeding 25 percent of gross income.
(b) Construction costs, mortgage loans, and sales prices will be ade-
quate to make housing available to an income group at affordable hous-
ing costs if such construction costs, mortgage loans, and sales prices,
with no more than a reasonable downpayment, will result in a monthly
housing cost, as defined in Section 6920, which does not average more
than the amount computed in Column B or exceed for any one unit the
amount computed in Column C:
( 1 ) For lower income households with incomes above the very low in-
come limits:
(2) For very low income households:
Number of
Bedrooms
(Column A)
1
4
or more
Maximum Average Unit Coniputulions
(Column B)
Lower income limit Very low income limit
+
tor 2-person family for 1-person family
96
Lower income limit Very low income limit
-I-
for 3-person family for 3-person family
96
Lower income limit Very low income limit
-I-
for 5-person fami ly for 4-person family
96
Lower income limit Very low income limit
-I-
for 7-person family for 6-person family
96
Maximum
Individual
Unit
Computations
(Column C)
Lower income
limit for
2-person family
48
Lower income
limit for
3-person family
48
Lower income
limit for
5-per.son lamily
48
Lower income
limit for
7-person fainiiy
48
Maximum
liulividual
Number of
Unit
Bedrooms
Maximum Averai^e Unit Coniputations
Computations
(Column A)
1
(Column B)
(Column C)
Very low income
Very low income limit for
limit for
2-person family X .6
2-person family
48
48
~)
Very low income
Very low income limit for
limit for
3-person family X .7
3~person family
48
48
3
Very low income
Veiy low income limit for
limit for
5-person family x .6
5-person family
48
48
4
Very low income
or more
Very low income limit for
limit for
7-pcrson family x .6
7-person family
48
48
In the computations above, the lower income and very low income
hmits are the limits for the county in which the housing units are located
or to be located.
(c) To the extent that the implementing statute of a program adminis-
tered by the department permits modificatioti of this standard on the basis
ol' economic or financial feasibility or other grounds, the departtnent
shall make a finding of such necessity when a modified standard is uti-
lized.
NOTE; Authority cited: Sections 50052.5 and 50053, Health and Safety Code. Ref-
erence: Sections 50052.5 and 50053, Health and Safety Code.
History
1. New subsection (d) tiled 6-16-82 as procedural and organizational: effectiye
upon filing (Register 82, No. 25).
2. Editorial correction repealine subsection (c) and relettering subsection (d) to (c)
tiled 4-27-83 (Register 83, No. 18),
§ 6926. Very Low Income Households.
(a) "Very low income households" means persons and families whose
gross incomes do not exceed the qualifying limits for very low income
families established and amended from time to time pursuant to Secdon
8 of the United States Housing Act of 1937. The qualifying limits are set
forth in Section 6932. These limits are equivalent to 50 percent of the area
median income, adjusted for family size by the United States Department
of Housing and Urban Development.
(b) "Very low income households" means the same as "very low in-
come families" and "very low income person."
NOTE; Authority cited: Section .50105, Health and Safety Code. Reference: Sec-
tion 50105. Health and Safety Code.
§ 6928. Lower Income Households.
(a) "Lower income households" means persons and families whose
gross incomes do not exceed the qualifying limits for lower income fami-
lies as established and amended from lime to time pursuant to Section 8
of the United States Housing Act of 1937. The qualifying limits are set
forth in Section 6932. These limits are equivalent to 80 percent of the area
median income, adjusted for family size and other adjustment factors by
the United States Department of Housing and Urban Development.
(b) "Lower income households" includes very low income house-
holds.
(c) "Other lower income households" are those lower income house-
holds who are not very low income households.
(d) "Lower income households" means the same as "low income
households," "persons of low income," and "low income families."
NOTE; Authority cited: Section 50079.5, Health and Safety Code. Reference: Sec-
tion 50079.5. Health and Safety Code.
Page 284
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Title 25
Program Operations
i^ 6932
§ 6930. Moderate Income Households.
(a) "Mt)dL'ratc income households'" means persons and families who
are nol "lower income households" and whose gross inc(.)mes do not ex-
ceed 120 percent ol'the area median income adjusted for family si/e in
accordance with adjustment factors adopted by the United States Depart-
ment of Housing and Urban Development in establishing income limits
for lower inct)me families. Ft)r purpt)ses of this subchapter, the income
limits are set t\)rth in .Section 6932.
(b) The maximum gross income limits for moderate income house-
holds is the same as that for ""persons and families ol moderate income""
and ""persons and families of low or moderate income.""
(c) "'Persons and iamilies of low or moderate income"" includes very
low. lower, and moderate income households.
Norti: Autliority cilod: .Scciit)n 5()()M3. Health aiKJ Salcly C\kIc. kefcrcrKc: Sec
lion 5009.3. Health and .Salcly Code.
§ 6932. Income Limits.
Number of Persons in Household
lnct)me
CoLinly
Category
1
T
^
4
5
6
7
8
Alameda Coiinly
hMremely Low
18.100
20.700
23.250
25.8.50
27.900
30.000
32.0.50
34.100
Area Median
Very Lou Income
30. 1 50
34,450
38.750
43.050
46.500
49.950
53.400
56.850
lnconie:S86.10()
Lowei' Income
46.3.50
53.000
59.600
66.2-50
7 1 .550
76.850
82.1.50
87.450
Median Income
60.300
68.900
77.500
86. 1 00
93.000
99.900
106.800
ll.\70()
Moderate Income
72.300
82.600
93.000
103,.300
11 1.600
1 19.800
128.100
136.400
Alpine Count \
Lxlremely Lou
14.5.50
1 6.650
18.700
20.800
22.4.50
24.150
25.800
27.4.50
Area Median
Very Low Income
24.300
27.750
3 1 .250
34.700
37..500
40.2.50
43.0.50
45.800
Income: S6y.400
Lower Income
38.8.50
44.400
49.950
55.500
59.950
64.400
68.8(M)
73.250
Median Income
48.600
55.500
62..S00
69.400
75.000
80.500
86.100
91.600
Moderate Income
58.300
66.600
75.000
83,300
90.000
96.600
103. .^00
1 10.000
Amador County
hxtremely Lou
1 4.000
16.000
1 8.000
20,000
21.600
23.200
24.800
26.400
Area Median
Very Lou Income
23.3.50
26.700
30.000
33,3-50
36.000
38.700
41,3.50
44.000
income: S66.700
Lower Income
37.3.50
42.700
48.000
53,3.50
57.600
6 1 .900
66.1.50
70.400
Median Income
46.700
53.400
60.000
66.700
72.000
77.400
82.700
X8.()00
Moderate Income
56.000
64.000
72.000
80.000
86,400
92.800
99.200
105.600
tkitte County
i^xtremely Lou
1 1 .4.50
13.100
14.700
16.3.50
17.6.50
1 8.950
20.2.50
21.600
Area Median
Very Lou Income
19.100
2 1 .800
24.550
27,2-50
29,450
3 1 .600
33.800
35.950
Income: S54.5()0
Lower Income
30.500
34.900
.39.250
43,600
47.100
50,600
54.050
57.550
Median Income
38.200
43.600
49.100
54,500
58.900
63,200
67.600
71.900
Moderate Income
45.800
52. ,300
58.900
65,400
70,600
75,900
81.100
86.300
Calaveras County
Hxtremely Lou
1 2.900
14.700
16.550
18,400
19.8.50
2 1 ,3.50
22.800
24.300
Aica Median
Very Lou Income
21.. 500
24.550
27.650
30,700
33.1.50
35.600
38.0.50
40.500
Income: S6 1.400
Lower income
34.350
39,300
44.200
49, 1 00
53.0.50
56.950
60.900
64.800
Median income
43.000
49.100
55.300
61,400
66.300
7 1 .200
76.100
81.000
Moderate Income
51,600
59.000
66.300
73,700
79.600
8 5.. 500
9 1 .400
97.300
Colusa County
Hxtremely Lou
11.. 300
12,900
14.550
16,1.50
17.450
18.7-50
20.0.50
21.300
Area Median
Very Low Income
1 8.850
2 1 .500
24.200
26.900
29.050
3 1 .200
33.3-50
35.500
hicome: 5>53,XOO
Lower Income
30,1.50
.34,450
38.7-50
43,050
46.500
49,950
53.400
56.850
Median Income
37.700
43,000
48.400
53,800
58.100
62,400
66.700
71.000
Moderate Income
45.200
5 1 ,700
58.100
64,600
69.800
74,900
80.100
85.300
Contra Ct)Sta County
Hxtremely Low
18.100
20,700
23.250
25,8.50
27.900
30.000
32.0-50
34.100
Area Median
Very Lou Income
30.150
34,450
38.750
43,050
46.500
49.950
53.400
56.850
Income: S86. 100
Lower income
46.350
53,000
59,600
66,250
71.5.50
76.8.50
82.1.50
87.4.50
Median income
60.300
68.900
77.500
86,100
93,000
99.900
106.800
1 13.700
Moderate Income
72.300
82.600
93.000
103,.300
1 1 1 .600
119.800
128.100
136.400
Del None County
Hxneniely Lou
1 L.^OO
12.900
14.550
16,1.50
17.4,50
1 8,7.50
20.0.50
21.300
Area Median
Very Lou income
1 8.8.50
2 1 .500
24.200
26,900
29.050
3 1 .200
33.3.50
35.500
Income: S53.800
Lower Income
30. 1 50
34.450
38.7.50
43.050
46.500
49.950
53.400
56.850
Median Income
37,700
43,000
48.400
53,800
58.100
62.400
66.700
71.000
Moderate income
45.200
5 1 ,700
58.100
64,600
69.800
74.900
80.100
85.300
p;i Dorado Couniy
Hxtremely Low
14.900
1 7,050
19.150
21,300
23,000
24.700
26.400
28.100
Area Median
Very Low Income
24.850
28,400
31.950
35,500
38,350
41.200
44.000
46.850
Income: S7 1.000
Lower income
39.7.50
45,450
51.100
56.800
61,3.50
65.900
70.4.50
75.000
Median Income
49.700
56,800
63.900
71.000
76.700
82.400
88.000
93.700
Moderate income
59,600
68.200
76.700
85,200
92.000
98.800
105,600
112.500
Fresno County
Hxtremely Low
11.. 300
12.900
14.550
16,1-50
17.4.50
1 8.750
2(),().5()
21.300
Area Median
Very Low income
18.8.50
21. .500
24.200
26,900
29.050
3 1 .200
33,3.50
35.500
Income: $53,800
Lower Income
30.150
34.450
38.750
43,0-50
46,500
49.950
53.400
,56.850
Median Income
37,700
43.000
48.400
53,800
58,100
62.4(X)
66.700
71.000
Moderate Income
45,200
51.700
58.100
64,600
69,800
74.900
80.100
85.300
Glenn County
Hxtremely Low
11,300
12,900
14.5.50
16.1.50
17,4.50
1 8.750
20,050
21.300
Area Median
Very Lou Income
1 8.8.50
21, .500
24,200
26,900
29.050
31.200
33,3.50
35.500
Income: $53,800
Lower Income
30. 1 50
34.450
38.750
43,050
46.500
49,950
53,400
56.850
Median Income
37.700
43.000
48.400
53,800
58.100
62,400
66,700
71.0(K)
Moderate Income
45.200
51.700
58,100
64,600
69,800
74,900
80,100
85,300
Humboldt County
Hxtremely Low
11.. 300
1 2,900
14.5-SO
16,1-50
17,4.50
1 8,750
20.0,50
21.300
Area Median
Very Low Income
1 8.8.50
2L.500
24.200
26,900
29.050
3 1 ,2(K)
33.3.50
35.500
Income: $53,800
Lower income
30.150
34.450
38.750
43,0-50
46.500
49,950
53,400
56.850
Median income
37.700
43.000
48.400
53.800
58.100
62.400
66,700
71.000
Moderate Income
45.200
5 1 .700
58.100
64,600
69.800
74.900
80,100
85. .300
Page 285
Register 20(18, No. 14; 4-4-2008
§ 6932
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Ineome
County
Category
1
->
3
4
5
6
7
8
Imperial County
Hxiremely Low
11.. 300
12.900
14.550
16.1.50
17,4-50
1 8.7-50
20.0.50
2 1 ,300
Area Median
Very Low Income
1 8.8.50
2 1 .500
24.200
26.900
29,050
3 1 .200
33.350
35,500
Ineonie: $5.\800
Lower Ineome
30. 1 50
34,450
38.750
43.050
46.500
49.9.50
53.400
56.850
Median Income
37.700
43.000
48.400
53.800
58.100
62.400
66.700
7 1 .000
Moderate Income
45.200
51.700
58.100
64.600
69.800
74.900
80.100
85.300
Inyo County
Lxtrenieiy Low
12.100
13.800
15.550
17.2.50
1 8.650
20.000
2 1 .400
22.7-50
Area Median
Very Low Ineome
20. 1 50
23.000
25.900
28.7.50
3 1 .050
33.3-50
35.650
37.9.50
Ineoine: S57,5()0
Lower Income
32.200
36.800
41.400
46.000
49.700
53.3.50
57.050
60.700
Median Income
40.300
46.000
5 1 .800
57.500
62.100
66.700
7 1 .300
75.900
Moderate Ineome
48.300
55.200
62.100
69.000
74.500
80.000
85.600
91,100
Kern County
Hxtremeiy Low
11.300
12.900
14.550
16.1.50
17.4.50
1 8.7.50
20.050
2 1 .300
Area Median
Very Low Income
18.850
21.-500
24.200
26.900
29.050
31.200
33.3-50
35.500
Ineonie: S53.XOO
Lower Income
30. 1 50
34.450
38.750
43.0-50
46.500
49.950
53.400
-56.8.50
Median Income
37.700
43.000
48.400
53.800
58.100
62.400
66.700
7 1 .000
Mt)deratc Income
45.200
5 1 .700
58.100
64.600
69.800
74.900
80.100
85.300
Kings County
Hxtremeiy Low
1 1 .300
12.900
14.5.50
16.150
17.4.50
1 8.7-50
20.050
21.300
Area Median
Very Low Income
1 8.850
2 1 .500
24,200
26.900
29.050
3 1 .200
33.3-50
35.500
Ineonie: S53.XO()
Lower Income
30. 1 50
34.450
38.750
43.050
46.500
49.9-50
53.400
.56.8-50
Median Ineome
37.700
43.000
48.400
53.800
58.100
62.400
66.700
71.000
Moderate Ineonie
45.200
51.700
58.100
64.600
69.800
74.900
80.100
85.300
Lake County
Extremely Low-
11. .300
12.900
14.550
16.1-50
17.4-50
1 8.7.50
20.050
21.-300
Area Median
Very Low Income
18.8.50
21. .500
24.200
26.900
29.050
31.200
33,350
35.500
Ineonie: S5.3,XOO
Lower lntx)me
30.L50
34.450
38.750
43.050
46.500
49.9-50
53.400
56.850
Median Income
37.700
43.000
48.400
53.800
58.100
62.400
66.700
71,000
Moderate Income
45.200
5 1 .700
58.100
64.600
69.800
74.900
80.100
85,300
Lassen County
Extremely Low
1 1 .700
13.350
1 5.050
16.700
18.050
1 9.3.50
20.700
22,050
Area Median
Very Low Income
19.4.50
22.250
25.000
27.800
30.000
32.2.50
34,450
36,700
ineonie: S>55,6()0
Lower Income
31.1-50
35.600
40.050
44.500
48.050
5 1 .600
55.200
58,7-50
Median Income
38.900
44.500
50.000
55.600
60.000
64.500
68.900
73,400
Moderate Income
46.700
53.400
60.000
66.700
72.000
77.400
82.700
88,000
Los Angeles County
Elxtremely Low
15.9.S0
18.200
20.500
22.7.50
24.5.50
26.400
28.200
30,050
Area Median
Very Low Ineome
26.550
30.300
-34.100
37.900
40.950
43.9.50
47.000
50,050
Ineonie: $59,800
Lower Income
42.450
48,500
-54.600
60.650
65.500
70.3-50
75.200
80,050
Median Ineome
41.900
47,800
53.800
59.800
64.600
69.400
74.200
78.900
Moderate Income
50.300
57.400
64.600
71.800
77.500
83..300
89.000
94.800
Madera County
Extremely Low
11. .300
12,900
14.5.50
16.1-50
17.450
1 8.7-50
20.050
2 i .300
Area Median
Very Low Ineome
18.8.50
21, .500
24.200
26.900
29.050
31.200
33.3-50
35.500
Ineome: $5.3,800
Lower Ineome
30. 1 50
-34.450
38,750
43.0-50
46.500
49.950
53.400
56.8.50
Median Income
37.700
43.000
48.400
53.800
58.100
62.400
66.700
71,000
Moderate Income
45.200
5 1 .700
58.100
64.600
69.800
74.900
80.100
85,300
Marin County
Extremely Low
23.7.50
27.1. SO
-30.550
33.9.50
36.650
39.400
42,100
44.800
Area Median
Very Low Ineome
39.600
45.2-50
50.900
56.550
61.0.50
65.600
70,100
74,650
Ineonie: $95,000
Lower Income
63.3.50
72.400
81.4-SO
90.500
97.700
104.9-50
112,200
119,450
Median Ineome
66.500
76,000
85. .500
95.000
102.600
110,200
117,800
125,400
Moderate Income
79,800
91.200
102.600
114.000
123.100
132,200
141,400
1.50,-500
Mariposa County
Extremely Low
11.3.50
12,9.50
14.600
16.200
17.500
18.800
20,100
21,400
Area Median
Very Low Income
1 8.900
21,600
24.300
27.000
29. 1 50
31,-300
33..S00
35.650
Ineonie: $.54,000
Lower Income
30.2-50
-34.550
38.900
43.200
46.650
.50.100
53,-5-50
57.000
Median Income
37.800
43.200
48.600
-54.000
58.300
62.600
67.000
71,-300
Moderate Income
45.400
51.800
58.300
64.800
70.000
75,200
80.400
85,500
Mendoeino County
Extremely Low
11.300
12.900
14.550
16,1-50
17.4-50
18,7-50
20.050
21,300
Area Median
Very Low Income
1 8.850
21.-500
24.200
26.900
29.050
31.200
33..3-50
35,500
Ineome: $53,800
Lower Income
30.1-50
34.450
38,7-50
43.050
46,500
49,950
53,400
56,850
Median Ineome
37.700
43.000
48,400
53.800
58,100
62.400
66,700
71,000
Moderate Income
45.200
51.700
58,100
64.600
69,800
74.900
80,100
85,300
Mereed County
Extremely Low
11,300
12.900
14,-550
16.1-50
17.4.50
1 8.7-50
20,050
21,300
Area Median
Very Low Income
18,8.50
21. .500
24,200
26.900
29,050
31.200
33,3-50
35,500
Ineome: $53,800
Lower Income
30.150
-34,450
38,7.50
43.050
46.500
49.950
53.400
-56,850
Median Income
37.700
43.000
48.400
53.800
58.100
62.400
66.700
71.000
Moderate Ineome
45.200
51.700
58.100
64.600
69.800
74.900
80.100
85,300
Modoc County
Extremely Low
11, .300
12.900
14,5.50
16.1.50
17.4-50
1 8.7-50
20.050
21.300
Area Median
Very Low Income
18.8.50
21. .500
24.200
26.900
29.050
31.200
33.3-50
35.500
Income: $53,800
Lower Income
30.1.50
.34,450
38.750
43.050
46.500
49.950
53,400
.56,8-50
Median Income
37.700
43,000
48.400
53.800
58,100
62.400
66.700
71,000
Moderate Income
45.200
51,700
58.100
64.600
69.800
74.900
80,100
85,300
Mono County
Extremely Low
1 3.8.50
15,800
17.800
19.7.50
21.3-50
22.900
24,500
26,050
Area Median
Very Low Ineome
23.050
26,350
29.650
32.950
35.600
38.200
40.850
43,500
Income: $65,900
Lower Income
36.900
42.1.50
47.450
52.700
56.900
61,150
65,3.50
69,5-50
Median ineonie
46.100
52.700
59.300
65.900
71.200
76,400
81.700
87,000
Moderate Ineoine
55,400
63,300
71,200
79,100
85,400
91,800
98.100
104,400
Monterey County
Extremely Low
13.600
15.5.50
17..500
19.4.50
2 1 .000
22,5.50
24.100
25,6-50
Area Median
Very Low Income
22.700
25.900
29, 1 50
32.400
35.000
37,600
40.200
42,750
Ineome: $64,800
Lower Income
36.300
41.-500
46.650
51.8-50
56.000
60,1-50
64,300
68,450
Median Ineome
45.400
51.800
58,300
64.800
70.000
75.200
80.400
85,500
Moderate Income
54.500
62.200
70,000
77.800
84,000
90.200
96,500
102.700
Page 286
Register 2008, No. 14; 4-4-2008
Title 25
Program Operations
ij 6932
Income
Coimly
Calegoiy
1
1
3
4
3
6
7
8
Napa Coiinly
Hxtremely Low
16.730
19,100
2 1 .500
23.900
23,800
27.700
29.650
31.350
Area Median
Very Low Income
27,830
31.850
35.800
39.800
43,000
46.1.50
49.350
52.550
Income: S7'->.600
Lower Income
43.030
49,200
55.350
61. .500
66.400
71.3.50
76.2,50
81.200
Median Income
33.700
63.700
7 1 .600
79.600
86.000
92.300
98.700
105.100
Moderate Income
66.900
76.4t)0
X6.0t)0
93.300
103.100
1 10.800
118.400
126.100
Ne\ atla County
Bxtreniely Low
1 3,700
15.6.50
17.600
19.5-50
21.100
22.700
24.2.30
25.800
Area Median
Very Low Income
22.800
26.050
29..300
32.5.50
33.1-50
37,750
40.350
42.930
Income: ^65.100
Lower Income
36.430
41,700
46.900
52.100
56.250
60.450
64.600
68.730
Median Income
43.600
52.100
58.600
65.100
70.300
73.500
80.700
83.900
Moderate Income
34,700
62.500
70.300
78.100
84,300
90.600
96.800
103.100
Orantre County
Lxtremely Low
19.330
22.300
25.100
27.900
30. 1 50
32.3.30
.^4.600
36.8,50
Area Metlian
Very Low Income
32.330
37.200
41.850
46.500
50.200
53.950
57.650
61.400
Income: !t>84.IOO
Lower Income
32.100
59..300
66.950
74.400
80.3.50
86.300
92.250
98.200
Median Income
38.900
67.300
75.700
84.100
90.800
97.600
104.300
! 10.000
Moderate Income
70.600
80,700
90.800
100.900
109.000
1 1 7.000
125.100
133.200
Placer County
Lxtremely Low
1 4.900
17.050
1 9. 1 50
21,-300
23.000
24.700
26.400
28.100
Aiea Median
Veiy Low Income
24.8.30
28.400
31.950
35,500
38.350
41,200
44.000
46.8,30
Income: $71. 000
Lower IncoiTie
39.730
45.450
51.100
56,800
61.3.30
65.900
70.450
73,000
Median Income
49.700
56.800
63.900
71.000
76,700
82.400
88.000
93.700
Mt)derate Income
39.600
68.200
76.700
85.200
92,000
98.800
105.600
1 12..300
Plumas County
Hxtremeiy Low
12.430
14.200
16.000
17.7.50
19.1.50
20.600
22.000
23.4.50
Area Median
Very Low Income
20.700
23.6.30
26.600
29.5-30
31,900
34.300
36.650
39.000
Income: S59.100
Lower Income
33.100
37.850
42.5.50
47.300
51,100
54.850
58.6.30
62.4.50
Median Income
41.400
47.300
53.200
-39.100
63,800
68.600
73. .300
78.000
Moderate Income
49.600
56.700
63.800
70.900
76,600
82.200
87.900
93.600
Riverside County
Lxtremely Low
14.000
16,000
1 8.000
20.000
2 1 ,600
23.200
24.800
26.400
Area Median
Very Low Income
23. .300
26.650
29.950
33.300
35,9.50
38.6.30
4 1. .300
43.950
Income: S62.0()0
Lower Income
37.300
42,650
47.9-50
53.300
57.5-50
61.8.50
66.100
70.350
Median Income
43.400
49,600
55.800
62.000
67.000
7 1 .900
76.900
81.800
Moderate Income
32.100
59,500
67.000
74.400
80,400
86.300
92. .300
98.200
.Sacramento County
hxtremeiy Low
14.900
17,050
19.1.30
21,-300
23,000
24.700
26.400
28.100
Area Median
Very Low Income
24.850
28.400
3 1 .9-50
35,500
38.350
41.200
44.000
46.850
Income: S7 1.000
Lower Income
39.7.30
45.450
51.100
56.800
61.3-50
65.900
70.4.30
75.000
Median Income
49,700
56.800
63,900
71,000
76.700
82.400
88.000
93.700
Moderate Income
39,600
68.200
76,700
85.200
92,000
98.800
105.600
1 12..300
San Benito County
Lxtremely Low
1 6,400
18,700
21,0.50
23.400
25.2.50
27.1.50
29.000
30.900
Area Median
Very Low Income
27,300
31,200
33.100
39.000
42.100
43.230
48.350
31.500
Income: S78.00()
Lower Income
43,030
49,200
55.3.30
61. .300
66.400
71.3.30
76.2.50
81.200
Median Income
34,600
62.400
70.200
78.000
84.200
90.500
96.700
103.000
Moderate Income
63,500
74.900
84,200
93.600
101.100
1 08,600
116.100
1 23.600
San Bernardino
Extremely Low
14.000
16,000
18.000
20,000
21.600
23.200
24.800
26.400
County
Vei7 Low Income
2 3.. 300
26.650
29,9-30
33,300
35.9-50
38.6-50
4 1. .300
43.9,30
Area Median
L<iwer Income
37.300
42.650
47.9.30
53,300
57,550
61.8.50
66, 1 00
70.3.30
Income: S62.000
Median Income
43.400
49,600
35.800
62,000
67,000
71,900
76.900
81.800
Moderate lnet)me
52.100
59.500
67,000
74,400
80,400
86.300
92.300
98.200
San Diego County
Lxtremely Low
16.600
18.9.50
21,350
23.700
25,600
27.500
29.400
31.300
Area Median
Very Low Income
27,6.50
31,600
35,550
39.500
42,650
45.800
49.000
32.1,30
Income: $72,100
Lower Income
44.250
50.550
56,900
63.200
68,2-50
73.300
78.350
83.400
Mediiin Incoine
30.300
57,700
64.900
72.100
77,900
83.600
89.400
93.200
Moderate Income
60.500
69,200
77,900
86,500
93.400
100.300
107. .300
1 14.200
San Francisco County
Extremely Low
23.7.50
27,150
-30.550
33.9.30
36,650
39,400
42.100
44.800
Area Median
Very Low Income
39.600
45,250
50.900
.56.5.50
61,0-50
65.600
70.100
74.6.^0
Income: 89.5.000
Lower Income
63.350
72,400
8 1 .450
90.500
97.700
1 04.950
1 12.200
1 19.430
Median Income
66.500
76,000
85,500
95,000
102,600
1 1 0.200
1 1 7.800
123.400
Moderate Income
79.800
91.200
102.600
114.000
123.100
132.200
141.400
1 30.500
San .loaquin County
Extremely Low
12.900
14,700
16,550
18,400
19.8.50
21.350
22.800
24.300
Area Median
Very Low Income
21.4.50
24,500
27.600
30,650
33.100
35.5.50
38.000
40.4,30
Income: S6 1.300
Lower Income
.34.3.50
39,250
44,1-50
49,050
32.950
56,900
60.800
64.7,30
Median Income
42.900
49.000
55,200
61,300
66.200
71,100
76.000
80.900
Moderate Income
51.-300
58.900
66,200
73,600
79,500
85.400
91, .300
97.200
San Luis Obispo
Extremely Low
14,050
16.100
18.100
20,100
21,700
23.300
24.900
26.3.50
County
Very Low Income
23,4.30
26,800
-30,150
33,500
36,200
38.8-50
41.5.30
44.200
Area Median
Lower Income
37,.30()
42,900
48,250
53,600
57,900
62.200
66.4.30
70.7,30
Income: S67.000
Median Income
46,900
53,600
60,300
67,000
72.400
77.700
83,1(X)
8X.4(M)
Moderate Income
56,300
64,300
72,400
80.400
86,800
93.300
99,700
106.100
San Mateo County
Extremely Low
23,7.50
27,1.50
30,550
33.950
36.650
39.400
42,100
44.800
Area Median
Very Low Income
39.600
45,250
50,900
36.550
61.0.50
65.600
70,100
74.6.50
Income: S95.()00
Lower Income
63.350
72,400
81,450
90.500
97,700
104.9.50
112,200
1 1 9.450
Median Income
66.. 500
76,000
85..500
95,000
102,600
110.200
1 1 7,800
125.400
Moderate Income
79.800
91,200
102,600
114,000
123.100
132.200
14J,4(K)
l.30,.300
Santa Barbara County
Extremely Low
16.350
18,700
21,000
23,3-50
25,200
27.100
28,950
30.800
Area Median
Very Low Income
27.2.50
31,100
35,000
38,900
42,000
43.100
48,250
51.350
Income: $67,100
Lower Incoine
43,600
49,800
56,050
62.250
67.230
72,200
77.200
82.1.50
Median Income
47,000
53.700
60,400
67.100
72.500
77,800
83,2(X)
88.600
Moderate Income
56,400
64,400
72,500
80,500
86,900
93,400
99,800
106..30()
Page 287
Register 2(X)8, No. 14; 4-4-2f)0H
§6932
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Income
Coiinly
Category
1
2
3
4
5
6
7
8
Santa Clara Couniy
Hxtremely Low
22,300
25,500
28.650
31.850
34.400
36.9.50
39.500
42.0-50
Area Median
Very Low Income
37,150
42.450
47.750
53,050
57,300
61,5.50
65.800
70,050
liieome: $105,500
Lower Income
59.400
67,900
76.400
84.900
91.650
98.450
105.2-50
112,0-50
Median Income
73.900
84,400
95.000
105.500
113.900
122.400
130.800
1-39.300
Moderate Income
88,600
101.300
1 1 3.900
126.600
] 36.700
146.900
157.000
167.100
Santa Cruz County
Extremely Low
1 8,250
20.900
23,500
26.100
28,200
30.300
32.3.50
34.450
Area Median
Very Low Income
30,450
34,800
39.150
43.500
47.000
50.450
53.9-50
57,400
Ineome: $81,300
Lower Income
48,700
55.700
62.650
69.600
75.150
80.750
86.300
91,8-50
Median Income
56.900
65.000
73.200
81.300
87.800
94.300
100.800
107.300
Moderate Income
68,300
78.100
87.800
97.600
105.400
113,200
121.000
128,800
Shasta County
Extremely Low
11,300
12,900
14.550
16.150
17.450
1 8.750
20.050
21.300
Area Median
Very Low Income
1 8,850
21, .500
24.200
26.900
29.050
31.200
33,3-50
35,500
Ineome: $53,800
Lower Income
30,150
34.450
38.750
43.050
46,500
49.950
53.400
-56.850
Median Income
37,700
43.000
48.400
53.800
58.100
62.400
66.700
71.000
Moderate Income
45,200
5 1 ,700
58.100
64.600
69.800
74,900
80.100
85,300
Siena County
Extremely Low
1 1 ,850
1 3,500
15.200
16.9(X)
18,250
19,600
20.950
22,300
Area Median
Very Low Income
19,750
22,550
25.400
28.200
30.450
32,700
34.9.50
37,200
Ineonie: $53,800
Lower Income
31,550
36,100
40,600
45.100
48.700
52,300
55,900
59,550
Median Income
37,700
43.000
48-400
53,800
58.100
62.400
66,700
71.000
Moderate Income
45,200
51.700
58.100
64,600
69.800
74,900
80,100
85.300
Siskiyou County
Extreinely Low
11.300
12,900
14.550
16.150
17.450
18.7.50
20.050
21,300
Area Median
Very Low Income
18,850
21.500
24.200
26.900
29.050
31.200
33,3-50
35,500
Income: $53,800
Lower Income
30.150
34,450
38,750
43.050
46.500
49,950
53.400
.56.8-50
Median Income
37,700
43,000
48.400
53.800
58.100
62.400
66.700
71,000
Moderate Income
45,200
51,700
58.100
64.600
69,800
74.900
80.100
85,300
Solano County
Extremely Low
15,800
18,100
20.350
22.600
24.400
26.200
28.000
29,8-50
Area Median
Very Low Income
26,400
30,150
33.950
37.700
40,700
4.3.7.50
46.750
49,750
Income: $75,400
Lower Ineome
42,200
48,250
54,250
60.300
65.100
69.950
74,750
79,600
Median Income
52,800
60,300
67.900
75.400
81.400
87,500
93,500
99,500
Moderate Income
63,300
72,400
81,500
90.500
97,700
105,000
112.200
119,-500
Sonoma County
Extremely Low
16,350
18,700
21.000
23.350
25.200
27.100
28.950
30,800
Area Median
Very Low Income
27,250
31,100
35.000
38.900
42.000
45.100
48.250
51.3-50
Income: $77,800
Lower Income
43.050
49,200
55.350
61. .500
66.400
71,3.50
76.250
81.200
Median Income
54.500
62,200
70.000
77.800
84,000
90,200
95.500
102.700
Moderate Income
64,400
74,700
84.100
93.400
100.900
108,300
115.800
123,-300
Stanislaus County
Extremely Low
11,850
13,550
15.2.50
16.9.50
18,300
19,650
2 1 ,000
22.350
Area Median
Very Low Income
19,800
22,600
25,450
28,250
30.500
32,750
35,050
37.300
Income: $56,500
Lower Income
31,650
36,150
40.700
45.200
48,800
52,450
56.050
59.6-50
Median Income
39,600
45,200
50.900
56.500
61,000
65,500
70.100
74,600
Moderate Income
47,500
54,200
61,000
67,800
73.200
78,600
84,100
89,500
Sutter County
Extremely Low
1 1 ,300
12.900
14,550
16,150
17.450
18.7-50
20.050
21,300
Area Median
Very Low Income
1 8,850
21.500
24,200
26,900
29,050
31,200
33,3-50
35,500
Income: $53,800
Lower Income
30,150
34.450
38,750
43.050
46,500
49,950
53,400
-56.850
Median Income
37,700
43,000
48,400
53,800
58,100
62,400
66.700
71,000
Moderate Income
45,200
51,700
58.100
64,600
69,800
74,900
80.100
85,300
Tehama County
Extremely Low
1 1 ,300
12,900
14.550
16.150
17,450
1 8.7-50
20.050
21,300
Area Median
Very Low Income
1 8,850
21.500
24,200
26.900
29.050
31,200
33.3-50
35,500
Income: $53,800
Lower Income
30,150
34.450
38,750
43,050
46,500
49,950
53.400
56,8-50
Median Income
37,700
43,000
48,400
53.800
58,100
62,400
66.700
71,000
Moderate Income
45,200
51,700
58.100
64.600
69.800
74,900
80,100
85,300
Trinity County
Extremely Low
1 1 ,300
12,900
14.550
16,150
17.450
18,750
20.050
21,300
Area Median
Very Low Income
1 8.850
21,500
24.200
26.900
29,050
31,200
33,3-50
35,500
Income: $53,800
Lower Income
30.150
34,450
38.750
43.050
46,500
49,950
53,400
-56,850
Median Income
37,700
43.000
48,400
53.800
58,100
62,400
66.700
71,000
Moderate Income
45,200
51,700
58.100
64,600
69,800
74,900
80,100
85,300
Tulare County
Extremely Low
1 1 ,300
12,900
14,550
16.1.50
17,450
18,750
20,050
21,300
Area Median
Very Low Income
18,850
21.500
24,200
26,900
29,050
31,200
33,-350
35,500
Income: $53,800
Lower Income
30,L50
34,450
38,750
43.050
46,500
49,950
53,400
56,850
Median Income
37,700
43,000
48.400
53.800
58.100
62,400
66,700
71,000
Moderate Income
45,200
51,700
58,100
64,600
69,800
74,900
80,100
85,300
Tuolumne County
Extremely Low
12,100
13,800
15.550
17,250
18,650
20,000
21,400
22,750
Area Median
Very Low Income
20,150
23,000
25,900
28,750
31.050
33,3-50
35.6-50
37,9.50
Income: $57,500
Lower Income
32,200
36,800
41.400
46,000
49,700
53,350
57.050
60,700
Median Income
40,300
46,000
51,800
57,500
62,100
66,700
71.-300
75,900
Moderate Income
48,300
55,200
62,100
69,000
74,500
80,000
85,600
91,100
Ventura County
Extremely Low
18,000
20,550
23,150
25,700
27,750
29,800
31.8-50
33,900
Area Median
Very Low Income
30,000
34,300
38,550
42,850
46,300
49,700
53.L50
56,5.50
Income: $83,900
Lower Ineome
48,000
54,850
61,700
68,550
74.050
79,500
85,000
90,500
Median Income
58,700
67,100
75.500
83,900
90,600
97,300
104.000
110,700
Moderate Income
70,500
80,600
90,600
100.700
108,800
116,800
123,900
1 32.900
Yolo County
Extremely Low
14,900
17.050
19.150
21.300
23,000
24,700
26,400
28,100
Area Median
Very Low Income
24,850
28.400
31,9.50
35,500
38,350
41,200
44,000
46,850
Income: $71,000
Lower Income
39,750
45,450
51.100
56,800
61,350
65,900
70,4-50
75,000
Median Income
49,700
56,800
63,900
71,000
76,700
82,400
88.000
93,700
Moderate Income
59,600
68,200
76,700
85,200
92.000
98,800
105,600
112,500
Page 288
Register 2008, No. 14; 4-4-2008
Title 25
Program Operations
ij 6935.2
Income
c^
0UIU\
Category
1
T
3
4
3
6
7
8
Y
iiba Countv
hxticinciv
Low
1 1 .300
12.900
14.330
16.130
17.430
1 8,730
20.030
21.300
A
ica Metii
ail
Veiv Lou
Income
1 S.8-S0
2I..300
24.200
26.900
29.030
3 1 .200
33,3.30
33.300
Incoinc.
S3
3.X0()
Lower Income
30. 1 30
.34,4.30
3S.730
43,030
46.300
49.9.30
33.400
36.830
Median Income
37.700
43.000
48.400
33.800
38.100
62,400
66,700
71.000
Moderate
Income
45.200
5 1 .700
38.100
64.600
69.800
74.900
80,100
83.300
liislriiclions and example to determine ineome limit for lioLKseholds
larger than eight persons:
Per person (PP) adjustment above 8: ( 1) multiply the 4-person ineome
h'mit by eigiil pereent iSOi). (2) multiply result by number of persons in
exeess ofeight. (3) add the amount to the 8-person ineome limit, and (4)
round the result to the nearest $100.
l.XAMPLt:
4
persons
<S"/r
I'P
Adj +
(S' persons =
9 persons
S person +
S'^
.\(lj \2
= 10
persons
Hxlremelv Low
16.130
1292
21.300
22.600
21..^H)0
2384
23.900
Very Low Income
26.900
2132
33.300
37.700
33.300
4304
39.800
Lower Income
43,030
3444
36,800
60.200
36.800
6888
63.700
Moderate Ineome
64.600
3168
83,300
90.300
83.300
10336
93.600
Noii;; Anihoritv ened: Section 30093. Health and Safety Code, Relcrcnee: Sec-
lions 30079.3. .S()093. 30103 and 30106. Health and Safety Code.
H 1-STORY
1 . Repealer and new section Hied 1 2-23-8 1 as proeednral and organizational: ef-
lective upon llliiig (Register 81. No. 32).
2. Repealer and new section filed 3-19-83 as an eiTiergency: effective upon filing
(Register 83. No. 21 ). A Ceilifleate of Compliance must be transmitted toOAL
within 120davs oremersency laneuage will be repealed on 9-16-83.
3. Ceiiillcate ofCompliance iransniitled to OAL 8-29-83 and filed 10-19-83
(Regisler83, No. 43).
4. Repealer and new section filed 7-23-84 as an emergency; effeclive upon filing
( Register 84, No. 30). A Certificate ofCompliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 1 1-20-84.
3. Certificate ofCompliance filed 1 1-6-84 (Register 84, No. 43)
6. Amendment Hied 2-2 1-86 as an emergency; effective upon fihng (Register 86,
No. 8). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 6-23-86.
7. Cenillcate of^Compliance filed .3-1-86 (Register 86, No. 18),
8. Amendment filed 3-9-87 as an emergency; effective upon tiling (Register 87.
No. 1 1 ), A Ceitificate of Compliance must be trans/rutted to OAL within 1 20
davs or emergency language will be repealed on 7-7-87.
9. Ce'nificaie otXompliance filed 6-9-87 (Register 87. No, 25).
10. Amendment filed 2-2.5-88 as an emergency; operative 2-2.5-88 (Register 88,
No. 10), A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 6-24-88.
I 1 . Certificate of Compfiance transmitted to OAL 5-3-88 and filed 3-27-88
(Register 88, No, 23).
12, Amendment tiled 7-13-88 as an emergency; operative 7-13-88 (Register 88.
No, 29). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 1 1-10-88.
13, Ciertificate ofCompliance transmitted to OAL 9-30-88 and filed 10-2()-88
(Rei:ister88, No. 45).
14, Amendment filed 3-30-89; operative .3-30-89 (Register 89. No. 13),
15, Amendment filed 4^16-90; operative 4-16-90 (Register 90, No. 17),
16, Change wilhoul regulatory effecl amending section filed 6-18—91 pursuant to
section 100, title 1, California Code of l^egulations (Register91, No, 38),
17, Change without regulatory effect amending section filed 7-21-92; operative
7-2 1 -92 pursuant tt) section 1 00, title 1 , California Code of Regulations (Regis-
ter 92. No. 30),
18, Change without regulatory effect amending section filed 6-3-93; operative
5-5-93 pursuant to section 100. title 1. California Code of Regulations (Regis-
ter 93, No, 23),
19, Change without regulatory effect amending section filed 7-26-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 30).
20, Change without regulatory effect amending section filed 3-29-95 pursuant to
section 100. title I . California Code of Regulations (Register 95, No. 1 3).
2 1 , Change without regulatory effect amending section filed 2-28-96 pursuant to
section 1 00. title 1 , California Code of Regulations (Register 96, No. 9).
22, Change without regulatory effect repealing section and adopting new section
filed 2-18-97 pursuant to section 100, title I, California Code of Regulaiions
(Register97, No. 8).
23, Change without regulatory effect repealing secfion and adopting new section
filed .3-3-98 pursuant to section 1()(), title 1, California Code of Regulations
(Regisler98. No. 10).
24, Repealer and new secfion filed .3-17-99; operative 3-17-99. Submitted to
OAL for printing only (Register 99. No, 12).
25, Change without regulatory effect repealing and adopting new section filed
4-26-2000 and amended action filed 4-28-2000 pursuant'to section 100, title
1 , California Code of Regulations (Register 2000. No. 17).
26, Change without regulatory effect repealing section and adopting new section
filed 3-3 1 -200 1 pursuant to section 1 00, title 1 , California Code of Regulations
(Reei,ster200l,No, 22),
27. Repealer and new section filed 4-4-2002: operative 4-4-2002, Submitted to
OAL for printing only (Register 2002, No, 14).
28. Change without regulatory eflect repealing section and adopting new section
filed 5-.5-2003 pursuant to section 100. title 1 . California Code of Regulations
(Register2003. No. 19),
29. Change without regulatory effect repealing section and adopting neu section
filed 4-6-2004 pursuant to section 100, title 1. California Code olRcJulations
(Register 2004. No. 15).
30. Change without regulatory effect repealing and adopting new section filed
4-7-2005 pursuant to section 1 00. title 1 . Cahlomia Code oT RcLUilations ( Rcl'-
ister20()5. No, 14),
31. Change without regulatory effect repealing and adopting new section filed
5-1.3-2006 pursuant to section KJO. title I, Calilomia Code of Rc'julations
tRegister2006, No. 20),
32. Repealer and new section filed with OAL 4- 18-2007: filed with Secretary of
State 5-2.3-2007; operative on filing with OAL pursuant to Health and Saiety
Code section .50093(c), Submitted to OAL for printinii only pursuant to Health
and Safety Code section 50093(c) (Register 2007, No, 21).
33. Repealer and new section filed with OAL 3-1 1-2008: filed with Secretary of
State 4-1-2008; operative on filing with OAL pursuant to Health and Safety
Code section 50093(c) (Register 2008. No, 14),
Subchapter 2.5. Applicant Verification
Requirements
Article 1. General Provisions
§ 6935. Authority and Purpose.
The Personal Responsibility and Work Opportunity Reeoneiliation
Act of 1 996 (Pub. L. No. 1 04-1 93, 8 L'.S.C. § 162 1 ). hereinafter referred
to as "PRAWORA," among other things, generally requires that receipt
of publie benefits be limited to U.S. eilizens, nationals and qualified al-
iens. The purpose of this subchapter is to implement this requirement by
establishing procedures for the verification of citizenship or qualified
alien status of beneficiaries or prospective beneficiaries o\' the loan and
grant programs administered by the Department.
Hl.STORY
1. New subchapter 2. 5 (articles 1-3). article 1 (sections 6935-6935,6) and section
filed 9-9-98; operative 9-9-98 pursuant to Government Code section
11343.4(d) (Register 98. No, 37),
§ 6935.2. Application.
(a) The provisions of this subchapter shall apply to the following .state-
funded loan and grant programs administered by the Deparlment:
(1) Farmworker Housing Grant Program (commencing with section
7200 of this Title);
(2) Deferred-Payment Rehabilitation Loans (commencing with sec-
fion 7400 of this Title);
(3) Special User Housing Rehabilitation Program (commencing with
section 7450 of this Title);
(4) Office of Migrant Services (commencing with section 7600 of this
Title);
Page 288.1
Register 2008, No, 14; 4-4-2008
§ 6935.2 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
(5) Calilomia Housing Rehabilitation Program (commencing with (8) Emergency Housing and Assistance Program (rental assistance
section 7670 of this Title); only) (commencing with section 7964 of this Title);
(6) Rental Housing Construction Program (commencing with section (9) Mobile Home Park Assistance Program (commencing with section
7800 of this Title); ^ ^ ^ 8000 of this Title);
(7) Homeownership Assistance Program (commencing with section ( 10) California Housing Rehahililation Program lor Owner-Occupied
7900 of this Title); Housing (commencing with section 8040 of this Title);
[The next page is 289.
Page 288.2 Register 2008, No. 14; 4-4-2008
Title 25
Program Operations
ij 6935.4
(11) RlmiuiI Housing Consii"uclit)n ProLnam — Proposition 84 Bond
(commencing with section 8075 t)rihis Title);
(12) Family Housing Demonstration Program (commencing with sec-
tion 81 10 olthis Title);
NoTi;: Aulhorilv cited: Sections 50402, 50406. 5()4()6(h) and (n). 50662.
.s066H.S(lM. 506'J7(d). 50710. 50771.1. 507S6(a). 5()S()1.5. .S()806.5. 508H4.
50X95 and 508%. .>(b). Health and Salety Code: and 24 CFR 57().489(b). Relcr-
cncc: .Seelions41 I and 4.^1. Personal Responsihilitv and Work Oppoilunitv Ree-
onedialion Act ot 19% (Pub. L. 104-19."^ (PRAWORA)). Sections 212(d)(5) of
the INA. 8 U.S.C. SS 1621. 1622. 1641 and 1642.
HlSiOt^Y
I Nev\ section tiled '•)-9-y8: operati\e 9-9-98 pursuant to Government G)de sec-
tion 1 l.">4.">.4(d) (Register 98. No. ."^7).
§ 6935.4. Definitions.
The following derinilions shall apply to this subchapter:
"Alien" means any person not aciti/en or national ol'the United States.
"Applicant" means any person applying to the Department lor a public
benefit, or any person seeking to renew or extend an existing public bene-
fit pursuant to any re-certification process.
"Assisted renial unit" means a unit designated as an assisted unit m a
regulatory agreement or the management plan for a construction or reha-
bilitation multifamily project financed, in whole or in part through fund-
ing piDvided by a program identilled in Section 6935.2.
"Department" means the California Department of Housing and Com-
munity Developrnent.
"Head of Household" means the adult meiTiber of the household who
is the head of the household forthe purposes of determining income eligi-
bility or rent.
"INA" means the Immigration and Nationality Act (8 U.S.C. § 1101
('/ .\ei/.}.
"INS" means the United Stales Immigration and Naturalization Ser-
vice.
"Nonimmigrant" means the same as in Section 10l(a)( 15) of the INA
(8 U.S.C. ij I IOI(aHL5)).
"Nonprofit charitable organization", for purpt)ses olthis subchapter,
shall mean an organization as specified in Section 4.32 of PRAWORA,
as amended by Public Law No. 104-208 (8 U.S.C. § 1642(d)) which
shall include, but not necessarily be limited to, organizations which have
received a tax exemption from the internal Revenue Service pursuant to
Internal Revenue Code section 501(c)(3). "Nonprofit charitable organi-
zation" does not include general or limited partnerships which have a
nonprofit charitable organization as a general partner unless the partner-
ship entity itself is both non-profit and charitable. An organization is
"nonprolll" if it is organized and operated for purposes other than making
gains or profits for the organization, its members or its shareholders, and
is precluded from distributing any gains or profits to its members or
shareholders. An organization is "charitable" if it is organized and o|ier-
ated for charitable purposes. The term "charitable" includes organiza-
tions dedicated to relief of the poor and distressed or the underprivileged,
as well as religiously-affiliated t)rganizations and educational organiza-
tions.
"PRAWORA" means the Personal Responsibility and Work Opportu-
nity Reconciliation Act of 1996. (F>ub. L. No. 104-193. 8 U.S.C.
§ 1621).
"Public Benefit" means any of the following:
( 1 ) Any kind of rental assistance pro\ided to a hou.sehold through any
program listed in section 6935.2, including but not limited to subsidized
rents; tenant-based rental assistance; and rent vouchers;
(2) The right to occupy an assisted unit;
(3) Any loan or gram provided to a homeowner or shareholder in a
cooperative through any program listed in section 6935.2.
"Qii^lilit^d Alien" means an alien who, at the time he or she applies for,
receives, or attempts to receive a public benefit, is. under Section 43 1 (b)
of the PRAWORA (8 U.S.C. ^ 1641(b)), any of the following:
( 1 ) An alien lawfully admitted for permanent residence under the INA
(8 U.S.C. i? 1101 CI scq.);
(2) An alien who is granted asylum under Section 208 of the INA (8
U.S.C. § 1158);
(3) A refugee who is admitted to the United States under Section 207
of the INA (8 U.S.C. ij 11.57);
(4) An alien who is paroled into the United States under Section
212(d)(5) of the INA (8 U.S.C. § 1 182(d)(5)) for a period of at least one
year;
(5) An alien whose deportation is being withheld under Section 243(h)
of the INA (8 U.S.C. ^ 1253(h)) as in effect immediately before the ef-
fective date of section 307 of division C of Public Law 1 04-208 ) or Sec-
tion 241(b)(3) of such Act (8 U.S.C. i^ 1251(b)(3)) (as amended by Sec-
tion 305(a) of division C of Public Law 104-208);
(6) An alien who is granted conditional entry pursuant to Section
203(a)(7) ofthe INA as in effect prior to April I, 1980. (See editorial note
under 8 U.S.C. § I 101, "Effective Dale of 1980 Amendment."); or
(7) An alien who is a Cuban or Haitian entrant (as defined in Section
501(e) of the Refugee Education Assistance Act of 1980 (8 V.S.C.
^ 1522 note));
(8) An alien who, under Section 431(c)(1) of the PRAWORA (8
U.S.C. i:; I641(c)(l )), meets all ofthe conditions of subparagraphs (A),
(B), (C), and(D) below:
(A) The alien has been battered or subjected to extreme cruelty in the
United Stales by a spouse or a parent, or by a member of the spouse" s ov
parent's family residing in the same household as the alien, and the
spouse or parent of the alien consented to, or acquiesced in, such battery
or cruelty;
(B) In the opinion ofthe department there is substantial connection be-
tween such battery and cruelly and the need for ihe benefits to be pix)-
vided. For purposes of this subseclion. the following circumstances dem-
onstrate a substantial connection between the battery or cruelty and the
need for the benefits to be provided:
(i) The benefits are needed to enable the alien to bect)me self-suffi-
cient following separation from the abuser.
(ii) The benefits are needed to enable the alien to escape the abuser
and/or the community in which the abuser lives, or to ensure the salety
o\' the alien from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting
from the alien's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien to lose his or her job or to earn less or to require the
alien to leave his or her job for safety reasons.
(v) The benefits are needed because the alien requires medical atten-
tion or mental health counseling, or has become disabled, as a lesult of
the baiiery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source
of income orfear of the abuserfollowing separation from the abu.ser jeop-
ardizes the alien's ability to care for his or her children (e.g., inability to
house, feed, or clothe children or tt) put children into day care for fear o\
being found by the abuser).
( vii ) The benefits are needed to alleviate nutritional risk or need result-
ing from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a preg-
nancy resulting from the abuser's sexual assault or abuse of, of relation-
ship with, the alien and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien had w hen liv-
ing with the abuser.
(C) The alien has been approved or has a petition pending which sets
forth a prima facie case for:
(i) status as a spouse or child of a United Slates citizen pursuant to
clause (ii), (iii), or (iv) of Section 204(a)(1)(A) i)[' ihe INA (8 U.S.C.
§ IL54(a)(l)(A)(ii), (iii) or (iv));
Page 289
Register 2001, No. 22; 6- 1 -2001
§ 6935.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(iv)classincaiion pursuant 10 clause (ii) or (iii) 1)1" Section 2()4(a)( 1 )(B)
olthe INA (8 U.S.C. § 154(a)(l)(B)(ii) or (iii)):
(V) suspension ofdeportation and adjustment ofsialus pursuant to Sec-
tion 244(a)(3) of the INA (8 U.S.C. § i254)(a)(3)), as in elTect prior to
April I. 1997. (Piib.L. 104-208. se. 501 (etTective Sept. 30. 1996 pur-
suant to sec. 304); Fub.L. 105-33. sec. 8! (elTeelive pursuant to sec.
5582)] (codified as "cancellation ol' removal under section 240A of such
Act [8 U.S.C. § 1229b| as in effect prior to April 1. 1997):
(vi) status as a spouse or child of a United Stales citi/en pursuant to
clause ( I) of Section 204(a)( I )( A) of the INA (8 U.S.C. ^ 1 154(a)( 1 )(A))
or classification pursuant to clause (I) of Section 2()4(a)( 1 )(B)of the INA
(8 U.S.C. § 1154(a)(i)(B));
(vii) cancellation oi" removal pursuant to Section 24()(h)(2)(A) of the
INA (8 U.S.C. § 1229(b)(2)).
(D) For the period for which bene ilts are sought, the individual respon-
sible for the battery or cruelty does not reside in the same household or
family eligibility unit as the individual subjected to the battery orcruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B),
(C), (D)and(E) below:
(A) The alien has a child who has been battered or subjected to extreme
cruelly in the United States by a spouse or a parent of the alien (without
the active participation of the alien in the battery orcruelty). t)r by a mem-
ber of the spouse's or parent's family residing in the same household as
the alien, and the spouse or parent consented or acquiesced to such bat-
tery or cruelty.
(B) The alien did noi actively participate in such battery or cruelly:
(C) In the opinion of the department, there is a substantial connection
between such battery or cruelly and the need for the benefits to be pro-
vided. For purposes of this subsection, the following circumstances dem-
onstrate a substantial connection between the battery or cruelty and ihe
need for the benefiis lo be provided:
(i) The benefits are needed to enable the alien's child lo become self-
sufficient following separation from the abuser.
(ii) The benefits are needed lo enable ihe alien's child to escape the
abuser and/or the community in which the abuser lives, or to ensure the
safety of the alien's child from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting
from the alien child's separation from the abuser.
(iv) The benefiis are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelly or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien's child to lose his or her job or to earn less or to re-
quire the alien's child to leave his or her job for safety reasons.
( v) The benefiis are needed becau.se the alien's child requires medical
attention or mental health counseling, or has become disabled, as a result
of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source
of income or fear of the abuser following separation from the abuser jeop-
ardizes the alien's child's ability to care for his or her children (e.g.. in-
ability to hou.se, feed, or clothe children or lo pui children into day care
for fear of being found by the abuser).
(vii) The benefiis are needed to alleviate nutritional risk or need result-
ing from the abuse or following separation from the abuser.
(viii) The benefiis are needed to provide medical care during a preg-
nancy resulting from the abuser's sexual assault or abuse of, or relation-
ship with, the alien's child and/or lo care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien's child had
when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above;
(E) For the period for which benefits are sought, the individual respon-
sible for the battery or cruelty does not reside in the same household or
family eligibility unit as the individual subjecled lo the battery orcruelty.
(10) An alien child who meets all of the conditions of subparagraphs
(A). (B), and (C) below:
(A) The alien child resides in the same household as a parent who has
been battered or subjecled to extreme cruelty in the United Stales by that
parent's spouse or by a member of the spouse's family residing in the
same household as the parent and the spouse con.sented or acquiesced to
such battery or cruelty. For purposes of this subsection, the term "bat-
tered or subjected lo extreme cruelty" includes, but is not limited to being
the victim of any act or threatened act of violence including any forceful
detention, which results or threatens lo result in physical or mental injury.
Rape, molestation, incest (if the victim is a minor), or forced prostitution
shall be considered acts oi' violence.
(B) In the opinion of the department there is a substantial connection
between such battery or cruelly and the need for the benefits lo be pro-
\ ided. For purposes of this subsection, the following circumstances dem-
onstrate a substantial connection between the battery or cruelty and the
need for the benefiis to be provided:
(i) The benefits are needed to enable the alien child's parent lo become
.self-sufficient following the separation from the abuser.
(ii)The benefits are needed to enable the alien child's parent to escape
the abuser and/or the community in which the abuser lives, or lo ensure
the safety of the alien child's parent from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting
from the alien child's parent's separation from the abuser.
(iv ) The benefiis are needed because the battery or cruelty, separation
l'rt)m the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien child's parent to lose his or her job or to earn less
or to require the alien child's parent to leave his or her job for safely rea-
sons.
(v) The benefits are needed because the alien child's parent requires
medical attention or menial health counseling, or has become disabled,
as a result of the battery or extreme cruelty.
(\i) The benefiis are needed because the loss of a dwelling or source
of income or fear of the abuser following separation from the abuser jeop-
ardizes the alien child's parent's ability lo care for his or her children
(e.g., inability to house, feed, or clothe children or lo put children into day
care for fear o\' being found by the abuser).
( vii ) The benefiis are needed to alleviate nutritional risk or need result-
ing from the abuse or following separauon from the abuser.
(viii) The benefiis are needed to provide medical care during a preg-
nancy resulting from the abuser's sexual assault or abuse of, or relation-
ship with, the alien child's parent and/or lo care for any resulting chil-
dren.
(ix) Where medical coverage and/or health care services are needed lo
replace medical coverage or health care services ihe alien child's parent
had when living with the abuser.
(c) The alien child meets the requirements of subsection (c)(8)(C)
above.
"Regulatory agreement" means an agreement governing the mainte-
nance, use and occupancy of specific units, or a specified number of
units, in a rental housing development and which has been or will be en-
tered into between a sponsor and the department as a condition of receiv-
ing assistance from any of the programs listed in section 6935.2 above.
"Rental Assistance" means any form of cash, voucher, or promise to
provide the payment of rent, in whole or in part, to or on behalf of an indi-
vidual, household, or family eligibility unit.
"Sponsor" or "Project Sponsor" means the person or entity, including
governmental entities, which has been funded by the Department in order
to facilitate a public benefit to individuals or households. Depending on
the program, the project sponsor may be a grantee of, or a borrower of.
funds administered by the Department. "Sponsor" or "Project Sponsor"
also means the person or entity designated in a currently effective regula-
tory agreement as the "borrower". For the purposes of this Subchapter the
term "sponsor" does not include a nonprofit charitable organizafion. as
defined above. (Section 432 of the PRAWORA, as amended by Pub. L.
Page 290
Register 2001, No. 22; 6-1 -2001
Title 25
Program Operations
ij 6939
104-208 (8 U.S.C. S 1642(d)). exempts nonprofit charitable organiza-
tions froni the obhgalion to verify ehgibility.)
■"Unquahfied AMen" means an alien who is not a qiiaHfied aUen.
Ncvn:; Amhorilv cited: Sections .^0402. 30406. .S04()6(h) and (n). .S0()62.
5066X.5(ii). 50697(d). .50710. .507714. 507S6(a). 50801.5. 50806.5. 50884.
50895 and 50896 3(b). Health and .Salety Code: and 24 CFF^ 570.489(h). Refer-
ence: (Pub. L. 104-19.3 (FRAWORA)). 8 U.S.C. ^^ 1601. 1621. 1641(b) and
1642 (62 Fed. Reg. 61.345 el. .Seq. (Nov. 17. 1997).)
HisToin'
1 . New section filed 9-9-98: operative 9-9-98 pursuant to Government Code sec-
tion I i.^43.4(d) (Regi.ster 98. No. 37).
§ 6935.6. Nondiscrimination.
All eligibility reqin'remenls contained in this subchapter shall be
applied without regard to the race, creed, color, gender, religion, age, dis-
ability, familial status ornalional origin of the individual applying lor ihe
public benefit.
NOTti: Authorilv cited: Sections 50806.5. 50884. 50895 and 50896.3(b). Health
and Salerv Code: and 24 CFR 57().489(b). Reference: (Pub. L. 104-193 (FRA-
WORA)): and 8 U.S.C. ^Jj 1621. 1622. 1641 and 1642(d).
Hl.SIORY
1 . New .section filed 9-9-98: operative 9-9-98 pursuant to Government Code sec-
tion 1 1343.4(d) (ReLMster98. No. 37).
Article 2. Eligibility for Benefits
§ 6937. Eligibility for Public Benefits.
To be eligible to receive a public benefit under the department's pro-
grams, a person must be a United Stales citizen or national, or, pursuant
to Section 41 1 of the PRAWORA, one of the following types of aliens:
(a) a qualified alien; (b) a nonimmigrant alien under the INA; or (c) an
alien who is paroled into the United States under section 212(d)(5) of the
INA (8 U.S.C. § 1 182(d)(.5)) for less than one year.
NOTK: Authority cited: Sections 50402. 50406, 50406(h) and (n), 50662.
.50668. 5(g). .50697(d), .50710. 50771.1. 50786(a). 50801.5. 50806.5, 50884,
50895 and 50896.3(b). Health and Safetv Code; and 24 CFR 570.489(b). Refei-
ence: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C. i^ij 1621. 1622. 1641 and
1642.
HlST(3RY
I. New article 2 (sections 6937-6937.4) and .section filed 9-9-98; operative
9-9-98 pursuant to Govemment Code section 1 1.343.4(d) (Register 98, No, 37).
§ 6937.2. Eligibility of Households.
(a) To be eligible to receive any form of rental assistance or assisted
rental housing unit;
( 1 ) In the case of a new tenancy, each adult member of a household
must be eligible to receive a public benefit.
(2) In the case of a tenancy which is in existence as of the effective date
of these regulations, either the head of the household or his or her spouse
must be eligible to receive a public benefit, provided that the household
does not include any person who is ineligible to receive the public benefit
other than the head of household or spouse, the parents or grandparents
of the head of household or spou.se, or the children of the head of house-
hold or spouse.
(b) To be eligible to receive any form of home ownership assistance,
each person whose name appears on the title for the home or. in the case
of cooperatives, the share certificate, must be eligible to receive a public
benefit.
Note: Authority cited: Sections 50402. 50406. 50406(h) and (n), 50662,
-50668. 5(g), 50697(d). 50710, 50771,1, 50786(a), 50801.5, 50806.5, 50884.
50895 and .50896.3(b). Health and Safety Code; and 24 CFR 570.489(b). Refer-
ence: (Pub. L. 104-193 (PRAWORA)): and 8 U.S.C. i^i^ 1621, 1622, 1641 and
1642.
History
1 . New seciion filed 9-9-98; operative 9-9-98 pursuant to Govemment Code sec-
tion 1 1343,4(d) (Register 98, No, 37),
§ 6937.4. Time at Which Eligibility Will Be Determined.
(a) Rental Assistance or Assisted Units
( 1 ) Initial eligibility of an applicant under a program which pi'o\ides
rental assistance or an applicant for an assisted unit in a rental housing
development shall be determined as part of the initial determination of
the applicant's overall eligibility for the individual program. If ;in appli-
cant fails to establish eligibility pursuant to subsection (b) of section
6939.2, the rental assistance or access to an assisted unit shall be denied.
(2) Continuing eligibility of an existing household in a rental housing
development shall be determined at the tiine of the household's next eli-
gibility re-ceilification pursuant to the requirements of the reguhitt)ry
agreement, if an existing household fails to demonstrate eligibility pur-
suant to this subchapter, the hou.sehold shall be given a w ritten nt)tice th;it
the tenant's assistance will be withdrawn .30 days thereafter, either by in-
creasing the unit's rent to a non-assisted rent level (subject to any appli-
cable rent restrictions iinposed by existing regulatory agreements by and
between the project sponsor and any other governmental entity), or in the
case of a direct rental subsidy, by tertninating that subsidy. If the house-
hold occupies an assisted unit, the notice shall also inform the household
that the tenancy will be tertninated in 6 months unless, within that period,
a vacant non-assisted unit is re-designated as a replacement assisted
unit, in that ca.se, the hou.sehold inay be perinitted to remaiti in the for-
merly-assisted unit at a non-assisted rent.
(3) Eligibility of a household in a rental housing development need
only be verified once during the lime the household resides in that de\el-
optnent.
(b) Home Owner Assistance
( 1 ) Initial eligibility of an applicant forhomeowner assistance shall be
determined during loan origination and must be completed prior to the
closing of the loan or grant. If an owner fails to establish eligibility pur-
suant to this subchapter, the assistance shall be denied.
(2) For all homeowners or shareholders in cooperatives who have re-
ceived a loan or grant prior to the effective date of these regulations, and
for owners or shareholders who have received an initial determination of
eligibility under subsection (1), continuing eligibility shall be established
prior to the Department's approval of any change concerning the loan or
grant, or the underlying property which, pursuant to program regulations
or the loan or grant documents, requires the Department's prior approval
(e.g., loan extension, assumption, assignment, or subordination, or trans-
fer, or encumbrance of the property). If the homeowner or shareholder
fails to establish eligibility, the Department shall withhold its approval
of the change. Under no circumstances may the assistance provided to a
homeowner be transferred to an unqualified alien, nor may an unquali-
fied alien be added to the title in a manner which would allow that unqual-
ified alien to be a beneficiary of the program.
(c) All determinations of ineligibility shall be in writing, and shall in-
clude the reasons for the determination and a summary of the applicable
appeal procedures set forth in section 6939.6.
NOTE: Authority cited: Sections 50402, 50406. 5()406(h) and (n). 50662.
50668.5(g). 50697(d). .50710. 50771.1. 50786(a). .50801,5, 50806,5. 50884.
.50895 and 50896.3(b), Health and .Safety Code; and 24 CFR 570.489(b), Refer-
ence: (Pub. L. 104-193 (FRAWORA)); and 8 USC. 5Jj 1621, 1622. 1641 and
1642,
Hl.STORY
1 . New section filed 9-9-98; operative 9-9-98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98. No. 37).
Article 3.
Procedures for Determining and
Reporting Eligibility
§ 6939. Who Must Perform Verifications.
(a) Each sponsor shall perforin eligibility verifications as required by
this subchapter. (Section 432 of the PRAWORA, as amended by Pub. L.
104-208 (8 U.S.C. § J 642(d)). does not require nonprofit charitable or-
ganizations to verify eligibility.) The failure to perform eligibility verifi-
cations may, in the Department's discretion, be considered a default un-
der the loan or grant to the sponsor. In those situations in which an
applicant for a public benefit is seeking a public benefit directly from the
Department, the Department shall perform the verification of eligibility.
Page 290.1
Register 2001, No, 22; 6- 1 -2001
§ 6939.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) Each sponsor, including local governmental entities, shall perform
the tenant veriricaiions required piirstiant to this section as part of its on-
going project management responsibilities. Each such project sponsor,
or the department where it has performed the verification of eligibility,
shall maintain the appropriate documentation as part of each ptiblic bene-
ficiary's program file. In the ca.se of governmental sponsors, where an
applicant's eligibility for a public benefit has already been verified as part
of an eligibility process for another federal, state, or local program sub-
jecl to PRAWORA. that verification shall be deemed adequate for pur-
poses of this subchapter and documentation of the verification shall be
maintained in the public beneficiary's file.
(c) Any sponsor that verifies eligibility may consider the costs in-
volved in perlbrming the verifications to be a project expense; and may
charge applicants, but not existing tenants, a reasonable fee for determin-
ing eligibility.
(d) The Department shall charge a fee not to exceed $ 1 3, for each veri-
fication it performs.
(e) The Department shall not be liable for any action, delay, or failure
of the INS in conducting the Systematic Alien Verification for Entitle-
ments (SAVE) system or other verification process.
NOTti: Authority cited: Sections 50402. 50406, 50406(r), (h) and (n). 50662.
50668.5(e), 50697(d). 50710, 50771.1. 5()786(a). 50801.5. 50806.5. 50884.
50895 and 50896.3(b). Health and Safety Code; and 24 CFR 570.489(b). Refer-
ence: (Pub. L. 104-193 (PRAWORA)); and 8 U.S.C.^§ 1621, 1622. 1625, 1641
and 1642.
History
1. New article 3 (sections 6939-6939.4) and section tiled 9-9-98; operative
9 -9-98 pursuant 10 Government Code section 1 1343.4(d)(Register98. No. 37),
§ 6939.2. Method for Determining Eligibility.
(a) For any project receiving funds and llmds from any of the programs
listed in section 6935.2, and which project is also subject to federal eligi-
bility verification procedures (such as the Section 214 requirements for
Public Housing and Section 8), verification of eligibility shall be deter-
mined using federal procedures or the procedures promulgated by the
federal funding source to implement the requirements of PRAWORA, if
such federal procedures are in effect. In the event there are no applicable
federal regulations in effect, the procedures specified in this subchapter
shall apply to joint state-federally-funded projects until such time as fed-
eral regulations become effective. Notwithstanding anything to the con-
trary in this subsection, unless the federal regulations have preempted the
field of verification for federally-funded projects or programs, or unless
federal regulations mandate a shorter period, the 6-month waiting period
prior to termination of a tenancy set forth in section 6937.4(a)(2) shall ap-
ply to projects funded under any program listed in section 6935.2.
(b) For purposes of establishing eligibility for the programs listed in
section 6935.2 and which are not subject to federal PRAWORA eligibil-
ity verification procedures, all of the following procedures shall be fol-
lowed:
(1 ) To be considered for eligibility, the applicant shall declare his or
her citizenship, alienage, and/or immigration status as a United States cit-
izen or national, a qualified alien, a nonimmigrant alien, or a parolee to
the United States by completing and signing the "Statement of Citizen-
ship, Alienage, and Immigration Status for State Public Benefits", Form
HCD-Benefit Status Form 1, (2/98) version which is hereby incorpo-
rated into these regulations by reference. This form is provided by the de-
partment.
(2) With the exception of the eligibility determination of an applicant
for occupancy in an assisted rental unit who is a United States citizen or
national, the applicant must present documents of a type acceptable to the
INS. as set forth in List A of HCD Benefit Status Form I (2/98) in the case
of an applicant who is a citizen or national, or List B of HCD Form 1 in
the case of an applicant who is an alien, which serve as reasonable evi-
dence of the applicant's declared status at the time of application. A fee
receipt from the INS for replacement of a lost, stolen, or unreadable INS
document is reasonable evidence of the applicant's declared status. At
the time of application, an applicant for occupancy in an assisted rental
unit who is a United Slates citizen or national shall not be required to pro-
vide any additional supporting documentation of his or her declared sta-
tus beyond a completed and executed HCD Benefit Status Form I (2/98).
However, if such an applicant becomes a tenant, he/she shall be required
to provide the supporting documentation described in List A of HCD
Benefit Form 1 (2/98) upon hi.s/her first eligibility re-certification pur-
suant to the requirements of the regulatory agreement.
(3) If the documents presented do not on their face appear to be genu-
ine or to relate to the individual presenting them, the sponsor shall contact
the government entity that originally issued the documents for verifica-
tion. In the case of naturalized citizens, derivative citizens presenting cer-
tificates of citizenship, and aliens, the INS is the appropriate government
entity to contact for verification. The sponsor shall request verification
from the INS by filing INS Form G-845 or its successor, with copies of
the pertinent documents provided by the applicant, with the local INS of-
fice. If an applicant has lost his or her original documents or presents ex-
pired documents or is unable to present any documentation evidencing
his or her immigration status, the applicant shall be referred to the local
INS office to obtain documentation.
(i) Once an applicant for occupancy in a rental unit has provided the
sponsor all information required by subsection (b) to establish the appli-
cant's eligibility, the applicant shall be eligible for public benefits until
and unless the sponsor or Department receives written confirmation from
the INS that the applicant does not have a legal status which would make
him or her eligible for a public benefit. Where an applicant has been pro-
vided rental assistance or occupancy in an assisted rental unit pending re-
view by the applicable governmental entity, and it is later determined that
he or she was ineligible to receive that public benefit, the benefit shall be
terminated in accordance with the provisions of subsection 6937.4(a)(2).
(ii) Applicants seeking approvals related to homeownership loans or
cooperative shares subject to subsection 6837.4(b), whose documents do
not on their face appear to be genuine or to relate to the individual pres-
enting them shall be denied the public benefit until the sponsor or Depart-
ment receives confirmation of the applicant's eligibility from the issuing
governmental entity.
(4) At the time of a continuing eligibility determination made pursuant
to section 6937.4. subsection (a)(2) or (b)(2), the tenant, owner, or share-
holder shall complete and execute a Form 1, and present documents spe-
cified in list A or B of HCD Benefit Status Form 1 (2/98) which serve as
reasonable evidence of the tenant's, owner's, or shareholder's declared
status.
(5) If the INS advises that the applicant has citizen status or has immi-
gration status which makes him or her a quahfied alien, a nonimmigrant
or alien paroled for less than one year under section 21 2(d)(5) of the IN A,
the INS verification shall be accepted.
(6) If the INS advises that it cannot verify that the applicant is a citizen,
a national, or a qualified alien, benefits shall be denied, or discontinued,
as applicable, and the applicant notified of the denial or discontinuance
and of his or her right to appeal the denial pursuant to Section 6939.6.
(c) Pursuant to Section 434 of the PRAWORA (8 U.S.C. § 1 644), any
of the following information submitted by an applicant as reasonable evi-
dence of the applicant's declared status under subsection (b) shall be sub-
mitted to the INS for verification:
( 1 ) The document presented indicates immigration status but does not
include an alien registration or alien admission number.
(2) The document is suspected to be counterfeit or to have been altered.
(3) The document includes an alien registration number in the A60 000
000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(4) The document is one of the following: an INS Form 1-I81b notifi-
cation letterissued in connection with an INS Form I-18I Memorandum
of Creation of Record of Permanent Residence, an Arrival-Departure
Record (INS Form 1-94) or a foreign passport stamped "PROCESSED
FOR 1-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT
RESIDENCE" that INS issued more than one year before the date of
application for public benefits.
Page 290.2
Register 2001, No. 22; 6-1-2001
Title 25
Program Operations
i^ 6950
(d) Piirsuanl lo Scclion 434 of Ihc PRAWORA (8 U.S.C. § 1644).
where the Depiinmeni leasoniihly believes that an alien is unlawfLilly in
the Slate based on the I'ailure of the alien to provide reasonable evidence
of the alien's declared status, alter an opportunity to do so, said alien shall
be reported lo the Immigration and Naliiralizalion Service.
Nt)li;: Aiilhorilv cilcd: .Sections .^0402. .=i()4()6. .^0406(11) aiul (n). 50b62,
.S066S.,'S(e). S()697id). .-SO? 10. ,^0771.1. .S()786(a). .SOSOl..^. 50806. .S. .50X84,
.50X9,5 and 508V6..^(b). Health and Sal'etv Code: and 24 CFR 570.489(b). Refer-
ence: (Piil->. L. 104-19."^ (PRAWORA)): and 8 US.C.^^ 1621, 1622, 1641, 1642
and 1644: (62 Fed. Reg. 61.M5 el. scq. (Nov. 17. 1997)'.)
Hi.srokY
1 . New section filed 9-9-98: operative 9-9-98 pursuant to Government Code sec-
tion 1 l.U.^.4(d) (Register 98. No. 37).
{j 6939.4. Appeal Procedures.
(a) Any person deierrnined to be ineligible to receive benefits may ap-
peal such determination as provided by this section.
(b) To be considered, an appeal: ( I ) must be submitted in writing to the
entity (department, sponsor, or local government) that performed the eli-
gibility verification; (2) must be either hand delivered or postmarked
within 10 calendar days f'rotn the date of the written determination of in-
eligibility; and O) tnust state the reason(s) the person believes the deter-
mination was in error.
(c) In the case of a sponsor that has an appeal or grievance procedure
that has been approved by the department as part of the sponsor's man-
agement plan, the sponsor may use that procedure to process eligibility
appeals, or it may use the procedure set forth in subsection (d) of this sec-
tioti.
(d) The Department and sponsors that do not have a department-ap-
proved appeal or grievance procedure shall follow the grievance proce-
dures as follows:
( 1 ) Upon receipt of an appeal, the verifying entity shall conduct an ad-
tninistrative review of the decision being appealed, including all docu-
mentary inforinalion submitted by the appellant in support of his or her
appeal. Within 15 calendar days of receipt of an appeal, the administra-
tive review shall be completed and the appellant notified in writing either
that the appellant has been found eligible to receive benefits, or that the
appellant has been found ineligible to receive benefits and the date, time
and location at which an informal hearing will take place. The informal
hearing may be by telephone or in person, in which case the hearing will
be held in the general geographic area where the benefit would have been
conferred.
(2) in the case of the Department, the manager of the affected program
shall appoint a person other than the person who performed the initial
verification to serve as an Informal Review Officer.
(3) In the case of a sponsor, the sponsor shall designate an employee
of the sponsor other than the employee who performed the initial verifi-
cation to serve as an Informal Review Officer. The program providing
the benefit applied for may but is not required lo be represented al the in-
formal hearing.
(4) The Informal Review Officer may deterinine the relevance of the
information or testimony, may limit the length of presentations, and may
eject threatening or abusive persons frotn the informal hearing. The In-
formal Review Officer may request additional evidence, proof, or docu-
mentation frorn the appellant at the time of the informal hearing, or there-
after, and shall set a time after which no additional information will be
accepted.
(.5)Theauthority of the Informal Review Officer shall be limited to de-
termination.s of eligibility pursuant to this subchapter and he or .she shall
have no authority to overrule any decision or conclusion of the INS.
Pending the Informal Review Officer's decision, any discretionary ac-
tion in regards to eligibility for public benefits shall be stayed. If. during
the appeal process, the appellant is found to be ineligible to receive bene-
fits under the program applied under for reasons other than those .set forth
in this subchapter, the appeal shall be disinissed.
(6) The Informal Review OITicer shall render a decision in writing
within 15 caletidar working days after the informal hearing and this will
be a final adtTiinistrative decisioti.
(7) The informal hearing shall be recorded, bul only transcribed where
the verifying entity deems it necessary. Tapes shall be maintained for one
year after a decision is reached.
NOTl-: Authoritv eited: Sections 50402. 50406. 5()406(h) and (n). 50662.
.50668.5(e). 5()697(d). 50710. 50771.1. 50786(a). 50801.5. 50806.5. 50884.
50895 and 50896.3(b). Health and Saletv Code: and 24 CKR 57().489(b). Refer-
ence: (Pub. L. 104-193 (PRAWORA)): and 8 U..S.C. §^ 1621. 1622. 1641 and
1642.
Hi.sroK^
1 . New section tiled 9-9-98; operati\e 9-9-98 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 98, No. 37).
Subchapter 3. California Environmental
Quality Act
Article 1. General Provisions
§ 6940. Authority.
The guidelines adopted herein implement the requirements of the Cal-
ifornia Environmental Quality Act of 1970 (CEQA), Public Resources
Code Section 2IOOOet seq., and the State EIR Guidelines issued by the
Resources Ageticy, Title 14 ofthe California Adtninistrative Code, Divi-
sion 6, Chapter 3.
NOTF.: Authority eited: Section 21082, Public Resources Code. Reference: Title
14, CAC, Section 1.50.50; and Section 21082, Public Resources Code.
HlsrORY
1. New Subchapter 3, Articles 1-7 (Sections 6940-6999, not consecutive) filed
7-1 1-80: effective thirtieth day thereaher (Register 80, No. 28).
2. Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
Govemmeni Code Section II. 346. 2(d) (Register 82, No. 19).
§6941. Purpose.
The basic purpose of these guidelines is to carry out the intent o\' the
Legislature that the Department, in regulating activities of private indi-
viduals, corporations, and public agencies, shall give major consider-
ation to preventing environmental damage, while providing a decern
house and a satisfying living environment for every Californian.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Title
14, CAC. Section 1.5050; and Section 21082, Public Resources Code.
History
1. Amendment filed 5-5-82; designated elTective 6-2-82 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 82. No. 19).
§ 6942. Application.
These Guidelines apply to activities undertaken directly by the depart-
ment, activities financed by the department, and private activities which
require departmental approval.
NOTE: Authority cited: Section 21082, Public Rest)urces Code. Reference: Title
14, CAC. Section 15050; and Section 21080. Public Resources Code.
History
1. Amendment filed .5-5-82: designated efleclive 6-2-82 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 82, No. 19).
Article 2. Definitions
§ 6950. Definitions.
For purposes of these regulations, the following definitions shall ap-
ply:
"Approval" means the decision by the department which commits the
department to a definite course of action in regard to a project. With re-
spect to activities to be carried out by other agencies or persons, approval
occurs when the department contracts or commits to issue a grant, loan,
permit, certificate or other enlitletnenl for use of the project.
"Lead Agency" means the public agency which has the principal re-
sponsibility tor carrying out or approving a project. If the project is to be
Page 290.3
Register 2001, No. 22; 6- 1 -2001
$6960
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
carried oul by a nongovernmental person, the Lead Agency shall be the
public agency with the greatest responsibility lor supervising or approv-
ing the project as a whole. Where the department is Lead Agency, it will
prepare the environmental documents for the project, either directly or
by contract, except as otherwise provided by department regulations. In
the event that the designation of Lead Agency is in dispute, the depart-
ment and other public agencies should consult with each other to deter-
mine who is Lead Agency. Any disputes with another department within
the Business and Transportation Agency shall be resolved by the Secre-
tary. If the department cannot agree on Lead Agency with any other pub-
lic agency, the State Office of Planning and Research will be the final ar-
biter to resolve the designation of Lead Agency.
"Ministerial Projects" includes activities defined as projects which are
undertaken or approved by a decision which an agent of the department
makes upon a given stale of facts in a prescribed manner pursuant lo a
legal mandate. A ministerial decision involves only the use of fixed stan-
dards or objective measurements without personal judgment.
The following definitions shall have the same meaning as defined in
Title 14, California Administrative Code, Chapter 3, Article 4, Sections
15020-15043: "Categorical exemption." "Emergency."" "Environment,""
"Environmental documents,"" "Draft EIR."" "Final EIR,"" "Environmental
Impact Statement (EIS),'" "Initial Study (IS)."" "Negative Declaration
(ND),"" "Notice of Determination,"" "Notice of Exemption,"' "Notice of
Preparation,"" "Project,"" "Responsible Agency,"" and "Significant effect
on the environment.""
NOTE: Authority ciled: Section 21082, Public Resources Code. Reference: Title
14, CAC, Sections 15020-15043.
History
1. Amendment filed 5-5-82: designated effective 6-2-82 pursuant to Govem-
mcni Code Section il.^46.2(d) (Register 82, No. 19).
2. Editorial correction filed 10-19-82 (Re2ister 82. No. 43).
Article 3. Exempt Activities
§ 6960. General.
CEQA either does not apply to the following activities or they are ex-
empt from CEQA and do not require an Initial Study, Negative Declara-
tion or EIR.
(a) Activities which are not projects. See definition of "project."'
(b) Projects with no significant environmental effect, i.e., where it can
be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Title
14, CAC, Section 15050; and Section 21080. Public Resources Code.
History
I . Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
Government Code Section 1 1346.2(d) (Register 82, No. 19).
§ 6961 . Statutory Exemptions.
The following projects are statutorily exempt from CEQA:
(a) Emergency Projects. A Notice of Exemption shall be filed for the
following exempt activities:
( 1 ) Projects undertaken, carried out, or approved by a public agency
to maintain, repair, restore, demolish or replace property or facilities
damaged or destroyed as a result of a disaster in a disaster stricken area
in which a state of emergency has been proclaimed by the Governor.
(2) Emergency repairs to public service facilities necessary to inain-
tain service.
(3) Specific actions necessary to prevent or mitigate an emergency.
(b) Feasibility and Planning Studies. Feasibility or planning studies for
possible future actions which have not been approved, adopted, or
funded. However, such studies must report on the possible environinen-
tal effects of the proposed action should it be taken, including consider-
ation of less environmentally damaging alternatives.
(c) Ministerial Projects.
( 1 ) Ministerial projects are, in general, those entitled to approval upon
a simple determination of conformance with applicable statutes, ordi-
nances, or regulations. With these projects the agency must act upon the
given Facts without regard to any judgment or opinion concerning the
propriety or wisdom of the act.
(2) In the absence of any discretionary provision contained in the rele-
vant local ordinance, ii shall be presumed that the following actions are
ministerial:
(A) Issuance of building permits.
(B) Issuance of business licenses.
(C) Approval of final subdivision maps.
(D) Approval of individual utility service connections and disconnec-
tions.
(3) Where a project involves an approval that contains elements of
both a ministerial action and a discretionary action, the project will be
deemed to be discretionary and will be subject to the requirements of
CEQA.
NOTE: Authority ciled: Section 21082. Public Resources Code. Reference: Title
14, CAC, Section 15050; and Section 21080, Public Resources Code.
Hestory
1. Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
Government Code Section 1 1346.2(d) (Register 82. No. 19).
§ 6962. Categorical Exemptions.
The Guidelines establish classes of projects which have been deter-
mined not to have a significant effect on the environment and are there-
fore categorically exempt. Provided below are only those exempt classes
from Article 8 of the State EIR Guidelines which might be relevant to de-
partmental activities. All class exemptions are inapplicable when the cu-
mulative impact of successive projects of the same type in the same place,
over time is significant. Classes 3, 4, 5, 6. and 1 I are not exempt if the
project may impact on an environmental resource of hazardous or critical
concern which is designated, precisely mapped and officially adopted
pursuant to law by federal, state or local agencies. (Areas of concern in-
clude critical air basins and coastal zones.) A categorical exemption shall
not be used where there is a reasonable possibility that the activity will
have a significant effect due to unusual circumstances.
(a) Class 1 : Existing Facilities. Class 1 consists of the operation, repair,
maintenance or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that previously existing, in-
cluding but not limited to:
( 1 ) Interior or exterior alterations involving such things as interior par-
titions, plumbing, and electrical conveyances;
(2) Electrical, gas. sewerage, or other public utility facilities;
(3) Highways and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities;
(4) Restoration or rehabilitation of deteriorated or damaged stmctures,
facilities or mechanical equipment to meet current standards of public
health and safety, unless it is determined that the dainage was substantial
and resulted from an environmental hazard such as earthquake, landslide
or flood;
(5) Additions to existing structures provided that the addition will not
result in an increase of more than:
( A ) 50 percent of the lloor area of the structures before the addition of
2,500 square feet, whichever is less; or
(B) 10,000 square feet if:
1 . The project is in an area where all public services and facilities are
available lo allow for maximum development permissible in the general
plan and
2. The area in which the project is located is not environmentally sensi-
tive.
(6) Addition of safety or health protection devices for use during con-
stmction of, or in conjunction with, existing structures, facilities or me-
chanical equipment, or topographical features.
(7) Division of existing multiple family rental units into condomini-
ums or slock cooperatives;
Page 290.4
Register 2001, No. 22; 6-1-2001
Title 25
Program Operations
§6962
(8) Unless the sirucUires are ol' historieal. archaeological or archiiec-
lural sigiiiricance, ihe demolition and removal of ihe following individu-
al stiiall slriictiires:
(A) Single family residences not in conjunction with the demolition of
two or more units;
(B) Motels, apariments. and duplexes designed for not more than four
dwelling units if not in conjunclion with the demolition of two or more
such structures;
(C) Stores, offices, and restaurants if designed for an occupancy load
of 20 persons or less, if not in conjunclit)n with the demolition of two or
more such structures;
(D) Accessory (appurtenant) siruclures including garages, carports,
patios, swimming pools, and fences.
(9) Conversion of a single family residence to office use.
(h) Class 2: Replacement or Reconstruction. Class 2 consists of re-
placement or reconstruction of existing structures and facilities where the
new structure will be located on the same site as the stmcture replaced
and will have substantially the same purpose and capacity as the struciiu'c
replaced, including the replacement or reconstruction of existing utility
systems and/or facilities involving negligible or no expansion of capac-
ity.
(c) Class 3: New Construction or Conversion of Small Siruciures.
Class 3 consists of construction and location of limited numbers of new,
small facilities or structures; installation of small new equipment and fa-
cilities in small structures; and the conversion of existing small siruciures
from one use to another where only minor modifications are made in the
exterior of the structure. The numbers of structures described in this sec-
tion are the maximum allowable within a two year period. Examples of
this exemption include but are not limited to:
(1) Single-lamily residences not in conjunction with the building of
two or more such units. In urbanized areas, up to three single-lamily resi-
dences may be constaicted under this exemption.
(2) Apartments, duplexes and similar structures, with not more than
four dwelling units if not in conjunction with the building of two or more
such structures. In urbanized areas, the exemption applies to single apart-
ments, duplexes and similar small structures designed for not more than
six dwelling units if not constructed in conjunction with the building of
two or more such structures.
[The next page is 291
Page 290.5
Register 2001, No. 22; 6- 1 -2001
Title 25
Program Operations
§ 6971
(3) Stores, nioiels, oflices, reslauranis und similar small commercial
structures not involving the use ofsigniricant amounts ol'hazaidous sub-
stances, if designed tor an occupant load of 30 persons or less, ilnot con-
structed in conjunction with the building of two or more such structures.
In urbanized areas, the exemption also applies lo commercial buildings
on sites zoned lor such use. if designed tor an occupant load of 30 persons
or less, if not constructed in conjunclion with the building of 4 or more
such structures and if not involving the use of significant amount of haz-
ardous substances.
(4) Water main, sewage, electrical, gas and other utility extensions of
reasonable length to serve such construction;
(5) Accessory (appurtenant) structures including garages, carports,
patios, swimming pools and fences.
(d) Class 5: Minor Alterations in Land Use Limitations. Class 5 con-
sists of minor alterations in land use limitations in areas with less than a
2{Y/< slope, which do not result in any changes in land use or density, in-
cluding but not limited to:
( 1 ) Minor lot line adjustments, side yard and set back variances not re-
sulting in the creation of any new parcel;
(2) issuance of minor encroachment permits;
(3) Reversion to acreage in accordance with the Subdivision Map Act.
(c) Class 6; Information Collection. Class 6 consists of basic data col-
lection, research, experimental management and resource evaluation ac-
tivities which do not result in a serious or major disturbance to an envi-
ronmental resource. These may be for strictly information gathering
purposes or as part of a study leading to an action which a public agency
has not yet approved, adopted or funded.
(f) Class 9; In.spections. Class 9 consists of activities limited entirely
to inspection, to check for performance of an operation, or quality, health
(.)r safely of a project.
(g) Class 12; Surplus Government Property Sales. Class 1 2 consists of
sales of surplus government property except for parcels of land located
in an area of statewide interest or potential area of critical concern as
identified in the Governor's Environmental Goals and Policy Report pre-
pared pursuant lo Government Code Sections 63041 ct seq. However, if
the surplus property to be sold is located in those areas identified in the
Governor's Environmental Goals and Policy Report, its sales is exempt
if;
1 1 ) The property does not have significant value for wildlife habitat or
other environmental purposes; and
(2) Any of the following conditions exist;
(A) The property is of such size or shape that it is incapable of indepen-
dent development or use; or
(B) The property lo be sold would qualify for an exemption under any
t)ther class or categorical exemption in the State EIR Guidelines; or
(C) The use of the property and adjacent property has not changed
since the time of purchase by the public agency.
(h) Class 21; Enforcement Actions by Regulatory Agencies. Class 21
consists of actions by regulatory agencies to enforce or revoke a lease,
permit, license, certificate, or other entitlement for use issued, adopted
or prescribed by the regulatory agency. Such actions include, but are not
limited lo. the following;
( 1 ) The direct referral of a violation of a lease, permit, license, certifi-
cate, or entitlement for use or of a general rule, standard, or objective to
the Attorney General, District Attorney, or City Attorney as appropriate,
for judicial enforcement;
(2) The adoption of an administrative decision or order enforcing or
revoking the lease, permit, license, certificate, or entitlement for use or
enforcing the general rule, standard, or objective.
ti) Class 26; Acquisition of Housing for Housing Assistance Pro-
grams. Class 26 consists of actions by a redevelopment agency, housing
authority, or other public agency to implement an adopted Housing As-
sistance Plan by acquiring an interest in housing units. The housing units
may be either in existence or possessing all required permits for constmc-
tion when the agency makes its final decision to acquire the units.
NOTh. Authonry cited: Section 21082. Public Resources Code. Reference: Title
14. CAC. Section I50.S0; and Section 21080. Public Resources Code.
HiSKJKV
1. Amendment of subsection (f) filed 5-.S-82; designated eflcctive 6-2-82 pur-
suant to Government Code Section 1 1346.2(d) (Resisler 82, No. 19).
Article 4.
Procedures for Compliance with
CEQA
§ 6970. CEQA Responsibilities.
The Director of the depanmeni shall appoint a CEQA officer to be re-
sponsible for all of the functions in this article, except as otherwise noted.
The person or committee approving any departmental activity which is
a project under CEQA shall review and consider the environmental dt)cu-
ments and make appropriate findings as specified in Section 6971 prior
to approval of the project.
NOTF.: Authority cited: Section 21082. Public Resources Code. Reterence: lille
14. CAC. Section LS050; and Section 21 100. Public Resources Code.
History
1. Amendment of NOTR tiled .'^-,S-82: designated eflcctive 6-2-82 pursuant lo
Government Code Section 1 \Mb.2id) (Register 82. No. 19).
§ 6971 . Procedure Where the Department Is Lead Agency.
(a) General. The department is the Lead Agency if it has the principal
responsibility for carrying out or approving a project. (See Section 69.'S()
for definition.) When acting as Lead Agency, the department shall incor-
porate environmental considerations at the earliest feasible stage in prt)j-
ect planning. If the Department is acting as Lead Agency for a project for
which it will issue a lease, license, or permit, it must determine whether
the project will need an EIR orND within 45 days after accepting applica-
tion as complete; it must adopt an ND not more 1 05 days after such accep-
tance and an EIR in not more than one year. These time periods may be
waived when the project is also subject to the requirements of NEPA and
the conditions of Section 150.54.2(b)(4) of the state EIR Guidelines are
met.
(b) Initial Steps. The Department shall;
(1) Determine whether the activity is a project and if CEQA applies to
the project. If it can be seen with certainty that there is no possibility that
the activity may have a significant effect on the environment, the depart-
ment may proceed without consideration of environmental require-
ments.
(2) Determine if the project is exempt as; a) an emergency project, b)
a ministerial project, or c) a categorical exemption. If it is exempt, file a
Notice of Exemption with the Secretary of Resources (Appendix C).
(3) Determine if project will clearly have a significant effect on the en-
vironment (See Section 6990). If so, no Initial Study is necessary; rather,
proceed to EIR.
(c) Initial Study. In all other instances, the Department shall prepare
an Initial Study (IS). (See Section 6995). The Department shall:
(1) Consult with all responsible agencies to determine whether a ND
or an EIR is required. This may be done quickly and informally.
(2) If the IS demonstrates that the project may have a significant effect
on the environment, or if mandatory findings of significance apply, pro-
ceed to an EIR. (See Section 6990 for "Determining Significant Effect"
and Section 6991 for "Mandatory Findings of Significance.")
(3) If the IS demonstrates that there will be no significant efiecl on the
environment, or if project has been or will be modified to eliminate sig-
nificant effects, proceed to preparation of Negafive Declaratit)n.
(d) Negative Declaration. The Department shall;
(1) Consult informally with responsible agencies to insure that their
concerns will be reflected in the ND. This may occur during the public
review period, subsection (3) below.
(2) Prepare ND (see Section 6996 for contents).
(3) Provide for public review of Negative Declaration, including the
following;
(A) Provide public notice of preparation of ND, including notice to all
organizations and individuals who have previously requested notice and
publication in a newspaper of general circulaUon in the area affected by
the project;
(B) Keep copies available in the Department for public inspection;
Page 291
(4-1-90)
§ 6972
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(C) Hold public hearings ilnddiiional public input is desired. (Follow
deparimenlal notice and hearing procedures.)
(4) Provide for state agency review by submission to State Clearing-
house; allow 30 days minimum review period.
(5) Consider the ND and any comments received prior to approving
or disapproving the ND.
(6) Prepare notice of determination (see Section 6997) and file with the
Secretary of Resources.
(e) Preparation of draft EIR. The Department shall:
( 1 ) Send Notice of Preparation to Responsible Agencies by certified
mail and to the State Clearinghouse and any federal agencies involved in
funding or approving the project.
(2) Consult with Responsible Agencies, interested organizations and
individuals, persons with special expertise, and relevant federal agencies
prior to commencement of preparation of the draft EIR.
(3) Where a federal EIS will also be required, determine if joint EIR/
EIS is appropriate.
(4) Prepare draft EIR or contract for its preparation (see Section 6998
for contents).
(5) After completion of draft EIR, send draft EIR to State Clearing-
house with cover form (Appendix A).
(6) Obtain comments on draft EIR from public agencies having juris-
diction by law and consult with persons having special expertise.
(7) Provide for public review of draft EIR, including the following:
(A) Provide Notice of Completion of draft EIR to all organizations and
individuals who have previously requested it.
(B) Provide Notice of Completion of draft EIR to the public through
publication in a newspaper of general circulation in the area affected by
the project.
(C) Submit draft EIR to State Clearinghouse for distribution and to
areawide clearinghouses, regional and local agencies.
(D) Make copies of draft EIR's available to appropriate public library
systems.
(E) Hold public hearings if additional public input is desired. (Follow
department notice and hearing procedures.)
(8) Provide for state agency review of draft EIR by submission to State
Clearinghouse; allow 45 days review period.
(9) Evaluate comments received on draft EIR.
(f) Preparation of final EIR. The Department shall;
( 1 ) Prepare final EIR or contract for its preparation (see Section 6998)
and mitigate any significant environmental effects where feasible.
(2) Consider the significant environmental effects identified in the
EIR and approve the project only if such effects have been reduced to an
acceptable level.
(3) Prepare Findings for Significant Environmental Effects. (See Sec-
tion 6993.)
(4) Prepare Statement of Overriding Considerations where environ-
mental effects cannot be mitigated and the Department decides to pro-
ceed with project. (See Section 6994.)
(5) Certify that the EIR complies with CEQA and State EIR Guidelines
and that the information contained in the EIR has been reviewed and con-
sidered prior to project approval.
(6) File Notice of Determination with the Secretary of Resources (Ap-
pendix B).
(7) File final EIR with the appropriate planning agency of any city and/
or county which will be affected by the project.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Title
14, CAC, Section 15050; and Section 2 II 65, Public Resources Code.
History
1. Editorial renumbering of subsection (d) to (e), subsection (e) to (f) and subsec-
tion (e)(6) to (f)(7) filed 5-5-82; designated effective 6-2-82 pursuant to Gov-
ernment Code Section 11346.2(d) (Register 82, No. 19).
§ 6972. Assumption of Lead Agency Responsibilities.
The Department, acting as a Responsible Agency, must assume the re-
sponsibilities of Lead Agency when the following conditions occur: the
Lead Agency fails to prepare an EIR, inadequately prepares an EIR with-
out consulting the department, or a subsequent EIR is required and the
statute of limitations for challenging the Lead Agency's action under
CEQA has expired (see Section 13063.3 of State EIR Guidelines). The
Department may charge and collect fees if it prepares an EIR or an ND
for projects for which it is the Lead Agency but not the implementing
agency.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Title
14. CAC, Section 15050; and Section 21 165. Public Resources Code.
History
1 . Amendment of NOTE filed 5-5-82; designated elTeclive 6-2-82 pursuant to
Govemmeni Code Section 1 1346.2(d) (Register 82. No. 19).
§ 6973. Procedure Where the Department Is a Responsible
Agency.
(a) General. Where the Department is the responsible agency (see defi-
nition Section 6950), it must require any local agency that is the Lead
Agency to prepare enviromnental documents and submit them with the
request for project approval. The Department must ensure that the envi-
ronmental documents that it uses in reviewing the project comply with
CEQA. The Department shall encourage a Lead Agency to incorporate
environmental considerations at the earliest feasible stage in project
planning and remind it of its obligation to consult and respond to consul-
tation prior to development of environmental documents. The Depart-
ment shall explain its reasons for recommending whether an EIR or an
ND should be prepared, including the identification of potential environ-
mental effects.
(b) Procedure. The Depariinent shall:
( 1 ) Respond to a consultation request by the Lead Agency regarding
whether to prepare a ND or an EIR.
(2) No later than 45 days after receiving a Norice of Preparation for an
EIR, send a written reply by certified mail or another method that will
provide a record of receipt, specifying the scope and content of environ-
mental information germane to its responsibilities.
(3) Review and comment on draft EIR's and Negative Declarations for
projects which it would later be asked to approve.
(4) In those instances in which it believes that the EIR or ND is inade-
quate and the Lead Agency does not concur with this assessment, the De-
partment must take the issue to court within 30 days after Notice of Deter-
mination was filed, prepare a subsequent EIR (if permissible under
Secrion 15067 of the State EIR Guidelines) or be deemed to waive objec-
tions to the document's adequacy.
(5) Consider environmental effect of the project as shown in EIR or
ND prior to reaching a decision on project. The Department shall not ap-
prove a project as proposed if there is any feasible alternative or mitiga-
tion measure within its powers that would substantially lessen any signif-
icant effect the project would have on the environment.
(6) Prepare Findings for Significant Environmental Effects (see Sec-
tion 6993).
(7) Prepare Statement of Overriding Considerations (Section 6984)
where environmental effects cannot be mitigated and the Department de-
cides to approve the project (see Section 6994).
(8) File a Notice of Determination with the Secretary of Resources for
those projects which the Department determines to approve or carry out
(Appendix B).
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Title
14. CAC, Section 15050; and Section 21 165, Public Resources Code.
History
1. New subsection (b)(8) filed 5-5-82; designated effective 6-2-82 pursuant to
Government Code Section 11346.2(d) (Register 82, No. 19).
§ 6974. Procedure for Federal Projects.
General. When the Department officially comments on a proposed
federal project which may have a significant effect on the environment,
the comments shall include descriprion of Environmental Impact (see
Section 6998).
NOTE; Authoritv cited: Section 21082, Public Resources Code. Reference: Title
14. CAC. Section 15050; and Section 21 101, Public Resources Code.
Page 292
(4-1-90)
Title 25
Program Operations
5j 6982
History
I. Amcndincni tif NOTH I'ilcd 5-5-S2: desiiinatecl crtcclive 6-2-H2 piiisuanl to
Govcmmcni Code Section 1 1346.2(d) (Rcjislci- 82. No. 19).
Article 5.
Application to Developmental
Activities
§ 6980. Exemption for Financial Assistance.
(a) Excepl as provided in subseclion (h). CEQA shall not apply lo ac-
tions taken hy the Depailinent to provide financial assistance for the de-
velopinenl and constrnclion of residential housing tor persons and lami-
lies of low or moderate income, as defined in Section 50093 of the Health
and Safety Code. The Department shall be exempt from CEQA for activi-
ties relating to reviewing and acting upon applications and disbursing
funds for such financial assistance for land banking and acquisition, pre-
development expenses, project design, housing constiiiction costs, fi-
nancing, and any other expenses related to the development and con-
struction of such housing. This exemption applies only to actions taken
by the Depariinent of Housing and Community Development, and shall
not relieve any other public agency, when applying for such financial as-
sistance from the Department, from its responsibility lo comply with the
provisions of CEQA.
(b) The provisions of CEQA shall apply to actions taken by the Depart-
ment to provide loans and grants pursuant to its programs if the project
which is the subject of the application for financial assistance will not be
subject to environmental review pursuant to CEQA by another public
agency and if the project is not otherwise exempt from CEQA review by
the Department. The Department shall become Lead Agency and take re-
sponsibility for preparation of environmental documents only when no
other public agency must prepare such documents prior to construction
of the housing.
NOTl:; Authorilv cited; Section 21082. Public Resources Code. Reference: Title
14. CAC. Section 150.'S0; and Section 21080.10(b). Public Resources Code.
History
I. Renumbering of Section 6980 to Section 6981 and new Section 6980 tiled
5-5-82; designated effective 6-2-82 pursuant to Government Code Section
1 1 346.2(d) (Register 82. No. 19).
§ 6981. Division of Research and Policy Development.
(a) The following activities are not projects:
( 1 ) Study and evaluation of housing market conditions, the housing in-
dustry, public and private housing programs, etc.
(2) Training
(3) Technical assistance
(4) Public Information and service
(5) Review of activities, applications, etc., where HCD is not the fund-
ing agency
(6) Legislative analyses and proposals.
(b) The following activities are statutorily-exempt from CEQA:
( I ) Feasibility and planning studies for possible future actions which
have not been approved, adopted or funded. This includes the Statewide
Housing Plan prior to adoption by the Legislature. Such studies should
give consideration to environmental effects.
(c) The following activities are categorically exempt from CEQ.A:
f I ) Data collection and research.
Noni- Aiithoritv cited; Section 21082, Public Resources Code. Reference; Title
14. Section 150.50; and Sections 21065 and 21080, Public Resources Code.
History
I . Renumbering of Section 698 1 to Section 6982 and renumbering of former Sec-
tion 6980 toSection 6981 filed 5-5-82; designated effective 6-2-82 pursuant
to Government Code Section 1 1346.2(d) (Register 82. No. 19).
§ 6982. Division of Community Affairs.
(a) The following activities are not projects:
( 1 ) Progratn monitoring and evaluation.
(2) Training,
(3) Technical assistance, including loan packaging assistance,
(4) Inventory of surplus lands.
(5) The Low-income Horne Management Training Program.
(6) Housing Assistance for the Disabled and Elderly,
(7) The Rural/Land Purchase Program,
(8) California Housing Advisory Service.
(9) Loans under the Homeownership Assistance Progratn invoU iiig fi-
nancial assistance to puichasers of shares in existing mobilehome coop-
erative units.
(b) The following activities are statutorily-exempt from CEQA:
( 1 ) Loans and grants related lo disasters and etnergency assistance.
(2) Loans and grants for feasibility and planning studies for possible
future actions that have not been approved, liinded. or adopted. Such stu-
dies include grants and loans made through Division of Community Af-
fairs programs including, e.g.. (i) the Comprehensive Planning Assis-
tance Grant Program, and (ii) feasibility studies for the repair or
replacetnenl of existing water and sewer facilities pursuant to the Retnote
Rural Development Program.
(3) Loans and grants for the construction of housing or neighborht)od
facilities in an urbanized area after considering an EIR previously pre-
pared for a specific plan or a local coastal program if the requirements of
Title 14. Section L5068.6 of the State CEQA Guidelines are met.
(c) The following activities are categorically exempt from CEQA:
(1) Loans and grants for rehabilitation of deteriorated or damaged
housing, minor additions to existing housing and repair and minor alter-
ation of existing infrastructure (Class 1 ) including, such activities funded
under the Deferred Rehabilitation Loan Progratn. Demonstration Hous-
ing Program. Indian Assistance Program, Remote Rural DenK)nstration
Program. Migrant Services Program. Housing Predeveloptnent Loan
Fund, and the Farmworker Housing Grant Program.
(2) Loans and grants for replacement or reconstruction of existing
stmctures and facilities, including utilities (Class 2) e.g.. Solar Loan
Fund, Migrant Services Progratii.
(3) Loans and grants for new construction of lirnited numbers ol' sing-
le-family residences, and apartments, duplexes and similar structures
and new construction of utility extensions of reasonable length to serve
such construction, and accessory stmctures as described in Title 14, Sec-
tion 15103 of the State CEQA Guidelines (Class 3), including, e.g..
Housing Predevelopment Loan Fund, Rental Housing Construction Pro-
gram, Homeownership Assistance Program. Migrant Services Program,
and Farmworker Housing Grant Program.
(4) Loans for the purchase of existing structures where the loan will
not be purcha.sed by financial institutions (Class 10), including, e.g.,
Homeownership Assistance Program.
(5) Loans and grants to public agencies (including housing authorities,
redevelopment agencies) to acquire housing units, either already existing
or with all permit approvals for construction, in order to implement a
Housing Assistance Plan (Class 26).
A notice of exemption must be filed for all categorically exempt activi-
ties.
(d) The following activities require preparation of environmental doc-
uments unless they are exempt under Section 6980(a) or the provisions
above:
(1) Farmworker Housing Grant Program for new construction only.
(2) Housing Predevelopment Loan Fund (urban and rural), for new
construction only.
(3) Remote Rural Demonstration Project, for new construction only.
(4) Rental Housing Constmction Program.
(5) Homeownership Assistance Program.
(6) Indian Assistance Program, for new construction only.
(7) Century Freeway Replacement Housing Progratn.
The Department's CEQA responsibilities for programs within the Di-
vision of Community Affairs will depend on whether it is the Lead
Agency or the Responsible Agency. If another public agency has the
greatest responsibility for carrying out or approving the project, (e.g.. is
the recipient of a grant from HCD) il is the Lead Agency and must prepare
environmental documents. In such case. HCD will have the obligations
Page 293
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§ 6983
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
of a Responsible Agency. Where a private entity is tiie recipient of a loan
or grant from HCD to perform one of the above activities and a local pub-
lic agency does not have the primary responsibility for approving the
project. HCD is Lead Agency and must prepare environmental docu-
ments unless another public agency (e.g., CHFA) has a greater responsi-
bility for carrying out the project.
NOTF-: Authority cited: Section 21082. Public Resources Code. F^eference: Title
14. CAC, Section 15050; and Sections 21065. 21080 and 21080.7. Public Re-
sources Code.
History
1. Renumbering ol Section 6982 to Section 6983 and renumbering and amend-
ment of former Section 698 1 to Section 6982 filed 5-5-82; designated effective
6-2-82 pursuant to Govemmenl Code Section 1 1346.2(d) (R^egisler 82, No.
19).
arc related more to primary consequences than to the project itself (an im-
pact upon the resource base, including land. air. water and energy use of
the area in question may result from the population growth).
(c) Some examples of consequences which may be deemed to be a sig-
nificant effect on the environment are contained in Appendix E.
NOTti: Authoiitv cited: Section 21082, Public Resources Code. Reference: Tide
14. CAC, Section 15050; and Section 21068, Public Resources Code.
History
1 . Amendment of NOTE tiled 5-5-82; designated effective 6-2-82 pursuant to
Government Code Section 1 1346.2(d) (Register 82. No. 19).
§ 6991 . Mandatory Findings of Significance.
A project shall be found to have a significant effect on the environment
§ 6983. Division of Codes and Standards.
(a) The following activities are not projects:
1 1) Employee housing operating permits.
(2) Mobilehome park operating permits,
(3) Mobilehome tilling and registration.
(4) Mobilehome occupational licensing.
(b) The following activities are ministerial and do not require prepara-
tion of environmental documents:
( 1 ) Employee housing construction permits.
(2) Mobilehome park construction permits.
(c) The following activities are categorically exempt:
( I) Inspections, including inspections of factory-built housing, em-
ployee housing, mobilehomes, recreational vehicles, and commercial
coaches (Class 9).
(d) Adoption of or amendments to the State Housing Law and Earth-
quake Regulations which may result in significant adverse effects upon
the environment, shall require preparation of environmental documents.
The Department shall be the Lead Agency with respect to adoption of or
amendments to these regulations. Local Agencies shall be responsible
agencies when adopting the statewide regulations which have been pre-
viously adopted by the Department. Before adopting the statewide regu-
lations, local agencies shall consider the environmental documents, if
any, prepared by the Department as required by the State CEQA Guide-
lines. Local agencies shall conduct an additional environmental analysis,
pursuant to Title 14, CAC, Section 15067of the State CEQA Guidelines,
when making any additional local changes to the statewide regulations.
No TE: Authority cited: Section 21082. Public Resources Code. Reference: Title
14. CAC, Section 15050; and Sections 21080 and 21080.10, Public Resources
Code.
History
1. Renumbering and amendment of Section 6982 to Section 6983 filed 5-5-82;
desisnaled effective 6-2-82 pursuant to Government Code Section 1 1 346.2(d)
(Register 82. No. 19).
Article 6.
Criteria for Decision-Making and
Findings
§ 6990. Determining Significant Effect.
(See Section 6950 for Definition.)
(a) The determination of whether a project may have a significant ef-
fect on the environment calls for careful judgment based on available
data. An ironclad definition of "significant effect" is not possible because
the significance of an activity may vary with the setting. For example, an
activity which may not be significant in an urban area may be significant
in a airal area. Where there is, or there is anticipated to be. a substantial
body of opinion that considers the effect to be adverse, the Lead Agency
should prepare an EIR to explore the environmental effects involved.
(b) In evaluating the significance of the environmental effect of a proj-
ect, the Lead Agency shall consider both primary or direct and secondaiy
or indirect consequences. Primary consequences are immediately related
to the project (the construction of a new treatment plant may facilitate
population growth in a particular area), while secondary consequences
(a) The project has the potential to degrade the quality of the environ-
ment, threaten to eliminate a plant or animal community, reduce the num-
ber oj" a rare or endangered plant or animal or eliminate important exam-
ples of the major periods of California history or prehistory.
(b) The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
(c) The project has possible environmental effects which are individu-
ally limited but cumulatively considerable. As used in this subsection,
"cumulatively considerable" means that the incremental effects of an in-
dividual project are considerable when viewed in connection with the ef-
fects of past projects, the effects of other current projects, and the effects
of probable future projects.
(d) The environmental effects of a project will cause substantial ad-
verse effects on human beings, either directly or indirectly.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Title
14. CAC, Section 15050; and Section 21068, Public Resources Code.
History
1. Amendment of NOTE filed 5-5-82; designated effective 6-2-82 pursuant to
Govemmenl Code Section 1 1346.2(d) (Register 82, No. 19).
§ 6992. Decision to Prepare an EIR.
(a) An EIR must be prepared if an Initial Study establishes that the
project may have a significant effect on the environment.
(b) An EIR shall be prepared whenever it can be fairly argued on the
basis of substantial evidence that the project may have a significant effect
on the environment.
(c) An EIR shall be prepared when there is serious pubhc controversy
concerning the environmental effect of a project. Controversy not related
to an environmental issue does not require the preparation of an EIR.
NOTE: Authority cited: Section 21082. Public Resources Code. Reference: Title
14. CAC, Section 1 5050; Section 21 100, Public Resources Code; and No Oil, Inc.
v. City ofLos Angeles, 1974 13 Cal.3d 68.
History
1. Amendment of subsections (b) and (c) filed 5-.5-82; designated effective
6-2-82 pursuant to Goveminent Code Section 1 1346.2(d) (Register 82, No.
19).
§ 6993. Findings of Significant Environmental Effects.
(a) The Department shall not approve or carry out a project for which
an environmental impact report has been completed which identifies one
or more significant effects of the project unless it makes one or more of
the following written findings for each of those significant effects, ac-
companied by a statement of the facts supporting each finding.
( 1 ) Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental effects
thereof as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and juris-
diction of another public agency and not the Department. Such changes
have been adopted by such other agency or can and should be adopted
by such other agency.
(3) Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by sub-
stantial evidence in the record.
Page 294
(4-1-90)
Title 25
Program Operations
i> 699S
(c) The finding in siihseclion (a) (2) shall nol be made it" the agency
making the finding has concuneni JLirisdiclion with another agency to
deal with identified mitigation measures or alternatives.
(d) A public agency shall not approve or carry out a project as proposed
unless the significant environmental effects have been reduced to an ac-
cepiable level.
(e) As used in this section, the term "acceptable level'" means that all
significant environmental effects thai can feasibly be avoided have been
eliminated or substantially lessened as determined through findings as
described in subsection (a), and any remaining, imavoidable significant
effects have been found acceptable under Section 6994.
Non : Aiiihoritv cited: .Seclion 21082. Public Resources Code. Reference: Title
14. .Section l.^O.SO: and Seclion 21 100. Public Resources Code.
Hl.StORY
1. Amendment of NOTF Hied 5-.'>-82: designated effective 6-2-S2 pursuant to
Government Code Section 1 1.^46. 2(d) (Register S2. No. 19).
§ 6994. Statement of Overriding Considerations.
The benefits of a proposed project must be weighed against its un-
avoidable environmental efi'ects in delermining whether to approve it.
Where the department allows the occurrence of significant environmen-
tal effects which are identified in the final EIR but are not mitigated, it
musl slate in writing the reasons to support its action based on the final
EIR and/or other information in the record. The Statement shall be in-
cluded in the record of the project approval and mentioned in the Notice
of Determination.
Noth: AuthoiHty cited: Section 21082. Public Resources Code. Reference: Title
14. CAC. Section LSO.SO; Section 21100. Public Resources Code: and San
Francisco Fcoloey Center v. Citv and County of San Francisco. 1975 48
Cal.App.3d .584. "
History
1. Amendment Hied .5-5-82: designated effective 6-2-82 pursuant to Govem-
menl Code .Section 1 1.^46.2(d) (Resiister 82. No. 19).
Article 7.
Contents of Environmental
Documents
§ 6995. Initial Study (IS).
(a) An IS is prepared for a project not exempt from CEQA to determine
if it may have a significant effect on the environment and therefore that
an EIR is required. It provides a factual basis for the finding in a Negative
Declaration and enables the Lead Agency to tnodify the project, mitigat-
ing adverse impacts, before an EIR is written. The IS can also help to fo-
cus an EIR on the significant effects of a project. All phases of project
planning, implementation and operation must be considered in the IS.
(b) Contents of an IS shall include:
( 1 ) Description of project including location.
(2) Identification of environmental setting.
O) Identification of environmental effects (use check list. Appen-
dix F).
(4) Discussion of ways to mitigate significant effect identified.
(5 ) Examination ol' whether project is compatible with existing zoning
and plans.
(6) Name of person(s) who prepared IS.
(Forms F and G meet the requirements above for an Initial Study.)
(c) If the project is to be carried out privately, the Department shall re-
quire the person or organization to submit appropriate data and informa-
tion.
NOTE: Authority cited: Section 2 1082, Public Resources Code. Reference: Title
14. CAC, Section 15050: and Section 21 100. Public Resources Code.
History
1 . Amendment of subsection (c) filed 5-5-K2: designated effective 6-2-82 pur-
suant to Government Code Section 1 1346.2(d) (Register 82, No. 19),
§ 6996. Negative Dec/aration.
(a) A Negative Declaration shall be prepared for a project which could
have a potentially significant effect on the environment, but which the
Lead Agency finds on the basis of an initial Study will nol have a signifi-
cant effect on the environment.
(b) Contents of a Negative Declaration shall include:
(1) A brief description ol" the project, including a commonly used
name for the project, if any.
(2) The location of the project and the name of the project proponent.
(3) A linding that the project will nol have a significant effect on the
environment.
(4) An attached copy of the Initial Study documenting reasons to sup-
port the finding.
(5) Mitigation measures, if any. included in the project to avoid poten-
tially significant effects.
NOTE; Authority cited: Section 21082. Public Resources Code. Reference: Title
14. CAC. Seclion 150,50: and Seclion 2108()(c). Public Resources Code.
HiSlORY
1. Amendment of NOTF filed .5-5-82; designated elTcctivc 6-2-82 pursuant to
Govcnijiienl Code Section ! 1.^6. 2(d) (Register 82. No. 19),
§ 6997. Notice of Determination.
(a) After making a decision to carry out or approve a project for which
a Negative Declaration has been prepared, the Lead Agency shall file a
Notice of Determination (see Appendix B).
(b) Contents of a Notice of Determination shall include:
(1 ) An identification of the project including name and location,
(2) A brief description of the project.
(.^) The dale on which the agency approved the project.
(4) The determination of the agency that the project will not have a sig-
nificant effect on the environment.
(5) A statement that a Negative Declaration has been prepared pur-
suant to the provisions of CEQA.
(6) The address where a copy of the ND may be examined.
(c) HCD shall file the Notice of Determination with the Secretary of
Resources.
NOTE; Authoritv cited: Section 21082, Public Resources Code, Reference: Title
14, CAC, Section 15050: and Section 21 108. Public Resources Code,
History
1. Amendment of NOTE filed 5-5-82: designated effective 6-2-82 pursuant to
Government Code Section 1 1346.2(d) (Register 82, No, 19),
§ 6998. Environmental Impact Report.
(a) Decision to prepare an EIR (see Section 6992).
(b) General. (See Article 9, State EIR Guidelines.) The EIR shall dis-
cuss environmental effects in proportion to their severity and probability
of occurrence. A systematic inter-disciplinary approach should be
applied. Each report shall contain a brief summary of the proposed ac-
tions and its consequences in language sufficiently simple that the issues
can be understood by a layperson.
(c) Form. Not more than one EIR shall be prepared in connection with
the same underlying activity. The EIR may be prepared as a separate doc-
ument or as a portion of a project report. If prepared in the latter form, it
musl contain in one separate and distinguishable section the elements re-
quired of an EIR in subdivision (d). A single EIR may be used to describe
more than one project, if such projects are essentially the same in terms
of environmental impact. Further, the Lead Agency may use an earlier
EIR prepared in connection with an earlier project to apply to a later proj-
ect, if the circumstances of the projects are essentially the same.
(d) Contents. The following elements, which are considered in detail
in Article 9 in the State EIR Guidelines, must be included in an EIR:
( 1 ) Description of project
(2) Description of environmental setting
(3) Environmental impact
(A) The significant environmental effects of the proposed project
(B) Any significant environmental effects which cannot he avoided if
the proposal is implemented
(C) Mitigation measures proposed to minimize the significani effects
(D) Alternatives to the proposed action
(E) The relationship between local short-term uses of man's environ-
ment and the maintenance and enhancement of long-term productivity
Page 295
(4-1-90)
§6999
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(F) Any significant environmenlal changes which would be involved
in liie proposed action should it be implemented
(G) The growth-inducing impact of the proposed action
(4) Effects found not to be significant
(5) Organizations and persons consulted.
NOTE: Authoriiy cited: Section 21082. Public Resources Code. Reference: Title
14, CAC, Section 150.^0: and Section 21061. Public Resources Code.
History
1. Amcndmenl of subsection (b) filed .'S-.'S-82: designated effective 6-2-82 pur-
suant to Government Code Section 1 1 ."^46. 2(d) (Register 82. No. 19).
§ 6999. CEQA Forms, Appendices A-G.
Noie: Given the detailed forms contained in these regulations, which are other-
wise available to the public or which are of limited and particular application, the
Department of Housing and Community Development requests that these regula-
tions not be set forth in full in the California Administrative Code, but that appro-
priate reference be made therein pursuant to Government Code Section 1 1 409(a).
The regulations are available to the public for review or purchase at
cost at the following locations:
PUBLICATIONS oriici-;
DHi'Ak rMLNT or ii<)i:siN(; and community di-:vi:;i,()pmi:nt
921 TL:NTH STI^LTT. ROOjM 102
SACRAMliNTO. lA V.SX14
AKCHIVFIS
si.ckiTARY or STATi:
1020 -D" STKI-in
SACRAMHNTO. CA 95HI4
The forins contained in Subchapter 3, California Environmental Qual-
ity Act. of Chapter 6.5, Title 25, Part I. are entitled:
Appendix A — Federal Grant Application/Award Notification
Appendix B — Notice of Determination
Appendix C — Notice of Exemption
Appendix D — Notice of Preparation
Appendix E — Significant Effects
Appendix F — Environmenlal Checklist FortTi
Appendix G — Environmenlal Information ForiTi
NOTE: Authority cited: Section 21082. Pubhc Resources Code. Reference: Title
14, CAC. Section 150.S0; and Section 21082. Public Resources Code.
History
1. Aniendmeni filed ."^-5-82; designated effective 6-2-82 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 82, No. 19).
Page 296
(4-1-90)
^L
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 1. Housing and Community Development
Chapter 7. Department of Housing and Community Development Programs
Vol. 33
THOIVISOISI
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
Department of Housing and Community Development Programs
Table of Contents
Chapter 7. Department of Housing and Community Development Programs
Table of Contents
Page
Page
Subchaplcr 1.5.
Article I.
S 7030.
§ 703 1 .
Article 2.
§ 703 .-S.
§ 7036.
§ 7037.
ij 703 S.
Subchapter 1. Predevelopmcnt Loan
Funds 297
5 7000. General.
S 7002. DeCinitions.
S 7003. Spon.sor Hligibility.
vi 7004. Piojcct Kligibiliiv.
Jj 7()0.S. Uses of Funds.
S 7006. Rates and Terms.
S 7008. Speeial Conditions.
>! 7010. Disbursements lor Unspeeit'ied
Sites.
S 7012. Proeessing Applieations.
^ 7014. Priorities in Use ol Funds.
S 7016. Loan Termination.
S 7018. Reeonsideration Procedure.
California Low-Income
Home Management Training
Program 301
Authority and Purpose 301
Authority.
Purpose.
Guidehnes for Awarding
Grants 301
Application.
Scope.
Amount of Grants and Funding
Period.
Restrictions on the Use ol' Grant
Funds.
Eligible Sponsors.
Conditions of Grant Awards.
Priorities in Awarding Gnuits.
Submission of Grant Proposals.
Required Proposal Information.
Administration of Grants and
Reporting Requirements.
Technical Assistance.
State Community
Development Block Grant
Program .303
General 303
General.
Primary Objectives.
Dellnilions.
Application Process 304
Application and Funding
Requirements.
Eligible Activities.
Eligible Applicants.
Special Allocation for Native
American Indian Communities.
ij 7062.1 . Special Allocation for Economic
Development.
§ 7062.2. Special .lobs Bill Provisions.
i^ 7062.3. Special 108 Loan Guaranty Pledges.
>i 7062.4. Use of Un-allocated Colonia Funds.
§ 7062.5. Special Allocation for Disaster
Assistance.
>j 7064. Grant Funding.
^ 7065. Emergency Program Amendments.
§ 7065.5. Emergency Disaster Assistance.
^ 7039
S 7040
§ 7041
^ 7042
§ 7043
S 7044
S 7045
s
ubchapter 2.
Article
1.
S 7050
5 7052
J^ 7054
Article
1
§ 7056
§ 7058
^ 7060
S 7062
§ 7066.
Procedure for Conliniialion of
Funding.
§ 7068.
Administrative Cost Liniitatii)n.
J5 7070.
Contents of the Application.
§ 7072.
Submission of General Allocation
and Nati\e American Applicalions.
J? 7074.
Prelinunary Review of
Applications.
i^ 7076.
Awiud of Funds.
§ 7078.
Evaluation Criteria.
§7078.1.
Poveily Index ( 100 points).
§ 7078.2.
Targetetl Income Group Bcnellt
(300 points).
§ 7078.3.
Need lor Activity (200 pt)ints(.
§ 7078.4.
Prior Performance Operating CDHG
Grams (150 points).
i^ 7078.5.
Capacity ( 150 points).
§ 7078.6.
Leverage (50 points).
§ 7078.7.
State Objectives (50 points).
Article 3.
Other Program Requirements
§ 7080.
Citizen Participation.
§ 7082.
Environmental Reviews.
§ 7084.
Nondiscrimination.
§ 7086.
Relocation and Acquisition.
§ 7088.
Labor Standards.
§ 7090.
Architectural Harriers Act of 1968.
§ 7092.
Hatch Act.
§ 7094.
Lead-based Paint Poisoning
Prevention Act.
§ 7096.
Use of Debaned. Suspended, or
Ifieligible Contractors or
Subrecipients.
Article 4.
Grant Administration
§ 7098.
Cash I^epositories.
§7100.
Bonding.
§7102.
Retention and Custodial
Requiremcnfs for Records.
§7104.
Program Income.
§ 7106.
Standards for Grantee Financial
Management Systems.
§ 7108.
Financial Repotling Requirements.
§ 7110.
Monitonng and Repoiling ol
Program Performance.
§7112.
Grant Payment Requirements.
§ 7114.
Revision Procedures.
§7116.
Gram Closeoul Procedures.
§7118.
Property Management Standards.
§ 7120.
Procurement Standards.
§7122.
Audit Requirements.
§ 7124.
Lump Sum Drawdown for Propeily
Rehabilitation Financing.
§7126.
Conllict of Interest.
Subchapter 3.
Article 1.
§ 7200.
§7201.
§ 7202.
Article 2.
§ 7204.
§ 7205.
§7205.1.
316
Farmworker Housing Grant
Program
319
General 319
Purpose and Scope.
Uniform Multilamily Underwriting
and Program Rules.
Definitions.
Program Requirements 320
Project Eligibility Requirements.
Applicant Eligibility Requireinents.
Limited Partnership Eligibility
Requirements.
Page
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
§ 72(),S.2. Nonprofit Corporation Eligibility
Requirements.
§ 7205.3. Agricultural Employee Eligibility
Requirements.
§ 7206. Eligible Activities.
§ 7207. Site Control Requirements.
§ 7208. General Requirements.
§ 7209. Minimum Number of Assisted Units
and Aftordability.
§ 7209.5. Eligible Expenditures.
§7210. Site and Design Criteria.
§ 721 1 . Loan Terms and Requirements.
§ 7212. Priorities in Use of Funds.
§ 7214. Grant Committee. [Repealed]
Article 3. Application Procedure 324
§7215. Application Process.
§ 7216. Application Process. [Repealed]
§ 7217. Contents of Applications.
§ 7218. Contents of Grant Applications.
[Renumbered]
§ 7220. Grant or Loan Cancellation.
Article 4. Program Operations 326
§ 7222. Environmental Clearances.
§ 7224. Coordination with Federal
Agencies.
§ 7225. Standard Agreement.
§ 7226. Grant Agreement.
§ 7228. Conveyance of the Housing
Development.
§ 7230. Subordination.
§ 7231. Regulatory Agreement.
§ 7232. Disbursements.
§ 7234. Operation of Rental Housing
Developments.
§ 7236. Termination of Grant Agreement.
§ 7238. Disposition of Recaptured Grant
Funds.
§ 7239. Uniform Multifamily Underwriting
and Program Rules. [Renumbered]
Subchapter 3.5. Farm Labor Housing
Rehabilitation Loan
Program 326.3
Article 1 . General 326.3
§ 7270. Definitions.
Article 2. Program Requirements 326.3
§ 7272. Criteria for Eligibility.
§ 7274. Eligible Use of Funds.
§ 7275. Security.
§ 7276. Term.
§ 7278. Loans in Excess of S200,000.
§ 7280. Interest Rate.
§ 7282. Loan Repayment.
Article 3. Application and Funding
Procedures 326.3
§ 7284. Application Requirements.
§ 7286. Application Process.
§ 7288. Project Selection.
Article 4. Program Operations 326.3
§ 7290. Legal Documents.
§ 7292. Disbursement of Loan Funds.
§ 7294. Amendment to Agreements.
§7296. Termination of Agreements.
Subchapter 4. Multifamily Housing
Program 326.4
Article 1 . General 326.4
§ 7300. Purpose and Scope.
§ 7300.1. Uniform Multifamily Underwriting
and Program Rules.
§7301. Definitions.
Article 2.
Program Requirements 327
§ 7302.
Eligible Project.
§ 7303.
Eligible Spon.sor.
§ 7304.
Eligible Uses of Funds.
§ 7305.
[Reserved].
§ 7306.
Type and Term of Loan.
§ 7307.
Maximum Loan Amounts.
§ 7308.
Interest Rate and Loan Repayments.
§ 7309.
Appraisal and Market Study
Requirements.
§7310.
[Reserved].
§7311.
Over-Income Households.
§7312.
Rent Standards.
§ 7313.
[Reserved].
§7314.
Limits on Design Features.
§7315.
Relocation Requirements.
§7316.
Consti-uction Requirements.
Article 3.
Application Procedures 332
§7317.
Application Process.
§7318.
Application Requirements.
§7319.
[Reserved].
§ 7320.
Project Selection.
Article 4.
Program Operations 335
§7321.
Legal Documents.
§ 7322.
Sales, Transfers, and
Encumbrances.
§ 7323.
Defaults and Loan Cancellations.
§ 7324.
Management and Maintenance.
§ 7325.
Reporting.
§ 7326.
Operating Budget.
Article 5.
Rent Write-Down Loans 337
§ 7327.
General.
§ 7328.
[Reserved].
§ 7329.
Eligibility for RWD Loans.
§ 7330.
Amounts and Terms for RWD
Loans.
§7331.
Occupancy and Rent Requirements
§ 7332.
Application Process.
§ 7333.
Legal Documents.
§ 7334.
Sales, Transfers, Encumbrances,
Defaults, and Cancellafions.
§ 7335.
Management and Maintenance.
§ 7336.
Reporting.
Article 6.
Supportive Housing Loans 338.1
§ 7340.
General.
§ 734L
Definitions.
§ 7342.
Eligible Project.
§ 7343.
Eligible Sponsor
§ 7344.
Application Requirements.
§ 7345.
Supportive Services Plan.
§ 7346.
Application Point Scoring.
§ 7347.
Reporting Requirements.
Subchapter 5.
Deferred-Payment
Rehabilitation Loans 338.3
§ 7400.
General.
§ 7402.
Definitions.
§ 7404.
Eligibility Criteria.
§ 7406.
Loan Limits.
§ 7408.
Rates and Terms.
§ 7410.
Conditions of Fund Commitments to
Local Entities.
§7412.
Conditions of Loans to Borrowers.
§7414.
Authorized Expenses.
§7415.
Grants for Administrafive Costs.
§7416,
Tenancy Standards and Procedures.
§7418.
Loan CoiTunittee.
§ 7420.
Review of Applicafions for Fund
Commitments.
§ 7422.
Application Process.
§ 7424.
Department Review of Local
Activities.
§ 7426.
Appeals Procedure.
§ 7428.
Disbursement of Funds.
§ 7430.
Cancellation of Commitments.
Page ii
Title 25
Department of Housing and Community Development Programs
Table of Contents
§ 7432.
§ 7434,
§ 7436.
S 7438.
Subchapter 5.5.
§ 7430.
§ 7432.
§ 7434.
§ 7436.
§ 7438.
i^ 7460.
§ 7462.
§ 7464.
§ 7466.
§ 7470.
S 7472.
§ 7474.
§ 7476.
i^ 7478.
§ 7480,
Subchapter 6.
Article 1.
§ 7300.
§ 7.302.
§ 7304.
Article 2.
§ 7306.
Article ?>.
§ 7308.
§7310.
§7312.
§ 7314.
§7316.
§7318.
§ 7320.
§ 7322.
§ 7324,
§ 7326.
Subchapter 6.5.
Article 1 .
§ 7330.
§ 7332.
Article 2.
§ 7.340.
§ 7342.
§ 7344.
Article 3.
§ 7330.
§ 7332.
§ 73.34.
§ 7336.
Article 4.
§ 7.360.
§ 7362.
Page
Defaults. Tianslcis and
Assumptions.
Disposition oi Rccapiuifd Funds.
Technical Assistance.
Displacement and Relocation.
Special User Housing
Rehabilitation Program 343
Scope and Autiiorily.
Definitions.
t^ligibie Use ot Funds.
Authorized hxpenses.
Fligibilily ol Sponsors.
Loan Limits. Rates and Terms.
l^egulatory Agreement.
Loan Closing. Secinity. and
Disbursements.
Tenancy Standards and Procedures.
Departmental Review of
Rehabilitation and Operations.
Detaults, Transfers and Loan
Cancellation.
Application Process.
Loan Committee Review and
Action.
Funding Priorities and Loan
Distribution Policies.
Appeals Procedure.
Housing Advisory Service .349
Purpose. Authority and
Policy 349
Purpose.
Authority.
Policy.
Definitions 330
Definitions.
Awarding of Grants 330
Awarding of Grants.
Eligible Sponsors.
Priorities in Awarding Grants.
Amount of Grants.
Funding Period.
Restrictions on Use of Grants.
Submission of Grant Proposals.
Request for Proposal Information.
Administration of Grants and
Reporting Requirements.
Flvaluation of Grantees,
California Self-Help
Housing Program 330
General 330
Purpose and Scope,
Definitions,
Application Process 331
Application Process,
Evaluation Criteria.
ConditionaJ Commiimenl.
Technical Assistance Grants 332
Technical Assistance Grants.
Amount and Term of Grants.
Technical Assistance Standard
Agreement (TASA).
Disbursement of Funds.
Mortgage Assistance: General
Provisions 333
Eligible Uses of Funds.
Amount and Terms of Mortgage
Assistance.
§ 7364.
Article 5.
§ 7370.
§ 7372.
§ 7374.
§ 7376.
§ 7378.
Article 6.
§ 7380.
§ 7382.
§ 7384,
Subchapter 7.
Article
§ 7600.
§7601.
§ 7602.
Article
: 2.
§7610.
§7611.
§7612.
§7613.
§ 7614.
§7613.
§7616.
Article
3.
§ 7620.
§7621.
§ 7622.
§ 7623.
§ 7624.
Article 4.
§ 7630.
§ 763 1 .
§ 7632.
§ 7633.
§ 7634.
§ 7633.
§ 7636.
§ 7637.
§ 7638.
§ 7639.
§ 7640.
§7641.
§ 7642.
§ 7643.
§ 7644.
§ 7643.
§ 7646.
Article 5.
§ 7650.
§7631.
§ 7632,
§ 7633.
Page
Mortgage Assistance Standard
Agreement,
Deferred Payment Loans and
Other Forms of Mortgage
Assistance 1^3
Household Eligibility and Amount
of Loans,
Terms and Conditions of Deferred
Payment Loans to l^loirsehoids.
Resale and Loan Assumption.
Terms and Conditions of Delericd
Payment Loans lor Cot)pcra!ives or
Rental Sponsors.
Mortgage Subsidy Assistance.
Devek)pment Assistance 333
Development Assistance tJnder the
Mortgage Assistance Standard
Agreement.
Eligible Uses of Funds.
Terms and Conditions of
Development Assistance.
Office of Migrant
Services 336
General 336
Authonty and Purpose.
Federal Law and Regulations.
Definitions.
Admissions ^37
Eligibility for Admission.
Admission Priorities.
Occupancy Standards.
Application and Admission
Requirements.
Verification.
Notification to Applicants,
tixecution and Amendment of
Dwelling Lease.
Lease 338
Local Rules and Regulations.
Rents.
Replacement Charges.
Ixase.
Resident's Handbook.
Complaint and Grievance
Procedure 362
(Zomplaint and Grievance.
Bilingual Procedures.
Presentation of Grievance.
Suinmary of I^iscussion.
Request for Hearing.
Selection of Hearing Officer or
Panel.
Scheduling of Hearing.
13ue Process Hearing.
Non- Appearance.
Hearing Procedure. Evidence and
Transcript.
Hearing Decision.
Effect of Decision and Right to Trial
De Novo.
tiviction Actions.
File of Decisions.
inegularities; Agreements.
Resident's Right to Trial De Novo
and Judicial Review.
inapplicability of Procedure.
Rent Raises 364
llent Schedule.
Rent Raises.
Requirements.
Special Rent Increases.
Page iii
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 6.
§ 7660.
§7661.
§ 7662.
§ 766.\
§ 7664.
§ 766.5.
Subchapter 8.
Article 1.
§ 7670.
§7671.
Article 2.
§ 7672.
§ 7673.
§ 7674.
§ 7675.
§ 7676.
§ 7677.
§ 7678.
§ 7679.
§ 7680.
§7681.
§ 7682.
§ 7683.
§ 7684.
§ 7685.
§ 7686.
Article 3.
§ 7687.
§ 7688.
§ 7689.
Article 4.
§ 7690.
§7691.
§ 7692.
§ 7693.
§ 7694.
§ 7695.
§ 7696.
§7697.
§ 7700.
§ 7702.
§ 7704.
§ 7706.
§ 7708.
§7710.
§7712.
§7714.
§ 7714.5.
Subchapter 9.
Article
§7715.
§7716.
Article 2.
§7717.
§7718.
§7719.
§ 7720.
§7721.
Page
Contractor Responsibilities 364.2
Contractor Responsibilities.
Contracts.
Maintenance.
Records.
Resident Council.
Alterations to Migrant Centers.
California Housing
Rehabilitation Program 364.2
General 364.2
Purpose and Scope.
Definitions.
Program Requirements 366
Eligible Project.
Eligible Sponsor.
Eligible Uses of Funds.
Seismic Rehabilitation
Improvements.
Term of Loan.
Maximum Loan Amounts.
Interest Rate and Loan Repayments.
Loan-to- Value Limits.
Administrative Expenses.
Occupancy Requirements.
Tenancy Standards.
Rent Standards.
Limits on Distributions.
Relocation Requirements.
Construction Requirements.
Application for Funding
Procedures 374
Application Process.
Application Requirements.
Project Selection.
Program Operations 384
Legal Documents.
Disbursement of Loan Funds.
Sales, Transfers, and
Encumbrances.
Defaults and Loan Cancellations.
Management and Maintenance.
Reporting and Inspections.
Operating Budget.
Residual Receipts Account.
Introduction.
Definitions.
Program Requirements.
Loan Requirements.
Disbursements for Specified Sites.
Disbursements for Unspecified
Sites.
Reports and Term.
Termination and Repayment.
Application Review.
CalHome Program
Requirements 391
General 391
Purpose and Scope.
Definitions.
General Program
Requirements 393
General Applicant Eligibility
Requirements.
Eligible Activities.
Eligible and Ineligible Uses of
Funds.
Eligible Households.
Local Program/Project
Administration.
Page
§ 7722.
Homebuyer Education
Requirements.
§ 7752.
§ 7753.
§ 7754.
§ 7755.
§ 7756.
Subchapter 10.
Article 1.
§ 7800.
§7801.
§ 7802.
§ 7804.
§ 7723.
Loan Servicing Requirements.
§ 7724.
Reuse Account.
Article 3.
Homeowner/Homebuyer Loan
Requirements
. . 394
§ 7725,
Maximum Homeowner/Homebuyer
Loan Amounts.
§ 7726.
Homeowner/Homebuyer Loan
Terms.
§ 7727.
Homeowner/Homebuyer
Loan-to- Value Limits.
Article 4.
Mortgage Assistance
Programs
394.1
§ 7728.
Eligibility Requirements.
§ 7729.
Ehgible Costs.
§ 7730.
Local Program Administration
Responsibilities.
§7731.
Mortgage Assistance Underwriting
Requirements.
Article 5.
Owner-Occupied
Rehabilitation Programs
394.2
§ 7732.
Eligibility Requirements.
§ 7733.
Ehgible Costs.
§ 7734.
Local Program Administration
Requirements.
§ 7735.
Underwriting and Construction
Requirements.
Article 6.
Self-Help Technical
Assistance Projects
394.3
§ 7736.
Eligibility Requirements.
§ 7737.
Eligible Costs.
§ 7738.
Self-Help Technical Assistance
Requirements.
Article 7.
Shared Housing Programs
394.3
§ 7739.
Eligibility Requirements.
§ 7740.
Eligible Costs.
§7741.
Program Administration
Requirements.
Article 8.
Development Loan
Requirements
394.4
§ 7742.
Eligibility Requirements.
§ 7743.
Eligible Costs.
§ 7744.
Site Control.
§ 7745.
Maxiinum Development Loan
Amount.
§ 7746.
Development Loan Terms.
§ 7747.
Development Loan-to- Value
Limits.
§ 7748.
Development Requirements.
Article 9.
Application Procedures
394.5
§ 7749.
Application Process.
§ 7750.
Application Requirements.
§7751.
Selection Criteria.
Article 10.
Program Operations
394.6
Legal Documents.
Disbursement of Grant and Loan
Funds.
Reporting Requirements.
Performance Goals.
Defaults and Loan Cancellations.
Rental Housing
Construction Program
General
Scope and Application.
Severability.
Definitions.
Priorities.
394.8
394.8
•
Page
(7-11-2008)
Title 25
Department of Housing and Community Development Programs
Table of Contents
Page
Page
§ 7806.
CalcLiliition of AlTordaliic Rents.
S 7808.
Coiiiponcnl Accounts.
Article
2
S78IO.
Proiiram Requirements ."
tiligibilitv of Sponsors.
§7812.
tiligiblc Projects.
§7814.
Relocation Assistance.
§ 78 1 6.
Program Rec|uirements.
§7818.
Assistance Payment hmlbrcement.
Ariiclc
->
Development Standards .•
§ 7820.
Hligibilitv of Loan Finance Hniiiies.
§ 7822.
Contracts and Agreements.
§ 7824.
Development Standards and Costs.
§ 7826.
Site Selection Criteria.
Article
4.
Application Procedure and
§ 78.^0.
Review .'
Prerequisites of Applications.
§ 78.^2.
Applications lor Development
Pa V mem.
§ 78.^4.
Applications lor Annuity Kinds.
§ 78.^6.
Applications for Management
;96
§7838.
§ 7840.
§ 7842.
§ 7844.
•
i97
§ 7912.
Proizram ot Assistance.
§ 7914.
Contracts and Agreements.
Article 3.
Apolication Procedures
§7916.
Contents of Applications.
§7918.
Stall Review of Applications.
§ 7920.
Comnnttee Review of Applications
and Other Matters.
§ 7922.
Appeals.
Article 4.
Pr
oiiram Operation
41.-S
99
§ 7924
§ 7926
§ 7928
§ 7930
§ 79.12
§ 7934
§ 7936
§ 7938
Subchapter 12.
Reserve Funds.
Applications tor Feasibility Account
Funds.
Statr Review of Applications.
Committee Review ol Applications
and Ottier Matters.
Action by the Director and
Applicant Request lor
Reconsideration.
§ 7846.
Disbursements.
Article 5.
Operations
. 402
§ 7850.
Reponing.
§ 7852.
Contract and Agreement
Amendments.
§ 7854.
Tenant Occupancy Standards.
§ 7856.
Tenant Selection Procedures,
§ 7858.
Lease and Occupancy Procedures.
§ 7860.
Termination and Eviction.
§ 7862.
Appeal and Grievance Procedures.
§ 7864.
Rent Increase Procedures.
§ 7866.
Return on Investment.
§ 7868.
Maintenance and Management.
§ 7870.
Transfer. Foreclosure. Breach, or
Termination of Assistance.
Article 6.
CHFA Developments
. 406
§7871.
Committee Advice and Actions.
§ 7872.
Site Selection.
§ 7874.
Development Standards and Costs.
§ 7876.
Interagency Operating Agreement.
§ 7878.
Application Procedure.
§ 7880.
Financing.
§7882.
Contracts and Agreements.
§ 7884.
Reporting.
§ 7886.
Tenant Selection and Occupancy
Standards and Procedures.
§ 7888.
Rent Adjustment Procedures.
§ 7890.
Retum on Investment.
§ 7892.
Transfer, Foreclosure. Breach, or
Termination of Assistance.
ubchapler 1 1 .
Homeownership Assistance
Program
. 410
Article 1.
General
. 410
§ 7950.
§ 795 1 .
§ 7952.
§ 7953.
§ 7954.
§ 7955.
§ 7956.
§ 7957.
§ 7958.
§ 7959.
§ 7960.
§7961.
§ 7962.
§ 7963.
§ 7964.
§ 7965.
§ 7966.
§ 7967.
§ 7968.
§ 7969.
§ 7970.
§7971.
§ 7972.
§ 7973.
§ 7974.
§ 7975.
§ 7900.
Scope and Authority.
§ 7902.
Definitions.
Artie
e2.
Program Requirements
§ 7904.
Elieible Use of Funds.
§ 7906.
Eligible Applicants.
§ 7908.
Need for Assistance.
§7910.
Certification of Program
Participants.
§ 7976.
Subchapter 13.
Article 1 .
§ 8000.
§ 8002.
Article 2.
§ 8004.
§ 8006.
§ 8008.
§8010.
420
Aniouni of Assistance.
Improvements.
Partial Repayment.
Determination t)f Fair Market Value.
Maximum Purchase Prices.
Affirmative Marketing Plan.
Recertificalion of Eligibility.
Foreclosure.
Emergency Housing and
Assistance Program
Definitions.
Program Organization and
AdministratitMi.
Designated Local Board.
Local Board Designation Process.
Responsible Technical Entity.
Local Emergency Shelter Slratcgv.
Local Emergency Shelter Strategy
Preparation. Review and Approval
Process.
Allocation and Distribution of
Funds.
Notices of Funding Availability.
Eligibility Requirements for
Applicants and Grantees.
Eligible Application.
Eligible Use of Funds.
Ineligible Use of Funds.
Operating Facility Grants.
Residential Rental Assistance.
Leasing or Renting Rooms with
Vouchers.
Capital Development Grants.
Grant Selection Process.
Appeal Process.
Confirmation Process for Initial
Grant Selections of a Designated
Local Board.
Grantee Contract Requirements.
Procedures and Requirements for
Procuring Contracts for Services or
Materials Under a Capital
Development Grant.
Requirements for Construction.
Conversion or l^ehabilitation
Performed by the Grantee.
tiudget Changes.
Disbursement Procedures.
Monitoring Grant Activities and
Closing-out Grants.
Performance Evaluation of a
Designated Local Board.
Mobile Home Park Resident
Ownership Program 424.10
General 424.10
Scope and Authority.
Definitions.
Program Requirements 425
General Provisions.
Conversion Loans.
Blanket Loans.
Individual Loans.
Page V
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Page
Page
Article 3.
§8012.
§8014.
§8016.
Article 4.
§ 8018.
§ 8020.
§ 8022.
§ 8024.
§ 8026.
§ 8028.
§ 8030,
§ 8032.
Subchapter 14.
Article 1.
§ 8040.
§8041.
Article 2.
§ 8042.
§ 8043.
§8044.
§ 8045.
§ 8046.
Article 3.
§ 8047.
§ 8048.
§ 8049.
§ 8050.
§8051.
§ 8052.
Article 4.
§ 8053.
§ 8054.
§ 8055.
Article 5.
§ 8056.
§ 8057.
§ 8058.
§ 8059.
§ 8060.
§8061.
§ 8062.
Subchapter 15.
Article 1.
§ 8075.
§ 8076.
Article 2.
§ 8077.
§ 8078.
§ 8079.
Application and Funding
Procedures 427
Applications for Loan
Commitments.
Review and Rating of Projects.
Approval of Projects and
Conrmiitment of Funds.
Program Operations 428
Responsibilities of Local Public
Entities.
Displacement and Relocation.
Transaction Docuntents.
Loan Origination and Servicing
Agreements.
Blanket and Individual Loan
Oingination.
Disbursement of Loan Funds.
Monitoring and Reporting.
Defaults, Workouts and
Foreclosures.
California Housing
Rehabilitation Program
for Owner-Occupied
Housing 430
General 430
Purpose and Scope.
Definitions.
Program Requirements 430. i
Eligible Applicant.
Eligible Borrower.
Eligible Use of Funds.
Local Program Administration.
Construction Requirements.
Deferred Payment Loan
Requirements 433
Term of Loan.
Maximum Loan Amounts.
Interest Rate and Loan Repayments.
Loan-to- Value Limits.
Sales, Transfers. Encumbrances, and
Assumptions.
Defaults on Bonower Loans.
Application for Funding
Procedures 435
Application Process.
Application Requirements.
Local Program Selection.
Program Operations 448
Legal Documents.
Loan Approvals.
Disbursement of Loan Funds.
Disbursement of Administrative
Grants.
Reporting Requirements.
Cancellation and Termination.
Default Reserve Subaccount.
Rental Housing
Construction Program —
Proposition 84 456
General 456
Purpose and Scope.
Definitions.
Program Requirements 458
Eligible Project.
Eligible Sponsor.
Eligible Uses of Funds.
§ 8080.
§8081.
§ 8082.
§ 8083.
§ 8084.
§ 8085.
§ 8086.
§ 8087.
§ 8088.
§ 8089.
§ 8090.
§ 809 1 .
§ 8092.
Article 3.
§ 8093.
§ 8094.
§ 8095.
Article 4.
§ 8096.
§ 8097.
§ 8098.
§ 8099,
§ 8100.
§8101.
§8102,
§8103.
Subchapter 16.
Article 1.
§8110.
§8111.
Article 2.
§8112.
§8113.
§8114.
§8115.
§8116.
§8117.
§8118.
§8119.
§ 8120.
§ 8121,
§ 8122,
§ 8123.
§ 8124.
§ 8125,
§ 8126,
§ 8127,
§8128.
§8129.
Type and Term of Loan.
Maximum Loan Amounts,
Interest Rate and Loan Repayments.
Appraisal and Market Study
Requirements.
Minimum Equity Requirements,
Administrative Expenses,
Occupancy Requirements.
Tenancy Standards.
Rent Standards,
Limits on Distribution.
Syndication.
Relocation Requirements.
Construction Requirements.
Application Procedures 468
Application Process.
Application Requirements.
Project Selection.
Program Operations 495
Legal Documents.
Disbursement of Loan Funds.
Sales. Transfers, and
Encumbrances,
Defaults and Loan Cancellations,
Management and Maintenance,
Reporting,
Operating Budget,
Emergency Reserve Account.
Family Housing
Demonstration Program
Regulations — Proposition
84 496,15
General 496.15
Purpose and Scope.
Definitions.
Program Requirements 496.17
Eligible Project.
Eligible Sponsor.
Eligible Uses of Funds.
Type and Term of Loan.
Maximuin Loan Amounts.
Interest Rate and Loan Repayments.
Appraisal and Market Study
Requirements,
Administrative Expenses,
Occupancy Requirements,
Tenancy Standards.
Rent Standards.
Limits on Distributions.
Syndication.
Relocation Requirements.
Construction Requirements.
Supportive Services Requirements.
Job Training and Placement
Program Requirements.
Seismic Rehabilitation
Improveinent.
Article 3.
Application Procedures 496,30
§ 8130.
Application Process,
§8131,
Application Requirements,
§8132,
Project Selection,
Article 4.
Program Operations 496,66
§8133.
Legal Documents,
§81.34.
Disbursement of Loan Funds,
§8135.
Sales, Transfers, and
Encumbrances.
§8136.
Defaults and Loan Cancellations.
§8137.
Management and Maintenance.
§8138.
Reporting.
§8139.
Operating Budget.
§8140.
Emergency Reserve Subaccount.
§8141.
Feasibility Subaccount.
Page vi
Title 25
Department of Housing and Community Development Programs
Table of Contents
i^8142.
Subchapter 17.
Article
1.
S 8200.
S 8201.
Article
2
ii 8202.
^ 8203.
i^ 8204.
S 8204. 1
ij 820.S.
S 8206.
i^ 8206. 1
S 8207.
5^ 8207.
§ 8208.
ii 8209.
Article 3.
i^ 8210.
§8211.
S8212.
S 8212.1.
§ 8212.2.
§8212.3.
§8213.
Article 4.
§ 8214.
§ 821.^.
§ 8216.
§8217.
§ 8217.1.
§ 8218.
§ 8219.
§ 8220.
Subchapter 18.
Article 1.
§ 82.S().
§ 82.S 1 .
Article 2.
§ 82.^2.
§ 8253.
§ 82.S4.
§ 82.55.
§ 82.56.
§ 8257.
Article 3.
§ 8258.
§ 8259.
§ 8260.
§ 8261.
Page
Approvals.
Slate HOME Investment
Partnership Act Program 496.100
General 496.100
Purpose and Scope.
Derinitions.
Program Requirements 496.102
Supplenientcuy Alloealions tor
Kntitlenient .liirisdictions.
Alloealions for Model Programs,
liiligible Applieanl.
CHDOCeilirieation.
Use ol' Funds.
Matching Contributions.
Repayment of HOME Funds.
Program Income. Proceeds from the
Investment of HOME Funds, and
Recaptured Funds.
Amount of HOME Assistance.
Homebuyer Education
Requirements.
Affordability Requirements.
Tenant-Based Rental Assistance.
Application for Funding
Procedures 496.108
Application Process.
Application Requirements/Form.
Application Selection and
Evaluation.
Allocation by Type of Activity and
Rural Location.
Uniform Multifamily Underwriting
and Program Rules.
Deep Targeting Funds.
Conditional Reservation of Funds.
Program Operations 496.110(b)
Legal Documents.
Project Set-Up and Disbursement of
Funds.
Reporting and Recordkeeping.
Project Deadlines.
Identification and Set-Up Deadlines
for Contracts Numbered Prior to
1999.
Cancellation and Termination.
State Recipient Administration of
CHDO Local Programs.
[Reserved.]
Child Care Facilities
Financing FYogram 496.1 10(e)
General 496.110(e)
Purpose and Scope.
Definitions.
General Program
Requirements 496.1 1 1
Eligible Applicant.
Eligible Facilities.
Eligible Project and Program
Priorities.
Eligible Use of Funds.
Additional Conditions.
Availability of Loan Guaranties and
Direct Loans.
Guaranty Program 496.1 12
Guaranty Application Procedure.
Guaranty Application Processing.
General Terms and Conditions of
Guaranties.
Demand Procedures for Guarantees.
§ 826:
§ 8263.
Anic
Ie4.
§ 8264.
§ 8265.
§ 8266.
§ 8267.
§ 8268.
§ 8269.
§ 8270.
§ 8271.
§ 8272.
Article 5.
§ 8273.
Subchapter 19.
§ 8300.
§8301.
§ 8302.
§ 8303.
§ 8304.
§ 8305.
§ 8306.
§ 8307.
§ 8308.
§ 8309.
§ 8310.
§8311.
§8312.
§8313.
§ 8314.
§8315.
§ 8316.
Subchapter 20.
§ 8400.
§ 8401.
§ 8402.
§ 8403.
§ 8404.
§ 8405.
§ 8406.
§ 8407.
§ 8408.
§ 8409.
§8410.
§ 8411.
§ 8412.
§ 8413.
§ 8414.
§ 8415
§8416
§ 8417
§8418
§8419
§8420
§8421
Subchapter 21.
Article 1.
§8430
§8431
Page
Collection Rcc|uiiemenis lor
Collection Guaranties.
Terminal ion of Giiaranly.
Direct Loan Program 496 1 1 5
Loan Limits.
Loan Term.
Interest Rates.
Repayment.
Security/Collateral.
Application Procedure.
Application Processing and
Evaluation.
Legal Documents.
Fees.
Microenterprise Assistance
Program 496. 1 1 7
Purpose.
Uniform Multifamily
Regulations 496. 1 1 8
Purpose and Scope.
Definitions.
Restrictions on Demolition.
Site Control Requirements.
Unit Standaids.
Tenant Selection.
Tenant Recertification.
Rental Agreement and Grievance
Procedure.
Operating Reserves.
Replacement Reserves.
Underwriting Standaids.
Limits on Development Costs.
Developer Fee.
Reserved.
Use of Operating Cash Flow.
Subordination Policy.
Leasehold Security.
Federal Emergency Shelter
Grants Program 496 1 23
Purpose and Scope.
Definitions.
Allocation of Funds.
Notices of Funding Availability.
F^ligible Organizations.
Eligible Applications.
General Program Requirements.
Homeless Prevention Activities.
Leasing or Renting Rooms with
Vouchers.
Renovation, Conversion, and Major
Rehabilitation.
Match f^equirements.
Grant Selection Process.
State Recipient Contract
Requirements.
Procedures and Requirements for
Procuring Contracts for Services or
Materials under a Capital
Development Contract.
Requirements for Renovation,
Conversion, or Major Rehabilitation
Performed by the State Recipient.
Budget Changes.
Disbursement Procedures.
Reporting and Recordkeeping.
Monitoring Grant Activities.
Audit Requirements.
Sanctions.
Other Federal Requirements.
Enterprise Zone Program 496.133
General 496.133
Purpose and Scope.
Definitions.
Page vii
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 2.
Department Application
Fees
§ 8432.
Amount of t)cpaitnienl Fee.
§ 8433.
Procedure tor Remittance ot
tX'pailment Fees,
§ 8434.
Noncompliance.
Ailicle 3.
Enterprise Zone Designation
Process — General
§ 8439.
Definitions.
§8439.1.
Enterprise Zone Designation
Process.
§ 8439.2.
Address of Agency.
§ 8439.3.
Enterprise Zone Application
Handbooks: Application Dates.
§ 8439.4.
Application Area: Prohibition
Against Changes.
Article 4.
Eligible Areas
§ 8440.
Identification of Eligible Area;
Page
496. 1 33
Page
§ 8443,9.
Article 8.
§ 8444,
§ 8444, 1 .
Small Cities Enterprise Zone
Information.
496.1.34
§ 8444.2.
§ 8444.3.
Article 9.
§8440.1.
§ 8440.2.
§ 8440.3.
Article 5.
§8441.
§8441.1.
§8441.2.
§8441.3.
§8441.4.
§8441.5.
Article 6.
§ 8442.
§8442.1.
§ 8442.2.
§ 8442.3.
§ 8442.4.
§ 8442.5.
§ 8442.6.
§ 8442.7.
§ 8442.8.
§ 8442.9.
§8442.10.
§8442.11.
Article 7.
§ 8443.
§8443.1.
§ 8443.2.
§ 8443.3.
§ 8443.4.
§ 8443.5.
§ 8443.6.
§ 8443.7.
§ 8443.8.
Eligibility Criteria.
Continuous Boundaries: .Area
Population.
l^istress Criteria.
SB1438 Zone Eligible Area.
Eligible Area Petition
Process 496.137
Petition Area as an Eligible Area.
Petition; Time for Submission.
Plant Closures.
Substantially Similar Conditions of
Economic Distress.
Gang-Related Activity.
Approval or Denial of Petitions:
Finality of Decisions.
Preliminary Application
Procedure 496.138
Jurisdiction over Applications Area.
Information Required.
Notification of Preliminary
Application Process.
Preliminary Application Deadline.
Number of Copies; Applicant
Name; Principal Contact Person.
Review Limited to Information in
Preliminary Application.
Application Area Description.
Preliminary Economic Development
Plan and Evaluation Criteria.
Resolution Required.
Invalid Application Areas;
Addendum to PreliiTunary
Application.
Selection of Final Applicants.
Notice of Decision; Enterprise Zone
Final Application Handbook.
Final Applications 496.142
Final Application Requirements.
Modification of Application Area
Boundaries; Agency Decision.
Final Econonoic Development Plan
and Evaluation Criteria.
Additional Requirements for Final
Applications.
Number of Copies; Applicant
Name; Principal Contact Person.
Final Application Deadline.
Review Limited to Information in
Final Application.
Selection of Final Applicants for
Conditional Designation.
Notification of Agency Decision.
§ 8445.
§ 8445. 1 .
§ 8445.2.
§ 8445,3.
Article 10.
§ 8446.
§ 8446.1.
§ 8446.2.
Article 11.
§8447.
icle 12.
§8448.
§8448.1.
§ 8448.2.
§ 8448.3.
§ 8448.4.
§ 8448.5.
§ 8448.6.
§ 8448.7.
§ 8448.8.
§ 8448.9.
§8448.10.
§ 8448.11.
§8448.12.
§8448.13.
§8448,14.
Application Evaluation and
Scoring 496.145
Technical Review of Applications.
Preliminary Substantive Review of
Applications.
Scoring Applications.
Qualifying Scores: List ol Scores.
Conditional and Final
Designation 496, 146
Conditional Designation.
Effective Date of Enterprise Zone
Designation.
Extension of Conditional
Designation Deadline: Modification
of Conditional Designation
Document.
Request for Final Designation.
Expansion of Existing
Enterprise Zones and
Program Areas 496. 147
Scope of Article.
Expansion Requests; Fifteen Percent
Expansion.
Expansion Request Decision;
Notice.
Finality of Agency
Decisions; Meeting with
Enterprise Zone Program
Manager 496.148
Finality of Agency Decisions;
Meeting with Enterprise Zone
Program Manager.
Targeted Tax Area 496.148
Definitions.
Targeted Tax Designation Process.
Ehgible Area.
Address of Agency.
Application Process.
Description of the Application
Area.
Economic Development Plan.
Environmental Impact Report.
Resolution Required.
Invalid Application Areas;
Addendum to Application.
Technical Review of Applications.
Economic Development Plan
Evaluation.
Conditional Designation.
Effecti ve Date of Targeted Tax Area
Designation.
Extension of Conditional
Designation Deadline: Modification
of Conditional Designation
Document.
§ 8448.15.
Request for Final Designation.
Article 13.
Environmental Review 496.153
§8449.
Environmental Review Definitions.
§8449.1.
Applicability of CEQA.
§ 8449.2.
Lead Agency.
§ 8449.3.
Inifial Study and Notice of
Preparation.
§ 8449.4.
Means of Avoiding Redundancy in
Preparing EIR.
§ 8449.5.
Draft Enterprise Zone EIR.
§ 8449.6.
Final Enterprise Zone EIR.
§ 8449.7.
Review of Final Enterprise Zone
EIR by the Agency.
Page viii
Title 25
Department of Housing and Community Development Programs
Table of Contents
Page
Page
Article 14. Enlerphse Zone
Administration and Issuance
of Vouchers 4%. 155
ij 8460. Applicability.
vj 8461. l^llnitions.
§ 8462. t)esignaiion ol Zone Manager and
Stamni!.
i5 846.3.
Adniinistralion of a Voucherine
Program.
§ 8464.
Conleni of an Application and a
Voucher.
§ 8465.
i.ssuance of a Voucher.
§ 8466.
Acceptable Documentation.
Jj 8467.
Voucher Appeals.
Page ix
(7 II 2i)liX)
Title 25
Department of Housing and Community Development Programs
S 7(M)3
Chapter 7. Department of Housing and
Community Development Programs
Subchapter 1.
Predevelopment Loan
Funds
§ 7000. General.
These regulations set forth the policies and procedures governing the
management and use of the Predevelopment Loan Fund governed by
Sections 3()53()-50.S32.5 of the Health and Safety Code.
NOTE: Aiiihoriiv cilcd: Sections 50402 and 504()6(n). Health and Safety Code,
Reference: Sections 50530. 50530.5. 50531 and 50532. Health and Safety Code.
History
1. New Chapter 7. Suhchapter 1 (Sections 7000-7018, not consecutive) tiled
5-6-77 as an enieriiency; effective upon tiling, Cenillcate of Compliance in-
cluded (Register 77^. No, 19),
2. Aniendnient filed 6-19-80: effective thirtieth dav thereafter (Register 80. No.
25).
3. Amendment filed 1 -5-82: effective thiilieth day thereafter (Register 82. No. 2).
4. Amenilment tiled 8-13-85: effective thirtieth day thereafter (Register 85. No,
33).
5. Amendment of section and NcrrL, llled 9-19-2003: operative 10-19-2003
(Register 2003. No. 38).
§ 7002. Definitions.
""Applicant" means an entity that has applied for a loan from the Fund.
""Assisted Housing" means housing for which financial assistance is
provided through one or more programs designed to reduce housing costs
for persons and fatnilies of low and tnoderate income. This assistance
tnay include, hut is not limited to, below-market ititerest loans, grants,
rent supplements, development costs subsidies, interest subsidies, be-
low-market priced land, grants of land, or density bonuses. Such housing
may include Manufactured Housing and Mobilehome Parks, but does not
include emergency shelters for the hoineless.
""At-risk Housing" means existing government-assisted rental hous-
ing at ri.sk of conversion to market-rate rents, due to factors that tnay in-
clude, but are not limited to, costs of necessary rehabilitation, or a modifi-
cation or terinination of subsidies.
"BoiTower"" means an "'Eligible Sponsor" that has received approval
for a Predevelopment Loan from the Fund.
"Construction Financing"' ineans a short-term loan made for financing
the construction or rehabilitation of a housing development.
""Cooperative Housing Corporation" is defined in Section 50091 of the
Health and Safety Code.
""Department"" means the Calilomia Department of Housing and Com-
tnunity Development.
""Director" means the Director of the Department, or his or her desig-
nee.
""Eligible Sponsors" is defined in Health and Safety Code Section
.S0330.
""Fund" means the Predevelopment Loan Fund.
""Limited Liability Corporation" includes a "Limited Liabihty Compa-
ny" as defined in Section 17000 et seq. of the Corporations Code.
""Loan Agreement" means a signed contract between the borrower and
the departinent for a predevelopment loan with all the terms and condi-
tions as determined by the Department.
""Local GoverniTiental Agency" means any county, city, city and
county, the duly constituted governing body of an Indian reservation or
rancheria. redevelopment agency or public housing authority, and also
includes any state agency, public district or other political subdivision of
the state, and any instrumentality thereof, which is authorized to engage
in or assist in the development or operation of housing for persons and
families of low incoine. It also includes two or more local public entities
acting jointly.
""Low-Income Person" shall have the same meaning as "Lower In-
come Households" as defined in Section 6928 oithis Pari.
"Manufactured Housing" tneans a manufactured home, as defined in
Section 18007 of the Health and Safety Code, and includes a nK)bile-
home. as defined by Section 1 8008 of the Health and Safety Ct)de. or fac-
tory-built housing as defined in Section 19971 of the Health and Safety
Code.
""Mobilehotne Park" is defined by Section 18214 of the Health and
Safety Code.
"Nonprofit Corporation" is defined in Section .5009 1 of the Health atid
Safety Code.
""Permanent Financing" ineans a long-term loan which is secured by
a deed of trust.
""Persons of Low Income" shall have the same tneaning as ""Lower In-
come Households"' as defined by Section 6928 of this Part.
""Persons of Very Low Incotne" shall have the satne meaning as "'Very
Low Income Households" as defined by Section 6926 of this Part.
"Predevelopment Loan" is defined in Health and Safety Code Section
30330.
""Public Transit Corridor" is defined in Health and Safety Code Section
50093.3.
"Preservation" in this subchapter means the acquisition of Al-Risk
Housing, its rehabilitation if needed, and its continued operation as As-
sisted Housing.
"Rural Area" is defined in Section 30199.21 olthe Health and Safely
Code.
"Urban Area" is defined in Section 30104.7 of the Health and Safely
Code.
"Very Low Income Person" shall have the same meaning as "Very
Low Income Households" as defined by Section 6926 of this Part.
NOTl^.: Authority cited: Sections 50402 and 50406, Health and Safctv Ct)dc, Ref-
erence: Sections 18007, 18008. 18214, .50055, 50091. .50093.5. .50105. 50199.21.
.50530, 50530.5. 50531 and 50532.5. Health and Safely Code,
History
1. Amendment filed 4-7-78: effective thirtieth dav thereahcr (Resiister 78. No,
14).
2, Amendment of subsection (I) Hied 6-19-80: effective thirtieth dav thereahcr
(Register 80. No. 25).
3. Amendment filed 1-5-82; effective thirtieth dav thereafter (Register 82. No.
2).
4. Amendment filed 10-4-84; effective thirtieth day thereafter (Register 84, No,
40).
5, Amendment filed 8-13-85; effective thirtieth day thereafter (Register 85. No.
33).
6, Amendment of section and Nori, filed 9-19-2003: operative 10-19-2003
(Register 2003. No. 38).
7. Repealer of definitions of "Emergency Loan Amendment" and "Loan Commit-
tee"" filed 1 1-1-2004: operative 12-1-2004 (Register 2004, No. 45),
§ 7003. Sponsor Eligibility.
(a) Eligible Sponsors for Predevelopment Loans are:
( 1 ) Local Government Agencies;
(2) Nonprofit Corporations;
(3) Cooperarive Housing Corporations; or
(4) Limited Liability Corporations or limited partnerships where all of
the general partners are nonprofit mutual or public benerit corporations.
(b) Predevelopment Loans may be made only to Eligible Sponsors
who meets the following standards:
(1) Adequate administrarive capacity to implement the loans;
(2) SubslanUal housing development experience or substantial experi-
ence in development and administration of other types of public or non-
profit programs; and
(3) If the Eligible Sponsor has received any other loans or grants from
the Department, a good record of performance under those loan or grant
agreements.
NOTE; Authority cited: Sections 50402 and 50406(n), Health and Safctv Code.
Reference: Secfions 50530, 50530.5, 50531 and 50532, Health and Safety Code.
History
1. New section filed 9-19-2003; operative 10-19-2003 (Register 2003, No. 38).
Page 297
Register 2004, No. 45; 1 1 -5-2004
§ 7004
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7004. Project Eligibility.
(a) Eligible Sponsors must have site control of the proposed project
property by one of the following means, in the name of the Eligible Spon-
sor or an entity controlled by the Eligible Sponsor:
(1) Fee title.
(2) A leasehold interest on the project property with provisions that en-
able the Eligible Sponsor to make improvements on and encumber ihe
property, provided that the terms and conditions of any proposed lease
shall permit compliance with all Predevelopmeni Loan requirements.
(3) An enforceable option to purchase or lease which shall extend, or
may be extended, for a minimum of 3 months beyond the deadline for ap-
plication submittal. Tlie Department may accept options of less than 3
months if the Eligible Sponsor provides evidence satisfactory to the De-
parlment ihat it has sufficient committed financing to acquire the proper-
ty prior to expiration of the option.
(4) A disposition and development agreement with a public agency.
(5) An agreement with a public agency that gives the Eligible Sponsor
exclusive rights to negotiate with that agency for acquisition of the site,
provided that the major terms of the acquisition have been agreed to by
both parties; or
(6) A land sales contract, or other enforceable agreement for the ac-
quisition of the property.
(b) Housing assisted by the Predevelopmeni Loan Fund must be As-
sisted Housing at least 5 1 % of which is designated to be occupied by Per-
sons of Low Income and affordable to such persons in accordance with
Section 6910 et seq. of this Division.
(c) No Predevelopment Loan may be made unless the Department may
reasonably anticipate that a commitment can be obtained by the Eligible
Sponsor for Constaiction Financing or Permanent Financing that will
permit occupancy by Persons of Low Income.
(d) In making Predevelopment Loans, the Department may consider,
but need not be limited to, the following factors:
( 1 ) The past achievements of the Applicant or the relevant experience
of the Applicant's board or consultant;
(2) The general availability of public financing for the Assisted Hous-
ing;
(3) The need for the Assisted Housing;
(4) The proposed cost of the land and the Assisted Housing;
(5) The number of units assisted by the Predevelopment Loan in rela-
tion to the loan amount;
(6) Whether the Assisted Housing will incorporate innovative or ener-
gy efficient design and techniques which promote affordable develop-
ment costs and/or operating expenses;
(7) The number or percentage of units in the Assisted Housing that will
be occupied by Very Low Income Persons;
(8) Whether the Assisted Housing will be located within one quarter-
mile of schools, major employment centers, medical facilities, grocery
stores, pharmacies, parks, and/or police and fire stations,
(9) If the Applicant is a Local Government Agency, the degree to
which the city or county in which the Assisted Housing is located has
complied with State Housing Element Law (Government Code Section
65580 et. seq.), in accordance with evaluation criteria established by the
Department. Failure of the Applicant to comply with State Housing Ele-
ment Law may be grounds for disapproving a Predevelopment Loan ap-
plication.
(e) To the extent feasible, the Department shall ensure a reasonable
geographic distribution of the funds. Other things being equal, the De-
partment shall give priority to assisting developments that meet either of
the following requirements:
(1 ) The developments will be located in Public Transit Corridors.
(2) The developments will be used for the Preservation and acquisition
of existing government-assisted rental housing at risk of conversion to
market-rate use. Within this category, the Department shall give priority
to those applications that include matching financing from local redevel-
opment agencies or federal programs.
(f) The Department shall, in each Notice of Funding Availability
(NOFA) issued for the program, set a minimum funding target for Rural
Areas based on the lesser of:
( 1 ) Historical level of awards made under the Rural Predevelopment
Loan Program (PDLP-R), or
(2) Twenty percent (20%) of available funds at the time of NOFA is-
suance.
NOTE: Authority cited: Sections .S0402 and 5()4()6(n). Health and Safety Code.
Relcrencc: Sections 50530. 50530.5, 5053! and 50532. Health and Safety Code.
Hl,S10m'
1. Amendment filed 4-7-78: ctTeclive thinieth day thcreaitcr (Reeisler 78, No.
14).
2. Amendment hied l-5-82:effeciivethiniethday thereafter ([Register 82, No. 2).
3. Amendment filed 8-13-85; effective thinieth day thereafler (Register 85. No.
4. Repealer and new section bled 9-19-2003: operative 10-19-2003 (Reuister
2003. No. 38).
§ 7005. Uses of Funds.
(a) Predevelopmeni Loans may be made for required expenses which
are incurred in the process of, and prior to, securing Construction or Per-
manent Financing for production, conversion. Preservation or rehabilita-
tion of Assisted Housing, including Mobilehome Parks, which are recov-
erable from Construction or Permanent Financing once it is obtained.
Loans may be made lor purposes that include, but are not limited to;
(1) Costs associated with the purchase of land, including existing
structures such as mobilehome parks; options to buy land or existing
structures; and extensions of the time periods of options to buy land or
existing stiuctures.
(2) Fees for professional services, including but not limited to:
(A) Consultant fees;
(B) Architectural fees for reasonable architectural costs in connection
with the preparation of an application for Construction or Permanent Fi-
nancing;
(C) Engineering fees connected with the preparation of an application
for Construction or Permanent Financing;
(D) Legal fees incurred in connection with the preparation of an ap-
plication for Construction or Permanent Financing, obtaining local gov-
ernment approvals, site purchase, a loan closing, or for representation in
litigation affecting a Predevelopment Loan Program-assisted project.
(3) Permit or application fees;
(4) Bonding fees;
(5) Costs of site preparation, related water or sewer development, or
on-site material expenses:
(6) Repayment of a predevelopment loan obtained from another
source and utilized by the Applicant in connection with the proposed
housing development;
(7) Escrow deposits; and
(8) Other expenses recoverable from the Construction or Permanent
Financing.
(b) Land purchased partially with Predevelopment Loan funds may be
used for purposes other than Assisted Housing, for example, the develop-
ment of non-Assisted Housing or commercial or agricultural uses. In
such cases, the amount of the Predevelopment Loan may not exceed the
cost for authorized purposes attributable to that portion of the land which
will be used for Assisted Housing for Persons of Low Income.
(c) The Department may make Predevelopment Loans for land pur-
chase to Eligible Sponsors even if the Eligible Sponsor is not able at the
time the Predevelopment Loan is made to proceed with the development
of Assisted Housing on the purchased site.
(d) The Department may make Predevelopment Loans for the devel-
opment of Mobilehome Parks and Manufactured Housing subdivisions.
(e) Predevelopment Loans may not be made for Construction Financ-
ing or for the administrative expenses of the Applicant.
(f) The following limitations on eligible expenses shall apply:
( 1 ) No more than 20% of the total monies appropriated to the Fund, or
a lower limit which the Department may set in a Notice of Funding Avail-
Page 298
Register 2004, No. 45; 11-5-2004
Title 25
Department of Housing and Community Development Programs
Jj 7008
ability (NC)FA), shall be commiited lo any single Borrower at any lime.
It the Applicant is a Liniiled Liability Corporation or limited partnership,
all Predevelopnient Loan commitments to the general partner or general
partners shall be coiinied when determining whether this limit has been
reached.
(2) The aggregate amount loaned lor purposes other than for an option
h) pinchase land or existing structures, the purchase o\' real property or
existing structures, or physical site development shall not exceed
$l()(),()()0.
(3) The amount loaned for the purchase or refinance of real properly
shall not exceed its fair market value. Fair market value shall be deter-
mined by an appraisal based on comparable sales or by any other apprais-
al method or evidence of value approved by the Department. The Bor-
rower shall pay the cost of an appraisal, but the cost may be financed
through a Predevelopment Loan.
(4) Predevelopment Loans or special account disbursements for pur-
chase t)ption payments, purchase option extensions or escrow deposits
shall not exceed \09( of the purchase price.
(5) Except for loans for option payments or escrow deposits of $1,000
or less, the option or escrow agreement shall provide for the return of the
option Payment or escrow deposit if:
(A) The seller is unable to deliver clear title to the land or is unable lo
convey the land for any other reason, or
(B) The purchase price exceeds fair market value.
(6) If the Predevelopment Loan for an option payment or escrow de-
posit exceeds $ 1 3,000, the option or escrow agreement shall provide for
the return of the payment or deposit if a Construction or Permanent Fi-
nancing commitment cannot be obtained.
(7) Options and escrow agreements shall be assigned to the Depart-
ment as security.
(8) Predevelopment Loans may be made for land purchase only if the
Department finds that development ol the site for affordable housing is
feasible.
(9) Predevelopment Loans for engineering fees shall not exceed 50%
of a housing development's total engineering costs or $10,000. whichev-
er is greater. The Department may increase this limit if the housing devel-
opment includes the construction of water and sewer lines or facilities.
Disbursement of engineering fees shall be staged in accordance with the
completion of engineering work.
( 10) Disbursement of architectural fees shall be staged in accordance
with the completion of architectural work.
(11) Predevelopment Loans for legal fees shall not exceed $5,000.
Loan funds shall not be disbursed unless the legal fees are itemized. Pre-
development Loans shall not be made for legal fees incurred in the forma-
tion of Eligible Sponsors.
( 12) Predevelopment Loans for consultant fees shall not exceed 1% of
the housing project's development costs, and shall only be made if the
tasks of the consultant are enumerated in an agreement between the Ap-
plicant and the consultant which is approved by the Department. Pay-
ments lo a consultant shall be staged in accordance with the completion
of various tasks.
(13) Predevelopment Loans for bonding, permits, deposits and ap-
plication fees may be made to the extent that there is a need to pay for such
fees prior to obtaining Construction or Permanent Financing.
(14) Predevelopment Loans for site preparation, on-site material ex-
penses and related water or sewer development may be made only if the
Applicant has made a reasonable effort to obtain funds for these purposes
from alternative sources.
(15) Limitations on other loan purposes pursuant to subdivision (a)(8)
of this section may be established by the Director. The Director may
waive any requirement of this section not otherwise required by law if it
is determined that the waiver would not adversely affect the puiposes of
the Fund or that the requirement would impose an intolerable burden on
the Borrower.
NOTE; Authority cited: .Sections .^0402 and .^()4()6. Heallh and Safely Code. Rci-
erence: Sections 50530. 50530.5. 50531 and 50532. Health and SalL't\ Code.
HiSlORY
1. Renumbering and amendment of Section 7004 (cMI) to Section 7005 llieii
I -5-82; effective thirtieth day thereafter (Rcgislcr 82. No. 2), For history olTor-
nier section, see Register 78. No. 14.
2. Editorial eorrcclion of sub.sections (a), (d) and (g) (Register 82. No. 9).
3. Amendment of subsections (a), (b). (dl and (i) tiled 10-4-84: erteeti\e thntieth
day thereafter (Register 84. No. 40).
4. Amendment filed 8-13-85; etieetive thiilieth dav thereafter (Kesisier 85. No.
33).
5. Repealer and new section filed 9 19-2003; operative 10-19-2003 (Reeisier
2003. No. 38).
6. Amendment ofsubsectiontrx 15) tiled 1 1-1-2004; operative 1 2-1 -2004 (Rci:
ister 2004, No. 45).
§ 7006. Rates and Terms.
(a) Interest. The interest rate for Predevelopment Loans is 39r . Interest
will be charged only on funds actually advanced to. or on behalf of. the
Borrower.
(b) Reduced Interest. The interest rate for loans may be reduced or
eliminated prior to repayment of the loan if the Director makes a finding
that charging it would prevent a significant number of Persons of Very
Low Income from owning or occupying new or rehabilitated Assisted
Housing.
( 1 ) To obtain a reduction or elimination of the current interest rale, the
Borrower shall expressly so request and submit written evidence which
demonstrates the necessity of the reduction or elimination of the interest
rate.
(2) On the basis o\' the written evidence submitted, the Deparimenl
shall determine the appropriate interest rate, if any, to be charged on the
loan.
(3) For all loans for which no interest is to be charged, an amount not
to exceed 2% of the loan amount shall be charged as a loan origination
fee, which may be:
(A) Paid in cash by the borrower at the time o\' loan closing; or
(B) Added to the approved loan amount and be payable at the time of
loan repayment.
(c) Term. Predevelopment Loans may be made for a term of up to two
years. Existing loans may be extended at the discretion of the Director.
NOTE: Authority cited: Sections 50402 and 50406. Health and Safetv Code. Ref-
erence: Sections 50530. 50530.5. 50531 and 50532. Health and Safety Code.
History
1. Amendment filed 4-7-78; effective thirtieth dav ihereatier (Register 78, No.
14).
2. Amendment of subsections (a) and (e) filed l-.'S-82; effective ihinieth day
thereafter (Register 82, No. 2).
3. Amendment of subsections la) and (b) filed 10-4-84; effective thirtieth day
thereafter (Register 84, No. 40).
4. Amendment filed 8-13-85; effective thirtieth dav thereafter (Retiister 85. No.
33).
5. Amendment of section and Nori: filed 9-19-2003; operative l()-19-2()()3
(Register2003. No. 38).
6. Amendment of subsections (b) and (c) filed I 1-1-2004; operative 12-1-2004
(Register2004, No. 45).
§ 7008. Special Conditions.
(a) Loan Documents. Before the Departinent disburses funds lo any
Borrower, the Borrower will be required to subinit to the Department the
following executed documents which will have been prepared by the De-
partment or at its direction:
(DA borrowing resolution.
(2) A Loan Agreement.
(3) A promissory note.
(4) Security insirumenl(s).
(.5) Any other documents necessary to complete the transaction which
are required by the Department. Additional documents may include, but
not be limited to, a policy of titles insurance, preliminary title report, ap-
praisal, and environmental reports.
Page 299
Register 2004, No. 45; II -5-2004
i} 7010
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( h) Loan Disbursements. Loan funds will be disbursed to, or on the be-
half of, tlie borrower as the need for funds arises. Borrowers must request
disbursements in writing from the Department. Disbursement requests
must he supported by evidence of an obligation that is due or is about to
become due.
(c) Non-Discrimination and Affirmative Action. Borrowers must
agree to adopt and implement all current contract requirements of HCD
and the Department of General Services for the Loan Agreement, which
may cover all aspects of the construction, marketing, and management
of the housing developed with the assistance of the Fund.
(d) Local, State or Federal Requirements. Borrowers will be required
to abide by such local, state or federal regulations as are applicable to the
proposed housing developments. These may include but are not limited
to: zoning ordinances; building codes; planning; historic preservation;
environmental and relocation regulations; and Article XXXIV of the
California Constitution.
(e) Relocation. If the housing development financed with loan funds
will result in the temporary or permanent displacement of one or more
persons from their residences, the Borrower shall submit a relocation
plan to the Department prior to disbursement of loan funds. Such plan
shall adequately respond to the needs of displacees, as determined by the
Department.
(f) Security. Each loan will be secured in a manner that adequately pro-
tects the interests of the Department. Security may include but is not lim-
ited to:
( 1 ) Deeds of trust or other liens on real property;
(2) Assignments of options or escrow agreements;
(3) Liens on personal property; or
(4) A deed of trust or other lien on a leasehold interest in Indian tmst
land.
(g) Reports. Borrowers are required to provide the Department with
reports on the progress of housing developments and the purposes for
which the loan funds have been used. Reports must be submitted month-
ly-
NOTE: Authority cited: Sections ,'S0402 and 50406, Health and Safety Code. Ref-
erence: Sections 50.530. 50530.5. 50531 and 50532, Health and Safety Code; and
Section 726) .6. Government Code.
HtSTORY
1. Amendment filed l-5-82;effectivethirtiethday thereafter (Register 82. No. 2).
2. Amendment of subsection (e) filed 10-4-84; effective thirtieth day thereafter
(Register 84, No. 40).
3. Amendment of subsections (c) and (f) filed 8-13-85; effective thirtieth day
thereafter (Register 85, No. 33).
4. Amendment of section and Note filed 9-19-2003: operative 10-19-2003
(Register2003, No. 38).
5. Amendment of subsecfion (f) filed 1 1-1-2004; operative 12-1-2004 (Resister
2004. No. 45).
§ 7010. Disbursements for Unspecified Sites.
NOTE: Authority cited: Sections 50406(n) and 50701, Health and Safety Code.
Reterence: Sections 505 15-505 1 7.4, 50530 and 50532.5. Health and Safety Code.
History
1 , Renumbering and amendment of former Section 701 0 to new Section 701 2. and
renumbering and amendment of former Secfion 7710 to Secfion 7010 filed
8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
2. Repealer filed 9-19-2003; operative 10-19-2003 (Register 2003, No. 38).
§ 7012. Processing Applications.
(a) Requests for loans must be made to the Department on its Predeve-
lopment Loan Fund Application Form. Applications may be obtained
froin the Program Manager of the Predevelopment Loan Funds at P.O.
Box 952054,"mS .390-5,^Sacramento, CA 94252-20,54.
(b) Applications for loan funds will be reviewed by the Predevelop-
ment Loan staff of the Department.
(c) Completed applications will be submitted for approval or disap-
proval to the Department.
(d) Applicants will be notified in writing of the Department's action,
including any conditions which the Director has placed on the loan. If the
loan is rejected, the written notice will include the reasons for the rejec-
tion.
fe) Reconsideration Procedure.
( 1 ) Applicants whose loan applications have not been approved by the
Director may submit a request for reconsideration by writing to the Di-
rector.
(2) The Director will review all requests for reconsideration and in-
form the Applicant in writing of the decision.
(.3) The decisions of the Director shall be final.
NOTE: Authority cited: Sections 50402 and 50406. Heakh and Safely Code. Ref-
erence: Sections 50530 and 50532, Health and Safety Code.
History
1 . Amendment filed 1 -5-82; effective thirtieth day ihereafier (Register 82. No. 2).
2. Renumbering and amendment of former Section 70 12 to new Section 7014. and
renumbering and amendment of former Section 7010 to Section 7012 filed
8-13-85: effective thirtieth day thereafter (Register 85, No. 33).
3. Amendment of section and NoTi: filed 9-19-2003: operative 10-19-2003
(Register2003. No. 38).
4. Amendment of subsections (a) and (c). repealer of subsections (d) and (g) and
subsection relettering filed 11-1-2004; operative 12-1-2004 (Register"2004,
No. 45).
§ 7014. Priorities in Use of Funds.
NOTE; Authortty cited: Sections .50402 and 50406, Health and Safety Code. Ref-
erence: Sections 50515-50517 and 50530-50532. Health and Safety Code.
History
1. Amendment filed 4-7-78; effective thirtieth day thereafter (Register 78, No.
14).
2. Amendment filed 1-5-82; effective thirtieth day thereafter (Register 82, No. 2).
3. Renumbering and amendment of former Section 7014 to new Section 7016, and
renumbering and amendment of former Section 7012 lo Section 7014 filed
8-13-85; effective thirtieth day thereafter (Register 85. No. 33).
4. Repealer filed 9-19-2003; operative 10-19-2003 (Register 2003, No. 38).
§7016. Loan Termination.
(a) Loan commitments or Loan Agreements may be terminated, or the
loan amounts reduced, by the Department if the Director determines that:
( 1 ) One or more conditions to commitment, agreement, or disburse-
ment have not been or will not be met;
(2) Development of the Assisted Housing is not progressing or is antic-
ipated not to progress within a reasonable time as determined by the De-
partment.
(3) The objectives of the loan cannot be met; and/or
(4) The Department's security is jeopardized.
(b) If the Department determines that a purchased site cannot be devel-
oped by a Borrower within a reasonable period of time as determined by
the Department, the Borrower shall convey the site to the Department,
which shall transfer the site to be sold pursuant to Health and Safety Code
Sections 50406(o) and 50532(c). In determining a reasonable period of
time, the Department shall consider factors in 7004, Borrower coopera-
tion with the Department's requirements, and continuing progress to-
ward developing the site and obtaining Construction and Permanent Fi-
nancing.
NOTE: Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref-
erence: Sections 50530, 50530.5, 50531 and 50532, Health and Safety Code.
HtSTORY
1 . Amendment filed 6-19-80; effecfive thirtieth day thereafter (Register 80. No.
25).
2. Repealer and new section filed I -5-82; effective thirtieth day thereafter (Regis-
ter 82, No, 2).
3. Renumbering and amendment of former Section 7016 to Section 7018. and re-
numbering and amendment of former Sections 7014 and 7714(a)(2) to Section
7016 filed^ 8-13-85; effecfive thirtieth day thereafier (Register 85, No. 33).
4. Amendment of section and Note filed 9-19-2003; operative 10-19-2003
(Register2()03, No. 38).
§7018. Reconsideration Procedure.
NoTE: Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref-
erence: Sections 50515-50517.4 and 50530-50532.5, Health and Safety Code.
History
1. Repealer of former Secfion 7016 and renumbering and amendment of Section
701 8 to Section 7016 filed 1-5-82; effective thirtieth day thereafter (Register
82, No. 2).
2. Renumbering and amendment of former Section 701 6 to new Secfion 701 8 filed
8-1 3-85; effective thirfieth day thereafter (Register 85, No. 33).
Page 300
Register 2004, No. 45; 11-5-2004
Title 25
Department of Housing and Community Development Programs
{j 7(M5
R^'pcalci- tiled 9-19-2003: opeiaiise 10-19-2003 (Register 2003. No. 38)
•
Subchapter 1.5. California Low-Income
Home Management Training Program
Article 1. Authority and Purpose
§ 7030. Authority.
Nort: Authoiiiv eiied: Seelion 50626, Healtii and Safety Code. Reteienee: See-
tions .^062.5-50629. Heallli and Sately Code.
History
1 . Neu .Subchapter 1 .5 (Articles 1-2. Sections 7030-7045. not consecutive) tiled
6- I9~S0; etTective thirtieth day thereatler (Registei- 80. No. 25).
2. Chance without regulatory eltect repealing subsection 1 .5. ailicle 1 and section
filed I 1-1-95 pursuant to section 100. title 1. California Code of Reculations
(Register9,5. No. 44).
§7031. Purpose.
Nort.; Authority cited: Section 50626, Health and Satetv Code. Reference: .Sec-
tions 50626 and" 50627. Health and Satety Code.
History
1. Aniendnicnt of NOTfi filed 4-2 1-82: effective thirtieth day thereafter (Register
82. No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100. title 1. California Code of Regulations (Register 95. No. 44).
Article 2. Guidelines for Awarding Grants
§ 7035. Application.
NOTL:: Authority cited: Section .50626. Health and Safety Code. Reference: Sec-
tions 50625-50629. Health and Safety Code.
History
1. Repealer filed 4-2 1 -82; effective thirtieth day thereafter (Register 82, No, 17).
2. Change without regulatory effect repealing anicle 2 filed 1 1-1-95 pursuant to
section 100. title I . California Code of Regulations (Register 95. No. 44).
§ 7036. Scope.
NOTF- Authority cited: Section 50626. Health and Safety Code. Reference: Sec-
tions 50626 and ,50629. Health and Safety Code.
History
1 . Amendment of NOTR filed 4-2 1 -82: effective thirtieth day thereafter (Reeister
82. No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100. title I. California Code of Regulations (Register 95. No. 44).
§ 7037. Amount of Grants and Funding Period.
NOTti: Authority cited: Section 50626. Health and Safety Code. Reference: Sec-
tion 50627, Health and Safety Code.
History
1 . Amendment of NOTB filed 4-21-82: effective thirtieth day thereafter (Reeister
82, No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100. title 1 , California Code of Regulations (Register 95. No. 44).
§ 7038. Restrictions on the Use of Grant Funds.
Noil-. Authority cited: Section 50626. Health and Safety Code. Reference: Sec-
tion 50627. Health and Safety Code.
History
I . Amendment of NOTE filed 4-2 1-82: eftecti ve thirtieth day thereafter (Register
82. No. 17).
2. Change without regulatory effect repealing section llled I 1-1-95 pursuant to
section 100. title I.California Code of Regulations (Register 95. No. 44)
§ 7039. Eligible Sponsors.
NOTE: Authority cited: Section 50626. Health and Safety Code. Reference: Sec-
tions 50627 and 50629. Health and Safety Code.
History
1 . Amendment of NOTE Hied 4-2 1 -S2: effective thirtieth day hereafter ( Re-jistcr
82. No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section too, title I. California Code of Regulations (Register 95, No 44).
§ 7040. Conditions of Grant Awards.
NOTf:: Authority cited: Section 50626, Health and Safety Code. Reference: Sec-
tion 50628, Health and Safely Code.
HlS'lORY
1. Amendment filed 4-21-82: effective thirtieth day therealter (Reeister 82. No.
17).
2. Change without regulatory effect repealing section filed I 1-1-95 pursuant to
section 100. title 1. Califo'mia Code of Regulations (Register 95. No. 44).
§ 7041 . Priorities in Awarding Grants.
NOTF: Authority cited: Section 50626. Health and Safely Code. Rclcicnce: Sec
tions -50627 and 50629. Health and Safety Code.
History
1 . Amendment of NOTE tiled 4-2 1 -82; effective thirtieth dav thereatler ( Reeister
82. No. 17).
2. Change without regulatory effect repealing section Hied 1 1-1-95 pursuant to
section 100. title 1. California Code of Regulations (Register 95. No. 44).
§ 7042. Submission of Grant Proposals.
NOTE: Authority cited: Section 50626. Health and Safety Code. Relerence: .Sec-
tion 50627. Health and Safety Code.
HfSTORY
1 . Amendment of NOTE filed 4 2 1 -82; effectiye thirtieth day thereatler ( Reeister
82. No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1. California Code of Regulations (Register 95. No. 44)
§ 7043. Required Proposal Information.
NOTE; Authority cited: Section 50626, Health and Safety Code. Reference: Sec-
tion 50627. Health and Safety Code.
History
1 . Amendment of NOTE filed 4-2 1 -82; effective thirtieth day thereafter ( Reeister
82. No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title I. California Code of Regulations (Register 95. No. 44).
§ 7044. Administration of Grants and Reporting
Requirements.
NOTE: Authority cited: Section 50626. Health and Safety Code. Reference: Sec-
tions 30626 and 50627, Health and Safety Code.
History
1 . Amendment of NOTE filed 4-2 1-82; effective thirtieth day thereafter ( Reeister
82, No. 17).
2. Change without regulatory effect repealing section filed I 1-1-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95. No. 44).
§ 7045. Technical Assistance.
NOTE: Authority cited: Section 50626. Health and Safety Code. Reference: .Sec-
tions 50626 and 50627. Health and Safety Code.
History
1 . Amendment of NOTE filed 4-2 1-82; effective thirtieth day thereafter ( Reeister
82, No. 17).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1, California Code of Reculations (Register 95. No. 44).
[The next page is 303.
Page 301
Register 2004, No. 45; 1 1 -5-2004
Title 25
Department of Housing and Community Development Programs
^ 7054
Subchapter 2. State Community
Development Block Grant Program
Article 1. General
§ 7050. General.
The Federal Omnibus Budget Reeonciliation Aet of 1981 provides lor
Slale adminislralion of the Federal Community Development Block
Grant Nonentitleinent Program. These regulations set forth the policies
and procedures governing the Stale's management and use of these
funds. In addition lo these regulations, program participants must comply
with Federal regulations contained in Title 24 of the Code of Federal
Regulations. Part 510. Subpart 1. in the event that Congress or the State
Legislature add or amend any requirements concerning the use or man-
agement of these funds, grantees shall comply with such requirements
upon receipt of notice from the Department of the additional require-
ments.
No'ir.; Authorities cited: Sections 504()6(h) and 50406(n). Health and Safety
Code: and 24 CFR 570.48y(h). Relcrcncc: Sections ."^0406 and 50407, Health and
Salety Code: 42 U.S.C. 5301 and 5.306(d): Federal Omnibus Budeel Reconcilia-
tion Act of IMSl (Public Law 97^.35): and 24 CFR, Pan 570, Subpart I.
History
i. New Subchapter 2 (Articles 1-4. Sections 7050-7124. not consecutive) filed
12-30-82: effective upon filing pursuant lo Government Code Section
1 1 346.2(d) ( Register 83. No. 1 ). For history of tbriner Subchapter 2, see Regis-
ters 82. No. 2; 80, No. 25 and 78. No. 5.
2. Amendment filed 1- 19-84; eftective upon II line pursuant to Government Code
Section 1 L346.2(d) (Regi.ster 84, No. 3).
3. Amendment tiled 2-22-85: el fectivc upon tiling pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 9).
§ 7052. Primary Objectives.
The primary objectives of this program are: I) the development and
preservation of cities and counties by providing decent housing and a
suitable living environment and expanding economic opportunities,
principally for the targeted incotne group; and 2) not less than fifty-one
percent (51%) of the funds made available to the Department pursuant
to the program shall be utilized by the Department to make grants to eligi-
ble cities or counties for the purpose of providing or improving housing
opportunities for the targeted income group or for purposes directly re-
lated to the provision or improvement of housing opportunities for the
targeted income group including, but not limited to, the construction of
infrastructure.
Pursuant to Section 104(a)( 1) of the Housing and Community Devel-
opment Act of 1974. as amended, the Department shall annually prepare
a statement of community development objectives and projected uses of
funds. This statement shall be made available to the public and published,
and the Department shall conduct no less than two public hearings at dif-
ferent locations on its contents. The statement shall be available for re-
view for at least thirty (30) days prior to the public hearings.
NOTH: Authority cited: Sections 5()406(h) and 50406(n), Health and Safety Code;
24 CFR 57().489(b). Reference: Sections 50406. 50407 and 50828. Health and
Safety Code; 42 U.S.C. 5301 and 5304(a)(1) and (2); 24 CFR, .570.489 and
570.490.
History
1. Amendment filed 1-19-84; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 84. No. 3).
2. Amendment filed 3-4-87; effective upon filins pursuant to Government Code
Section II 346.2(d) (Register 87. No. 10).
§ 7054. Definitions.
■'Act" means Title I of the Housing and Community Development Act
of 1974, 42 U.S.C. 5.301 et seq. . as amended.
"Activity" means any single eligible undertaking carried out as part of
an applicant's program under the State CDBG Program.
"Applicant" means any eligible city or county that applies for funds
pursuant to this subchapter as set forth in Section 7060.
"CFR" is the acronym used for the Code of Federal Regulations.
"Chief executive officer" of a unit of local government means the
mayorofacity, the chaiiTTian of a county board ol supervisors. t)r the offi-
cial designated pursuant to law by the governing body of the unit of gen-
eral local governtnent who has the primary responsibility for the conduct
of that unit's governmental affairs.
"Coininunily Development Block Grant Funds." "CDBG Funds." or
"Grant Funds" means any funds allocated by a grant agreemeni puisuant
to this subchapter or previously funded tonoiientillementjurisdiclit)nsby
HUD pursuant to their authority under the Act.
"Departirient" means the Slate of California Department of Housing
and Community Development.
"Director" ineans the Director of the Department.
"Economic Development Allocation" tneans the funds set aside each
year for economic developinenl pursuant to Health and Safely Code Sec-
tion .50827 and Section 7062.1.
"Federal regulations" means the federal regulations governing the
State administration of the Community Development Block Grant non-
entitleirient funds set forth in the Code of Federal Regulations. Title 24.
Part 570. Subchapter C, Subpart 1. conmiencing with Section 570.480.
"Funding" means financial assistance provided in whole or in part for
any eligible activity.
"Funding Cycle" means the annual period ol lime during which HUD
inakes funds available to the Stale for distribution to local governments
pursuant to the Act, and includes the period of time during which the De-
partment solicits applications and makes grant awards.
"Grant Agreement" means the contractual arrangement between the
State and the Grantee which sets forth the terins and conditions by which
State CDBG funds are utilized.
"Grantee" means a unit of general local government which has been
awarded funds provided pursuant to this subchapter to carry out a pro-
grain.
"Household" means persons occupying a housing unit as the place of
residence.
"Housing ElemenC means the part of a city or county's General Plan
as required by Article 10.6 (commencing with Section 65580) of Chapter
3 of Division 1 of Title 7 of the Governtnent Code.
"HUD" means the United States Department of Housing and Urban
Development.
"Infrastructure" means the physical systems such as roads, sidewalks,
streetlights, water and sewer facilities which are necessary to provide ba-
sic community services.
"Lowest Targeted Incotne Group" means persons and households
with incomes less than 50 percent of the latest HUD estiinated area me-
dian fatnily income who are intended lo be beneficiaries of the State
CDBG Program.
"Microenterprise" means a commercial enterprise that has five or few-
er employees, one or more of whom owns the enterprise.
"Overpaying" means households which are paying more than 2y/( of
their gross household income for housing costs, including utilities. Data
used to document overpaying includes the percentage of renters who pay
more than 25% of household income for gross rent, including utilities,
and the percentage of homeowners who pay tnore than 25% of household
income for selected housing costs, including utilities, based on the latest
available U.S. Census data.
"Permanent job" means a full-time or full-time equivalent job created
or retained by an activity funded under the Economic Development Allo-
cation which is directly related lo the expansion or retention of a business.
To be considered "full-time" a job must provide at least 1 .750 hours per
year. Part-time jobs that provide at least 875 hours per year o\' employ-
ment may be aggregated to arrive at a full-time equivalent job of at least
1 .750 hours per year.
"Poverty Persons" means individuals whose incomes are below ihe
poverty level based on the latest available U.S. Census data.
"Program" means all of the activities funded in whole or in part in-
cluded in an application which are funded under this subchapter.
Page 303
Register 2(K)7, No. 14; 4-6-2007
§ 7056
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
"Stale" means the State of California.
"Targeted Income Group" or "TIG" means persons and households
intended to be the principal beneficiaries of the Slate Community Devel-
opment Block Grant program. The term targeted income group includes
the component "lowest targeted income group" unless otherwise speci-
fied in this subchapter. Applicants shall use income limits provided annu-
ally by the Department in determining program benefit to the targeted in-
come group. The.se income limits are based on the latest HUD estimate
of area median family income with adjustments for unusually low in-
come areas. For a family of four, the "targeted income group" limit is
HO'/f of the latest HUD estimated or adjusted area median family income.
For a family of four, the income limit for lowest targeted income group
limit is 50% of the latest HUD estimated area median family income. In-
come limits for other household sizes are based on household size adjust-
ment factors.
NOTl:: Aiithonly cited: Sections 504()6(h) and 50406(n), Health and Safety Code;
and 24 CFR 57b.489(b). Reference: Section 65580 el seq,. Government Code;
Sections 50406, 50407 and 50827, Health and Safety Code; 25 California Adn\in-
istrative Code 6008(c)(5). 42 U.S.C. 530) , et seq.; and 24 CFR. Pail 570, Subpart
1.
History
1 . Amendment filed 1-1 9-84; effective upon lllins pursuant to Government Code
Section il346.2(d) (Register 84. No. 3).
2. Amendment tiled 2-22-85; effective upon tliins pursuant to Government Code
Section II 346.2(d) ([Register 85, No. 9).
3. Amendment filed 3-4-87; effective upon filine pursuant to Govemment Code
Section 1 1346.2(d) (Register 87. No. 10).
4. Amendment adding definitions for "CFR." "Economic Development Alloca-
tion," "Federal regulations," "Microenlerpiise" and "Permanent job," amend-
ment of "Targeted Income Group," and amendment of NoTh filed 1 1-8-95; op-
erative 1 1 -8-95 pursuant to Govemment Code section I 1343.4(d) (Register 96,
No. 48).
Article 2. Application Process
§ 7056. Application and Funding Requirements.
(a) The applicant shall meet the following requirements when the
application is submitted:
( 1 ) The applicant shall submit all the application information required
in Section 7062.1 and/or Section 7070 as applicable.
(2) The applicant shall have resolved any audit findings, performance
probleins for program income or performance problems for prior CDBG
grants awarded by an urban county, by HUD under the Small Cities Pro-
gram or by the State under this subchapter. The Director may waive this
requirement when such problems or findings result in no obligation to re-
turn funds to the grantor, arrangeinents satisfactory to the grantor have
been made for repayment, disencumbrance, performance, or a formal ac-
tion to resolve the inatter has been taken.
(b) Applicants shall meet the following requirements prior lo an award
of grant funds:
( 1 ) As a condition of receiving funds pursuant to this subchapter, an
eligible city or county shall have submitted a housing element to the De-
partment in accordance with the requirements of Article 10.6 (commenc-
ing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Gov-
emment Code. However, except as otherwise provided in Section 50830
of the Health and Safety Code, no application for funds shall be denied
because of the content of the housing element or because of the findings
made by the Department pursuant to Section 65585 of the Government
Code.
(2) (A) Except as otherwise provided in subparagraphs (B) and (C). no
city or county shall be eligible to receive funds pursuant to this Subchapt-
er if the city or county has adopted a general plan, ordinance, or other
measure which directly limits, by number, either of the following:
! . The building permits that may be issued for residential construction.
2. The buildable lots which may be developed for residential purposes.
(B) Subparagraph (A) shall not apply to either of the following:
1 . An ordinance adopted by a city or county which does any ol' the fol-
lowing:
a. Imposes a moratorium, to protect the public health and safety, on
residential construction for a specified period of time, if. under the terms
of the ordinance, the moratorium will cease when the public health or
safety is no longer jeopardized by the construction.
b. Creates agricultural preserves pursuant to Chapter 7 (commencing
with Section 51200) of Part 2 of Division 1 of Title 5 of the Govemment
Code.
c. Was adopted pursuant to a specific requireinent of a state or multi-
state board, agency, department, or commission.
2. A city or county which has a housing element that the departiTient
has found to be adequate pursuant to subdivision (c) of Section 65585 of
the Government Code or which is deemed to be in compliance with the
requirements of Article 10.6 (coinmencing with Section 65580) of Chap-
ter 3 of Division 1 of Title 7 of the Government Code pursuant lo Section
65586 of the Government Code at the lime the city or county applies for
funds under the prograin, unless a final order has been issued by a court
in which the court determined that the housing eleinent is not in com-
pliance with Article 10.6 (coinmencing with Section 65580) of Chapter
3 of Division I of Title 7 of the Government Code.
(C) A city or county which has adopted a general plan, ordinance, or
other measure subject to the restrictions of subparagraph (A), which are
not exempted by subdivision (B), may. notwithstanding subparagraph
(A), receive funds pursuant lo this subchapter if the use of the funds is
restricted for housing for the targeted income group. However, applica-
tions from cities or counties which have not adopted a general plan, ordi-
nance, or other measure subject to the restrictions of subparagraph (A)
shall, to the extent that eligible applications for grants exceed the amount
available for distribution pursuant to this Subchapter have priority over
applications frotn cities or counties which have adopted such a general
plan, ordinance, or other measure which are not exempted by subdivision
(B).
(3) At least fifty-one percent (5 1 %) of the funds applied for shall bene-
fit the targeted income group. No activity or portion of a program assisted
by these funds may exclude from its benefits the lowest targeted income
group. Individual activities shall meet one of the three national objectives
which are: ( I ) the development of viable urban communities by provid-
ing decent housing and a suitable living environment and expanding eco-
nomic opportunities, principally for persons of low- and moderate-in-
come; (2) aiding in the prevention or elimination of slums or blight; or
(3) meeting other community development needs having a particular ur-
gency. For the purposes of this section, "slums" and "blight" means a
blighted area or stmcture characterized by one or more of the following
conditions: (1 ) the buildings and structures, used or intended to be used
for living, commercial, industrial, or other purposes, which are unfit to
occupy for such purposes and are conducive to ill health, transmission of
disease, infant mortality, juvenile delinquency, and crime because of fac-
tors listed in Health and Safety Code Section 33031; and (2) properties
which suffer from economic dislocation, deterioration, or disuse because
of factors listed in Health and Safety Code. Section 33032. For the pur-
poses of this section, an activity will be considered lo address the stan-
dard of urgency if the applicant certifies that the activity is designed to
alleviate existing conditions which pose a serious and immediate threat
to the health or welfare of the community which are of recent origin or
which recently became urgent, that the applicant is unable to finance the
activity on its own. and that other sources of funding are not available to
meet such needs. For the purposes of this section, any condition which
has existed longer than eighteen ( 1 8) months prior lo the final filing dale
for applications shall not be considered to meet the standard of urgency.
(4) The single-year program described in the application must be
scheduled for completion within twenty-four (24) months from the dale
the grant agreement is executed by the State. The multi-year, two or three
year program described in the application must be scheduled for comple-
tion within 36 or 48 months, respectively. The Department may waive
this provision in wriung if it determines that the program, by its nature.
Page 304
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
S 7062
cjnnot be compleled wiihiii the 24. 36, or 48 month period, or that eonidi-
lioiis beyond the grantee's ov State's eontrol hinder program eoinplelion.
(."^XA) irCDBG grant I'nnds or loeal program income will be used lo
operate a program (i.e.. aeiivities serving nuiltiple separate projects, not
persons), the applicant shall submit progran\ guidelines lo Ihe Depart-
ment lor approval. No CDBG grant funds or local program income shall
be expended to operate a program until the Department has approved the
program guidelines in writing.
( B ) The program guidelines shall describe how the program will be op-
erated and how it will comply vviih Slate and federal regulalions. in addi-
tion, program guidelines shall address the following topics:
1. Loan terms and interest rales;
2. Loan underwriting standards;
?•. Loan application processing procedures and liming for loan approv-
als;
4. Procedures for resolving disputes between the participant and the
CDBG grantee;
5. Description of any property restrictions imposed as a condition of
receiving Ihe loan (e.g., resale controls, equity sharing);
6. Loan servicing policies addressing ihe issues of: subordination; refi-
nancing; change in occupancy, change in use, assumptions, and verifica-
tion of payment of taxes and insurance.
7. [f the program will involve rehabililation or conslruclion. proce-
dures for developing the scope of work, description of the contractor pro-
curement and payment process, and a description of the conflict resolu-
tion process in the event of a dispute between the contracior and the
program participant.
NOTi:: Authority cited: Sections .S0406(h) and .^()406(n). Health and Safety Code;
and 24 CFR ,S7().48y(b). Reference: Sections 51200. el seq.. and Sections 65;S80
e\ seq.. Government Code; Sections 33031. 33032. ,50406, 50407, 50829 and
50830. Health and Safety Code: 42 U.S.C. 5304 and 5306; 24 CFR 570.489(a) and
lb) and 24 CFR 570.901(b)(3).
HiSIORY
1. Amendment Hied 1-1 9-84: effective upon fllinupursuant to Government Code
Section 1 1 346.2(d) (Register 84. No. 3).
2. Amendment filed 2-22-85; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85. No. 9).
3. Amendment filed 3-4-87: effective upon llline pursuant to Government Code
Section 1 1.346.2(d) (Register 87. No. 10).
4. Fditorial correction of subsection (a)( 1 ) (Register 2005, No. 5).
5. Amendment i)\' subsections (a)(2) and (b)(4) and new subsections
(b)(5)( A)-(b)(5)(B)7. tiled 4-25-2005: operative .5-2.5-2005 (Register 2005.
No. 17).
§ 7058. Eligible Activities.
Activities eligible for funding are those described in 42 USC §530,5.
NOTi;: Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code;
and 24 CFR 570.489(b). Reference: Section-; 50406 and 50407, Health and Safety
Code; 1 5 U.S.C. 68 1 : 42 U.S.C. 1450 et seq.: 42 U.S.C. 5305; 24 CFR, Part 570,
Subpart C: 24 CFR 570.489 and 24 CFR 570.482.
HIS10RY
1 . Amendment tiled 2-22-85: effeelive upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 85. No. 9).
2. New subsection (a) and amendment of Noir filed 1 1-8-95; operative ] 1-8-95
pursuant to GovemmenI Code section 1 1343.4(d) (Register 96. No. 48).
3. Repealer of .section, new .section and amendment of Noti^ filed 7-3 1-96: opera-
tive 7-31-96 pursuant to Government Code section 1 1343.4(d) (Reei.ster 96.
No. 31).
4. Fditorial correction adding Histokv 2 and renumbering former HtSTOKY 2 to
History 3 (Register 96, No. 48).
§ 7060. Eligible Applicants.
Any city or county is eligible to apply for the Slate CDBG Program
except a city or county which pariicipaies in or is eligible lo participate
in the HUD administered Community Development Block Grant Entitle-
ment Program. The following restrictions shall apply lo all applicants un-
der the State Program.
(a) Except as provided in Sections 7062 and 7062. 1, an applicant may
submit only one application each funding cycle for activities in its juris-
diction. A grantee receiving a grant award for up to three annual funding
awards pursuant to Section 7064(c) that does not undertake the portion
of its program funded from the second (.)r third funding award may submit
a new application, provided the multi year award has been iermin;itecl un-
der the terms of the grant agreement. A grantee that has received ;i mtilti-
ple year award for up lo three years, where any of the annual awards is
less than $500,000, may submit an application under the second and/or
third year for additional awards, which when combined with their exist-
ing annual funding awards, do not exceed $.5()().()()() per year.
(b) Applications may be submitted by individual eligible applicants or
by groups of eligible applicants in any of the following forms. Except as
provided in paragraphs (5) and (6) below, no eligible applicani may he
included in more than one application that provides direct program hene-
tlts to that political subdivision.
(1) An eligible applicant may apply on its own behalf.
(2) An eligible applicant may apply on its own behalf and in the same
application on behalf of one or more other eligible applicants.
(3) An eligible applicani may apply on behall\)f one or more other eli-
gible applicants in the same application or may apply on behalf of one or
more other eligible applicants in separate applications.
(4) Two or more eligible applicants which share a program may submit
a joint application.
(5) In addition to an application submitted under Section 706()(a). an
eligible applicani may apply .separately for activities in target areas with-
in oroutside of the applicant's jurisdiction when there are concentrations
of Native American Indians as described in Section 7062 provided the
concentration is within an eligible city or county. Applications for target
areas outside the applicant's jurisdiction must include a joint powers
agreement with the city or county in which the target area is located.
(6) In addition to an application submitted under Section 7()6()(a) or
Section 7060(b)(5), an eligible applicani may apply separately for activi-
ties under Section 7062. 1.
(c) Cooperation agreements. Executed joint powers agreements, con-
sistent with the requirements of Section 6500 el seq. of the Government
Code must be submiiled with joint applications and applications on be-
half of another unit or units of local government. These agreements must
be on a form provided by the Department.
NOTE: Authority cited: Sections 50406(h) and 5()4()6(n). Health and Safety Code;
24 CFR 570.489(b). Reference: Sections 6500. et seq.. Government Code: Sec-
tions 50406 and 50407, Health and Safety Code; 42 U.S.C. 5303 and 5306(d )(2):
and 24 CFR 570.489.
History
1 . Amendment of subsections (a) and (b) filed 1-19-84: effective upon filing pur-
suant to Govemmeni Code .Section 1 1346.2(d) (Register 84, No. 3)
2. Amendment filed 2-22-85; effectiye upon filing pursuant to Government Code
Section 11346.2(d) (Register 85, No. 9).
3. Amendment of subsection (a) filed 4-26-2002; operative 4-26-2002 pursuant
to Government Code section 1 1 343.4 (Register 2002. No. 17).
4. Amendment of subsection (a) filed 4-25-2005: operative 5-25-2005 (Reuisier
2005, No. 17).
§ 7062. Special Allocation for Native American Indian
Communities.
Pursuant to the requirements of 24 CFR, Part I , the Department finds
that there are within the State of California, communities principally
comprised of low-incoine Native American Indians not recognized ;is
Indian Tribes as defined in Section l()2(a)( 17) of the Act (the Act defines
Indian Tribes as any Indian tribe, band, group, and nation . . . of the
United States, which is considered an eligible recipient under the Indian
Self-Determination and Education Assistance Aci (Public Law 03-638),
or under the Stale and Local Fiscal Assistance Act of 1972 (Public Law
92-512)). The Department also finds that these communities have, in
previous years, received the benefits of the Act primarily through the De-
partment's successful submittal of applications on their behalf. The De-
partment further finds that its inability to continue lo apply on behalf of
this minority population, caused by the legal constraints of the 1981
amendments to the Act. and the legal ineligibility of these groups to apply
on their own behalf for federally- or Slate-adtTiinistered CDBG funds,
will have the effect of depriving this minority group frotn participating
in the State CDBG Program unless there are some affirmative measures
to ensure its participation.
Page 305
Register 2007, No. 14; 4-6-2007
§ 7062.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(a) Pursuant to the requirements and authority of 24 CFR 1 .4(c)(6)(ii)
and by the direction ol" the State Legislature, the Department shall set
aside an amount equal to one and one quarter percent ( 1 .25%) of the total
Slate CDBG funds to be granted to eligible applicants for identifiable
geographic areas within eligible cities and counties comprised of high
concentrations of Native American Indians not recognized as Indian
Tribes as defined in Section I02(a)( 17) of the Act. For the purpose of this
section, identifiable geographic areas comprised of high concentrations
of Native American Indians means identifiable geographic areas com-
prised of no less than fifty one percent {5\7() Native American Indians
not recognized as an Indian Tribe by the Act. An identifiable geographic
area may be defined by locally accepted social, historical, physical, polit-
ical, or past programmatic boundaries.
(b) An application for this set aside may be in addition to another appli-
cation submitted by an eligible city or county pursuant to Section
7()6()(b)(r)-(5). Applications submitted under this section will be inde-
pendently evaluated and ranked against other applications for this special
allocation without regard to the rating of an application submitted pur-
suant to another section of this subchapter.
(c) An application submitted pursuant to this section shall be in the
form prescribed for applications in Section 7070 and shall comply in all
other respects with this subchapter. CDBG funds utilized within the iden-
tituible geographic areas must principally benefit residents in the tar-
geted income groups without regard to race, religion, national origin, or
sex. In the event all the set aside funds are not awarded in a funding cycle,
the Department shall award the remaining funds to the highest ranked un-
funded applications submitted under Section 7072.
NOTE: Authority cited: Sections 50406(h) and 50406(n), Health and Safetv Code:
and 24 CFR 570.489(b). Reference: Sections 50406, 50407 and 50831 , Health and
Safetv Code; Public Law 93-638 (25 U.S.C. 450(b)); Public Law 92-512 (31
U.S.C. 1227(4)); 42 U.S.C. 5306(d)(2): and 24 CFR 570.489.
History
1. Amendment of subsection (b) filed 1-19-84; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 84, No. 3).
2. Amendment of subsection (c) filed 2-22-85; effective upon filing pursuant to
Government Code Section 11346.2(d) (Register 85, No. 9).
§ 7062.1. Special Allocation for Economic Development.
(a) The Department shall set aside from the total amount available
from HUD, for grants to cities and counties an amount equal to thirty per-
cent (30%) for the activities specified in this section. Applications sub-
mitted under this section must comply with all the requirements of this
subchapter except where noted in this section. Economic Development
Allocation funds shall be awarded through three components: the Cali-
fornia Community Economic Enterprise Fund ("Enterprise Fund") set
forth in subsecdon (b); the Over-the-Counter Component ("OTC Com-
ponent") set forth in subsection (c); and the Planning and Technical As-
sistance Component ("Planning Component") set forth in subsection (d).
(1) Activities eligible for funding under the Economic Development
Allocation are those activities which are subject to the Standards for Eva-
luating Public Benefits set forth in subsection (f) of 24 CFR Section
570.482 as well as activities which assist microenterpri.ses. Eligible acti-
vities shall also meet a national objective as specified in Section
104(b)(3) of the Act (42 U.S.C. Sec. 5304(b)(3)) and 24 CFR Section
570.483. The Department shall utilize Section 105(a) of the Act (42
U.S.C. Sec. 5305(a)), 24 CFR Secdon 570.482, and Subpart C of Part 570
of the federal CDBG regulations commencing with Section 570.200, for
guidance in determining the eligibility of activities proposed under this
section. Where CDBG funds are used for public improvements (e.g., wa-
ter, sewer or road improvements) the nadonal objective shall be met pur-
suant to 24 CFR Section 570.483.
(2) In order to be eligible for funding from the Enterprise Fund or the
OTC Component, with the exception of assistance to microenterprises,
a project or activity (hereinafter collectively referred to as an "activity")
shall be capable of generating sufficient public benefit relative to the
amount of CDBG assistance provided as required by the Act. The De-
partment, with respect to acdvities funded from the OTC Component,
and Grantees with respect to activities funded with Enterprise Funds,
shall utilize the federal standards specified at 24 CFR Section 570.484(0
to determine whether sufficient public benefit will be generated by a pro-
posed activity.
(3) Prior to the funding of any acdvity from either the Enterprise Fund
or the OTC Component, the activity shall he underwritten to insure that:
(i) the activity's costs are reasonable; (ii) that all sources of activity fi-
nancing are committed: (iii) that to the extent practicable, CDBG funds
are not substituted for non-Federal financial support; (iv) that the activity
is financially feasible; (v) that to the extent practicable, the return on the
owner's equity investment will not be unreasonably high; and (vi) that
to the extent practicable, CDBG funds are disbursed on a pro rata basis
with other finances provided to the activity. Activities shall be underwrit-
ten by the Department, with respect to activities funded from the OTC
Component, and by Grantees with respect to activities funded with Enter-
prise Funds, utilizing the federal Guidelines and Objectives for Evaluat-
ing Project Costs and Financial Requirements set forth as Appendix A to
24 CFR Part 570.
(4) An activity funded from the Enterprise Fund or the OTC Compo-
nent shall be reevaluated by the Department or grantee pursuant to sub-
sections (a)(2) and (a)(3) of this Section if the underlying assumptions
relied upon by the Department or the Enterprise Fund grant recipient in
making its original funding decision materially change. A "material
change", for these purposes, means: ( 1 ) a change in the size, scope, loca-
tion or public benefit of the activity; or (2) a change in the terms or the
amount of the private funds (including lender's funds and equity capital)
to be invested in the activity; or (3) a change in the terms or the amount
of the CDBG assistance to be made available to the activity. If a material
change has occurred and a reevaluation of the activity indicates that the
financial elements and public benefit to be derived have also changed,
then appropriate adjustments in the amount, the type of CDBG assistance
and/or the terms and condidons under which that assistance has been of-
fered shall be made to reflect the impact of the material change.
(5) In the event that an activity funded under the Enterprise Fund or
OTC Component fails to meet a federal nadonal objective or state or fed-
eral eligibility requirement, at the Department's discretion, a Grantee
may be required to repay all or a porUon of the grant amount from a non-
federal source of revenue, and/or may be required to return all or part of
any program income received from the CDBG-assisted activity to the
Department. In determining the appropriate remedy, the Department
shall, at a minimum, consider the following factors: (1 ) actions taken by
the Grantee to avoid the adverse circumstances in the first place; (2) ac-
tions taken by the Grantee to midgate the circumstances once the prob-
lem was discovered; and (3) timeliness of steps taken to protect and/or
recover CDBG funds. Failure by a Grantee to comply with any require-
ments or written instructions issued by the Department pursuant to this
subsection shall be considered a failure by the Grantee to resolve any "au-
dit findings or performance problems" as that phrase is used in Section
7056(a)(2).
(6) Funding maximums from the Economic Development Allocation
and the Planning Component shall be as set forth in Health and Safety
Code Section 50832 subdivision (a) and Section 50833 subdivisions (a)
and (b). The Department may waive the eight hundred thousand dollar
($800,000) and five hundred thousand dollar ($500,000) limitadons for
the Economic Development Allocation after September 1 of each year.
(7) All Economic Development Allocadon funds returned, disencum-
bered or paid to the State in the form of program income ("returned
funds") shall be made available to fund current-year applications to the
Enterprise Fund or the OTC Component. On May 1 of each year, if there
are any unawarded Enterprise Funds or OTC Component funds, includ-
ing returned funds, the Department may reallocate funds between the
components ba.sed on relative demand, notwithstanding the provisions in
subsection (b) of this Section. On June 1 of each year, unawarded funds
remaining in the Enterprise Fund, the OTC Component, or the Planning
Component, including returned funds, shall be made available to fund
unfunded applications submitted pursuant to Section 7072.
Page 306
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
i$7()62.I
(8) Grams lo eligible loeal governnienls may be passed ihrough to qu-
alil'ied organi/alions chartered to pert'orni economic development activi-
ties.
(9) NtXwithsiaiiding any other provision of this Section, the Director
may alter the order applications are reviewed lor applicants requesting
llmds (bran Lirgent need such as an imminent plant closure, an emergen-
cy recognized by the State. The Director's decision to alter the order an
application is reviewed shall be in writing and made part of the applica-
tion rile.
(b) Enterprise Fund. Economic Development Allocation funds set
aside for use pursuant to this stibseclion shall be known as the California
Community Economic Enterprise Fund (Enterprise Fund). The purpose
(.)!' the Enterprise Fund is to provide a source of funds to establish or en-
hance local revolving loan fund programs. For the 1995 program year
only, not more than fifty percent (SO'vi ) of the Economic Development
Allocation funds shall be allocated to the Enterprise Fund. For all subse-
quent program years, not more than seventy percent (HWc) of all Eco-
nt)mic De\elopmeni Allocation fimds shall be allocated to the Enterprise
Fund,
( 1 ) Al least seventy (70) days prior to the due date for applications, the
Department shall notify all eligible cities and counties of the anticipated
level of funding for the Enterprise Fund through a Notice of Funding
Availability (NOFA) and the deadline for receipt o\' applications. The
Department shall also make available application forms and a training
manual which will provide eligible applicants with a consistent format
for presenting proposals, information on proposal review factors, and
guidance on program policies that may affect an applicant's program de-
sign.
(2) The maximum Enterprise Fund grant award to a single applicant
in a program year shall not exceed $500,000, except as specified at
7062.1(a)(6). The Director may establish a lower maximum award
through each year's NOFA. A decision to reduce the maximum award
shall be based upon the relative demand for Enterprise Fund grants and
OTC Component funds during the previous year and the total Economic
Development Allocation funds available.
(3) Activities which are eligible for funding from a local revolving
loan fund include, but are not limited lo: construction loans; new equip-
ment purchase loans; working capital loans; land acquisition loans; loan
guarantees; loans for privately owned on-site improvements; grants for
public off-site sewer, water and road improvements; and assistance to
microenierprises.
(4) The cost-per-job created or retained for a grantee's aggregate acti-
vities proposed for funding from the Enterprise Fund shall not exceed
$35,000 in CDBG funds, or $50,000 in CDBG funds per job created or
retained for each activity. Any activity funded under this component
shall meet the standards for public benefit set forth in subsection (f) oi'
24 CFR Section 570.482.
(5) Allocation Review Procedures and Evaluation Criteria.
(A) Each eligible applicant shall submit an original and two (2) copies
of its application to the Department by the application deadline specified
in the NOFA. Applications submitted by mail shall be received no later
than the deadline. Applications delivered to the Department must be date
stamped by the Department prior to 5 P.M. on the due date.
(B ) In order to be considered complete, an application shall contain the
information requested in the NOFA and such other information as neces-
sary for the Department to evaluate the application using the points and
rating factors set forth in subsection (b)(5)(D) of this Section. If an appli-
cation contains a description or analysis which includes quantified infor-
mation, the source of the information, and the method of computation
shall be described. If the Department determines that the method of com-
putation leads to conclusions which are inaccurate or misleading, it may,
after consultation with the applicant, adjust the method of computation
or the conclusions during the evaluation process.
(C) Within thirty (30) days of receipt of an incomplete application, the
Department shall return the application to the applicant with a written ex-
planation of the reasons why the application is incomplete.
(D) The Department shall evaluate, rate and rank each complete appli-
cation utilizing the following evaluation criteria and assigned points:
Eva I nil til >n Criterion
Need fi>r Projiruni: M) I'litcil I'oiiii.s
Relative Povcny Index 15 Ptiinls
Relative Uncmploynicni Rate 10 points
Adverse Economic Rvent ,> Points
Local Prov,ram Capacity: >0 Toial I'oints
Performance on Past CDBG hi) Grants 20 ponits
Relative Strength of Basic Program Design 10 Points
Relative Experience of Program Operators 1 0 Points
Other Local Organizational SiippoU 10 Points
Program Effectiveness: 20 Points
Commitment of Other (non-state, non-lederal)
Funding Sources 10 Points
Extent to Which Program Coinplenienis
Local or Regional Economic
Development Plan 10 points
Ma.xinnini Total Points 100 Points
(E) For purposes of this subsection (b)(5). the foregoing terms shall be
defined or applied as follows:
1. "adverse economic event" shall tnean an event of recent origin
which has the effect of significantly redticing employment opportunities
ioT the labor force within the applicant's jurisdiction.
2. "unemployment rate" shall tnean the unemployment rale for the city
or county applicant as measured by the applicant county's unemploy-
ment rate as published in the most recently available State Emplttymcnt
Development Department's "Monthly Labor Force For Counties".
3. Factors which shall be considered in assessing an applicant's per-
formance on past CDBG grants shall include: Achievement of job cre-
ation or job retention objectives specified in the grant agreement; lever-
aging of other funds as specified in the grant agreement; and, timely
expenditure of CDBG funds.
4. "basic program design" shall be evaluated as follows: The extent to
which the applicant's program guidelines are consislenl with CDBG pro-
gram requirements and reflect prudent lending practices and procedures.
5. "other local organizational support" shall mean: The documented
intent of local economic development organizations, such as local eco-
nomic development corporations. Economic Development Districts, t)r
Small Business Development Corporations, to commit resources to-
wards implementation of the Enterprise Fund program.
(F) The Department shall complete the ranking of applications within
eighty (80) days from the application deadline. Applicants shall be noti-
fied in writing of point scores, fund reservations and any adjustments
necessary to comply with national objective or eligibility requirements.
The Department may condition its award of funds in order to achieve the
purposes of this subchapter and to ensure compliance with applicable
State and federal requirements.
(G) Successful applicants shall receive a reservation of Enterprise
Funds equal to the approved grant amount. These reserved funds shall be
held by the Department pending drawdown requests for specific eligible
activities.
(Ff) Successful applicants shall be subject to the requirements ol Sec-
tion 7076(d) in ensuring timely execution of the grant agreement and in
the timing for incurring costs under the grant agreement.
(6) The assessment of a specific proposed activity's eligibility for
funding for activities of $50,000 or less shall be performed by Grantee
and reviewed by the Department as part of the grant monitoring process.
The assessment of eligibility for specific activities over $50,000 shall be
performed by the Department and shall occur prior lo approval of the ini-
tial drawdown request for that activity.
(7) A Grantee's unused Enterprise Fund grant, funds shall be disen-
cumbered twenty-four months after grant agreement execution. The De-
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§ 7062.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
paitmcnl may waive this provision in writing if it determines that comp-
elling circumstances warrant liie waiver. For purposes ol'tiiis subsection
only, for activities of $50,000 or less, funds shall be considered "unused"
if not approved by the local loan committee foi' disbursement as a loan
to a speci lied borrower: for activities over $50,000. funds shal I be consid-
ered unused if the Department has not yet received complete documenta-
tion, as determined by the Department, of the proposed borrower's eligi-
bility.
(8) Upon receipt of an application and based on availability of funds,
the Director may allocate a portion of the Enterprise Funds to assist eligi-
ble jurisdictions directly affected by announced military base closures or
reductions. Enterprise Funds shall be made available pursuant to this sub-
division (b)(8) only if the Enterprise Funds will be used to obtain federal
funds for capitalizing local revolving loan funds which will be used to
mitigate the economic displacement caused by such base closures or re-
ductions.
(c) Over-the-Counter Component. Economic Development Alloca-
tion funds not allocated to either the Enterprise Fund or the Planning
Component shall be made available for award pursuant to this subsection
(c). which shall be known as the "Over-the Counter-Component" or
"OTC Component". Through the OTC Component, the Department shall
provide grants to eligible cities and counties to: make loans to employers
for an identified CDBG-eligible activity, provided the loan will result in
the creation or retention of permanent jobs; or to construct infrastructure
improvements which are necessary to accommodate the creation, expan-
sion or retention of a business that will create or retain jobs.
( 1 ) Through a notice of funding availability ("NOFA"). each program
year the Department shall notify all eligible cities and counties of the an-
ticipated level of funding for the OTC Component. OTC Component
applications shall be accepted on a continuous basis.
(2) Awards from the OTC Component to a single city or county in a
single program year shall not exceed $500,000, regardless of the number
of applications, except as specified in subsection 7062.1(a)(6).
(3) Notwithstanding Section 7064(c), two or more applicants may .sub-
mit a joint application for an OTC Component award. The maximum
award for a joint application shall be five hundred thousand dollars
($500.0(X)) per participating applicant per program year.
(4) In order to be considered complete, an application shall contain the
information requested in the NOFA, and such other information as neces-
sary for the Department to evaluate the application using the points and
rating factors set forth in subsection (c)(7) of this section and the follow-
ing information as appropiiate:
(A) If an applicant contains a description or analysis which includes
quantified information, the source of the information, and the method of
computation shall be described. If the Department determines that the
method of computation leads to conclusions which are inaccurate or mis-
leading, it may, after consultation with the applicant, adjust the method
of computation or the conclusions during the evaluation process.
(B) Evidence that activities proposed for funding meet one of the na-
tional objectives specified under Section 7056(b)(3) and detailed under
24 CFR Section 570.483.
(C) If an applicant asserts that an activity will meet the national objec-
tive of principally benefitting the TIG, the application shall include a de-
scription of the means of verification which the applicant will use to de-
termine the number and income of those households actually benefitting
from the program.
(D) A schedule demonstrating that any new jobs that will be generated
by the program will be available within 24 months of execution of the
grant agreement by the Department.
(E) For off-site public improvement activities, the application shall
document the following: how the activity meets the national objective
and public benefit requirements specified in 24 CFR Section 570.482(f);
that the applicant has negotiated with the businesses and other beneficia-
ries that will be served by these improvements and obtained an appropri-
ate funding contribution towards the cost of the improvements; and how
the activity meets the requirements of paragraphs (2) and (3) of sub.sec-
lion (a) of this Section.
(5) The Department shall review applications based on order of re-
ceipt. Within thirty (30) days of receipt of an incomplete application, the
Department shall notify the applicant in writing of the reasons why the
application is incomplete.
(6) Within 60 days of the date an application is determined to be com-
pleie. the Department shall review the application for compliance with
slate and federal program requirements and provide the applicant, in
writing, the Department's decision to approve or deny funding for the
application. Applications eligible for funding shall be funded in order of
receipt of a complete application.
(7) In making funding decisions, the Department shall first evaluate
the application using the following factors and points as threshold crite-
ria.
Factor Points
(A) Percent of county- wide
unemployment relative to the
Statewide average A maximum of twenty-five points
(B) Ratio of CDBG funds per job-
maximum ratio of $35,000
per job created or retained A maximum of fifteen points
(C) Ratio of private funds to
CDBG funds A maximum of fifteen points
(D) Quality of applicant's past
performance for CDBG
economic development
contracts A maximum of fifteen points
(E) Percent of funds allocated to
applicant's general administrative
costs (for this purpose, general
administrative costs do not
include funds budgeted for
planning studies). A maximum often points
(8) Applications which have received 50 or more points shall be re-
viewed for funding using the following factors:
(A) the extent of the applicant's need for CDBG funds.
(B) the market feasibility of the proposed activities.
(C) the feasibility of the proposed activities under local and other regu-
latory requirements,
(D) the financial feasibility of the proposed activities. (In analyzing
this factor, the Department may determine that an activity is feasible even
though other funding sources have not committed their funding to an ac-
tivity. If the application documents the terms and conditions that will be
offered by the other funding sources, then the Department may condi-
tionally commit to funding. This commitment of funding by the Depart-
ment shall be conditioned upon the final commitment from the other
funding sources.),
(E) the capacity of the applicant and its borrower, subcontractors or
subgrantees to manage the proposed activities.
(F) the appropriateness of the terms proposed by the applicant, given
the documented needs of the business and given the amount of public
benefit in the form of job creation or job retention that will result from
the CDBG-assisted activity,
(G) the status of the ownership or control of any real estate needed for
the proposed activities.
(H) the extent to which the proposed activities involve intrastate relo-
cation of jobs or business, and
(I) the extent of recruitment, training and promotional opportunities
for targeted income groups.
(d) Planning and Technical Assistance Component. Through the Plan-
ning and Technical Assistance Component ("Planning Component"), el-
igible cities and counties may apply for, and the Department may award,
grants for economic development planning and technical assistance acti-
Page 308
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
§ 7062.3
viiics. No single city or county shall receive more than two grants or
thirty t'i\e (hotisand dollars ($33,000) per year. Two or more applicants
which share a planning program may submit a Joint application. The
maximum award lor a Joint application shall be thirty five thousand dol-
lars ($35, ()()()) per participating applicant.
( 1 ) Eligible Activities. To be eligible for funding under the Planning
Component, the proposed planning studies or technical assistance must
assist or support an economic development activity which, if brought to
completion, will meet a national objective as specified in 24 CFR Section
.570.483 and result in Job creation or retention. For purposes of this sub-
section (d)( 1 ), an activity shall be considered as meeting the national ob-
jective of principally benefitting TIG persons if the applicant presents
convincing information that at least fifty-one percent (5 I %) of the antici-
pated beneficiaries of the economic development activity assisted vvith
funds provided by this component will be members of the TIG. General
studies not reasonably related lo an economic development activity like-
ly to result in the creation or retention of Jobs are not eligible for funding
under the Planning Component; nor are activities related to implementa-
tion of a program.
(2) As a condition of receiving a commitment of funds under the Plan-
ning Component, successful applicants shall be required to provide a
cash match the amount of which shall be based on the amount o\' Uie
applicant's local sales and u.se tax revenues relative to the sales and use
tax revenues for each potentially eligible city and county, up to a maxi-
mum olTwenly-five percent (259() of the CDBG grant award.
(3) Application Procedures and Evaluation Criteria. Each program
year, the Department shall notify all eligible cities and counties of the an-
licipaied level oi funding for the Planning Component and the earliest
date for submitting applications through a notice of funding availability
CNOFA"). The Department shall review Planning Component applica-
tions to determine if they meet minimum program eligibility and cash
match requirements. The Department shall notify applicants, in writing,
within 60 days of receipt of a complete application of the Department's
funding determination. To be eligible for funding consideration, an
application must meet the following requirements:
(A) The funding request shall contain all the information required in
the NOFA and shall contain a certified resolution adopted by the govern-
ing body olThe eligible Jurisdiction documenting the availability of the
cash match;
(B) The funding request shall be for an eligible activity and must meet
a natit)nal objective as specified in 24 CFR Section 570.483; and
(C) If funds will be used to provide direct assistance to an identified
business, the activity shall be considered to be technical assistance to a
private, for-profit business and the application must include a letter from
the benefitted business which: (i) explains why the benefitting business
is unable to provide funding for the activity; and (ii) conditionally com-
mits the business lo proceeding with the activities which are the subject
of the CDBG grant.
Note. Authoriiy dted: Sections 5()406(h) and 5()4()6(n), Health and Safely Code;
and 24 CFR ,^70.489(b). Reference: Seelions 50406, 50407, 50832, 50833 and
,5()8.M. Health and Safety Code; 42 U.S.C. 5304(b)(3), 42 U.S.C. 5305(a) and 42
use .S.W6(d)(2) and (3): 24 CFR 570.482. 570.483. 570.489 and 570.493.
History
1. New section tiled 1-19-84; effective upon filing pursuant to Government Code
.section 1 1 346.2(d) (Register 84. No. 3).
2. Repealer tiled 2-22-85; effective upon filing pursuant to Govemment Code
section 1 1.^46.2(d) (Register 85. No. 9).
3. Amendment filed 3-4-87; effective upon tiling pursuant to Govemment Code
section 1 1346.2(d) (Register 87, No. 10).
4. Amendment tiled 8-26-92 as an emergency; operative 8-26-92 (Register 92,
No. 35). A Certificate of Compliance must be transmitted to OAL 12-24-92 or
emergency language will be repealed by operation of law on the following day.
5. Amendment rellled 12-28-92 as an emergency; operative 12-28-92 (Register
93. No. I ). A Certificate of Compliance must be transmitted to OAL 4-27-93
or emergeney language will be repealed by operation of law on the following
day.
6. Amendment reflled 4-23-93 as an emergency, including additional amend-
ments to subsections (d) and (e)(4): operative 4-27-93 (Register 93, No. 17).
A Ceniticate of Compliance nuist be transmitted to OAL 8-25-93 or emergen-
cy language will be repealed by operation of law on the following day.
7. Amendment rellled 8-23-9.^ as an emergeney. including additional amendmeni
of subsection (d); operative 8-23-9.^ (Register 93, No. 35). A Ceilineate ot
Compliance must be transmitted to OAL by 1 2-2 1 -93 or emergency language
will be repealed by operation ol law on the lollowing day.
8. Hdilorial correction ofHrsroRY 6 (Hegisler 9.3. No. 35).
9. Certificate of Compliance as to 8 23-9.^ order transmitted to OAL 9-16 93:
disapproved by OAL and order of repeal as to 8-23-93 order issued on
10-29-93 pursuant to Government Code section I 1 .349.6(d) (Register 94. No.
16).
10. Amendment of section filed 4-20-94: tiperalive 4-20-94 (Reeisier 94. No.
16).
1 1. Amendment of section and Noir filed 1 l-8-9,S; operative 1 l-8-9,S pursuant
to Govemment Code section I 1343.4(d) (Register 96. No. 48).
12. Amendment of subsections (b)(2). (b)(5)(A)-(B) and (d)(3) filed 4-26-2002:
operative 4-26-2002 pursuani to Government Code section 1 1 ,343.4 ( Retiister
2002, No. 17).
1 3. Amendment of subsection (aM6) filed 4-25-2()()5; operative 5-25-2005 ( Rcj
ister 2005, No. 1 7).
§ 7062.2. Special Jobs Bill Provisions.
NOTE; Authority cited: Sections 5()4()6(h) and 5()4()6(n). Health and Saletv Code:
and 24 CFR 570.489(b). Reierence: Sections 50406 and 50407. Health and Salei\
Code; 42 USC 53()6(d)(2) and (3); Public Law 98-8 (Lmergencv .lobs Bill): anil
24 CFR 570.489.
HtSTORV
1. New section filed 1-1 9-84: effective upon filing pursuant toGovemmeni Code
Section 1 L346.2(d) (Register 84. No. 3).
2. Repealer filed 2-22-85: effective upon filine pursuant to Govemment Code
.Section 1 1 346.2(d) (Register 85. No. 9).
§ 7062.3. Special 108 Loan Guaranty Pledges.
(a) Commitinent of future federal allocations of CDBG Funds to the
State ("State pledges") by the Department as collateral for federal guar-
antees of notes or other obligations issued by eligible cities and counties
("loan guarantees") pursuant to Section 108 of the Act (42 U.S.C. Sec.
5308) and 24 CFR Subchapter C, Part 570. Subpart M commencing with
Section 570.700 (collecOvely. "'Section 108") shall be subject to the fol-
lowing conditions:
(1) State pledges shall be given as collateral for loan guarantees only
for loans of between $500,000 and $2,000,000.
(2) The total of all outstanding State pledges at any given point in time
shall not exceed $16,000,000.
(3) To receive a State Pledge, in addition to the eligibility requirements
established by Section 108 of the Act (42 U.S.C. Sec. 5308). an activity
must; meet the eligibility requirements specified at Section 7062. 1 sub-
section (a)(2) and (a)(3); and address one of the three CDBG national ob-
jectives specified in Section 7052 and as specified in 24 CFR Section
570.483.
(4) Applicants shall demonstrate a reliable repayment source and ade-
quate security in the event the primary source of repayment defaults. The
Department may require that the applicant city or county pledge other
sources of repayment for the loan such as any local CDBG program in-
come.
(5) State pledges shall not be committed as security for a guaranty
which guaranty is the primary source of repayment for federally-issued
securities.
(6) The proposed activity upon which the application for State pledges
has been based shall be reviewed by the Department according to the
HUD guidelines for financial underwriting referenced at Section
7062.1(a)(3).
(7) Any Loan Guaranty Pledges made pursuani to Section 7062.3 are
excluded from any funding limitations set forth in this .section or set forth
at Health and Safety Code Section 5()832(a).
(b) Application Procedures and Evaluation Criteria.
(1 ) To obtain a State pledge, eligible Jurisdiction shall inake a formal
application in writing to the Department.
(2) Applications which have been determined by the Department to be
complete shall be reviewed and a decision whether or not to issue a State
pledge shall be made in writing within 60 days of the date of receipt of
a complete application.
Page 309
Register 2007, No. 14; 4-6-2007
§ 7062.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) In order to be considered complele, an application siiail. at a mini-
mum, include the following:
(A) the amount of the Slate pledge requested:
(B) sulTicient information for the Department to determine that all of
the conditions of subsection (a) of this Section have been met: and
(C) sufficient information to conduct the financial underwriting re-
view required by subsection (a)(6) of this Section.
(4) An incomplete application shall be returned to the applicant with
a written explanation as to the applicant's deficiencies.
(c) if the Department determines that the requirements of subsection
(a) have been met, and that the activity underlying the application con-
forms to the underwriting standards of subsection (a)(6), the Department
shall prepare and issue to the applicant a certification containing, at a
minimum, the following statements:
(1) the State of California, acting by and through the Department,
agrees to make a pledge of future CDBG grants for which the State may
become eligible in the amount of the approved application as security for
a loan guaranty from HUD in an equivalent amount;
(2) the Department possesses the legal authority to make such a
pledge;
(3) at least seventy percent (70%) of the aggregate use of CDBG funds
received by the Stale, guaranteed loan funds, and program income during
the one. two, or three years specified by the Department for its CDBG
program will be for activities that benefit low and moderate income per-
sons; and
(4) the Department agrees to assume the responsibilities set forth in 24
CFR Section 570.710 requiring the Department to ensure that the appli-
cant complies with all applicable federal requirements governing the use
of guaranteed loan funds.
Note. Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code:
and 24 CFR 570.489(b). Reterence: Sections 50406 and 50407. Health and Safety
Code; 42 U.S.C. 5308; and 24 CFR 570.700 et seq.
History
1 . New section filed 1 1-8-95: operative 1 1-8-95 pursuant to Govemment Code
section 1 1343.4(d) (Reeister 96, No. 48). Forpnorhistory, see Register 93. No.
47.
§ 7062.4. Use of Un-allocated Colonia Funds.
NOTE; Authority cited: Section 50406(h) and 50406(n), Health and Safety Code.
Reference: Section 50407, Health and Safety Code; Sections 5305(a) and 5306(d).
42 U.S.C; and Sections 570.489 and 570.204, 24 C.F.R.
History
1 . New section filed 5-]-V93 as an emergency; operative 5-13-93 (Register 93,
No. 20). A Certificate of Compliance must "be transmitted to OAL 9-13-93 or
emergency language will be repealed by operation of law on the following day.
2. Repealed bv operation of Govemment Code section 1 1346.1(g) (Reeister 93,
No. 47).
§ 7062.5. Special Allocation for Disaster Assistance.
NOTE: Authority cited: Section 50833.1(d), Health and Safety Code. Reference:
Section .50833. 1 . Health and Safety Code; Public Law 1 05- 1 8; and HUD Disaster
Recovery Final Rule (Fed. Reg. Vol. 62. No. 173. p. 47344 (Sept. 8, 1997)).
History
1 . New section filed 3-12-98 as an emergency; operative 3-12-98 (Register 98.
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 7-10-98
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 7-9-98 as an emergency, including amendment of subsec-
tions (b) and (f)(3) and new Note; operative 7-9-98 (Register 98, No. 28). A
Certificate of Compliance must be transmitted to OAL by 1 1 -6-98 or emergen-
cy language will be repealed by operation of law on the following day.
3. Fiepealed by operation of Govemment Code section 1 1346.1(g) (Register 98.
No. 46).
4. New secfion filed 1 1-1 2-98 as an emergency: operative 1 1-1 2-98 (Register 98.
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-12-99
or emergency language will be repealed by operation of law on the following
day.
5. Repealer filed 4-26-2002: operative 4-26-2002 pursuant to Government Code
section 1 1343.4 (Register 2002. No. 17).
§ 7064. Grant Funding.
( a) The amount of funds available for grants is equal to the total alloca-
tion of federal funds made available to the State under the Act after sub-
tracting an allowable amount for Slate administrative costs. Grant fund-
ing is subject to the availability of federal funds.
(b) Eligible applicants may apply for funds to undertake any one or any
combination of the eligible activities described in Section 7058.
(c) Except as provided in Section 7062.1. applicants may apply for
funds from either one. two or three annual funding awards. The maxi-
mum grant amount per application for one funding award, regardless of
the number of cities and counties included in the application, is five
hundred Ihotisand dollars ($500,000). The maximum grant amount per
application for up to three annual funding awards regardless of the num-
ber of cities and counties included in the application, is one million, five
hundred thousand dollars ($ 1 ,500,000). Funds applied for under Section
7062 are not included in these funding maximums. There is no maximum
amount for applications submitted under Section 7062 other than the
amount of funds set aside for this purpose. In the annual application pro-
cess, priority for funding will be given to applicants that received prior
State approval for a grant for the second or third year funding award.
These priorities are subject to the availability of federal funds and the sat-
isfactory performance by grantees. If federal funding to the State is insuf-
llcient to meet commitments for the second or third part of a two or three
year funding award, the Department will establish a procedure for award-
ing available funds based on previous rankings and program perform-
ance.
NOTE: Authority cited: Sections 50406(h) and 504()6(n). Health and Safety Code.
Reference: Section 50832(a), Health and Safety Code; and 42 U.S.C. 5306(d)(2).
History
1 . Amendment of subsection (e) filed 1-19-84; effecfive upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 84. No. 3).
2. Amendment of subsection (c) filed 2-22-85; effective upon filing pursuant to
Govemment Code Section 11346.2(d) (Register 85, No. 9).
3. Amendment of subsection (c)and Note; filed 7-31-96; operative 7-31-96 pur-
suant to Government Code section 1 1 343.4(d) (Register 96, No. 31).
4. Amendment of subsection (c) filed 4-25-2005; operative 5-25-2005 (Register
2005. No. 17).
§ 7065. Emergency Program Amendments.
(a) A grantee may make a written request to the Department to amend
or replace a project or activity set forth in a grant agreement with a project
or activity which would alleviate existing conditions which pose a seri-
ous actual or impending threat to the health or welfare of the community.
(b) Notwithstanding any other provision of this Subchapter, the De-
partment shall approve such a request and amend the grant agreement ac-
cordingly if the Department makes the following findings in writing:
(1 ) The grantee is located in an area for which the Governor has pro-
claimed either a "state of emergency" or a "'local emergency", as those
terms are defined in Government Code Section 8558. within 18 months
of the grantee's application under this section.
(2) The replacement project or activity is designed to alleviate existing
conditions which pose a serious actual or impending threat to the health
and welfare of the community;
(3) The grantee is unable to finance the project or activity on its own,
and other sources of funding are not available; and
(4) The replacement project or activity is otherwise eligible for fund-
ing under this Subchapter.
NOTE: Authoritv cited: Section 50406(h) and 50406(n). Health and Safety Code.
Reference: Sections 50407 and 50825. Health and Safety Code; 24 CFR
570.208(c). 24 CFR 570.483(d); and 24 CFR 570.489(a)(l)(i).
History
1. New secfion filed 5-19-99 as an emergency; operative .5-19-99 (Register 99.
No. 21 ). A Certificate of Compliance must be transmitted to OAL by 9-16-99
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 98. No. 44.
§ 7065.5. Emergency Disaster Assistance.
(a) Notwithstanding any provision in this Subchapter to the contrary,
in the event that the Governor proclaims either a "state of emergency" or
a "local emergency,'" as those terms are defined in Government Code
Section 8558, for a period not to exceed 1 8 months following the date of
the proclamation, the Department may make program funds available
through issuance of one or more special Notices of Funding Availability
Page 310
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
^ 7068
("NOFAs") U) otherwise eligible applicants located in the areas covered
by the proclamation pursuant to the Ibllowing special conditions:
( 1 ) The project or activity shall be designed to alleviate existing condi-
tions which poso a serious actual or impending ihreiii to the health or wel-
fare 1)1' tiie community.
(2) The applicant shall demonstrate that it is unable to finance the proj-
ect or activity on its own and that other sources of funding are unavail-
able.
{?<) The proposed project or activity shall be otherwise eligible lor
funding under this Subchapter, or eligible pursuant to HUD eligibility
criteria related to the emergency.
(b) In order to address the most serious, emergent health, safety, and
general welfare needs, the Department may adopt measures to direct
funding awards to designated project or activity types, or areas. These
measures may include, but are not limited to:
( 1 ) Limiting a NOFA to a designated type of project or activity, or geo-
graphic area.
(2) Awarding bonus points within a NOFA to a designated type of
project or activity, or geographic area.
(3) Reserving a portion of funds in a NOFA for a designated type of
project or activity, or geographic area.
(4) Establishing maximum award amounts per applicant, type of proj-
ect, or type of activity.
{5) Making funds available through an over-the-counter process,
meaning the Department continuously accepts and evaluates applica-
tions until funds are exhausted.
(c) To the extent necessary to address the most serious, emergent
health, safety and general welfare needs, and to expedite the process of
making awards, the Department may alter or waive the evaluation criteria
.set forth in Section 7062. 1 and Sections 7078 and 7078.7.
NOTF-: Authority cited: Section 50406, Health and Safetv Code. Reference: Sec-
tions .50406, 50407 and 50825, Health and Safety Code,'
History
I. New section tiled 4-5-2007 as an emergency: operative 4-5-2007 (Register
2007, No. 14). A Cenillcate of Compliance must be transmitted to OAL by
10-2-2007 or emergency language will be repealed by operation of law on the
following day.
§ 7066. Procedure for Continuation of Funding.
(a) Grantees with prior State approval for two or three year funding
awards shall notify the Department in writing by the final date for submit-
ting applications of their intent to continue the second or third year part
of their program. Failure by the Grantee to so notify the Departtnent will
be deemed a waiver of continued funding.
(b) Funding will be continued provided adequate funds have been re-
ceived by the Department from HUD, and the Grantee has performed in
accordance with the grant agreement. Disencutnbrance of funds not ex-
pended in accordance with the grant agreement and the performance
measures described in Sections 7078.4 and 7062.1(b)(7) shall constitute
satisfactory performance under the grant agreement.
(c) For a single year funding award 24-month contract, a grantee that
does not expend twenty-five percent (25%) of awarded dollars by the
1 2th month of the Program contract shall be sent a hold out letter for the
next funding cycle. A waiver frotn hold out status may be granted if the
grantee expends seventy-five percent (75%) of awarded dollars by the
18th month. If a grantee cannot make the 18th month expenditure mile-
stone, the grantee may avoid hold out status and a reduction in points in
future applications for failure to meet milestones if, at the Grantee" s re-
quest, the Department disencumbers funds from the Program contract
equal to the difference between what has been expended and 75% of
awarded dollars.
(d) For each progratn activity with multi-year funding awards, if a
grantee does not spend twenty-five percent (25^r) of an annual funding
award by the 12th month from award, the Department may disencumber
the difference between what was expended for that program activity and
the 25% milestone. If a grantee does not spend seventy-five percent
{157( ) of an annual funding award by the 1 8th month from award, the De-
partment may disencumber ihe dilTerence between what was expended
and the 75% tnilestone. All unexpended funds remaining 24 nu)iuhs from
an award shall be disencumbered by the Departtnent. A grantee that has
funds disencumbered after 24 months shall not be eligible to apply for
any additional funding in future application cycles, other than for the
original difference, if any, described in Section 7060 between the amount
of the annual award that was disencumbered and the tnaximum annual
award of $5()(),()()().
(e) For a multi-year fundi tig award for a single program specific activ-
ity, the grantee shall specify in its application the litnes that Progratn
funding will be needed. Department staff shall assign milestoties based
on the project's timeline shown in the application and the Departmetits
need for timely expenditure of CDBG funds. If a grantee does not meet
the tnilestones assigned to the project, the Department may diseticumber
funds up to the designated milestone.
NOTti: Authority cited: Sections 50406(hl and 5()406(n), Health and Salelv Code:
24 CFR 570.489(b). Reference: Sections 50406 and 50407. Health and Salet\
Code; 42 U.S.C. 5306(d)(2) and (3): 24 CFR 570.489 and 570.491 .
Hl.SIORY
1. Repealer of former subsection (a) and relettering of subsections (b) and ic) to
subsections (a) and (b) tiled f- 19-84: effective upon tiling pursuant toCu)\ern-
iTient Code .Section 1 1346.2(d) (Register 84. No. 3).
2. Amendment of subsections (a) and (b) and new subsections (c)-(c) filed
4-25-2005; operative 5-25-2005 (Register 2005. No. 17).
§ 7068. Administrative Cost Limitation.
Grantees may expetid up to seven and a half percent (71/2'/^ ) of the
grant arnouni for administrative costs, provided that such amounts are
justified for the type and complexity of the program, and that there ate
records to document these charges.
Activity delivery costs directly related to a specific activity are not part
of the general administrative costs. For example, the cost of a housitig re-
habilitation specialist is a rehabilitation cost and the legal costs relating
to property acquisition are acquisition costs.
Administrative costs may include, but are not limited to, the follow ing
categories:
(a) General administrative activities. Such costs for administration in-
clude:
(1 ) Salaries, wages, and related costs of the Grantee's statTengaged in
general tnanagement, general legal services, accounting, and auditing.
(2) Travel costs incurred in carrying out the general management of
the program.
(3) Administrative services performed under third-party contracts in-
cluding contracts for such services as general legal services, accounting
services, and audit services: and
(4) Other costs for goods and services related to the general tnanage-
ment of the program including rental and maintenance of ofllce space,
insurance, utilities, office supplies, and rental or purchase of office
equipment.
(b) Information and resources provided to persons in the targeted in-
come group, and to citizen organizations participating in the planning,
implementation, or assessment of the Grantee's program.
(c) Costs incurred forenvirontnental studies, including historic preser-
vation clearances, and specific environmental assessments and clear-
ances related to the CDBG Program.
(d) Fair housing activities to facilitate compliance with the require-
ments of Section 7084.
(e) Community development planning activities.
If a cost cannot be associated with one of the above listed groups and
cannot be associated with direct program costs, the Department shall
upon the grantee's request make a determination of whether it is an ad-
ministrative cost, a program cost, or an ineligible cost.
Note: Authority cited: Sections 50406(h) and 504()6(n), Health and Safetv Code.
Reference: 24 CFR 570.489; and Section 50833(c). Health and Safety Code.
History
1. Amendment filed 1-19-84; effective upon fdinu pursuant to Government Code
Section 11346.2(d) (Register 84, No. 3).
2. Amendment of first paragraph an<i NoTi filed 7-3 1 -96; operative 7-.^ 1 -96 pur-
suant to Government Code section 1 1 343.4(d) (Register 96, No. 3 1 ).
Page 311
Register 2007, No. 14; 4-6-2007
§ 7070
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7070. Contents of the Application.
Applicalions shall be submitted on forms prescribed by the Depart-
ment and shall consist of the following items and any other information
deemed necessary by the Department to judge the application. The spe-
cific forms and required information will be made available annually in
the NOFA and accompanying application packet. This information pro-
vides the basis for the evaluation in Section 7078 and includes the assur-
ances and agreements necessary for compliance with this subchapter.
Where a description or analysis includes quantified information, the
source of the information and the method of compulation must be de-
scribed. If the Department determines that the methods of computation
are inaccurate or misleading, it may,afterconsultation with the applicant,
adjust this information during the evaluation process.
NOTR; Authority cited: Sections 504()6(h) and 50406(n). Health and Safety Code.
Reference: Sections 50406 and 50407. Health and Safety Code.
HiSlORY
1 . Amendment filed 1-19-84; effective upon filing pursuant loGovemment Code
Section 1 1346.2(d) (Register 84. No. ?>).
2. Amendment filed 2-22-85; effective upon filing pursuant to Government Code
Section 1 n46.2(d) (Register 85, No. 9),
3. Amendment of first paragraph, repealer of subsections (aHc)(5) and amend-
ment of NoTi-. filed 7-31-96; operative 7-3 1-96 pursuant to Covemment Code
section 1 1343.4(d) (Register 96, No. 31).
§ 7072. Submission of General Allocation and Native
American Applications.
At least seventy (70) days prior to the due date for applicalions. the De-
partment will notify all eligible cities and counties of the anticipated level
of funding for the State program, and will provide them with a schedule
for filing applicalions. Applications must be received by the closing dale.
Each eligible applicant shall submit two (2) copies of its application to
the Department.
NOTE: Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code:
24 CFR 570.489. Reference: Sections 50406 and 50407, Health and Safety Code;
42 U.S.C. 5306(d)(2); 24 CFR 570.489.
History
\ . Amendmem filed 1-19-84; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 84, No. 3).
2. Amendment of section heading filed 2-22-85; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 83, No. 9).
3. Amendment filed 4-26-2002; operative 4-26-2002 pursuant to Government
Code section 1 1 343.4 (Register 2002, No. 17).
§ 7074. Preliminary Review of Applications.
After the final date for the receipt of applications, the Department shall
review each application for compliance with the provisions contained in
Sections 7056 and 7070 and for a general understanding of the proposed
projects. The Department will establish a schedule for applicants lo re-
spond to questions concerning their applications. These discussions will
be recorded, and shall be limited to a discussion of the contents of the
application. If there is a discrepancy between the applicant's written and
oral statements, the written information in the application shall prevail.
The Department may, in ils sole discretion, request additional informa-
tion lo complete or clarify what is contained in the application.
NOTE; Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code;
24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Safety
Code; 42 U.S.C. 5306(d)(2); 24 CFR 570.489.
§ 7076, Award of Funds.
(a) The Department will rate and fund applications based on all of the
activities in the application. Preliminary scores for each of the rating fac-
tors set forth in Section 7078 will be totalled by the Department, and
applicalions will be ranked according to point totals. In case of a tied
score, the application with the most points for the factor in Section
7078(a) shall receive the higher ranking. If the score remains lied after
this computation, the application with the most points for the factors in
Section 7078(b) shall receive the highest rating. The Department will es-
tablish a preliminary funding cutoff score based on the total amount of
funds available for grants. For applications above the cutoff score, the
Department will evaluate the activities in each application to determine
whether or not the total amount of funds requested for housing and re-
lated activities complies with the reqiiireinents of Section 7052, which
stales that at least iifty-one percent i5l9(') of the funds made available
through the State CDBG program must be used for the purpose of provid-
ing or improving housing opportunities for the targeted income group, or
for directly related purpo.ses, such as ihe construction of infrastructure.
Targeted income group residents receiving housing or housing related
benefits as a result of grants available as of that dale under Section 7062. 1
shall be included in the calculation of compliance with this provision. If
the requirement is not mel in the preliminary ranking, the Department
will determine a method of increasing ihe ainount of funding for housing
activities.
(b) In the event there are insufficient funds to fund an applicant's
whole program, this applicant will be offered the amount of funds avail-
able, provided it is sufficient to complete all or a complete portion of an
activity which, if evaluated separately, would have been awarded funds.
(c) The Department may condition its award of funds in order to
achieve the purposes of this subchapter and to ensure compliance with
applicable State and federal law.
(d) The Department will complete the ranking process within eighty
(80) days from the final date for submitting applications. Applicants will
be notified in writing of point scores, fund awards, any grant conditions,
and any adju.stments made to comply with the requirement in Section
7052 that at least fifty-one percent (51%) of the Stale program funds be
used for housing development and related iinprovements. Successful
applicants have thirty (30) days from the date grant agreements are
mailed by the Department to execute the grant agreements and return
them lo the Department and to comply with the provisions in Section
7056. The Department shall return to grantees a fully executed copy of
the grant agreement provided the State has received funding authoriza-
tion from HUD. Grantees shall not incur costs against the grant agree-
ment prior to the dale the agreeineni is signed by the State without prior
State approval. If the State has not received this authorization from HUD
by the time the grantee has forwarded lo the Department the grant agree-
ment executed by the grantee, the Department may withhold their execu-
tion of the agreements until this authorization is received. In the event an
approved applicant elects not to participate in the Program or does not
comply with the provisions in Section 7056, the unfunded applicant re-
ceiving the highest score will be offered a grant award, provided the re-
quirements of Section 7052 are met.
NOTE: Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code;
and 24 CFR 570.489(b). Reference: Sections 50406. 50407 and 50828, Health and
Safety Code: 42 U.S.C. 5306(d)(2); and 24 CFR 570.489.
History
1 . Amendment filed 1-19-84; effecfive upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 84, No. 3).
2. Amendment filed 2-22-85; effective upon filina pursuant to Government Code
Section 1 1 346.2(d) ( Register 85, No. 9).
3. Amendment of subsection (a) filed 4-26-2002; operative 4-26-2002 pursuant
to Government Code section 1 1343.4 (Register 2002, No. 17).
§ 7078. Evaluation Criteria.
All applications are gi ven quantitative ratings and ranked against each
other. In rating joint applications, information for the combined needs of
all participating localities will be used for the purpose of evaluating these
pursuant to this section. Points are assigned according to the criteria spe-
cified in Sections 7078.1, 7078.2, 7078.3, 7078.4, 7078.5. 7078.6, and
7078.7. The maximum score possible is 1,000 points. The total number
of points in the rating system is allocated as follows:
(a) Poverty Index — a maximum of one hundred (100) points.
(b) Targeted Income Group Benefit — a maximum of three hundred
(300) points.
(c) Need for Activity — a maxiinum of two hundred (200) points.
(d) Capacity — a maximum of one hundred and fifty (150) points.
(e) PerforiTiance — a maximum of one hundred and fifty (150) points.
(f) Leverage — a maximum of fifty (50) points.
(g) Stale Objectives — a maximum of fifty (50) points.
NOTE: Authority cited: Sections 50406(h) and 50406(n), Health and Safely Code.
Reference: Sections 50406 and 50407. Health and Safety Code.
Page 312
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
5^ 7078.3
History
1 . Aniciulmcnt filed 2-22-X5: ct't'cetivc upon filing pursuant to Government Code
Section I 1 346.2(d) (Rcgislcr 85. No. 9).
2. Amendment of section and Nori filed 7 31-96; operative 7-31-% pursuant
to Government Code section 1 1343.4(d) (Register 96. No. 31 ).
§ 7078.1 . Poverty Index (1 00 points).
The Dcparlnicnl will compare all applicanLs in terms ofthe percentage
of Iheir population with incomes below the poverty level as defined in the
latest available decennial census. The Department will cornpute individ-
ual scores by dividing each applicant's percentage of poverty persons by
the highest percentage of poverty persons of any applicant and multiply-
ing by 100. Applicants who elect to target their local program to fewer
census tracts, or census block groups, than there are in their Jurisdiction,
shall receive scores based on either those targeted tracts or all the tracts,
w hichever results in a higher point score. In unuacked counties, enumer-
ation districts shall be used i1' the use of such data will result in a higher
score for the applicant.
NOTI,; Authority cited: Sections .S()4()6(h) and .504()6(n), Health and Safety Code.
Relerence: Sect'ions ,50406 and 50407. Health and Safety Code: and 42 U.S.C.
5.M)6(d)(2).
History
1 . Amendment filed 2-22-85: effective upon filing pursuant to Govemnienl Code
Section 1 I.M6.2(d). (Register 85. No. 9).
2. Amendment of section and N(nT filed 7-31-96: operative 7-31-96 pursuant
to Government Code section 1 1343.4(d) (Register 96. No. 31).
S 7078.2. Targeted Income Group Benefit (300 points).
All applications shall be scored and ranked using the following meth-
odology:
Extent to which the projects and activities will benefit the targeted in-
come group (TIG) (a maximum of 300 points). The Department will as-
sign points for benefit based on the percentage of total program funds that
would benefit the targeted income group. Applicants that demonstrate
the greatest benefit to the targeted income group receive the most points.
(a) The inethod of computing the amount of funds that benefit the tar-
geted income group will vary depending on the type of activity, as fol-
lows:
(1) For activities that provide benefits directly to individual house-
holds, such as housing rehabilitation activities, the methods of determin-
ing benefit are:
A. if there are income eligibility limits for the beneficiaries ofthe ac-
tivity and these limits do not exceed the targeted income group limits for
each household size, the percentage of benefit for this project or activity
is 100.
B. If there are no income eligibility limits or if the income eligibility
liinits exceed the targeted income group limits, the number of house-
holds, by household size, within these limits shall be estimated by the
applicant to determine the percentage of benefit. To receive scoring cred-
it for the staled estimate, the application must describe the methodology
used in arriving at the estimate. Statistically valid sampling or data from
a reliable third party, such as the U.S. Census Bureau, will be accepted.
The Department shall make available methodologies for conducting
saiDpling which it considers statistically valid. Applicants using method-
ologies other than those described by the Department inust demonstrate
the validity of their alternative tnethodology. The Department, at its sole
discretion, will assign a need score based upon methodologically sound
data as contained within the application. In the absence of methodologi-
cally sound data, the Department may rely upon available census data to
establish a score.
(2) For activities that provide services or benefits to residents of a geo-
graphic area rather than to individual households, such as a public facili-
ties activity, the applicant's method of determining benefit will be to esti-
mate the percentage of all households in the service area that have
incomes below the targeted income group limits. If data for income is not
available by household size, this estimate will be based on the targeted
income group limit for a family of four. To receive scoring credit for the
staled estimate, the application must describe the methodology used in
arriving at the estimate. Statistically valid sampling or data from a reli-
able third party, such as the U.S. Census Bureau, will be accepted. The
Department shall make available methodologies for conducting saii)-
pling which it considers statistically valid. Applicants using methodolo-
gies other than those described by the Department must demonstrate the
validity of their alternative methodology. The Depariineni. at its sole dis-
cretion, will assign a need score based upon methodologically sound data
as contained within the application. In the absence of iDethodologically
sound data, the Department may rely upon available census data to estab-
lish a score.
(b) The point score for the percentage of funds in each application that
benefits the targeted income group will be computed by the Department
for each activity as follows:
( 1 ) The amount of funds to benefit the targeted incon)e group lor each
activity is determined by dividing the number of households in this in-
come group to be benefited by the total number of hou.seholds to benefit
from the activity and multiplying by the amount of funds requested tor
the activity.
(2 ) To compute the percentage of funds benefiting the targeted income
group, the amounts determined for each activity are added together and
divided by the total amount of requested funds. This number, multiplied
by 100, is the overall percentage of funds benefiting households in the
targeted income group.
(3) To coinpute the actual number of points to be awarded to the appli-
cant, the number fifty-one (5 1 ) is subtracted from the overall percentage
of households in the targeted income groups benefiting froin the activity,
and the result is inultiplied by seven and sixty nine hundredths (7.69).
This product is the number of points, rounded to the nearest whole inte-
ger, assigned the application for the extent of benefit to the targeted in-
come group. If the product is 301 or inore points, the amount ol points
awarded shall be 300 points.
NOTE: Authority cited: Sections 50406(h) and 5()406(n). Health and Safety Code.
Reference: Sections 50406 and 50407, Health and Safely Code; and 24 CKR
570.489.
History
1 . Amendment filed 1 -1 9-84: effective upon filinL' pursuant to Government Code
Section 1 1 .346.2(d) (Register 84, No. 3).
2. Amendment filed 2-22-85; effective upon filins pursuant to Government Code
Section 1 1346.2(d) (Register 85, No. 9).
3. Amendment of section heading, repealer of subsection (a) designator and
amendment of first paragraph, redesignation of former subsections
(a)(l)-(a)(l)(B) as subsections (a)-(a)(2), amendment of newly designated
subsections (a)( 1)B. and (a)(2). repealer of former subsection (a)( I )(C). rede-
signation of former subsections (a)(2)-(a)(2)(C) as subseeiions (b)-(b)(3),
amendment of newly designated .subsection (b)(3). renumbering of former sub-
section (b) to first paragraph of new section 7078.3. repealer of sub.seciit)ns
(b)( I )-(b)(4)(G). and repeaierand new N(n>, (lied 7-3 1-96; operative 7-3 1-96
pursuant to Government Code section I 1343.4(d) (Register 96. No. 31 ).
4. Amendinent of subsection (b)(3) filed 4-26-2002; operative 4-26-2002 pur-
suant to Government Code section I 1.343.4 (Register 2002. No. 17).
§ 7078.3. Need for Activity (200 points).
The Department will assign points ba.sed on the seriousness ofthe lo-
cality's coinmunity development needs, and the impact the program will
have on those needs using the following criteria:
(a) Need for community development assistance (200 points). The De-
partment will evaluate each applicant's needs based upon the extent to
which:
( 1 ) The need for the program is well-documented, and the prograin ad-
dresses needs which are basic and serious;
(2) Most or all ofthe funds address basic and serious community de-
velopment needs and these needs are inore crucial than the needs ol' other
applicants;
(3) The program resolves completely or to a large degree basic and se-
rious community development needs.
(b) For the following activities, the Department shall evaluate the fac-
tors stated below in establishing a need score:
(I) For housing rehabilitation activities: The Department shall as.sess
the relative condition of local housing stock based on data requested and
described within the annual Notice of Funding Availability. The Depart-
ment shall accept supplemental information regarding housing stock
Page 313
Register 2007, No. 14; 4-6-2007
§ 7078.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
condition. The Department shall assign competitive points based upon
its evaluation of the supplemental data. An applicant may designate a tar-
get area wherein the rehabilitation will occur and data tor those areas, in
addition to community-wide information, will be evaluated in assessing
need.
(2) For public works projects: The Department shall assess the relative
severity of the health and safety problem to be addressed and the likeli-
hood that the funds requested will .substantially reduce or eliminate the
problem. Those applications with strong third party documentation, in-
cluding ranking on other agencies' funding lists, and orders from govern-
mental agencies, will be more competitive.
(3) For new construction projects: The Department shall assess the rel-
ative need for new construction based on data requested and described
in the annual Notice of Funding Availability. The Department shall ac-
cept supplemental information regarding new construction needs. The
Department shall assign competitive points based upon its evaluation of
the supplemental data.
(4) For community facilities and public services activities: The De-
partment shall assess the relative need for community facilities and pub-
lic services based on: (i) the severity of the problem being addressed: and
(ii) the extent to which the proposed action would solve the problem.
Those applicants providing strong third-party documentation of the
problem, including but not limited to waiting list information, ranking on
other agencies' funding lists, and orders from governmental agencies.
will be more competitive.
The Department will evaluate the above factors and assign points
based upon the relative severity of each factor among all applicant com-
munities.
NOTE: Authority cited: Sections 50406(h) and 50406(n). Health and Safety Code.
Reference: Sections ,50406 and 50407, Health and Safety Code: and 24 CFR
570.489.
History
1. Renumbering of former section 7078.3 to new section 7078.6. new .section
heading, renumbering of former section 7078.2(b) to first paragraph of new sec-
tion 7078.3, and new subsections (a)~(b)(4), closing paragraph and Noth filed
7-3 1-96; operative 7-3 1-96 pursuant to Government Code section 1 1 343.4(d)
(Register 96, No. 31).
§ 7078.4. Prior Performance Operating CDBG Grants (150
points).
(a) The Department shall rate applications based on the applicant's
performance in administering non-economic development grants for
grants funded within the four (4) program years preceding the program
year under which the application has been submitted. Applicants that
have not received a non-economic development grant during this period
shall be rated on their capacity to administer a CDBG grant as set forth
in section 7078.5 below.
(b) The Department shall give greater weight to performance under the
general allocation and Native American grants than to performance un-
der planning and technical assistance grants.
(c) The Department shall rate applicant's performance based on the
following criteria:
( 1 ) For a prior single year funding award 24 month contract, a competi-
tive applicant will have expended at least twenty five (25%) of awarded
dollars by the twelfth month of the Program contract and at least seveniy-
five percent (75%) by the eighteenth (18th) month.
(2) For each program activity with multi-year funding awards, a grant-
ee that has more than 50% of a prior annual funding award disencum-
bered pursuant to subsection (c) of Section 7066 will be subject to nega-
tive performance points.
(3) For a project-specific multi-year funding award, a grantee that has
had more than 50% of a prior annual funding award disencumbered pur-
suant to subsection (d) of Section 7066 will be subject to negative perfor-
mance points.
(4) For all CDBG activities from open grants, the most competitive ap-
plicants will have expended a larger percentage of the awarded dollars
than as set forth in this section.
(5) For all CDBG activities described within this section, competitive
applicants will have expended all dollars and concluded all work by the
date specified in the CDBG contract with the State, If there are delays in
expenditures, circumstances must be described to the Department, in
writing,atthetimeofthedelay.lf the Department previously has advised
the jurisdiction in writing that there will be no performance con.se-
quences as a result of the delay, then the jurisdiction will not beat a com-
petitive disadvantage.
(d) The Department shall also rate applications based on the appli-
cant's timeliness in reporting lo the Department, pursuant to Section
7110. The most competitive applicants will have submitted all required
reports for past non-economic development grants to the Department in
accordance with deadlines established and publicized by the Depart-
ment. Such reports include, but are not limited to annual grantee perform-
ance reports, quarterly or other periodic reports, and close out reports.
(e) The Department shall also rate applications based on the appli-
cant's timeliness in resolving audit and monitoring findings, if any.
Where a jurisdiction demonstrates a good faith attempt to resolve out-
standing issues, they will not suffer a competitive disadvantage.
(f) Applicants with no CDBG grant experience within the timeframe
described in 7078.4(a), will be at no competitive disadvantage compared
to those applicants who have met but not exceeded their milestones and
will receive all of the available performance points, except those points
awarded under Section 7078.4(c)(4).
(g) The Department shall also rate applications based on the appli-
cant's timeliness in clearing special conditions or starting the project.
NOTE: Authority cited: Sections 50406(h) and 50406(n), Heahh and Safety Code,
Reference: Sections 50406 and 50407. Health and Safety Code; and 24 CFR
570.489.
History
1 . New section filed 7-31-96; operative 7-31-96 pursuant to Government Code
section ] 1343.4(d) (Register 96, No. 31).
2. Amendment filed 4-26-2002; operative 4-26-2002 pursuant to Government
Code section 1 1 343.4 (Register 2002, No. 1 7).
3. Repealer and new subsections (c)(])-(3) filed 4-25-2005; operative
5-2.5-2005 (Register 2005, No. 17).
§ 7078.5. Capacity (1 50 points).
(a) If the applicant has administered a CDBG grant within the time
frame set forth in paragraph 7078, 4(a) above, they will be deemed to have
some capacity to administer the proposed activity and will receive up to
1 00 points. If the applicant has not administered a CDBG grant within the
time frame set forth in paragraph 7078.4(a) above, the application will
be evaluated based on the following criteria:
( 1 ) The applicant currently has staff with the capability or experience
to administer the funds being applied for as demonstrated by resumes and
descriptions of duties included as part of the application; or
(2) The applicant has contracted with, or will contract with a subcon-
tractor that has the capacity or experience to administer the funds being
applied for. The applicant shall include either an executed copy of a con-
tract between the applicant and the subcontractor, or a copy of a signed
letter of interest to enter into a contract from the proposed subcontractor.
(b) The applicant can demonstrate an increased level of capacity by
completing and documenting actions that make the proposed project
ready to proceed. Applicants that document actions or activity directly
linked to the proposed project or prograin will be awarded up to 50 points.
Readiness to proceed may be demonstrated by such factors as: docu-
mented commitments from all funding sources to the project; completion
of environmental reviews; site control; procurement of a program opera-
tor.
NOTE: Authority cited; Sections 50406(h) and 50406(n), Health and Safety Code.
Reference: Sections 50406 and 50407, Health and Safety Code; and 24 CFR
570.489.
History
1 . New section filed 7-31-96; operafive 7-31-96 pursuant to Government Code
section 11 343.4(d) (Register 96, No. 31).
2. Amendment filed 4-26-2002; operative 4-26-2002 pursuant to Government
Code section 11343.4 (Register 2002, No. 17).
Page 314
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
^ 7084
55 7078.6. Leverage (50 points).
(ii) The Dcpaiinicni shall rate apphcaiions based on private and loeal
eovemniental coniniitments to provide additional resourees whieh will
be direetly linked to the proposed projeet or program. To be eonsidered
for rating under this section, a commitment must be in writing, specify
the dollar amount committed and. in the case of a governmental entity,
be accompanied by an anthori/ing resolution from the governing board.
Redevelopment agencies and counties providing resources to a city-
sponsored program or project shall be considered local governmenl tor
purposes olthis section. Federal or state Hinds being passed through a pri-
vate entity shall not be considered a commilmenl. For competitive pur-
poses, the Department will evaluate private leverage by comparing com-
mitted dollars among applications tor ihe same activity.
(b) For non-moneiary commitments from a local government, such as
a relaxation of regulatory requirements, the Department, in its sole dis-
cretion, shall rate each jurisdiction in comparison with its competitors on
the extent to which they contribute to the project's objectives. For com-
petitive purposes, the Department will evaluate local regulatory relief by
comparing kKal actions among applications for the same activity.
(c) Local government commitments shall be separated into groups
based on applicants" relative tax bases. Groupings shall be calculated an-
nually based on the information on local revenues contained in the most
recently published Financial Transactions Concerning dries and Coun-
ties of California published by the State Controller. These groupings
shall he announced in the annual Notice of Funding Availability.
No ri:: Aiiihoriiy cited: Sections 5()4()6(h) and .'S0406(n), Health and Safety Code.
Rctercnce: Sections S0406 and S0407. Health and Safety Code: and 24 CFR
.S7().489.
History
1. Renumbering of former section 7078..^ to new section 7078.6, amendment of
.section heading, repealer of first paragraph and subsections ta)-(e) and Notk
and new subsections (aMc) and NoTi filed 7-31-96; operative 7-31-96 pur-
suant to Govemment Code section 1 1343.4(d) (Register 96, No. 31 ).
§ 7078.7. State Objectives (50 points).
(a) The Department may award an application up to 50 points for ad-
dressing one or more state objecdves as identified in the annual CDBG
NOFA.
(b) Department selection of state objectives shall be based on one or
more of the following:
( 1 ) Emergent circumstances such as natural disaster or economic dis-
location.
(2) Imbalance among the types of activities funded in prior years"
awards such as housing rehabilitation programs compared to public in-
frastmcture projects.
(3) Imbalance in the geographic distribution of funds in prior years"
awards.
(4) imbalance in the population served in prior years" awards such as
smaller jurisdictions compared lo larger jurisdictions, general program
beneficiaries compared to special needs groups such as farm workers, un-
der-trained work force, or historically unsuccessful or inactive appli-
cants compared to active, successful applicants.
(5) Federal funding priorities as publicly announced by HUD.
(6) Housing and community development needs or objectives identi-
fied in the annual Consolidated Plan required by HUD.
NOTF,: Authoritv cited: Sections 5()406(h) and .'S0406(n), Health and Safetv Code.
Reterence: Sections 50406 and .50407, Health and Safety Code; 42 U.S. C,
3.306(d)(2); and 24 CFR 570.483(b).
History
1. New section filed 7-31-96; operative 7-31-96 pursuant to Govemment Code
section 1 1343.4(d) (Register 96, No. 31).
Article 3. Other Program Requirements
§ 7080. Citizen Participation.
Each applicant shall provide opportunities for the participation of all
persons who inay be affected by the program, especially persons with in-
comes in the targeted income group. The opportunity to participate shall
be available, at minimum, during the following phases of the program:
program design and preparation of the application; the preparation of the
annual perforinance report required in Section 71 10: the preparation ol'
any program amendments which constitute a reallocation of more than
ten percent ( 1 09i ) of the total program budget; and the preparation of any
program ainendments which constitute changes in policies, standards, or
criteria for program impletnentation. A minimum of one public meeting
is required at each of the program phases listed above. In addition, each
applicant shall hold a minimum of one public hearing prior to submitting
the application to the Department. The applicant shall provide for public
notice prior to each meeting and public hearing and shall make program
information available to the public prior to these meetings and hearings.
Applicants shall use standard legal and other forms of notice including
bilingual notice in areas with concentrations of non-English speaking
minorities.
Applicants shall invite written comments on the propo.sed program
and shall write a reply to any comments received. This written correspon-
dence shall be maintained as a part of the public record and copies shall
be submitted to the Departinent along with the application. The IX'pari-
ment will respond within thirty (30) days to all correspondence written
directly to the Department regarding an applicant's program. Applicants
shall maintain a file of documents relevant to their block grant program,
including proposed activities and final application, minutes of public
meetings and hearings, copies of public notices and performance re-
views; these documents shall be available to the public during normal
working hours. Citizens shall be provided full and timely access to pro-
gram records and information in a manner consistent with applicable
laws regarding personal privacy and obligations of confidentiality.
NOTE: Authority cited: Sections 50406(h) and 50406(n). Health and Satelv Code;
24 CFR 570.489(b). Reference: Sections 50406 and 50407. Health and Satelv
Code: 42 U.S.C. 5304(a) and (b), and 5306(d)(2); 24 CFR 570.489.
§ 7082. Environmental Reviews.
The grantee shall assume the responsibility for environmental review,
decision-making and all other actions required under the California En-
vironmental Quality Act of 1970 (CEQA). Public Resources Code 2 UKK)
et seq.; and the National Environmental Policy Act of 1969 (NEPA). 42
U.S.C. 4321 etseq.
In order to ensure compliance with NEPA, grantees shall assume the
responsibilities for environmental review and decision making following
the procedures for "recipients"" of Block Grant funds as set forth in 24
CFR, Part 58. entiUed "Environmental Review Procedures for Title 1
Community Development Block Grant Programs."" The Department
shall assume ihe responsibilities set forth in Subpart C of 24 CFR, Part
58 and fulfill the State's role under Subpart J of 24 CFR, Part 58.
NOTE: Authority cited: Sections 50406(h) and 504()6(n ), Health and Safetv Code.
Reference: Section 50406 and 50407. Health and Safetv Code; Section 2 1 ()()() el
seq.. Public Resources Code; 42 U.S.C. 4321 et seq.; 42 U.S.C. 5304(l')(4); and
24 CFR, Part 58.
History
1. Repealer of subsection (a) and subsection (b) designator and amendment of
Note filed 7-31-96; operative 7-3 1-96 pursuant to Government Code section
1 1343.4(d) (Register 96, No. 3 1 ).
§ 7084. Nondiscrimination.
(a) Discrimination prohibited. No person shall, on the grounds of race,
color, religion, ancestry, marital status, physical handicap, national ori-
gin, sex, or any other arbitrary basis be excluded from participation in,
be denied the benefits of. or be subjected to discrimination under, any
program or activity funded in whole or in part with CDBG funds made
available pursuant to this subchapter. All grantees shall comply with the
requirements contained in 24 CFR 570.601, 570.602, 570.607.
570.506(g).
NOTE: Authority cited: Section 504()6(h) and 50406(n). Health and Safety Code.
Reference: 24 CFR 570.506(g), 570.601. 570.602. 570.607.
History
1. Amendment of subsection (a), repealer of subsections (b)-(d)(2) and amend-
ment of NOTK filed 7-3 1 -96; operative 7-3 1-96 pursuant to Govemment Code
section 1 1 343.4(d) (Register 96. No. 3 1 ).
Page 315
Register 2007, No. 14; 4-6-2(K)7
§ 7086
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7086. Relocation and Acquisition.
The provisions of the Uniform Relocation Act, as amended, 49 CFR
Part 24, and 42 U.S.C. 5304(d) shall be followed where any acquisition
of real property is carried out by a grantee and assisted in whole or in part
by funds allocated pursuant to this subchapter. In addition, where the re-
habilitation of residential rental units results in increased rents for mem-
bers of the targeted income group, the grantee shall also comply with the
requirements of the above-cited sections of federal law. Relocation ex-
penses which may, by law, be paid are eligible expenses for use of CDBG
funds.
NOTE; Authority cited: Sections 504()6(h) and 50406(n). Health and Safetv Code.
Reference: 42 U.S.C. 53()4(d).
Hl.STORY
1. Amendment of section and Noxi. filed 7-31-96: operative 7-.31-96 pursuant
to Government Code section 1 1.343.4(d) (Register 96, No. 31 ).
§ 7088. Labor Standards.
(a) All laborers and mechanics employed by contactors or subcontrac-
tors on constiTJCtion work assisted pursuant to this subchapter shall be
paid by wages at rates not less than those prevailing on similar construc-
tion in the locality as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act, as amended (40 U.S.C. 276(a) to 276(a)(5)),
and shall receive overtime compensation in accordance with and subject
to the provisions of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333), and the contractors and subcontractors shall com-
ply with all regulations issued pursuant to these Acts and with other
applicable federal laws and regulations pertaining to labor standards.
This section shall apply to the rehabilitation of residential property only
if such property is designed for residential use of eight or more families.
The Secretary of Labor has, with respect to the labor standards specified
in this section, the authority and functions set forth in Reorganization
Plan Number 14 of 1950 (5 U.S.C. 133z-15), and Section 2 of the Act
of June 13. 1934, as amended (40 U.S.C. 276(c))
(b) Grantees shall also assume all responsibilities for compliance with
the provisions of Cal. Labor Code, Section 1720 et seq., regarding State
labor standards compliance for Public Works as defined in Cal. Labor
Code, Section 1720.
NOTE; Authority cited; Sections 50406(h) and 50406(n). Health and Safety Code:
24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Safety
Code: Section 1720 et seq, of the Labor Code; 1 8 U.S.C. 874; 40 U.S.C. 276(a) to
276(aK5) and 276(c); 40 U.S.C. 327 to 333; 42 U.S.C. 5310; 24 CFR 570.489 and
570.496(c).
§ 7090. Architectural Barriers Act of 1968.
fivery building or facihty, other than a privately-owned residential
staicture. designed, constructed, or altered with funds made available
pursuant to this subchapter, shall coinply with the requirements of 24
CFiR Parts 40 and 4 1 issued pursuant to the Architectural Barriers Act of
1968 (42 U.S.C. 4151).
NOTE; Authority cited: Sections 50406(h) and 504()6(n), Health and Safety Code;
24 CFR 570.489(b). Reference: Sections 50406 and 50407. Health and Safety
Code; 42 U.S.C. 4151 ; 24 CFR. Parts 40 and 41 ; 24 CFR 570.489.
§ 7092. Hatch Act.
Neither the Community Development Block Grant Program nor the
funds provided therefor, nor the personnel employed in the administra-
tion of the program shall in any way or to any extent engage in the con-
duct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
NOTE; Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code;
24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Safety
Code; 5 U.S.C. 1501 et seq.; 24 CFR 570.489.
§ 7094. Lead-based Paint Poisoning Prevention Act.
CDBG grantees must comply with HUD's Lead-Based Paint Regula-
tions (24 CFR, Part 35) issued pursuant to the Lead-Based Paint Poison-
ing Prevention Act (42 U.S.C. 483 1 et seq. ) requiring prohibition of the
use of lead-based paint, whenever funding awarded pursuant to this sub-
chapter is used directly or indirectly by the grantee for construction, reha-
bilitation, or modernization of residential structures, elimination of im-
mediate lead-based paint hazards in residential structures assisted
pursuant to this subchapter, or the notification of the hazards of lead-
based paint poisoning to purchasers and tenants of residential structures
constructed prior to 1950 and funded under the CDBG program.
NOTE; Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code;
24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Safety
Code: 42 U.S.C. 4831 el seq.; 24 CFR, Pan 35; 24 CFR 570.489 and 570.496(f).
^ 7096. Use of Debarred, Suspended, or Ineligible
Contractors or Subrecipients.
CDBG funds shall not be used directly or indirectly to einploy, award
contracts to. or otherwise engage in the services of, or fund any contractor
or subrecipient during any period of debarment, suspension, or place-
ment in ineligibility status under the provisions of 24 CFR. Part 24. "'Sub-
recipients" includes eligible entities under 24 CFR Part 570.204(a)(2) or
private entities as described under 24 CFR 570.202(c)(1).
NOTE; Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code;
24 CFR 570.489(b). Reference: Sections .50406 and 50407, Health and Safetv
Code; 24 CFR. Pan 24; 24 CFR 570.204(a)(2); 24 CFR 570.202(c)(1); 24 CFR
570.489.
Article 4. Grant Administration
§ 7098. Cash Depositories.
Grantees are not required to establish physical separation of cash de-
positories for State CDBG funds. Grantees shall establish and maintain
all accounts in accordance with 24 CFR 570.489(d)(2)(iii) and 24 CFR
85.20 et. seq.
NOTE; Authority cited: Sections 50406(h) and .50406(n), Health and Safety Code.
Reference: 24 CFR 570.489(d)(2)(iii) and 85.20 et. seq.
History
1. Amendment of section and NoTt: filed 7-31-96; operative 7-31-96 pursuant
to Government Code section 1 1 343.4(d) (Register 96, No. 31 ).
§7100. Bonding.
Grantees shall comply with all bonding requirements described in 24
CFR 85.36(h).
Note; Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code.
Reference: 24 CFR 85.36(h).
History
1 . Amendment of .section heading and first paragraph filed ,3^-87; effective upon
filing pursuant to Government Code Section 1 1 346.2(d) (Register 87, No. 10).
2. Repealer and new section and amendment of Note filed 7-31-96; operative
7-31-96 pursuant to Government Code section 11343.4(d) (Register 96. No.
31).
§ 7102. Retention and Custodial Requirements for
Records.
The grantee shall retain financial records, supporting documents, sta-
tistical records, and all other records pertinent to a grant in accordance
with 24 CFR 570.502(a)(16) and 24 CFR 85.42.
NOTE: Authority cited: Sections 50406(h) and 50406(n), Health and Safety Code.
Reference: 24 CFR 570.502(a)( 16) and 85.42.
History
1. Repealer of subsection (a) designator, amendment of former subsection (a), re-
pealer of subsections (a)(l)-(e) and amendment of Note filed 7-31-96; opera-
tive 7-31-96 pursuant to Government Code section 1 1343.4(d) (Register 96,
No. 31).
§ 7104. Program Income.
(a) "Program Income" means gross income earned by the grantee from
grant-funded activities as defined in 24 CFR Section 570.489(e).
(b) Grantees shall account for and disburse program income related to
projects financed in whole or in part with grant funds pursuant to 24 CFR
Section 570.489(e).
(c) Grantees shall account for disbursement of program income annu-
ally or more frequently as required by the Department for cause.
Note; Authority cited: Secfions 50406(h) and 50406(n), Health and Safety Code.
Reference: 24 CFR 570.489(e).
History
1 . Amendment filed 1 -1 9-84; effective upon filing pursuant to Government Code
Section 1 1.346.2(d) (Register 84, No. 3).
Page 316
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
5^7114
2. Kcpcalci of subsections (aHj). new subsections (aHc) and aniendnient of
Noil tiled 7-31-96: operative 7-31-% pursuant to Government Code section
1 1343.4(d) ( Register %. No. 31).
§ 7106. Standards for Grantee Financial Management
Systems.
Grantees shall establish and maintain their rinancial management sys-
tems for CDBG grants in aeeordance with 24 CFR 85.20 el. seq.
NOM.. Aulhoritv cited: Sections .S()4()6(h) and 5()406(n), Heahh and Satctv Code.
Reference: 24 CFR 8.^.20 el. seq.
hhsrORY
1. Repealer ol subsections (a)-(b). new section and amendnieni of Non. tiled
7-3 1-96: operative 7-3 i-96 pursuant to Government Code section 1 1343.4(d)
(Register 96. No. 31).
§ 7108. Financial Reporting Requirements.
Grantees shall report at least annually on financial mailers as required
by 24 CFR 85.41.
No rt:: Authorilv cited: Sections .S()4()6(h) and .'>()4()6(n). Health and Saletv Code.
Relerence: 24 CFR 85.41.
Hl.SrOKY
1. Amendnient ol subsections (a) (6) and (e) tiled 1-19-84; et'tective upon filing
pursuant to Government Code Section 1 1346.2(d) (Register 84. No. 3).
2. Amendment of first paragraph, repealer of subsections (a)-(l") and amendment
of Nori: Hied 7-31-96: operative 7-31-96 pursuant to Government Code sec-
tion M.M3.4(d) (Register 96. No. 31 ).
§ 7110. Monitoring and Reporting of Program
Performance.
(a) Grantees shall monitor the performance of grant-supported activi-
ties to assure that time schedules are being met and the milestones in the
work schedule are being accomplished. This review shall be made for
each activity in the approved grant agreement.
(b) Each grantee shall prepare annual and periodic performance re-
ports. Except as provided for in subdivision (d) below, performance re-
ports shall not be required more frequendy than quarterly unless war-
ranted by special circumstances.
(c) The performance report for each activity shall ciescribe the follow-
ing:
( 1 ) A description of actual accomplishments compared to the objec-
tives established for the reporting period. In addition, where the results
of activities can be quantified, unit costs shall be reported.
(2) Reasons why established objectives were not met.
(-3) Other information such as a specific explanation of cost overnjns
or high unit costs.
(d) Between the required performance reporting dates, events may oc-
cur which have an impact upon the activity or program. In such cases, the
grantee shall inform the Departinent in writing as soon as the following
occur:
( 1 ) Problems, delays, or adverse conditions which will affect the grant-
ee's ability to attain program objectives, prevent the meeting of time
schedules or goals, or preclude the attainment of work units by the estab-
lished time period. This reporting shall be accompanied by a statement
of the action taken or contemplated, and any assistance needed, to resolve
the situation.
(2) Completion of each milestone in the work schedule.
(e) [fa performance review conducted by a grantee discloses the need
for change in the budget estimates in accordance with the criteria estab-
lished in Section 71 14, the grantee shall submit a request for budget revi-
sion pursuant to that section.
(f) The Department will make site visits to review program accom-
plishments and management control systetns, and to or provide program
assistance.
(g) The Departinent will review each grantee's performance to deter-
mine whether:
( 1 ) the grantee has carried out the program as described in its applica-
tion;
(2) the program complies with this subchapter and other applicable
laws and reculaiions; and
(3) the grantee has the continuing capacity to complete the approved
program according to titne schedules approved by the Department.
If performance is found not to be in conformance with the grant appli-
cation, agreement, or approved amendments, the Department may re-
quire corrective or remedial actions, or may recall or disencumber grant
funds.
NOTE: Authority cited: Sections .■=i()4()6(h) and .•S()4()6(n) and .50407. Heaidi and
Safety Code. Reference: 24 CFR 8.-s.4().
HlSfORY
1. Amendment of subsections (b) and (d) filed 2-22-8.5: effective upon filing pur-
suant to Government Code Section 1 1346.2(d) (Register 85. No 9)
2. Amendment of subsection (b) and Not: filed 7-3 1-96: operative 7-31 96 pur-
suant to Government Code section I 1343.4(d) (Register 96. No. 31 1
§ 7112. Grant Payment Requirements.
(a) Grant payment methods shall minimize the time elapsing between
the disbursement by a grantee and the transfer of funds from the Slate to
the grantee, whether such disbursement occurs prior to or stibsequeni to
the transfer of funds.
(b) Grant payments are made to grantees by an advance or a reimburse-
ment. An advance is a payment made by the State to a grantee upon its
request before cash outlays are made by the grantee, subject to limitations
provided in the grant agreement, and based on the type of grantee pro-
gram. A reimbursement is a payment made to a grantee upon request for
payment of costs already paid by grantee.
(c) Unless otherwise provided by regulation, the State shall not with-
hold payments for allowable charges made by grantees at any time during
the grant period unless ( 1 ) a grantee has failed to comply with the grant
agreement, or (2) the grantee is indebted to the Stale and collection of the
indebtedness will not impair accomplishmeni ol" the objectives of any
grant program sponsored by the Departrnent. Under such conditions, the
Department may, upon 15 days notice, inform the grantee that payments
will not be made for obligations incurred after a specified date until the
noncompliance is resolved or the indebtedness to the State is liquidated.
NOTE: Authority cited: Sections 5()4()6(h) and 5()4()6(n). Health and Saletv Code:
and 24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Saletv
Code: 42 U.S.C. 5306(d)(3)(A): 24 CFR 570.489, 570.494 and 570.497; and Of-
fice of Management and Budget (OMB) Circular A-102.
History
1. Amendment of subsection (b) filed 1-19-84; effective upon filing pursuant to
Government Code Section n346.2(d) (Register 84. No. 3).
§ 7114. Revision Procedures.
(a) "Cost categories," as used in this section, ineans any of the follow-
ing: personal services, operating expenses, capital outlays, loans, grants
or indirect costs.
(b) "Grant budget," as used in this section, means the approved finan-
cial plan to carry out the purpose of the grant program, or activity. It
should be related to performance for prograin evaluation purposes.
(c) The grantee may not amend the program or activity in a manner
which is inconsistent with the original basis for the award without the De-
partinent" s written approval of the change. In addition, grantees shall re-
quest prior written approval from the Department when a program or
budget revision will be necessary for the following reasons:
( 1 ) Changes are to be made in the scope or the objective of the program
or activity.
(2) Additional funding is needed.
(3) Amounts budgeted for indirect costs must be reallocated to absorb
increases in direct costs.
(4) The need for transfers of funds among cost categories or activities
when the cumulative amount of such transfers exceeds or is expected to
exceed ten percent (10%) of the activity budget. The same criteria shall
apply to the cumulative amount of transfers among programs or activities
when budgeted separately for an award, except that no transfer is per-
mitted that would cause any grant appropriation, or part thereof, to be
used for purposes other than those intended in the grant program: or
(5) When the Department awards a grant which provides support for
both construction and nonconstruction work to make any Fund or budget
transfers between the two types of work supported.
Page 317
Register 2007, No. 14; 4-6-2007
§7116
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) Granlees shall notify the Department whenever the amount of au-
thorized funds is expected to exceed the needs of the grantee by more
than ten thousand dollars ($10,000).
(e) Within 30 days from the date ofreceipt of the request for grant hud-
get and program revisions, the Department shall review the request and
notify the grantee whether or not the revisions have been approved. If the
revision is still under consideration at the end of 30 days, the Department
shall inform the grantee in writing as to when the grantee may expect the
decision.
Norr:. Authoril y cited: Secdons 5()406(h) and 504060i), Health and Safelv Code;
and 24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Safety
Code; 42 U.S.C. 5306(d)(3)(A); 24 CFR 570.489 and 570.497; and Office of Man-
agement and Budget (OMB) Circular A- 102.
HlSIORY
1. Amendment of subsection (b) (4) filed 1-19-84: effective upon filing pursuant
to Government Code Section 1 1346, 2(d) (Register 84, No. 3).
2. Amendment filed 2-22-85; effective upon filinu pursuant to Goveniment Code
Section 1 1346.2(d) (Register 85, No. 9).
§ 71 1 6. Grant Closeout Procedures.
(a) Tlie following definitions shall apply for the purpose of this sec-
tion.
(1) "Grant closeout" is the process by which the Department deter-
mines that all applicable administrative actions and all required work of
the grant have been completed by the grantee atid the State.
(2) "Date of completion" is the date when all work under a grant is
completed, or the date in the grant agreement, or any supplement or
amendment thereto on which funding ends.
(3) "Termination of a granf means the cancellation of funding, in
whole or in part, at any time prior to the dale of completion.
(4) "Suspension of a grant" is an action by the Department which tem-
porarily suspends funding under the grant pending either corrective ac-
tion by the grantee or a decision by the Department to terrninate the grant.
(5) "Disallowed costs" are those charges to a grant which the Depart-
ment determines to be unallowable.
(b) The grant closeout procedures include the following:
( 1 ) Upon request, the Department shall make payments to a grantee for
allowable reimbursable costs under the grant being closed out.
(2) The grantee shall refund to the Department any balance of unobli-
gated cash advanced to the grantee that is not authorized to be retained
by the grantee.
(3) Within 90 days after the date of completion of the grant the grantee
shall provide the Department with all financial, performance, and other
reports required as a condition of the grant. The Department may grant
lime extensions for cause when requested by the grantee.
(4) When authorized by the grant agreement, the Department may
make a settlement for any upward or downward adjustments to the State
share of costs after the reports are received.
(5 ) The grantee shall account for any property acquired in whole or in
part with grant funds, in accordance with the provisions of Section 7118,
pertaining to property management and Section 7104. pertaining to pro-
gram income.
(6) In the event a final audit has not been performed prior to the close-
out of the grant, the Department shall retain the right to recover the
arnount of disallowed costs after fully considering the recommendations
of the final audit.
(c) The Department shall provide procedures to be followed when a
grantee fails to comply with the agreement. When that occurs, the De-
partment may, after notifying the grantee in writing, suspend the grant
and withhold further payments, or prohibit the grantee from incurring ad-
ditional obligations of grant funds, pending corrective action by the
grantee or a decision to terminate in accordance with subdivision (d). The
Department shall allow costs which the grantee could not avoid during
the period of suspension provided that the costs meet the provisions of
the U.S. Office of Management and Budget (OMB) Circular A-87.
(d) Grants may be terminated as follows:
(1) Termination for cause. The Department may terminate any grant,
in whole or in part, at any time before the date of completion whenever
the Department determines that the grantee has failed to comply with the
conditions of the grant agreement. The Department shall promptly notify
the grantee in writing of the deierminalion, the reasons for the termina-
tion, and the effecii\ e date. Payments made to grantees or recoveries by
the Department under grants terminated for cause shall be in accord with
the legal rights and liabilities of the parties.
(2) Termination for convenience. The Department or the grantee may
terminate a grant, in whole or in part, when both parties agree that the
continuation of the project would not produce beneficial results cotn-
niensurate with the further expenditure of funds. The two parties shall
agree upon the termination conditions, and the portion of the grant to be
terminated. The grantee shall not incur new obligations for the termi-
nated portion after the elTective date of the termination, and shall cancel
as many outstanding obligations as possible. The Department will fund
all eligible obligations that the grantee cannot cancel.
NOTf:: Authoritv cited: Sections 50406(h) and 50406(n). Health and Safety Code;
and 24 CFR 570.489(b). Reference: Sections 50406 and 50407, Health and Safety
Code; 42 U.S.C. 5306(d)(3)(A); 24 CFR 570.489 and 570.497; and Office of Man-
agement and Budget (OMB) Circulars A-87 and A-102.
§ 71 1 8. Property Management Standards.
Grantees shall adhere to the property management standards described
in 24 CFR 8.5.30 et. seq.
NOTE: Authority cited: Sections 50406(h) and 50406(n ), Health and Safety Code.
Reference: 24 CFR 570.489(k) and 24 CFR 85.30 et. seq.
History
1. Amendment of subsection (e) filed 1-19-84; effective upon filing pursuant to
Government Code Section 1 1 346.2(d) (Register 84. No. 3).
2. Amendtnent of subsection (b)(3) filed 2-22-85; elfective upon filing pursuant
to Government Code Section 1 1346.2(d) (Register 85, No. 9).
3. Repealer of subsections (u)-(g)(2), new section and amendment of N(^Tt filed
7-31-96; operative 7-31-96 pursuant to Government Code section 1 1343.4(d)
(Register 96, No. 31).
§7120. Procurement Standards.
Grantees shall adhere to the requirements of 24 CFR 85.36.
NOTF.: Authority cited: Sections 50406(h) and 50406(n). Health and Safety Code.
Reference: 24 CFR 85.36; and 24 CFR 570.502(a)(12).
History
1. Amendment of subsections (h)(2) and (k)(8) filed 1-19-84; effective upon fil-
ing pursuant to Government Code Section 1 1346.2(d) (Register 84. No. 3).
2. Amendment of subsections (f)-(f)(5) and NoTt; filed 11-30-95; operafive
12-30-95 (Register 95. No. 48).
3. Repealer of subsections (a)-(/), new section and amendment of Note filed
7-31-96; operative 7-31-96 pursuant to Government Code secfion 1 1343.4(d)
(Register 96, No. 31).
§ 7122. Audit Requirements.
Grantees shall arrange for independent audits on all CDBG grants con-
sistent with OMB Circular A- 1 28.
NoTE: Authority cited: Sections 50406(h) and 50406(n). Health and Safety Code.
Reference: 24 CFR 570.502(a); and Office of Management and Budget (OMB)
Circular A-1 28.
History
1. Amendment of subsection (f) filed 1-19-84; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 84, No. 3).
2. Amendment of subsections (c) and (d) filed 3-4-87; effective upon filing pur-
suant to Government Code Secfion 1 1346.2(d) (Register 87, No. 10).
3. Repealer of subsections (a)-(f)(6), new section and amendment of Note filed
7-31-96; operafive 7-31-96 pursuant to Government Code secfion 1 1343.4(d)
(Register 96, No. 31).
§ 7124. Lump Sum Drawdown for Property Rehabilitation
Financing.
Subject to the conditions prescribed in this section, grantees may draw
funds from the Department in a single lump sum to establish a rehabilita-
fion fund in one or more private financial institutions for the purpose of
financing the rehabihtation of privately-owned properties as a part of the
grantee's program.
The conditions prescribed for lump sum drawndown accounts are de-
scribed in 24 CFR 570, Section 570.513.
NOTE: Authority cited: Sections 50406(h) and 50406(n). Health and Safety Code.
Reference: 24 CFR 570.513.
History
] . Amendment filed 2-22-85; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 85, No. 9).
Page 318
Register 2007, No. 14; 4-6-2007
Title 25
Department of Housing and Community Development Programs
^ 7202
2. New sccdikI paragraph, repealer ol subsections (a Mj) ami amenclmenl oINon
liled 7-31-96; operative 7-31-^6 pursuant to Government Code section
I I 343.4(cl) ( Register 96. No. 3 1 ).
§ 71 26. Conflict of Interest.
Gianiecs shall enlbicc siatidards rorcoiillicis ot'inieiesl which govern
the pcrl'ormancc of their otTicers. etnployees, or agcnls etigaged in the
award and adtninislralion of Stale CDBG grant funds. The standards for
conllicts of interest shall prohibit any conllict of interest as defined in
Title 24 Code of Federal Regulations Part ."^70.6 1 I (as revised on
10-14-8.3) which is hereby incorporated by reference. The Department
shall use the criteria and standards set forth in Title 24 CFR .^170.6 1 I in
evaluating questions concerning potential conflicts of interest.
NOTf:: Authority eilecl: Sections .^()406(h) and .■S()406(n). Health and Safety Code:
and 24 CFR .S70.4H9(b). Reference: Section .S04()6(h) Health and Safety Code and
24 CFR .S7().61 I (90-14-83 edition).
History
1 . New section Hied 3-4-87; effective upon tiling pursuant to Govemment Code
Section 1 1.346.2(d) (Register 87. No. 10).
Subchapter 3.
Farmworker Housing Grant
Program
Article 1. General
§ 7200. Purpose and Scope.
These regulations set forth the policies and procedures governing the
tTianagernent and use of the Joe Serna. Jr. Farmworker Housing Grant
Fund established by Section .^^0.^17.5 of the California Health and Safety
Code.
NOTIH: Authority cited: Sections .^^0402 and .S0406. Health and Safety Code. Ref-
erence: Section .S0.SI7..S, Health and Safety Code.
History
1. Repealer of Subchapter 3 (Sections 7200-7242) and new Subchapter 3 (Sec-
tions 7200-7242 not consecutive) tiled as an emergency 7- 1-80; effective upon
tiling Certitlcaie of Compliance included (Register 80, No. 27).
2. Amendment filed 2-10-83; designated effective 3^-83 pursuant to Govern-
ment Code Section n_346.2(d) (Register 83, No. 7).
3. New article 1 heading and amendment of section heading and section filed
4-2-2008; operative 5-2-2008 (Register 2008, No. 14).
§ 7201. Uniform Multifamily Underwriting and Program
Rules.
(a) The following sections of title 25, Division 1 , Chapter 7. Subchapt-
er 1 9 are hereby incorporated by reference into this subchapter and shall
apply to rental housing developments receiving assistance from the
Fund.
( 1 ) Section 8302. Restrictions on FJemolition;
(2) Section 8303. Site Control Requirements.
(3) Section 8304. Unit Standards:
(4) Section 8305. Tenant Selection;
(5) Section 8306. Tenant Recertification and Unit Mix Maintenance;
(6) Section 8307. Rental Agreement and Grievance Procedure;
(7) Section 8310. Underwriting Standards;
(8) Section 83 1 1 . Limits on Development Costs;
(9) Section 8312. Developer Fee.
( 10) Section 8313. Reserved.
(11) Section 83 14. Use of Operating Cash Flow.
(12) Section 8315. Subordination Policy.
(13) Section 8316. Leasehold Security.
(b) For purposes of this section 7239 and subsections (b) and (c) of sec-
tion 7234. the definitions found in Section 8301 shall apply.
(c) In the event of a conflict between the provisions of Subchapter 19
and this Subchapter 3. the provisions of this Subchapter 3 shall prevail.
NOTE: Authority cited: Sections .S0402 and .50406, Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
FllSTORY
1. Renumbering of former section 7239 to new section 7201, ineludinu amend-
nieni of subsection (a), filed 4-2-2008: operative .5-2-2008 (Register 2008.
No. 14).
§ 7202. Definitions.
In addition to the definitions found in Chapter 2 (commencing with
Section 50050), of Part I of Division I of the Health and Safety Ct)de. the
following definitions and, for rental housing developments only, those
found in the Uniform Multifamily Regulations ('"UMRs"") (Chapter 7.
subchapter 19. Section 8301 ). shall apply to this subchapter, in the event
of a conflict between the following definitions and those found in the
UMRs, the following definitions prevail for the purpose of this subchaf)!-
er. References to code sections refer to sections of these regulations un-
less otherwise noted:
(a) '"Agricultural einployment" means etnployed in the cultivation and
tillage of the soil; the production, cultivation, growing and harvesting of
any agricultural or horticultural coiTimodities; the raising of livestock,
bees, furbearing animals, or poultry; dairying, forestry, and lumbering
operations; and any work on a farm as incident to or in cotijunction with
such farming operations, including the delivery and preparation of com-
tnodities for inarket or storage.
(b) "Agricullural household" means an agricultural worker or workers
and other persons who reside or will reside with an agricultural worker
in an assisted unit.
(c) "Agricultural worker" means an individual who derives or prior to
retirement or disability derived a substantial portion of hi.s/her income
from agricultural employment.
(d) "Applicant" means an organization that applies for a loan and/or
grant from the Fund.
(e) "Assistance" means a loan and/or grant provided frotn the Fund to
an applicant, or a grant made directly to an agricultural worker.
(f) "Assisted unit" means a residential housing unit that is purchased,
developed or rehabilitated with assistance from the Fund and is subject
to the occupancy, resale, or rent restrictions imposed by this Subchapter.
(g)"Award"meansacommitment of money from the Fund in the form
of a grant or a loan that is made to a recipient by the Department.
(h) "Borrower" means an eligible organization that has applied for, or
has received approval for, a loan from the Fund. The term "borrower"
shall include successors in interest and assignees of a borrower.
(i) "CalHFA" means the California Housing Finance Agency.
(i) "Cash investtnents" include but are not limited to:
(1) Recipient's cash contribution;
(2) Private financial assistance;
(3) Local public entity financial assistance;
(4) State financial assistance from programs other than the Fund;
(5) Federal govemment financial assistance.
(k) "Department" means the California Department of Housing and
Community Development.
(/) "Fiscal Integrity," with respect to a Rental Housing Development,
means that the total Operating Income plus funds released pursuant to the
Regulatory Agreement from the operating reserve account is sulTicient
to: ( 1) pay all current Operating Expenses (including as,set management
fees and deferred developer fees, if permitted by the Regulatory Agree-
ment); (2) pay all current debt service (excluding deferred interest); (3)
fully fund all reserve accounts (other than the operating reserve account)
established pursuant to the Regulatory Agreement; and (4) pay other ex-
traordinary costs permitted by the Regulatory Agreement. The ability to
pay any or all of the permitted annual Distributions shall not be consid-
ered in determining Fiscal Integrity.
(m) "Fund" means the Joe Serna, Jr. Farmworker Housing Grant Fund.
(n) "Grant" means a commitment of money from the Fund in the form
of a grant that is made to a grantee by the Department.
(o) "Grantee" means an eligible organization that has applied or has
received approval for a grant from the Fund. The term "Grantee" shall
include successors in interest and assignees of a grantee.
Page 319
Register 2008, No. 14; 4-4-2008
§ 7204
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(p) "Grant Agreemenl" means the written agreement between the de-
partment and the developer of a rental housing development reeeiving a
grant or the developer of an ownership housing projeet, as more fully de-
sen bed in Section 7226. ensuring compliance with construction, finan-
cial and program obligations.
(q) "'Housing cost" — for homeownership, see Title 25, California Ad-
ministrative Code. Section 6920.
(r I "Housing development" means residential housing and related sup-
port facilities necessary to such housing that receives assistance from the
Fund and includes assisted housing units.
(s) "In-kind contributions" include but are not limited to contributions
directly related to the housing development in the form of:
1 1 ) labor and/or other eligible services;
(2) land and/or site development;
(3) existing struclures;
(4) materials.
(t) "Limited Partnership" means a "limited partnership" as defined in
Section 171.5 of the Corporations Code and in which each general part-
ner is a nonprofit public benefit corporation, a limited liability company
where all the members are nonprofit public benefit corporations, or a
combination of both.
(u) "Local public entity" means any county, city, city and county, re-
development agency or public housing authority, and also includes any
state agency, public district or other political subdivision of the slate, and
any instaimentality thereof, which is authorized to engage in or assist in
the development or operation of housing for persons and families of low
income. It also includes the governing body or housing authority of a fed-
erally recognized Indian tribe. It also includes two or more local public
entities acting jointly.
(v) "Low/lower income household" — see Title 25, California Admin-
istrative Code Section 6928.
(w) "Manufactured housing" means a mobilehome. as detlned by
Health and Safety Code Section 18008.
(X) "Matching share" means the proceeds of loans, cash investments,
or in-kind contributions that the recipient commits to the total develop-
ment or rehabilitation cost of the housing development. The Department
will determine the valuation and eligibility of a proposed matching share
where necessary.
(y ) "Net income" — see Title 25, California Administrative Code, Sec-
tion 6916.
(z) "NOFA" is the acronym for Notice of Funding Availability. The
NOFA is the document used by the department to announce that funds
are available and applications may be submitted.
(aa) "Nonprofit Corporation" means the same as "nonprofit corpora-
tion" defined in Health and Safety Code Section 50091.
(bb) "Program" means the Joe Sema, Jr. Farmworker Housing Grant
Program.
(cc) "Project" means: the acquisition, rehabilitation, and/or construc-
tion of a rental housing development; or the construction of single-
family homes where the title to the homes will be transferred to an Agri-
cultural Worker.
(dd) "Project organization or planning costs" include developer fees.
(ee) "Recipient" means an eligible organization that has applied or has
received approval for an award of funds in the form of a grant or loan
from the Fund. The term "Recipient" shall include successors in interest
and assignees of a recipient.
(ff) "Regulatory Agreement" means the written agreement between
the Department and a Borrower that will be recorded as a lien on the rent-
al housing development to control the use and maintenance of the project,
including restricting rent and occupancy of assisted units.
(gg) "Rehabilitation" means repairs and improvements to a dwelling
unit necessary to make it a modest, decent, safe, and sanitary dwelling
which meets applicable state and local building and housing standards
mandated by the enforcement agency.
(hh) "Related support facilities" include but are not limited to:
( 1 ) water and sewer facilities and other utilities directly related to the
proposed housing development.
(2) physical improvements for child care services, recreational activi-
ties, meeting room(s) all of which are intended for use of project resi-
dents.
(3) solar and other alternative energy efficient systems.
(ii ) "Rental Housing Development" means the same as "Rental Hous-
ing Development" as defined in subsection (o) of Section 8301.
(jj) "Rural Development" or "RD" means the United Slates Depart-
ment of Agriculture acting through the Rural Housing Service, formerly
knows as the Farmers Home Administration.
(kk) "Subsequent Grant Agreemenl" means the written agreement be-
tween the Department and an Agricultural Household purchasing an
owner-occupied unit used to ensure compliance with Program require-
ments as further described in Section 7228.
(//) "Very low income" — see Title 25, California Administrative
Code. Section 6926.
NOIE. Authority cited: Sections 50402 and 50406. Health and Safely Code. Ref-
erence: Section 50517.5, Health and Safety Code.
History
1 . Amendment Hied 2-10-83; designated effective 3-4-83 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 83, No. 7).
2. Amendment of definitions of " 'Grant" and "Grantee" and repealer of definition
of "'Nonprofit corporation" filed 10-1-2002; operative lO-i-2002 pursuant to
Government Code section 11 343.4 (Register 2002, No. 40).
3. Amendment filed 4-2-2008; operative 5-2-2008 (Register 2008. No. 14).
Article 2. Program Requirements
§ 7204. Project Eligibility Requirements.
Program funds may only be expended for housing developments that
meet the following criteria:
(a) The housing development must contain assisted units to be occu-
pied by agricultural households.
(b) To the greatest extent possible, assisted units are to be occupied by
lower-income agricultural households.
(c) To the greatest extent possible, any non-assisted units are to be oc-
cupied by agricultural households.
(d) Assisted units in a rental housing development required to be made
available to lower-income households pursuant to Section 7209 are to be
made available at affordable rents as defined in Health and Safety Code
Section 50053.
(e) When grant funds are to be used for homeownership purposes, as-
sisted units shall be newly constructed, and are to be made available to
lower-income households at a total monthly housing cost not to exceed
35% of monthly net income.
(1) An eligible household's monthly housing costs may exceed 35%
of monthly net income if all of the following conditions are sadsfied:
(A) the proposed housing costs are approximately the same as the pres-
ent housing costs of the household, and
(B) a satisfactory credit record has been maintained by the households,
and
(C) the household has demonstrated an ability to sustain its present
housing expense without serious difficulty.
(2) In the alternative, a different standard can be applied if it has other-
wise been determined by the Department that the eligible household can
assume greater responsibility for monthly housing costs.
Note. Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref-
erence: Section .^0517.5. Health and Safety Code.
History
1. Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Govern-
ment Code Section ll.M6.2(d) (Register 83, No. 7).
2. Amendment of subsecfion (a)(3) filed 9-29-2003; operative 9-29-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 40).
3. New article 2 heading and amendment of section heading and secfion filed
4-2-2008; operative 5-2-2008 (Register 2008, No. 14).
Page 320
Register 2(X)8, No. 14; 4-4-2008
Title 25
Department of Housing and Community Development Programs
ij 7206
$ 7205. Applicant Eligibility Requirements.
{i\) Tt) be eligible to apply lor fiinding. llie applicant shall be a local
public eniiiy. noiiprollt corporaiion, limited liability compatiy, or limited
partnership, hi the case of a nonprofit corporation, limited liability com-
pany, or limited partnership, the applicant shall demonstrate to the de-
partment's salisiaclion that the applicant is independent from any direc-
tion t)f. or control by, a for-profit entity and shall meet the requirements
t)f Section 7205.1.
(b) To be eligible to receive fimding. the applicant shall demonstrate
to the Department's satisfaction that:
( 1 ) It has the ability to timely proceed with the construction or rehabi-
litation of the de\elopment or piogram upon commitment of Program
funds: and
(2) It has sufficient experience and organizational capacity to carry out
the activity for which Program funds are being requested, hi the case of
a rental housing development, the applicant shall have:
(A) Successfully developed and owned a minimum of one rental hous-
ing project: and/or
( B) Have a staff with demonstrated experience in developing and own-
ing a minimum of one rental housing project.
(C) Have a slatT with demonstrated experience in managing a rental
housing development occupied primarily by agricultural workers and
their families.
(c) To be eligible to receive a commitment of funds to provide direct
grants to Agricultural Employees for the purchase of a new conventional-
ly constructed homes, or rehabilitation of existing owner-occupied hous-
ing, the Applicant shall demonstrate to the Department's satisfaction that
it is sponsoring and supervising the program of rehabilitation or
construction.
(d) To be eligible to receive funding for the purchase of Manufactured
Homes not placed on a permanent foundation, the Applicant shall dem-
onstrate to the Department's satisfaction that it is operating, or will oper-
ate using Program funds, a program to address and remedy the impacts
of current and potential displacement of Agricultural Households from
existing labor camps, inobilehome parks, or other housing due to govern-
mental actions to enforce health and safety laws including, but not lim-
ited to the Mobilehome Parks Act and the Employee Housing Act.
NOTt;: Authority cited: Sections 50406 and .'iO-'S 17.5, Health and Safety Code. Ret-
cience: Section 50517.5. Health and Safety Code.
History
1. New section tiled 4-2-2008: operative 5-2-2008 (Register 2008, No. 14)
$ 7205.1 . Limited Partnership Eligibility Requirements.
(a) To be eligible to apply for funding, a limited partnership shall dem-
onstrate to the Department's satisfaction that it is controlled by a non-
profit public benefit corporation, limited liability company, or a com-
bination of both. If the limited partnership is controlled by a limited
liability company, the limited liability company .shall demonstrate to the
Department's satisfaction that it is controlled by a nonprofit public bene-
fit corporation.
(b) In making its determination, the Department shall consider the lim-
ited partnership agreement, any limited liability company operating
agreement, the articles and bylaws of any nonprofit corporation, and any
pertinent side agreements between limited and general partners relating
to the management and operations of the limited partnership (collective-
ly, "organizational documents").
(c) In order to demonstrate control, a nonprofit corporation or limited
liability company must have the authority to perform substantially all of
the following functions, as shown in the organizational documents:
( 1 ) Employ and maintain a staff that has the experience and ability to
perform the responsibilities and functions of the partnership.
(2) Rent, maintain and repair the rental housing development or, if
such duties are delegated to a property management agent, hire and over-
see the work of the property management agent.
(3) Hire and oversee the work of all persons necessary to provide ser-
vices for the management and operation of the limited partnership busi-
ness.
(4) Execute and enforce all contracts executed by the limited partner-
ship.
(5) Execute and deliver all partnership documents on behalf of the lim-
ited partnership.
(6) Prepare or cause to be prepared all reports to be pro\ ided to the
partners and lenders on a monthly, quarterly, or annual basis consistent
with the requirements of the limited partnership agreement.
(7) Coordinate all present and future development, construction, or re-
habilitation of the rental housing development that is the subject i)f the
limited partnership agreement.
(8) Monitor compliance with all government regulations and file or su-
pervise the filing of all required documents with governmeni agencies.
(9) Acquire, hold, assign or dispose of partnership property or any in-
terest in partnership property.
(10) Borrow money on behalf of the limited partnership, encumber
limited partnership assets, place title in the name of a nominee h) obtain
financing, prepay in whole or in part, refinance, increase, modily or ex-
tend any obligation.
(11) Pay organizational expenses incurred in the creation of the part-
nership and all operational expenses.
(12) Determine the amount and liming of distributions to partners and
establish and maintain all required reserves.
NOTE; Authority cited: Sections 50406 and 505 1 7.5. Health and Safely Code. Ret
erence: Section 50517.5. Health and Safety Code.
Hl.S'IORY
1. New section filed 4-2-2008: operative 5-2-2008 (Register 2008. No. 14).
§ 7205.2. Nonprofit Corporation Eligibility Requirements.
For all applicants, where a nonprofit corporation is part of the owner-
ship structure, the involved nonprofit corporation shall meet the follow-
ing requirements:
(a) The articles and by laws shall clearly demonstrate that the corpt)ra-
Uon's authorized mission includes the provision of affordable or low-in-
come housing.
(b) Any fees earned as a general partner shall remain with the corpora-
tion. No fees shall be assigned to a for-profit organization.
(c) The partnership agreement shall be structured to permit the non-
profit corporation to eventually purchase the rental housing develop-
ment.
NOTE: Authority cited: Sections 50406 and 505 17.5, Health and Safely Code. Ref ^
erence: Section 50517.5. Health and Safety Code.
History
1. New section filed 4-2-2008; operative 5-2-2008 (Register 2008. No. 14).
§ 7205.3. Agricultural Employee Eligibility Requirements.
(a) To be eligible to receive a grant for purchase of a newly ct)nstructed
home, or rehabilitation of an existing home, an Agricultural Employee
shall be a parficipant in the program described in Section 720.5 subsection
(c).
(b) To be eligible to receive a grant for the purchase of a Manuiactured
Home, an Agricultural Employee shall demonstrate that he or she has
been displaced, or is facing displacement, from existing labor camps,
mobilehome parks, or other housing due to governmental actions to en-
force health and safety laws including, but not limited to the Mobilehome
Parks Act and the Employee Housing Act.
NOTE: Authority cited: Sections 50406 and 505 17.5. Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
History
1. New section tiled 4-2-2008: operalive 5-2-2008 (Register 2008. No. 14)
§ 7206. Eligible Activities.
Subject to all applicable requirements of this subchapter. Program
funds may be used for the following activities:
(a) Rehabilitation, acquisition and rehabilitation, or construction of a
Rental Housing Development.
(b) Single-family new construction in which the ultimate Grantees are
participants. Title to the development properly may be held in the name
of the recipient until compleuon of construction of the individual home,
or Utle to the development property may be transferred to a Grantee prior
Page 321
Register 2008, No. 14; 4-4-2008
§ 7207
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
10 (»r during conslruction. Development mny be on contiguous lots or on
scaLtered sites.
(c) Owner-occupied rehabilitation.
(d) Acquisition of Manufactured Homes not installed on permanent
foundations as part of a program to address and remedy the impacts of
current and potential displacement of farmworker families from existing
labor camps, mobilehome parks, or other housing.
(e) Migrant farmworker assistance as permitted under subdivision (c)
of Section 505 17.10 of the Health and Safety Code.
NOTti: Authority cited: Sections 50406 and 505 1 7.5. Hcahh and Safei v Code. Ref-
erence: .Sections 505 1 7.5 and 505 1 7. 1 0. Health and Safety Code.
History
1. Amendment filed 2-10-83; designated effective 3-^-8.3 pursuant to Govern-
n;icnt Code Section J 1.346.2(d) (Register 83. No. 7).
2. Renumbering of former section 7206 to section 7209.5 and new section 7206
filed 4-2-2008; operative 5-2-2008 (Register 2008. No. 14).
§ 7207. Site Control Requirements.
(a) For a Rental Housing Development, at the time of Application the
Applicant shall have site control pursuant to Section 830,3.
(b) For a single-family Project, at the time of Application, the Appli-
cant shall have site control pursuant to either subsection (a), (c). (d). (e).
or (f) of Section 8303, or pursuant to a ground lease. If the project will
be on a lease, the terms and conditions of the proposed lease shall permit
the lessee to make improvements on and encumber the property, and per-
tnit compliance with all requirements of this subchapter.
(c) Grants by the department to individual Agricultural Workers shall
not be disbursed unless and until the Agricultural Worker is the fee ow ner
of the real property, the lessee under a lease, or. in the case o\' a Manufac-
tured Home not on a permanent foundation, is the registered owner.
NOTR: Authority cited: Sections 50406 and 505 17.5. Health and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
History
1. New section fded 4-2-2008; operative 5-2-2008 (Register 2008. No. 14).
§ 7208. General Requirements.
(a) Matching Share. Before the Department will make a firm commit-
ment for a grant or a loan, an applicant must demonstrate to the satisfac-
tion of the Department that it can and will provide for the housing devel-
opmient a matching share at least equal to the offered grant or loan; or in
the case of an application for not more than five hundred thousand dollars
($500,000), the applicant demonstrates to the department's satisfaction
its inability to secure adequate financing from other sources.
(b) Architectural and Engineering Requirements. Housing develop-
ments not involving a public lender or insurer of loans shall be subject
to a Departmental review of the architectural and engineering aspects of
the project.
(c) Non-Discrimination and Affirmative Action. Recipients must
agree not to discriminate on account of race, sex, age, marital status,
physical disability, creed, religion, or national origin and to abide by all
local, state and federal regulations precluding such discrimination.
Moreover, recipients must agree to adopt and implement affirmative ac-
tion programs to cover all aspects of the construction, rehabilitation, mar-
keting, and management of the housing developed with the assistance of
the Fund.
( 1 ) Recipients will be required to execute certificates of nondiscriini-
nation.
(2) Recipients will be required to adopt and implement affirtnative ac-
tion programs approved by the Department.
(d) Local, State or Federal Requirements. Recipients are required to
abide by such local, state or federal rules and regulations as are applicable
to the proposed housing development. These may include but are not lim-
ited to: zoning ordinances, building and housing codes; planning; histori-
cal preservation, environmental, tenant occupancy, and relocation regu-
lations; and applicable federal requirements.
(e) Reports. Recipients are required to provide the Department with
periodic reports on the progress of the housing development and the ex-
penditure of grant and/or loan funds from the date of grant and/or loan
approval to date oJ'completion of the housing development and occupan-
cy by agricultural households. Recipients are also required to provide the
Department with reports on the characteristics of the housing develop-
ment and its occupants.
NOTR: Authority cited: Sections 50402 and 50406. Health and Safety Code. Rcf-
cicnce: Section 50517.5. Health and Safety Code.
History
1. Amendment filed 2-10-83: designated effective 3-4-83 pursuant to Govern-
ment Code Section 1 1.346.2(d) (Register 83, No. 7).
2. Amendment of section heading and section filed 4-2-2008; operative
.5-2-2008 (Register 2008, No. 14K
§ 7209. Minimum Number of Assisted Units and
Affordability.
(a) For a Rental Housing Development. Assisted Units shall be pro-
vided shall be as follows:
(1) When Program funds amount to less than twenty-five percent
(25'7f ) of the total development/rehabilitation cost or value of a project,
whichever is applicable, for every one percent ( I % ) of the total develop-
ment/rehabilitation co.st or value which Program funds constitute, a mini-
mum of two percent (2%) of the total number of units of the housing de-
velopment shall be designated as assisted units restricted to occupancy
by agricultural households.
(2) When the funds amount to twenty five percent (25%) or more of
the total development/rehabilitation cost or value of a housing develop-
ment, thenumber of assisted units restricted to occupancy by agricultural
households shall be directly proportional to the percentage of Program
funds awarded to the total development/rehabilitation costs, but not less
than fifty percent (50%) of the total number of units in the housing devel-
opment.
(3) To the greatest extent possible consistent with fiscal integrity, at
least ten percent ( 10% ) of the assisted units shall be reserved for agricul-
tural households with incomes no greater than thirty percent (30%) of
area median income (AMI). These units shall be distributed reasonably
among bedroom sizes. The remaining ninety percent (90%) of assisted
units shall be reserved for agricultural households with incomes no great-
er than 80% of AMI.
(4) Rent litnits for initial occupancy and for each subsequent tenancy
by a new eligible household shall apply to all assisted units in accordance
with subdivision (b) of Health and Safety Code Section 30053.
(5) In the event that the agricultural worker population in a Rental
Housing Development falls below the minimum number required to
occupy the housing development either through change of status or by
persons leaving the housing development, the recipient shall implement
an affirmative marketing plan which will recruit other agricultural house-
holds as units become available until the miniinum number is once again
in occupancy.
(b) For homeownership housing developments, where program funds
are used for subdivision development costs, the percentage of assisted
units shall not be less than the percentage of the total development cost
or value which Program funds constitute.
Note: Authority cited: Sections .50406 and 5051 7.5. HeaUh and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
History
1. New section filed 4-2-2008; operative 5-2-2008 (Register 2008, No. 14).
§ 7209.5. Eligible Expenditures.
(a) The costs which may be paid from Program funds for the rehabilita-
tion or construction of conventionally constructed housing are only those
which are approved by the Department as reasonable and necessary for
the construction or rehabilitation of the housing development, including,
but not limited to, the following;
( 1 ) The cost of refinancing or acquiring land and any buildings there-
on, including payinents for commissions, options, deposits, or contracts
to purchase properties on a proposed housing development site or pay-
ments for the purchase of such properties.
(2) The cost of site preparation, demolition, and clearing.
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Title 25
Department of Housing and Community Development Programs
§7211
(3) Archilcciiirci). engineering, legal, iiccoLiniing. packaging and other
lees paid or payable in connection with the planning, execution, and fi-
nancing of a housing development and the linding of an eligible mort-
gage for a ht)using development.
(4) The cost o\' necessary reports, studies, surveys, plans, permiis, and
fees.
(5) The c(.)sl of insurance, interest and financing, tax and assessment
costs, and other operating and carrying costs incurred during construc-
tion or rehabilitation.
(6) The cost of construction or rehabilitation of the housing develop-
ment and related support facilities including material, direct labor, and
actual construction supervision.
(7) The cost of land improvements, including, but not limited to, land-
scaping, site preparation and streets, sewers, utilities, and other offsite
improvemcnls, whether or not such costs are paid in cash or in a form oth-
er than cash.
(8) A reasonable profit in addition to job overhead to the general con-
tractor and subcontractors.
(9) An allowance for reasonable reserves set aside to defray unantici-
pated additional development or rehabilitation costs and operating costs
during the initial years of occupancy of the housing development.
( 10) Repayment of a predevelopment loan made by a public entity or
nonprofit corporation incorporated in any stale or the District of Colum-
bia.
(11) The cost of developing or modifying a housing development or
structure so that it is accessible to and convenient for the elderly or dis-
abled.
( 1 2) The cost of such other items, including tenant and homeowner re-
location and tenant and homeowner counseling, as the Department shall
determine to be reasonable and necessary for the development or rehabil-
itation of a housing development.
( 1 .3) The cost of solar and other energy efficient alternative systems.
(b) The costs which may be paid from Program funds for the purchase
o\' a Manufactured Home are only those which are approved by the De-
partment as reasonable and necessary for the acquisition and installation
of the Manufactured Home including, but not limited to, the following:
( 1 ) Purchase of the Manufactured Home including taxes and registra-
tion fees: and
(2) Delivery, installation, and set-up charges;
(c) Unauthorized Costs. Program iunds shall not be used for:
(DA recipient's project organization or planning costs including, but
not limited to, administrative costs or developer fees.
(2) Downpaymeni assistance.
(d) Special Limitations. The following limitations on eligible ex-
penses will apply.
( 1 ) Engineering Fees. These fees must not exceed prevailing rates un-
less an unusual engineering situation exists and is substantiated. Normal-
ly, the engineering fees allowable under RD and/or HUD-FHA sched-
ules and practices will provide the upper limit for such cost expenditures.
(2 ) Architectural Fees. These fees must not exceed prevailing rates un-
less an unusual architectural situation exists and is substantiated. Nor-
mally, the architectural fees allowable under RD and/or HUD-FHA
schedules and practices will provide the upper limit for such expendi-
tures.
(3) Grant or Loan Packager Fees. Program funds may be used for such
fees if all of the following occur:
(A) The ta.sks and fees of the packager are enumerated in an agreement
between the applicant and the packager which is subject to prior approval
by the Department;
(B) The applicant is incapable of carrying out the task for which these
services are sought;
(C) The applicant does not have the funds with which to hire a packag-
er;
(D) Payments to the packager are staged in accordance with the com-
pletion of various tasks;
(E) For RD financed housing developments, such lees will be dis-
bursed from the Fund only if. in advance of the initial disbursement. \i\}
approves the use of a packager and the fees to be paid; and
(F) Charges payable from Program funds for such fees may be ap-
proved to a maximum of \% of the housing development's costs or $100
per unit, whichever is less.
(4) Legal Fees. These fees must he reasonable relative to the legal
work required. Normally, the legal fees allowable under RD and/or
HUD-FHA schedules and practices will provide the upper limit for such
expenses. Billings or statements for legal services must be itemized.
(e) Waivers. The Director may waive any requirement of this section
not required by law if it is determined that such requirement would ad-
versely affect the purposes of the grant program or that such requirement
would impose an intolerable burden on the grantee.
NOTt.: Aulhority cited: Sections .S()402 and .'i()4()6. Health and .Salciy Code. Ref-
erence: .Section .S0.Ti7..'S. Health and Safety Code.
History
I . f^enuniberins of former section 7206 to new .section 7209. .^. includine amend-
ment of section, filed 4-2-2008: operative .S-2-200S (Register 2()()8.^No. 14).
§7210. Site and Design Criteria.
(a) Applicants shall observe the following criteria relative to the loca-
tion and design of proposed housing developments:
(1) Site Criteria.
(A) The location is in or reasonably near a residential area with access
to schools, shopping, medical services, social services and employment:
(B) The location does not unnecessarily confine assisted units to an
area in which there exists a high concentration of low income house-
holds.
(C) The location of the housing development is not found to be incon-
sistent with the housing element or housing assistance plan of the public
jurisdiction in which the housing development is to be located:
(D) The characteristics of the site, including its topography and dis-
tance to public utilities, do not result in unreasonable development or re-
habilitation costs; and
(E) The site will not be in a 1 00 year Hood plain unless sufficient mea-
sures have been taken, as determined by the Department, to ensure the
security of the housing development in the event o\' flooding.
(2) Design Criteria.
(A) The design will provide safe, sanitary, and decent housing meeting
the requirements of all applicable building and housing standards and
codes;
(B) The design to the maximum extent feasible, is compatible with the
existing community in which the housing development will be located;
(C) To the maximum extent feasible, the design of the improvements,
the materials and the mechanical equipment to be used, and the siting of
the structures shall be consistent with effective energy conservation de-
sign principles; and
(D) The design provides for a cost effective use of grant funds in order
to achieve affordable housing costs for agricultural households.
(b) A major deficiency in meeting one or more of the listed site or de-
sign criteria may result in the Department's rejection of an application.
Note: Authority cited: Sections .S0402 and .'S0406. Health and Satety Code. Ref-
erence: Section ."10517.5, Health and Safety Code.
HlS'lORY
1. Amendment of subsection (a)(1) filed 2-10-83; designated effective .3-4-83
pursuant to Government Code Section 1 l.''^46.2(d) (Register 83, No. 7).
2. Amendment of subsection (ai filed 4-2-2008; operative 5-2-2008 (KeL'isler
2008, No. 14).
§ 721 1 . Loan Terms and Requirements.
(a) The term of a loan for a rental housing development shall be for .'S.S
years commencing on the date of recordation of the Program loan docu-
ments.
(b) A loan shall bear simple interest at the rate of three percent (V/( )
per annum.
(c) Repayment of principal and interest on a loan shall he deferred for
the full teriTi except that, for rental housing developments, payments shall
Page 323
liegister 2008, No. 14; 4-4-2008
§ 7212
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
be required lo the extent of available cash How and residual receipts pur-
suant 10 Section 8314.
(d) Loans shall be evidenced by a promissory note the repayment of
which shall be secured by a deed of taist recorded as a lien on the devel-
opment property and improvements.
NOTt:: Authorily cited: Sections 50406 and 505 1 7.5. Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
HisroRY
1. New section filed 4-2-2008: operative 5-2-2008 (r<egister 2008, No. 14).
§ 7212. Priorities in Use of Funds.
la) Special consideration may be given lo housing developments
which meet one or more of the following criteria:
1 1 ) The plan for development or rehabilitation provides for ownership
or eventual ownership by agricultural employees, including ownership
of shares in a cooperative housing corporation.
(2) The housing development conforms with the Statewide Housing
Plan and the Farmworker Housing Assistance Plan, and the housing ele-
ment for the jurisdiction in which the development will be located.
1 3) The number of dwelling units projected to be occupied by agricul-
tural households and to be regulated as such in the regulatory agreement
or grant agreement will be large in relation to the total amount of grant
funds requested.
(4) The plan for development provides for rehabilitation of existing
housing provided that the total development cost of rehabilitation com-
pares favorably with the cost of new construction for a comparable facil-
ity.
(5) The plan for development or rehabilitation provides that some or
all of the housing units of the housing development will be accessible and
adaptable to the needs of the elderly or disabled.
(6) There are social and economic factors associated with the housing
development such as:
(A) The housing development is intended to serve households with the
greatest need for government assistance in obtaining adequate and af-
fordable housing as measured by the extent to which the development
serves agricultural workers at the lowest income levels.
(B) Labor and economic development programs and any other rele-
vant programs or services will be available on site or in close proximity
to [he housing development.
(C) Other significant social or economic aspects merit special consid-
erations.
(7) There is an urgent need for farmworker housing in the area where
the housing development will be located based on local vacancy rates or
evidenced by verification from the local government or as shown in a De-
partment-approved market study.
1 8) The housing development will utilize solar and other alternative
energy efficient systems.
(9) The housing development will utilize manufactured housing or
other cost-efficient design or construction techniques for the purpose of
making housing affordable to lower-income households.
(10) The applicant has demonstrated an ability to proceed with the
project more quickly than other projects and/or applicants.
(11) The applicant has a high degree of experience in development and
ownership of affordable housing relative to other applicants.
( 1 2) For tax credit projects, the project will leverage a high amount of
other funding relative to other lax credit projects.
NOTE: Authority cited: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Sections 50007.5 and 50517.5. Health and Safety Code.
History
1 . Amendment of subsection (a) filed 2-10-83; designated effective 3-4-83 pur-
suant to Government Code Section 11. 346.2(d) (Register 83, No. 7).
2. Amendment filed 4-2-2008; operative 5-2-2008 (Register 2008, No. 14).
§ 7214, Grant Committee. [Repealed]
NOTt^: Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
History
1. Amendment filed 2-10-83: designated effective 3-4-83 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 83, No. 7).
2. Repealer filed 4-2-2008: operative 5-2-2008 (Register 2008. No. 14).
Article 3. Application Procedure
§7215. Application Process.
(a) The Department shall periodically issue a Notice of Funding Avail-
ability (NOFA) that specifies, among other things, the amount of funds
available, application requirements, the selection and weighting of fund-
ing priorities, the deadline for submittal of applications, the schedule for
rating and ranking of applications and awarding funds, and the general
terms and conditions of funding commitments. A NOFA inay declare as
ineligible applications for which the Department has issued, or concur-
rently will issue, a special NOFA pursuant to subsection (e).
(b) Applicants shall make application on a form made available by the
Department requesting information required by this Subchapter 3.
(c) Applications selected for funding shall be approved at loan and/or
grant amounts, terms, and conditions specified by the Departinent ba.sed
on staffs analysis of the financing structure and ainount of funds neces-
sary for the activity lo be financially feasible, and, in the case of a rental
housing development, to tiieet the underwriting requirements of Secuons
83 10. 83 1 1 , and 83 1 2. For each application .selected for funding, the De-
partment shall issue an award letter and a conditional loan atid/or grant
commitment.
(d) In order to implement the goals and purposes of the Program, the
Department may adopt ineasures to direct funding awards to designated
types of housing developments based on the factors set forth in Section
7212. These measures may include, but are not limited to:
(1) Issuing a special NOFA for designated project types.
(2) Awarding bonus points within a particular NOFA to designated de-
velopment types.
(3) Notwithstanding anything in these regulations to the contrary, a
special NOFA issued pursuant to this subsection may establish an over-
the-counter application process, meaning the Department continuously
accepts and rates applications accorditig to minimum threshold criteria
based on Section 7212 published in a NOFA for the process, and makes
awards to housing developments that meet or exceed these criteria until
the funding available for the process is exhausted.
NOTE: .Authority cited: Secdons 50406 and 505 1 7.5, Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
History
1. New article 3 heading and new section filed 4-2-2008; operative 5-2-2008
(Register 2008. No. 14).
§ 7216, Application Process, [Repealed]
Note, Authority cited: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
History
1. Amendment filed 2-10-83: designated effective 3-4-83 pursuant to Govern-
ment Code Section 11346.2(d) (Register 83, No. 7).
2. Repealer filed 4-2-2008; operative 5-2-2008 (Register 2008, No. 14).
§7217, Contents of Applications,
(a) Application shall be made on a form made available by the depart-
ment requesting information required by these regulations and, for Rent-
al Housing Developments, the Uniform Multifamily Regulations. Appli-
cants shall provide sufficient information for the department to
determine that the applicant is eligible, that the project is eligible, that the
proposed uses of Program funds are eligible, and in the case of a Rental
Housing Developments, that the project will maintain Fiscal Integrity.
(b) Use of RD, CHFA or other Department funds. If the applicant will
use RD, CalHFA or other Department program loans or grants as all or
part of its matching share, the applicant shall subinit with its application
a copy of the preliminary or final application, as the case may be. it has
submitted for such matching funding.
(c) All applicants shall provide the following information:
( 1 ) Contact information for the following if they are involved in the
project: applicant, sponsor, developer, general contractor, credit enhanc-
er, borrower's counsel, bond counsel, credit enhancer, and property man-
aeer.
Page 324
Register 2008, No. 14; 4-4-2008
Title 25
Department of Housing and Community Development Programs
§ 7220
(2) A resolution aiithori/ing (he upplicalion lor ihc grant with original
signatures of the authorized olTieials oflhc appiieant organization.
(3) A deseriplion of the proposed site, available utilities and amenities,
and the following".
(A) Information suffieient to demonstrate eomplianee with seetions
7210 and 8303 regarding site eriteria and eonlrol;
(B) A preliminary title report;
(C) Description of current and proposed ownership; and
(I)) Phase 1 or Phase II environmental report.
(4) A description of the proposed improvements both residential and
commercial, and a timetable for construction.
(5) A plot plan and detailed plans and specifications.
(6) A detailed cost breakdown for such items as land acquisition, site
development, construction (including rehabilitation), equipment, utility
connections, financing, fees and furnishings if such are to be included.
(7) Sources and uses for both construction and permanent financing of
the housing development including the amount of Program funds needed
and the source and amount of the matching share.
(8) Information on the method of construction or rehabilitation and on
the architectural, engineering and legal services to he provided including
copies of any contracts for the provisions of these services.
(9) Satisfactory evidence of review and approval by the required state
and local officials.
( 10) A market analysis which supports the need for the proposed hous-
ing and includes the characteristics of the persons eligible for occupancy
including income and estimates of the number of eligible occupants will-
ing and able to occupy the proposed housing. This market analysis shall
specifically address the demand for agricultural worker housing and the
ability of local agricultural workers to pay the rents or housing costs pro-
posed in the application.
(11) Income ranges of the agricultural households to be served.
( 12) Existing or proposed legal composition of the applicant, includ-
ing:
(A) For nonprofit corporations: articles of incorporation or enabling
resolution of operating authority, bylaws, and a list of directors and offi-
cers;
(B) For limited liability companies: the operating agreement and the
names of all members.
(C) For limited partnerships, the appropriate information required in
subparagraphs (A) and (B) for each general partner.
(13) Current financial statement for nonprofit organization applicants.
( 14) A description and justification of any related facilities to be fi-
nanced by the Program funds.
(15) A satisfactory survey of the land.
( 1 6) A resolution authorizing the application for the grant with original
signatures of the authorized officials of the applicant organization.
( 17) Other materials as required by the Department in its application
instructions.
(d) Rental Housing Development applications shall also include:
( 1 ) Detailed operating budgets for the first year's operation and for a
typical year's operation that include:
(A) Allowance for vacancies and non-payment of rents or fees;
(B) Allowances for accumulation of a reserve account as required by
Section 7234; and
(C) Separate listings of all applicable federal, state and local taxes.
(D) Identification of any operating subsidies.
(2) Narrative statements of the proposed manner of managing the
housing and information on the qualifications of the management staff.
(3) A statement of policy regarding management and operation includ-
ing method of tenant selection, proposed lease and grievance procedures,
and proposed rules and regulations for the housing development.
(4) A schedule of proposed rents and utility estimates which indicates
that the monthly shelter costs for assisted units will be affordable by low
income agricultural households as provided in Section 7204(b).
{5) For rehabilitation projects: a physical needs assessment; descrip-
tion of any relocation plans, scope of proposed work, current rent roll,
and current tenant incomes and household size by unit.
(6) History and status of any legal proceedings involving the applicant
or any of the following, as appropriate to the organization of the appli-
cant: principals, officers, directors, senior executives, general partners,
members, and owners with more than a \(Y/< interest.
(7) Description of at least the last five years' experience in de\eloping
projects similar to the project being applied for and describing the appli-
cant's relationship to the development process (e.g.. principal, afliliale.
general partner, managing member). If the applicant will be relying on
the experience of specific individuals within the applicant's organiza-
tion, resumes and statements of qualifications for those individuals shall
be included.
(8) Any special issues regarding the development (e.g.. soils, slope,
historic preservation, relocation, environmental).
(9) Narrative and/or documentation evidencing compliance with Sec-
tion 7205. 1 regarding sponsor control for the entity and/or indi\ idual(s)
for which experience is claitned in paragraph (7) above.
(e) Homeownership Applications shall also include:
(1) Information regarding the financing of the individual dwelling
units including the amount of grant needed and the source and amount
of matching share; and
(2) A breakdown of the pro rata share of the grant which will be applied
to each assisted dwelling unit and the criteria used to make such a deter-
mination.
(f) The Director may waive any requirement of this section pr(.)vided
that he/she has determined that the submittal of such information at the
time of grant application is unnecessary for adequate evaluation of the
feasibility of a proposed housing development.
NOTE: Authority ciled: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
History
). Renumbering of former section 7218 to new section 7217, including amend-
ment of section heading and section, filed 4-2-2008-. operative 5-2-2008 ( Rcsi-
ister2008. No. 14).
§ 7218. Contents of Grant Applications. [Renumbered]
NOTE: Authority ciled: Sections .50402 and 50406. Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
History
1. Amendment filed 2-10-83; designated effective 3-4-83 pursuant to Govern-
ment Code Secfion 1 1346.2(d) (Register 83, No. 7).
2. Renumbering of former section 72 1 8 to section 72 1 7 filed 4-2-2008; operative
.5-2-2008 (Register 2008. No. 14).
§ 7220. Grant or Loan Cancellation.
(a) After notice has been given to the recipient and other parties with
an interest in the housing development, an award of Program funds may
be canceled. Cancellation may occur after an award has been approved
but before any disbursements have been made or after partial disburse-
ment of the Program funds, if the following occur:
( 1 ) The objectives for which the award was made cannot, for any rea-
son, be met; or
(2) Alternative sources of matching financing cannot be obtained by
the recipient; or
(3) The recipient has not abided by the conditions of the conditional
commitment or other agreements executed with the Department.
(4) The recipient has failed to execute required agreements or to pro-
vide necessary documentation within a reasonable time period pre-
scribed by the Department.
Note: Authority cited: Sections 50402 and 50406. Health and Safety Code. Rel-
erence: Section .50517.5, Health and Safety Code.
History
1. Repealer of former Section 7220 and renumberinc and amendment of Section
7222 to Secfion 7220 filed 2-10-83; designated effective 3-4-83 pursuant to
Government Code Section 1 1346.2(d) (Register 83. No. 7).
2. Amendment of section heading and section filed 4-2-2008: operative
5-2-2008 (Register 2008. No. 14).
Page 325
Register 2008, No. 14; 4-4-2008
§7222
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 4. Program Operations
§ 7222. Environmental Clearances.
(a) Whenever a proposed housing developmenl is a project which po-
lenlially may have a significant impact on the environment and is not
categorically exempt, recipients will be responsible lor supplying in a
timely and responsive way all data and information to all public agencies
thai have the primary responsibility for complying with requirements of
the National Environmental Policy Act (NEPA) and the California Envi-
ronmental Quality Act (CEQA).
(b) Program applicants for projects subject to CEQA shall provide the
Department with assurances of compliance with CEQA.
(c) Recipients which are local public entities shall act as lead agency
for projects subject to CEQA unless another public entity has assumed
the role of lead agency.
The activities of the Department regarding implementation of CEQA
shall be governed by Subchapter 3 of Chapter 6.5 of Title 25. California
Administrative Code (Sections 6940 et seq.).
Note.. Authority cited: Section 50402 and 30406, Health and Safety Code. Refer-
ence: Section 50517,5, Health and Safety Code.
History
1. Renumbering and amendment of former Section 7222 to Section 7220 and re-
numbering and amendment of Section 7224 to Section 7222 filed 2-10-83; des-
ignated effective 3-4-83 pursuant to Government Code Section 11346.2(d)
(Register83, No. 7).
2. New article headins and amendment of section filed 4-2-2008; operative
5-2-2008 (Register 2008, No. 14).
§ 7224. Coordination with Federal Agencies.
(a) Recipients which will utilize federal assistance, such as loans and/
or grants froin RD, as their matching share, shall submit promptly to the
Department copies of all letters from the federal agencies that have a
bearing on the housing development.
(b) The department will work with the federal agencies to ensure a
coordinated approach to processing and approving applications for hous-
ing developments.
(c) [n the event a conflict exists between federal and state regulations,
the Department shall yield to the federal regulations insofar as not pro-
hibited by State law or the legitimate interests of the State.
(d) The Department always maintains the right to monitor housing de-
velopments assisted by its grant in areas of concern to the Department.
NOTE: Authority cited: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Section 50517.5. Health and Safety Code.
HtSTORY
1. Renumbering and amendment of former Section 7224 to Section 7222 and re-
numbering of Section 7226 to Section 7224 filed 2-10-83; designated effective
3-4-83 pursuant to Government Code Section 1 1346.2(d) (Register 83, No. 7).
2. Amendment of subsection (a) filed 4-2-2008; operative 5-2-2008 (Register
2008, No. 14).
§ 7225. Standard Agreement.
(a) The Department and recipient shall enter into an agreement known
as a standard agreement that represents a conditional commitment of Pro-
gram Funds.
(b) This standard agreement will reserve Program funds in an amount
approved for funding by the Department.
NOTE; Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref
erence: Section 50517.5. Health and Safety Code.
History
1. New section filed 4-2-2008; operative 5-2-2008 (Register 2008. No. 14).
( 1 ) Assisted Units. It shall specify the minimum number of units of the
housing developinenl which have been designated as assisted units sub-
ject to prograin occupancy and resale restrictions.
(2) Recordation. U shall require the grantee to cause the Grant Agree-
ment to be recorded in the Offlcial Records of the county in which the
housing development is or will be situated.
(3) Lien. The Grant Agreement shall be recorded as a lien on the real
property of the housing developinent. or the title of a manufactured home
not on a pertnanent foundation, in favor of the Departinent for the pur-
pose of securing performance of the conditions of the Grant Agreement.
The lien shall endure for the duration of the Grant Agreement and shall
be subject to the provisions of Section 7230.
(4) Duration. It shall state that it is binding on the grantee for a term
of fifty-five (55) years for rental housing development new construction
and rehabilitation, a tenn of twenty (20) years for conventionally-
constructed ownership housing or manufactured housing placed on a
permanent foundation, and a tenn of ten (10) years for inanufactured
housing not on a permanent foundation. The Department may in its
discretion prescribe a lesser period for the duration of Grant Agreements
relating to housing to be developed for ownership by individual agricul-
tural households.
(5) Conveyance. It shall state that for the duration of the Grant Agree-
ment, no contract for sale or conveyance of the housing development, or
any portion thereof shall be entered into or made without the express
prior written approval of the Department, which approval shall be given
in accordance with the provisions of Section 7228.
(6) Covenants. In addition, the Grant Agreeinent will contain, but not
be limited to, the following covenants:
(A) Agricultural households shall be given a priority for occupancy in
non-assisted units, and those agricultural households of low income
shall be given a preference for occupancy in assisted units.
(B) The grantee shall accept the criteria for tenant and homeowner se-
lection that has been determined by the Department for assisted units.
(C) The grantee shall accept the terms of occupancy agreeinents that
have been prescribed by the Department for assisted units.
(D) With regard to rental housing developments, the grantee shall ad-
ditionally agree to abide by the provisions of Section 7234.
(7) The Grant Agreement shall further provide that in the event of a
breach of any of its conditions or covenants, the grantee or its successors
in interest, the Department shall have the option to enforce the Grant
Agreement by proceeding at law or in equity. The Department may, at
its option, require the grantee or its successor in interest to immediately
repay to the State the total amount of the grant then due with interest. The
interest rate shall be the same as the average rate returned by the invest-
ment of state funds through the California Pooled Money Investment
Board from the date of breach to the date of repayment.
(8) It shall provide that in the event of a forced sale or conveyance of
the housing development resulting from an action to foreclose on a mort-
gage or deed o\ trust, the execution of a judgment lien, or other action re-
sulting in an involuntary sale, the purchaser shall take title subject to
these conditions and liinitations, unless the appropriate amount of the
grant is returned to the Department in accordance with these regulations.
NOTE: Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref-
erence: Secfion 50517.5, Health and Safety Code.
History
1. Renumbering of former Section 7226 to Section 7224 and renumbering and
amendment of Section 7228 to Secfion 7226 filed 2-10-83; designated effec-
tive 3^-83 pursuant to Government Code Section 11346.2(d) (Register 83,
No. 7).
2. Amendment of subsecfions (b)(3)-(4) and (b)(6)(D) filed 4-2-2008; operative
5-2-2008 (Register 2008, No. 14).
•
§ 7226. Grant Agreement.
(a) In order to close a grant, a grantee is required to execute a Grant
Agreement with the Department.
(b) The Grant Agreement shall be in a form determined by the Depart-
ment and shall contain, but not be limited to, the following conditions:
§ 7228. Conveyance of the Housing Development.
The following provisions govern the sale or conveyance of the hous-
ing development, or any part thereof
(a) Conveyance to Agricultural Households for the Purpose of Home-
ownership. If the grantee intends to sell or convey all or a portion of the
Page 326
Register 2008, No. 14; 4-4-2008
Title 25
Department of Housing and Community Development Programs
§7231
lioLising dcvelopiiienl to individual aghcultural households for the pur-
pose of homeownership. the Department will authorize the sale or eon-
\eyanee after the I'ollowing conditions are met:
( 1 ) Idenlification of Assisted Units. The grantee must identify any as-
sisted units that will be located in the conveyed portion(s) of the housing
development.
(2) Allocation of Grant Funds. For each assisted unit identified, the
grantee shall specify in monetary terms the portion of the grant funds that
will be used to reduce the costs of acquiring ownership of the assisted unit
by an agricultural household.
(3) Subsequent Grant Agreement. Prior to or concurrently with the
sale or conveyance of an assisted unit, the grantee shall ensure that a rep-
resentative of the agricultural household which will own the assisted unit
executes a Subsequent Grant Agreement with the Department which
shall be in a form prescribed by the Department and contain the following
conditions:
(A) It shall be binding upon the agricultural household for a term of
twenty (20) years for conventionally-constructed housing or manul'ac-
lured housing placed on a permanent foundation, and for a term of ten
(10) years for manufactured housing not on a permanent foundation.
(B) It shall require the members of the agricultural household to reside
in the assisted unit for the duration of the Subsequent Grant Agreement.
(C) It shall contain the following conditions with respect to the sale or
conveyance of an assisted unit by the agricultural household.
1. If an assisted unit is sold or conveyed within a period of 10 years
from the date of execution of the Subsequent Grant Agreement, an
amount equal to the sum allocated to the assisted unit pursuant to subdivi-
sion (a)(2) of this section shall be paid to the Department.
2. if an assisted unit, other than a manufactured home not installed on
a permanent foundation, is sold or conveyed more than ten years after the
dale of execution of the Subsequent Grant Agreement, the Department
shall be repaid an amount equal to the sum allocated pursuant to subdivi-
sion (a)(2) of this section minus 10% of that amount for each additional
year that the agricultural household occupies the assisted unit beyond the
tenth year. The lien for a manufactured home not installed on a permanent
foundation shall be released 10 years from the date of execution of the
Subsequent Grant Agreement, and no repayment of grant funds will be
required, if the homeowner is in compliance with the Subsequent Grant
Agreement.
3. The Department shall determine whether or not any amounts subject
to repayment to the Department, as specified above, will be assigned to
the new owner in lieu of repayment to the Department.
4. The Subsequent Grant Agreement shall terminate after the grant
funds have been repaid to the Department and the assisted unit has been
sold or conveyed.
(4) Recordation of the Subsequent Grant Agreement. The grantee shall
cause the Subsequent Grant Agreement and other pertinent documents
to be recorded in the official records of the county in which the housing
development is located.
(5) Sale of Non-assisted Units. After the total number of assisted units
has been determined, the Department shall approve the sale or convey-
ance of any housing units not identified as assisted units and shall, at the
lime of sale or conveyance, release any such units from the lien securing
performance of the Grant Agreement. The grant shall not be used to re-
duce the acquisition cost of a non-assisted unit.
(6) Termination of Grant Agreement. The Department shall terminate
the Grant Agreement and the lien securing its performance after sale or
conveyance of all of the assisted units if all of the conditions of the Grant
Agreement have been satisfied, as determined by the Department.
(7) The Department may charge an administrative fee for its costs in
processing a Subsequent Grant Agreement.
(b) Conveyance For Continued Agricultural Households Occupancy.
1 f the grantee intends to sell or convey the housing development to an en-
tity that will continue to u.se the development to provide housing for agri-
cultural households, the Department will authorize the sale or convey-
ance provided that:
( i ) The successor in interest to the grantee agrees to assume the obliga-
tions of the grantee, including the assumption of the conditions and t)bli-
gations specified in the Grant Agreement between the grantee and the
Department.
(2) The successor in interest agrees to take title to the housing dev elop-
ment subject to the Grant Agreement between the grantee and the Depart-
ment.
(3) The successor in interest agrees to an extension of the duration of
the Grant Agreement where the Department has determined that such an
extension would be in the best interest of the continued operation of the
housing development.
(4) The successor in interest has demonstrated to the satisfaction of the
Department that it can adequately operate the housing development in
accordance with the requirements of the program and meet its obligations
under the Grant Agreement.
(c) Conveyance For Use Other Than Agricultural Household Occu-
pancy. The grantee shall not sell or convey the housing development to
an entity that will not continue to use the development to provide housing
for agricultural households in accordance with program requirements
unless the Department has approved such sale or conveyance. The De-
partment will approve a sale or conveyance provided that the grantee has
demonstrated to the satisfaction of the Department that good cause exists
for terminating the operation of the housing development as provided in
Section 7236: and the grantee repays the state the full amount of the grant.
NOTE; Authority cited: Sections 50402. 50406 and 50517.5(d)(5). Hcallti and
Safety Code. Reference: Section 50517.5. Health and Safely Code.
History
1. Renumbering and amendment of former Section 722S to Section 7226 and re-
numbering and amendment of Section 7230 to Section 722S filed 2- 1 0-X,^ : des-
ignated effective 3-4-83 pursuant to Govemmeni Code Section 11346.2(d)
(Register 83, No. 7).
2. Amendment filed 4-2-2008; operative 5-2-2008 (Register 2008. No. 14).
§ 7230. Subordination.
The Department may execute and cause to be recorded in the office of
the recorder of the county in which a Grant Agreement. Regulatory
Agreement, or Subsequent Grant Agreement has been recorded, a subor-
dination of the Agreement, provided that any subordination of the Agree-
ment shall not jeopardize the security interest of the state and shall further
the interest of farmworker housing. The recitals contained in such subor-
dination shall be conclusive in favor of any bona fide purchaser or lender
relying thereon.
NOTE: Authority cited: Sections 50402 and 50406. Health and Safely Code. Ref-
erence: Section 50517.5, Health and Safely Code.
History
1. Renumbering and amendment of former Section 7230 to Section 7228 and re-
numbering and amendment of Section 7232 lo Section 7230 Hied 2- 1 0-83; des-
icnated effective 3—4-83 pursuant to Govemmeni Code Section 11346.2(d)
(Register 83, No. 7).
2. Amendment of section headine and section tiled 4-2-2008; i)perative
5-2-2008 (Register 2008, No. 14K
§ 7231 . Regulatory Agreement.
(a) In order to close a loan, a recipient shall enter into a regulatory
agreement with the Department with a terin not less than the term of the
loan. The regulatory agreement shall be recorded against the rental hous-
ing development property prior to the disbursement of any Program
funds.
(b) The Regulatory Agreement shall be in a form determined by the
Department and shall contain, but not be limited to. the following:
(1) The number, type and income level of Assisted Units pursuant to
Section 7209.
(2) Standards for tenant selection pursuant to Section 830.5.
(3) Provisions regulating the terms of the rental agreement pursuant to
Section 8307.
(4) Provisions related to operation of the project pursuant to Section
7234.
(5) Provisions for limitation on distributions pursuant to Section 8314.
(6) Description of the conditions constituting breach of the regulatory
agreement and remedies available to the parties thereto.
Page 326.1
Register 2(X)8, No. 1 4; 4 - 4 - 2008
§ 7232
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(7) Provisions governing use and operation olnon-Assisled Unils and
common areas to the extent necessary to ensure compliance with Pro-
gram requirements.
(8) Provisions specifying that the regulatory agreement shall be bind-
ing on all successors and assigns of the borrower.
(9) Other provisions necessary to assure compliance with the require-
ments of the Program.
Note. Autlionly cited: Sections 50402 and .50406. Health and Safety Code. Ref-
erence: Section 50.S17..5, Health and Safety Code.
History
1 . New section tiled 4-2-2008; operative 5-2-2008 (Register 2008. No, 14).
§ 7232. Disbursements.
(a) Program funds shall only be disbursed for payment of obligations
which aredueorfor reiinbursemenl of expenditures previously approved
by the Department.
(b) The recipient must request disbursements of Program funds on a
form prescribed by the Department and such requests must be in accor-
dance with authorized amounts set forth in the budget approved by the
Department. With the prior approval of the Department, the recipient
may transfer any allocations or portions thereof set forth in the approved
budget to other allocated items of said budget.
No IE: Authority cited: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
History
i . Renumbering and amendment of former Section 72.^2 to Section 72.^0. repealer
of Section 7234 and renumbering and amendment of Section 7236 to Section
7232 filed 2-10-83: designated effective 3-4-83 pursuant to Government Code
Section 11 346.2(d) (Register 83, No. 7).
2. Amendment of section heading and section filed 4-2-2008: operative
5-2-2008 (Register 2008, No. \4).
§ 7234. Operation of Rental Housing Developments.
Except as otherwise explicitly set forth in this section, operation re-
quirements shall refer to the entire development and all units therein,
rather ihan only to the assisted portion:
(a) Occupancy Restrictions. The recipient shall maintain the housing
development so that assisted units shall only be occupied by agricultural
households in accordance with the provisions of Section 7208(g).
(b) Operating Reserves. Operating reserves for a housing develop-
ment shall be established as required by Section 8308. The Department,
at its discretion, may allow the use of the grant funds to satisfy part or all
of this requirement.
(c) Replacement Reserve. Replacement reserves for a housing devel-
opment shall be established as required by Section 8309.
(d) Housing Costs. The Department will approve a schedule of rents
as may be necessary to provide occupants of the housing development
with affordable housing costs to the extent consistent with the mainte-
nance of the fiscal integrity of the housing development and the require-
ments of other agencies which have financed the housing development.
( I ) The recipient shall not increase the rent on any unit of the housing
development without the prior permission of the Department, which
shall be given if the recipient demonstrates that such increase is required
to defray necessary operating costs or to avoid jeopardizing the fiscal in-
tegrity of the housing development and that such increase complies with
the procedures and limits required by the federal or other state agencies
which have financed the housing development. Rents in Assisted Units
may be adjusted no more often than annually. The amount and method
of adjustiTient for Assisted Unils shall be in accordance with procedures
used by the California Tax Credit Allocation Committee.
(e) Occupancy Rules. Documents, including rental agreements, gov-
erning, tenant occupancy of the housing development shall be subject to
approval by the Department.
(f) Linguistic Services. The recipient shall provide linguistically ap-
propriate services and publications to the occupants of the housing devel-
opment.
(1) If requested, the Department will provide recipients technical as-
sistance in meeting this obligation.
(g) Maintenance. The recipient shall maintain the housing develop-
ment in a way which protects the public interest and the health, safety and
welfare of its occupants, and the secured interest of the l^epartment.
(h) Right of Inspection. The Department may, through its agents or
employees, with prior notice enter upon and inspect the lands, buildings,
and equipment of the grantee, including books and records, at any time
before, during or after the construction or rehabilitation of the housing
development.
( 1 ) The Department shall neither enter or inspect any unit which is oc-
cupied, whether or not the occupant is present, without the prior consent
ol the occupant,
(2) After inspection of the housing development, the Department may
require such repairs or corrections as may be necessary to protect the pub-
lic interest or the health, safety, or welfare ofthe occupants of the housing
development.
NOTfc: Authority cited: Sections 50402 and 50406. Health and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
HfSTORY
1 . Repealer of former Section 7234 and renumbering of Section 7238 to Section
7234 filed 2-1 0-83; designated effective 3-4-83 pursuant to Goveminent Code
Section M 346.2(d) (Register 83. No. 7).
2. Repealer of subsection (c) and new subsections (c)-(c)(4) filed 10-1-2002; op-
erative 10-1-2002 pursuant to Government Code section 11343.4 (Register
2002. No. 40).
3. Amendment of subsections (a)-(c) and repealer of subsections (c)(l)-(4) filed
9-29-2003; operative 9-29-2003 pursuant to Government Code section
11 343.4 (Register 2003, No. 40).
4. Amendment of subsections (a), (d), (d)( 1 ) and (f)-(g) filed 4-2-2008; operative
.5-2-2008 (Register 2008, No. 14).
§ 7236. Termination of Grant Agreement.
(a ) A grantee may terminate a Grant Agreement upon request provided
that the grantee repays the Department the full amount of the grant and
the Department has determined that one or more of the following or simi-
lar circumstances has occurred which makes the continued operation of
the housing development in compliance with Program requirements no
longer feasible;
( 1 ) The employment of agricultural workers has greatly decreased in
the area.
(2) A sufficient nuinber of agricultural workers and their families in
fact do not apply to live in the housing development.
(3) The dwelling units of the housing development are no longer suit-
able because of design, size, or age, for the housing needs ofthe agricul-
tural workers and their families employed in the area.
(4) The grantee's continued operation ofthe housing development is
no longer financially feasible and the grantee has demonstrated to the sat-
isfaction of the Department that it has made a good faith effort to convey
the housing development in accordance with Section 7228(b).
Note:: Authority cited: Sections .50402 and 50406, Health and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
History
1 . Renumbering and amendment of former Section 7236 to Section 7232 and re-
numbering and amendment of Section 7240 to Section 7236 filed 2-10-83; des-
ignated effective 3-4-83 pursuant to Government Code Section 11346.2(d)
(Register 83, No. 7).
§ 7238. Disposition of Recaptured Grant Funds.
All funds, including interest therefrom, repaid to the Department be-
cause of termination, sale, conveyance, default, recapture or any other
reason, will be deposited in the Farm Worker Housing Grant Fund.
NOTE: Authority cited: Sections 50402, 50406 and 50517.5(b), Health and .Safety
Code. Reference: Section 50517.5, Health and Safety Code.
History
1 . Renumbering and amendment of former Section 7238 to Section 7234 and re-
numbering and amendment of Section 7242 to Section 7238 filed 2-10-83; des-
ignated effective 3-4-83 pursuant to Government Code Section 11346.2(d)
(Register83. No. 7).
§ 7239. Uniform Multifamily Underwriting and Program
Rules. [Renumbered]
NOTE: Authority cited: Sections 50402 and 50406, Health and Safety Code. Ref-
erence: Section 50517.5, Health and Safety Code.
Page 326.2
Register 2008, No. 14; 4-4-2008
Title 25
Department of Housing and Community Development Programs
5} 7294
History
1. New scclion filed 9-29-2003: operative 9-29-2003 pursiianl lo Goveriiinent
Code section I 1343.4 (Register 2003, No. 40).
2. Renimiberiiii: of former section 7239 to section 720 1 filed 4-2-2008-. operative
,S-2-2008 (Register 2008. No. 14).
Subchapter 3.5. Farm Labor Housing
Rehabilitation Loan Program
Article 1. General
§ 7270. Definitions.
Nori:; Auihoritv cited: Section 50857. Health and Safetv Code. Reference: Sec-
tions 50852-50857. Health and .Salety Code.
Hl.SlOHY
1 . New section tiled 7-24-87: operative 7-24-87 pursuant to Goveniment C'ode
.Section i l,^46.2(d) (Register 87, No. 32).
2. Change w ithout regulatory effect repealing subchapter 3.5. article 1 and section
filed 1 1-1-95 pursuant to section 100, title 1, California Code of Regulations
(Register 95. No. 44).
Article 2. Program Requirements
§ 7272. Criteria for Eligibility.
NOTF:;: Authoritv cited: Section ,50857, Health and Safety Code. Reference: Sec-
lit)ns 50853. 50855 and 50858. Health and Safety Code.'
History
i. New section tiled 7-24-87: operative 7-24-87 pursuant to Government Code
.Section 1 1 346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing article 2 and section filed 1 1-1-95
pursuant to. section 100. fi tie l,CalifomiaCodeofReeulations( Register 95, No.
44).
§ 7274. Eligible Use of Funds.
NOTC. Authoritv cited: Section .50857, Health and Safetv Code. Reference: :Sec-
tions 50853 and 50855, Health and Safety Code.
History
1. New section filed 7-24-87: operative 7-24-87 pursuant to Government Code
Section 1 1.346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
sectio^n 100, title 1 ."Califoniia Code of Regulations (Register 95. No. 44).
§ 7275. Security.
NOTt:: Authority cited: Section 50857, Health and Safetv Code. Reference: Sec-
tions 50856 and 50857, Health and Safety Code.
History
1. New section filed 7-24-87; operative 7-24-87 pursuant to Government Code
Section I 1.346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1 ,"CaliforTiia Code of Regulations (Register 95, No. 44).
§ 7276. Term.
NOTH: Authority cited: Section 50857, Health and Safety Code. Reference: Sec-
tion .50587, Health and Safety Code.
His I OK Y
1 . New section filed 7-24-87: operative 7-24-87 pursuant to Government Code
.Section 1 1346.2(d) (Register 87. No. 32).
2. Change without regulatory effect repealing section filed 11-1-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95, No. 44).
§ 7278. Loans in Excess of $200,000.
NOTE: Authority cited: Section 50857, Health and Safety Code. Reference: Sec-
tion 50857, Health and Safety Code.
History
1. New section filed 7-24-87; operative 7-24-87 pursuant to Government Code
Section 1 1346.2(d) (Register 87. No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95, No. 44).
§ 7280. Interest Rate.
NOTt:: Authority cited: Section 50857, Health and Safety Code. Reference: .Sec-
lions 50855 and 50857, Health and Safety Code.
HisrORY
1. New section filed 7-24-87: operaiixe 7-24-87 pursuant to Government Code
Section 1 1346.2(d) (Regi.sler 87. No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100. title I. California Code of Regulations (Register 95, No. 44i.
§ 7282. Loan Repayment.
NOTE: Authority cited: Section 50857, Health and Saletv Code. Retcrcnce: Sec-
tions 50856 and 50857, Health and Salety Code.
HiSIORY
1. New section filed 7-24-87: operative 7-24-87 pursuant to Government Code
Section 1 l.M6.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed I 1-1-95 pursuani lo
section 100. title 1, California Code of Regulations (Register 95, No. 44).
Article 3.
Application and Funding
Procedures
§ 7284. Application Requirements.
NOTE: Authoritv cited: Section 50857, Health and Safety Code. Reference: Sec-
tions .50853, 508.57 and 50858, Health and Safety Code.
History
1 . New .section filed 7-24-87; operative 7-24-87 pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing article 3 and section filed I I - 1-'>5
pursuant to section 100, title 1 , California Code of Regulations (Reeister 95. No.
44).
§ 7286. Application Process.
NOTE: Authority cited: Section 50857, Health and Safetv Code. Reference: Sec-
tions 50855 and 50857, Health and Safety Code.
History
1. New section filed 7-24-87; operative 7-24-87 pursuani lo Government Code
Section 1 1.346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuani to
section 100, title 1, California Code of Regulations (Register 95, No. 44).
§ 7288. Project Selection.
NOTE: Authority cited: Section 50857, Health and Safety Code. Reference: Sec-
lions 50855 and 50857, Health and Safely Code.
History
1. New section filed 7-24-87; operative 7-24-87 pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1, California Code of Reeulaiions (Resister 95, No. 44).
Article 4. Program Operations
§ 7290. Legal Documents.
NOTE: Authority cited: .Section 50857, Health and Safety Code. Reference: Sec-
tion 50856. Health and Safety Code.
History
1. New section filed 7-24-87; operative 7-24-87 pursuant lo Government Code
Section 1 1 346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing article 4 and section filed 1 i-i-M5
pursuani lo section 1 00, title 1 , California Code of Reeulalions ( Register 95, No.
44).
§ 7292. Disbursement of Loan Funds.
Note; Authority cited: Section .50857, Health and Safely Code. Reference: Sec-
tions 50856, Health and Safety Code.
Hlstory
1 . New section filed 7-24-87; operative 7-24-87 pursuant to Government Code
Seefion 1 1.346.2(d) (Register 87. No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95, No 44).
§ 7294. Amendment to Agreements.
NOTE: Authority cited: Section 50857, Health and Safety Code. Reference: Sec-
tions 50856, Health and Safety Code.
History
1 . New section filed 7-24-87; operative 7-24-87 pursuant to Government Code
Section 1 1346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed 1 1-1-95 pursuant to
section 100, title 1, California Code of Regulations (Reeister 95, No. 44).
Page 326.3
Register 2(X)8, No. 1 4; 4 - 4 - 2008
§ 7296
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7296. Termination of Agreements.
Notf:: Authority cited: Section 50857, Health and Safety Code. Rel'erencc: Sec-
tion 50856(a), Health and Safely Code.
History
1. New section Hied 7-24-87: operative 7-24-87 pursuant to Government Code
Section 1 1 346.2(d) (Register 87, No. 32).
2. Change without regulatory effect repealing section filed ] 1-1-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95. No. 44).
Subchapter 4. Multifamily Housing
Program
Article 1. General
§ 7300. Purpose and Scope.
(a) These regulations implement and interpret Chapter 6.7 (eommenc-
ing with Section 50675) ofPart 2 ol'Division 3 1 , Health and Safety Code,
which establishes the Multifamily Housing Program.
(b) These regulations establish terms, conditions and procedures for
funds awarded after the effective date of these regulations.
NOTE: Authority cited: Sections 50406(n). 50675.1(0 and 50675.1 1, Health and
Safety Code. Reference: Sections 50406 and 50675, Health and Safety Code.
History
1 . Amendment of subchapter 4 headine and new subchapter 4 (articles 1-5, .sec-
tions 7300-7336), article 1 (sections^ 7300-7301 ) and section filed 1-8-2002:
operative 1-8-2002 pursuant to Government Code section 11343.4 (Register
2002, No. 2). For prior history of subchapter 4 (articles 1-2, sections
7300-7330), see Reeister 96, No. 12.
§ 7300.1. Uniform Multifamily Underwriting and Program
Rules.
(a) Subchapter 19 of Title 25. Division 1. Chapter 7 (cominencitig with
Section 8300) is hereby incorporated by reference into this subchapter
and shall apply to rental housing developments receiving assistance un-
der the Multifamily Housing Program.
(b) In the event of a conflict between the provisions of Subchapter 1 9
and this Subchapter 4, the provisions of this Subchapter 4 shall prevail.
NOTIZ: Authority cited: Sections 504()6(n). 50675. 1(c) and 50675. 11, Health and
Safety Code. Reference: 50675.1. 50675.2. 50675.4. 50675.5, 50675.6. 50675.7
and 50675.8. Health and Safety Code.
Hi.STORY
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Regi.ster 2003. No. 40).
§7301. Definitions.
In addition to the definitions found in Chapter 2 (coiTimencing with
Section 50050), of Part 1 of Division 1 ofihe Health and Safety Code, and
Health and Safety Code Section 50675.2, the following definitions and
those found in the Uniform Multifamily Regulations (Chapter 7. sub-
chapter 19, Section 8301 ) shall apply to this subchapter. In the event of
a conflict between the following definitions and those cited above, the
following definitions prevail for the purposes of these regulations. The
deflned terms will be capitalized as they appear in the regulation text.
References to code sections refer to sections of these regulations unless
otherwise noted:
(a) "'Affordable Rents" means Rents estabHshed for Assisted Units in
accordance with Section 7312.
(b) "Area Median Income" means the most recent applicable county
median family income published by TCAC.
[The next page is 327.]
Page 326.4
Register 2008, No. 14; 4-4-2008
Title 25
Department of Housing and Community Development Programs
^ 7302
(c) '"Ailiclc XXXIV" means the Article ol'lhe CaliCorniu Constitution
(Health and Safety Code Section 37()()()) that feqiiires advance voter ap-
proval of certain publicly t'linded low-rent housing Projects.
(d) "Disabled Household" means a household in which a member has
an orthopedic disability impairing personal mobility or a physical dis-
ability alTecting his or her ability to obtain employment, or in which a
person requires special care or facilities in the home. "Disabled House-
hold" also includes a household in which a member has a developmental
disability specified in subdivision 45 1 2(a) of the Welfare and Institutions
Code, ov a mental disorder, which would render him or her eligible to par-
ticipate in programs of rehabilitation or social services conducted by or
on behalf of a public agency, or a single person with such a developmen-
tal disability or mental disorder.
(e) "ElTiciency Unit" means a Dwelling Unit containing only one hab-
itable room. A room in a structure that is a single-family house at the time
of application will not be considered to be an Efficiency Unit eligible for
program funds.
(f) "Eligible Households" means households whose incomes do not
exceed the income limits specified by TCAC or other, lower income lim-
its agreed to by a Project Sponsor and the Department. In non-Special
Needs Population Projects, household income will be calculated on the
basis of Units in accordance with TCAC rules and procedures. In Special
Needs Populations Projects, household income may be calculated on the
basis of bedrooms within a single-family house and bedrooms within an
apartment Unit, provided all Project Units are located on the same parcel
or on contiguous parcels and the bedrooms are: ( 1 ) occupied by a single
individual who is a member of a Special Needs Populations, or an indi-
vidual member of a Special Needs Populations and his or her relatives or
caretaker and (2) subject to an individual rental or occupancy agreement.
In transitional Special Needs Populations Projects, household income
may be calculated on the basis of each occupant of each bedroom pro-
vided all Project Units are located on the same parcel or on contiguous
parcels and no more than 2 unrelated persons are occupying a bedroom.
(g) "Fiscal Integrity" means that the total Operating Income plus funds
released pursuant to the Regulatory Agreement from the operating re-
serve account is sufficient to: ( 1 ) pay all current Operating Expenses; (2)
pay all current debt service (excluding deferred interest); (3) fully fund
all reserve accounts (other than the operating reserve account) estab-
lished pursuant to the Regulatory Agreement; and (4) pay other extraor-
dinary costs permitted by the Regulatory Agreement. The ability to pay
any or all of the permitted annual Distributions shall not be considered
in determining Fiscal Integrity.
(h) "Fund" means the Housing Rehabilitation Loan Fund established
pursuant to Section 50661 of the Health and Safety Code.
(i) "Initial Operating Year" means the initial period of operation of the
Rental Housing Development, beginning at the time of the inidal occu-
pancy ol" the completed Project and ending on the last day of the fiscal
year for the development.
(j ) "Manager" s Unit" means a Unit in which the on-site manager of the
Project resides. A Manager's Unit will not be considered to be an MHP
Assisted Unit, nor will it be considered to be a Restricted Unit for the pur-
pose of calculating allowable Distributions. A Manager's Unit will be
considered to be a Restricted Unit for the purpose of allocating develop-
ment costs and may qualify for a loan amount up to the amount applicable
tothe60'7r of AMI level.
(k) "Nonprofit Corporation" means the same as defined in Section
50091 of the Health and Safety Code.
(/) "Refinance" means to pay off all or a portion of existing debt se-
cured by the Project with the proceeds of a Program loan or other financ-
ing also secured by the Project.
(m)
(n) "Rehabilitation" means the term as defined in Section 50096 of the
Health and Safety Code, including improvements and repairs made to a
residential structure acquired for the purpose of preserving its affordabil-
ity.
(o) "Rent" means the same as "gross Rem." as defined in the Internal
Revenue Code (26 USC 42(g)(2)(B). It includes all mandatory charges.
other than deposits, paid by the tenant for the use and occupancy of an
Assisted Unit, plus a utility allowance established in accordance with
TCAC regulations. For Units assisted under the HUD Section 8 or similar
rental subsidy program. Rent includes only the tenant contribution por-
tion of the contract rent.
(p) "Rent-Up Costs" means costs incurred in connection with market-
ing and preparing an Assisted Unit for occupancy while the Unit is on the
housing market but not yet rented to its first tenant.
(q) "Residential Hotel" means any building that contains 6 or more
Residential Hotel Units, where a majority of the Units are Residential
Hotel Units. Single-family houses are not considered Residential Hotels.
(r) "Residential Hotel Unit," also referred to as a single room t)ccupan-
cy Unit or an SRO, means an Efficiency Unit that: ( 1 ) is occupied as a
primary residence, and (2) is subject to state landlord-tenant law pur-
suant to Chapter 2 (commencing with Section 1940) of Title 5 ol' Pari 4
of Division 3 of the Civil Code. The term also includes a Unit in an "SRO
Project" as described in California Code of Regulations, Title 4, Section
10325(g)(3).
(s) "Special Needs Populations" means Disabled Hou.seholds, agricul-
tural workers, single-parent households, survivors of physical abuse,
homeless persons or persons at risk of becoming homeless, chronically
ill persons including those with HIV and mental illness, displaced teen-
age parents (or expectant teenage parents), homeless youth as defined in
Government Code section 1 1 139.5, individuals exiting from institutional
settings, chronic substance abusers, or other specific groups with unique
housing needs as determined by the Department. "Special Needs Popula-
tions" do not include seniors or the frail elderly unless they otherwise
qualify as a Special Needs Population.
(t) "State Median Income" means the most recent total median family
income for California issued by the federal Department of Housing and
Urban Development ("HUD"). For the purposes of assigning point
scores and establishing income limits for Assisted Units, Stale Median
Income percentages will be expressed as a percentage of Area Median
Income rounded up to the next highest five percent increment as calcu-
lated annually by the Department.
(u) "Substantial Rehabilitation" means a Rehabilitation Project where
the contract for Rehabilitation work equals or exceeds $25,000 per Unit.
NOTE; Authority cited: Sections 50406(n), .50673.1(0) and .S()675.l 1. Health and
Safety Code. Reference: Sections 50675, 50675.1(0 and 50675.2. Health and
Safety Code.
History
1. New section fded 1-8-2002: operative 1-8-2002 pursuant to Govcniment
Code section 1 134.1.4 (Register 2002, No. 2).
2. Amendment filed 9-29-2003; operative 9-29-2003 pursuant lo G()\emn)cni
Code section 1 1343.4 (Resister 2003. No. 40).
Article 2. Program Requirements
§ 7302. Eligible Project.
Proposed Projects are eligible only if:
(a) the Project includes the new construction or Rehabilitation of a
Rental Housing Development or conversion of a nonresidential structure
to a Rental Housing Development; for purposes of calculating Program
loan amounts and for the purpose of determining compliance with Pro-
gram requirements that a Rental Housing Development contain 5 or more
Units, a single-family house is considered lo be one Unit, and an apart-
ment Unit in an apartment building is considered to be one Unit regard-
less of the number of bedrooms within the apartment Unit;
(b) other development funding sources are insufficient to cover Proj-
ect development costs; and
(c) at the time of the application due date, the construction or Rehabi-
litation work has not commenced, except for emergency repairs to exist-
ing structures required to eliminale hazards or threats to health and safe-
ty-
Page 327
Register 2003, No. 40; 10-3-200.3
ij 7303
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Noil:; Authority cited: Sections 50406(n). -^0675. 1(c) and 50673. 1 1 . Health and
Safety Code. Reference: Sections 50675.2(d). 50675.4 and 50675.7. Health and
Safety Code.
History
1. New article 2 (sections 7.^02-7316) and section Hied 1-8-2002: operative
1-8-2002 pursuant to Government Code section 1 i:')4.3.4 (Register 2002. No.
2).
2. Aniendnicnl filed ^)-29-2003; operative 9-29-2(1)3 pursuant to Government
Code section 1 1.343.4 (Register 2003. No. 40).
§ 7303. Eligible Sponsor.
(a) A Sponsor shall be any individual, joint venlitre. parinership, liin-
ifed partnership, trust, corporation, limited liability corporation, local
public entity, duly constituted governing body of an Indian reservation
or rancheria, or other legal entity, or any combination thereof which
meets the requirements of subsection (c), below.
(b) A Sponsor shall be organized on a for-profit, including limited
profit, or nonprofit basis.
(c) In order to be eligible for funding, a Sponsor must demonstrate ex-
perience relevant to owning and developing affordable rental housing
through one or rnore of the following:
( 1 ) successful prior ownership and developtnenl of affordable rental
housing;
(2) employment of a staff with demonstrated experience owning and
developing affordable rental housing.
(d) Where 70% or more of the Units are reserved for Special Needs
Populations, the Sponsor may qualify for development or ownership ex-
perience required by subsection (c)( 1 ), above, by demonstrating that the
Sponsor has experience owning and developing affordable rental hous-
ing or operating and developing affordable rental housing through the
following:
( 1 ) the Sponsor may qualify for development experience by contract-
ing with a developer or development consultant for the provision of com-
prehensive development management services, provided that the Spon-
sor and the contractor have entered into an agreement acceptable to the
Department making the contractor responsible for financial packaging,
selection of other consultants, selecting the general constmction contrac-
tor and property management agent, oversight of architectural design,
construction management, and other major aspects of the development
process; and
(2) the Sponsor may qualify for ownership experience if the role and
responsibility of the Sponsor in the Projects submitted for such experi-
ence is commensurate with the ownership role and responsibilities in the
proposed Project.
(e) If the Sponsor is a joint venture, and qualifies as an eligible Sponsor
under the preceding subsections based on the experience of only one joint
venture partner, that partner must have a controlling interest in the joint
venture and a substantial and continued role in the Project's ongoing op-
erations, as evidenced in the documents governing the joint venture.
NOTB: Authority cited: Sections 50406(n), 50675.1(c) and 50675.1 1. Health and
Safety Code. Reference: Sections 50675.6 and 50675.7(c)(3), Health and Safety
Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code .section 1 1343.4 (Register 2002. No. 2).
2. Amendment Fded 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 11 343.4 (Register 2003, No, 40).
§ 7304. Eligible Uses of Funds.
(a) Funds shall be used only for approved eligible costs that are in-
curred on the Project as set forth in this section, including the Refinance
of interim loans used to pay such costs. In addition, the costs must be nec-
essary and must be consistent with the lowest reasonable cost consistent
with the Project's scope and area as determined by the Department.
(b) Eligible costs include the following:
(1) property acquisition;
(2) refinancing of existing long-term debt, only in connection with a
Project involving Substantial Rehabilitation, and only to the extent nec-
essary to reduce debt service to a level consistent with the provision of
Affordable Rents in Assisted Units and with the Fiscal Integrity of the
Project;
(3) land lea.se payments;
(4) construction and Rehabilitation work;
(5) oif-sile itnprovetnents, such as sewers, utilities and streets, direct-
ly related to, and required by the Rental Housing Development;
(6) on-site itnprovements related to the Rental Housing Development;
(7) architectural, appraisal, engineering, legal and other consulting
costs and fees, which are directly related to the planning and execution
of the Project and which are incurred through third-party contracts;
(8) development costs o\' a residential Unit reserved for an on-site
tnanagcr, childcare facilities, and after-school care and social service fa-
cilities integrally linked to, and addressing the needs of the tenants of the
Assisted Units;
(9) a reasonable developer fee subject to the provisions of Section
83 1 2 of this title;
(10) Rent-Up Costs;
(11) carrying costs during construction, including insurance,
construction financing fees and interest, taxes, and any other expenses
necessary to hold the property while the Rental Housing Development
is under construction;
(12) building permits and state and local fees;
(13) capitalized operating and capitalized replacement reserves up to
the amount of the initial deposit required by the Department pursuant to
Sections 8308(b) and 8309(b) of this title.
( 14) escrow, title insurance, recording and other related costs;
(15) costs for items intended to assure the coinpletion of construction,
such as contractor bond premiums;
(16) environmental hazard reports, surveys, and investigations;
(17) costs of relocation benefits and assistance required by law; and
( 1 8) any other costs of Rehabilitation or new construction approved by
the Department.
(c) Except as provided in subsection (b)(8), above, no Program funds
shall be used for costs associated exclusively with non-Restricted Units
or Commercial Space. A Manager's Unit may be considered to be a Re-
stricted Unit for the purpose of allocating development costs. If only a
portion of the Rental Housing Development consists of Restricted Units,
the Progratn loan amount shall not exceed the suin of the following:
(1) the costs of all items specified in subsection (b), above, associated
exclusively with the Restricted Units;
(2) a share of the costs of common areas used primarily by residential
tenants. This share shall be in direct proportion to the ratio between the
gross floor area of the Restricted Units and the gross floor area of all resi-
dential Units; and
(3) a share of the cost of other items such as roofs that cannot specifi-
cally be allocated to Restricted Units. non-Restricted Units, or Commer-
cial Space. This share shall be in direct proportion to the ratio between:
(A) the gross floor area of the Restricted Units, plus a share of the gross
floor area of common areas used primarily by residential tenants in direct
proportion to the ratio between the gross floor area of the Restricted Units
and the gross floor area of all Units; and
(B) the total gross floor area of the structure or structures.
NOTE: Authority cited: Sections 50406(n), 50675.1(c) and 50675. 11, Health and
Safety Code. Reference: Sections 50675.2(e) and (h) and 50675.5, Health and
Safely Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002. No. 2).
2. Amendment of subsections (b)(9) and (b)(13) filed 9-29-2003: operative
9-29-2003 pursuant to Government Code section 1 1 343,4 (Register 2003. No.
40),
§ 7305. [Reserved].
NOTE: Authoritv cited: Sections .50406(n), 50675.1(c) and 50675. 11. Health and
Safety Code. Reference: Sections 50675.2(c), 50675.4(c)(1) and 50675, 5(b)(8),
Health and Safety Code,
History
1, New section filed 1-8-2002; operafive 1-8-2002 pursuant to Government
Code section 1 1343,4 (Register 2002, No, 2).
Page 328
Register 2003, No, 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
S 73(18
2. RcpcalcrancI rcscrvalioii ofsection lilctl 9-29-2003; operative 9-29-2003 pui-
suani to Govemnienl Code seetioii 1 1343.4 (Register 2003, No. 40).
^ 7306. Type and Term of Loan.
(a) Program funds shall be used for post-construction, permanent fi-
nancing only, except under an agreement with California Housing Fi-
nance Agency to provide construction period financing to eligible Proj-
ects receiving financing from both California Housing Finance Agency
and the Program.
(b) The initial term of the loan shall be 55 years, commencing on the
dale o\' recordation of the Program loan documents.
(c) Upon request by the Sponsor, the Department may approve a
lO-year extension of the loan term if the Department determines both of
the following are met:
( 1 ) The Sponsor is in compliance with the Regulatory Agreement and
other Program loan documents and agrees to continue to comply during
the extended term: and
(2) The extension is necessary to continue operations consistent with
Program lequirements.
(d) The Deparimeni may condition the extension on such terms as it
deems necessary to ensure compliance with the requirements of the Pro-
gram.
(e) The Program loan shall be secured by the Project real property and
improvements, subject only to liens, encumbrances and other matters of
record approved by the Department. The Program loan shall have priority
over loans from local public agencies and loans provided by the Afford-
able Housing Program administered by the Federal Home Loan Bank,
provided that the Department may subordinate to these loans if they have
a principal amount equal to or greater than twice the amount of the Pro-
gram loan.
(f) Where the requirements of federal funding for a projeci, or the re-
quirements of the low-income housing tax credits used in a project,
would cause a violation of the requirements of these regulations, the re-
quirements of these regulations may be modified as necessary to ensure
program compatibility. Where the requirements of federal funding or tax
credits create what are deemed to be minor inconsistencies as determined
by the director of the Department, the Department may waive the require-
ments ol' the.se regulations as deemed necessary to avoid an unnecessary
administrative burden. Any such modifications or waivers shall be in-
cluded in the Regulatory Agreement or other documents governing the
MHPloan.
Nore:: Authority cited: Sections ,'^0406(n), .50675.1(c) and 50675.1 1. Health and
Saletv Code. Reterence: Sections 50675.1(b), 50675.6 and 50675.8, Health and
Salety Code.
History
1. New section filed l-H-2002: operative 1-8-2002 pursuant to Government
Code section 11343.4 (Register 2002, No. 2).
2. Amendment of subsections (a) and (c)( 1) filed 9-29-2003; operative
9-29-2003 pursuant to Government Code section 1 1 343.4 (Register 2003, No.
40).
i^ 7307. Maximum Loan Amounts.
(a) The loan amount shall not exceed the total eligible costs required,
when considered with other available financing and assistance, in order
to:
(1) enable the acquisition, development and construction or Rehabi-
litation of the Rental Housing Development;
(2) ensure that Rents for Assisted Units comply with Program require-
ments; and
(3) operate in compliance with all other Program requirements.
(b) The loan amount is further limited to the sum of:
(Da base amount per Restricted Unit; plus
(2) the amount per Restricted Unit required to reduce Rents from 30%
of 60% of Area Median Income to the actual maximum restricted Rent
for the Unit, assuming that the Rent reduction will be achieved by substi-
tuting Program funds for private amortized debt, and calculated by the
Department based on private market multifamily rental loan terms avail-
able at the time of issuance of each notice of funding availability.
The initial base amount shall be $30,000 per Restricted Unit. The De-
partment may periodically adjust this amount as necessary lo ensure a
sufficient volume of applications that meet the ohjeclives of the Program,
as evidenced by high rating scores received under Section 7320(b). in
making adjustmenls to the base amount, the Deparimeni shall consider
(A) demand evidenced in previous funding rounds; (B) the total amounl
ol Program funds available for award; (C) trends in Projeci deveiopmenl
costs; and (D) trends in the terms and availability of supplemental devel-
opment I'unding sources.
(c) For loan limit calculations. Unit count shall include (he number of
single-family houses plus the number of Units within an apartment
building or [Residential Hotel regardless of whether bedrooms are rented
individually.
For Units receiving rental assistance under renewable rental subsidy
contracts, the loan amount will be based on the level ol income restriction
that will apply following the closing of the Program loan.
(d) In each notice of funding availability, the Deparimeni shall estab-
lish a maximum per Projeci loan amount. This maximum shall be set at
a level that ensures sufficient demand for Program funds while meeting
the Program's geographic and other distribution goals, taking into ac-
count the demand evidenced in previous funding rounds, the availability
of other sources of rental subsidy financing and the total amoimt of Pro-
gram funds available for award.
NOTE: Authority ciled: Sections 504()6(n). 50675.1(c) and 50675.1 1. Health and
Safety Code. Reference: Sections 50675.1 and 50675. 6(e). Health and Safety
Code.
History
1. New section fded 1-8-2002; operative 1-8-2002 pursuant lo Government
Code .section 1 1343.4 (Register 2002. No. 2).
2. Amendment of subsections (b)(2) and (c) filed 9-29-2003; operative
9-29-2003 pursuant to Government Code section 1 1 343.4 ( Register 2003. No.
40).
§ 7308. Interest Rate and Loan Repayments.
(a) Loans shall bear siinple interest of 39f per annum on the unpaid
principal balance. Interest shall acciTie from the date that funds are dis-
bursed by the Departinent to or on behalf of the Sponsor.
(b) For the first 30 years of the loan lerin, payments in the amount of
0.42% of the outstanding principal loan balance shall be payable to the
Department commencing on ihe last day of the Initial Operating Year and
continuing on each anniversary date thereafter. The balance of accrued
interest shall be payable out of Operating Incoine remaining after pay-
ment of approved Operating Expenses, debt service on other loans, re-
serve deposits, and Sponsor Distributions. Commencing on the 30lh an-
niversary of the last day of the Initial Operating Year, interest shall be
payable in an amounl equal to the lesser of; ( 1 ) the full amount of interest
accruing on the outstanding principal loan amount; or (2) the amount de-
termined by the Department to be necessary to cover the costs of contin-
ued monitoring of the Project for compliance with the requirements of the
Program. HUD Section 81 1 and 202 projects will be subject lo the re-
quirements of this subsection.
(c) Except for the required payment of 0.42^/< of the outstanding prin-
cipal loan balance, the Department shall permit the deferral of accrued
interest for such periods and subject to such conditions as will enable the
Sponsor to maintain Affordable Rents, maintain the Fiscal Integrity of
the Project and pay allowable Distributions pursuant to Section 83 14 of
this title.
(d) All Program loan payments (including the 0.42% loan payment)
shall be applied in the following order: (1) to any expenses incurred by
the Departmentto protect the property orthe Department's security inter-
est in the property, or incurred due to the Sponsor's failure to perform any
of the Sponsor's covenants and agreements contained in the deed of trust
or other loan documents; (2) to the payment of accrued interest; and (3)
to the reduction of principal.
(e) The total outstanding principal and interest, including deferred in-
terest, shall be due and payable in full to the Department at the end of the
loan term including any extension granted by the Department. The De-
partment shall, at the end of the loan term, forgive that portion of the Pro-
Page 329
Register 2003, No. 40; 10-3-2003
$ 7309
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
griim loan, including principal and deferred inleresi. applied lo the costs
ol' developing ehildcare facilities provided that such facilities have been
operated for ehildcare purposes for a period of not less than 10 years.
Nori^: Authority cited: Sections 504()6(n). 50675.1(0 and 50675.1 1. Health and
Safely Code, r^elcrcnce: Sections 50675.1 and 50675.6(c). Health and Saletv
Code.
HisroRY
1. New section filed l-X-2002: operative 1-8-2002 pursuant to Government
Code section 1 1.^4.14 (Register 20(J2. No. 2).
2. Ainendnienl of subsection (c) lllcd 9-29-200."^: operative 9-29-200.^ pursuant
to Government Code section 1 134.^.4 (Register 200.3. No. 40l.
§ 7309. Appraisal and Market Study Requirements.
(a) As a condition of funding, the Department may require an appraisal
or market study, or both, to:
( 1 ) establish a market value for the land lo be purchased or leased as
pari of the Projecl for purposes of evaluating the reasonableness of the
purchase price or lease terms pursuant to Section 7304;
(2) assist with establishing other reasonable development costs pur-
suant lo vSeclion 7304;
(3) assess Fiscal Integrity;
(4) verify an adequate tenant market.
(b) Any appraisal required by the Department shall be prepared at the
Sponsor's expense by an individual or firm which:
( 1 ) has the appropriate license and the knowledge and experience nec-
essary to competently appraise low-income residential rental property;
(2) is aware of. understands, and correctly employs those recognized
methods and techniques that are necessary to produce a credible apprais-
al;
(3) in reporting the results of the appraisal, communicates each analy-
sis, opinion and conclusion in a rnanner that is not misleading as to the
true value and condition of the property; and
(4) is an independent third party having no identity of interest with the
Sponsor, the partners of the Sponsor, the intended partners of the Spon-
sor, or with the general contractor.
(c) Any market study required by the Department shall be prepared at
the Sponsor's expense by an individual or firm which:
(1) has the knowledge and experietice necessary to conduct a compe-
tent tnarket study for low-income residential rental property;
(2) is aware of, understands, and correctly employs those recognized
methods and techniques that are necessary to produce a credible market
study;
(3) in reporting the results of the market study, communicates each
analysis, opinion and conclusion in a manner that is not misleading as to
the true market needs for low-income residential property; and
(4) is an independent third party having no identity of interest with the
Sponsor, the partners of the Sponsor, the intended partners of the Spon-
sor, or with the general contractor.
NOTE: Authority cited: Sections 50406(n), 50675.1(c) and 50675.1 1. Health and
Safety Code. Reference: Sections 50675. 1 (c) and 50675.7(b)(3), Health and Safe-
ty Code.
History
I. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 1 343.4 (Register 2002, No. 2).
§7310. [Reserved].
NOTE: Authority cited: Sections 50406(n). 50675.1(c) and 50675.11, Health and
Safety Code. Reference: Sections 50675. 1 (c), 50675.2(b) and 50675.7, Health and
Safety Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 2).
2. Repealer and reservation of section filed 9-29-2003; operative 9-29-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 40).
§ 731 1 . Over-Income Households.
(a) If, at the time of recertification. a tenant household's incoine ex-
ceeds the limit for an income level applicable to new tenants that is great-
er than the income limit designated for the household, and, to the extent
a rent increase for the household is permitted by statutes and regtilations
governing the low income housing tax credit program, the Sponsor:
( 1 ) shall redesignate the tenant's Unit as a Unit at the higher income
level;
(2) shall increase the tenant's Rent to the level applicable to Units at
the higher income level; and
(3) shall designate the next available comparable Unit as a Unit at the
income level originally applicable to the household unit the Unit inix re-
quired by the Program regulatory agreeinent is achieved. A Unit shall be
deemed "comparable" if it has the same number of bedrooms as the origi-
nal Unit.
For example, in a Project where the incoine limits utilized to qualify
new tenants are 20%. 409^^ and 50'7( of Area Median Income, if the in-
come of a household occupying a Unit designated as a 20% Unit in-
creases to 48% of Area Median Income, the Sponsor inust redesignate the
household's Unit as a Unit at the 50% level, increase the tenant's Rent
to the level applicable to Units at the 50% level, and designate the next
available comparable Unit as a Unit at the 20% income level.
(b) If at the time of recertification a tenant household's income ex-
ceeds the income limit designated for the household's Unit, but does not
exceed the limit for a higher income level applicable to new tenants, the
Sponsor may increase the household's Rent to an amount not exceeding
the Rent limit applicable to the household's income level at the time of
recertification. For purposes of this subsection, income levels shall not
be limited to those applicable to new tenants, and shall consist of five per-
cent increments of area median income. Continuing with the example de-
scribed in the subsection (a), the income levels utilized to establish Rent
limits upon recertification would be 20%, 25%, 30%, 35%, etc. A house-
hold occupying a Unit in this project with a 20%' limit whose income,
.upon recertification, had increased to 32% of area median income could
have their Rent increased to the Rent level applicable to the 35% incoine
level.
NOTE: Authority cited: Sections 50406(n). 50675.1(c) and 50675.1 1, Health and
Safety Code. Reference: Sections 50675.2(b), 50675.7 and 50675.8, Health and
Safety Code.
History
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 11 343.4 (Register 2002, No. 2).
2. Repealer and new section filed 9-29-2003; operative 9-29-2003 pursuant to
Goveniment Code section 1 1343.4 (Register 2003, No. 40).
§7312. Rent Standards.
The Department shall establish Rent hmits for Assisted Units in each
Project in accordance with the following:
(a) Rent limits for initial occupancy and for each subsequent occupan-
cy by a new Eligible Household shall be based on Unit type, applicable
income limit, and area in which the Project is located, following the cal-
culation procedures used by TCAC and using the income limits recog-
nized by TCAC for purposes of application scoring as well as the income
limits utilized by the Program for this purpose pursuant to Section
7320(b)(1). The maximum Rent limit shall be 30% of 60% of Area Me-
dian Income for the appropriate Unit size.
(b) Rents will be further restricted in accordance with Rent and income
limits submitted by the Sponsor in its appHcation for the Program loan,
approved by the Department, and set forth in the Regulatory Agreement.
Rents shall not exceed 30% of the applicable income eligibility level.
(c) Rents in Assisted Units may be adjusted no more often than annual-
ly. The amount and method of adjustment for Assisted Units shall be in
accordance with the regulations and procedures used by TCAC.
(d) The Department may permit an annual Rent increase greater than
that permitted by this section if the Project's condnued Fiscal Integrity
is jeopardized due to factors that could not be reasonably foreseen.
(e) For Units receiving HUD Section 8 or other similar rental assis-
tance, the rules of the rental assistance program pertaining lo Rent in-
creases will prevail for as long as the rental assistance remains in place.
Changes in the tenant contribution amounts may occur more often than
annually as required by the rental assistance program.
Page 330
Register 2003, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
S7316
(f) Where a Project is receiving renewable Frojeci-based rental assis-
tance:
( 1 ) the Sponsor siiall in good faith apply tor and accept all renewals
available;
(2) the Sponsor shall fund a transition reserve to be used in the event
the rental assistance contract is terminated. The iransiiion reserve shall
be in an amount sufficient to prevent, for two years. Rent increases for
Units that formerly received rental assistance and were restricted to
households with incomes not exceeding a percentage of State Median In-
come, expressed as a percentage of Area Median hicome. The transition
reserve may be capitalized or I'unded from annual project cash llov/ in
amounts to be approved by the Department. Use of funds in the reserve
shall be subject to the review and approval of the Department; and
(3) ii the Project-based rental assistance is terminated. Rents for Units
previously covered by this assistance may be increased above the levels
allowed pursuant to subsection (c). above, but only to the minimum ex-
tent required for Fiscal Integrity, as determined by the Department. In
addition. Rents for such Units restricted to households with incomes not
exceeding a percentage of State Median Income, expressed as a percent-
age of Area Median Income, shall not in any event be increased to an
amount in excess of 30'7r of 50'7r of Area Median Income, adjusted by
number of bedrooms in accordance with TCAC requirements.
NOTl:. Authority cited: Sections .■=i0406(n). 50675. 1(c) and 50675. 11, Health and
Salety Code. Reference: Sections 50675.2(b) and (c) and 5(J675.8. Health and
Satcty Code.
HlSTOI^Y
1. New section filed l-S-2()02: operative 1-8-2002 pursuant to Government
Code section 1 LM3.4 (Register 2002, No. 2).
2. Amendment filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§7313. [Reserved].
NOTEi: Authority cited: Sections 504()6(n), 50675.1(0 and 50675. 1 1 , Health and
Safety Code. Reference: Sections 50675. 1(c). 50675.5 and 50675.8(a)(5). Health
and Safety Code.
HtSTOI^Y
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 2).
2. Repealer and reservation of section filed 9-29-2003; operative 9-29-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 40).
§ 7314. Limits on Design Features.
Except where required lo secure local governmeni approvals essential
to completion of the Project, or where necessary to receive tax credits for
historic preservation, costs associated with the following items are ineli-
gible for funding with Program loan proceeds, and cannot be paid for
frotn syndication proceeds or loans supported by Rents trom Assisted
Units:
(a) building and roof shapes, ornamentation and exterior finish
schemes whose costs are in excess of the typical costs of these features
in modestly designed rental housing;
(b) fireplaces, tennis courts, and similar amenities not typically found
in modestly designed rental housing; and
(c) custom-made windows, ceramic tile floors atid counters, hard-
wood floors, and similar features using materials not typically found in
modestly designed rental housing, except where such materials have
lower lifecycle costs due to lower operating, maintenance and replace-
ment costs.
NOTt:: Authority cited: Sections 50406(n). 50675.1(c) and 50675.1 1, Health and
Safetv Code, Reference: Sections 50675.5 and 50675.7(b), Health and Safety
Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 1 ,343.4 (Register 2002, No. 2).
2. Amendment of section heading and section tiled 9-29-2003; operative
9-29-2003 pursuant to Government Code seciion 1 1343.4 (Register 2003. No.
40).
§ 7315. Relocation Requirements.
(a) The Sponsor of a Project resulting in displacement of residential
tenants shall be solely responsible for providing the assistance and bene-
fits set forth in this section and in applicable stale and federal law . and
shall agree to indemnify and hold harmless the Department from any lia-
bilities or claims for relocation-ielated costs.
(b) All tenants of a property who are displaced as a direct result of the
development of a Project shall be entitled to relocation benefits and assis-
tance as provided in Title I. Division 7. Chapter 16 of the Go\ernment
Code, commencing at Section 7260, and Subchapter I of Chapter 6 of
Title 25 of the California Code of Regulations, commencing at Section
6000. Displaced tenants who are not replaced with Eligible Ht)iiseholds
under this Program shall be provided relocation benefits and ;issistance
from funds other than Program funds.
(c) The Sponsor shall prepare a relocation plan in conformance with
the provisions of California Code of Regulations. Title 2.5, Section 6().^S.
The relocation plan shall be subject to the review and approval by the De-
partment prior to the disbursement of Program funds.
(d) All Eligible Households who are temporarily displaced as a direct
result of the development of the Project shall be entitled, upon initial oc-
cupancy of the Rental Housing Development, to occupy Assisted Units
meeting the tenant occupancy standards set forth in Section 8.305 of this
title.
(e) All in-Eligible Households who are temporarily displaced as a di-
rect result of the development of the Project shall be entitled, upon initial
occupancy of the Rental Housing Development, to occupy any available
non-Assisted Units for which they qualify.
(f) Notwithstanding the preceding subsections, tenants who are noti-
fied in writing prior to their occupancy of an existing Unit that the Unit
may be demolished as a result of funding provided under the Program
shall not be eligible for relocation benefits and assistance under this .sec-
tion. The form of any notices used for this purpose shall be subject to De-
partment approval.
NOTI;: Authority cited: Sections 50406(n). 50675. 1(c) and 50675.1 1. Health and
Safety Code. Reference: Government Code. Title 1. Division 7. Chapter 16 (ct)m-
mencing with Section 7260).
History
1. New section tiled 1-8-2002; operative 1-8-2002 pursuant to Gt)vemment
Code section 1 1.343.4 (Register 2002. No. 2).
2. Amendment of subsection (d) filed 9-29-2003; operative 9-29-2003 pursuant
to Government Code section 1 1343.4 (Register 2003, No. 40).
§7316. Construction Requirements.
(a) The Department may review Project plans and speciflcalions to en-
sure the following objectives:
(1) Maintenance, repair, and replacement costs shall be minimized
during the useful life of the Rental Housing Development through use o\'
durable, low maintenance materials and equipment and design features
that minirnize wear and tear.
(2) Operating costs shall be minimized during the useful life of the
Rental Housing Development.
(3) Tenant security shall be enhanced through features such as those
designed to prevent or discourage unauthorized access and to allow for
ready monitoring of public areas.
(4) Unit sizes, ainenities, and general design features shall noi exceed
the standard for new developments rented at or below the market rent in
the area of the Project, and Unit density shall not be substantially less than
the average for new developments with such Units.
(b) The Sponsor shall ensure that the construction work for the Project
is performed in a competent, professional manner at the lowest reason-
able cost consistent with the Project's scope, design and locality and not
in excess of the total funds available.
(c) The Sponsor shall enter into a written contract for the construction
or Rehabilitation work with a contractor having the appropriate state li-
cense. The contract shall be subject to the prior approval of the Depart-
ment to determine coinpliance with Program requireinents.
(d) The construction contract shall be a completely integrated agree-
ment containing all the understandings, covenants, conditions and repre-
sentations between the parties and shall specify a total contract price con-
sistent with the Project budget approved by the Department.
Page 331
Register 2(X)3, No. 40; 10-3-2003
§7317
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(e) The Sponsor shall ensure that the construction contract requires
compliance with state prevailing wage law (Chapter 1 of Part 7 ot Divi-
sion 2 of the Labor Code, commencing with Section 1 720). The construc-
tion contract shall require the contractor to maintain labor records as re-
quired by law, and to make these records available to any enforcement
agency upon request. Prior to the close of the Program loan, the Sponsor
shall provide to the Department a certification that prevailing wages have
been paid or will he paid, and that the records shall be available consistent
with the requirements of this subsection.
NOTt:; Authoritv cited: Sections 50406(n), 5067.S.l(c) and 50675. 11. Health and
Safety Code. Re'terence: Sections 50675.5 and 50675.7. Health and Safety Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section WM^A (Resister 2002, No. 2).
Article 3. Application Procedures
§ 7317. Application Process.
(a) The Department shall periodically issue a Notice of Funding Avail-
ability (NOFA) thai specifies, among other things, the amount of funds
available, application requirements, the allocation of rating points, mini-
mum eligibility threshold point scores, the deadline for submittal of ap-
plications, the schedule for rating and ranking applications and awarding
funds, and the general terms and conditions of funding commitments. A
NOFA may declare as ineligible those Project applications for which the
Department has issued, or concurrently will issue, a special NOF.A pur-
suant to subsection (c)(4), below.
(b) Applications selected for funding shall be approved at loan
amounts, terms, and conditions specified by the Department. For each
Project selected for funding, the Department shall issue an award letter
and a conditional loan commitment.
(c) In order to implement goals and purposes of the Program, the De-
partment may adopt measures to direct funding awards to designated
Project types including, but not limited to. Rural Area Projects, Projects
located in areas needing additional funding to achieve a reasonable geo-
graphic distribution of Program funds. Projects preserving continued af-
fordability, and Projects with specified funding characteristics, includ-
ing, but not limited to. Projects receiving an award of tax credits from
TCAC. These measures may include, but are not limited to:
(1) Issuing a special NOFA for designated Project types.
(2) Awarding bonus points within a particular NOFA to designated
Project types.
(3) Reserving a portion of funds in the NOFA for designated Project
types.
(4) Notwithstanding anything in these regulations to the contrary, a
special NOFA issued pursuant to this subsection may establish an over-
the-counter application process, meaning the Department continuously
accepts and rates applications according to minimum threshold criteria
published in a NOFA for the process, and makes loans to Projects that
meet or exceed these criteria until the funding available for the process
is exhausted. At a minimum, a special NOFA shall include a description
of the application process and funding conditions, shall require com-
pliance with Section 7320(a), and shall establish minimum funding
threshold criteria based on the rating criteria set forth in Section 7320(b).
NOTE; Authority cited: Sections 50406(n), 50675.1(c) and 50675. 11, Health and
Safety Code. Reference: Sections 50675.1(c), 50675.6 and 50675.7, Health and
Safety Code.
History
1, New article 3 (sections 7317-7320) and section filed 1-8-2002: operative
1-8-2002 pursuant to Govemnient Code section 1 1343.4 (Register 2002. No.
2).
§ 7318. Application Requirements.
(a) Application shall be made on a form made available by the Depart-
ment requesting the information required by Multifamily Housing Pro-
gram Regulations.
(b) An application shall be deemed complete when the Department is
able to review the application and assess the proposed Project's feasibil-
ity pursuant to Section 8310 of this title and to deterinine from the in-
formation provided whether the Project is eligible for rating and ranking
pursuant to Section 7320.
(c) Submission of an application by the applicant and a co-applicant
tiiust be authorized by resolutions of the governing boards of both the ap-
plicant atid co-applicanl, unless the applicants are individuals.
Noi h.: Authority cited: Sections 5()406(n), 50675. 1(c) and 50675. 1 1 . Health and
Safety Code. Reference: Sections 50675.6 and 50675.7. Health and Safety Code.
HlS'lORY
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 13434 (Register 2002. No. 2).
2. .Amendment of suhsection (b) filed 9-29-2003: operative 9-29-2003 pursuant
to Government Code section 1 1343.4 (Register 2003, No. 40).
§ 7319. [Reserved].
NOTE; Authority cited: Sections 50406(n), 50675.1(c) and 50675.1 1, Health and
Safety Code. Reference: Section 50675.7, Health and Safety Code.
History
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code .section 1 1343.4 (Register 2002. No. 2).
2. Repealer and reservation of section tiled 9-29-2003: operative 9-29-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003. No. 40).
§ 7320. Project Selection.
(a) Projects shall not be eligible for an award of funds unless the ap-
plication demonstrates that all of the following conditions exist:
(1) The applicant is an eligible Sponsor pursuant to Section 7303:
(2) The Project involves an eligible Project pursuant to Section 7302;
(3) All proposed u.ses of Progratn funds are eligible pursuant to Section
7304;
(4) The application is complete pursuant to Section 7318;
(5) The Project will tnaintain Fiscal Integrity consistent with proposed
Rents in the Assisted Units and is feasible pursuant to Section 83 10 of this
title;
(6) The Project site is free from .severe adverse environmental condi-
tions, such as the presence of toxic waste that is economically infeasible
to remove and that cannot be mitigated;
(7) The Project site is reasonably accessible to public transportation,
shopping, medical services, recreation, schools, and employment in rela-
tion to the needs of the Project tenants;
(8) In Projects targeting Special Needs Populations, the Project will
provide services suitable to the needs of the tenants, and the application
demonstrates a specific, feasible plan for delivery and funding of those
services including identification of service partners and funding sources;
and
(9) The Project complies with the requirements of Sections 8302 and
8303 of this lille.
(b) Applications shall be reviewed by the Department to determine
compliance with subsection (a), above, and shall be rated and ranked in
accordance with this subsection (b). Applications shall be ranked in the
order of their point scores. The Department may establish a preliminary
point score and ranking for applications prior to determining their com-
pliance with subsection (a), above. If an application will not be within a
fundable range as indicated by the preliminary ranking, the Departtnent
is not required to determine the application's compliance with subsection
(a), above. Additional or alternative scoring may be implemented in par-
ticular NOFA's for designated Project types as described above in Sec-
tion 7317(c).
The following criteria shall be used to rate applications:
(1 ) The extent to which the Project serves households at the lowest in-
come levels — 35 points maximum.
Applications will be scored based on the percentage of Restricted
Units limited to various percentages of the State Median Income, ex-
pressed as a percentage of Area Median Income and adjusted by house-
hold size, and in accordance with the following schedules:
High Income Areas
For purposes of this subchapter, '"high income areas" means counties
with Area Median Incomes that exceed 110% of the State Median In-
come.
Page 332
Register 2003, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
ij 7320
(A) 0.15 points will be awarded lor eaeh percent of Restricted Units
that are Restricted Units for hotiseholds with incomes less than or equal
to 407t of Stale Median Income, expressed as a percentage ol" Area Me-
dian lnct)nie.
(B) I point will be awarded lor each percent ol' Restricted Units that
are Restricted Units lor households with incomes less than or equal to
}5'/( of State Median Income, expressed as a percentage of Area Median
Income.
(C) I ..'S points will be awarded for each percent of Restricted Units that
are Restricted Units for households with incomes not exceeding 20'/- of
State Median Income (adjusted by the Department to avoid exclusion of
working CalWORKs recipients and individuals receiving SSI and ex-
pressed as a percentage of Area Median Income) for the first 1 09f of total
Restricted Units; then I point for each subsequent percent of total Re-
stricted Units.
Point scores will be rounded to the nearest one hundredth point in this
category.
Ollwr Areas
(D) .15 points will be awarded for each percent of Restricted Units that
are Restricted Units for households with incomes less than or equal to
}5''/( of State Median Income, expressed as a percentage of Area Median
Income.
(E) 1 point will be awarded for each percent of Restricted Units that
are Restricted Units for households with incomes less than or equal to
3()9r of State Median Income, expressed as a percentage of Area Median
Income.
(F) 1 .5 points will be awarded for each percent of Restricted Units that
are Restricted Units for households with incomes not exceeding 2()9r ol"
State Median Income (adjusted by the Department to avoid exclusion of
working CalWORKs recipients and individuals receiving SSI and ex-
pressed as a percentage of Area Median Income) for the first 1 0% of total
Restricted Units: then I point for each subsequent percent of total Re-
stricted Units.
In Projects that rely on renewable Project-based rental assistance con-
tracts to maintain Fiscal Integrity consistent with the targeted income
limits (and associated tenant Rents), scores will be based on the income
limits and Rents applicable under the rent subsidy contract.
Point scores will be rounded to the nearest one hundredth point in this
category.
(2) The extent to which the Project addresses the most serious identi-
fied local housing needs — 15 points maximum.
(A) 5 points will be awarded based on the receipt of:
1. a letter from the local housing agency, or city, or county in which
the proposed Project will be located, stadng that the proposed Project will
address a serious local housing need as identified in a specific local
policy document: or
2. for Projects with a minimum of 70'^7f of Project Units reserved for
Special Needs Populations, a letter from a local government entity re-
sponsible for delivery of Special Needs Populations" services, stating
that the proposed Project will address a serious local housing need related
to Special Needs Populations served by the Project.
(B) Projects will receive 10 additional points if:
1 . at least 70% of the total Units are reserved for Special Needs Popula-
tions: or
2. at least 70% of the total Units have 2 or more bedrooms, and they
are located in one of the following counties: San Diego, Orange, Los An-
geles, Ventura, Santa Barbara, San Luis Obispo, Monterey, Santa Cmz,
San Mateo, Santa Clara. San Francisco, Alameda, Contra Costa, Napa,
Solano, Marin or Sonoma.
(C) For Projects not meeting the requirements of subsection (b)(2)(B),
above, up to 1 0 points will be awarded on the basis of vacancy rate com-
parisons with competitive developments as described in subparagraph
(3), below. (For purposes of the following vacancy rate comparison.
Units reserved for Special Needs Populations in the proposed Project and
competitive Projects shall not be considered.)
1. Competitive developments are mullifamily rental developments
with Units similar to those in the Project, which are not severely dilapi-
dated, are not being purposely held vacant or partially vacant, and are not
affected by some other unique situation that is artificially depressing oc-
cupancy levels. If the proposed Project is for the elderly, competitive
Projects must be limited to this population:
2. Units similar to those in the Project are defined as Units with the
same number o\' bedrooms and bathrooms. Where the proposed Project
contains 3 or 4 bedroom Units and where 3 or 4 bedroom multifamily
rental developments do not exist in the market area of the proposed Proj-
ect, competitive developments will be those multifamily rental develop-
ments containing the largest Units in the market area of the propt)sed
Project while meeting the requirements of subparagraph ( I .). above:
3. Points will be awarded on the basis of either the weighted average
vacancy rate, as documented by the Sponsor, of 5 or more competitive
developments, nearest the proposed Project, or the vacancy rale for com-
petitive Projects as determined by a market study, performed by a quali-
lied third party in accordance with the Department's application of
TCAC Market Study Guidelines dated February 2002 except that market
studies for proposed elderly Projects shall be limited to competitive el-
derly developments as follows:
(i) 10 points will be awarded if the vacancy rate is lower than 3%.
(ii) 5 points will be awarded if the vacancy rate is at least 3% but less
than or equal to 5%.
(3 ) The development and ownership experience of the Project Sponsor
— 20 points maximum.
(A) Applications will be scored based on the number ol' subsidized
Rental Housing Developments (including tax credit Projects) that the
Sponsor has completed over the last 5 years and whether they have identi-
fied performance problems.
(B) A Sponsor may include the experience of its affiliated entities or
its principals (e.g., employees responsible for managing development ac-
tivities), but not the experience of noti-managemeni board members. A
Sponsor may include the experience of a partner in order to gain experi-
ence points; however, the experienced partner must have a controlling in-
terest in the partnership and a substantial and continued role in the Proj-
ect's ongoing operations, as evidenced in partnership documents. In such
cases, points will be awarded based only on the experience of the more
experienced partner. Any dissolution of the partnership or withdrawal of
the more experienced partner will require prior written approval by the
Department.
(C) To be counted towards experience pursuant to subsection (b)(3),
above, completed Projects cited for experience points must contain 1 0 or
more Units, except if the proposed Project contains less than 1 5 Units and
at least 70% of the total Units in the proposed Project are reserved l\)r
Special Needs Populations, completed Projects submitted for experience
points must contain at least 5 Units.
(D) 4 points will be awarded for each Project completed in the .5 years
preceding the application due dale, up to a maximum of 20 points.
(E) Where at least 70% of the Units in the proposed Project are re-
served for Special Needs Populations, the Sponsor may elect to have its
application scored based on the lesser of:
1. The number of subsidized Rental Housing Developments that the
Sponsor's development consultant or contracted developer has com-
pleted in the last five years;
2. The number of subsidized Rental Housing Developments that the
Sponsor, or affiliates or principals of the Sponsor either own or operate
under a long-term lease or other arrangement that involves all responsi-
bilities commensurate with ownership.
To qualify for scoring under this alternative, the Sponsor must contract
with the developer or development consultant for comprehensive devel-
opment services, including financial packaging, selection of other con-
sultants, selection of the constaiction contractor and property manage-
ment agent, oversight of architectural design, consiruclion management,
and other major aspects of the development process.
Page 333
Register 2003, No. 40; 10-3-2003
§ 7320
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Applications scored under this alternative shall be awarded 4 points
per Rental Housing Development, up to a maximum of 20 points.
(F) 5 points will be deducted for each occurrence or event in the fol-
lowing categories, with a maximum deduction of 10 points per category
and a maximum total deduction of 50 points:
1 . removal or withdrawal under threaf of removal as general partner:
2. failure to submit, when due. compliance documentation required
under the Department Program;
3. use of reserve iXmds for Department-assisted Projects in a manner
contrary to Program requirements, or failure to deposit reserve funds as
required by the Department;
4. failure to provide promised supportive services to a Special Needs
Population or other tenants of a publicly funded Project;
5. other significant violations of the requirements of Department pro-
grams or of the programs of other public agencies, such as the failure to
adequately maintain a Project or the books and records thereof.
Events occurring in connection with Projects under the control of the
Sponsor shall be used as the basis for point deductions. Such events shall
have had a detrimental effect on the Project or the Department's ability
to monitor the Project, as determined by the Department. Events shall not
result in the deduction of points if they have been fully resolved as deter-
mined by. or to the satisfaction of. the Department as of the application
due date.
(4) The percentage of Units for families or Special Needs Populations
and "at-risk" Rental Housing Developments — 35 points maximum.
Applications will be scored based on the percentage of Project Units
that will have 2 or more bedrooms, or that are reserved for Special Needs
Populations. Projects must have at least 5 Units reserved for Special
Needs Populations to receive points for Special Needs Populations'
Units. To receive points for Special Needs Populations' Units, a com-
plete and detailed supportive services plan acceptable to the Department,
describing services appropriate to the needs of the targeted population,
a line item budget, and documentation identifying proposed funding
sources must accompany the application, along with detailed documen-
tation acceptable to the Department describing the experience and capac-
ity of the services provider.
(A) .2 points will be awarded for each percent of total Project Units that
have 2 bedrooms.
(B) .7 points will be awarded for each percent of total Project Units that
have 3 or more bedrooms.
(C) 1 point will be awarded for each percent of total Project Units that
are reserved for a Special Needs Population or Populations.
(D) Projects approved by the Department as "at-risk", as defined by
TCAC Regulations, will receive 35 points in this category.
F'oint scores will be rounded to the nearest one hundredth point in this
category.
(5) Leverage of other funds, in those jurisdictions where they are avail-
able — 20 points maximum.
Applications will be scored based on the leverage of other funds,
meaning the amount of non-Program funds for permanent funding of the
development costs attributable to the Restricted Units, as a percentage of
the requested amount of Program funds. Deferred developer fees will not
be counted as leveraged funds. Land donations will be counted as lever-
aged funds where the value is established with a current appraisal. One-
half point will be awarded for each full 5-percentage point increment
above 1 00%. Rural Area Projects will be awarded one-half point for each
full 5-percentage point increment above 50%. For example, a non-Rural
Area Project where other funds are equal to 1 00% of requested Program
funds will receive zero (0) points, a Project where other funds equal
150% will receive 5 points, a Project where other funds equal 250% will
receive 15 points, and a Project where non-Program funds equal 300%
of requested Program funds will receive the maximum 20 points.
(6) Project Readiness — 15 points maximum.
( A ) 2.5 points will be awarded to Projects for each of the following cir-
cumstances as documented in the application. If a particular category is
not applicable, full points shall be awarded in that category.
1 . obtaining enforceable commitments for all construction financing,
not including tax-exempt bonds, 4% tax credits, and funding to be pro-
vided by another Department program. Funds from other Department
programs proposed for construction financing for the Project must be
awarded prior to final rating and ranking for the MHP application:
2. completion of all necessary environmental clearances (California
Environmental Quality Act and National Environmental Policy Act) and
of a Phase I Environmental Site Assessment;
3. obtaining all necessary and discretionary public land use approvals
except building permits and other ministerial approvals;
4. either:
(a) the Sponsor has fee title ownership to the site or a long-term lease-
hold securing the site meeting the criteria for Program site control; or
(b) the Sponsor can demonstrate that the working drawings are at least
50% complete, as certified by the Project architect:
5. obtaining local design review approval to the extent such approval
is required;
6. obtaining commitments for all deferred-payment financing, grants
and subsidies, in accordance with TCAC requirements and with the same
exceptions as allowed by TCAC. Deferred-payment financing, grant
funds and subsidies from other Department programs proposed for Proj-
ect financing must be awarded prior to final rating and ranking for the
MHP application.
(7) Adaptive Reuse/Infill/Proximity to Amenities — 10 points maxi-
mum.
The following criteria shall apply only to applications requesting
funds appropriated pursuant to Section 53533(a)(1) of the Health and
Safety Code.
Applications will receive 10 points for meeting any of the following
three conditions. Apphcations not meeting any one of these three condi-
tions will not receive points pursuant to this criterion.
(A) Adaptive reuse. The Project will be located in a developed area
served with pubUc infrastructure and shall consist of the rehabilitation of
vacant or underused commercial or industrial buildings.
(B) Infill development. The Project will be located in a developed area.
(C) Proximity to amenities. The Project will be proximate to public
transit, public schools, public parks, or public recreational facilities, as
determined by TCAC regulations that would result in TCAC scoring
points given thereto; or the Project will be located within one mile of a
Job Center. A Job Center is a concentration of employment opportunities
reasonably available to the tenants of the Project.
(c) In the event of tied point scores, the Department shall rank tied ap-
plications based on the lowest weighted average affordability of Re-
stricted Units, which shall be computed as follows:
(1) Multiplying each income limit applicable to the Project by the
number of Units restricted at that income level.
(2) Adding the products calculated pursuant to the previous subsec-
tion.
(3) Dividing the sum calculated pursuant to the previous subsection by
the number of Restricted Units in the Project.
NOTE: Authority cited: Sections 50406(n), 50675.1(c) and 50675.11, Health and
Safety Code. Reference: Sections 50675.4, 50675.5. 50675.6 and 50675.7. Health
and Safety Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 11343.4 (Register 2002, No. 2).
2. Amendment filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
Page 334
Register 2003, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
5j 7322
Article 4. Program Operations
§ 7321. Legal Documents.
(a) Upon llic award ofFrogram funds to a Project, ihe Department shall
enter into one or more agreements with the Sponsor, which may be in tiie
form of a conditional commitment letter issued by the Department and
accepted by the Sponsor, which shall commit monies from the Fund in
an amount sufficient to fund the approved loan amount. The agreement
or agreements shall contain the following:
( 1 ) a description of the approved Project and the permitted uses of Pro-
gram funds;
(2) the amount and terms of the loan;
(3) the regulatory restrictions to be applied to the Project through the
Regulatory Agreement;
(4) provisions governing the construction work and, as applicable, the
acquisition of the Project site, and the disbursement of loan proceeds;
(5} special conditions imposed as part of Department approval of the
Project;
(6) requirements for the execution and the recordation of the agree-
ments and documents required under the Program;
(7) terms and conditions required by federal or state law;
(8) requirements regarding the establishment of escrow accounts for
the deposit of documents and the disbursement of loan proceeds;
(9) the approved schedule of the Project, including land acquisition if
any, commencement and completion of construction or Rehabilitation
work, and occupancy by Eligible Households;
( 10) the approved Project development budget and sources and uses
q\' funds and financing;
(11) requirements for reporting to the Department;
(12) terms and conditions for the inspection and monitoring of the
Project in order to verify compliance with the requirements of the Pro-
gram;
(13) provisions regarding tenant relocation;
( 14) provisions relating to the erection and placement on or in the vi-
cinity of the Project site a sign indicating that the Department has pro-
vided financing for the Project. The Department may also arrange for
publicity of the Program loan in its sole discretion; and
( 15) other provisions necessary to ensure comphance with the require-
ments of the Program.
(b) The Department shall enter into a Regulatory Agreement with the
Sponsor for not less than the original term of the loan that shall be re-
corded against the Project property title prior to the disbursement of
funds. The Regulatory Agreement shall include, but not be limited to, the
following:
( 1 ) the number, type and income level of Assisted Units pursuant to
Section 8304 of this title;
(2) standards for tenant selection pursuant to Section 8305 of this title;
(3) provisions regulating the terms of the rental agreement pursuant to
Section 8307 of this title;
(4) provisions related to an annual operating budget approved by the
Department pursuant to Section 7326;
(5) provisions related to a management plan pursuant to Section 7324;
(6) provisions related to a Rent schedule, including initial Rent levels
for Assisted Units and non-Assisted Units pursuant to subsections (a)
and (b) of Section 7312;
(7) conditions and procedures for permitting Rent increases pursuant
to Section 7312;
(8) provisions for limitations on Distributions pursuant to Section
8314 of this title;
(9) provisions relating to annual reports, inspections and independent
audits pursuant to Section 7325;
( 10) provisions regarding the deposit and withdrawal of funds to and
from reserve accounts;
(M) assurances that (he Rental Housing Development will be n)ain-
tained in a safe and sanitary condition in compliance with stale and local
housing codes and the management plan, pursuant to Section 7324;
(12) description of the conditions constituting breach of the Regulato-
ry Agreement and remedies available to the parlies thereto;
(13) provisions governing use and operation of non-Assisted Units
and common areas to the extent necessary to ensure compliance with Pvo-
gram requirements;
(14) provisions relating to enforcemenl of Program requirements by
tenants;
(15) special conditions of loan approval imposed by the Department:
(16) provisions specifying that the Regulatory Agreement shall be
binding on all assigns and successors in interest of the Sponsor and that
all sales, transfers, and encumbrances shall be subjecl to Section 7322:
(17) for Projects serving Special Needs Populations andA)r providing
services to the general tenant population, provisions regarding the imple-
mentation and maintenance of services and facilities for the targeted Spe-
cial Needs Population group and/or general tenant population; and
( 1 8) other provisions necessary to assure compliance with the require-
ments of the Program.
(c) All loans shall be evidenced by a promissory note payable to the
Department in the principal amount olthe loan and staling the terms of
the loan consistent with the requirements of the Program. The note shall
be secured by a deed of trust on the Project property naming the Depart-
ment as beneficiary or by other security acceptable to the Department:
this deed of trust or other security shall be recorded junior only to such
liens, encumbrances and other matters of record approved by the Depart-
ment and shall secure the Department's financial interest in the Project
and the performance of Sponsor's Program obligations.
NOTE: Authority ciied: Sections .S0406(n). 5067.S.l(c) and .'S()67.'i. I 1. Health and
Safety Code. Reference: Sections .S()673. 1 . 30675.6 and 5067.3.8. Health and Safe-
ty Code.
History
1. New article 4 (sections 7321-7326) and section tiled 1-8-2002; operative
1-8-2002 pursuant to Government Code section 1 1343 4 (Reeister 2002. No.
2).
2. Amendment of subsections (b)( i )-(b)(3), (b)(7) and (b)(8) filed 9-29-2003:
operative 9-29-2003 pursuant to Government Code section 1 1 343.4 ( Register
2003, No. 40).
§ 7322. Sales, Transfers, and Encumbrances.
(a) A Sponsor shall not sell, assign, transfer, or convey the Rental
Housing Development, or any interest therein or portion thereof, without
the express prior written approval of the Department. A sale, transfer or
conveyance shall be approved only if all of the following requirements
are met:
(1) the existing Sponsor is in compliance with the Regulatory Agree-
ment, or the sale, transfer or conveyance will result in the cure of any ex-
isting violations;
(2) the successor-in-interest to the Sponsor agrees to assume all ob-
ligations of the existing Sponsor pursuant to the Regulatory Agreement
and the Program;
(3) the successor-in-interest is an eligible Sponsor and demonstrates
to the Department's satisfaction that it can successfully own and operate
the Rental Housing Development and comply with all Program require-
ments; and
(4) no terms of the sale, transfer, or conveyance jeopardize either the
Department's security or the successor's ability to comply with all Pro-
gram requirements.
(b) If the Sponsor or its successor-in-interest is a partnership, the
Sponsor shall not discharge or replace any general partner <.)r amend,
modify or add to its partnership agreement, or cause or permit the general
partner to amend, modify or add to the organizational documents of the
general partner, without the prior written approval of the Department.
The Sponsor may transfer limited partnership interests without the pv\oT
written approval of the Department.
(c) The Department shall grant its approval of a sale, assignment,
transfer, or conveyance subject to such terms and conditions as may be
Page 335
Register 2003, No. 40; 10-3-2003
§ 7323
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
necessary to preserve or establish the Fiscal Integrity of the Projecl. Such
conditions may include:
( 1 ) the deposit of sales proceeds, or a portion thereof, to maintain re-
quired reserves, or lo otTsel negative cash How;
(2) the recapture of syndication proceeds or other funds in accordance
with special conditions included in any agreement executed by the Spon-
sor; or
(3) such conditions as may be necessary to ensure compliance with the
Program requirements.
(d) The Sponsor shall not encumber, pledge, or hypothecate the Rental
Housing Development, or any interest therein or portion thereof, or allow
an> lien, charge, or assessment against the Rental Housing Development
without the prior written approval of the Department. The Department
may permit refinancing of existing liens or additional financing secured
by ihe Rental Housing Development to the extent necessary to maintain
or improve the Fiscal Integrity of the Project, to maintain Affordable
Rents, or to decrease Rents.
NOTE: Authority cited: Sections 3n406(n). 50673. i(c) and 5067.5.1 1. Health and
Safety Code. Reference: Sections 50675. 1 and 50675.8, Health and Safely Code.
History
]. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 11343.4 (Register 2002, No. 2).
§ 7323. Defaults and Loan Cancellations.
(a) in the event of a breach or violation by the Sponsor of any o[' the
provisions of the Regulatory Agreement, the promissory note, or the
deed of trust, or any other agreement pertaining to the Project, the Depart-
ment may give written notice to the Sponsor to cure the breach or viola-
tion within a period of not less than 1 5 days. If the breach or violation is
not cured to the satisfaction of the Department within the specified time
period, the Department, at its option, may declare a default under the rele-
vant document(s) and may seek legal remedies for the default including
the following:
(1) The Department may accelerate all amounts, including outstand-
ing principal and interest, due under the loan and demand immediate re-
payment thereof. Upon a failure to repay such accelerated amounts in
full, the Department may proceed with a foreclosure in accordance with
the provisions of the deed of trust and state law regarding foreclosures.
(2) The Department may seek, in a court of competent jurisdiction, an
order for specific performance of the defaulted obligation or the appoint-
ment of a receiver to operate the Rental Housing Development in accor-
dance with Program requirements.
(3) The Department may seek such other remedies as may be available
under the relevant agreement or any law.
(b) If the breach or violation involves charging tenants Rent or other
charges in excess of those permitted under the Regulatory Agreement,
the Department may demand the return of such excess Rents or other
charges to the respective households. In any action to enforce the provi-
sions of the Regulatory Agreement, the Department may seek, as an addi-
tional remedy, the repayment of such overcharges.
(c) The Department may cancel Loan commitments under any of the
following conditions:
( 1 ) the objectives and requirements of the Program cannot be met:
(2) implementation of the Project cannot proceed in a timely fashion
in accordance with the approved plans and schedules;
(3) special conditions have not been fulfilled within required time peri-
ods; or
(4) there has been a material change, not approved by the Department,
in the principals or management of the Sponsor or Project. The Depart-
ment, in writing and upon demonstration by the Sponsor of good cause,
may extend the date for compliance with any of the conditions in this sub-
.section.
(d) Upon receipt of a notice from the Department of intent to cancel
the loan, the Sponsor shall have the right to appeal to the Director.
(e) The Department may use amounts in the Fund to cure or avoid a
Sponsor's default on the terms of any loan or other obligation that jeopar-
dizes the Fiscal Integrity of a Project or the Department's security in the
Projecl. Such defaults may include defaults or impending defaults in pay-
ments on mortgages, failures to pay taxes, or failures to maintain insur-
ance or required reserves. The payment or advance of funds by the De-
partment pursuant to this subsection shall be solely within the discretion
of the Department and no Sponsor shall be entitled to or have any right
to payment of these funds. All funds advanced pursuant to this subsection
shall be part of the ProgratT\ loan and, upon demand, due and payable to
the I3epartment. Where it becomes necessary to use the Fund to assist a
Project to avoid threatened defaults or foreclosures, the Department shall
lake those actions necessary, including, but not limited to, foreclosure or
forced sale of the Project property, to prevent further, similar occurrences
and ensure compliance with the terms of the applicable agreements.
NOTE: Authority cited: Sections 50406(n). 50675. 1(e) and 50675.1 1, Health and
Salety Code. Reference: Sections 50675.1. 50675.8 and 50675.10, Health and
Satety Code.
History
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002. No. 2).
§ 7324. Management and Maintenance.
(a) The Sponsor shall be responsible for all management functions of
the Rental Housing Development including selection of the tenants,
annual recertification of household income and size, evictions, and
collection of Rent.
(b) The Sponsor is responsible for all repair and maintenance functions
of the Rental Housing Development, including ordinary maintenance
and replacement of capital items. The Sponsor shall ensure maintenance
of residential Units, Commercial Space and common areas in accordance
with local health, building, and housing codes, and the management plan.
(c) The Sponsor shall ensure that the Rental Housing Development is
managed by an entity approved by the Department that is actively in the
business of managing low-income housing. Any management contract
entered into for this purpose shall be subject to Department approval and
contain a provision allowing the Sponsor to terminate the contract upon
30-days' notice. Tlie Sponsor shall terminate said contract as directed by
the Department upon determination that inanagement does not comply
with Program requirements.
(d) The Sponsor shall develop a management plan subject to Depart-
ment approval prior to loan closing. Any change to the plan shall be sub-
ject to the approval of the Department. The plan shall be consistent with
Program requirements and shall include the following:
(1 ) the role and responsibility of the Sponsor and its delegation of au-
thority, if any, to the managing agent;
(2) personnel policy and staffing arrangements;
(3) plans and procedures for publicizing and achieving early and con-
tinued occupancy;
(4) procedures for determining tenant eligibility and selecting tenants
and for certifying and annually recertifying household income and size;
(5) plans for carrying out an effective maintenance and repair pro-
gram;
(6) Rent collection policies and procedures;
(7) a program for maintaining adequate accounting records and han-
dling necessary forms and vouchers;
(8) plans for enhancing tenant-management relations;
(9) the management agreement, if any;
(10) provisions for periodic update of the management plan;
(11) appeal and grievance procedures;
(12) plans for collections for tenant-caused damages, processing evic-
tions and terminations; and
(13) for Projects serving Special Needs Populations and/or providing
special services to the general tenant population, a supportive services
plan, that includes:
(A) a description of the services to be provided;
(B) a preliminary services budget;
(C) funding source(s);
(D) identification of the organization(s) that will provide services;
(E) a preliminary staffing plan;
(F) location of services lo be provided off site; and
Page 336
Register 2003, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
^ 7330
(G) any special eligibility reqiiiremeius lor ihe services.
NOTI ■ Authority cited: Sections 504()6(n). 50675. 1(c) and 50675.1 1. Health and
Salely Code. Rel'erence: Sections 50675. i and 50675.8. Health and Safety Code.
HlSTOlO'
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section I 1343.4 (Register 2002. No. 2).
2. Amendment of subsections (d) and (d)(4) filed 9-29-2003: operative
9-29-2003 pursuant to Government Code section 1 1343.4 (Register 2003. No.
40).
§ 7325. Reporting.
No laicrlhan 90 days after ihcencdoJ each Project fiscal year, the Spon-
sor shall submit an indepen(Jenl audit of the Rental Housing Develop-
nieni prepared by a certiiied public accountant in accordance with De-
partmenl audit requirements, as specified in the Depanmenl's Rental
Housing Construction Program Information Memorandum dated August
14. 1995, as periodically updated and incorporated by reference. Upon
a determination that the cost of meeting this requirement exceeds the po-
tential benefits from it to the Department and to the tenants of the Rental
Housing Development, the Department may:
(a) reduce the required frequency of the audit;
(b) accept an audited financial statement in lieu of the audit; or
(c) waive this requirement completely.
No It:: Authority cited: Sections 50406(n). 50675. 1(e) and 50675.1 1. Health and
Safely Code. Reference: Sections 50675.1 and 50675.8. Health and Safety Code.
History
I. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002. No. 2).
§ 7326. Operating Budget.
(a) Prior to loan closing, the Sponsor shall submit an initial operating
budget to the Department. Such budget shall show all anticipated in-
come; expenses for management, operations and maintenance; debt ser-
vice; and reserve deposits for the Initial Operating Year.
(b) For as long as deemed necessary by the Department to ensure com-
pliance with Program requirements, the Sponsor shall submit to the De-
partment for its approval. 60 days prior to the end of each Project tlscal
year, a proposed operating budget. The proposed operating budget shall
set forth the Sponsor's estimate of the Project's Operatitig Income, Oper-
ating Expenses, debt service for the upcoming year, and any proposed
Rent increases pursuant to Section 73 12. In lieu of the requirement for
submission of complete proposed operating budgets, the Department
may require submission of limited budget information, such as a pro-
posed Ren! schedule, proposed management fees, and reserve deposit
amounts. The Department may re-impose the requirement for submis-
sion of complete operating budgets where necessary to ensure com-
pliance with Program requirements.
(c) The initial and subsequent proposed operating budgets, where re-
quired, shall be subject to the approval of the Department based on its de-
termination that the budget line items are reasonable and necessary in
light of costs for comparable Rental Housing Developments and prior
year budgets. Actual expenditures in excess of the approved budget
amount shall be subject to Department approval.
(d) The initial operating budget and subsequent proposed operating
budgets shall include periodic deposits to the operating reserve, replace-
ment reserve, and any other reserve account required by the Department
in accordance with the requirements of Sections 8308 and 8309 of this
title.
(e) For Projects with non-Assisted Units or Commercial Space, all
budgets submitted pursuant to this section shall show income and uses
of income allocated among Assisted Units, Restricted Units, non-Re-
stricted Units, and Commercial Space. The allocation method used for
each budget line item shall be subject to Department approval, and shall
apportion income and expenses in a manner that accurately rellects the
particular physical, operational and economic characteristics of the Proj-
ect.
NOTti; Authority cited: Sections 50406(n), 50675. i(e) and 50675.1 1, Health and
Safetv Code. Reference: Sections 50675.1 and 50675.8, Health and Safety Code.
History
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code .seclion 1 1.^43.4 (Register 2002. No. 2).
2. Amendment of subsection (d) filed 9-29-2003; operative 9-29-200.'' pursuant
to Government Code section 1 1343.4 (Register 2003. No. 40).
Article 5. Rent Write-Down Loans
§ 7327. General.
(a) This Article .5 governs Program loans designated as Rent Wriie-
Down (RWD) loans for the purpose of lowering income limits and corre-
sponding Rent levels for Low Income Housing Tax Credit Program Proj-
ects that are otherwise feasible without the use ol' Program funds.
(b) This article will govern the award, terms, conditions and uses of
RWD loans only. Except where specifically noted the provisions ol Ar-
ticles 1, 2, 3 and 4 do not govern RWD loans
NOTE: Authority cited: Sections 50406(n). 50675.1. and 50675.1 1. Health and
Safety Code. Reference: Sections 50675.2(c). 5()675.4(e)( 1 ). and 50675.5(h)(8).
Health and Safety Code.
History
1. New article 5 (sections 7327-7336) and section tiled 1-8-2002: operative
1-8-2002 pursuant to Government Code section 1 1343.4 (Reeisier 2002. No,
2).
§ 7328. [Reserved].
NOTE: Authority cited: Sections .504()6(n). 50675. 1(c) and 50675. 1 1 , Health and
Safety Code. Reference: Sections 50675. 50675.1(c) and 50675.2. Health aiul
Safety Code.
History
1. New section tiled 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 2).
2. Repealer and reservation of section filed 9-29-2003: operative 9-29-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003. No. 40).
§ 7329. Eligibility for RWD Loans.
(a) In order to receive an RWD loan, the Project must:
(1) have received an award of 9% or 49( tax credits from TCAC;
(2) include the new construction or Rehabilitation of a Rental Housing
Development, or conversion of a nonresidential structure to a Rental
Housing Development;
(3) have sufficient llnancing and funding commitments to demon-
strate that the Project is feasible at marketable rents without the use o\'
Program funds;
(4) not receive other funds from the Program; and
(5) not have completed construction at the time of the award of Pro-
gram funds, as evidenced by the lack of a recorded notice of completion
or comparable indicator of construction status.
(b) The Sponsor may be any entity qualified to receive a tax credit al-
location from TCAC.
NOTE: Authoritv cited: Sections 50406(n). 50675. i(c) and 50675. 1 1. Health and
Safety Code. Reference: 50675.2(d), 50675.4 and 50675.7. Health and Safety
Code.
HiSIORY
1. New .section tiled 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 2).
§ 7330. Amounts and Terms for RWD Loans.
(a) RWD loan amounts shall be limited to the sum of a base amount
per Assisted Unit plus the amount required to:
(1 ) reduce Rents from the rent structure for Assisted Units that would
apply without RWD assistance to the proposed restricted Rents for As-
sisted Units, by either substituting Program funds for amortized debt or
capitalizing a rent subsidy reserve; and
(2) preserve Project cash How at the level that would be generated
without participation in the RWD program.
The initial base amount shall be $3,000. The Department may periodi-
cally adjust the base amount to equal the lowest amount necessary [o en-
sure sufficient demand for Program funds, taking into account factors
such as the previous demand for RWD funds and the total amount of Pro-
gram funds available for award under the RWD component.
(b) RWD funds may be used to capitalize a reserve only if it is not fea-
sible to reduce Rents and maintain Project cash flow by substituting
Page 337
Register 2003, No. 40; 10-3-2(K)3
5j 7331
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
RWD funds for amortized debt. The amount of the capitaHzed reserve
shall not exceed the amount needed to reduce Rents and preser\e cash
How at the level that would apply without RWD assistance lor a period
or20 years. Thereafter the Assisted Units shall continue to be occupied
by eligible households at affordable Rents for the remaining term of the
Regulatory Agreement. The Department shall disburse the funds in a
manner to ensure the fiscal integrity of the Project for the 20-year period.
(c) Program funds shall be used for post-construction, permanent fi-
nancing only, except under an agreement with California Housing Fi-
nance Agency to provide construction period financing to eligible proj-
ects receiving financing from bolh California Housing Finance Agency
and the Program.
(d) The interest rate and loan repayment terms shall be as set forth in
Section 7308.
(e) The initial term of the loan shall be 55 years, commencing on the
date of recordation of the Program loan documents.
(f) Upon request by the Sponsor, the Department may approve a
10-year extension of the loan term if the Department determines bolh of
the following are met:
( 1 ) The Sponsor is in compliance with the Regulatory Agreement and
other Program loan documents and agrees to continue to comply during
the extended term.
(2) The extension is necessary to continue operations consistent with
Program requirements.
The Department may condition the extension on such terms as it
deems necessary to ensure compliance with the requirements of the Pro-
gram.
(g) The Program loan shall be secured by the Project real property and
improvements, subject only to liens, encumbrances and other mailers of
record approved by the Department.
Note. Authority cited: 50406(n), 50675.1(c) and 50675.11, Health and Sat'etv
Code. Reference: Sections 50675.6 and 50675.8, Health and Safety Code.
History
1. New section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 L'^43.4 (Register 2002, No. 2).
2. Amendment of subsections (b)-(c) and (f)(1) filed 9-29-2003; operative
9-29-2003 pursuant to Government Code section 1 1 343.4 (Register 2003, No.
40).
§ 7331 . Occupancy and Rent Requirements
(a) Upon initial occupancy. Assisted Units shall be restricted to one or
more of the following income levels: 20%, 30%, 35%-, or 40% of Slate
Median Income, expressed as a percentage of Area Median Income.
Rents for Assisted Units shall not exceed 30% of the applicable income
limit.
(b) No more than 30% of the total Units in a Project assisted with a
RV/D loan may be funded as Assisted Units.
(c) The Sponsor shall provide relocation benefits and assistance for
tenants directly displaced as a result of RWD funds.
( d) Assisted Units shall not differ substantially in size or amenity level
from non-Assisted Units with the same number of bedrooms, and Units
shall not differ in size or amenity level on the basis of income-level re-
strictions. Assisted Units shall not be segregated from non-Assisted
Units, and Units shall not be segregated from each other on the basis of
income-level restriction. Within these limits. Sponsors may change the
designation of a particular Unit from Assisted to non-Assisted or from
one income-restriction to another over time. For Projects involving Re-
habilitation or conversion, the Department may permit certain Units to
be designated as exclusively market-rate Units where necessary for Fis-
cal Integrity and where all other Program requirements are satisfied.
(e) The number, size, type, and amenity level of Assisted Units shall
not be fewer than the number nor different from the size, type and ameni-
ty level described in the Regulatory Agreement for the full loan term.
(f) Sponsors shall select only Eligible Households as tenants of As-
sisted Units, and shall annually recertify household income and size to
determine continued eligibility. If, at the time of tenant recertification, a
household's income exceeds the income limit designated for the house-
hold's Unit by more than 10% of State Median Income, the Sponsor shall
increase the household's Rent to the level applicable to other households
with similar incomes, and shall designate the next available Unit as an
Assisted Unit restricted for occupancy by households at the income level
formerly applicable to the first Unit until the mix required by the Regula-
tory Agreement is achieved.
NOTF.: Authority cited: Sections ,^0406(n), 50675.1(c) and 50675. 11. Health and
Salety Code. Reference: 50675.2(b) and (c) and 50675.8. Health and Safety Code.
Hl.STORY
1. New section tiled 1-8-2002: operative 1-8-2002 pursuant to Government
Code .section II 343.4 (Register 2002. No. 2).
2. Amendment of sub,section (a) filed 9-29-2003: operative 9-29-2003 pursuant
to Government Code section 1 1343.4 (Register 2003. No. 40).
§ 7332. Application Process.
(a) The DepartiTient may issue a NOFA limited to RWD loans and as
authorized by Section 7317(c)(4). The NOFA shall specify the amount
of RWD funds available, the period during which loan applications may
be accepted and the specific requirements of the RWD loan application.
The NOFA may establish a minimuin point total for rating Projects pur-
suant to the criteria set forth in Section 7320(b) or similar TCAC criteria,
and may provide that Projects meeting or exceeding that minimum score
may be eligible for funding so long as funds are available.
(b) Projects shall not he eligible for an award of funds unless the ap-
plication demonstrates that all of the following conditions exist:
(1 ) The application meets the eligibility requirements pursuant to
Section 7329; and
(2) The application is complete. Applications shall be deemed com-
plete when the Department is able to assess that the Project is eligible pur-
suant to Section 7329 and to rate the Project pursuant to Section 7332(a).
(c) The application shall be made on a form made available by the De-
partment requesting the information required by the Multifamily Hous-
ing Program Regulations and shall include the proposed number of As-
sisted Units and the income and Rent levels to be achieved in the Assisted
Units as a result of the RWD loan. The application shall also specify the
proposed use of the proceeds of the RWD loan, which may include a ca-
pitalized rent reserve fund or a reduction in the approved permanent
amortized financing for the Project.
NOTE: Authority cited: Sections 50406(n), 50675.1(c) and 50675.1 1, Health and
Safety Code. Reference: Sections 50675. 1(c), 50675.6 and 50675. 1 (d). Health and
Safety Code.
History
1. New .section filed 1-8-2002; operative 1-8-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 2).
§ 7333. Legal Documents.
(a) The provisions of Section 7321(a) shall apply to loans made under
this article.
(b) The Department shall enter into a Regulatory Agreement with the
Sponsor for not less than the original term of the loan that shall be re-
corded against the Project properly title prior to the disbursement of
funds. The Regulatory Agreement shall include, but not be limited to, the
following:
( 1) the number, type and income level of Assisted Units pursuant to
Section 7331;
(2) provisions related to a management plan pursuant to Section 7324;
(3) provisions related to a Rent schedule, including initial Rent levels
for Assisted Units and non-Assisted Units pursuant to subsections (a)
and (b) of Section 7331;
(4) conditions and procedures for permitting Rent increases;
(5) provisions relating to annual reports, inspections and independent
audits pursuant to Section 7325;
(6) provisions regarding the deposit and withdrawal of funds to and
from reserve accounts;
(7) assurances that the Rental Housing Development will be main-
tained in a safe and sanitary condition in compliance with slate and local
housing codes and the management plan, pursuant to Section 7324;
(8 ) description of the conditions constituting breach of the Regulatory
Agreement and remedies available to the parties thereto;
Page 338
Register 2(X)3, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
S 7341
(9) provisions governing use and operation of non-Assisted Units and
common areas lo (he extent necessary to ensure compliance with Pro-
gram requirements;
1 10) provisions relating lo enforcenient of Program requirements by
tenants:
(11) special conditions of loan approval imposed by the Department;
(12) provisions specifying that the l^egulalory Agreement shall be
binding on all assigns and successors in interest of the Sponsor and that
all sales, transfers, and encumbrances shall be subject to Section 7322;
1 1.^) for Projects serving Special Needs Populations and/or providing
services to the general tenant population, provisions regarding the imple-
mentation and maintenance of services and facilities forthe targeted Spe-
cial Needs Population group and/or general tenant population; and
(14) other provisions necessary to assure compliance with the require-
ments of the Program.
(c) All loans shall be evidenced by a promissory note payable to the
Department in the principal amount of the loan and stating the terms of
the loan consistent with the requirements of the Program. The note shall
be secured by a deed of trust on the Project properly naming the Depart-
ment as beneficiary or by other security acceptable to the Department;
this deed of trust or other security shall be recorded junior only to such
liens, encumbrances and other matters of record approved by the Depart-
ment and shall secure the Department's financial interest in the Project
and the performance of Sponsor's Program obligations.
NOTH. Authority ciled: Sections .'S()4()6(n). .S067.S.](c) and .^0675.1 1. Health and
Salcty Code. Reference: Sections .S0675.l(e). .'i067.'i.6 and .50675.8. Health and
Safely Code.
HlST(3RY
I. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 134,^.4 (Register 2002. No. 2).
§ 7334. Sales, Transfers, Encumbrances, Defaults, and
Cancellations.
(a) the provisions of Sections 7322 and 7323 shall apply to this article.
NOTi:: Authority cited: Sections 50406(n). 50675.1(c) and 50675.1 1 . Health and
Safety Code. Reference: Sections 50675.1(c), 50675.8 and 30675.10. Health and
Safety Code.
History
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section I 134.3.4 (Register 2002. No. 2).
§ 7335. Management and Maintenance.
(a) the provisions of Section 7324 shall apply to this article.
NOTE: Authoritv cited: Sections 50406(n), 50675.1(c) and 50675.1 1, Health and
Safety Code. Reference: Sections 50675.1(c) and 50675.8. Health and Safety
Code.
History
I. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 1 343.4 (Register 2002. No. 2).
§ 7336. Reporting.
(a) the provisions of Section 7325 shall apply to this article.
NotH: Authority cited: Sections 50406(n), 50675.1(c) and 50675.11 Health and
Safely Code. Reference: Sections 50675.1(c) and 50675.8, Health and Safety
Code.
History
1. New section filed 1-8-2002: operative 1-8-2002 pursuant to Government
Code section 1 1.M3.4 (Register 2002. No. 2).
Article 6. Supportive Housing Loans
§ 7340. General.
(a) This Article 6 governs Projects funded pursuant to Health and Safe-
ty Code Sections 50675. 14 and 53533(a)(3) for the purpose of providing
loans to supportive housing Projects.
(b) The provisions of Articles 1, 2, 3 and 4 of this subchapter 4 ap)ply
to assistance made available pursuant to this Article 6 except as modified
herein.
NOTE: Aulhorilv cited: Sections .5()406(n). .50675.1(c), .50675.11, 50675.14(c)
and 53533(a)(3), Health and Safety Code. Reference: Sections 50675, 50675.14
and 53.533(a)(3), Health and Safetv Code.
History
I. New article 6 (sections 7340-7347) and section tiled 4-14-2005: operative
.5-14-2005 (Register 2005. No. 15).
§7341. Definitions.
For the purposes of this Article, in addition to the definitions in Section
7301 and Section 8301. the following definitions shall apply:
(a) "Supportive Housing Unit" means a Unit of permanent ht)using
linked to supportive services restricted to occupancy by an Eligible
Household and which meets all of the following requirements:
(1 ) Occupancy is restricted to Eligible Hou.seholds that are Homeless
or At Risk o\' Homelessness and that include a Disabled Adult.
(2) It is operated as independent housing, in which each lenanl:
(A) Holds a lease or rental agreement in his or her own name and is
responsible for paying Rent;
(B ) Has his or her own room oi- apartment and is individually responsi-
ble for arranging any shared tenancy, to the extent that shared tenancy is
allowed under his or her lease; and
(C) May stay as long as he or she pays his or her share of Rent and ct)m-
plies with the terms of his or her lease.
(3) The Unit is subject to applicable state and federal landlord-tenant
laws.
(4) The tenant's participation in services or any particular service shall
not be required as a condition of tenancy.
(5) At initial occupancy, the tenant household income, lo the extent
that it can be documented, shall not exceed 30 percent of the greater o(
Stale Median Income or Area Median Income.
(b) "Homeless" ineans:
( 1 ) Moving from an emergency shelter; or
(2) Moving from Transitional Housing; or
(3) Currently Homeless which means:
(A) An individual who lacks a fixed, regular, and adequate nighttime
residence; or
(B) An individual who has a primary nighuime residence that is:
(i) A supervised publicly or privately operated shelter designed to pro-
vide temporary living accommodations (including welfare hotels, con-
gregate shelters, and Transitional Housing for the mentally ill); or
(ii) An institution that provides a temporary residence for individuals
intended to be institutionalized; or
(iii) A public or private place not designed for. or ordinarily used as.
a regular sleeping accommodation for human beings.
(c) "At Risk of Homelessness" means;
( 1 ) Households with incomes at or below the greater of 20 percent of
State Median Income (SMI) or Area Median Income (AMI) with no rent-
al subsidy available to the household; or
(2) Households with incomes above 20 percent but not exceeding 30
percent of the greater of SMI or AMI who;
(A) Face immediate eviction and have been unable to identify a subse-
quent residence; or
(B) Face imininent relea.se from an institution (i.e.; jail, hospital or fos-
ter care system) where other housing placement resources are not avail-
able; or
(C) Reside in an overcrowded seUing (more than two persons per liv-
ing/sleeping area) in which the household does not hold a lease; or
(D) Reside in substandard housing subject to a current official vaca-
tion notice; or
(E) Pay more than 50 percent of income in housing costs.
(d) "High Risk of Homelessness" means the same as "Homeless" or
"At Risk of Homelessness."
(e) "Disabled Adult" for the purposes of this Article 6 only shall mean
a person 18 years of age or older, or an emancipated minor, with one of
the following disabilities:
(1) Menial illness;
(2) HIV or AIDS;
(3) Substance abuse;
(4) Developmental disability; or
(5) Long-term chronic health condition that qualifies them for;
Page 338.1
Register 2005, No. 15; 4-15-2005
§ 7342
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(A) Eligibility under either of two Medicaid Waiver programs, the
Multipurpose Senior Services Program (MSSP) or the Assisted Living
Waiver Pilot Project (or its successor);
(B) Eligibility lor 20 or more personal care hours per week under the
In-Home Supportive Services Program (IHSS); or
(C) Eligibility for services under the Program ol All inclusive Care for
ihc Elderfy (PACE).
Eligibility for these programs must be established by the agency re-
sponsible for determining eligibility for the benefits it provides.
NoTI-: Authority cited: Sections 5()4()6(n). 50675. 1(c). 5()675.ll, 50675. ]4(c)
and 5.^53.^(a)(.^). Health and Safety Code. Reference: Sections 50675.14(b) and
(c). 5326()(d) and 535.33(a)(.3), Health and Salety Code.
History
I . New section tiled 4-14-2005: operative 5-14-2005 (Register 2005. No. 15).
§ 7342. Eligible Project.
In order to be eligible to apply for funding pursuant to this Article 6,
in addition to the requirements of Section 7302, a proposed Project shall:
(a) Contain Supportive Housing Units at least equal to the greater of
5 Units or 35 percent of the total number of Units in the Project;
(b) Restrict Supportive Housing Units for permanent housing for Eli-
gible Households that are Homeless or At-Risk of Homelessness and
that include a Disabled Adult;
(c) In the event that the Department utilizes an over-the-counter selec-
tion process, meet or exceed the minimum points required by subsection
(a) of Section 7346;
(d) Be linked to onsite or offsite services that assist the tenant in retain-
ing the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community;
(e) Utilize a primary service provider (the entity responsible for over-
all implernentation of the service plan, including coordination between
service providers, where there are more than one) with at least 24 months'
experience in the provision of the proposed services lo the targeted popu-
lation, and a successful history of securing funds for similar activities;
(0 Utilize a property management agent with at least 24 months" expe-
rience in managing a special needs or supportive housing Project that
would qualify as a Rental Housing Development pursuant to Section
8301 (o). except that if the proposed Project has fewer than 10 Units, the
Department may approve a property management agent with experience
managing projects that do not qualify as Rental Housing Developments,
provided thai the agent has at least 24 months" experience managing
housing for the specific population targeted by the proposed Project; and
(g) Not be operated as either a health facihty, as defined by Section
12')0 of the Health and Safety Code, or an alcoholism or drug abuse re-
covery or treatment facility, as defined by Section 1 1 834.02 of the Health
and Safety Code.
NOTC: Authority cited: Sections 50406(n). 50675.1(c). 50675.1 1. 50675.14(c)
and 53533(a)(3). Health and Safety Code. Reference: Sections 50675.2(d),
50675.4, 50675.7, 50675.14(b) and 53533(a)(3), Health and Safety Code.
History
1. New section filed 4-14-2005; operative 5-14-2005 (Register 2005, No. 15).
§ 7343. Eligible Sponsor.
In order to be eligible to apply for funding pursuant to this Article 6.
in addition to the requirements of Section 7303, a Sponsor shall:
(a) Have at least 24 months experience in the ownership or operation
of at least one Rental Housing Development with 5 or more Units that in-
cludes Units reserved for the disabled or other special needs group; and
(b) If the Department uses an over-the-counter application process,
have sufficient experience to score at least 4 points under the develop-
ment and ownership scoring criteria (pursuant to Section 7320(b)(3)),
except that the score shall be based on experience acquired in the prior
10 years.
NOTE: Authority cited: Sections 50406(n). 50675.1(c). 50675.11, 50675.14(c),
and 53533(a)(3). Health and Safety Code. Reference: Sections 50675.7(c)(3).
50675.14(e) and 53533(a)(3). Health and Safety Code.
History
1 . Mew section filed 4-14-2005; operative 5-14-2005 (Register 2005, No. 1 5).
§ 7344. Application Requirements.
In addition to the application requirements of Article 3. applications
for funding under this Article shall include all the following information:
(a) Information sufficient to ascertain that the requirements of sections
7342 and 7343 have been met. and including at least one reference able
to verify the role of the Sponsor in Projects submitted for experience;
(b) A supportive services plan that meets the requirements of Section
734.5.
NoTt-: Authoritv cited: Sections .50406(n), 50675.1(c). 50675.11. .50675.14(0
and 53533(a)(3)." Health and Safety Code. Reference: Sections 50675.6, 50675.7.
.50675. 14 and 53533(a)(3). Health and Safety Code.
History
I. New section filed 4-14-2005; operative 5-14-2005 (Register 2005. No. 15).
§ 7345. Supportive Services Plan.
A supportive services plan shall be subject to the Department's ap-
proval and shall contain the following information and address the fol-
lowing topics:
(a) A description of the target population to be served including a nar-
rative describing the tenant selection criteria, tenant eligibility verifica-
tion process, tenant selection process, and expected sources of refeirals.
The tenant selection criteria and process shall be in accordance with ap-
plicable state and federal fair housing laws. The nairative shall also de-
scribe any reasonable accommodation policies as they relate to targeting
and tenant selection of persons with disabilities.
(b) A description of the service needs of each target population that
will be served.
(c) A description of the services that will be provided, where the ser-
vices will be provided, who the provider will be. the provider" s experi-
ence, and the provider's relationship to applicant.
(d) Documentation confirming the number of supportive service staff
available to the Project and a nairative explaining staffing ratio and expe-
rience. Staffing levels must be documented as sufficient lo make services
available to meet the needs of the target population.
(e) A services line-item budget itemizing all expenses and listing the
sources, amounts, and status (i.e., proposed or committed) of supportive
service funds. The budget inust demonstrate that the level of proposed
funding is adequate to the types and levels of services to be provided and
that all necessary costs are included.
(f) A narrative description of tenant engagement plan (i.e., plan to elic-
it voluntary tenant participation in services).
(g) Commitments or letters of intent to provide operational funding for
a minimum of 25 percent of the total service budget. This requireinent
may be waived where the service provider documents a history of secur-
ing supportive service funding sufficient for the Department to make a
determination that the proposed Project service funding needs will be at-
tainable. (All Sponsors must document commitment of 100 percent of the
approved services budget prior to the disbursement of MHP funds.)
(h) An assessment from a public or nonprofit funding or regulatory
agency with oversight or monitoring responsibilities for the proposed
supportive services for the proposed target population that verifies that;
( 1 ) The proposed services and staffing levels are adequate and ap-
propriate to meet the needs of the target population(s); and
(2) The applicant or proposed service provider is a viable provider of
the proposed support services.
(i) If the Sponsor is applying for a competitive advantage in the Lever-
age scoring category based on collaborative relationships and a focus on
measurable outcomes and a plan for evaluation pursuant to Section
7346(c). the following information;
(1 ) Evidence of its collaboration with an organization other than the
Sponsor or affiliaies of the Sponsor to provide a portion of the services
to Project tenants, or evidence of collaboration among specialized intra-
organizational programs, groups, or departments. The evidence of col-
laboration must; be in writing (e.g., contract, memorandum of under-
standing, letter of intent, letter of interest, or letter of understanding);
cleariy identify the entity it is from (e.g., on letter head paper); include
the Project address; specify the services to be included in the collabora-
Page 338.2
Register 2005, No. 15; 4-15-2005
Title 25
Department of Housing and Community Development Programs
^ 7402
live cITorl; specil'y whelher llic services will be tlinded or provided, or
both; include the eslimaled value of funds or in-kind services: include Ihe
term of the funding or service; and include a brief description and history
of ihe entity providing the funding or services.
(2) A plan listing the projected outcomes and outcome measures that
will be tracked and detailing how data will be collected, analyzed and
evaluated.
Norti: Aiithoriiy cited: Sections 5()406(ii). 50675.1(0, 50675.11, 50675.14(0.
aiui 5.^5."i.^(a)(.^). Health and Safety Code. Reference: Sections 50675.14(b) and
5.^>5.^v^i(a)(.^). flealth and Salety Code.
Histoid Y
1. New section tiled 4-14-2005: operative .5-14-2005 (Register 2005. No. 15).
§ 7346. Application Point Scoring.
Pursuant to Section 7.'^17fc). the Department has the discretion to
make funds under this Article 6 available on a coiTipetitive or over-lhe-
ct)unier basis.
(a) In the event that the Department utilizes an over-the-counter pro-
cess, the following provisions shall apply, and in order to be considered
for funding, an application shall:
( 1 ) Score a minimum of 125 points utilizing the criteria set forth in
Section 7320, except that Development and Ownership Experience (Sec-
lion 7.^2()(b)(3)) shall be scored based on experience acquired in the prior
10 years:
(2) Score a minimum of 4 points in the Development and Ownership
Experience criterion (Section 7320(b)(3)) based on the Sponsor's experi-
ence acquired in the prior 10 years: and
(3) Score a minimum of 5 points in the Project Readiness criterion
(Section 7320(b)(6)).
(b) Projects requesting both MHP Supportive Housing and MHP Gen-
eral funding shall be scored under the requirements specified in Section
7320(b)(7), Adaptive Reuse/Infill/Proximity to Amenities. Projects re-
questing only Supportive Housing funding, and not MHP General fund-
ing, shall receive the full 1 0 points available under this scoring criterion.
(c) Applications that demonstrate collaboration with programs that
meet the need.s of disabled tenants at High Risk of Homelessness and in-
clude a focus on measurable outcomes and a plan for evaluation will re-
ceive a competitive advantage in the Leverage Scoring Category (Sec-
tion 7320(b)(5)) as follows:
( 1 ) Applications will be deemed to meet the "collaboration" criterion
if the application documents a commitment from an organization other
than the applicant or affiliates of the applicant to provide a portion of the
services to Project tenants. Cooperation among specialized intra-orga-
nizational programs, groups, or departments may also qualify as collabo-
ration.
(2) Applications will be deemed to meet the focus on measurable out-
comes criterion if the applicant establishes reasonable projected outcom-
es and outcome measures for residential stability, increased skills or in-
come, and greater self-determination. Applications will be deemed to
meet the requirement for a plan for evaluation if the applicant can rea.son-
ably describe the proposed system for tracking the data and agrees to col-
lect and evaluate data on outcomes at least annually, with a baseline es-
tablished at move-in. As specified in Subdivision (c)(3), further
competitive advantage will be awarded to applications that track and
evaluate pre- and post-occupancy service utilization data for tenants
who were, or become during occupancy, incarcerated, hospitalized,
hou.sed in a residential treatment facility, or in homeless facilities, and in-
clude this in their evaluation.
(3) Applications will be scored based on the amount of non-MHP
funds for permanent funding of the development costs attributable to the
Restricted Units, as a percentage of the requested amount of MHP funds.
The leverage advantage for qualifying Projects will be applied as fol-
lows:
(A) Prqjecls containing at least the minimum 35%, but less than 75%
of total Units as Supportive Housing Units will receive one half point for
every full 5 percentage point increment of other funds as a percentage of
MHP funds. These Projects will receive the first half point when the other
funds are equal to 55'^/( oi'MHP funds. The maxinuun point award (20
points) will be reached when the other funds are equal to 25(V/( of MHP
tunds.
(B) Projects containing 759r or more of total Units as Supportive
Housing Units will receive one full point forevery full 5 percentage point
increment of other funds as a percentage of MHP funds. These Projects
will receive the first point when the other funds are eqtial to 559r of MHP
funds. The maximum point award (20 points) will be reached when other
funds are equal to 150% of MHP funds.
(C) An additional 2 points will be awarded to Projects thai track and
evaluate service utilization data, up to the maximum 20 points available
under the leverage scoring criterion.
Applications that do not demonstrate both collaboration and a focus
on measurable outcoines with a plan for evaluation shall be awarded le-
verage points solely pursuant to Section 7320(b)(5).
NOTt: Authority cited: Sections -50406(n). .50675, Kc), .50675.11, .50675. 14(c)
and 53533(a)(.^), Health and Safety Code. Reterence: Sections 50675.4. 50675.5.
50675.6. .50675.7. 50675.13. .50675.14 and 53533(a)(3). Health and Salely Code.
Hl.STORY
1. New section filed 4-14-2005; operative .5-14-2005 (Register 2005. No. 15).
§ 7347. Reporting Requirements.
At the time the Sponsor submits the annual Project audit required by
Section 7325, the Sponsor shall also submit a supplemental report includ-
ing the following information:
(a) The length of occupancy by each supportive housing tenant.
(b) Changes in each supportive housing tenant's employment status
during the previous year.
(c) Changes in each supportive housing tenant's source and amotmt of
income during the previous year.
(d) Data on any measurable outcoines that the Sponsor agreed to col-
lect pursuant to Section 7346(c)(2), along with an evaluation of the Proj-
ect based on this data.
NOTE: Authority cited: Sections 50406(n). 50675. Kc), 50675,11, .50675. 14(c)
and 53533(a)(3), Health and Safetv Code. Reference: Sections 50675. 1 . 50675.8
and 50675.14. Health and Safety Code.
History
1. New section filed 4-14-2005; opcralive 5-14-2005 (Register 2005. No. 15).
Subchapter 5. Deferred-Payment
Rehabilitation Loans
§ 7400. General.
These regulations set forth the policies and procedures governing the
management and use of the Deferred-Payment Rehabilitation Loan
Fund established by Sections 50660-50670 of the California Health and
Safety Code.
NOTE; Authority cited; Section 50662, Health and Safety Code. Reference: Sec-
tions 50660-50668, Health and Safety Code.
Hlstory
1. New Subchapter 5 (Sections 7400-7436. not con.secutive) filed 2-28-79 as an
emergency; effective upon filine. Certificate of Compliance included ( Reiiisier
79. No. 9).
2. Certificate of Compliance filed 6-1 2-79; transmitted to OAH 6-8-79 ( Reiiister
79. No. 24).
3. Repealer of Subchapter 5 (Sections 7400-7436, not consecutive) and new Sub-
chapter 5 (Sections 7400-7436 not consecutive) filed 5-2-80; efteciive thir-
tieth day thereafter (Register 80. No. 18).
§ 7402. Definitions.
The following terms and definitions shall apply to this subchapter.
"Ability to afford" means that the total shelter expense does not exceed
30 percent of the gross income of the owner-occupant borrower pursuant
to the provisions of this section. Components of shelter expenses may in-
clude, but are not limited to, rent, property taxes, owner-paid utilities, in-
surance, existing mortgage costs, existing home improvement loan pay-
ments, and any proposed rehabilitation costs.
"Affordable rent" means rents for low and very low income house-
holds as defined in Section 6922.
Page 338.3
Register 2005, No. 15; 4-15-2005
§7402
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
"Assisted units" means tiiose units whicli directly benefit from lunds
IVom the Fund.
"Borrower" means a property owner receiving deferred-payment
loans from a local entity pursuant to provisions of this subchapter.
"Commitment" means a specific fund award from the Housing Reha-
bilitation Loan Fund.
"Concentrated rehabilitation area" means an area characterized by
substantial deterioration of residential structures which is designated as
such by the California Housing Finance Agency pursuant to Section
5 1302 of the Health and Safety Code.
"Department" means the California Department of Housing and Com-
munity Development.
"Deferred payment loans" means loans made by a local entity to bor-
rowers with funds from the Housing Rehabilitation Loan Fund.
"Director" means the Director of the California Department of Hous-
ing and Community Development.
"Elderly" means a family in which the head of the household is 60
years of age or older or a single person who is 60 years of age or older.
"Enforcement agency" means a local entity eligible pursuant to the
provisions of this subchapter that is enforcing applicable codes on resi-
dential properties and is eligible for loans from the Housing Rehabilita-
tion Loan Fund without interest.
"Fair Market Rent" means rent limits as established by HUD Ibr the
Section 8 Existing or Moderate Rehabilitation Housing Assistance Pay-
ments Program.
"Fair Rate of Return" means an annual before-tax rate of return not to
exceed 8% of cash investment in rental property to for-profit owners.
"Fund" means the Housing Rehabilitation Loan Fund.
"Household" means one or more persons who are ( I ) low or moderate
income household owner-occupants or (2) low income renters.
"Housing development" means a rental or cooperatively-owned resi-
dential property, including a residential hotel, eligible to receive loan
funds pursuant to the provisions of this subchapter for the primary pur-
pose of providing affordable, decent, safe, and sanitary housing. A hous-
ing development may include any buildings, land, equipment, facilities
or other real or personal property including, but not limited to. streets,
sewers, utilities, and other non-housing facilities such as administrative,
health, recreational, educational and child-care facilities which are an in-
tegral part of a housing development.
"Loan Agreement" is the lender's agreement between the ultimate
borrower and the local entity.
"Loan Committee" means the Rehabilitation and Construction Fi-
nance Loan and Grant Committee established pursuant to Section
6902(d).
"Local entity" means a local public entity or a non-profit corporation
as defined in these regulations.
"Local public entity" includes all entities set forth in Section 50079 of
the Health and Safety Code.
'"Low-income" means the income limit established by Section 6928.
"Moderate-income" means the income limit established by Section
6930.
"Monthly debt service" means the amount of money a borrower must
pay each month on a loan for principal and interest.
"Mortgage assistance area" means that area defined in Section 50085
of the Health and Safety Code.
"Net income" means the income of a person or family as defined in
Section 6916.
"Nonprofit corporation" means a corporation incorporated pursuant to
Part 2 (commencing with Section 51 10) of Division 2 of Title 1 of the
Corporations Code governing public benefit corporations or a corpora-
tion subject to said Part pursuant to the terms of Section 9912 of the Cor-
porations Code.
"Owner" means any individual, joint venture, partnership, limited
partnership, trust, corporation, cooperative, local public entity, or other
legal entity or any combination thereof, whether for profit, nonprofit, or
organized for limited profit, owning residential property in fee simple
pursuant to the provisions of this subchapter.
"Owner-occupanl" means an owner of one to four unit residential
property who use one of the units as a principal residence.
"Program" means the Deferred Payment Rehabilitation Loan Pro-
gram.
"Rehabilitation" means repairs and improvements to a substandard
structure necessary lo make it meet rehabilitation standards and may in-
clude common non-commercial areas used by residents of the property.
"Rehabilitation program" means an ongoing program involving con-
struction assistance, financial assistance or technical assistance in the re-
habilitation of residential property.
"Rehabilitation standards" means applicable state or local building or
housing standards adopted by a city or county pursuant to the State Hous-
ing Law, Pari 1.5 (commencing with Section 179 10) of Division 13 of the
Health and Safely Code and specifically Section 1 7958.8. Rehabilitation
standards include room additions necessary to alleviate overcrowding
for eligible households.
"Rental unit" means a dwelling in a single-family or multi-family
structure of two or more units, including a guest room in a residential ho-
tel, which is rented or leased to a person or household. For purposes of
this subchapter, a unit in a stock cooperative or limited-equity housing
cooperative is a rental unit.
"Residential hotel" means any building containing six or more guest
rooms intended or designed to be used for, or which are occupied for,
sleeping purposes by tenants, which is also the primary residence of these
tenants, provided that a majority of these rooms are residential hotel
units.
"Residential hotel unit" means a room in a residential hotel used or in-
tended or designed to be used as a primary residence, which is subject to
the provisions of Chapter 2 (commencing with Section 1940) of Title 5
of Part 4 of Division 3 of the Civil Code, but which lacks either or both
a self-contained kitchen or bathroom.
"Room addition" means rooms which are added to a structure to allevi-
ate documented overcrowding. "Room addition" shall not include an in-
crease in the number of rooms within the existing living space of an exist-
ing structure.
"Rural area" means an area as defined by Section 50101 of the Health
and Safely Code.
"Substandard building" means any residential building or any portion
of a residential building, including, but not limited to, any dwelling unit,
guest room, or suite of rooms, or the premises on which the same is lo-
cated, in which there exist any of the conditions listed in Section 17920.3
ot the Health and Safety Code, to the extent that the conditions endanger
the life, limb, health, property, safety, or welfare of the public or occu-
pants thereof; violation of any rehabilitation standards adopted by the lo-
cal public entity or nonprofit corporation as part of its residential rehabili-
tation program may contribute to the substandard nature of a structure if
they are life- or health-endangering.
"Transfer of property" means to sell, convey, transfer, or alienate title,
voluntarily or otherwise, to the property, except in the case of the transfer
of the property to an owner occupant's spouse as a consequence of death
or dissolution.
NOTE: Authority cited: Section .S0662. Health and Safety Code. Reference cited:
Sections 50660-.S0668, Health and Safety Code.
History
1 . Amendment of subsection (r) filed 6-19-80; effective thirtieth dav thereafter
(Register HO, No. 25).
2. Amendment filed 10-2-81 ; effective thirtieth day thereafter (Register 81 , No.
40).
3. Amendment filed 11-2-82; effective thirtieth day thereafter (Resister 82, No.
45).
4. Amendment filed 6-3-85; effective thirtieth day thereafter (Register 85, No.
23).
5. Amendment filed 3-17-86: effective thirtieth day thereafter (Register 87. No.
12).
Page 338.4
Register 2005, No. 15; 4-15-2005
Title 25
Department of Housing and Community Development Programs
§ 7404
•
§ 7404. Eligibility Criteria.
(a) The local cnlily shall have available, and eonimii lo the extent fea-
sible. CHFA lunds. CDBG grants and BMIR loans. HUD 312 loans.
Marks-Foian rehabilitation and refinancing funds, FmHA loans or other
funds to be used in combination with commitments from the Fund in des-
ignated areas. Local entities that are operating or will operate one or more
of the following rehabilitation programs in conjunction with this pro-
gram are eligible to apply for Fund commitments from the Department
pursuant to the provisions of this subchapter.
( 1 ) A rehabilitation loan program conducted in a CHFA Concentrated
Rehabilitation Area designated pursuant to Section .'SI 302 of the Health
and Safety Code.
(2) A residential rehabilitation financing program ct)nducted pursuant
to the Marks-Foran Program commencing with Section 37910 o\' the
Health and Safety Code.
(3) A city-wide or county-wide systematic en I orcement program pur-
suant to which the CHFA has allocated sufficient funds for improvement
loans for rehabilitation of housing pursuant to Section .'S13I1 o\' the
Health and Safely Code.
(4) A code enforcement agency repairing substandard structures fol-
k)wing the owner's failure to commence work following a final notice or
order from the enforcement agency.
t.'S) A program conducted by the CHFA in a mortgage assistance area
as defined in Section 5008.*i, Health and Safety Code, provided such area
is located in a rural area.
(6) A rehabilitation or code enforcement program being undertaken by
a local entity in an area in which federal funds are being used or will be
used in conjunction with the Deferred Payment Rehabilitation Loan Pro-
gram.
(b) Local entities applying for fund commitments to lend to local bor-
rowers must demonstrate upon application:
( 1 ) capacity to undertake or operate a rehabilitation loan program; and
(2) capacity to manage, monitor, and enforce the terms and conditions
of this subchapter.
(c) When a local entity proposes, in an application for commitments
from the Fund, to make rehabilitation loans within the jurisdiction of a
city or county which has made or is considering its own application for
funds from the Fund, the local entity must receive prior written authoriza-
tion for such application from the governing body of the city or county.
Such written authorization shall be included with the application made
by the local entity.
(d) Applications by nonprofit corporations for new commitments or
loans from new commitments from the Fund shall include approval for
such applications from the governing body of each city or county havmg
jurisdiction over the area or areas in which loans are to be made. Said ap-
proval shall specifically authorize the nonprofit corporation to make re-
habilitation loans in the desienaied area or areas.
(e) The Department may prt)\ide deferred payment loans directly lo
the owner-occupanl of a dwelling imit or owner of a rental housing de-
velopment pursuant to Section 5()668(b) of the Calilt)rnia Health and
Safety Code.
(T) An owner-occupant household of low or moderate income which
satisfies the following criteria is eligible for a deferred payment loan pur-
suant to the provisions of this subchapter:
( 1 ) It is the owner-occupant of the unit to be assisted.
(2) The property is eligible under a rehabilitation program designated
under subseclion(a) of this section. For prt)iecls which directly benefit
from funds of programs designated under (a)( 1 )-(a)(-'S) borrowers may
be low or moderate income households. For projects which directly bene-
11 1 from funds of programs designated under (a)(6), owner-occupani bor-
rowers shall be low income households only, except that where program
areas designated under (a)(6) overlap with other eligible program areas,
the least restrictive income limits for borrowers shall apply.
(3) The monthly payments required by any combination of loans avail-
able through CHFA. Marks-Foran, CDBG, HUD 312, FmHA and reha-
bilitation/refinancing by private lending institutions or other st)urces lo
coverthecost of meeting rehabilitation standards would result in the total
shelter expense exceeding the owner's ability to afford such shelter ex-
penses.
(g) An owner ofrental unils which satisfies the following criteria is eli-
gible for a deferred payment loan pursuant to the provisions oi'lhis sub-
chapter:
( 1 ) It owns a single-family or multi-family rental residential properly
in which the units are, or will be, occupied by low-income households
pursuant to Section 7416(b).
(2) The property is in a rehabilitation program designated under sub-
section (a).
(3) The owner agrees to rent lo low-income households pursuant to
Section 7416.
(4) The owner agrees to limit rent increases pursuant to Sectii)n
7412(c).
(5) The loan is necessary to avoid increases in monthly debt service,
necessitated by any combination of loans available through CHFA.
Marks-Foran, CDBG, HUD 312, FmHA, refinancing/rehabilitation by
private lending institutions, or local agency lending programs, which are
necessary to cover the cost of meeting rehabilitation standards, as deter-
mined by increased rents, which either would exceed the affordable rents
for low-income households residing in the rental property at the com-
mencement of rehabilitation work funded by the local agency or by oth-
ers; or which would make it economically infeasible to use available sub-
sidies, such as Section 8, in order to provide affordable rents lo
low-income households.
(h) The Loan Committee may modify income requirements and defi-
nitions to allow a local entity to use standards more compatible with those
[The next page is 339.]
Page 338.5
Register 2005, No. 15; 4- 15- 2005
Title 25
Department of Housing and Community Development Programs
i^ 7408
used in local programs if the purpose oflhis progiam is furthered by such
niodilication.
Nori:: Aulhorilv cited: Section 30662. Health and Satetv Code. Relerence: Sec-
tions S066()~.S()668. Health and Salety Code.
History
1. Amendment tiled 10-2-81 : eHective thirtieth dav thereafter (Resiister 81. No.
40).
2. Amendment filed 1 1-2-82: effective thinicth dav thereafter (Resistcr 82. No.
45).
,v Amendment tiled 6-.^-8.S: effective thiitieth dav theieafter (Rciiisler 8.'>. No.
2.^).
4. Amendment of sub.sections (e) and (l')(2i filed .^-17-86; effective thirtieth day
thereafter (Register 87. No. 12).
5j 7406. Loan Limits.
The following limitations shall apply to all Fund cotntiiittnents or det-
erred payment loans made by local entities;
(a) The Loan Committee shall authorize no tnore than 1 0 percent of the
appropriation to the Fund for rehabilitation activities of code enforce-
ment agencies pursuant to Section 74()4(a)(4). Not less than 20 percent
of the appropriations to the Fund on or after January 1 , 1980 shall be ex-
pended in rural areas.
(b) Loans lor direct rehabilitation and repairs by code enforcement
agencies.
( 1 ) The maximutn atnount of funds loaned to a local entity shall be
$10,000 per unit.
(2) Futids received pursuant to this subsection shall be applied to the
total perrnitted by subsection (a) oflhis .section.
(J) The rnaximum loan from the Fund plus other indebtedness against
the property shall not exceed 90 percent of the anticipated after-rehabili-
lation value of the property.
(c) Loans to low and moderate income owner-occupants of a unit to
be assisted.
( 1 ) The maximutn deferred payment loan per unit shall be $ 1 0,000 or
$20,000 when there are room additions, subject to the limitation of subdi-
visions (2) and (3), and may be subordinate to prior loans and liens.
(2) The maximum deferred payment loan plus other indebtedness
against the property shall not exceed 90 percent of the anticipated after-
rehabilitation value of the property. The existence of senior citizen tax
deferral liens shall not be included in the calculation of indebtedness.
(3) Loans shall be lirnited to the amount necessary to cover the cost of
meeting rehabilitation standards which cannot be financed by any cotnbi-
nation of funds otherwise available without exceeding the borrower's
ability to afford shelter expenses. Such funds may be derived from
sources such as Marks-Foran. CHFA. CDBG. HUD 312. FmHA, or
funds from private lenders. A loan to an elderly owner-occupant of low
income may be permitted without requiring the other financing specified
in subsection 7404(f)(3). With Deparltnent permission, this requirement
tnay also be waived where its enforcement would require loans from oth-
er sources in such small amounts that the local entity determines that the
adtninistration and processing of such other loans is impractical or unrea-
sonable.
(4) The borrower shall receive only one deferred payment loan.
(5) Exceptions to subparagraphs (c)(l ), (c)(2), and (c)(4) may be rec-
omtnended by a vote of the Loan Committee if it finds the presence of
extraordinary circumstances, such as where the existing loan limit is not
sufficient to cover costs attributed to retrofitting a unit for the handi-
capped, or where there are urgent health and safety needs, such as a pol-
luted water supply or severe foundation problems. In either case, the local
entity must document that no other funds are available for this purpose.
(d) Loans to owners of rental units.
( I ) The maxirnum deferred payment loan to an owner of rental units
shall be $10,000 per unit, or $20,000 when there are room additions,
$5,000 per residential hotel room, and $200,000 per housing develop-
ment, subject to the limitations of subdivisions (2) and (3). Maximum
loan amounts shall be based on the number of units after rehabilitation.
The deferred payment loan may be subordinate to prior loans and liens.
(2) The maximum deferred payment loan plus other indebtedtiess
against the property shall tiot exceed 90 percent of the anticipated alter-
rehabilitation value of the property.
(3) Loans qualifying under Section 74()4(g)(.S) shall be limited to the
atnount of the cost of meeting rehabilitation standards which exceed the
amount which can be financed by any cotnbination of futids otherwise
available without exceeding monthly debt service, as detertnined by in-
creased rents, which either would exceed the affordable rents lor one or
more low-income households residing in the rental property or ha\ itig
been displaced from the rental property at the cotntnencement olfehabil-
itation work funded by the local entity or by CHFA; or tnake it economi-
cally infeasible to accept subsidies, such as Section 8, available to pro-
vide affordable rents to low-iticotne households. With Deparimetit
pertnission, this requiretnent may be waived where its enlorcemetil
would require loans frotn other sources in such small amounts thai the
local entity detertnities that the administration and processing of such
other loans is itnpractical or unreasonable.
(4) The borrower shall receive only one deferred payment loan for
each housing development assisted.
(5) Exceptions to subparagraphs (d)( I ), (d)(2), and (d)(4) tnay be rec-
ommended by a vote of the Loati Comtnitlee if it finds the presence of
extraordinary circutnstances. such as where the existing loan limit is not
sufficient to cover costs attributed to retrofitting a unit for the handi-
capped, or where there are urgent health and safety needs, such as a pol-
luted water supply or severe foundation problems, in either case, the local
entity must document that no other funds are available for this purpose.
NOTE: Authority cited: Section .S0662, Health and Saleiy Code. Reference: Sec-
tions .'i066O-.^0668. Health and Safety Code.
History
1. Amendment filed 10-2-81; effective thiilieth day ihereaher (ReL'ister 81. No.
40).
2. Amendment of subsection (d) filed 1 1-2-82: effective thinieth dav thereaher
(Register 82, No. 45).
3. Editorial conection ol subsection (d)(3) filed 1-6-83 (Register 83. No. 2).
4. Amendment filed 6-3-8-5: effective thirtieth day thereafter (Register 85. No.
23),
§ 7408. Rates and Terms.
The following rates and terms apply to all commitments and loans
from the Fund.
(a) Commitments of funds to local entities for borrowers.
(1) All funds committed from the Fund to local entities shall be loaned
to borrowers within a period to be determined by the Department.
(2) The Loan Committee may provide for a waiver of interest pay-
ments when, and to the extent that, a local entity remits to the Depart-
ment, in advance on behalf of the borrower, a sum equal to not less than
15 percent of the original principal balance of the loan to the borrower.
This sum shall be in lieu of interest. Local entities may choose to make
such advance payments when they make loans to borrowers at less than
3 percent.
(3) Funds, including loan principal and interest, including any interest
attributable to delinquency paid thereon by borrowers, shall be repaid by
local entities to the Department promptly as borrowers repay loans to lo-
cal entities.
(b) Loans to local entities for direct rehabilitation and repair by code
enforcement agencies.
(1 ) Loans made pursuant to this subsection shall not bear interest, ex-
cept as provided under (b)(2).
(2) Any rehabilitation expenditures pursuant to this subsection shall
be made a special assessment or lien against the properties affected and
shall require that the full amount collected by the local entities, up to the
cost of rehabilitation, and any interest collected on that sum, be promptly
repaid to the Fund.
(3) Loan funds shall be expended within a period to be determined by
the Department.
(c) Loans to low or moderate-income owner-occupants oi units to be
assisted.
Page 339
(4-t-90)
§ 7410
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1 ) Loans iVom local entilies to borrowers shall bear simple interest at
the rate oi' 3 percent per annum on the original balance which shall be
payable to the local entities when the loan is due.
(2) Payment of interest by the borrower may be waived or adjusted to
less than 3 percent only when a local entity complies with the require-
ments of subsection (a)(3).
(3) Loans to elderly borrowers shall be due and repayable to the local
entity upon sale, conveyance or transfer of the property or any interest
therein, although the borrower may repay the entire amount of the loan
earlier at his or her discretion. Loans shall also be due and repayable if
the elderly borrower no longer occupies the unit as his or her principal
residence for reasons other than medical treatment or disability, requir-
ing a temporary alternative residence for the elderly borrower.
(4) Loans to non-elderly owner-occupants shall be due and repayable
to the local entity if the borrower no longer occupies the unit as his or her
principal residence or upon sale, conveyance or transfer of the property
or any interest therein to any person other than a person of low or moder-
ate income who is eligible pursuant to Section 7404(f). Loans shall have
five-year terms, which may be renewed as long as the property is not
transferred, the borrower continues to occupy the property and the bor-
rower's income and assets are such that the deferred payment loan could
not be feasibly repaid by refinancing from other sources. A local entity
shall only renew loans for one five-year period at a time. A borrower may
repay the entire amount of the loan earlier at his or her discretion. If the
borrower becomes elderly during the term of the loan, the loan shall be
repaid pursuant to subsection (3).
(5) Local entities may not approve or agree to any refinancing, as-
sumption or subordination with respect to a Program loan or real property
securing the loan without the prior approval of the Department.
(d) Loans to owners of rental units.
( 1 ) Loans from local entities to borrowers shall bear simple interest at
the rate of 3 percent per annum on unpaid principal balance which shall
be payable to the local entity when the loan is due.
(2) Loans shall have five-year terms unless the local entity and the De-
partment determine that a longer term is required to ensure the economic
feasibility of obtaining other rehabilitation financing or accepting subsi-
dies. The initial five-year term may be renewed up to five additional
five-year periods for a total term of up to thirty years, as long as the local
entity determines that low income households residing in the rental units
will benefit, pursuant to the loan agreement. Local entities shall renew
loans only for one five-year period at a time unless multiple five-year
periods are essential to the feasibility of condnuing to benefit low-in-
come households.
(3) Local entities may not approve, or agree to any refinancing, as-
sumption or subordination with respect to a Program loan or real property
securing the loan without the prior approval of the Department.
(e) Incremental repayments to either the Department or local entities
shall not be permitted.
Note. Authority cited: Section 30662, Health and Safety Code. Reference: Sec-
tions 50660-50668, Health and Safety Code.
History
1. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81. No,
40).
2. Amendment of subsection (dK2) and repealer of subsection (f) filed 1 1-2-82:
effective thirtieth day thereafter (Register 82, No. 45).
3. Editorial correction of subsection (c)(4) filed 1-6-83 (Register 83, No. 2).
4. Amendment filed 6-3-85; effective thirtieth day thereafter (Register 85, No.
23).
§ 7410. Conditions of Fund Commitments to Local
Entities.
The following special conditions shall apply to all fund commitments
made to local entities.
(a) Before the Department disburses funds, the local entity will be re-
quired to submit to the Department the following documents which will
have been prepared by the Department or at its direction:
( 1 ) A resolution authorizing the acceptance of funds pursuant to the
terms of these regulations;
(2) An executed Standard Agreement between the local entity and the
Department;
(3) Bon-ower documents and completed application forms to be used
between the local entity and borrowers, including copies of the loan
agreement, promissory note, and security instrument(s); and
(4) .Any other documents deemed necessary by the Department.
(b) Local entities shall agree not to discriminate or permit discrimina-
tion on account of race, color, religion, ancestry, sex, age. national origin,
marital status, and mental or physical handicap, in accordance with all
local, state, and federal laws governing and restricting such discrimina-
tion or requiring affirmative action. In addition, local entities shall agree
not to discriminate, due in whole or in part to the consideration of condi-
tions, characteristics or trends in the neighborhood or geographic area
surrounding the housing development, unless it can demonstrate that
such consideration in the particular case is required to avoid an unsafe
and unsound business practice.
(c) Local entities shall agree not to substitute commitments from the
Fund for similar local funds. This requirement applies to the local entities
overall rehabilitauon activities in the jurisdiction, rather than on a loan-
by-loan basis.
(d) The Standard Agreement with local entities shall specify, in addi-
tion to the other items in this section, conditions including, but not limited
to:
(1 ) Terms and conditions of borrower loans, including rate of interest,
term, amount and purpose of such loans;
(2) Terms and conditions related to extensions and assumptions of bor-
rower loans;
(3) Terms and conditions related to the making and monitoring of
loans to borrowers or transactions with owners of buildings subject to
code enforcement repairs and rehabilitation;
(4) Terms and conditions related to administration of the local pro-
gram, including coordination and use of other sources of rehabihtation
and refinancing funds in combination with deferred payment loans;
(5) Terms and conditions related to the ability of the Department or its
agents to enter and inspect properties affected or to be affected by funds
from the Fund, and records of the local entity and/or borrower related to
funds from the Fund;
(6) Terms and conditions related to borrower default, late repayment
and collection of the loans by the local entity;
(7) Terms and conditions related to remedies for breach of the Stan-
dard Agreement and extension of the period for fund commitments;
(8) Terms and conditions related to truth-in-lending disclosure;
(9) Terms and conditions related to requiring evidence of adequate ca-
sualty loss insurance; and
( 1 0) Terms and conditions related to the assignment to the Department
of all rights of the local entities arising from loans to borrowers.
(e) Local entities shall provide the Department with reports on the
progress of rehabilitation and related purposes for which the funds have
been used. Reports shall be submitted on a semi-annual basis or at other
intervals required by the Department. The Department shall determine
the required contents of the reports.
(0 Pertinent information on each loan to borrowers shall be provided
promptly to the Department in the form required by the Department. All
loan documents and agreements related to loans to borrowers shall be
kept on file by the local entity as directed by the Department.
(g) Primary responsibility for monitoring and enforcing conditions of
the loans shall be taken by local entities, and such enforcement shall be
taken promptly by the local entity to protect the security of the loan or the
benefits to low-income tenants. Local entities shall provide that inspec-
tions of the premises to be rehabilitated by loan proceeds are performed
and that such work meets applicable code standards.
(h) Notwithstanding any other provisions of these regulations, and any
amendments thereto, or any terms of any documents, agreements or notes
Page 340
(4-1-90)
Title 25
Department of Housing and Community Development Programs
^7414
execLiicd by and between the Department and the local public entity, the
obligation of the local public entity to repay principal and interest on a
coniniitnient made under these regulations shall be limited to that amount
actually recovered I'rom each loan made by the local public entity.
(i ) Nonprofit corporations obtaining commitments from the Fund shall
present evidence of adequate fidelity bonds.
Noil:. Aulhorilv cited: Section 30662. Health and Saletv Code. Ret'erencc: See-
lions .■S()66()-.s()668. Health and Safely Code.
H I.STORY
1. Amendment filed l()-2-Xl: elleetive ihinieth day thereafter (Register 81. No.
40).
2. Amendmeni of subsection (b) tiled I I-2-S2: effeetive thirtieth day thereafter
(Register 82. No. 45).
.^. Amendment tiled 6-3-8.5; effeetive thirtieth dav thereafter (Register 85. No.
2?).
§ 7412. Conditions of Loans to Borrowers.
The following general conditions shall apply to all loans tnadeby local
entities to borrowers.
(a) The following documents shall be executed by all borrowers and
local entities as applicable:
( 1 ) A loan agreement, which, in the case of loans to rehabilitate rental
units, shall be recorded or referenced in a recorded document;
(2) A promissory note:
(}) A .security instrument to be recorded:
(4) Trulh-in-lending disclosure; and
(-5) Other documents required by the Department or required by the lo-
cal entity and approved by the Department.
(b) The loan agreement shall be in a form determined by the Depart-
ment and contain, but not be limited to. the following provisions:
( 1 ) Atnount, term, and interest on the loan, including specific terms of
payment and repayment of principal and interest;
(2) Terms and conditions regarding non-discrimination and affirma-
tive action in hiring, as required by law:
(.^) Terms and conditions regarding contractor selection, self-help, re-
habilitation work to be done, bonding, and payments to contractors;
(4) Compliance with local, state or federal laws, ordinances and regu-
lations applicable to proposed loans, rehabilitation, and use of the prem-
ises, including zoning ordinances, building codes, planning, historic
preservation, environmental, and relocation regulations;
(5) Terms and conditions relating to defaults in repayment or com-
pliance with the loan agreement:
(6) Provisions allowing the local entity or Department, their agents or
employees, with the prior consent of the borrower and the occupant in
each instance, to enter upon and inspect the lands, buildings, and equip-
ment of the borrower at any time during or after rehabilitation of the sub-
ject property; or to inspect the books and records of the owner related to
the subject loan funds, at any time during or after rehabilitation ol' the
property assisted by the loan;
(7) Terms and conditions related to program reporting requirements;
(8) Terms and conditions related to extensions, refinancing, assump-
tions, or subordination of the loan; and
(9) Provisions that enforcement shall be by proceeding at law or in eq-
uity, at the option of the local entity or department, against any person or
persons violating or attempting to violate any covenant, either to restrain
violation or to recover damages.
(c) The loan agreement with borrowers to rehabilitate rental units shall
include, in addition to the provisions contained in subdivision (b). provi-
sions covering the following special conditions:
(1) Pursuant to Section 7416(a)-(d), rental units in the residential
property shall be rented to low income households;
(2) Loans pursuant to Section 7404(a)( 1 ) shall be made only if the bor-
rower agrees to restrict rents as required by regulation of the California
Housing Finance Agency pursuant to subdivision (g) of Section 51307;
(3) Loans pursuant to Section 74()4( a)(2) shall he made if the borrower
contracts during the term of the loan to limit rent increases as provided
in Section 37922.3 of the Health and Safety Code;
(4) Loans pursuant to Section 7404(a)(3) shall be made if the borrower
accepts a loan for rehabilitation from the California Housing Finance
Agency and agrees to limit rents and profits as required by such a loan:
(5) Loans pursuant to Section 7404(a)(.'S) and (6) shall be made if the
borrower agrees to execute an agreement, to be provided by the Depart-
ment, whereby the borrower agrees during the term of the loan nt)t to raise
residential rents for all assisted units in a rental housing development by
an annual amount greater than 5(.V/( of the annual average percentage in-
crease in the Consumer Price Index for All Urban Consumers. Western
Region. All Items ("CPl'") as published by the U.S. Bureau of Labor Sta-
tistics. In the event such index is no longer published or available, an al-
ternative index shall be selected by the Department. The alternative shall
be based on the same factors which determine the CPl to the extent possi-
ble. However, if the units are located in a community which has adopted
rent stabilization ordinances which would require a lower increase in
rents, the local provisions shall apply.
(6) Where program areas under Section 7404(a)(,5) and ((i) overlap
with other eligible program areas, the provisions which require the low-
est increase in rents shall apply.
( 7) Loans to rehabilitate one or tiiore units for which Section 8 Housing
Assistance Payments will be used, shall be made only if the borrower
agrees during the term of the loan not to raise rents by an amount greater
than the annual rent adjustments for Section 8 units as determined and
published by the U.S. Department of Housing and Urban Development;
(8) Terms and conditions reJated to tenancy standards and procedures
pursuant to Section 7416.
(9) The loan agreement shall be binding on the borrower and succes-
sors in interest for the full term of the loan, regardless of sale, transfer or
prepayment.
(d) Loans by local entities shall be secured in a manner that adequately
protects the interests of the Department. Security may include, but is not
limited to. deeds of trust or mortgages.
NOTE: Authority cited: Section .50662. Health and Safety Code. Reference: Sec-
tions -50660-50668. Health and Safety Code.
Hl.STCJKY
1 . Amendment filed 10-2-81 ; effeetive thirtieth day thereaher (I^eizisier 81 . No.
40).
2. Amendment tiled 6-.V85; effeetive thirtieth day thereafter (Register 85. No.
23).
§7414. Authorized Expenses.
Funds from the Fund may be used only with respect to the following
authorized expenses.
(a) Loans to local entities for direct code enforcement repair or rehabil-
itation pursuant to Section 7404(a)(4) may be u.sed only for actual reha-
bilitation and repair costs. They inay not be used for governmental ad-
ministrative costs, overhead costs, costs of collection or foreclosures, or
other items.
(b) Loans from the Fund made by local entities to borrowers may in-
clude the following costs:
( 1 ) Costs of rehabilitating, or the reconstruction of, eligible properties
in conformance with rehabilitation standards, except as excluded under
subsection (c);
(2) Room additions or enlargements pursuant to Section 7402;
(3) Costs for improvements related to making the housing develop-
ment accessible to and usable by the handicapped;
(4) In unusual cases, and if approved by the Department after consider-
ation of need and cost by the local entity, the cost of design .services for
the preparation of plans, drawings, and specifications for the rehabilita-
tion of the property;
(5) The cost of building permits and related fees required for the reha-
bilitation, if not included in the construction contract;
(6) Costs of title reports, credit reports, appraisal reports and fees for
recording documents related to the loan; and
(7) The cost of repair and installation of aUcrnative energy conserva-
tion systems and weatherization when done in conjunction with other re-
habilitation work.
Page 341
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§7415
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) Loiins made by local entities pursuant to this subchapter may not
include the following unauthorized expenses:
( 1 ) Real property acquisition;
(2) New construction, except for room additions as authorized by this
subchapter:
(3) Refinancing;
(4) General property improvements unless such improvements are
necessary to correct unsafe, unhealthy or insanitary conditions, including
renovations and remodeling, such as remodeling of kitchens and bath-
rooms, installation of new appliances; landscaping; or the purchase and/
or installation of central air conditioning;
(5) Materials, fixtures or equipment of a type of quality which exceeds
that customarily used in the locality for properties of the same general
type as the property to be rehabilitated;
(6) Appliances not required by rehabilitation standards;
(7) The purchase, installation, or repair of furnishings or trade fixtures;
(8) Local entity administration, consulting, loan packaging, and over-
head costs; and
(9) Expenses related to displacement and relocation of tenants in rental
units rehabilitated under the program.
(d) Expenses related to rehabilitation activities which result in a de-
crease in the number of rooms or units in a residence or housing develop-
ment may be authorized where the following criteria are met:
( 1 ) no permanent displacement will result; and
(2) it is necessary to meet applicable building or housing codes; or
(3) the new unit composition meets a greater housing need than does
the existing unit composition; or
(4) the new unit composition is necessary to ensure the economic fea-
sibility of the project.
(e) Expenses related to rehabilitation activities which result in an in-
crease in the number of residential units or conversion of non-residential
structures to residential use may be authorized where the following crite-
ria are met:
(1) the additional units will be made available to low income house-
holds pursuant to Section 7416 for the purpose of alleviating a shortage
of standard rental housing affordable to such households in the commu-
nity: and
(2) the additional units or conversions are necessary to make rehabili-
tation and continued maintenance economically feasible.
In cases where nonresidential structures are converted to residential
use. the borrower must agree to execute documents to ensure that units
created will be reserved for occupancy by low-income households pur-
suant to Section 7416 for a period of at least fifteen years by agreeing to
extend the loan after each five-year term as provided for in Section
7408(d).
(f) In buildings where there are mixed residential and commercial
uses, authorized expenses shall include only those expenses attributable
to portions of the structure which directly benefit residential uses. Where
common elements, such as roofs, are to be rehabilitated, program funds
may be used for the residential portion of the total costs, based on the per-
centage of residential floor area in the structure.
(g) Administrative costs of the Department shall be derived from the
Fund.
(h) Related administrative costs of local entities may be derived from
the Fund if it is determined by the Department that such payments are
necessary for local entities to implement and assure compliance with this
program.
NOTE: Authority cited: Section 50662, Health and Safety Code. Reference: Sec-
tions 50660-50668, Health and Safety Code.
History
1 . Amendment filed 10-2-81 ; effective thirtieth day thereafter (Register 81, No.
40).
2. Amendment of subsections (b)(]), (d)and (e) filed 11-2-82: effective thirtieth
day thereafter (Register 82, No. 45).
3. Amendment filed 6-3-85; effective thirtieth day thereafter (Register 83, No.
23).
§ 7415. Grants for Administrative Costs.
The following conditions shall apply to awards for related administra-
tive costs.
(a) Local entities that are eligible to receive funds for administrative
costs of operating the program are limited to:
( 1 ) Local public entities that are not Jurisdictions designated as entitle-
ment grantees under HUD" s Community Development Block Grant pro-
gram, and that will operate the program and make loans in rural areas.
(2) Nonprofit corporations that will operate the program and make
loans in rural areas.
(b) The Department may provide grant funds to eligible local entities
for costs oi' administering the program in an amount up to 1 5 percent of
the total loan commitment from the Fund.
(c) Eligible costs may include, but are not limited to, personal services,
operating expenses, and rental of equipment. Proposed items of adminis-
tration and other costs shall be set forth in the application. Only those
costs specifically approved by the Department may be reimbursed from
the Fund. Administrative costs will be accounted for on a direct cost basis
unless an indirect cost rate has been approved by the Department.
( 1 ) Personal services include:
(A) Staff salaries, wages and benefits; and
(B) Contract services in administration of the program.
(2) Operating expenses and equipment include:
(A) Office supplies, printing and copying and telephone charges:
(B) Travel;
(C) Office rent and utilities related to the program operation;
(D) Rented office equipment; and
(E) Insurance and fidelity bonds.
(d) Ineligible costs include costs to be included in loans to borrowers
as set forth in Section 7414(b).
NOTE: Authority cited: Section 50662, Health and Safety Code. Reference: Sec-
tions 50661. 50662 and 50663. Health and Safety Code.
History
1 . Amendment filed 10-2-81 ; effective thirtieth day thereafter (Register 81, No.
40).
2. Amendment of subsections (c) and (e) tiled 1 1-2-82; effective thirtieth day
thereafter (Register 82, No. 45).
3. Amendment of subsection (d) filed 6-3-85; effective thirtieth day thereafter
(Register 85, No. 23).
§ 7416. Tenancy Standards and Procedures.
The following terms and conditions govern tenant selection, relations,
and evictions for low-income tenants of rental units rehabilitated with
loans from the Fund.
(a) Initial priority for rental units shall be given to those households
which resided on the premises prior to rehabihtadon and were displaced
due to, or during the process of, rehabiUtation.
(b) Borrowers shall agree to rent 100 percent of the residential units
in a housing development rehabilitated with loans from the Fund, other
than owner-occupied residences or units, to low income households dur-
ing the term of the loan, except where it is necessary to preserve the eco-
nomic feasibility of the development or avoid displacement. In such
cases, the Department may approve a lower percentage, however, in no
case shall less than 30 percent of the units be designated for low income
households. If the designated number of low income units are initially oc-
cupied by non-low income households but subsequently become vacant,
the borrower shall agree to rent such units to low income households. The
borrower shall affirmatively seek such households by contacting the lo-
cal housing authority. Where the borrower cannot obtain such low in-
come tenants by contacting the local housing authority, the borrower
shall contact the local entity for guidance. The local entity shall contact
the Department if its efforts do not result in low income tenants for the
vacant units.
(c) If rental subsidies are available, borrowers may accept rent subsi-
dies for assisted units.
(d) Rents shall remain at pre-loan apphcation levels until rehabilita-
tion is completed. After rehabilitation, increases in rents shall be limited
to avoid displacement of low and moderate income households pursuant
Page 342
(4-1-90)
Title 25
Department of Housing and Community Development Programs
ij7428
lo Govcrnnient Code Section 7265.3(b). Proposed al'ier-rehabilitniion
rents shall be established by the local entity and borrower prior to approv-
al ol'ihe k)an agreement by the Department. Rents shall be set at levels
in accordance with the provisions set forth in Section 74 1 2(c) and consis-
tent with the economic feasibility of the housing development and a fair
rate of return lo the owner of the housing development as determined by
the Department.
(e) The borrower shall agree to use a lease prepared by the Department
which conforms to California law and the requirements of Sections
1 1 402 and 1 1405-1 1406 or other lease subject lo the approval of the De-
partment.
(!) The borrower and tenants shall comply promptly and fairly with
iheir responsibilities under law and as set forth in the lease. In addition,
the borrower shall make every effort feasible to ensure the stability and
security of tenants.
(g) If a tenant's income exceeds the standard pursuant to which he or
she was accepted for tenancy, thai fact alone shall neither cause the ten-
ant's evict it)n nor be a violation of the borrower's loan agreement or these
regulations.
NoTi:: Aulhoritv cited: Section .^0662. Health and Safety Code. Reference cited:
Scclions .S()660-.S()(-)(-.X. Health and Safety Code.
History
1 . Aniendinent tiled 1 0-2-81 ; eftective thirtieth dav thereafter ( Retiister 8 1 . No.
40).
2. Amendnieni of subsection (b) tiled 1 1-2-82: effective thirtieth day thereafter
(F^cgister 82. No. 4.S).
§ 7418. Loan Committee.
The loan cotnmittee shall operate as required by Subchapter 1 (com-
tiiencing with Section 6900) of Chapter 6.5 of this Part.
No'l't: Authoritv cited: Section 50662, Health and Salety Code. Reference: Sec-
tions 50660-50670, Health and Safety Code.
History
I. Amendment tiled 6-19-80: effective thirtieth day ihereafter (Register 80. No.
§ 7420. Review of Applications for Fund Commitments.
The following criteria shall be used to review applications in determin-
ing Fund coinmitments to local entities.
(a) Compliance with State Housing Eleinent requirements contained
in Section 65302(c) of the Governmetit Code;
(b) The local entity's ability to lend the funds upon receipt of a com-
tnitment;
(c) Evidence of need in terms of substandard housing; and
(d) Other considerations as deemed appropriately by the Department.
NOTI:: Authoritv ched: Section 50662. Health and Safely Code. Reference: Sec-
tn)ns 50660-50668, Health and Safety Code.
History
I. Repealer and new section (lied 10-2-8! ; eftective thirtieth dav thereafter (Reg-
ister 81, No. 40).
§ 7422. Application Process.
The Department shall prepare and provide application forms and pro-
gram documents upon request. The process shall include, but not be lim-
ited to the following activities.
(a) Applications for fund commitinents to local entities will be re-
viewed by Department staff.
(b) Infortnation and staff recommendations regarding eoinpleted
applications from eligible local entities will be submitted for consider-
ation by the Loan Cominittee.
(c) The Loan Committee shall make recotntnendations to the Director
regarding the applications pursuant to Section 6904.
NOI E: Authority cited: Section 50662. Health and Safety Code. Reference: Sec-
tions 50660-50668. Health and Safety Code.
History
1. Amendment Hied 10-2-81 ; effective thirtieth day thereafter (Reeister 81, No.
40).
§ 7424. Department Review of Local Activities.
(a) The Department shall review and approve or disapprove all loan
applications for funds from the Fund involving assistance to rental units,
as well as all assumptions and extensions of such loans.
(b) At the discretion of the Departtneni, loan applications frotii t)wner-
oceupants or extensions of such loans may be reviewed in their entirely
and are subject to approval by the Department.
(e) Any time during the operation of the program, the Deparlmeni may
request or perforin a review or financial audit of any and all phases ol the
local entity's program operation. The local entity shall provide any re-
quested documentation related to monitoring and enforcing the Standard
Agreement.
(d) Any person or owner affected by this prograin may petitit)n the De-
partment to review any phase of implementation of the local enliiy's pro-
gram. Grievances tnay i-elate to, but not be limited to, eligibility, terms
of tenancy, or authorized expenditures. Review undertaken by the De-
partment under this section may be informal or may follow the proce-
dures outlined in Government Code Section 1 1 80 et seq. at the option of
the Department. Failure to petition the Department shall not limit a com-
plainant's right to seekjudicial review; nor shall the Department's review
pursuant to a petition preclude de novo judicial review.
(e) Reports describing the progress and problems of the local entity's
program, including loan disbursals and grant expenditures, if any. shall
be submitted to the Department until such time as the local entity has
loaned all of its commitment froin the Fund. Reports shall be submitted
at intervals determined by the Departinent. The Department may provide
local entities with the forinat for such reports.
(f) As a result of any Department findings of noncompliance resulting
from reviews pursuant to subsections (a)-(e). the Departinent may re-
quire that the local entity remedy the situation in order to remain in the
program.
NOTE; Authority cited: Section 50662. Health and Safety Code. Reference: Sec-
tions 50661. 50662 and 50663, Health and Safety Code.'
History
1. Amendnieni filed 10-2-81: effective thirtieth day thereafter (Retiister 81 , No.
40).
2. Amendment filed 6-3-85; effective thirtieth dav thereafter (Reeisier 8.5, No.
23).
§ 7426. Appeals Procedure.
The following appeals procedures shall apply to operation of the pro-
gram.
(a) Local entities whose applications for fund commitments are not
recommended for approval by the Loan Committee may appeal the Ct)m-
mittee's decision in accordance with the procedures set forth in Section
6906.
(b) Borrowers whose loan applications have not been approved by the
local entity may appeal to the local entity.
(c) A local entity may appeal any action by Department staff on appli-
cations for loans to borrowers lo the Loan Committee. The Loan Com-
mittee shall make a recommendation on the appeal to the Director, whose
decision shall be final.
NOTE: Authority cited: Section 50662. Health and Safety Code. Reference: .Sec-
tions 50661, 50662 and 50663, Health and Safety Code.'
History
1. Amendment filed 10-2-81: effective thirtieth dav thereaher (Reaister 81. No.
40).
§ 7428. Disbursement of Funds.
The following procedure shall govern disbursement of funds to local
entities.
(a) Funds for loans will be disbursed to, or on behalf of, the local entity
as the need for funds arises in a manner determined by the Department.
Such disbursements may include advance payments on the total ap-
proved loan fund commitment and payments thereafter as needed to fa-
cilitate effective administration of the program by local entities.
Page 343
(4-1-90)
§ 7430
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(h) The Department shall disburse administrative grant Vunds to local
entities on a quarterly basis or on a Joan-by-loan basis, at the discretion
of the Department.
(c) The local entity must request disbursements of funds in writing at
least twenty days before receipt is required.
NcjTt^: Authority cited: Section 50662, Health and Safety Code. Rel'erenee: Sec-
tions .S0661, .50662 and .5066.1 Health and Safety Code.
History
1 . Amendment tiled 10-2-81 ; elTeciive thirtieth day thereaher (Register 81. No,
40).
§ 7430. Cancellation of Commitments.
Commitments to local entities may be cancelled by the Department af-
ter they have been approved but before any disbursetiients have been
made, or further disbursements may be cancelled after initial disburse-
ments have been made if a local entity is not operating the program in ac-
cordance with the schedule or other provisions in the application or Stan-
dard Agreement or if the objectives of the commitment cannot be met.
Upon notice of cancellation, the local entity shall have a right to a hearing
before the Loan Committee. The Loan Committee shall consider the ap-
peal at its next regularly scheduled meeting and make a recommendation
to the Director, whose decision shall be final.
NOTF.: Authority cited: Section 50662, Health and Safety Code. Reference: Sec-
tions 50661, 50662 and 5066.\ Health and Safety Code.
History
1. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81. No.
40).
2. Amendment filed 6-3-85; effective thirtieth day thereafter (Register 85. No.
23).
§ 7432. Defaults, Transfers and Assumptions.
(a) In the event a borrower should default on any of its debts to a lender
or creditor whose loan is secured in any manner by the subject property
and the lender or secured creditor should proceed to force a sale of the
subject property after a foreclosure procedure, or in the event a judgment
has been taken against the property owner and the judgment creditor
should proceed to force a sale of the subject property in satisfaction of its
claim, the Department by this fact approves the sale. In the case oi' an as-
sisted owner-occupied unit, the deferred payment loan shall be repaid ac-
cording to law or the loan may be assumed for the remaining term of the
loan by an eligible purchaser, with the approval of the Department; at the
end of the loan term, such loan shall be repaid in full including all accrued
interest. In the case of elderly owner-occupants, deferred payment loans
shall be repaid in full, including all accrued interest, upon sale or transfer
of the property. If the property includes assisted rental units, the purchas-
er may take it subject to the restrictions of the loan agreement between
the local endty and borrower, subject to the approval of the Department.
(b) If an assisted owner-occupied unit is transferred, the deferred pay-
ment loan shall either be repaid or may be assumed for the remaining term
of the loan by a person who meets eligibility requirements of the pro-
gram, with the approval of the Department; at the end of the loan term,
such loan shall be repaid in full, including all accrued interest. In the case
of elderly owner-occupants, deferred payment loans shall be repaid in
full including all accrued interest, upon sale or transfer of the property.
If a property with assisted rental units is transferred, the transferee may
assume the loan. In all cases, the transferee of a property with assisted
rental units shall take the property subject to the restrictions of the loan
agreement between the local entity and the original borrower, subject to
the approval of the Department.
(c) Local entities shall process requests or applications for loan as-
sumptions in accordance with these regulations, using documents pro-
vided by the Department, during the term of the Standard Agreement be-
tween the local entity and the Department. This obligation shall continue
until all loans under this program have been paid in full.
(d) When a loan is repaid by an owner-occupant borrower, the loan
agreement with the borrower shall be terminated and the Deed ol Tnisi
shall be reconveyed.
(e) A reserve fund in the amount of .3 percent of the maximum amount
of total program assets, including the total outstanding loan balance plus
the balance of the Housing Rehabilitation Loan Fund, shall be main-
tained by the Department. The reserve fund balance shall be calculated
annually. The purpose of this fund is to permit the Department to utilize
such funds, when required in the case o\' a defaulted loan to protect the
security interests of the Department. In addition, such funds may be
applied to the Slate's administrative and legal expenses incurred in con-
nection with such defaults. The Loan Committee may change the size of
and establish the terms or use of the reserve fund by a majority vole.
(f) In the event a borrower or successor-in-interesi defaults on any
material provision of the loan agreement or these regulations, the local
entity shall prompUy demand rectification of the default. If substantial
progress is not made in rectification within 30 days from such notice, at
the discretion of the Department the local entity shall declare the note evi-
dencing the loan to be due and payable.
(g) In the event a local entity defaults on any material provision of the
Standard Agreement with the Department or these regulations, the De-
partment may demand rectificadon of the default. If substantial progress
is not made in rectification within 60 days from such notice, the Depart-
ment may seek such remedies as are available to it under the terms of the
Standard Agreement.
NOTE: Authonty cited: Section 50662. Health and Safety Code. Reference: Sec-
tions 50660-50668. Health and Safety Code.
History
1. Amendment filed 10-2-81; effective thirtieth dav thereafter (Register 81, No.
40).
2. Amendment filed 6-.3-85; effective thirtieth day thereafter (Register 85, No.
23).
3. Amendment of subsection (e) filed 3-17-86; effective thirtieth day thereafter
(Registers?, No. 12).
§ 7434. Disposition of Recaptured Funds.
Alt funds repaid to the Department because of termination, transfer,
sale, conveyance, alienation, breach, or default will be deposited in the
Housing Rehabilitation Loan Fund and be available for commitments to
other eligible local entities and for administrative costs.
NoTE: Authonty cited: Section 50662, Health and Safety Code, Reference: Sec-
tions 50661, 50662 and 50663, Health and Safety Code.
History
1, Amendment filed 10-2-81 ; effective thirtieth day thereafter (Register 81, No.
40).
§ 7436. Technical Assistance.
The Department may offer technical assistance to eligible local enti-
ties in the preparation of applications and in the design and implementa-
tion of prograiTi activides, to the extent deemed feasible by the Depart-
ment.
Note, Authority cited: Section 50662, Health and Safety Code, Reference cited;
Sections 50660-50670, Health and Safety Code.
§ 7438. Displacement and Relocation.
(a) Local entities shall ensure provision of affordable temporary hous-
ing to eligible households residing in a rental housing development prior
to rehabilitation if such households are required to move temporarily dur-
ing rehabilitation, in accordance with the requirements of subdivisions
{c)-(f) of Government Code Section 7265.3.
(b) Local entities shall ensure provision of payments to eligible per-
sons and families permanenUy displaced as a result of rehabilitation work
in accordance with the requirements of subdivisions (a)-(b) and (e)-(f)
of Government Code Section 7265.3.
NOTE: Authonty cited: Section 50662, Health and Safety Code. Reference: Sec-
tions 50661. 50662 and 50663, Health and Safety Code.
Page 344
(4-1-90)
Title 25
Department of Housing and Community Development Programs
{? 7456
History
New section lilccl 10-2-81 : cUcclivc thiitielh day thorcartcr (Rciiister 81. No.
40).
Subchapter 5.5. Special User Housing
Rehabilitation Program
§ 7450. Scope and Authority.
These rcgulalions scl forth policies governing ihe implemeniation,
nuincigemenl and use of the Special User Housing Rehahiiitalion Pro-
gram. They establish procedures to provide deferred payment loans from
the Housing Rehahiiitalion Loan Fund Ibr the rehabilitation or acquisi-
tion and rehahiiiialion of rental housing developments for occupancy oi'
eligible households of low or very low income.
Nori.: Authority cited: Section 30662, Health and Safety Code: Reference cited:
.Sections 5()bW^5{)670. Health and Safety Code.
History
1 . New Suhchapter .3. .S (Sections 74.S0-7480. not consecutive) Hied 1 2-26-80; ef-
lectivc thirtieth day thereafter (Register 80. No. 52).
2. Amendment (including Subchapter heading) filed 4-5-94: effective thirtieth
day thereafter (RegisteV 84. No. 14).
§ 7452. Definitions.
"AlTordable rent" shall mean affordable rents for low and very low in-
cotne households as defined in Section 6922.
'"DefeiTed paytnenl loan" means a loan for rehabilitation or acquisition
and rehabilitation of rental housing developinents made from the Hous-
ing Rehabilitation Loan Fund.
"Department" means the Calilornia DepaiTinent of Housing and Coin-
nuinily Development.
"Director" ineans the Director of the California Department of Hous-
ing and Coinmunity Development.
"Elderly" means a single person or a household as defined in Section
.'S()()67 of the Health and Safety Code.
"Eligible household," for purposes of this subchapter means persons
of low or very low income, when pertaining to residential hotels; and el-
derly and handicapped persons of low or very low income, when pertain-
ing to other rental housing developments.
"Fair Rate of Return" means an annual amount of return on investment
no greater than 8 percent of the sponsor's actual investment (excluding
unaccrued liabilities of the sponsor) in the rental housing development.
"Fund" means the Housing Rehabilitation Loan Fund.
"Gross Income" tneans the incoine of a person or family as defined in
Section 6914.
"Handicapped" means a family in which the head of hou.sehold is suf-
fering from an orthopedic disability impairing personal mobility or a
physical disability affecting his or her ability to obtain employment or a
single person with such a physical disability, where the fainily or person
requires special care or facilities in the home. "Handicapped" also in-
cludes a family in which the head of household suffers from a develop-
iTiental disability specitled in Welfare and histitutions Code Section
45 12(a) or a mental disorder which would render him or her eligible to
participate in prograins of rehabilitation or social services conducted by
or on behalf of a public agency, or a single person with such a develop-
mental disability or mental disorder.
"Head of Household" means an individual who actually supports and
maintains in one household one or more individuals who are closely con-
nected with him or by her by blood relationship, relationship by marriage,
or by adoption, and whose right to exercise family control and provide
for the dependent individuals is ba.sed upon some moral or legal obliga-
tion.
"Loan Committee" tneans the Rehabihtation and Housing Assistance
Loan and Grant Coinmittee established pursuant to Section 6902(d).
"Low incotne" means the income limit established by Section 6298.
"Net income" means the income of a person or family as defined in
Section 6916.
"Non-profit corporation" rneans a corporation organized and incorpo-
rated pursuant to Part 2 (cotnmencing with Section 51 10) of Di\ision 2
of Title 1 of the Corporations Code or subject to said Part pursuant to Sec-
tion 5003 of the Corporations Code.
"Regulatory agreement" means that docuinent or documents entered
into between the sponsor and the Department which governs the rights
and obligations of the department, sponsor and existing prospecli\c ten-
ants of the rental housing development, and contains other prt)visions
necessary to carry out the purposes of this program.
"Rehabilitation" means rejiairs and improvements to a substantial res-
idential property or structure necessary to meet applicable building and
housing codes and unit/room composition changes permitted pursuant to
this subchapter. "Rehabilitation" shall also include retrofitting lor acces-
sibility and use by the elderly and handicapped.
"Rent" means the total of monthly payments for occupying a unit in
a rental housing development, as defined in Section 69 IS.
"Rental housing development" means a rental structure or structures
containing five or more rental dwelling units, provided each unit is
equipped with a kitchen and bathroom. It also shall mean: 1 1 ) a structure
or structures where five or more handicapped individuals reside in a
group living arrangeinent: and (2) a residential hotel.
"Residential hotel" means any building containing six or more rooms
intended or designed to be used for, or which are occupied for. sleeping
purposes by tenants, which is also the primary residence of these tenants,
provided that a majority of these rooms are residential hotel units.
"Residential hotel unit" means a room in a residential hotel used or in-
tended or designed to be used as a primary residence, which is subject to
the provisions of Chapter 2 (coinmencing with Section 1940) of Title 5
of Part 4 of Division 3 of the Civil Code, but which lacks either or both
a self-contained kitchen or bathroom.
"Rural area" means an area ineeiing the requirements of Section 50 1 0 1
of the Health and Safety Code.
"Sponsor" means an entity meeting the requirements of Section
50069(c) of the Health and Safety Code.
"Substandard rental housing development" means a structure or struc-
tures used or intended to be used as a rental housing development which
does not meet applicable local or State building or housing standards
adopted pursuant to the State Housing Law. Part 1.5 (commencing with
Section 1 79 10) of Division 1.3 of the Health and Safety Code and specili-
cally Section 17958.8
"Very low income" means the income limit established by Section
6926.
NOTE: Authority cited: Section 50662. Health and Safety Code; Reference cited:
Sections 5052.5, 50064, 50067. 50072, 50079.5. 5009 1 , .50 101. 50669 and 50670.
Health and Safety Code.
Hist Ok Y
1. Amendment filed 4-5-84; elfective thirtieth day thereafter (Reeister 84. No.
14).
2. Amendment filed 6-9-87; operative 7-9-87 (Register 87. No. 25).
§ 7454. Eligible Use of Funds.
The Department shall provide direct deferred payment loans irom the
Fund to ehgible sponsors to be used for the following purpo.ses:
(a) to rehabilitate a substandard rental housing developinenl for occu-
pancy by eligible households without the use of rental assistance subsi-
dies; or
(b) to purchase and rehabilitate a substandard rental housing develop-
ment for occupancy by eligible households without the use of rental as-
sistance subsidies,
NOTti: Authority cited: Section 50662. Health and Safety Code: Reference cited:
Sections 50669-50670, Health and Safety Code.
§ 7456. Authorized Expenses.
(a) Loans from the Fund may be used for costs including, but not lim-
ited to, the following authorized expenses;
(1) All or a portion of the costs of purchasing rental housing develop-
ments;
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S7458
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) All or a porlioii of the costs of rehabilitating and otherwise upgrad-
ing the rental housing development to contorm with applicable building
or housing codes and to improve habitability and maintenance of the
property, except:
(A) Purchase, installation, or repair of furnishings other than essential
appliances;
(B) Materials, fixtures, or equipment of a type or quality which ex-
ceeds that customarily used for properties of the same general type to be
rehabilitated.
(C) Administrative and overhead costs, except as provided in subpara-
graph (a)(13).
(.^) The cost of room additions or enlargements, if the sponsor can doc-
ument the need to eliminate overcrowding or unhealthy conditions.
(4) Costs of improvements related to making a unit accessible to and
useable by the elderly or handicapped.
(:i) The cost of architectural, engineering, and other professional ser-
vices for the development of the project, including but not limited to the
preparation of plans, drawings, and specifications for the rehabilitation
of the property.
(6) The cost of building permits and related fees required for the reha-
bilitation.
(7) The cost of title reports, title insurance, appraisals and fees for re-
cording documents related to the loan.
(8) The cost of repair and installation of energy conservation systems
and wealherization when done in conjunction with other rehabilitation
work.
(9) The cosl of security and fire protection devices.
( 10) Costs relating to displacement and temporary or permanent relo-
cation of existing tenants of the rental housing development.
(11) Costs required by the Department related to review and approval
of the loan.
( 12) The cost of legal fees.
(13) The cost of a non-profit sponsor's overhead and administration
directly related to program implementation may be included in a loan,
provided the sponsor can demonstrate that such costs are necessary for
the non-profit corporation to implement the project. Such costs shall not
exceed 5 percent of the total loan amount, or $20,000. whichever is less.
(b) In buildings with mixed residential and commercial uses, loans
from the Fund may be used for the cost of all items specified in subdivi-
sion (a) associated exclusively with the residential use. They may also be
used for a share of the cost of such items that cannot specifically be allo-
cated to either the residential or commercial uses; this share shall not ex-
ceed an amount in direct proportion to the ratio between the gross floor
area of the residential use and the total gross floor area of the buildings.
No loans from the Fund may be used for costs associated exclusively with
commercial uses or with common elements, such as exterior facades, that
are improved primarily for the benefit of the commercial use.
(c) No loans from the Fund may be used to refinance existing perma-
nent financing.
Note: Authority cited: Section 50662, Health and Safety Code; Reference cited:
Sections 50669--'i0670, Health and Safety Code.
History
1. Amendment filed 4-5-84; effective thirtieth day thereafter (Register 84. No.
14).
2. Amendment of subsection (a)( 1 3) filed 6-9-87; operative 7-9-87 (Reeister 87 ,
No. 25).
§ 7458. Eligibility of Sponsors.
(a) At the time of application for assistance, the sponsor shall provide
evidence to the Department that it has or will have the capability to reha-
bilitate, own and/or manage the rental housing development. In deter-
mining the capabihty of a sponsor, the Department shall consider the ex-
tent to which the sponsor is or will be:
( 1 ) administratively and financially capable, as evidenced by a current
financial statement and previous experience of the sponsor or persons af-
filiated with the sponsor in developing, owning, managing or rehabilitat-
ing private or publicly-assisted housing developments; and
(2) capable of proceeding promptly to implement a program to acquire
and rehabilitate, or rehabilitate and manage a rental housing develop-
ment for eligible households in accordance with this subchapter.
(b) If the sponsor is a local public entity (including a city; county and
county; housing authority; redevelopment agency; community develop-
ment commission; or any other local agency established by, or whose
members are the same as. or appointed by, the legislative body of a city,
county, or city and county), as a condition of eligibility to apply for funds
pursuant to this subchapter, the city , county , or city and county with juris-
diction over the proposed project shall have submitted a housing element
which is in accordance with the requirements of Article 10.6 (commenc-
ing with Section 65.'S80) of Chapter 3 of Division 1 of Title 7 of the Gov-
ernment Code to the Department. However, no application for funds
shall be denied because of the content of the housing element or because
of the findings made by the Department pursuant to Section 63585 of the
Government code.
NOTE; Authority cited: Section 50662, Health and Safety Code; Reference cited:
Sections 50669-50670. Health and Safety Code.
History
1. Amendment filed 4-5-84; effective thirtieth day thereafter (Register 84. No.
14),
§ 7460. Loan Limits, Rates and Terms.
The following loan limits, rates and terms shall apply to all loans inade
pursuant to this subchapter.
(a) Loan Limits:
( 1 ) Sniull Unit Lnrs>e llnil
Residential (less than (J bedrooms
Hotel Unit J bedrooms) or more)
RehubilUaiion SI 5.000 S25.000 $35,000
Aiquisition/Rehahilitation $25,000 $35,000 $45,000
For rehabilitation of a single-family dwelling the loan limit is $45,000
for a project of up to three bedrooms, plus $10,000 for each additional
bedroom beyond three bedrooms. For acquisition/rehabilitation of a
single-family dwelling, the loan limit is $160,000 for a project of up to
three bedrooins. plus $40,000 for each additional bedroom beyond three
bedrooins.
(2) Exceptions to these limits may be approved by the Director if war-
ranted by the presence of extraordinary conditions, such as high prevail-
ing costs of acquiring rental housing developments in certain localities
or the need for extensive structural rehabilitation work required by the
state or local building and safety codes.
(3) The maximum deferred payment loan plus other indebtedness
against the property shall not exceed 90 percent of the sum of the fair mar-
ket value of the rental housing development prior to rehabilitation or ac-
quisition and rehabilitation plus the anticipated cost of the rehabilitation
work to be undertaken, A nonprofit or local public entity sponsor may re-
ceive a 100 percent loan if it demonstrates the need for full financing.
(b) Loan Rates:
( 1 ) Loans shall bear simple interest at the rate of 3 percent per annum
on the original principal balance disbursed, to be paid annually. Howev-
er, the Department may reduce or eliminate interest payments on a loan
for any year, or alternatively defer interest payments until the deferred
payment loan is due, if the Department determines that payment of inter-
est will threaten the provision of affordable rents or the fiscal integrity of
the rental housing development.
(2) Principal and any approved deferred interest payments shall be def-
erred and paid in a single payment at the expiration of the term of the loan
or pursuant to section 7472.
(c) Term: Loans shall have a term of the les.ser of 30 years or the useful
life of the housing development, as determined by an appraisal of the
property accepted by the Department.
NOTE: Authority cited: Section 50662 and 50668.5, Health and Safety Code. Ref-
erence: Section 50670. Health and Safety Code.
History
] . Amendment filed 10-5-89 as an emergency pursuant to Government Code sec-
tion 11 346. 1 ; operative 10-10-89 (Register 89. No, 41). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
Page 346
Register 90, Nos. 20-25; 6-22-90
Title 25
Department of Housing and Community Development Programs
i}7466
will he iv|icalccl bv operation of km on 2 7-90. For prior history, see ReLnsier
W. No. 24. '
2. Amendiiienl refiled 2-5-90 as an emergency pursuant to Health and Salely
Code section 50668.5(g) and Government Code section 1 LM6.1(h); operative
2-7-90 (Register 90. No. 6). A Certificate ol Compliance must be transmitted
to OAL within 120 davs or emergencv language will be repealed by operation
of law on 6-7-90.
,v Ameiuiment ol subseclion (a)tl) filed .^-.5-90 as an emergency; operative
.^^-5-90 (Register 90. No. 12). A Ceilificatc of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 7-.V90.
4. Certificate ol Compliance as to 2-.5-9() and .V5-90 orders including amend-
ment transmitted to OAL .V 1 6-90 and filed 4-1 6-90; operative 5- 1 6-90 ( Reg-
ister 90. No. 20).
§ 7462. Regulatory Agreement.
Before any funds niay he disbarred from the Fund, the Department
shall enter into a Regulatory Agreement with spon.sors. which shall in-
clude, but not be limited to:
(a) standards for tenant selection to ensure occupancy by eligible
households;
(b) a rent schedule established by the Department at levels affordable
to low income households to the extent consistent with the financial in-
tegrity of the rental housing development;
(c) conditions and procedures for permitting rent increases:
(d) limitations on profits allowed for-profit and limited-profit spon-
sors to a fair rate of return. No return shall be allowed non-profit and pub-
lic entity sponsors:
(e) assurances that the sponsor will maintain the rental housing devel-
opment in a safe and sanitary condition in compliance with state and local
housing codes:
(f) conditions and a schedule for reporting to the Department by the
sponsor;
(g) conditions relating to Departmental review and inspections;
(h) a schedule lor project implemetitation. including a timetable for
ownership of the rental housing development, commencement of reha-
bilitation work, and occupancy of the project by eligible households;
(i) conditions relating to completion of rehabilitation work, fund dis-
bursements, and reporting of progress:
(j) provisions relating to the term and amount of the loan, repayment
to the Fund, paytnent of interest, assumptions of the loan, refinancing and
sale of the rental housing development;
(k) terms and conditions with respect to default, late repayment and
collection of loans;
(/) terms and conditions relating to breach of the regulatory agreement
and remedies therefore;
(m) provisions regulating the terms of the occupancy agreement be-
tween the sponsor and tenants of the rental housing development, includ-
ing terms requiring good cause for any eviction, the establishment of a
grievance procedure for hearing complaints of tenants and providing for
notice to tenants of proposed rent increa.ses;
(n) provisions ensuring that the relocation requirements of Section
5()670(g) of the Health and Safety Code will be adhered to;
(o) provisions requiring the approval of the Department for all general
contracts ior approved rehabilitation work; such contracts shall include
provisions which require, pursuant to state or federal law, the use of affir-
mative action in hiring by contractors and subcontractors;
( p) provisions lirniting encumbrances against the rental housing devel-
opment without prior Department approval;
(q) provisions relating to a replacement reserve;
(r) provisions relating to requirements for proper management of the
rental housing development, including approval by the Department for
any managetnent contract or tnaster lease; and
(s) other provisions necessary to assure compliance with the intent of
the program.
NOTL: Authority cited: Section 50662, Health and Safety Code; Reference cited:
.Sections 50669-50670. Health and Safety Code.
History
1 . Amendment of subsections (d) and (r) tiled 4-5-84; effective thirtieth day there-
after (Register 84. No. 14).
2. Amendment of subsection (n) filed 6-9-87; operative 7-9-87 ( Reuister 87. No.
25).
§ 7464. Loan Closing, Security, and Disbursements.
(a) Before the Department may disburse funds to any sponsor, the ap-
proved loan shall be closed by execution of the following ;tgreenienls and
documents, which will have been prepared by the Deparimenl or at its di-
rection:
(Da regulatory agreement;
(2) a promissory note;
{?<) security instruinent(s); and
(4) other agreements and documents required by the Deparimenl.
(b) The sponsor must demonstrate thai sufficient security may be giv-
en to secure both the amount of the loan and the obligations and restric-
tions of the regulatory agreement. A deed of trust in a form approved by
the Department shall be executed in favor of the Department. Upon ex-
ecution by the sponsor and Department, the deed of trust and regulatory
agreement, which shall constitute an enforceable lien on the rental hous-
ing development, shall be recorded in the ofllce of the county recorder
of the county in which the rental housing development to which they re-
late is located.
(c) Loan Disbursements. Program loan funds will be disbursed to. or
on the behalf of, the sponsor as the need for funds arises. Sponsors must
request disbursements of loan funds on forms approved by the Depart-
ment at least 20 days before receipt is required. Disbursement requests
must be supported with evidence of an obligation. The Department may
contract for services related to the disbursement of loan funds to spon-
sors.
(d) The sponsor shall obtain ownership of the rental housing develop-
ment within six months of loan approval. No funds shall be disbursed for
rehabilitation work until the sponsor owns the rental housing develop-
ment.
NOTE: Authority cited: Section 50622. Health and Safety Code; Reference cited:
Sections 50669-50670, Health and Safety Code.
History
L Amendment of subsection (c) filed 4- .5-84; effective thirtieth day thereafter
(Register 84, No. 14).
§ 7466. Tenancy Standards and Procedures.
Procedures for tenant selection, rents, and eviction for tenants of resi-
dential housing developments shall be governed by the regulatory agree-
ment which shall include, but not be limited to, the following terms:
(a) Sponsors shall select only eligible households as tenants.
(b) Sponsors shall give first priority subsequent to rehabilitation to eli-
gible households displaced as a result of rehabilitation assisted by the
Program.
(c) Sponsors shall not unlawfully discriminate or perinit unlawful dis-
crimination in the selection or treatment of tenants, and shall abide by all
local. State, and Federal laws and regulations prohibiting such discrimi-
nation.
(d) The Department shall establish a schedule of affordable rents to
low and very low income tenants of the rental housing developtnent, to
the extent consistent with the financial integrity of such development.
Rents may be periodically increased after sponsors submit a wiitten re-
quest to the Departinent which demonstrates that such increa.ses are nec-
essary to defray operating costs and to avoid jeopardizing the financial
integrity of the housing development. Rents may be increased only upon
Department approval of the request. In the event that the Department
does not act on a request for a rent increa.se within 60 days from docu-
mented receipt of the request, such increase shall be deemed approved.
(e) The sponsor shall use a lease for occupancy on a form approved by
the Department. Included in the lease shall be a requirement that tenants
shall promptly report to sponsors any increase in income. Sponsors shall
annually redetermine tenants' income eligibility on a form approved by
the Department. If a tenant's net incoine exceeds the upper limit for low
income households, the tenant shall be required to vacate the assisted unit
within six months from the date of income redetermination or notice to
the sponsor of an increase in income over the permissible income level.
Page 347
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§7470
BARCLAYS CALIFORNIA CODE OF REGL1LATIONS
Title 25
(f) The sponsor and tenants shall eoinply promptly and fairly with the
responsibilities under law and as set forth in the lease.
NOTE: Authority cited: Section 50662. Health and Satety Code; Relerence cited:
Sections 50669-50670. Health and Safety Code.
HlSTOR>
1. Amendment of subsection (d) filed 4-5-X4; effective thiilieth day thereafter
(Reiiistev84, No. 14).
§ 7470. Departmental Review of Rehabilitation and
Operations.
(a) The Department shall issue administrative standards governing in-
speetion, preparation of rehabilitation speeit'ieations, bidding, awards to
eontraetors. disbursement of funds to eontractors or others, and tnonitor-
ing procedures during the process of rehabilitation.
(b) At any titne during the acquisition, rehabilitation, and the terrn of
the loan, the Department may initiate a review or a financial or physical
audit of any and all phases of the sponsor's activities under the Program.
The sponsor shall protnptly provide any requested docutnentation related
to such activities.
(c) The sponsor shall submit a certified report annually to the Depart-
ment in a form approved by the Department. The report shall contain such
information as the Departrnent may require, including but not limited to:
( 1 ) Certification by the sponsor as to the financial condition of the rent-
al housing development, as evidenced by a financial statement including
a balance sheet and profit and loss statement indicating surplus or deficits
in operating accounts and the amounts of any fiscal reserves;
(2) Certification of any substantial physical defects in the rental hous-
ing developtnent, including a description of any notice or citation for vio-
lations of local housing codes or any major repair or maintenance work
undertaken or needed in the reporting year;
(3) the occupancy of the rental housing development itidicating:
(A) for rental housing developments other than residential hotels, the
number of elderly, handicapped or elderly and handicapped households
currently residing in the rental housing development;
(B) the incomes of current residents;
(C) current rents charged residents and what utilities, if any, are in-
cluded in the rents.
(4) general management performance, including occupancy rates,
management problems, tenant relations, and other relevant information;
(5) other information deemed necessary by the Department to monitor
compliance with the regulatory agreement.
(d) At the Department's request, the sponsor shall provide, at its own
expense, an audit of the financial condition of the rental housing develop-
ment certified by a Certified Public Accountant or other person desig-
nated by the Department.
(e) Any person may request the Department to review any phase of im-
plementation oroperafion ot the sponsor's program. Grievances may re-
late to, but not be limited to, eligibility, terms of tenancy, or authorized
expenditures. Review undertaken by the Department under this secdon
may be informal or, at the Department's discretion, may follow the pro-
cedures outlined in Government Code, Sections 1 180 et seq. Failure to
petition the Department shall not limit a complainant's right to seek judi-
cial review, nor shall such review replace a complainant's right to seek
de novo judicial review.
NOTE: Authority cited: Section 50662, Health and Safety Code: Reference cited:
Sections 50669-50670, Health and Safely Code.
History
1 . Amendment of subsections (b) and (c)(2)-(c)(5) filed 4-5-84: effective thirtieth
day thereafter (Register 84, No. 14).
§ 7472. Defaults, Transfers and Loan Cancellation.
(a) In the event a sponsor should default on any of its debts to a lender
or creditor whose loan is secured in any manner by the subject property,
and the lender or secured creditor should proceed to force a sale of the
subject property after a foreclosure procedure, or in the event a judgment
has been taken against the property owner and the judgment creditor
shotild proceed to force a sale of the subject property in satisfaction of its
claim, the Departtnent by this fact approves the sale.
(b) No sponsor shall sell, encumber or convey the rental housing de-
veloptnent without express, prior written approval of the sale by the De-
parttnent. Approval of a sale or conveyance shall be given, provided:
( 1 ) the successor-in-interest to the grantor agrees to assutiie the def-
erred payment loan and all obligations of the existing sponsor pursuant
to the regulatory agreement and this program; and
(2) the successor in interest is an eligible sponsor and detnonstrates
to the Department's satisfaction that it can successfully own and operate
the rental housing development.
(c) In addition, the Department may perinit a sale and termination of
the regulatory agreement and all other obligations pursuant to this sub-
chapter only if:
( 1 ) all sums owed to the Departtnent by the sponsor are paid; and
(2) Such an action is necessary to protect the interests and security of
the state.
(d) In the event a sponsor or successor-in-interest defaults on any ma-
terial provision of the deed of trust or regulatory agreetnent, the Depart-
tnent shall provide the sponsor with a written notice of breach or default
and seek and encourage correction or compliance. If substantial progress
is not made in rectification within 30 days of such nodce, the Departtnent
may. at its discretion, declare the note evidencing the loan to be due and
payable. In addition, the Department may seek any other remedy avail-
able in law or equity.
(e) In the event of foreclosure, default, or forced sale, the purchaser
shall take tide subject to the conditions of the regulatory agreetnent for
the remaining duration of the original loan term.
f f) Unexpended loans to sponsors may be cancelled by the Departtnent
if the objecfives of the loan cannot be met, implementation cannot pro-
ceed according to the sponsor's plans and schedule, special condiuons
have not been fulfilled within required periods, control/ownership of the
rental housing development has not been obtained within six months, or
rehabilitauon has not commenced within twelve months of the date of
loan approval. Upon receipt of a notice of intenfion to cancel the loan
from the Department, the sponsor shall have a right to a hearing before
the Loan Committee within thirty days; the Committee shall make a rec-
ommendation to the Director, who shall issue a written decision within
ten working days of the hearing.
NOTE; Authority cited: Section 50662, Health and Safety Code; Reference cited:
Sections 50669-50670, Health and Safety Code.
History
1. Amendment of subsections (b) and (d) filed 4-5-84; effective thirtieth day
thereafter (Resisier 84, No. 14).
§ 7474. Application Process.
(a) Applications for Special User Housing Rehabilitation Program
deferred loan funds shall be made on forms supplied by the Department
and in accordance with request for proposal guidelines and instructions
to be issued by the Department. Information required shall include, but
not be limited to, the following:
( 1 ) evidence of sponsor eligibility of the applicant pursuant to the pro-
visions of Section 7458;
(2) a detailed plan of the proposed project, including:
(A) the amount of loan funds requested;
(B) a description of the nature and costs of rehabilitafion or acquisition
and rehabilitation to be undertaken;
(C) a plan for ownership, management, and occupancy of the develop-
ment;
(D) a financial analysis of the project, indicaung anticipated expenses
and revenues:
(E) a description of the existing liens and loans on or secured by the
property;
(F) an analysis of exisfing and projected rent levels, including a deter-
mination as to whether projected rents will be affordable to very low in-
come households;
Page 348
Register 90, Nos. 20-25; 6-22-90
Title 25
Department of Housing and Community Development Programs
5} 75(M)
(G) nil iiidicalion of any temporary or pcrmaiKMK displaccmcnl and re-
localion of current residents which may be necessary, and costs of such
acliviiies; and
(H) a schedule lor implementation.
(h) Alter receipt ofan application, the Department shall provide notice
lo the local governing body ol'the community in which the assisted rental
housing development will be located to provide an opportunity for com-
ment by that community.
(c) Applications for loans will be reviewed by the staff ol'the Depart-
ment [o determine project eligibility and economic feasibility. The De-
parlmcni may require that an independent appraisal, ai the sponsor's ex-
pense, be made of the value and cost of rehabilitation of the property and
shall inspect the proposed rental housing development to ensure the eco-
nomic feasibility of rehabilitating the property.
(d) Applications which involve acquisition of a rental housing devel-
opment shall include a copy ofan agreement or option between the spon-
sor and seller of the rental housing development which specifies all terms
of the prospective sales transaction.
(e) On the basis oiits review of the applications. Department staff will
prepare recommendations, and submit such recommendations lo the
Loan Committee for its review and recommendation within 90 days after
the application is deemed complete.
NOTt:: Authority cited: Section .S()662. Health and Safetv Code; Reference cited:
Sections 50669-50670. Health and Safety Code.
History
I. Amendineni of subsection (a) filed 4-5-84: effective thiiiieth day thereafter
(Reeisicr84. No. 14).
§ 7476. Loan Committee Review and Action.
(a) The Loan Committee shall review all applications for Special User
Housing Rehabilitation Program deferred loans, except emergency
loans, and all other significant matters affecting rental housing develop-
ments assisted by the Program including, but not liinited to, reductions
or elimination of annual interest payments. It shall adopt operating poli-
cies and procedures for the Program, and shall perform other functions
and duties as may be required by the Director or by law.
(b) The Loan Committee shall be constituted and shall operate as set
forth in Subchapter I (commencing with Section 69(X)) of Chapter 6.5 of
Part 1 of Title 25, California Administrative Code.
(c) In taking action on applications or other matters, the Loan Commit-
tee shall consider the application or request, any written or oral testimony
of an applicant or other interested person, priorities or loan distribution
policies pursuant to Section 7478, recommendations of Program staff,
and any other relevant information.
(d) Approval, approval with conditions, or denial of any action by the
Loan Committee shall constitute a recommendation to the Director, who
shall consider the Committee's recommendation in approving or deny-
ing a loan or any other matter.
(e) The Director shall, within 1 5 days after the dale on which the loan
committee considers any request for action, inform the applicant in writ-
ing of its decision, stating:
( 1 ) that it has approved, approved with conditions, denied, or contin-
ued consideration of the request or application;
(2) the basis for denial or postponement of consideration; and
(3) that the applicant has a right of appeal as specified in Section 7580.
(0 The Director shall specify in any decision regarding approval ofan
application:
( 1 ) the amount and terms of the deferred payment loan to be provided
lo the applicant or the terms of any other decision; and
(2) conditions attached to the approval of the loan or other request.
NOTt:; Aulhoritv cited: Section 50662. Health and Safety Code; Reference cited:
Sections 50669-50670, Health and Safety Code.
History
I . Amendment of sub.seclions (a), (e) and (f) filed 4-5-84; effective thirtieth day
thereafter (Register 84, No. 14).
§ 7478, Funding Priorities and Loan Distribution Policies.
(a) Priorities for allocation of Special User Housing Rehabililalion
Program funds shall be given to applications which:
( 1 ) address a major unmet local housing need, as evidenced by indica-
tors such as low vacancy rates and high market rents in comparable un-
subsidized developments and long wailing lists for comparable subsi-
dized developments, and as evidenced by specific provisions in a local
public entity's adopted Housing Element, Housing Assistance Plan or
Redevelopment Plan which identifies needs and implementation strate-
gies directly related to the type of project for which the application was
submitted;
(2) prevent or minimize permanent displacement of existing residents;
(?i) show evidence of local support in the form of financial assistance
or assistance in the rehabilitation process;
(4) demonstrate superior ability lo manage the development al'ier reha-
bilitation, as evidenced by relevant factors such as experience managing
comparable developments, qualifications of the management team, and
the quality of the sponsor's plans for management:
(5) involve projects located on sites appropriate to the needs of pro-
spective residents;
(6) maximize long-term benefit for very low income households;
(7) demonstrate superior ability to acquire and rehabilitate the project,
as demonstrated by relevant factors such as previous development expe-
rience, general qualifications of the development team, and llnancial sta-
bility;
(8) correct major health and safety code violations rather than make
only general property improvements;
(9) use Program funds in a cost -effective manner, as measured by such
relevant indicators of cost-effectiveness as the per-unit allocation of
Program funds and the ratio of Program funds to other funds used on the
project;
( 1 0) provide for after-rehabilitation rents below the local market a\ er-
age; and
(11) meet other priorities that may be established administratively by
the Department.
(b) At least twenty percent of the total value of loans provided from
the Fund to the Special User Housing Rehabilitation Program shall be lor
rental housing developments located in rural areas.
(c) At least twenty-five percent of the total value of loans prt)vided
from the Fund to the Program for rental housing developments other than
residential hotels shall benefit handicapped households.
NOTE: Authority cited: Section 50662. Health and Safety Code; Reference ciieci:
Sections 50669-50670, Health and Safety Code.
History
1. Amendment filed 4-5-84; effective thirtieth day thereafter (Register 84. No.
14).
2. Editorial correction of subsections i:a)(4). (a)(7) and (a)(9) filed 4-23-84; desig-
nated effective 5-5-84 (Register 84. No. 17).
§ 7480. Appeals Procedure.
Appeals shall be governed by the procedures set forth in Section 6906.
Subchapter 1, Chapter 6.5, Part I. Title 25. California Administrative
Code.
NOTE: Authority cited: Section 50662. Health and Safety Code; Relerence cited:
Sections 50669-50670. Health and Safety Code.
Subchapter 6. Housing Advisory Service
Article 1. Purpose, Authority and Policy
§ 7500. Purpose.
NOTE: Authority cited: Section 50697(d). Health and Safety Code. Reference:
Sections 50690-50699, Health and Safety Code.
History
1. New Subchapter 6 (Sections 7500-7526. not consecutive) filed 2-9-79 a^ an
emergency; effective upon filing (Register 79. No. 6).
Page 349
Register 96, No. 12; 3-22-%
§ 7502
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Certificate of Compliance filed 6-13-79 (Register 79. No. 24). Tiansniitted to
OAH 6-8-79.
3. Change without regulatory effect repealing subchapter 6 (seelion.s 7500-7526.
article 1 (sections 7500-7504). and section, filed .^18-96 pursuant to section
100. title 1. California Code of Regulations (Register 96. No. 12).
§ 7502. Authority.
NoTt: Authority cited: Section 50697(d). Health and Safety Code. Reference;
Sections 50690-50699. Health and Safety Code.
History
1. Repealer tiled 4-2 1-82: effective thirtieth day thereafter (Register 82. No. 17)
§ 7504. Policy.
NOTH: Authority cited: Section 50697(d). Health and Safety Code. Reference:
Sections 50691. '50693 and 50697. Health and Safety Code. '
History
1 . Aniendmeni of Noi i: filed 4-2 1-82; effective rhirlielh day ihereafrer (Reeisler
82. No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
section 100. title 1, California Code of Regulations (Re2ister96. No. 12).
Article 2. Definitions
§ 7506. Definitions.
Note: Authority cited: Section 50697(d), Health and Safety Code. Reference:
Section 50692, Health and Safety Code.
History
1 . Amendment of subsections (f) and (h); effective thirtieth day thereafter (Regis-
ter 79, No. 24).
2. Amendment of subsection (c) filed 6-19-80; effective thirtieth day thereafter
iRegister80, No. 25).
3. Amendment filed 4-21-82; effective thirtieth day thereafter (Register 82. No.
17).
4. Order of Repeal of last four definitions filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 1 1349.7; effective thirtieth day thereafter (Register 85.
No. 26).
5. Change without regulatory effect repealing article 2 (.section 7506) and section,
filed 3-18-96 pursuant to section 100, title 1, California Code of Regulations
(Register 96, No. 12).
Article 3. Awarding of Grants
§ 7508. Awarding of Grants.
NOTE: Authority cited; Section 50697(d), Health and Safety Code. Reference;
Sections 50694 and 50697. Health and Safety Code.
History
1 . Amendment of Noti; filed 4-21-82; effective thirtieth day thereafter (Register
82. No. 17).
2. Change without regulatory effect repealing article 3 (sections 7508-7526) and
section, filed 3- 1 8-96 pursuant to section 1 00, title 1 , California Code of Regu-
lations (Register 96, No. 12).
§7510. Eligible Sponsors.
NOTE: Authority cited: Section 50697(d), Health and Safety Code. Reference:
Sections 50691-50694, Health and Safety Code.
History
1 . Amendment of Note filed 4-21-82; effective thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing section, tiled 3-18-96 pursuant to
section 100, title 1. California Code of Regulations (Register 96, No. 12).
§ 7512. Priorities in Awarding Grants.
NOTE: Authority cited; Section 50697(d), Health and Safety Code. Reference:
Section 50696, Health and Safety Code.
History
/ . Amendment of Note filed 4-2 1-82; effective thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96. No. 12).
§7514. Amount of Grants.
NoTE: Authority cited; Section 50697(d), Health and Safety Code. Reference:
Sections 50694 and 50696, Health and Safety Code.
History
1 . Amendment of Note filed 4-2 1-82; effective thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
sectioli too. title fCalifoniia Code of Regulations (Register 96, No. 12).
§7516. Funding Period.
NOTE: Authority cited; Section 50697(d), Health and Safely Code. Reference:
Sections 50694 and 50696. Health and Safety Code.
History
1 . Amendment of NOTi filed 4-2 1-82; effective thirtieth day thereafter (Register
82. No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
section 100. title 1, California Code of Regulations (Register 96. No. 12).
§ 7518. Restrictions on Use of Grants.
NOTE: Authority cited: Section .50697(d). Health and Safety Code. Reference:
Section 50694. Health and Safety Code.
History
1 . Amendment of Note filed 4-21-82; effective thirtieth day thereafter (Register
82. No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
section 100. title 1, California Code of Regulations (Register 96, No. 12).
§ 7520. Submission of Grant Proposals.
NOTE: Authority cited: Secfion 50697(d). Health and Safety Code. Reference:
Section 50694. Health and Safety Code.
History
1 . Amendment of Note filed 4-21-82; effecfive thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 7522. Request for Proposal Information.
NOTE: Authority cited: Secfion 50697(d), Health and Safety Code. Reference:
Secfion 50695, Health and Safety Code.
History
1 . Amendment of Note filed 4-21-82; effective thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing section, filed 3-18-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 12).
§ 7524. Administration of Grants and Reporting
Requirements.
NOTE: Authority cited: Section 50697(d). Health and Safety Code. Reference:
Sections 50694 and 50695, Health and Safety Code.
History
1 . Amendment of Note filed 4-21-82; effective thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing section, filed 3-1 8-96 pursuant to
secfion 100. title 1 , California Code of Regulafions (Register 96, No. 12).
§ 7526. Evaluation of Grantees.
NOTE: Authority cited: Secfion 50697(d), Health and Safety Code. Reference:
Section 50695, Health and Safety Code.
History
1 . Amendment of Note filed 4-21-82; effective thirtieth day thereafter (Register
82, No. 17).
2. Change without regulatory effect repealing secfion, filed 3-18-96 pursuant to
secfion 100, fitle 1. California Code of Regulafions (Register 96, No. 12).
Subchapter 6.5. California Self-Help
Housing Program
Article 1 . General
§ 7530. Purpose and Scope.
This subchapter implements and interprets the Califotnia Self-Help
Housing Program. Chapter 7.5 (commencing with Section 50690) of the
Health and Safety Code. It establishes procedures for the award and dis-
bursement of loans and grants and establishes policies and procedures for
use of these funds to assist self-help construction of housing by low- and
moderate-income households.
Page 350
Register 96, No. 12; 3-22-96
Title 25
Department of Housing and Community Development Programs
?? 7542
Noil.; Aulhoiitv cilccl: Scclion 5()697(d). Health and Salctv Code. Releiencc:
Seclion.s 506y()-506yS. Health and Safety Cotle.
History
I . New Suhehapter 6.5 ( Artieles 1-6. Seetions 7.5.^0-7.584. not conseeutive) (lied
4-I6-S6: etleetive upon fiiinii pursuant to Goveiniiient Code Seetion
1 1. "^46. 2ul) (Register X6, No. 16)?
§ 7532. Definitions.
In uddilion lo the definitions contained in Chapter 2 (commencing
with Section 300.50) and Section 50692 of the Health and Safety Code,
the following definitions apply to this subchapter:
■"Applicant" means any eligible sponsor applying for funds pursuant
to thi.s subchapter.
"Assisted tiniis" means residential units which have been constructed
or rehabilitated with technical assistance or funds provided in whole or
in part from the Fund and which are, or will be. occupied by eligible
households.
"Cooperative" means a limited equity housing cooperative as defined
in Health and Safety Code Section 33007.5.
"Department" ineans the California Department of Housing and Com-
munity Development.
"Deferred Payment Loan" means a loan made by the Department to
an eligible household, rental sponsor or cooperative from the Fund pur-
suant to Article .5 of this subchapter.
"Diieclor" means the Director of the Department of Housing and
Community Development, or his or her delegate.
"Eligible Household" means: (a) for purposes of technical assistance,
a low- or moderate-income household participating in a self-help hous-
ing program conducted by an eligible sponsor: and (b) for purposes of
mortgage assistance, eligible household means a low-income household
participating in a .self-help housing program conducted by an eligible
sponsor. An eligible household must own. or have the opportunity to
own, a residential unit, must be accepted as a member of a limited equity
housing cooperative, or a renter, pursuant to Section 7576.
"Eligible Sponsors" means local public entities or nonprofit corpora-
tions including cooperatives that are engaged in, or will be engaged in de-
veloping, conducting, administering or coordinating programs of assis-
tance which will aid eligible households construct or rehabilitate
residential units for their own use.
"Fund" means the Self-Help Housing Fund established by Section
50697.1 of the Health and Safety Code.
"Grantee" means an eligible sponsor that has received a grant or loan
from the fund.
"Gross Monthly Income" means gross monthly income as defined in
Section 6914, of this Part.
"Low-income households" means the same as lower-income house-
holds.
"Lower-income households" means persons and families who meet
the requirements of Section 6928 of this Part.
"Moderate-income households" means persons and families who
meet the requirements of Section 6930 of this Part.
"Monthly housing costs" means housing costs as set forth in Section
6920 of this Part.
"Project" means a housing development as defined by Section 50073
of the Health and Safety Code. In addition, "project" includes the provi-
sion of technical assistance to eligible households.
"Property" means the real property on which the self-help construc-
tion has or will be undertaken and includes the improvements thereon.
"Rehabilitation" means rehabilitation as defined in Section 7402 of
this Part and specifically excludes items listed in Section 7414(c) 1
through 9 of this Part.
"Rental Housing Development" means a rental housing development
as defined in Section 7802 of this Part.
"Rental Sponsor" means an eligible sponsor who is, or will be, the
owner ol' a rental housing development.
"Self-help construction" means owner building or self-help rehabili-
tation as defined in Section 50692 of the Health and Safety Code and may
include mutual self-help housing as defined in Section 50087 o\' the
Health and Safety Code.
"Sweat-equity" means the cost savings to an assisted unit attributable
to self-help construction. This amount shall be calculated by subtracting
the equity prior to the commencement of work on the assisted unit from
the equity at the completion of the assisted unit. For the purposes ol this
definition, equity means the difference between the fair markei \ akie of
the properly and the total of all outstanding debts secured by the [property
plus all payments provided by the owner.
NOTH: Authority cited: Section 5()697(d). Health and Safety Code Refeieiiee:
Chapter 2 (eommeneing with Section 50050) and Seetion 50692. Health aiul Sate-
ty Code.
History
1. Repealer of dellnition of "Committee" tiled I 1-1-2004: operati\e 12 I 2004
(Reiiister2004, No. 45).
Article 2. Application Process
§ 7540. Application Process.
(a) Applications for assistance may be inade only in response to a No-
tice of Funding Availability (NOFA). The Department shall issue the
NOFA for technical and inortgage assistance, specil'ying the amount t)f
funds available, the dates that applications will be accepted, and the gen-
eral terms and conditions of funding commitments. The Department
shall also make information available in each NOFA describing the
iTiethod used in evaluating applications in response to the NOFA.
(b) An eligible applicant seeking funding shall submit an application
for each project containing the following information and material:
( 1) For nonprofit applicants, a copy of the adopted by-laws, and ar-
ticles of incorporation of the applicant and any ainendtnents thereH): evi-
dence, of tax-exempt status; and a current list of tnembers of the govern-
ing board, principle officers and employees responsible for
iinplementing the project;
(2) A detailed description of the project;
(3) A detailed plan and schedule for the project;
(4) A description of the type and amount of self-help constructii)n ti)
be utilized in the project;
(5) A detailed financial plan for the project which identifies the antici-
pated sources of all financing and proposed specific uses for program
funds;
(6) The work experience of the parties implementing the project;
(7) Any commitments for financing and other assistance to the project:
(8) A certified resolution from the applicants" governing boards autho-
rizing the submittal of an application and the execution of the documents
and agreements required under the regulations;
(9) A list of funding sources for previous projects;
(JO) Any other information required by the Department to determine
the eligibility or evaluate the feasibility of the project.
(c) Department staff shall review applications and submit recommen-
dations for disposition based on the criteria of Section 7542 and submit
them to the Director for the Director's consideration and decision.
(d) Awards to any one sponsor shall not exceed 20 percent of monies
available in each NOFA.
(e) A minimum of 20 percent of the Fund shall be set aside for mral
areas unless 1 2 inonths after issuance of the first NOFA. the lack of eligi-
ble applications for technical assistance grants and mortgage assistance
would result in unused funds.
NOTE: Authority cited: Section 50697(d). Health and Safety Code. Relerenee:
Section 50696, Health and Safety Code.
History
1 . Amendment of subsection (e), repealer of sub.seetion (d) and subsection relelter-
ing filed 1 1-1-2004; operative 12-1-2004 (Register 2004. No. 45)
§ 7542. Evaluation Criteria.
(a) Applications for funds that serve the largest proportion of low-in-
come households shall receive priority.
(b) In evaluating technical assistance applications, the Department
shall include, but not be limited to, the foUowins factors in its evaluation:
Page 351
liegister 2(X)4, No. 45; 1 1-5-2004
§7544
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1 ) The extent to which the applicant uses available federal, slate and
local programs and resources in the project;
(2) The applicant's organizational capacity to carry out the projecf,
(3) The project's feasibility;
(4) The project's cost effectiveness in terms of per unit self-help hous-
ing fund costs; and
(5) The extent to which project participants use self-help labor.
(c) In evaluating mortgage assistance applications, the Department
will consider the following factors in addition to the factors listed under
(b).
( 1 ) The extent to which the estimated cost of the units to be constructed
or rehabilitated is consistent with the lowest possible cost of residential
units in the same area meeting minimum health and safety code standards
and local building and land use requirements;
(2) The extent to which adequate financing for the project is assured:
(3) The extent to which the grantee provides information on the esti-
mated income levels of the households that are to receive mortgage assis-
tance; and
(4) The likelihood that the applicant will complete the project within
two years of executing an agreement with the Department, pursuant to
Section 7562(d) of this Subchapter.
(d) The Department may establish more specific rating and ranking
criteria in each Notice of Funding Availability, based on the criteria in
(b) and (c) of this section.
NOTH: Authority cited: Section 50697(d), Health and Safety Code. Reference:
Section 50696, Health and Safety Code.
§ 7544. Conditional Commitment.
Upon approval by the Director, the recommendation of the Depart-
ment staff shall constitute a conditional commitment of funds to the
applicant subject to the terms of the NOFA, the contents of the applica-
tion, and such conditions as may be included as part of the Director's ap-
proval. The Department and the applicant shall thereafter enter into the
Technical Assistance Standard Agreement or the Mortgage Assistance
Standard Agreement as appropriate, subject to the applicable provisions
of this subchapter.
NOTE: Authority cited: Section 50697(d), Health and Safety Code. Reference:
Section 50696. Health and Safety Code.
History
1. Amendment fded 1 1-1-2004; operative 12-1-2004 (Register 2004, No. 45).
Article 3. Technical Assistance Grants
§ 7550. Technical Assistance Grants.
(a) The Department may make grants for technical assistance to eligi-
ble sponsors. Technical assistance funds may be used for the following
purposes:
( 1 ) Assistance, training, and supervision on self-help constniclion ac-
tivities and techniques;
(2) Assistance in project development which includes, but is not lim-
ited to, the preparation of plans for self-help housing, preparation of con-
tracts for professional services, application for project funding, packag-
ing households' applications for assistance, preparation of subdivision
maps, review of engineering plans and specifications for construction
and rehabilitation projects, and compliance with appropriate require-
ments of funding agencies and local government;
(3) Administrative costs of providing technical assistance for the ac-
tivity funded by the Department including, but not limited to, wages, sa-
laries and fringe benefits of clerical and management personnel and pay-
ment for rent, utilities, communications, printing and travel expenses.
(b) Technical assistance grants shall not be used for purchase of land,
materials, tools and construction equipment, or for any costs of constmc-
tion.
NOTh: Authority cited: Section 50697(d), Health and Safety Code. Reference:
Section 50696, Health and Safety Code.
§ 7552. Amount and Term of Grants.
(a) The Department shall ensure that not less than 15 percent or more
than 25 percent of a NOFA is used for technical assistance grants. How-
ever, the Department may adopt different allocation percentages if, 12
months after issuance of a NOFA, the lack o\' eligible applications for
technical assistance grants would result in unused funds.
(b) The Department shall not award a technical assistance gram ex-
ceeding $300,000 for any one project.
(c) The grantee shall complete the project within two years from the
effective date of the Technical Assistance Standard Agreement or such
lesser term as may be set forth on the application's approval. Extension
of the grant term may be made at the discretion of the Director in the event
of delays in project implemenialion beyond the reasonable control of the
grantee.
NOTE: Authority cited: Section 50697(d), Health and Safety Code. Reference:
Section 50696. Health and Safety Code.
History
1. Amendment of subsections (b) and (c) filed 3-22-2004; operative .V22-2004
pursuant to Government Code section 11.M3.4 (Register 2004, No. 13).
§ 7554. Technical Assistance Standard Agreement (TASA).
(a) A grantee under this Article shall execute a Technical Assistance
Standard Agreement (TASA) with the Department.
(b) The TASA shall contain the following terms and conditions:
(1) The minimum number of new and/or rehabilitated units of self-
help housing to be occupied by eligible households which will be devel-
oped as a direct result of the technical assistance grant.
(2) A budget setting forth the kinds and amounts of allowable expendi-
tures to be made with the grant funds.
(3) The manner, timing and conditions for disbursement of funds to
grantees.
(4) A timetable for completion of each stage of the project and for final
project completion.
(3) Terms necessary to ensure compliance with these Regulations, and
any special conditions imposed by the grant approval.
(6) The remedies of the Department in the event of a breach or viola-
tion by the grantee of the terms and conditions of the TASA.
(7) A requirement that the grantee submit to the Department a per-
formance report for each stage of the project. Each report shall describe
the progress of the project and shall include the estimated time to comple-
tion and a detailed itemized breakdown of grant and other expenditures.
The Department shall have the right, without charges or royalty, to pub-
Ush and distribute all reports, data, memoranda, bulletins or manuals de-
veloped or written by the grantee or its officers, employees, or agents in
its impleinentation of the project.
(8) A provision that all books, records, documents and files of the
grantee which are maintained for the project shall be available upon no-
tice for inspection by the Department and its representatives.
NOTE: Authority cited: Section 50697(d). Health and Safety Code. Reference:
Section 50696, Health and Safety Code.
§ 7556. Disbursement of Funds.
Following grant approval and execution of a TASA. compliance with
all applicable conditions therein, and upon submittal of the grantee's re-
quest for funds to commence the project, the Department may disburse
an advance payment to the grantee. In order to receive an advance pay-
ment, the grantee must certify that it does not have available funds to ini-
tiate the project. The advance payment shall not exceed a three-month
share of the amount budgeted for the total grant. Subsequent disburse-
ments shall be made only to reimburse the grantee for actual and eligible
costs incurred pursuant to the Technical Assistance Standard Agreement.
NOTE: Authority cited: Section 50698(d), Health and Safety Code. Reference:
Section 50696, Health and Safety Code.
•
Page 352
Register 2004, No. 45; 11-5-2004
Title 25
Department of Housing and Community Development Programs
^ 7570
Article 4. Mortgage Assistance: General
Provisions
5j 7560. Eligible Uses of Funds.
(a) The Depanmcnt may commii rundsio eligible sponsors lor the pro-
vision ofmorlgage assistance to eligible households engaged in self-help
constiiietion by either of the following two methods:
( 1 ) As deferred payment loans directly eligible households pursuant
to Section 7572, or lo cooperatives, pursuant to Section 7376.
(2) In the form of payment(s), or on behalf of, eligible households in
order lo reduce the mortgage interest costs of the households, pursuant
to Section 7578.
(b) Belbre providing mortgage assistance under (a), eligible sponsors
may u.se the funds for certain development costs pursuant to Article 6.
Nori:: Aiithoritv cited: Scclion 50697(d), Health and Safety Code. Reicrence:
Section 506%. Health and Safety Code.
§ 7562. Amount and Terms of Mortgage Assistance.
(a) The Department shall ensure that not less than 75 percent or more
than 85 percent of the Fund is used for mortgage assistance to eligible
hou.seholds. However, the Department may adopt different allocation
percentages if, 12 months after issuance of a NOFA, the lack of eligible
applications for either technical assistance or mortgage assistance would
result in unused funds.
(b) The maximum amount for iriortgage assistance for any one project
shall not exceed the lesser of $300,000 or the projected mortgage assis-
tance frotTi the Fund necessary to ensure that eligible households partici-
pating in a project pay no more than 30% of their gross monthly income
for monthly housing costs.
(c) Mortgage assistance for any one eligible household shall not ex-
ceed $15,000.
(d) The grantee shall provide tnortgage assistance directly to or on be-
half of eligible households in the form of deferred payment loans or inter-
est subsidies within two years from the effective date of the Mortgage As-
sisiatice Standard Agreement.
(e) The Director may increase the limit on mortgage assistance for an
eligible hou,sehold and extend the two-year lertn if the Department deter-
mines that such increase or extension is necessary to avoid special hard-
ship for the eligible household or to ensure the economic feasibility of the
project.
NOTt:; Authority cited: Section 50697(d). Health and Safety Code. Reference:
Section .S0696, Health and Safety Code.
H I.STORY
1 . Amendment of subsection (e) filed 1 1-1-20(34; operative 1 2-1-2004 (Register
2004. No. 45).
§ 7564. Mortgage Assistance Standard Agreement.
(a) A grantee under this Article shall execute a Mortgage Assistance
Standard Agreement (MASA) with the Department.
(b) The MASA shall contain the following terms and conditions:
( 1 ) Where funds committed under the MASA are to be used for devel-
opment assistance pursuant to Article 6 prior to allocation as mortgage
assistance to eligible households, the MASA shall contain the terms and
conditions set forth in Section 7584.
(2) The grantee shall indicate the estimated income levels of the house-
holds that will receive mortgage assistance and such information shall be
consistent with the information provided in the approved application,
pursuant to Section 7542(c)(3).
(3) Prior to fund disbursement to eligible households, the grantee shall
identify each eligible household which will occupy an assisted unit and
the amount of mortgage assistance funds for each household.
(4) On or before the sale or conveyance of a newly constRicted assisted
unit to an eligible household, or on or before the Department's disburse-
ment of funds for an assisted unit to be rehabilitated, the grantee shall en-
sure that (he eligible household which will own and/or occupy the as-
sisted unit executes the Deferred Paytnent Loan agreement and related
docuiuents pursuant to Article 5.
(5) Conditions for the disbursement o{' mortgage assistance funds lo,
or on behalf of, eligible households, including the allocation io eligible
households of funds which have been used lor development assistance
shall be specified in the MASA.
(6) For the duration of the MASA, the grantee shall not sell or con\ey
the project, or any portion thereof or interest therein, except as specifical-
ly provided in the Agreement.
(7) In the event of a breach of any of its conditions or covenants by the
grantee or its successors in interest, the Department shall have the option
to enforce the Agreement by any proceeding at law or in equity. The De-
partment may, at its option, require the grantee or its successor in interest
to repay immediately to the State the total amount of the loan then due
with simple interest at \0^7( per annum.
(8) A requirement that the grantee submit a performance report lo the
Department for each stage of the project. Each report shall describe the
progress of the project, and shall include the estimated titiie to comple-
tion and a detailed itemized breakdown of grant and olher expendiliues.
The Department shall have the right, without charges or royalty, to pub-
lish and distribute all reports, data, memoranda, bulletins or manuals de-
veloped or written by the grantee or its offices, employees or agents in
its implementation of the project.
(9) A provision that all books, records, documents and files of the
grantee which are maintained for the project shall be available upon no-
tice for inspection by the Department and its representatives.
NOTE: Authority cited: Section .50697(d). Health and Saletv Code. RetcrciKe:
Section.s 50696 and 50697.5, Health and Safety Code.
Article 5. Deferred Payment Loans and
Other Forms of Mortgage Assistance
§ 7570. Household Eligibility and Amount of Loans.
(a) Eligibility for participation with a commitment for tnortgage assis-
tance is limited to low-income households. This eligibility shall be deter-
mined at the time the sponsor gives final approval for a household's par-
ticipation in the program, or on approval of permanent financing,
whichever is earlier.
(b) For new construction, the maximum defeired payment loan which
an eligible household may receive shall be determined as follows:
(1) Determine the amount of total financing required by subtraclitig
from the sales price any downpayment or subsidies other than from the
Department:
(2) Calculate 30*7^ of the eligible household's gross monthly income
as established at the time perinanent financing is approved. Froin this
amount, subtract property taxes, insurance, and utilities and. if required,
mortgage insurance and homeowner association fees, to determine the
net income available for mortgage payinent;
(3) Using the interest rate and term of the first mortgage, calculate the
mortgage that the net income in (2) will amortize.
(4) Subtract the amount calculated in (3) from the fist mortgage calcu-
lated in (1). This amount, if positive, is the allowable mortgage assis-
tance, up to a maximum of $15,000. for the eligible household.
(c) An eligible household may receive a deferred amount loan for the
rehabilitation of an assisted unit subject to the following conditions:
( 1 ) The after-rehabilitation loan-to-value ratio, including the Depart-
ment's loan, shall not exceed 95 percent.
(2) The proceeds of the deferred payment loan shall only finance reha-
bilitation costs directly related to compliance with local code rehabilita-
tion standards.
(3) The amount of the deferred payment loan shall not exceed the less-
er of the following:
(A) $15,000 or
Page 353
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§ 7572
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( B) The amount needed to finance the direct cost otthe approved reha-
bilitation work necessary to comply with rehabilitation standards.
(4) Priority shall be given to eligible households spending 30 percent
or more of their gross monthly income on housing costs. Households
spending less than 25 percent of their gross monthly income for housing
costs shall provide evidence that necessary financing cannot be obtained
from other sources. "Gross monthly income" shall be established at the
time the sponsor gives final approval for a household's participation in
the program.
NOTE: Aulhority cited: Section .S()697(d). Health and Safety Code. Reference:
Section 50696. Health and Safety Code.
§ 7572. Terms and Conditions of Deferred Payment Loans
to Households.
(a) An eligible household receiving a loan pursuant to this Article shall
enter into a Deferred Payment Loan Agreement (DPLA) with the Depart-
ment. The term olthe DPLA shall not exceed 20 years.
(b) The DPLA shall contain the following terms and conditions:
( 1 ) The eligible household shall execute a Promissory Note containing
the terms set forth in subdivisions (b)(2), (b)(3) and (b)(4) of this section
and a Deed of Trust. The Deed of Trust shall be sufficient for recordation
and sufficient to secure the obligations of the Promissory Note. The
DPLA shall provide for the order of recordation of the Deed of Trust and
Page 354
Register 2004, No. 45; 11-5-2004
Title 25
Department of Housing and Community Development Programs
i^ 7582
lor its priority with respect to other liens and encumbrances recorded
against the assisted unit.
(2) The DPLA shall include a provision that the agreement will termi-
nate and the eligible household will be required to repay the outstanding
mortgage assistance and accrued interest if the household ceases lo
occupy the assisted unit as its principal residence, other than as the result
of a sale, transfer, or conveyance pursuant to Section 7574.
(3) A Deferred Payment Loan shall bear simple interest at seven (7)
percent per year tor the first ten years of the loan to any one eligible
household. Repayment of principal and payment of interest shall be def-
erred until sale or conveyance of the assisted unit pursuant to Section
7574.
(4) The loan principal and accrued interest shall be forgiven at 10 per-
cent per year of the total outstanding amount beginning with the 1 1th
year, with total forgiveness of both interest and principal after 20 years
provided that an eligible household remains in compliance with the
DPLA.
NOTI.: Authority cited: Section .SOd^Tici). the Health and Safety Code. Relerence:
Sections 506^6 and 5()697(d), Health and Satety Code.
§ 7574. Resale and Loan Assumption.
(a) The owner of an assisted unit shall notify the Department prior to
the sale, transfer or conveyance of the assisted unit or any interest therein.
(b) The sale, transfer, or conveyance of an assisted unit or interest
therein is subject to the following conditions:
( 1 ) If the sale or transfer is to a low-income household, the purchaser
may assume the deferred payment loan upon completion of terms and
conditions .set forth in Sections 7572 and 7574(c).
(2) If the sale, transfer, or conveyance is not to a low-income house-
hold, the deferred payment loan and accrued interest shall be due and
payable upon the sale, transfer, or conveyance pursuant lo Section 7572.
(.3) if, at time of resale, the market value of the housing unit is less than
the sum of the outstanding balances on permitted mortgages and per-
mitted liens, plus the value of sweat equity, then the amount of mortgage
assistance due in repayment, or available for assumption, shall be re-
duced by the difference between the market value of the housing unit and
said sum. The Department shall establish a value for the sweat equity
based on information submitted by the grantee and shall determine the
fair market value at the time of the proposed resale.
(c) A low-income household seeking to assume the deferred payment
loan shall:
( 1 ) Apply to the Department on an approved form;
(2) Provide the Department with complete and accurate information
as lo income and estimated housing costs; and
{?>) Execute a new Deferred Payment Loan Agreement for the princi-
pal balance remaining on the loan.
NOTi:: Authority cited: Section 30697(d). Health and Safety Code. Reference:
Section 50696. Health and Safety Code.
§ 7576. Terms and Conditions of Deferred Payment Loans
for Cooperatives or Rental Sponsors.
(a) Individual households occupying assisted units in cooperatives or
in rental housing developments shall not be entitled to Deferred Payment
Loans. Such loans may be made to cooperatives or rental sponsors for the
benefit of eligible households as follows:
( 1 ) The loan shall have a term of twenty years and shall bear simple
interest at seven percent (7%) per annum, with payments of principaJ and
interest to be deferred except where repayment is required pursuant to
this Section and Section 7574:
(2) The cooperative or rental sponsor agrees to execute a Promissory
Note evidencing the loan and a Deed of Trust on the property securing
the Note. The Deed of Trust shall be recorded as a lien against the proper-
ty:
(3) The proceeds of the loan shall be utilized to reduce the housing
costs of eligible households in assisted units in the cooperative or rental
housing development, subject to the limits and requirements set forth in
Section 7570:
(b) The cooperative or rental sponsor shall enter into a regukitt)ry
agreement with the Departirientlhat includes but is not limited to. the fol-
lowing provisions:
( 1 ) The type and number of assisted units to be occupied by eligible
households during the term of the loan;
(2) The manner in which the loan shall result in reduced housing costs
or rents for eligible households and long-term rights to tK'cupancy:
(3) The cooperative or rental sponsor shall not sell, transfer, coiney.
or encumber its interest or any portion thereof in the property without the
prior written approval of the Department:
(4) The term oi' the regulatory agreement shall not be less than 20
years: but shall not exceed 20 years from the date of completion ol con-
struction or rehabilitation.
(5) The Deferred Payment Loan and all accrued interest theret)n shall
be forgiven twenty years after the date of execution of the regulatory
agreement provided that the cooperative or rental sponsor has substan-
tially complied with the provisions thereof.
NoiT.: Authority cited: Section 50697(d), Health and Saletv Code. Reference:
Sections 50696 and 50697(d), Health and Safety Code.
§ 7578. Mortgage Subsidy Assistance.
(a) In lieu of assistance provided to eligible households through def-
erred payment loans, sponsors may propose, in their applications k)v
funding, a method for providing assistance to eligible households to re-
duce their monthly mortgage interest costs. The Department may accept
or reject the proposal, or require the sponsor to amend the proposal.
(b) The Department will use the following criteria in evaluating the
proposal for acceptance, rejection, or modification:
(l)The capability of the Department, sponsor, lender or other party lo
administer and monitor the payments;
(2) The extent to which the proposed method will maximize the bene-
fits of program funds for eligible households:
(3) The extent to which the proposal will encourage resale o! the as-
sisted units to low-income households: and
(4) The adequacy of proposed security to protect the program funds
and ensure compliance with program requirements.
NOTE: Authority cited: Section 50697(d), Health and Safely Code. Reference:
Section 50696, Health and Safety Code.
Article 6. Development Assistance
§ 7580. Development Assistance Under the Mortgage
Assistance Standard Agreement.
A grantee may apply for funds awarded under Article 4 for payment
of approved development co.sts pursuant to this Article and applicable
provisions of the MASA. For each project, the amount ol development
assistance shall not exceed the amount of mortgage assistance committed
pursuant to Article 4.
NOTE: Authority cited: Section 50697(d), Health and Safely Code. Reference:
Section 50696, Health and Safety Code.
§ 7582. Eligible Uses of Funds.
Development assistance may be used for costs incurred in connection
with self-help construction including the following.
(a) The cost of acquiring or refinancing the property;
(b) The cost of site preparation, demolition, and clearing:
(c) Architectural, engineering, legal, accounting, consulting, and other
fees in connection with the planning, execution, and financing of the
project;
(d) The cost of necessary studies, surveys, plans and permits:
(e) The cost of insurance, interest and financing, taxes and assessments
and carrying costs incurred during self-help construction:
(f) Onsite construction costs of labor and material directly for sell-
help construction;
(g) The cost of offsite improvements, including streets, .sewers, and
utilities.
NOTE: Authority cited: Section 50697(d). Health and Safety Code. Relerence:
Section 50696, Health and Safety Code.
Page 355
Register 98, No. 12; 3-20-98
§ 7584
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7584. Terms and Conditions of Development Assistance.
(a) As a condition of a commitment ol" development assistance funds,
the following terms and conditions siiail be incorporated into the MASA:
(1) The amount, timing and manner of disbursement of development
assistance funds by the Department;
(2) A description and allocation of eligible costs to be paid by develop-
ment assistance funds;
(3) The timing of and manner by which the development assistance
shall be provided to eligible households or cooperatives as mortgage as-
sistance. The grantee shall be required to complete the project and pro-
vide mortgage assistance to eligible households within two years of the
date of commitment of the development assistance; and
(4) Remedies of the Department in the event that the grantee breaches,
defaults or violates the development assistance provisions of the MASA.
(5) The order of recordation and the priority to be accorded the Deed
of Trust referred to in subdivision (b) below.
(b) Development assistance for the project shall be provided in the
form of a loan evidenced by a note in the amount of the approved devel-
opment assistance and secured by a Deed of Tmst in favor of the Depart-
ment which shall be recorded as a lien against the property.
(c) Tlie note shall bear interest at ten percent (10%) per annum which
interest shall be forgiven upon grantee's performance of the development
assistance as specified in the MASA. Principal of the development assis-
tance note shall be reduced in increments, and parcels released from the
lien of the development assistance Deed of Trust, when mortgage assis-
tance is provided to eligible households in accordance with the MASA.
NOTE; Authority cited: Section 50697(d). Health and Safety Code, Reference:
Section 30696. Health and Safety Code. 7670 Purpose and Scope.
Subchapter 7. Office of Migrant Services
Article 1. General
§ 7600. Authority and Purpose.
NOTE: Authority cited: Section 50710, Health and Safety Code; Reference: Sec-
lion 50710, Health and Safety Code.
History
1 . New Subchapter 7 (sections 7600-7665, not consecutive) Filed 6-3-80; desig-
nated effective l-i-81 (Register 80. No. 22).
2. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82. No.
9).
3. Repealer filed 1 1-2-88; operative 12-2-88 (Register 88, No. 46).
§ 7601. Federal Law and Regulations.
(a) This subchapter shall be interpreted to be consistent with all appli-
cable federal law and regulations and, in the event of conflict, federal law
or regulations will prevail.
(b) The Department of Housing and Community Development and its
contractors and subcontractors shall comply with all stale and federal
civil rights laws and regulations and shall not discriminate based on race,
color, sex, creed, religion, national origin, age, or any physical handi-
caps.
(c) Any information, documents or sources obtained by a contractor
or the Department from resident shall reinain confidential, and shall be
released only pursuant to the requirements of the Information Practices
Act of 1977 (Government Code Section 1798 and following) and other
applicable state and federal law.
(d) The Department shall review and approve the form of all notices,
applications, and other documents required by these regulations, before
they are provided to residents.
(e) The Department shall designate a period, of 1 80 days each calendar
year, unless otherwise extended to or reduced by written agreement be-
tween the Department and the contractor, during which the housing cen-
ter(s) shall be open to migratory agricultural workers and their families
for occupancy, which period will be referred to as the on-season. The re-
maining period of time during each calendar year shall be referred to as
the off-season.
NOTE: Authority cited: Section 50710, Health and Safety Code: Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
82. No. 9).
i} 7602. Definitions.
(a) "Agricultural employment" means work on either a farm, ranch or
orchard, or the processing of agricultural products.
(b) "Applicant" means an individual who signs an application for ad-
mission to a migrant housing center.
(c) "Contractor" means a housing authority, school district, health
agency or other appropriate local public or private nonprofit agency and
its agents and other appropriate local public or private nonprofit agency
and its agents and employees which has contracted with the Department
to operate and maintain and provide services for one or more migrant
centers pursuant to Subchapter 8.5 of Part 2 of Division 3 1 of the Health
and Safety Code, comiTiencing with Section 50710.
(d) "Department" tneans the Department of Housing and Coinmunity
Development, Office of Migrant Services.
(e) "Earned income" means income received as payment for work.
(0 "Household" means immediate family members who reside, or
who have made application to reside together, as a single family at a mi-
grant center.
(g) "Immediate family" means a migrant center resident and his or her
parents, children and spouse, or any other related dependents or persons
who regularly live with the family and whose income(s) and resources
are available for use in meeting the living expense of the group. In addi-
tion to sons and daughters of a resident, "children" shall include minors
who are financially dependent on a resident, whether or not they are re-
lated to the resident. "Spouse" shall include a person who acts as the hus-
band or wife of the resident, whether or not they are legally married.
(h) "Migrant center" and "migrant housing center" mean a housing
center administered by the Department and operated by a contractor for
the purpose of providing housing for migratory agricultural workers pur-
suant to Health and Safety Code section 507 10 and shall include all hous-
ing units, common areas and structures, equipment and furniture within
a housing center, excepting tho.se facilities owned exclusively by a con-
tractor or other interests and not meant for the use of migratory agricul-
tural workers.
(i) "Migratory agricultural worker" means an individual who:
( 1 ) has the employment status of one of the following:
(A) during the current or preceding calendar year, derived at least 50
percent of his/her total annual household earned income from agricultur-
al employment, or
(B) can produce current evidenceof a current job offer in agricultural
employment; and
(2) performs, has performed, or will perform such agricultural labor
during the current or preceding calendar year under conditions which re-
quire roundtrip travel exceeding 100 miles per day such that he/she was
unable to return to his/her chosen place of residence within the same day
of labor; and
(3) has resided together with his/her immediate family outside a 50
mile radius of the migrant center for at least 3 months out of the preceding
6 month period.
(j) "Operating costs" means the amount of the total expenditures nec-
essary to pay for the costs of operating a migrant family housing center
in compliance with Sections 50710 through 50713 of the Health and
Safety Code and Sections 7601 through 7665 of Title 25 of the California
Code of Regulations. Costs shall include permanent salaries/wages, tem-
porary salaries/wages, and personnel benefits; center office supplies,
household supplies, communication, travel and gas/oil; minor equipment
and repair/maintenance; purchases under $150.00; major equipment pur-
chase and repair/maintenance, equipment rental, electricity, and gas; gar-
bage, trash, sewer, and water; other costs; electric/plumbing/paint/solar
Page 356
Register 98, No. 12; 3-20-
Title 25
Department of Housing and Community Development Programs
§7613
supplies and services; lumber and materials: grounds maintenance: reiia-
hiliiation and repairs: debt service: replacement reserves: administrative
support services, travel and auditing expenses.
(k) "Resident" means an individual migratory agricultural worker who
signs a lease to reside in a migrant center.
Nort:; Auiliorilv cilctl: Section 50710. Healtli and .Safety Code. Rel'erenee: Sec-
tions .S()7I0 and'.S()712,.S. Health and Salety Code.
History
1 . Amendment tiled 2-26-S2: elTective thirtieth day thereafter (Register 82. No.
2. Amendmenl filed 1 I-2-X8: operative 12-2-88 (Register 88, No. 46).
3. Rditorial correction of subsection (d) (Register 9.5. No. .30).
4. Amendment of subsections (g) and (j) Hied 2-22-96; operative 2-22-96 pur-
suant to Government Code section 1 1343.4(d) (Register 96, No. 8).
5. Change without regulatory efleet amending subsections (g) and (j) tiled
7-31-97 pursuant to section 100. title I.CaliforniaCodeof Regulations (Regis-
ter 97. No. 31 ).
6. Amendment ol subsections (g). (i)(l)(A) and (J) filed 3-17-98; operative
3-17-98 pursuant to Government Code section 1 1.343.4(d) (Register 98. No.
12).
Article 2. Admissions
^ 761 0. Eligibility for Admission.
An applicant and his/her immediate family are eligible for admission
to a migrant center iiihey meet all of the following criteria:
(a) The applicant or applicant's spouse is a migratory agricultural
worker. In determining status as a migratory agricultural worker, as de-
fined in Section 7602. the cotnbined earned income of all members of the
applicant's household shall be considered, and as long as 50% of the
household's combined earned income is derived IVom agricultural em-
ployment, any individual household members may engage in non-agri-
cultural employment.
hicome from employment at a migrant center shall be included as agri-
cultural employment in the total annual household income when evaluat-
ing compliance with the above 50% requirement.
(b) There is more than one person in the applicant's household and all
hou.sehold members are members of the applicant's immediate family.
(c) The applicant and his/her household conforms to the occupancy
standards set out in Section 7612.
(d) The contractor may determine that an applicant is not eligible for
admission if. on the basis of substantial, factual evidence of that person's
prior actions there is good cause to believe that the applicant or any mem-
ber of his/her household will repeatedly fail to pay rent, will create a sub-
stantial threat to the health and safety of other residents, or will repeatedly
breach material requirements of the lease. Unsubstantiated oral state-
ments will not be deemed substantial factual evidence.
(e) The above eligibility criteria shall be exclusive and no other factors
shall be considered in determining eligibility of applicants.
NOTF.; Authority cited: Section 50710. Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
Hl.STORY
1. Amendment of subsections (a) and (d) filed 2-26-82; effective thirtieth day
thereafter (Register 82. No. 9).
2. Amendment of subsection (a) tiled 2-22-96; operative 2-22-96 pursuant to
Government Code .section J 1.343.4(d) (Register 96. No. 8).
3. Change without regulatory effect amending subsection (a) filed 7-31-97 pur-
suant to section 100. title 1, California Code of Regulations (Register 97, No.
31).
4. Amendment of subsection (a) tiled .VI 7-98; operative .3-17-98 pursuant to
Government Code section 1 1.343.4(d) (Register 98, No. 12).
§ 7611. Admission Priorities.
(a) Applicants shall apply for admission on a first-come, first-serve
basis, on the day that each migrant center opens for housing registration.
An alternative method permitting prelerential admission for residents of
the migrant center's previous season may be used if approved by the De-
partment.
(b) Applicants who have previous or current agricultural employnieni
shall be given priority for occupancy of units during the opening day each
season over those who have no history of current or past agricultural em-
ployment, but have offers of employment.
(c) If more eligible applicants apply than there are available units, the
contractor shall maintain a waiting list with applicants listed in o\dcv of
date and time of application. A priority number shall be issued upon
application and shall be noted on the application form. When a housing
unit becomes vacant, the contractor shall offer the unit to the iirst eligible
appropriate candidate on the list. If after a good faith effort the contractor
is unable to contact the first applicant on the list, ihe contractor may offer
the unit to the next eligible appropriate candidate on the list, until the list
is exhausted. If an applicant has not checked in with the contractor in the
prior 24 hours, his/her name may be dropped from the wailing list.
(d) The foregoing priority shall be followed without regard to race,
creed, religion, sex. color, or national origin or any other factor piecluded
by law.
NOTE: Authority cited: Section 50710. Health and Safety Code; Reference: Sec-
tion 50710. Health and Safety Code.
History
1. Amendment filed 2-26-82; efteclive thiilieth day thereafter (Reviislcr 82. No.
9).
2. Amendment filed 1 1-2-88; operative 12-2-88 (Register 88, No. 46).
§7612. Occupancy Standards.
(a) Each migrant center shall remain open 180 days each calendar
year. The period of tiine during which a migrant center is open may be
extended or reduced pursuant to written agreement between the Depart-
ment and the contractor responsible for the operation and maintenance
of that tnigrant housing center.
(b) A migratory agricultural worker and his/her immediate family may
not occupy more than two housing units at any one lime.
(c) To avoid overcrowding and prevent wasie of space, dwellings are
to be assigned in accordance with the occupancy standards set forth as
follows:
Muxiimiin niinihcr
Number of Bedrooms of Persons
\ 4
2 7
3 10
4 13
These maximum standards may be waived by the contractor when ap-
propriate in order to make temporary use of available vacant units or to
house families in urgent need.
If a resident is living in a unit which is too small for his/her household
according to these occupancy standards, the contractor may transfer resi-
dent to the next available unit of appropriate size or may provide resident
with an available additional unit. In addition, contractor may require a
resident who is living in a unit which is too large for hi.s/her household
to exchange units with a resident who is living in a unit which is too small.
NOTE: Authority cited: Section 50710. Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter ( Rciiistcr
82, No, 9).
§ 7613. Application and Admission Requirements.
(a) The Application for Admission constitutes the basic record oleach
migratory agricultural worker and his/her household who has applied for
admission to a migrant housing center. Each applicant shall provide all
information requested in the Application for Admission, sign the appli-
cation, and attest to the accuracy of the data provided.
(b) Each application for Admission shall rellect the date and time of
application by the applicant.
(c) Applications for Admission shall be available in English and the
language spoken by a majority of applicants. The contractor shall provide
assistance to all applicants in filling out the application.
Page 357
Register 98, No. 12; 3-20-98
§ 7614
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) The Application for Admission and all other materials relating to
the eligibility of the applicant and his/her household, including appli-
cants who are found ineligible, shall be kept in an active tile.
(e) The Application for Admission shall call only for information nec-
essary to determine the eligibility of the applicant and his/her household
as defined in Section 7610. Such information shall include the size and
composition of the applicant's household.
Noi'E; Authoritv cilcd: Section ,S07I0. Health and Safely Code: Kefcrence: Sec-
tion .S()7I0. Health and Safety Code.
History
1 . Amendment Hied 2-26-82; effective ihinielh day thereafter (Register 82. No.
§7614. Verification.
(a) The contractor shall verify information provided by the applicant.
(b) The contractor shall accept a document submitted by an applicant
for verification if it provides credible evidence of applicant's eligibility.
The department may determine which types of documents do not provide
credible evidence. The following are examples of acceptable documents
but other forms of documenlaiion offered by the applicant may be ac-
cepted:
( 1 ) Income tax reports (e.g. W-2 forms) or other statements from em-
ployers or other income sources.
(2) Signed employer verification form,
(3) Migrant transfer record,
(4) Unemployment insurance benefits reports,
(.S) Vehicle license number,
(6) Driver license.
(7) Signed current letter from employer or potential employer verify-
ing current job offer for an applicant with no prior history of agricultural
employment.
(c) Information obtained by telephone or personal interview may be
u.sed for admission, provided that no other documentation can be pro-
vided by applicant. A memorandum shall be placed in the verification re-
cords summarizing the information, stating the source and dale of con-
tact, and shall be signed and dated by the contractor's agent or employee
who prepared the memorandum.
(d) In order to determine whether an applicant is ineligible for admis-
sion on the grounds stated in Section 7610 (d), the contractor may rely
upon, for example, written records of a migrant center or other housing
management, statements of a migrant center manager or other housing
manager or owner or a chairperson of a resident council, and written re-
cords of administrative and court hearings in cases where action was
brought against the applicant regarding conduct in a migrant center or
other housing. Only credible information regarding the applicant's prior
actions may be taken into account.
(e) Documents and other verification information shall be required
only for the purpose of determining eligibility under the criteria in Sec-
tion 7610 and shall not be required for any other purpose.
(0 Verification information shall be reviewed and evaluated as re-
ceived for completeness, accuracy, and conclusiveness. Where the infor-
mation received, at the time of application, is not adequate to verify the
applicant's eligibility, the contractor may exercise discretion and either
notify applicant that he/she is ineligible or permit applicant an additional
24 hours to produce the necessary documents. If during the verification
process it becomes evident that for one or more reasons an applicant is
ineligible, the investigation is to be discontinued and the applicant noti-
fied of his/her ineligibility and the reasons therefor, and of his/her right
to a hearing as provided in Section 7615.
(g) If a determination is made that an applicant is not eligible the rea-
sons for that finding and a summary of the information upon which that
finding is based shall be written on the application form and signed by
the staff person who made the determination.
NOTE: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment filed 2-26-82; effective thiiiieth day Ihereaher (Resiisier 82. No.
9).
2. New subsection (b)(7) filed 11 -2-88; operative 12-2-88 (Register 88. No. 46).
§ 761 5. Notification to Applicants.
(a) Each applicant shall be notified as promptly as possible regarding
his/her eligibility status. If determined to be ineligible for admission, the
applicant is to be informed in writing of the deterinination, the reasons
for the determination, and of his/her right to request a hearing pursuant
to subsection (b) of this section. For each such case, a record shall be
maintained, including a notation of the circuinstances involved, final ac-
tion taken, and the dates. A form for requesting a hearing shall be in En-
glish and in any other language spoken by a inajority of applicants.
(b) An applicant must request a hearing within 24 hours after written
notification of ineligibility is personally delivered, or hi.s/her rights to a
hearing shall be deemed to be waived.
(c) Except where an applicant is refused adinission due to lack of ap-
propriately- sized housing units, contractor shall hold an appropriate unit
vacant until the time to request a hearing has passed or, if a hearing is
timely requested, until after a hearing is conducted.
(d) A hearing requested pursuant to subdivision (b) shall be held
promptly, and shall be conducted in the primary language of the applicant
or with a translator who speaks such language. Applicant shall not be re-
quired to miss work in order to appear at the hearing. The hearing re-
quested pursuant to this .section shall be conducted by a supervisor of the
person who made the determination that the applicant was ineligible.
Such decision shall be in writing and set forth the reasons and findings
for the decision.
(e) Each applicant determined to be eligible for admission shall be
housed promptly. The date that housing units are assigned may be desig-
nated by the Department.
NOTIi: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1 . Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No.
9).
§ 7616. Execution and Amendment of Dwelling Lease.
(a) At the time of admission, the applicant accepted for adinission shall
sign the lease. The lease shall comply with Section 7623 and shall be pre-
pared in triplicate. One copy shall be given to the applicant, one copy to
the Contractor, and the original shall be filed in the permanent record
folder established for the applicant at the center office.
(b) If, through any cause, the signer of the lease ceases to be a member
of the resident household, a new lease shall be signed by the family mem-
ber qualifying as head of the household, provided the household remains
eligible for continued occupancy.
(c) If a resident household transfers to a different migrant center a new
lease shall be executed to reflect the new dwelling.
(d) If, at any time during the term of the lease, any other change in the
resident's status results in the need to change or amend any provisions
of the lease, the lease should be amended to reflect the changes.
(e) All lease revisions are to be dated and signed by the resident.
NOTE: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1. Amendment of subsection (a) filed 2-26-82; effective thirtieth day thereafter
(Register 82. No. 9).
2. Amendment of subsection (a) filed 11-2-88; operative 12-2-88 (Reeister 88,
No, 46).
Article 3. Lease
§ 7620. Local Rules and Regulations.
In addition to the requirements in the lease, each contractor may adopt
reasonable rules and regulations necessary for the proper operation of
each migrant housing center and consistent with this subchapter. Such
Page 358
Register 98, No. 12; 3-20-
Title 25
Department of Housing and Community Development Programs
§7624
rules and regukuions shall bo submillcd lo ihc resident eouncil forconi-
nienl and lo the Department for approval prior to their becoming effec-
tive. Such rules and regulations shall be given lo each applicant at the
time the lease is signed.
NOTI,: Authority cited: Section 50710. Health and Salelv Code. Reference: .Sec-
tion .507 1 0. Health and Safety Code.
History
1. Aniendnient filed 2-26-82: elTective thirtieth day thereafter (Reeisler 82.
No.y).
§7621. Rents.
Rents shall be charged according lo a schedule of rents established by
the Deparimeni. Rents shall not be adjusted except in accordance with
Section 7650 or 7653.
Noi t,: AulhorilN cited: Section 50710. Health and Safety Code. Reference: Sec-
tion 507 1 1). Health and Safety Code.
History
1 . Aniendnient ofNOTb filed 2-26-82; effeetiye thiilielh day thereafter (Register
82. No. 9).
2. Aniendnient filed I 1-2-88: operative 12-2-88 (Register 88. No. 46).
}. Amendment filed .^-17-98: operative 3-17-98 pursuant to Government Code
section 1 1343.4(d) (Register 98. No. 12).
§ 7622. Replacement Charges.
The charges lo residents for damages caused to the migrant center
properly shall be made in accordance with a schedule of replacement
costs which shall be adopted by each contractor and posted in the man-
ageineni office of each migrant center, and shown to applicant at the time
the lease is signed.
Norr;: Authority cited: Section 50710. Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter ( Register
82. No. 9).
§ 7623. Lease.
Each contractor shall use the following lease when leasing a unit in a
migrant housing center. The lease shall be in English and a copy provided
in the language spoken by a majority of applicants.
HOUSING AUTHORITY
BOARD OF SUPERVISORS
BOARD OF DIRECTORS
OF THE OF
MIGRANT CENTER.
OCCUPANCY DATE
The of the
UNIT NO.
BEDROOM SIZE
of
jManagement), rely-
ing upon statements in the resident's application for housing, agrees to
lease to (Resident), the residence
described above, under the terms and conditions staled in this lease. The
following people will occupy the residence:
1. TERM OF LEASE
The term of this lease shall be one month. The lease shall be autoinati-
cally renewed for successive terms of one month unless terminated in ac-
cordance with Paragraph 6 of this lease.
2. OCCUPANCY
Resident, and members of Resident's household, as listed in Resi-
dent's application for housing, shall have the exclusive right to use and
occupy the residence. Resident shall not sublet nor assign this lease. Resi-
dent agrees to comply with the transfer procedures in the Resident's
Handbook for Migrant Centers.
. The rent shall be
jnonthly (check one) in ad-
.3. RENT
The daily rent for these premises is_
paid weekly. bi-weekly,
vance on the day ol' each .
4. SECURITY DEPOSITS
Resident agrees to pay $ as a security deposit upon the terms and
conditions contained in the Resident's Handbook for Migrant Centers.
Resident agrees to pay $25.00 as an additional security deposit for the
first two electronic gale security cards assigned to a household at Centers
that have electronic gates, and $25 for each additional card after the I'irsi
two. These security deposits shall be returned to the Resident upon the
conditions contained in the Resident's Handbook for Migrant Centers.
5. UTILITIES
Management shall pay for the cost of ail utilities, except telephone.
6. TERMINATION OF LEASE
(a) Resident may tenninate ihis lease at any time. Rent is only paid for
the period Resident actually occupied the housing unit. Any unused rem
shall be returned lo Resident according to the termination terms and con-
diiions contained in the Resident's Handbook for Migrant Centers.
(b) Management may terminate this lease only for good cause. Man-
agement shall terminate this lease in accordance with the provisions con-
tained in the Resident's Handbook for Migrant Centers.
7. RESIDENT'S HANDBOOK FOR MIGRANT CENTERS
The provisions contained in the Resident's Handbook for Migrant
Centers shall be a part of this lease. Resident and Management agree to
be bound by the terms of the Handbook.
DATED:
RESIDENT
DATED:
MANAGEMENT
Note: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code
History
1. Amendment filed 2-26-82: effeciive thirtieth day thereafter (Reuisicr 82. No.
9).
2. Amendment of lease form heading and paragraph 4. filed 2-22-96; operative
2-22-96 pursuant to Government Code section 1 1343.4(d) (Register 96, No. 8).
3. Amendments filed and operative 2-26-96 invalidated by Murtine: v. California
Department i)f Housing and Community Development, Sacramento Superior
Court No. 96CS 01752 (December 19. 1996).
4. Amendment filed ,3-27-97 as an emergency; operative 3-27-97 (Register 97.
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 7-25-97
or emergency language will be repealed by operation of law on the follow ing
day.
5. Reinstatement of section as it existed prior to 3-27-97 order by operation of
Government Code section 1 1.346. 1(f) (Register 97, No. 31). Fmergency amend-
ment filed and operative 3-27-97 invalidated by Orejel v. California Depart-
ment of Housing, and Commmiitx Development. Sacramento Superior Court No.
96CS0]752(May28, 1997).
6. Change without regulatory effect repealing amendments filed and operative
2-26-96 filed 7-3 1-97 pursuant to .section 1 00, title 1 . Cali fornia Code of Reg-
ulations (Register 97. No. 31 ).
7. Editorial correction amending section and Hisiory 5 and addinji History 6
(Register98, No. 12).
8. Amendment filed 3-17-98; operative 3-17-98 pursuant to Govemmeni Code
section 11343.4(d) ([Register 98, No. 12).
§ 7624. Resident's Handbook.
Each contractor shall give the Resident a copy of the following Resi-
dent's Handbook for Migrant Housing Centers at the time of the execu-
tion of the lease. This Handbook shall be in English and the language spo-
ken by a majority of applicants. TTie provisions of thi.s Handbook are
binding on all Residents, contractors, and the Department.
RESIDENT'S HANDBOOK FOR MIGRANT HOUSING CENTERS
Welcome to the Migrant Housing Center. This Handbook contains im-
portant information concerning the rights and responsibilities of resi-
dents and management of ihe migranl center. Please read it carefully and
keep it with you while you are living at the center.
Page 359
Register 98, No. 12; .1-20-98
§ 7624
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
RENT
Rent shall be paid either monthly, bi-weekly, or weekly, depending
on your agreement with the manager.
The department shall establish a schedule of rents from a statewide
base tor 1 998 of seven dollars and fifty cents ($7.50) per day for a two-
bedroom dwelling. An additional fifty cents ($.50) per day shall be
charged for a three-bedroom unit, and an additional one dollar ($1 .00)
per day shall be charged for a four-bedroom or larger unit. In any year,
any household which occupies more than one two-bedroom unit shall
pay one dollar ($1 .00) per day for the .second unit.
The base rent shall be adjusted, if necessary, at the beginning of each
state ftscal year to an amount calculated by the Department considering
total statewide operating cost throughout the state and total state and oth-
er funds available for all centers and after an opponunity for resident
comment. There may be additional mid-season adjustments in rent after
30 days written notice. The exact rules for rent adjustments are in the Of-
fice of Migrant Services Housing Center Regulations, sections 7650 and
765.3.
SECURITY DEPOSIT
The security deposit will be no less than $100.00 and no more than
$1 25.00. This deposit may only be used by management for unpaid rent,
for any cost to clean the unit beyond normal wear and tear, and for the
cost to repair damages beyond normal wear and tear caused by you or
your guests. The security deposit may not be used for charges caused by
normal wear and tear.
An additional security deposit of $25.00 is required for the first two
electronic gate security cards issued to you, and for each additional card
thereafter, if your center has an electronic security gate. In the event an
electronic gate security card is lost or not returned, you will forfeit this
deposit. An additional deposit will be required before a new electronic
gate security card is issued to you. If an electronic gate security card is
returned damaged, you must pay actual replacement cost of the gate card.
Management shall make arrangements with you to pay these deposits
at a later time if you cannot afford to pay the full amount at the time you
are admitted to the center.
The rules for getting back your deposit at the end of the residency are
as follows:
If you give management at least three days notice that you are leaving,
management shall return the deposit to you on the day you move out. If
management keeps all or part of deposit, they must provide a written
statement explaining why those amounts were withheld.
If you do not give management at least three days notice that you are
leaving, management will make permissible deducdons and send the de-
posit to your forwarding address within two weeks. If the management
does not have a forwarding address, management will hold your deposit
for six months. After six months your deposit is forfeited. If management
must hold your deposit, it will not entitle you to preference for admission
the next year.
UTILITIES
All utilities (excluding telephone service), are to be paid by manage-
ment at no additional charge to you.
TRANSFER
If you are living in a housing unit which is too small for your family,
according to the occupancy standards set forth in the Office of Migrant
Services Housing Center Regulations, management may transfer your
family to the next available appropriate unit, or may provide your family
with an additional available housing unit.
In addition, if you are living in a unit which is too large for your family,
management may require you to exchange units with a family which is
living in a unit which is too small. If there is such an exchange, the family
in the larger unit must receive at least seven (7) days written notice from
management.
GUESTS
You may have guests (including overnight), but you must get permis-
sion from management if guests will be slaying more than 3 days.
MANAGEMENT RIGHTS AND OBLIGATIONS
(a) All center personnel are answerable to management.
(b) Management is authorized to provide free housing and utilities to
center personnel who received or who will receive said housing benefits
as a condition of their employment.
(c) During the off-season management is authorized to enter into sub-
lease agreements with federal, state, and local public entities for use of
the common facilities. Such facilities shall be available for use by center
residents during the on-season.
(d) Management is to keep the center in a decent, safe, and sanitary
condition. Repairs are to be made promptly.
(e) Management shall repair and maintain all electrical, plumbing,
sanitary, heating, ventilating, and cooling equipment, and appliances
supplied by the Department in accordance with contractor's budget.
( 0 Management and residents shall cooperate on all matters pertaining
to energy conservation.
(g) Management is authorized to reduce or stop charging rent on hous-
ing units which develop major defects that make the unit a threat to the
health or safety of the resident and his/her family. However, management
shall repair the unit or move the residents to another unit as soon as possi-
ble.
(h) The Department shall provide funds to contractor for the purpose
of relocating residents displaced as a result of rehabilitation activities of
management. Replacement housing shall be provided without any addi-
tional cost to resident and his/her family.
RESIDENT'S RIGHTS AND OBLIGATIONS
You. as a resident, agree to:
(a) Use your residence only as a private dwelling unit for you and your
family;
(b) Keep your yard in a clean and safe condition;
(c) Dispose of rubbish properly in a safe and sanitary manner;
(d) Keep your family or guests from damaging or removing the proper-
ty of the Migrant Center;
(e) Pay for damages caused by those under your control, according to
a schedule of maintenance and repair charges;
(f) Keep from disturbing the other residents;
(g) Keep no pets on the premises;
(h) Park vehicles only at areas designated for this purpose. Vehicles
shall not be abandoned, repaired or maintained within the center; howev-
er, routine servicing is permitted if it does not involve toxic substances
(including, but not hmited to, oil and brake fluids or car batteries) or does
not create a danger for the residents, and if it is consistent with local rules
and regulations;
(i) Make no major additions or changes to your residence, its equip-
ment, or furniture provided by management.
(j) Tell the management if you and your family will be away for more
than three (3) days;
(k) Leave your residence clean and in good condition when you vacate
the premises;
Page 360
Register 98, No. 12; 3-20-98
Title 25
Department of Housing and Community Development Programs
^7624
(/) Obey the rules and policies governing the Migriiiil Centers in exis-
tence when you moved in;
(ni) Report damages and needed repairs to management. If manage-
ment does not repair your unit in a reasonable lime, the request shoLdd
he submitted in writing. In the event management does not respond to
your written request within a reasonable time, you may do such repairs
up to two limes each year, each lime spending an amount equal to one ( 1 )
month's rent and deduct this amount Uom your rent payments;
(n) ir there are major defecis in the housing unit that make the unit a
threat to your health or safety you may ask for immediate repairs or to be
relocated h) another unit. If management does not make repairs or relo-
cate you, wiihin a reasonable lime, you may slop paying rent and pay only
reasonable rental value for your unit.
(()) You must physically occupy your unit within seven days after be-
ing admitted to the center and must continue lo physically occupy the unit
until you leave the center. If you leave the unit vacani for more than seven
days and there are other eligible families wailing for housing, manage-
ment may lease your unit lo another family. Management may, at their
discretion, permit you to leave the unit vacant for a longer period of time.
(p) Comply with other rights and obligations agreed upon by manage-
ment and the Resident Council and approved by the California Depart-
ment of Housing and Community Development;
(q) You and your guests, upon advance notice to management, nnay
use the common facilities of the Migrant Center for meetings or other
lawful activiiies which do not interfere with other aclivilies or the rights
of other residents;
(r) You and your guests have a right lo privacy;
(s) Management may not retaliate against you for any lawful action in-
cluding exercising the rights given you under this handbook and/or the
laws of the United Stales or the Slate of California.
RULES. REGULATIONS AND POLICIES
You and management both agree to follow the written rules, regula-
tions, laws and policies governing the Migrant Centers. Local manage-
ment rules and policies may be changed only if residents are given 30
days written notice of changes. The following rules and regulations are
to be made available to you in English and in the language spoken by the
majority of residents;
(a) Schedule of Rents;
(b) Schedule o( Maintenance and Repair Charges;
(c) Occupancy and Eligibility Policies;
(d) Local Management Rules, Regulations and Policies;
(e) Grievance Procedures;
(f) Department of Housing and Community Development, Office of
Migrant Services Regulations.
INSPECTION
When you move in, you musr be provided with an inventory list detail-
ing the condition of the unit and the equipment provided with the unit.
The list is to be signed by both you and the management. If you disagree
as 10 the conditions of the unit or its equipment, you should note this on
the list before, or as soon after moving in as possible. Both you and the
management are to keep a copy of this inventory. This list will help in
determining how much of your security deposit will be returned to you.
ENTRY OF RESIDENCE DURING TENANCY
Management may enter only during reasonable hours with either your
permission or that of an adult member of your family. If management rea-
sonable suspects an emergency exists, such as a fire, management may
enter at any lime.
After giving 24 hours wrillen notice, management may enter your
units to inspect, repair, maintain, or show it to others interested in renting
the unit after you leave. This notice is not required if you requested such
entry.
You shall not unreasonably deny luanagemenl permission to enter
your unit.
TERMINATION OF LEASE
You may end your lease at any time. Rent is only paid for the period
you actually occupied the housing unit. And unused rent shall be returned
to you. If you give at least three (.V) days notice of intent lo vacate the cen-
ter, management must, on ihe day you move out, return the unused rem
lo you. If you do not give al leasi three (3) days notice of inlent to leave,
management has two (2) weeks wiihin which to send the unused rent lo
your forwarding address. In the event you do nol give management a for-
warding address, management shall hold your unused rem for six months
and return it to you if you pick it up or provide a l\)rwarding address with-
in six months. After six months, the rent is forfeited. If management must
hold your unused rem. it will not entitle you lo preference in admission
lo the housing center the next year.
Management may require you lo move out if you have seriously or re-
peatedly violated important terms of the lease agreement such as not pay-
ing rent; serious interference with the rights of other migrant residents;
knowingly giving false statements of important facts to manageiuent
concerning your eligibility for migrant housing; or for other good cause.
In order for management to begin termination of this lease, it must give
you or an adult member of your household a written notice stating the rea-
son(s) for termination and notifying you of your right to request a hearing
as allowed under the grievance procedure.
If you have not paid your rem, management shall give you a seven (7)
day notice to either pay the rent or move out. If your actions cause an im-
mediate threat to the health and safety of the other residents, the manage-
ment shall give you a reasonable time to move out. but not less than three
(3) days.
In all other cases, 14 days notice shall be given lo either comply with
the terms of the lease or move out.
GRIEVANCE PROCEDURE
If you and management disagree as to the rights and obligations under
the lease, including the right of management to terminate your lease,
these disagreements will be settled through the complaint and grievance
procedure in the regulations of the Office of Migrant Services. You may
not use the grievance procedure if management terminates your lease be-
cause your actions cause an immediate threat to the health and salety of
your neighbors.
NOTE: Authority cited: Section 50710, Health and .Safety Code. Reference: See-
tion 50710, Health and Safety Code.
History
1. Amendment filed 2-26-82; effective thirtieth dav I hereafter (Kesisicr X2, No.
9).
2. Amendment of subsection entitled RRNT filed 1 1-2-88; operative 12-2-88
(Regjster88, No. 46).
3. Amendment of sub.sections entitled RHNT, SHCURITY DHPOSITS and sub-
section (h) of RESIDHNT'S RIGHTS AND RRSPONSIBILITIHS tiled
2-22-96; operative 2-22-96 pursuant lo Government Code section 1 1 .^4.^. 4(d)
(Register 96. No. 8).
4. Editorial correction of RENT (Register 96. No. .^7).
5. Amendments tiled and operative 2-26-96 invalidated by Murlinc: \ . Cdlifoniiu
Depurinient of Houslnii and Coinmunirv Dcvclopiiiciil. Sacramenlt) Superior
Court No. 96CS 01752 (December 19. 1996).
6. Amendment filed 3-27-97 as an emergency: operative 3-27-97 (Register 97,
No. \?>). A Certificate of Compliance must be transmitted to OAL by 7-25-97
or emergency language will be repealed by operation of law on the Ibllowing
day.
7. Reinstatement of section as it existed prior to 3-27-97 order by oocration ol
Government Code section 1 1 346. 1 ( f) (Register 97. No. 31). Emergency amend-
ment filed and operative 3-27-97 invalidated by Orejel v. Calijoniia Depuri-
nient of Housing and Communit\ Development. Sacramento Superior Court No.
96CS6]752(May28. 1997).
8. Change without regulatory effect repealing amendments tiled and operative
2-26-96 filed 7-3 1 -97 pursuant to .section 1 00. title I , California Code of Reg-
ulations (Register 97, No. 3 1 ).
Page 361
Register 98, No, 12; 3-20-98
§ 7630
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
9. Ediloiial correction amending section and HISTC)k^ 7 and addin'i Hisrokv 8
(Register 98. No. 12).
](). Amendment of RENT, SECURITY DEPOSIT AND RESIDENT'S RIGHTS
AND OBLIGATIONS (h) tiled 3-17-98; operative 3-17-98 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 98, No. 12).
Article 4.
Complaint and Grievance
Procedure
§ 7630. Complaint and Grievance.
All grievances oi' residents of migrant housing centers shall be re-
solved in accordance with the procedure set forth in this Article. A griev-
ance is any factual or legal dispute which a resident may have with re-
spect to contractor action or failure to act. in accordance with the lease,
contractor policies, these regulations, or law which adversely affect the
resident's rights, duties, welfare, or status. Failure to present a grievance
shall not bar its use in any Judicial proceeding.
Except in cases involving eviction of the resident, a resident may not
request a grievance hearing until he/she has taken both of the following
actions personally or through the tenant council:
(a) First, the resident must submit a written cotnplaint to contractor.
Contractor must respond, in writing, within 10 days after receiving the
written complaint.
(b) If the problem has not been resolved after the resident has received
contractor's written response or after the time for contractor to respond
has passed, the resident must submit a written complaint to the depart-
ment. The department must respond in writing within 10 days after re-
ceiving the written complaint. After the department has responded in
writing or after the time to respond has passed, the resident may then re-
quest a grievance hearing, if the dispute has not been settled.
NOTE: Authority cited: Section -"10710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1 . Amendinent filed 2-26-82: effective thirtieth day thereafter (Resister 82, No.
9).
§ 7631. Bilingual Procedures.
Grievance hearings, conferences, notices, and summaries pursuant to
this Article shall be in English or in the language of the majority of resi-
dents. If the resident speaks some other language a translator shall be pro-
vided.
NOTE; Authority cited: Section 50710. Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
I . Amendment filed 2-26-82; effective thirtieth day thereafter (Resister 82. No.
9).
§ 7632. Presentation of Grievance.
The resident shall personally present a grievance to the resident's mi-
grant housing center manager or to the contractor's main office. For pur-
poses of this section, grievances shall be accepted by the center manager
until 5:00 p.m. The resident shall present the grievance within three (3)
working days from receipt of notice in the case of a termination. In a case
other than a termination, the resident inust have complied with the proce-
dures in Section 7630, and must present the grievance within 3 days after
receiving a written response from the department or, if no response is re-
ceived, within 3 days after the time for the department to respond has
passed. The grievance may be presented orally or in writing. The contrac-
tor may request that an oral grievance be confirmed in writing by the resi-
dent. The contractor and the resident and any representative of either may
discuss the grievance informally and attempt to settle the grievance with-
out a hearing.
NOTE: Authority cited: Section 50710. Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1. .'Amendment filed 2-26-82; effective thirtieth day thereafter (Reeister 82. No.
9).
2. Editorial correcfion of section misnumbering (Register 96. No. 37).
§ 7633. Summary of Discussion.
If the contractor and the Resident are unable to settle the grievance in-
formally, the contractor shall send to the resident a written summary of
the grievance. The summary shall include:
(a) The contractor's proposed disposition of the grievance;
(b) The specific reasons for the proposed disposition;
(c) The names of the participants and the dates of any meetings held
to discuss the grievance: and
(d) The procedure by which the resident may obtain a hearing to re-
view the grievance.
NoTE; Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter ( Register
82. No. 9).
§ 7634. Request for Hearing.
If the resident is not satisfied with the contractor's proposed disposi-
tion of the grievance contained in the summary, the resident shall submit
a written request for a hearing to the contractor's main office or to the res-
ident's migrant housing center manager's office. The resident shall sub-
mit the request within three (3) working days after receipt of the summa-
ry. The request shall .specify the reasons for the grievance, and the action
or relief sought.
Note, Authority cited: Section 50710. Health and Safely Code. Reference: Sec-
fion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
82, No. 9).
§ 7635. Selection of Hearing Officer or Panel.
Grievances not resolved informally in accordance with Sections 7630,
7632 and 7633 shall be presented before a hearing officer or hearing pan-
el. A hearing officer or panel shall be selected as follows:
(a) The hearing officer shall be an impartial, disinterested person se-
lected jointly by the resident and the contractor.
(b) In the event they cannot agree, each will pick one member of a hear-
ing panel; and the members so appointed shall select a third member. If
the members appointed by the resident and the contractor cannot agree
upon a third member, then the third meinber shall come from a communi-
ty based organization mutually agreed upon by the contractor and the res-
ident council.
(c) In lieu of the procedure set forth in subparagraphs (a) and (b) of this
section, a contractor may provide for the appointment of hearing officer
or hearing panel by any method which is approved by the majority of the
tenant council.
(d) In the event the hearing officers or members of the hearing panel
are not lluent in the language most readily understood and spoken by the
resident, the contractor will make a reasonable good faith effort to pro-
vide a translator for the benefit of all parties involved.
NoTE; Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
I. Amendment filed 2-26-82; effective thirtieth dav thereafter (Register 82, No.
9).
§ 7636. Scheduling of Hearing.
The hearing officer or panel shall promptly schedule a hearing for a
date, time, and place reasonably convenient to the parties and shall notify
the parties in writing of the date, time, place, and the procedures govern-
ing the hearing. Hearings shall be conducted no more than ten ( 1 0) work-
ing days after receipt of a request. Resident shall not be required to miss
work in order to appear at the hearing.
NoTE: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effecfive thirtieth dav thereafter (Register
82. No. 9).
Page 362
Register 98, No. 12; 3-20-
Title 25
Department of Housing and Community Development Programs
55 7644
ij 7637, Due Process Hearing.
Al and belorc ihe hearing, the resident shall he entitled to:
(a) Examine before the hearing any doeunienls, regulations, and re-
eords of the conlraelor relevant to the hearing. The contraetor may not,
al the hearing, rely on any doenmeni requested by the resident before the
hearing, but not made available to the resident. If the resident prevails,
the eosl of eopying sueh doeuments shall be paid by the eonlraelor;
(b) Be represented by counsel or other person chosen by the resident
as his or her representative:
(e) Request a private or public hearing:
(d) Present evidence and arguments in support of the grievance, con-
trovert evidence relied on by the contractor and confront and cross-ex-
amine all witnesses on whose testimony or information the contractor re-
lies.
NO'it: Aiilhoritv ciiccl: Section 30710. Health and Safety Code. Reference: Sec-
lion ,30710, Health and Safety Code.
History
I . Ainendnieni of NOTh filed 2-26-82: eflective thirtieth day thereafter (Resister
82. No. 9).
§ 7638. Non-Appearance.
If either party or his/her representative fails to appear at a scheduled
hearing, the hearing officer or panel may decide that the non-appearing
party has waived hi.s/her right to a hearing and shall notify the parties of
the decision. The hearing may be continued to a later date, but no more
than five {5} days, for a good cause.
If the resident does not appear, he can, within five (5) days request that
the hearing be re-opened and any decision already made by the hearing
officer or panel be stayed. Such request shall be granted if the resident
tnakes a showing of good cause for his non-appearance.
NOTI.: Authority cited: Section 50710. Health and Safety Code. Reference: Sec-
tion .S07I0, Health and Safety Code.
Hl.STORY
I . Amendment tiled 2-26-82: effective thirtieth day thereafter (Register 82, INo.
§ 7639. Hearing Procedure, Evidence and Transcript.
(a) The hearing officer or panel shall conduct the hearing informally.
At the hearing, the resident shall first explain why he or she is entitled to
the relief sought in the grievance. Thereafter, the contractor shall sustain
the burden of justifying its action or failure to act against which the griev-
ance is directed.
(b) Oral or documentary evidence relevant to the facts and issues
raised by the grievance may be received without regard to admissibility
under judicial rules of evidence, but with appropriate regard to credibili-
ty, authenticity, relevance, and materiality.
(c) Either party may arrange for a tran.script ofthe hearing at the party's
own expen.se. Any other interested person may purchase a copy of the
transcript if the resident who requested the grievance so permits. Alterna-
tively, upon the request ofthe resident, the hearing may be tape-recorded
and the tape recording will be the official record ofthe hearing and avail-
able as set forth herein.
(d) Except as otherwise provided by this grievance procedure, or as
otherwise provided by agreement of the parties in writing, the hearing
procedure, the hearing decision, and enforcement ofthe decision shall be
governed by the California statutes relating to arbitration agreements and
awards. Code of Civil Procedure, Section 1280 et seq.
Notf:: Authoriiv cited: Section .307)0. Health and Safety Code. Reference: Sec-
tion ,30710. Health and Safety Code.
History
1 . Amendinent of NOTE filed 2-26-82: effeeli ve thiilieth day thereafter (Register
82, No. 9).
§ 7640. Hearing Decision.
(a) The hearing officer or panel may render a decision without pro-
ceeding with the hearing if the hearing officer or panel determines that
the issue presented by the grievance has been previously decided in
another proceeding.
(b) Except as provided in paragraph (a) above, the hearing officer or
panel shall render a decision based solely on the facts presented at the
hearing or by a statement of facts agreed to by the parlies.
(c) The hearing decision shall be written, shall stale the reasons for ihe
decision and shall be sent to the parties within seven (7) working days
after the hearing.
Nori:: Authority cited: Section 30710. Health and Safety Code. Reference: Sec-
tion 307 1 0. Health and Safety Code.
History
1 . Amendment of NOTK filed 2-26-82: effective thirtieth dav therealter ( Register
82. No. 9).
§ 7641. Effect of Decision and Right to Trial De Novo.
The decision of the hearing officer or panel shall be binding on the cc)n-
traetor and resident which shall take actions, or refrain from any actions
necessary to carry out the decision. Nothing contaitied in this grievance
procedure shall constitute a waiver ofthe resident's or contractor's right
to a trial de novo or Judicial review of any couri action.
NOIE: Authority cited: Section 50710. Health and Saletv Code, Relerence: Sec
tion 307 1 0, Health and Sately Code,
History
1, Amendment filed 2026082: elfeetive thirtieth dav therealter (Rciiisier 82. No,
9),
§ 7642. Eviction Actions.
(a) If the grievance involves a contractor notice of termination of ten-
ancy and if the resident has requested a hearing within the time limits spe-
cified above, then the contractor shall not file an unlawful detailer action
until:
(1 ) the hearing officer or panel has upheld the contractor's action to
terminate the tenancy or the hearing has been waived by the resident's
non-appearance;
(2) the hearing decision has been sent to the resident; and
(3) the contractor has sent to the resident a written notice to vacate ihe
premises, following the decision.
(b) The notice to vacate the premises shall specify that if the resident
fails to quit the premises within (\\c (5) days, the contractor will file an
unlawful detainer action against the resident in court, and the resident
may be required to pay court costs.
Note: Authority cited: Section 30710. Health and Safety Code, Relerence: .Sec-
tion 307 1 0, Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter ( Rciiister
82, No, 9).
§ 7643. File of Decisions.
The contractor shall keep a copy of the hearing decision in the resi-
dent's file. The contractor shall also keep a copy ofthe hearing decision,
with names and identifying references deleted, on file for inspectit)n by
any prospective complaining resident, his or her representative or a hear-
ing officer or panel. Any hearing decision reversed by a court of law shall
be noted as such.
NOTE; Authority cited: Section 30710, Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code,
History
1 , Amendment of NOTE filed 2-26-8 1 ; effective thirtieth dav thereaher ( Regi.ster
82, No, 9).
§ 7644. Irregularities; Agreements.
(a) If either the contractor or the resident has failed to proceed in accor-
dance with this grievance procedure, the other party may waive such an
irregularity in procedure for good cause shown.
(b) The parties may agree in writing to follow a different procedure in
the resolufion of a grievance.
NOTE: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 507 1 0, Health and Safety Code,
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth dav thereaher ( Resister
82, No, 9).
Page 363
Register 98, No, 12; .3-20-98
§7645
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7645. Resident's Right to Trial De Novo and Judicial
Review.
History
1 . Repealer tiled 2-26-82; ett'ective thirtieth day thereafter (Register 82. No. 9).
§ 7646. Inapplicability of Procedure.
This grievance procedure shall nol apply to an eviction or termination
of tenancy based upon a resident's creation of maintenance of an imme-
diate threat to the health and safely of other residents or contractor's em-
ployees.
NOTK; Authority cited: Section 50710. Health and Saiety Code. Reference: Sec-
tion 50710. Health and Safety Code.
Hl.STORY
1 . Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
82. No. ')).
Article 5. Rent Raises
§ 7650. Rent Schedule.
(a) The Department shall establish a schedule of rents, which shall
govern the amount of rent paid by residents for occupancy of utiits in mi-
grant housing centers.
( b) The schedule of rents shall be established from a statewide base for
the 1 998 on-season of a rent rale of seven dollars and fifty cents per day
for a two-bedroom dwelling.
(c) If the Department detertnines that it is necessary, the Department
shall establish a modified base rent for a two-bedroom dwelling unit,
which may be as low as four dollars per day. The necessity to modify the
base rent shall be determined based on factors which include, but are not
limited to, the condition of the units: the funding level appropriated by
the Legislature for the purposes of the Department; or the availability of
other funds which subsidize the operation of the center. At the request of
the Department, the contractor shall provide information necessary for
this determination. Decreases in the base rent established pursuant to this
subsection shall be rounded to the nearest twenty-five cents.
< d)( 1 ) In order to assess whether a rent adjustment is necessary for the
subsequent fiscal year, the Departtnent shall develop a Projected Operat-
ing Fiscal Need. The Projected Operating Fiscal Need shall be the differ-
ence between the Projected Operating Costs and the Projected Available
Operating Funding for the subsequent fiscal year, each of which is deter-
tnined as follows:
I A) Total Projected Operating Costs for the subsequent fiscal year
shall be determined as follows:
( 1 ) The current fiscal year operating budget, with modifications based
on cost trends from the two prior fiscal years' actual operating costs, and
further adjusted to account for increases or decreases in the total number
of units projected to be available for the subsequent fiscal year;
(2) The total amount of deferred rehabilitation and repairs anticipated
to be funded during the subsequent fiscal year; and
(3) The total amount estimated to be necessary for an emergency con-
tingency fund, not to exceed 5 percent of the total amounts of subpara-
graphs (1 ) and (2).
(B) Total Projected Available Operating Funding for the subsequent
fiscal year shall be determined as follows:
( 1 ) The current fiscal year's Slate General Fund appropriation for op-
erations;
(2) The projected rent revenues and resources available at the end of
the current fiscal year which were not allocated in a contract;
(3) The projected rent revenue to be remitted to the Department during
the subsequent fiscal year, based upon the current schedule of rents;
(4) Any carry-over funds from Health and Safety Code Section
507 1 0. 1 reserves available at the beginning of the current fiscal year; and
(5) Projected additional private, local. State and federal revenues
available for the subsequent fiscal year.
(2) If a Projected Operating Fiscal Need exists for the subsequent fis-
cal year, the Department shall seek funds from appropriate and available
sources including, bul not limited to, private, local. State and federal rev-
enue sources. If the Department detertnines that sufficient funds will nol
be available from all revenue sources in the amount necessary to fully
offset the Projected Operating Fiscal Need, the Department shall assess
the need to keep all units open for the full duration of the on-seasoti and
thereafter may either adjust the schedule of rents in an amount equal to
fully fund the Projected Operating Fiscal Need or in a lesser ainount if
any projected operating costs can be reduced by reducing any cornponenl
of operating costs or the availability of units.
(3)( A) The Department, through its Contractors, shall notify affected
residents by written notice no less than 60 days prior to the effective day
of the proposed .schedule of rents. In addition, the Department shall in-
struct its Contractors to concurrently post the notice in a visible place at
the rnigrant center. The residents and public shall have a 20-day com-
tnent period after the notice in which to respond to the new proposed
schedule of rents. The notice shall inform the residents of their rights to
inspect and copy records on file with the Department's Contractor which
are related to the request throughout this 20-day comment period. Upon
completion of the 20-day comment period without formal challenge, the
Departmeni shall cause a 30-day notice to be served on the affected resi-
dents of the effective date olthe new schedule of rents; however, the new
schedule of rents shall not become effective prior to the beginning of the
subsequent fiscal year.
(B) If the residents or residents" representative(s) file a notice with the
Department opposing the proposed schedule of rents, the Departmeni
shall consider all opposing comments and make a formal determination
to either adjust the proposed schedule of rents or accept the proposed
schedule of rents. Thereafter, the Department shall cause a 30-day notice
to be served on the affected residents of the effective date of the new-
schedule of rents and the atnounts thereof.
(4) In addition to the other provisions of this subdivision (d). and after
30 days' written notice, the Department may impose an additional rent
rate adjustment increase or decrease during the fiscal year if the amount
of the General Fund appropriation for operating costs in the final State
Budget is significantly different than that provided in the determination
of the Projected Operating Fiscal Need.
(e) When establishing the 1 998 on-season base rent, an additional fifty
cents ($.50) per day shall be charged for a three-bedroom unit, and an
additional one dollar ($ 1 .00) per day shall be charged for a four-bedroom
or larger unit. In any year, any household which occupies more than one
two-bedroom unit shall pay one dollar ($1.00) per day for the second
two-bedroom unit, in accordance with Section 7612 occupancy stan-
dards.
Note: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1. Amendment filed 2-26-82: effective thirtieth day thereafter (Register 82, No.
9).
2. Amendment tiled 11-2-88; operative 12-2-88 (Register 88, No. 46).
3. Amendment of subsections (b) and (c), amendment and redesignation of sub-
section (d) as (d)(1), new subsections (d)(l)(A)-(d)(5)(B) and amendment of
subsection (e) filed 2-22-96; operative 2-22-96 pursuant to Government Code
section 1 1 343.4(d) (Register 96, No. 8).
4. Amendments filed and operative 2-26-96 invalidated by Martinez, v. California
Departmeni of Huusinn ^>^d Community Development, Sacramento Superior
Court No. 96CS 01752 (December 19, 1996).
5. Amendment filed 3-27-97 as an emergency; operative 3-27-97 (Register 97,
No. 13). A Certificate of Compliance must be transmitted to OAL by 7-25-97
or emergency language will be repealed by operation of law on the following
day.
6. Reinstatement of section as it existed prior to 3-27-97 order by operation of
Government Code section 1 1346.1(f)(Register97,No. 31). Emergency amend-
ment filed and operative 3-27-97 invalidated by Orejel v. California Depart-
ment of Housing and Communirv Development, Sacramento Superior Court No.
96CS6l752(May28. 1997).
7. Change without regulatory effect repealing amendments filed and operative
2-26-96 filed 7-31-97 pursuant to section 100, title 1 , California Code of Reg-
ulations (Register 97, No. 31).
8. Editorial correction amending section and HtSTOtiV 6 and adding History 7
(Register98, No. 12).
Page 364
Register 98, No. 12; 3-20-98
Title 25
Department of Housing and Community Development Programs
5j 7653
y. Amcntlnieiil filed 3-I7-9S; operative 3- 17-98 pursuanl lo Govcmiiicnt Code
seelion I 1343.4(d) (Register MX. No. 12).
§7651. Rent Raises.
Nori:: Authoritv eited: Seetion .■SOyiU, Health and Safety Code. ReFerenee: Sec-
lion .'SO? 10. Health and Salely Code.
Hisroin-
1 . Amendment ol'NOTH Tiled 2-26-82: elTeetive thirtieth dav thereafter (Reei.sier
82. nt). 9).
2. Amendment Tiled 1 1-2-88: operative 12-2-88 (Register 88. No. 46).
3. Repealer Tiled 3-17-98: operative 3-17-98 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 98. No. 12).
§ 7652. Requirements.
Non:; Authority cited: Seetion 50710. Health and SaTety Code. ReTerence: Sec-
tion 507 10. Health and SaTety Code.
Hlstory
1 . Amendment oTNOTC Tiled 2-26-82: elTeciive thirtieth day thereafter (Register
82. No. 9).
2. Repealer Tiled I 1-2-88: operative 12-2-88 (Register 88. No. 46).
§ 7653. Special Rent Increases.
(a) The Deparlmeiit .shall approve a contractor-initiated rent increase
of tip to $ I per day per unit at a migrant housing center ifaii of the follow-
ing conditions are met:
( 1 ) The Contractor provides to the resident council for review and
written comment a demonstration of a significant and critical need for the
rent increa.se. hems which may create such a need include health and
safety repairs, rehabilitation, maintenance of units, and increase in oper-
ating costs, other than personnel or administration. The resident council
shall provide cotntnents within 30 days of receipt of demonstration.
(2) After the resident-council provides written comments and at least
-^0 days prior to a hearing on the proposed rent increase, the contractor
provides the residents and the resident council with a written notice, ap-
proved by the Department, which sets forth the proposed amount and
specific purposes of the increase, and the time and date of the hearing at
which the residents may comment on the amount and purposes of the in-
crease. The Department shall approve or disapprove the proposed notice
in writing within 30 days of a request for a review from the contractor.
The hearing shall be held at the center for which the rent increase is pro-
posed, and the written comments of the resident council shall be made
available for review by the residents.
(3) Following the hearing, the contractor provides the Departniient
with the jbllowing items:
(A) A written summary of all written and oral comments by residents
and by resident council and a resolution from the resident council regard-
ing the rent increase and its purpose;
(B) A detailed justification for the cost and nature of actions which ad-
dress the items comprising the need for the rem increase;
(C) Any other relevant information the contractor may wish to pro-
vide.
(4) The Department provides written approval or disapproval of all or
part of the rent increase within 30daysof the receipt of the items required
in subsection (a)(3). The Department's approval shall be based on a de-
termination that the need and the costs of activities, which address the
items comprising the need, are reasonable and valid.
(5) Upon receipt of Department approval of the increase, the contrac-
tor provides at least 30 days written notice to each resident and the resi-
dent council of the increase. This provision does not apply if the contrac-
tor implements the increase in rent at the beginning of the next season
following receipt of Department approval: however, the contractor shall
provide written notice of the following to each resident at the time of the
execution of the lease:
( 1 ) the amount of rent increase from the previous season; and
(2) the standard used to calculate the increase.
(b) The Department shall approve a resident council initiated rent in-
crease of up to $1.00 per day per unit at a migrant housing center if all
of the following conditions are tnet:
( 1 ) The resident council provides notice lo the migrant center residents
of the discussion of a special rent increase 15 days prior [o the resident
council meeting at which the special rent increase will be discussed. The
resident council meeting shall be a public hearing, at which residents in
attendance shall have the opportunity to vole on the proposed special rent
increase.
(2) Following the resident council meeting, the resident council shall
provide to the contractor for review and written comment a demonstra-
tion of a significant and critical need for the rent increase. Items which
may create such a need include health and safety repairs, rehabilitation,
maintenance of units, and increase in operating costs, other than person-
nel or administration. The contractor shall provide the resident council
with coinments and recotnmendations within \5 days of receipt o\' the
demonstration.
(3) Within \5 days of the resident council approval of coi7imeiUs and
recommendations from the contractor, the contractor provides the De-
partment with the following items:
(A) A written summary ol all written and oral comments by the resi-
dents and by the resident council, a record of the vote by center residents
in attendance at the public hearing, and a resolution from the resident
council regarding the rent increase and its purpose:
(B) A detailed justification for the cost and nature of actions u hich ad-
dress the items comprising the need for the rent increase:
(C) Any other relevant information the contractor may wish to pro-
vide.
(4) The Department provides v^'ritten approval or disapproval of all or
part of the rent increase within 30 days of the receipt of the items required
in subsection (b)(3). The Department's approval shall be based on a de-
termination that the need and the costs of activities, which address the
items comprising the need, are reasonable and valid. The Department
shall consider whether the requirements o\' this subsection have been met
and whether the need and the cost of activities addressing the need are
reasonable and valid.
(5) Upon receipt of Department approval of the increase, the contrac-
tor provides at least 30 days written notice to each resident and the resi-
dent council of the increase. This provision does not apply if the contrac-
tor implements the increase in rent at the beginning of next on-season
following receipt of Department approval; however, the contractor shall
provide written notice of the following to each resident at the time of the
execution of the lease:
(1) the amount of rent increase from the previous .season; and
(2) the standard used to calculate the increase.
(c) Any funds collected pursuant to this section shall be obligated by
the Department for use at the center from which they originated, and shall
not supplant any other funds that would have been allocated lo the eenier
for operations or rehabilitation costs. The contractor shall have primary
responsibility for accounting for funds collected pursuant to this .section;
shall remit the funds collected to the Department; and shall report the
name of the center from where the special rents were collected, the dale
the special rents were collected (less any rent refunds) and the net amount
remitted to the Department. Rent collected under this .section shall be re-
mitted by the contractor to the Department by the tenth (10th) of each
month. Upon receipt of the Department's approval, the contractor shall
hold special rents in a special OMS Resident fund account and shall dis-
burse the special rent funds only for the use for which the special rent was
authorized. The contractor shall provide a detailed reporting of the funds
received and expended as required by the Department.
NOTE: Authority cited: Section .50710. Health and Safety Code. Reference: See-
tion 50710. Health and Safety Code.
History
1 . New section filed 1 1-2-88: operative 12-2-88 (Register 88, No. 46).
2. Amendment of subsections (a)(l)-(2), (a)(3)(A). and (a)(5), new subsections
(b)-(b)(5) and subsection relettering, and amendment oT newly designated sub-
section (c) filed 2-22-96; operative 2-22-96 pursuant to Govemmeni Code
seetion 11 343.4(d) (Register 96, No. H).
3. Change without regulatory effect amending subsections (a)( 1 )-(2). (a)(3)(A),
and (a)(5), repealing subsections (b)-(b)(5). sub.seelion relettering, and amend-
Page 364.1
Register 98, No. 12; 3-20-98
§ 7660
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
nient ofnewly designated subsection (c) filed 7-31-97 pursuant to section lOO.
title 1 , California Code of Regulations (Register 97. No. 3 1 ).
4. Amendment filed 3-17-98: operative .3-17-98 pursuant to Government Code
.section 1 1.343.4(d) (Register 98, No. 12).
Article 6. Contractor Responsibilities
§ 7660. Contractor Responsibilities.
Eiach contractor shall provide administrative, fiscal, and management
services, employ staff, and purchase, rent, and use supplies and materials
as needed to operate, maintain, and protect each migrant housing center
in accordance with these regulations and the contract executed between
the Department and contractor.
Norr.; Authority cited: Section .S()710. Health and Safety Code. Reference: Sec-
tion .S07I0. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter (Register
82. No. 9).
§7661. Contracts.
All contracts between the Departinent and any contractor shall be con-
sistent with these regulations, and where there is a conllict, the regula-
tions shall prevail.
NOTE: Authority cited: Section 50710. Health and Safely Code. Reference: Sec-
lion .SO? 10. Health and Safety Code.
History
1 , Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter (Register
82, No. 9).
§ 7662. Maintenance.
Each contractor shall maintain each migrant housing center in a safe
and sanitary condition in accordance with standards prescribed by the
Department, state law, and local ordinance.
Note; Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter (Register
82. No. 9).
§ 7663. Records.
Contractor shall maintain such records and accounts, including prop-
erty, personnel, and financial records, as are deemed necessary by the
Department to ensure a proper accounting of all state and other tnigrant
center funds and shall retain the same for at least three years after the ex-
piration of each annual contract. The Department shall have access to and
the right to examine and audit all reports, records, books, papers, or other
documents related to contractor's performance under each annual con-
tract.
NOTE: Authority cited: Section 50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register
82. No. 9).
§ 7664. Resident Council.
Not more than 30 days after a migrant housing center has:
(a) Become at least 50% occupied; or
(b) Upon petition of 50% of the residing heads of households, contrac-
tor shall assist and encourage the residents of the migrant housing center
to elect from among thein.selves a Resident Council which shall have the
following lesponsihilities:
( 1 ) Elect froin among themselves a chairperson:
(2) Advise the contractor and/or the Department on any inatter perti-
nent to the operation of the migrant housing center;
(3) Represent all residents of the tnigrant housing center on inatters
which properly should be presented to the contractor and/or the Depart-
ment.
No'tE: Authority cited: Section .50710. Health and Safety Code. Reference: Sec-
tion 50710. Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth dav thereafter (Recister
82, No. 9),
§ 7665. Alterations to Migrant Centers.
Each contractor shall not make nor shall permit to be made any sub-
stantial alteration or addition to any migrant center without written con-
sent of the contractor and the Department. This section shall not apply to
facilities owned exclusively by a contractor or other interests and not
meant for the use of migratory agricultural workers.
NoTE; Authority cited: Section .50710, Health and Safety Code. Reference: Sec-
tion 50710, Health and Safety Code.
History
1 . Amendment of NOTE filed 2-26-82: effective thirtieth day thereafter (Register
82. No. 9).
Subchapter 8. California Housing
Rehabilitation Program
Article 1 . General
§ 7670. Purpose and Scope.
(a) This subchapter establishes the California Housing Rehabilitation
Program and implements and interprets chapter 6.5 (commencing with
section 50660) of part 2 of division 3 1 of the Health and Safety Code, and
chapter 12.45 (commencing with section 8878.15) of division 1 of Title
2 of the Government Code.
(b) These regulations establish procedures for the award and disburse-
iTient of loans and establi.sh policies and procedures for use of these funds
to rehabilitate rental housing developments.
(c) Until July 1, 1990. unless extended by statute, all loans from the
Housing Rehabilitation Loan Fund for the rehabilitation of rental hous-
ing, with the exception of loans made pursuant to sections 50671 and
50671.5 of the Health and Safety Code, shall be governed by this sub-
[The next page is 365.]
Page 364.2
Register98, No. 12; 3-20-5
Title 25
Department of Housing and Community Development Programs
^7671
chapter, and this subchapier supersedes provisions of SLibciiaplers 5
(coiiiniencing wiiii section 7400) and 5.5 (commencing with section
7430) of this chapter which conHict with provisions ol' this siibciiapter.
NoMl; Aiithorily cilcd: Section 50668.5. F^eallh and Safety Code. Reference:
Chapter 6.5 (coniniencing with section 50660). part 2. division 31, Health and
Safely Code; and chapter 12.45 (commencing with section 8878.15). division 1.
Tide 2. Government Code.
History
1 . New section Hied 6- 1 2-89 as an emergency pursuant to Health and Safety Code
section 50668. 5(g): operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must he transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, nol con.secutive). see Register 85. No. ^^.
2. New .section reliled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668. 5(g) and Government Code section 1 1.^46. 1(h): operative
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be trans-
milted to OAL within 120 davs or emereenev laneuaee will be repealed on
2-7-90.
.^v New .section lefiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50()68.5(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90. No. 6). A Certitlcate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a) and (c) fded 3-5-90 as an emergency pursuant
to Health and Safety Code section 50668. 5(g); operative 3-5-90 (Register 90.
No. 12). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-3-90.
5. Certificate ot Compliance as to 2-5-90 and .3-5-90 orders including amend-
ment of subsections (a) and (c) transmitted to OAL .5-22-90 and filed .5-29-90
(Regisier9(). No. 29).
§7671. Definitions.
In addition to the delinitions found in chapter 2 (commencing with
section .50050). ol part 1 of division 3 1 of the Health and Safety Code and
subchapter 2 (commencing with .section 69 1 0) of chapter 6.5 ot this Title,
the following definitions shall apply to this subchapter. In the event of a
conflict between these definitions and those, these definitions prevail for
the purposes of this subchapter:
(a) "Assisted unit" means a dwelling unit, or a residential hotel unit,
or a bedroom in a group home or congregate home, designated for occu-
pancy or occupied by eligible households.
(b) "Congregate home" means a single-family hou.se occupied by two
or more households, each of which is capable of independent living but
which chooses to live in one dwelling unit and to share the household re-
sponsibilities, including the maintenance of the staicture and other re-
sponsibilities.
(c) "Conversion" means the alteration of nonresidential space within
an existing structure to dwelling units or residential hotel units in a rental
housing development.
(d) "Debt service coverage ratio" means the ratio of ( I ) operating in-
come less operating expenses to (2) debt service payments, excluding
prepayments.
(e) "Direct or supportive tenant services" means meals, transportation,
recreational and social activities, independent living training, vocational
training, counseling, and similar services provided or organized by the
sponsor or its agent.
(f) "Director" means the Director of the Department of Housing and
Community Development.
(g) "Distributions" means the amount of cash or other benefits re-
ceived from the operation of the rental housing development and avail-
able 10 be distributed pursuant to section 7684 to the sponsor or any party
having a beneficial interest in the sponsor entity, after payment of all due
and outstanding obhgations incurred in connection with the rental hous-
ing development. Distributions do not include payments for debt service,
principal repayment, operations, maintenance, payments to required re-
serve accounts, property management or other services as set forth in the
Regulatory Agreement for the rental housing development.
(h) "Eligible households" means very low-income households or oth-
er lower income households.
(i) "Fiscal integrity" means that the total of operating income plus
funds released pursuant to the Regulatory Agreement froin the operating
reserve account is sufficient to (I ) pay all current operating expenses. (2)
pay all current debt service, (3) fully fund for at least twelve consecutive
months all reserve accounts (other than the operating reserve account) es-
tablished pursuant to the Regulatory Agreement, (4) maintain a debt ser-
vice coverage ratio as specified in the Regulatory Agreetnent. and (5 ) pay
other extraordinary costs permitted by the Regulatory .Agreement. The
ability to pay any or all of the annual permitted distribution shall not he
considered in determining fiscal integrity.
(j) "Fund" ineans the same as defined in .section S878. 1 6(c) of the Gt)v-
ernment Code.
(k) "Group home" means a residential structure t)r structures where
two or more handicapped persons or households reside in a group li\ ing
arrangement and receive direct and supportive services provided under
the supervision or oversight of the local public official responsible for
services to the designated tenant jiopulation, including a residential facil-
ity as defined by section 1 502 of the Health and Safety Code, intermedi-
ate care or skilled nursing facilities are not considered group homes and
are not eligible for funding. For purposes of this definition "handi-
capped" irieans a family in which the head of the household is sufi'ering
from an orthopedic disability impairing personal mobility or a physical
disability affecting his or her ability to obtain employment ora single per-
son with such an orthopedic or physical disability, where the family or
person requires special care or facilities in the home: or person requires
special care or facilities in the home: or a family in which the head of
household suffers froin a developmental disability specified in subdivi-
sion (a) of section 4512 of the Welfare and institutions Code ora mental
disorder which would render him or her eligible to participate in pro-
grams of rehabilitation or social services conducted by or on behalf of a
public agency, ora single person with such a developmental disability or
mental disorder.
(/) "Household income" means the same as "gross income" as defined
in section 6914 of this Title.
(m) "Initial operating year" means the first year of operation, or por-
tion thereof, of the rehabilitated rental housing development beginning
at the time of initial occupancy of an assisted unit and ending on the last
day of the fiscal year of that development.
(n) "Limited equity housing cooperative" means an entity defined by
section 50076.5 of the Health and Safety Code. All requirements in this
subchapter shall be applicable to units and residents of limited equity
housing cooperafives unless the context indicates otherwise.
(o) "Local agency" ineans the same as defined in section 8878. 16(d)
of the Govemment Code.
(p) "Lower income household" means persons or families as defined
in section 50079.5 of the Health and Safety Code.
(q) "Nonprofit corporation" or "nonprofit sponsor" means the same as
"nonprofit corporaUon" as defined in section 50091 of the Health and
Safety Code.
(r) "Operating expenses" means the amount approved by the depart-
ment that is necessary to pay for the essential recurring expenses of the
project, such as utilities, maintenance, management, taxes, and licenses,
and mandatory direct or supportive tenant services but nol including debt
service, required reserve account deposits, or costs for voluntary direct
or supportive tenant services.
(s) "Operating income" means all income generated in connection
with the operation of the rental housing development including rental in-
come for assisted and non-assisted units, rental income from nonresiden-
tial space, laundry and equipment rental fees, rental subsidy payments,
and interest on any accounts related to the rental housing development.
"Operating income" does not include security and equipment deposits,
payments for direct or supportive tenant services that tenants are not re-
quired to pay for as a condifion of occupancy, or tax benefits received by
the sponsor.
(t) "Potentially hazardous building" means the same as defined in sec-
tion 8875(a) of the Govemment Code.
(u) "Program" means the California Housing Rehabilitation Program.
Page 365
Register 90, Nos. 26-31; 8-3-90
§7672
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(v) ■'Project" means a rental housing development, the rehabilitation,
or rehabilitation and acquisition, and operation thereof, using program
funds, and the financing structure and all agreements and documentation
approved in connection therewith.
(w) "Reconstruction" means replacing an existing residential struc-
ture with a rental housing development of similar type, with not less than
an equal number of units and bedrooms and level of amenities.
( X) "Rehabilitation" means repairs and improvements to a substandard
rental housing development necessary to correct defects causing it to be
a substandard building pursuant to section 17920.3 of the Health and
Safely Code, and to meet rehabilitation standards as defined in section
50097 of the Health and Safety Code. Rehabilitation also includes recon-
struction or conversion.
(y) "Rent" means all mandatory charges, other than deposits, paid by
the tenant for the use and occupancy of an assisted unit and any mandato-
ry charge for direct or supportive tenant services in a rental housing de-
velopment, whether the units are rented or operated as a limited equity
housing cooperative. In a group home, when mandatory charges include
direct or supportive tenant services, "rent" means that amount designated
for room charges by the Department of Social Services or other agency
responsible for services to the designated tenant population.
(z) "Rent-up costs" means costs incurred in connection with market-
ing and preparing an assisted unit for occupancy while the unit is on the
housing market but not rented to its first tenant.
(aa) "Rental housing development" means the same as defined in sec-
tion 50668.5(h) of the Health and Safety Code and includes housing for
the elderly or handicapped as authorized in section 50669 of the Health
and Safety Code.
(bb) "Rural area" means the same as defined in section 50101 of the
Health and Safety Code.
(cc) "Seismic rehabilitation improvements" means the same as de-
fined in section 50668.5(b)(5) of the Health and Safety Code.
(dd) "Substandard rental housing development" means a structure or
structures used or intended to be used as a rental housing development
which is a sub.standard building pursuant to section 1 7920.3 of the Health
and Safety Code.
(ee) "Very low-income household" means persons or families as de-
fined in section 50105 of the Health and Safety Code.
Note: Authority cited: Section 30668.5, Health and Safety Code. Reference:
Chapter 6.5 (cominencing with section 50660). part 2, division 31. Health and
Safety Code; and chapter 12.45 (cormnencing with section 8878.15). division 1,
Title 2, Government Code.
History
1 . New section filed 6- 1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of
Compliance must be transmitted toOAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85, No. 3.3.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code .section 50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89, No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment filed 3-5-90 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 3-5-90 (Register 90, No. 12). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency lan-
guage will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsections (b), (f), (k). (1). (s), (w), (x), (y). (aa), (cc) and (dd) trans-
mitted to OAL 5-22-90 and filed 5-29-90 (Register 90, No. 29).
Article 2. Program Requirements
§ 7672. Eligible Project.
(a) To be eligible for funding, a proposed project must involve one or
more of the foUowine structures:
( 1 ) a substandard rental housing development thai will have one or
more assisted units;
(2) a rental housing development eligible for seismic rehabilitation
improvements pursuant to section 7675;
(3) an existing structure that will undergo a conversion and will have
one or more assisted units; or
(4) an existing substandard residential structure that will undergo re-
construction and will have one or more assisted units.
(b) To be eligible for funding, a proposed project must involve either
rehabilitation or seismic rehabilitation improvements.
(c) To be eligible for funding, a proposed group home project inust
have the written support of the local official responsible for services to
the designated tenant population in the jurisdiction in which the proposed
project is located, such as the Mental Health Director or Regional Center
Director, and must be designated by that local official as being an intrin-
sic part of that agency's established service delivery system.
NOTE: Authority cited: Section 50668.5. Health and Safely Code. Reference: Sec-
tions 8875. 8875.1, 8875.2. 8878.20 and 8878.21, Government Code. Sections
19161. 19162. 19163. 50096, .50097, 50660, 50668.5 and 50670, Health and Safe-
ty Code.
History
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safety Code
Section 50668.5(g); operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5. not consecutive), see Register 85, No. 33.
2. New .section refiled 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Govemmenl Code section 1 1346.1(h); operative
10-10-89 (Register 89". No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency languaije will be repealed on
2-7-90.
3. New section retlled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. New subsection (c) filed 3-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g); operative 3-5-90"( Register 90, No. 12). A Certificate
of Compliance must be transmitted to OAL within 120 days or emergency lan-
guage will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-^5-90 orders including amend-
ment of subsection (c) transmitted to OAL 5-22-90 and filed 5-29-90 (Register
90. No. 29).
§ 7673. Eligible Sponsor.
(a) A sponsor shall be any individual. Joint venture, partnership, lim-
ited partnership, trust, corporation, limited equity housing cooperative,
local public entity, duly constituted governing body of an Indian reserva-
tion or rancheria, or other legal entity, or any combination thereof meets
the requirements of subdivision (c).
(b) A sponsor may be organized on a for-profit, including limited
profit, or nonprofit basis.
(c) In order to be eligible for funding, an applicant must be a sponsor
who:
( 1 ) demonstrates ability or experience relevant to owning, rehabilitat-
ing, and operating rental housing through any of the following:
(A) prior ownership, rehabilitation and operation of rental housing;
(B) staff with demonstrated ability or experience owning, rehabilitat-
ing and operating rental housing; or
(C) contracting with a consultant or consultants with demonstrated
ability or experience assisting with the owning, rehabilitation and opera-
tion of rental housing; and
(2) has site control of the proposed project property by one of the fol-
lowing:
(A) fee title;
(B ) a leasehold interest on the project property with provisions that en-
able the lessee to make improvements on and encumber the property pro-
vided that the terms and conditions of any proposed lease shall permit
compliance with all program requirements;
(C) an option to purchase or lease;
(D) a disposition and development agreement with a public agency;
Page 366
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
^7675
(E) a land sales coniract. or oiher enforceable agreemeni for the acqui-
sition of the property.
NOTl- Aulhorilv cited: Section 50668.5. He;iith and Sal'etv Code. Reference: Sec-
lions 50668.5 and 50669, Health and Safety Code.
History
1 . New section filed 6- 1 2-89 as an emcrgeiicv pursuant to Health and Safety Code
section 50668.5(g): operative 6-12-89 (Register 89. No. 24). A CeiliUcate of
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5. not consecutive), see Register 85. No. ?>?<.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Governinent Code section I L'^46.l(h): operative
l()-l()-89 (Register 89. No. 42). A Certiricaie of Compliance must lie trans-
mitted to OAL within 120 days or emertrencv laneuage will be repealed on
2-7-90.
^. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1.^46. 1(h): operative
2-7~9() (Register 90. No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of sub.sections (a) and (c) filed .V5-90 as an emergency pursuant
\o Health and Safety Code section 50668.5(g): operative .'^-5-90 (Register 90.
No. 12). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and .3-5-90 orders including amend-
ment of subsections (a) and (c) transmitted to OAL .5-22-90 and filed 5-29-90
(Register 90. No. 29).
§ 7674. Eligible Uses of Funds.
(a) Funds may he used only for eligible costs that are incurred on the
project as set forth in this section. In addition, the costs must be necessary
and must be consistent with the lowest reasonable cost given consistent
with the project's .scope and area.
(b) Eligible categories of costs include the following:
( 1 ) acquisition of project property, including existing improvetnents,
and costs related to such acquisition;
(2) refinancing of that amount of debt existing at the time of applica-
tion which is necessary to achieve rents for low- and very-low income
tenants in accordance with program requirements and costs related there-
to;
(3 ) reconstruction, when the estimated cost including demolition, con-
struction and related activities is less than the estimated cost of rehabilita-
tion of the rental housing development;
(4) conversion when the resulting units are of modest design and with
modest amenities and when the estimated total rehabilitation cost is less
than the new construction cost of comparable units in the area;
(5) costs of rehabilitation necessary to correct code violations and
those costs directly related to the correction of code violations;
(6) general costs required to correct unsafe, unhealthy and unsanitary
conditions, and which are directly related to the project, including the fol-
lowing:
(A) general property improvements when the sponsor can demonstrate
that such improvements are integral to the project;
(B) work related to protecting the physical security;
(C) work related to reducing long-term maintenance costs;
(D) other on-site and off-site improvements.
(7) seismic rehabilitation improvements, and work directly related
thereto pursuant to section 7675;
(8) architectural, appraisal, engineering, legal and other consulting
costs and fees, which are directly related to the planning and execution
of the project and which are incurred through third-party contracts;
(9) administrative expenses pursuant to section 7680;
( 10) rent-up costs;
(11) carrying costs during construction, including insurance, financ-
ing, and taxes;
( 1 2) building permits and state and local fees;
(13) work lawfully required by a governmental entity which is reason-
ably required as a condition of project approval to correct unsafe, un-
healthy or unsanitary conditions;
(14) relocation benefits and assistance to lower income residential ten-
ants displaced as a result of acquisition and/or rehabilitation. All other
temporary and permanent relocation benefits specified in seclion 768.5
are not eligible uses of program funds;
(15) escrow, title insurance, recording and other related costs.
(c) If only a portion of the rental housing development consists of as-
sisted units, funds from the fund may be used for the costs of all items
specified in subdivision (b) associated exclusively with the assisted
units. They may also be used for a share of the cost of such items that can-
not specifically be allocated lo either assisted units or non-assisted units
or nonresidential space. This share shall not exceed an amount in direct
proportion to the ratio between the gross lloor area of the assisted units
and the total gross lloor area of the structure. No program funds may be
used for costs associated exclusively with non-assisted units or nonresi-
dential space except pursuant to section 7675.
NOTt,: Authority cited: Section 50668.5. Health and Safety Code. Reference: Sec^
tion 50668.5, Health and Safety Code.
History
1. New section filed6-12-89asanemergencv pursuant to Health and Saletv Code
section .50668.5(g); operative 6-1 2-8^9 (Regi.ster 89, No. 24). A Ceiiificaie of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of tormer subchapter 8 (sections
7700-7714.5. not consecutive), see Register 85. No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Government Code seclion 1 1.346. 1(h); operaine
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or einersency laneuaae will be repealed on
2-7-90.
3. New section retlled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668. 5(g) and Government Code .section 1 1.346 1(h): operative
2-7-90 (Register 90. No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of sub.sections (a ). (b)(2) and (c) filed 3-5-90 as an emergency pur-
suant to Health and Safety Code section 50668.5(g); operative 3-5-90 ( Register
90, No. 12). A Certificate of Compliance must be transmitted lo OAL within 1 20
days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment transmitted lo OAL 5-22-90 and filed 5-29-90 (Register 90. No. 29).
§ 7675. Seismic Rehabilitation Improvements.
(a) To be eligible to receive program funds for seismic rehabilitation
improvements, a project must;
(1) be located within the jurisdiction of a local agency that has com-
pleted an inventory of unrein forced masonry buildings and has adopted
a seismic mitigation program or ordinance pursuant to section 8875.2 of
the Government Code or section 19163 of the Health and Safety Code;
(2) involve a structure which is identified as a potentially hazardous
building by the local agency in which it is located; and
(3) involve a structure that contains, or will contain, at least six dwell-
ing or residential hotel units, where at least 70 percent of all dwelling or
residential hotel units will be assisted units and at least 50 percent of the
total gross floor area will be used for residential purposes.
(b) Only program funds allocated pursuant to Government Code sec-
tion 8878.20 may be used for seismic rehabilitation improvements and
work directly related thereto.
(c) If only a portion of the rental housing development consists ol as-
sisted units, no program funds shall be used with respect to the nonresi-
dential space or non-assisted units unless both of the following apply:
(1) The funds are used for seismic rehabilitation improvements and
work directly related thereto; and
(2) The funded activity is integral to the seismic rehabilitation im-
provements and work related thereto being performed on the assisted
units.
(d) Where program funds are used to pay any costs associated with
seismic rehabilitation improvements, and work directly related thereto,
of nonresidential space, cash distributions for the entire structure shall be
limited in accordance with section 7684.
NOTE: Authority cited: Section 50668.5, Health and Safety Code. Reference: .Sec-
tions 19161, 19162. 19163 and 50668.5. Health and Safety Code: and .Sections
8875.1, 8875.2 and 8878.20, Government Code.
History
1. New section filed 6-12-89 as an emergency pursuant to Health and Saletv
Code section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certifi'-
cate of Compliance must be transmitted to OAL within 120 days or the regula-
Page 367
Register90,Nos. 26-31; 8-3-90
5J7676
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
lion will he repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.3, not consecutive), see Register 8.S. No. ."^3.
2. New section rellled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.3(g) and Govemmeni Code section 1 1346.1(h); operative
10-10-89 (Register 89, No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emereency laneuace will be repealed on
2-7-90.
3. New section refiled 2-3-90 as an emergency pursuant to Health and Safety
Code section 30668.3(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90. No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendmentofsuhsections(a)(l). (c) and (d) tiled 3-3-90 as an emergency pur-
suant 10 Health and Safety Code section 30668.3(g); operative 3-3-90 (Register
90. No. 12). A certificate of Compliance must be iransmitled to OAL within 120
days or emergency language will be repealed on 7-.3-90.
3. Certificate of Compliance as to 2-.3-90 and .3-3-90 orders including amend-
ment of subsections (c) and (d ) transmitted to OAL 3-22-90 and filed 3-29-90
(Regisler9(). No. 29).
§ 7676. Term of Loan.
(a) For projects involving rehabililaiion and cither acquisition or refi-
nancing, the initial loan term shall be 30 years. For projects involving
only rehabilitation, the initial loan term shall be 20 years.
(h) Upon request by the sponsor, the department shall approve an ini-
tial loan term longer than those set fotth in subdivision (a) provided that
such longer term does not exceed the useful life of the rental housing de-
velopment as deiennined by the department utilizing general industry
standards.
(c) Upon request by the sponsor, the department may approve one or
more ten-year extensions of the loan terin, if the department determines
prior to granting each extension that both of the following are met:
(1) The sponsor is in compliance with the Regulatory Agreement and
agrees to continue to comply during the extended term; and
(2) The extension is necessary to continue operations consistent with
program requirements.
(d) The departinent may condition each extension on such terms as it
deems necessary to ensure compliance with the requirements of this pro-
gram.
NOTE: Authority cited: Section 30668.3, Health and Safety Code. Reference: Sec-
tions 30668.3 and 30670, Health and Safety Code.
History
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.3(g); operative 6-12-89 (Register 89, No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.3, not consecutive), see Register 83, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89, No. 42). A Cenitkate of Compliance must be trans-
mitted to OAL within 120 davs or emersency lansuase will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346, 1(h); operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (c) and (d) filed 3-5-90 as an emergency pursuant
to Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90,
No. 12). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsection (c) transmitted to OAL .3-22-90 and filed 3-29-90 (Reeister
90, No. 29).
§ 7677. Maximum Loan Amounts.
(a) The maximum loan amounts shall correspond to the \oan limits
provided in subdivision (a)( 1 ) of section 7460 of this Title. The amounts
for a small apartment unit and for a large apartment unit shall be the same
as the limits provided for a small unit and for a large unit. The amounts
for a single-family house shall be the same as the limits for a single-fami-
ly dwelling. (The amounts for a residential hotel unit shall be the same
as those limits shown for a residential hotel unit.)
(b) The loan amount is limited to the amount required when considered
with other available financing, in order to achieve all of the following:
( 1 ) to enable the rehabilitation and either acquisition or refinancing,
or rehabilitation only, of the rental housing development;
(2) to ensure that rents for assisted units are in accordance with pro-
gram requirements; and
(3) to operate in compliance with all other program requirements.
(c) The total maximum loan amount shall not exceed the number of as-
sisted units multiplied by the maximum loan amount for the unit type as
set forth in subdivision (a)(l ) of section 7460 and subdivision (a) of this
section.
(d) The departinent may approve a higher loan amount per assisted
unit if the sponsor is unable to otherwise finance project costs and the de-
partment determines that either of the following circumstances exists:
( 1 ) The higher loan amount for any assisted unit or units is consistent
with the lowest reasonable cost of similar projects in the same area meet-
ing minimum rehabilitation or seismic code standards, other eligible and
necessary costs, and local building and land use requirements; or
(2) The higher loan amount for any assisted unit or units is necessary
to correct severe health and safety defects or to meet handicapped acces-
sibility standards.
NOTH: Authority cited: Section 30668.5, Health and Safety Code. Reference: Sec-
tions 30668.3 and 30670, Health and Safety Code.
History
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85. No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Govemmeni Code section 1 1346.1(h); operative
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emereency laneuaee will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90, No. 6). A Certitleate of Compliance must be transmitted
to OAL within 1 20 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a) and (b)(1) filed 3-5-90 as an emergency pur-
suant to Health and Safety Code section .50668, 5(g); operative 3-.3-90 (Register
90, No. 1 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-3-90.
3. Certificate of Compliance as to 2-3-90 and 3-5-90 orders including amend-
ment of subsections (a) and (b) transmitted to OAL 3-22-90 and filed 5-29-90
(Register 90, No. 29).
§ 7678. Interest Rate and Loan Repayments.
(a) Loans shall bear simple interest of three percent per annuin on the
unpaid principal balance. Interest shall accrue from the date that funds
are disbursed by the department to an escrow holder on behalf of the
sponsor.
(b) Accrued interest shall be payable annually to the department com-
mencing no later than the sixtieth (60th) day after the last day of the initial
operating year and continuing no later than that date annually thereafter
until the loan is paid in full.
(c) Upon request by the sponsor, the department may permit periodic
payments of principal, provided that the resulting additional debt service
will not jeopardize the fiscal integrity of the project or the sponsor's abil-
ity to maintain rents in accordance with program requirements. The de-
partment may approve a repayment plan at loan closing or any lime there-
after, subject to the following:
( 1 ) The repayment plan shall be based on actual or projected net cash
How which shall be calculated by subtracting from total operating in-
come the sum of the atnounts necessary for project fiscal integrity plus
the amount for the allowable distribution to sponsor pursuant to section
7684.
(2) The repayment plan may include provision for an incentive pay-
ment to the sponsor not to exceed the proposed repayment to be applied
to the principal. Such payment to the sponsor shall be in addition to the
sponsor's permitted distribuUon pursuant to section 7684.
(3) The additional debt service and any payments to sponsor under this
subdivision shall not be included in determining compliance with the
Page 368
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
§ 7680
projecl's debt service coverage ralio reqiiircmeiils of Health and Safety
Code section 50668. 5(d).
(d) Upon request by the sponsor, the department may approve, either
at loan closing or any time thereafter, the deferral of accrued interest for
such periods and subject to such conditions as may enable the sponsor to
maintain affordable rents and maintain the fiscal integrity of the project.
(e) The total amount of the outstanding principal and interest, includ-
ing deferred interest, shall be due and payable in full to the department
at the end of the loan term including any extension granted by the depart-
ment, or upon the department's termination of the loan.
Noil,: Aiillioritv cited: Section .^0668,.^. Health and Safety Code. [Reference: See-
lions 50662. .S()668,.s and 5066^). HcaltJi and Salcty Code,
HisroRY
1 , New section tiled 6-1 2-H9 as an emergency pursuant to Health and Safety Code
section 50668, .s(g); operative 6-12-89 (Register 89, No. 24). A Ceilitlcate of
Compliance must be iransniilted lo OAL within 120 days or the regulation will
he repealed on 10-10-89. P\)r history of lormer subchapter 8 (sections
7700-7714.5. not consecutive), sec Register 85. No, .■^3,
2, New section refiled 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Governmeni Code section 1 1 346. 1(h); operative
10-10-89 (Register 89, No, 42), A Cenilieate of Compliance must be trans-
mitted to OAL within 120 days or emerueney laneuatie will be repealed on
2-7-90,
3, New section rel'ilcd 2-.'S-90 as an emergency pursuant lo Health and Safety
Code section .S()668,5(g) and Goveniinenl Code section 1 1346. 1 (hj; operative
2-7-90 (Register 90. No, 6). A Certitleate of Compliance must be transmitted
10 OAL within 120 days or emergency language will be repealed on 6-7-90.
4, Amendment of subsections (a)-(e) filed 3-5-90 as an emergency pursuant to
Health and Safely Code section .S()668,5(g): operative 3-5-90 (Register 90, No.
12). A Certificate of Compliance must be transmilted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5, Ceitifieate of Compliance as to 2-5-90 and .3-5-90 orders including amend-
ment of subsections (a), (b), and (c) transmitted to OAL 5-22-90 and filed
.5-29-90 (Register 90. No, 29).
§ 7679. Loan-to-Value Limits.
(a) The ratio of total indebtedness secured by the project property, in-
cluding the department's loan, to the total after-rehabilitation value of
the project property shall not exceed 90 percent, except when the sponsor
is a nonprofit sponsor, in which case the ratio shall not exceed 100 per-
cent. In the event there is a transfer of the project between a for-profit
sponsor and a nonprofit sponsor, the loan-to-value ratio applicable to the
acquiring party shall apply to the project upon transfer.
(b) The after-rehabilitation value shall be based on an appraisal, un-
dertaken at the sponsor's expense, that
( 1 ) is prepared by an individual who:
(A) has the knowledge and experience necessary to appraise income
property competently;
(B) is aware of, understand, and correctly employs those recognized
methods and techniques that are necessary to produce a credible apprais-
al;
(C) in reporting the results of the appraisal, communicates each analy-
sis, opinion, and conclusion in a manner that is not misleading as to the
true value and condition of the property;
(D) if developing a business appraisal, is aware of, understands, and
correctly employs those recognized methods and techniques that are nec-
essary to produce a credible appraisal;
(E) in reporting the results of a business appraisal, communicates each
analysis, opinion, and conclusion in a manner that is not misleading as
to the true value and condition of the property.
(2) utilizes all of the following methods to determine value:
(A) sales of comparable developments;
(B) capitalization of income;
(C) replacement cost; and
(.3) includes the pre-rehabilitation value, if requested by the depart-
ment.
(c) The department shall not accept any appraisal that does not con-
form to the provisions of subdivision (b).
(d) The department shall accept the valuation from the replacement
cost method as the after-rehabilitation value of the project property when
the department determines that such method accurately retlects suffi-
cient value in the project to meet the loan-to-value limits pursuant to this
section.
NOTL: Authority cited: Section 50668,5. Health and Salelv Code, Relerence: Sec-
tions 50662, 50668.5 and 50670. Health and Sately Code,
HiSTOkV
1 . New section tiled 6-1 2-89 as an emergency pursuant to Health and Salelv Code
section 50668. 5(g); operative 6-12-8^9 (Register 89. No, 24), A Ceiiillcale of
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history ot former subchapter 8 (sections
7700-7714,5. not consecutive), sec Register 85. No, 33,
2. New section retlled 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668. 5(g) and Goyernment Code section 1 1346.1(h): o|ierati\e
10-10-89 (Register H9. No. 42), A Cerlificaie of Compliance inu,si be inins-
mitted to OAL within 120 days or emertiency laneuaiie will be repealed on
2-7-90,
3. New section refiled 2-5-90 as an emergency pursuant to Health and Salel\
Code section 50668, 5(g) and Goyemmeni Code section I 1346.1(h); oiieraiive
2-7-90 (Register 90, No. 6). A Cenilieate of Compliance must be transmilted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (b) tiled .3-5-90 as an emergency pursuant lo Hcallh
and Safety Code section 50668.5(g); operative 3-5-90 (Regisier 90. No, 12),
A Certificate of Compliance must be transmilted to OAL within 120 davs or
emergency language will be repealed on 7-3-90,
5. Ceilitlcate of Compliance as to 2-.5-90 and 3-5-90 orders including amend-
ment of subsection (b) transmitted to OAL .5-22-90 and filed 5-29-90 (Reeis-
ler 90. No, 29),
§ 7680. Administrative Expenses.
(a) Administrative expenses are those expenses incurred by the spon-
sor related to the planning and execution of the project. Such expenses
include, but are not limited to the following:
(1 ) salaries, wages, and related costs of the sponsor's staff engaged in
the planning and execution of the project, including general legal ser-
vices, accounting and auditing relating to the sponsor's operatit)ns, and
financial packaging;
(2) travel costs and other general overhead costs which are attributable
to the project;
(3) expenses for sponsor's administrative .services performed and paid
for under third-parly contracts.
(b) Administrative expenses do not include those legal, architectural,
engineering, or financial fees which are directly related to the planning
and execution of the project and which are incurred by the sponsor
through third-party contracts eligible for funding pursuant to section
7674rb)(8).
(c) Sponsors seeking program funds for administrative expenses shall
include in their application a statement of administrative expenses in-
curred to date, and a budget for anticipated administrative expenses. The
statement and budget shall include sufficient detail and explanation to
permit the department to determine eligibility and reasonableness of the
expenses. The department may include in the loan amount those adminis-
trative expenses shown in the statement and anticipated budget provided
it determines that those expenses are reasonable and necessary consider-
ing the nature and scope of the project.
(d) The department shall not fund administrative expenses in excess
of 10 percent of the approved loan amount unless the sponsor can demon-
strate to the department's satisfaction that costs in excess of this limita-
tion are the result of expenses such as those incurred for architectural, en-
gineering, and legal services, which would otherwise qualify for funding
as consultant services pursuant to section 7674 (b)(8).
NOTE: Authority cited: Section 50668.5. Health and Safety Code. Reference: Sec-
tion 50668.5, Health and Safety Code.
Hlstory
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safely Code
section 50668.5(g); operaUve 6-12-89 (Register 89. No. 24). A Cenilieate of
Comphance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85. No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Sately
Code section 50668.5(g) and Goyernment Code section 1 1346. 1(h); operaiive
10-10-89 (Register 89, No. 42). A Cenificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will be repealed on
2-7-90.
Page 369
Register 90, Nos. 26-31 , 8-3-90
§ 7681
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3. New section let'iled 2-3-90 as an emergency pursuant to Health and Sal'ety
Code section 30668. 5(g) and Government Code section 1 1 346. 1 (h): operative
2-7-90 (Register 90. No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (d) fded 3-5-90 as an emergency pursuant to Health
and .Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No. 12).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 7-3-90.
5. Cenificate of Compliance as to 2-5-90 and .3-5-90 orders including amend-
ment of subsection (d) transmitted to OAL 5-22-90 and fded 5-29-90 ( Reeis-
ter90. No. 29).
§7681. Occupancy Requirements.
(a) A unil in a rental housing development may be designated as an as-
sisied Linil if at the time of initial application:
( 1 ) the unil is occupied by an eligible household:
(2) the unit is vacant and will remain available to an eligible house-
hold: or
(3) a noneligible household residing in the unit has agreed noi to return
to the unit as evidenced by a signed waiver of the tenant's right pursuant
to section 7265.3(d) of the Government Code to return to the unil after
rehabilitation. Any such waiver must be in writing and meet the notice
requirements of section 7685(f).
(b) The sponsor shall designate as assisted units, at a minimum, the
same number of units as were reasonably known to be occupied by eligi-
ble households residing in the rental housing development at the time of
initial application.
(c) All rooms rented in a congregate home, and all rooms designated
for use by the client group in a group home shall be designated for occu-
pancy by eligible households.
(d) The size, type and amenity level of assisted units after rehabilita-
tion shall not substantially differ from the size, type, and amenity level
ol' units as were known to be occupied by eligible households residing in
the rental housing development at the time of initial application to the
program. Units which are reconfigured or enlarged to alleviate over-
crowding shall not be considered a violation of this provision.
(e) A proposed project receiving rating points pursuant to section 7689
for serving very low-income households shall reserve at least this num-
ber of units for occupancy by very low-income households for the full
loan term.
(0 The number, size, type, and amenity level of assisted units, and as-
sisted units designated for very low-income occupancy, shall not be few-
er than the number nor substantially different from the size, type and
amenity level designated in the Regulatory Agreement for the full loan
ternn.
NOTIi: Authority cited: Section 50668.5. Health and Safely Code. Reference: Sec-
tions 50010, 50669 and 50668.5. Health and Safety Code.
History
1 . New section filed 6- 1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1.346.1(h); operative
10-10-89 (Register 89, No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency laneuaae will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 11 346. 1(h); operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsection (d) filed 3-5-90 as an emergency pursuant to Health
and Safety Code section 50668.5(g); operative 3-5-90 (Register 90. No. 12).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsection (b) transmitted to OAL 5-22-90 and filed 5-29-90 ( Regis-
ter 90. No. 29).
§ 7682. Tenancy Standards.
(a) Sponsors shall select only eligible households as tenants of assisted
units. The sponsor shall develop a tenant selection plan for assisted units
which shall be subject to the approval of the department. The plan shall
include the following:
( 1 ) an affirmative marketing plan which shall include policies and
steps to ensure equal access to all housing units in the rental housing de-
velopment for all persons in any category protected by federal, slate or
local laws governing discrimination, and regardless of any other arbi-
trary factor.
(2) reasonable criteria for selection or rejection which shall not dis-
criminate in violation of any federal, state or local laws governing dis-
crimination, or any other arbitrary factor.
(3) prohibition of local residency requirements.
(4) tenant selection procedures that include the following require-
ments:
(A) selection of tenants based on order of application, lottery or other
reasonable method approved by the department;
(B) notification of tenant applicants of eligibility and, based on turn-
over hi.story, when a unit may be available;
(C) notification of tenant applicants of ineligibility to occupy an as-
sisted unit and the reason for the ineligibility; and
(D) maintenance of a waiting list of eligible households applying to
occupy assisted units and if applicable, which distinguishes between
lower and very low-income tenants.
(5) tenant occupancy standards that shall be used by the sponsor upon
both initial occupancy and recertification to determine a tenant's unit
size, as follows:
Unit
Minimum No. of
Size
Persons
in Household
0-BR
1
1-BR
1
2-BR
2
3-BR
4
4-BR
6
5-BR
8
(A) Flexibility for assignment by a sponsor to a different sized unit is
permitted if the sponsor reasonably determines that special circum-
stances warrant such an assignment and the reasons are documented in
the tenant's file.
(B) If at the time of recertification, the tenant's household size has
changed and no longer meets the minimum occupancy standards pur-
suant to this subdivision, tenant household shall be required to move to
the next available appropriately sized unit pursuant to this subdivision.
(b) The sponsor shall submit for Department approval the form of the
rental agreement for assisted units prior to its use. The form shall include
the following:
(1 ) provisions requiring good cause for terminafion of tenancy. One
or more of the following constitutes "good cause:"
(A) failure by the tenant to maintain eligibility under the program;
(B) material noncompliance by the tenant with the lease, including one
or more substantial violations of the lease or habitual minor violations of
the lease which
1 . adversely affect the health and safety of any person or the right of
any tenant to the quiet enjoyment of the leased premises and related proj-
ect facilities;
2. substantially interfere with the management, maintenance, or oper-
ation of the rental housing development;
3. result from the failure or refusal to pay, in a timely fashion, rent or
other charges when due. Failure or refusal to pay in a timely fashion is
a substantial violation of the lease when there is nonpayment of rent or
other financial obligations under the lease after a three-day notice to pay
rent orquit, but such failure or refusal to pay in a timely fashion is a minor
violation if payment is made during the three-day notice period.
(C) material failure by the tenant to carry out obligations under state
or local law;
(D) subletting by the tenant of all or any portion of the assisted unit;
(E) actions or conduct of the tenant constituting significant problems
which can be reasonably resolved only by eviction of the tenant and for
Page 370
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
5} 7683
which the sponsor previously notified the tenant that the conduct in ques-
tion would be considered cause lor eviction. These may include the lel'us-
al alter written notice, to accept reasonable rules or any reasonable
changes in the lease or the refusal to recertify income or household size.
(2) a provision requiring that the facts constituting the grounds for any
eviction be set forth in the notice provided to the tenant pursuant to slate
law;
(3) eslablishnient of grievance procedures for hearing complaints of
tenants and appeal of management action:
(4) a requirement that the tenant annually recertify household income
and si/e.
(c) If, upon notification of tenant or at the time of recertification. the
tenant's household income extends the upper limit for lower income
ht)useholds. the tenant's lease shall terminate six months after the dale of
recertificalion and the tenant shall be required to vacate the assisted unit.
( 1 ) If the tenant provides to the sponsor additional evidence which es-
tablishes income eligibility prior to the expiration of the six months, the
tenant shall not be required to vacate the assisted unit.
(2) Upon determination by the .sponsor that the rental housing devel-
opment is located in a high cost rental area with low rental vacancy rales
as deterinined by the department, the sponsor may approve one addition-
al six-month extension of the lease.
(3) If the assisted unit is subject to slate or federal rules governing low-
income housing tax credits, those eligibility provisions shall govern con-
tinued eligibility for occupancy.
(4) In a limited equity housing cooperative where the household in-
come of a tenant occupying an assisted unit exceeds the upper limit for
lower income households, the tenant shall not be required to vacate the
assisted unit.
(A) After recertification and determination oi' ineligibility, the sponsor
shall immediately notify the tenant that the rent will increase to a market
rate payment six months after said notification. Market rate payment
shall be the rent paid for a comparable unassisted unit, or the rent charged
for comparable units in the area. This market rate payment shall be sub-
ject to department approval.
(B) The next available membership share for occupancy in a compara-
ble unit shall be sold to an eligible household.
(d) If the income of a household residing in a unit designated for occu-
pancy by very low-income households changes from very low-income
to other lower income at the time of recertification, the following shall
apply:
( 1 ) The household shall not be required to vacate the unit;
(2) The sponsor shall charge rent that does not exceed the highest cur-
rent rent allowed for any comparable assisted unit designated for occu-
pancy by lower income households pursuant to section 7683, or where
there are no such units, the maximum rent which would be allowed pur-
suant to section 7683;
(3) The sponsor shall designate the unit as an assisted unit for lower
income households until the lower income household vacates the unit:
and
(4) The sponsor shall designate the next available comparable assisted
unit as an assisted unit for very low-income households units the unit inix
required by the Regulatory Agreement is achieved.
(5) In a limited equity housing cooperative, where the tenants in an as-
sisted unit designated as a very low-income unit becomes an other low-
er-income household, the sponsor shall comply with the provisions of
subdivisions (d)(l ) through (d)(4).
NOTE: Aiithoritv cited: Section 50668. .">, Health and Safety Code. Reference: Sec-
tions 500 10. 50668.5 and 50670. Health and Safety Code.
History
I . New section filed 6- f2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-90 (Register 89. No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency lan-
guage will be repealed by operation of law on 10-10-89. Forhistory of former
subchapter 8 (sections 7700-77 14.5. not consecutive), see Register 85, No. 33.
2. New section filed 1 0-6-89 as an emergency pursuant to Health and Saiei\ Code
section 50668.5(g) and Government Code section 11346.1(h|: operali\e
10-10-89 (Register 89. No. 42). A Ceinficaie of Compliance musi be trans-
mitted to OAL within 1 20 days or emergency language will be repealed by oper-
ation oi law on 2-7-90.
3. New section refiied 2-5-90 as an emergency pursuant (o Health and Safety
Code section .50668.5(g) and Government Code .seclion i 1346. 1(h); operative
2-7-90 (Register 90. No. 6). A Ceilificate of Compliance musi be transmilted
10 OAL within 120 days or emeiiiencv language will he repealed h\ operation
of law on 6-7-90.
4. Amendment of subsections (a)( !)( D) and (H) filed 3-5-90 as an emergency pur-
suant to Health and Safely Code seclion 50668.5(g); operaiive 3-5-90 ( Register
90, No. 12). A Certificate of Compliance must he transmilted 10 OAL v\ it hin 120
days or emergency language will be repealed on 7-3-90.
5. Ceilificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsection (b) transmilted to OAL .5-22-90 and filed 5-29-90 (Regis-
ler9(). No. 29).
§ 7683. Rent Standards.
(a) The department shall establish initial rent for assisted units in each
project in accordance with the tables in section 6932 and the following:
1 1) Rents for units reserved for occupancy by lower income house-
holds shall not exceed 30 percent of 60 percent of ihe monthly area me-
dian income for the household size specified in subsection (a)(2) below
at the time of initial occupancy.
(2) The household size to be, used in calculating maximum rent shall
vary based on unit size as follows:
Applied hie 1 1 ousel K 'Id
Size to Determine
Income Limit
75 percent of I person, which
may be multiplied by
2 for group homes if there are
2 occupants per bedroom
1 person
2 person
3 person
4 persons
6 persons
8 persons
(3) The maximum rent to be charged to tenants shall be determined by
deducting from the maximum amounts calculated pursuant to (a)( I ) and
(a)(2) a utihty allowance (for the appropriate unit size) deterinined or ap-
proved by the United States Deparimeni of Housing and Urban Develop-
ment under section 8 of the United States Housing Act of 1937. .section
14371", Title 42 U.S. C, for the locality in which the rental housing devel-
opment is located. Where a tenant does not directly pay for utilities, the
utility allowance deduction shall be zero.
(4) As used in this section "rent" does not include any payment to a
sponsor under section 8 of the United States Housing Act of 1 937, section
I437f, Title 42 U.S.C., or any comparable federal or state rental assis-
tance program.
(5) For an assisted unit occupied by an eligible household at the time
of initial application to the program, the after-rehabilitation rent may not
exceed the greater of (i) the rent charged at the time of initial program
application, or (ii) 25% of the subject tenant household's monthly gross
income. In no event is the rent to exceed that which could be charged pur-
suant to subdivision (a)(1), (2), and (3) above.
(b) After the initial operating year, rents in assisted units may be ad-
justed no more often than annually. The amount of adjustment lor as-
sisted units shall be in accordance with the following:
(1) Rents may be increased at a rate not to exceed the most recently
published annual average percentage change in the United States Depart-
ment of Labor, Bureau of Labor Statistics Consumer Price Index, Resi-
dential Rent for All Urban Consumers for the West (CPI), multiplied by
the ratio of the previous year's budgeted operating expenses plus re-
quired reserves to the previous year's operating income attributed to resi-
dential units;
(2) In addition to the rent increase allowed pursuant to subdivision
(b)(1), rents may be increased by that amount necessary to increase the
Unit Size
residential hotel
unit or
bedroom in a group home
or congregate home
0 bedroom
1 bedroom
2 bedrooms
3 bedrooms
4 bedrooms
5 bedrooms
Page 371
Register 90, Nos. 26-31; 8-3-90
S 7684
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
operating income to cover changes in debt service on an adjustable rate
mortgage approved by the department as part of the project;
(3) Notwithstanding the provisions of subdivisions (b)( 1) and (b)(2).
rents shall be decreased if there are changes in debt service approved by
the department after loan closing when such changes improve the finan-
cial condition of the project. The rent shall be decreased by an aggregate
amount equal to the amount of the monthly payment reduction.
(4) Except as provided in section 7685(e)( 1 ), the first adjustment after
the initial operating year shall be prorated based on the allowable rent in-
crease multiplied by the fraction of a full year which constitutes the initial
operating year.
(c) The sponsor may request for a greater rent increase if the sponsor
can demonstrate, to the department's satisfaction, that the increase is nec-
essary to pay for unusual or unforeseeable increases in costs related to the
assisted units and to preserve fiscal integrity. The sponsor may not re-
ceive a greater rent increase on the grounds that fiscal integrity is threat-
ened by a shortfall in income, unanticipated expenses or other financial
problems attributable to nonresidential space or nonassisted units.
(d) Any allowable rent increase or portion thereof not implemented by
the sponsor in any given year may not be accumulated for implementa-
tion in subsequent years.
(e) Where the assisted units are rent restricted as a condition of the
low-income housing tax credit or other state and federal rent subsidy pro-
grams, the initial rent for assisted units and subsequent rent increases
shall be the lower of those permitted under subdivisions (a), (b), or (c).
or those permitted under the applicable tax credit or other programs.
(f) The sponsor shall submit requests for rent adjustments pursuant to
subdivision (c) above as part of the annual operating budget pursuant to
section 7696.
NOTF,: Authority cited: Section 50668.5. Health and Safety Code. Reference: Sec-
tions 50668.5 and 50670, Health and Safety Code,
History
1 , New section filed 6- 1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89. No. 24), A Certiilcate of
C'ompliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89, For history of former subchapter 8 (sections
7700-7714,5, not consecutive), see Register 85, No, 33,
2, New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668,5(g) and GovemmenT Code section 11 346,1 (h): operative
10-10-89 (Register 89, No, 42), A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will be repealed on
2-7-90,
3, New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section .50668, 5(g) and Government Code section 11. 346, 1(h); operative
2-7-90 (Register 90, No, 6), A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90,
4, Amendment of subsections (a)( I )(D) and (E) filed 3-5-90 as an emergency pur-
suant to Health and Safety Code section 50668, 5(g); operative 3-5-90 (Register
90, No. 1 2), A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 7-3-90,
5, Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsection (a), (b), and (c) transmitted to OAL 5-22-90 and filed
5-29-90 (Register 90, No. 29),
§ 7684. Limits on Distributions.
(a) A sponsor shall be limited to an annual distribution on the sponsor's
actual investment in the project in an amount not to exceed eight percent
per annum. A sponsor may not accumulate distributions from year to
year.
( 1 ) For a project involving only rehabilitation and no acquisition or re-
financing, actual investment is determined as follows: the market value
of the rental housing development prior to rehabilitation, as determined
in an appraisal, Jess outstanding debt prior to rehabilitation, plus any cash
contributions to the project made by the sponsor.
(2) For a project involving rehabilitation and either acquisition or refi-
nancing, actual investment is the amount of any cash contributions to the
project made by the sponsor. Cash contributions do not include govern-
ment assistant or private donations, other than the sponsor's, to the proj-
ect.
(b) In its initial operating budget, the sponsor shall demonstrate to the
department the amount of the sponsor's actual investment in the residen-
tial portion of the project on which the allowable distribution will be cal-
culated. The actual investment amount may be increased in subsequent
budgets upon a showing of additional actual investment other than pre-
payments of principal advanced by the sponsor.
(c) Distributions shall be permitted only after the sponsor submits a
complete annual report and operating budget and the department deter-
mines that the report and budget demonstrate compliance with all pro-
gram requirements for the applicable year.
(d ) Distributions attributed to the nonresidential space shall not be sub-
ject to limits pursuant to this section, except where program funds have
been used for nonresidential space pursuant to section 7675(c), Where
program funds have not been used pursuant to section 7675(c), then for
purposes of calculating allowable distributions, operating income and
expenses shall not include income or expenses from nonresidential
space.
(e) No distributions shall be made in the following circumstances:
( 1 ) when written notice of default has been issued by any entity with
an equitable or beneficial interest in the rental housing development;
(2) when the department determines that the sponsor has failed to com-
ply with the department's written notice of any reasonable requirement
for proper maintenance or operation of the rental housing development:
(3) if all currently required debt service and operating expenses have
not been paid;
(4) if the replacement reserve account or any other reserve accounts
aie not fully funded pursuant to section 7696 and the Regulatory Agree-
ment.
(f) When operating income is greater than approved operating ex-
penses, debt service, scheduled reserve deposits, approved prepayments,
approved annual distributions, and any other disbursements approved by
the department, then the sponsor shall pay such excess income into the
Residual Receipts Account established pursuant to section 7697. Where
program funds have not been used for costs attributable to nonresidential
space pursuant to section 7675(c) and for purposes of calculating the
amount of excess funds pursuant to this subdivision, operating income
and expenses shall not include income or expenses from nonresidential
space.
NOTE: Authority cited: Section 50668,5. Health and Safety Code, Reference: Sec-
tions 50668.5 and 50670. Health and Safety Code,
History
1, New section filed 6-12-89 as an emergency pursuant to Health and Safety Code
section 50668, 5(g); operative 6-12-89 (Register 89, No, 24), A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89, For history of former subchapter 8 (sections
7700-7714,5, not consecutive), see Register 85. No, 33,
2, New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89. No, 42), A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emeraency lanauage will be repealed on
2-7-90,
3, New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668, 5(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90. No, 6). A Certificate of Compliance must be transmitted
to OAL within 1 20 days or emergency language will be repealed on 6-7-90,
4, Amendment filed 3-5-90 as an emergency pursuant to Health and Safely Code
section 50668, 5(g); operative 3-5-90 (Register 90. No, 12), A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency lan-
guage will be repealed on 7-3-90,
5, Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsections (a), (b). (d) and {() transmitted to OAL 5-22-90 and filed
5-29-90 (Register 90. No, 29).
§ 7685. Relocation Requirements.
(a) it shall be the sponsor's responsibility to ensure compliance with
the relocation provisions set forth in this section. Loan funds may be used
for relocation costs attributable to the lower income tenants as a result of
the rehabilitation activities, including the payment of benefits required
by this section. The department may authorize increases in the sponsor's
approved loan amount for the purpose of paying eligible relocation costs
attributable to lower incoirte households, which could not be reasonably
Page 372
Register 90, Nos, 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
i^7686
loicsccn by the sponsor at ihc time ol' application. Eligibility and reloca-
tion benefits shall be determined as set forth in this section, although ad-
ditional requirements may be imposed by applicable federal, state, or lo-
cal laws.
(b) All tenants in occupancy in a property who are permanently dis-
placed as a direct result of an acquisition funded in whole or in part with
program funds shall be entitled to relocation benefits as provided in chap-
ter Id (commencing with section 7260) of division 7. Title I of the Gov-
ernment Code.
(c) in the case of an acquisition funded in whole or in part with pro-
gram funds, all existing residential tenants as well as residential tenants
who were in occupancy on the date that the sponsor entered into the bind-
ing agreement for the purchase of the property shall be provided with a
notice as specified herein no later than the date of application to the de-
partment for program funds. The notice shall contain all the following in-
formation:
( 1 ) a statement that the sponsor has entered into an agreement to pur-
chase the property;
(2 ) a statement that the sponsor is applying for public funds for the pur-
pose of acquiring and rehabilitating the property:
(3) a statement that if the sponsor's application is funded and the reha-
bilitation work requires temporary relocation, all residential tenants will
be entitled to return to their units; will be entitled to temporary relocation
benefits; and if lower and moderate income, will have any rent increases
limited to a total rent of no more than 2.^ percent of their incomes for a
period of one year I'rom the completion of the rehabilitation work;
(4) a statement that all residential tenants who are permanently dis-
placed as a direct result of this acquisition may be entitled to financial
benefits, which could include moving expenses and rent differential as
required by law;
(5) a statement that if the application is funded, the sponsor will be re-
quired as a condition of funding to conduct a tenant survey including ver-
ification of tenants' incomes. A tenant's failure to provide complete and
accurate information may result in the loss of some of the financial bene-
fits described above;
(6) a statement indicating who to contact for further information or to
make a claim.
(d) Any residential tenant who was in occupancy at the time of applica-
tion to the department for funds and who is displaced to accommodate
rehabilitation work shall be provided with temporary housing benefits
for a period of up to 90 days, and shall be given the option of returning,
after rehabilitation, to the unit from which he or she was displaced.
(e) Any residential tenant whose household income is lower or moder-
ate as defined in section 50093 of the Health and Safety Code shall be en-
titled to the following benefits and shall be subject to the following addi-
tional provisions:
( 1 ) After-rehabilitation rents shall not be raised to a level which ex-
ceeds 25 percent of thai household's income for 12 months subsequent
to the completion of rehabilitation. A tenant whose income is lower or
moderate, but refuses to provide the income informadon necessary to es-
tablish rents pursuant to this paragraph shall not be eligible for relocation
benefits due to an increase in rent in excess of that permitted by this para-
graph. Income surveys to ensure compliance with the requirements of
this paragraph and applicable relocation laws shall be completed prior to
disbursement of program funds.
(2) A residential tenant or household whose income is lower or moder-
ate shall be entitled to all relocation benefits provided pursuant to chapter
16 (commencing with section 7260) of division 7 of Title I of the Gov-
ernment Code if such tenant or household is permanently displaced as a
direct result of the rehabilitation work.
( 3 ) A residential tenant or household whose income is lower or moder-
ate and whose temporary displacement exceeds 90 days shall be deemed
permanently displaced and may elect to receive benefits on a monthly ba-
sis while retaining the right to reoccupy the previously occupied unit.
When a tenant elects to receive his or her permanent relocation benefits
pursuant to this paragraph on a lump sum basis, ihc lenani shall have
waived his or her right to return to the unit upon completion of the reha-
bilitation.
(f) All residential tenants shall be given a notice which specifies their
rights pursuant to this section no later than the time of application to the
department for program funds. Any tenant's waiver of a right sel forth in
this section must be in writing and must specify in detail Ihe relocation
rights being waived.
(g) Any nonresidential tenant al the time of application by the sponsor
to the department for program funds shall he entitled to rek)cation assis-
tance and benefits to the extent required by applicable law from funds
other than program funds.
(h) The sponsor shall prepare a relocation plan in conlbrmance with
the provisions of section 6()38(b) of this Title based on the scope of the
project and the extent o\' anticipated displacement. The relocation plan
shall be subject to the review and approval of the department prior to the
disbursement of program funds.
NOTl£; Aiilhorily cited: Section 50668. .'S, Health and Safety Code. Reference: Sec-
tions 7260. el seq.. Government Code: and Section 5066X.5. Health and Salety
Code.
HlSTOt^Y
1 . New section tiled 6-1 2-89 as an emergency pursuant to Hcallti and Salet v Code
section 50668.5(g): operative 6-12-89 (Register 89. No. 24). A Ceiiifieate ol
Compliance must be transmitted io OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of foriner subchapter 8 (sections
7700-7714.5. not consecutive), see Register 85. No. 33.
2. New section refiled 10-6-89 as an emergency pursuant lo Health and Safely
Code section 50668.5(g) and Government Code section 1 1. '^46. 1(h); operative
10-10-89 (Register 89. No. 42). A Ceiiifieate of Compliance must be trans-
nutted to OAL within 120 days or emereeney lanmiaee will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h): operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (b). (d) and (g) filed 3-.5-90 as an emergency pur-
suant to Health and Safety Code section 50668.5(g): operative 3-5-90 ( Register
90. No. 12). A Certificate of Compliance must be transmitted lo OAL within 120
days or emergency language will he repealed on 7-3-90.
5. Certificate of Compliance as to 2-.5-90 and 3-.5-90 orders including amend-
ment of subsections (b). (d) and (e) iransmilted lo OAL 5-22-90 and filed
5-29-90 (Resister 90, No. 29).
§ 7686. Construction Requirements.
(a) The department shall review and underwrite project plans and
specifications to ensure the following objectives:
(1) The rental housing development shall have a minimum useful life
of 20 years for projects proposing only rehabilitation and 30 years for
projects proposing rehabilitation and either acquisition or refinancing;
and
(2) Maintenance, repair, and replacement costs shall be minimi/ed
during the useful life of the rental housing development.
(b) The sponsor shall ensure that the rehabilitation work for the project
all be performed in a competent, professional manner at the lowest rea-
sonable cost consistent with the project's scope and locality and not in
excess of the total funds available. The .sponsor may demonstrate the rea-
sonableness of the proposed cost by soliciting bids based on a bid pack-
age distributed to potential licensed contractors located in the general
area of the rental housing development or by the use of other methods
which adequately demonstrate to the departtnent's satisfaction that the
costs are reasonable. Such bid package or other method shall include at
a minimum:
(1 ) complete plans and specifications for the work; and
(2) a full description of the program requirements for rehabilitation,
including the required provisions of the construction contract.
(c) The sponsor shall only enter into written contracts with contractors
possessing valid California contractor's licenses. The contract shall be
subject to the prior approval of the department to determine compliance
with program requirements.
Page 373
Register 90, Nos. 26 - 3 1 ; 8 - 3 - 90
§ 7687
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) The constriiction coniracl shall be a completely integrated agree-
ment containing all the understandings, covenants, conditions and repre-
sentations between the parties and. at a minimum, contain provisions
which:
( 1) require that the contractor complete the work in accordance with
the approved plans and specifications and applicable local, slate and fed-
eral laws, regulations and building codes and standards;
( 2) require the contractor to proceed with and complete the work in ac-
cordance with the approved schedule for work;
(3) specify a total contract price consistent with the approved project
budget;
(4) provide for a method of payment to the contract or consistent with
program requirements which may include progress payments and reten-
tions;
(5) require that the contractor provide a payment bond securing pay-
ment to persons providing goods or services to the project and a perlbrm-
ance bond securing faithful completion of the work. Each bond shall be
in an amount equal to 50 percent of the total contract price and include
the department as a dual obligee. The department may waive the payment
and performance bond requirements, or reduce their scope, upon the
sponsor's either:
(A) providing alternative security for payment and performance under
the construction contract which is substantially equivalent to the bond re-
quirements, or
(B) demonstrating that the bonds, or the full amount thereof, are not
necessary to protect the interests of the department and ensure comple-
tion of the rehabilitation work;
(6) permit the sponsor and the department and their designated agents
and employees the right to inspect the project site and all books, records
and documents maintained by the contractor in connection with rehabili-
tation work;
( 7)( A) require the contractor to maintain insurance coverage in the fol-
lowing amounts:
1. Comprehensive General Liability Insurance in a minimum amount
of $1,000,000 including: premises, operations, products/completed op-
erations hazard, contractual insurance, independent contractor's protec-
tion, and personal injury, or their equivalent;
2. Broad Form Property Damage in a minimum amount of coverage
equal to the total of all existing loans secured against the property;
3. Comprehensive Automotive Liability, including bodily injury of
$1 .000.000 per occurrence and per person and $1 ,000,000 or the total of
existing loans secured against the property, whichever is greater, in Prop-
erty Damage coverage;
4. Worker's Compensation and Employer's Liability Insurance to the
extent required by State law.
(B) require the contractor to provide prior to the commencement of
construction proof of coverage as evidenced by a Certificate of Insurance
or a binder followed by a Certificate within thirty days.
(C) require all policies to include the sponsor and the department and
its officers, agents, and employees, named as additional insureds.
(D) require the policies to include a cancellation clause notifying the
department 30 days prior to cancellation of the policies. The department
may approve alternate amounts of coverage based on the size of the proj-
ect and scope of work to be performed.
(8) obligate the contractor to warrant the rehabilitation work for a peri-
od of not less than one year;
(9) require that the contractor pay all amounts when due for labor,
work performed under subcontract, or materials, supplies and equipment
provided to the project;
(10) provide for the assignment of the construction contract to the de-
partment upon sponsor's breach of the Rehabilitation Loan Agreement;
(11) include such special conditions applicable to the constniction
contract as may have been imposed in connection with the department's
approval of the project for funding;
(12) require that the general contractor require all subcontractors to
maintain similar insurance coverage as mentioned above, with the excep-
tion that the subcontractor" insurance need not name the sponsor or the
department as additional insureds, and the minimum amount of coverage
shall be $500,000.
(e)( I ) The sponsor shall insure the property before, during, and after
construction at the following minimum levels:
(A) Hazard (property) insurance to include:
1. all risk, or fire and lightning, extended coverage, vandalism and ma-
licious mischief, or equivalent;
2. coverage of the entire structure to include all risk contents coverage;
3. replacement cost coverage or total value;
4. a maximum deductible per occurrence of $2,500, or $1,000 if the
completed project value is less than $300,000;
5. a lenders loss payable endorsement insuring the department.
(B) Other property insurance to include:
1 . Flood insurance with coverage insuring to 80% of replacement cost
if the property is located in a 100 year flood plain;
2. Steam boiler and related machinery coverage insuring to 80% of re-
placement cost when applicable.
(C) Comprehensive General Liability insurance coverage, to include
$1,000,000 per occurrence or $2,000,000 per occurrence for buildings
with elevators.
(D) Other insurance coverage to include Loss of Rents coverage insur-
ing 75% of annual gross rent receipts, and Worker's compensation as re-
quired by State law if employees are involved.
(2) The sponsor shall provide to the department prior to disbursement
of funds evidence of such insurance coverage in the form of a Certificate
of Insurance or binder followed by a certificate within 30 days.
(3) All policies must include the department, its officers, agents, and
employees, named as additional insureds.
(4) The policies must include a cancellation clause notifying the de-
partment 30 days prior to cancellation of the insurance policy.
(5) The department may approve alternate amounts of coverage based
on the size of the project and scope of work to be performed.
NOTE; Authority cited: Section 50668.5, Health and Safety Code. Reference: Sec-
lion 50668.5. Health and Safety Code.
History
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safety Code
section ,S0668.5(g); operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-77 14. .5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section .50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency ianeuage will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 1 20 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No.
12). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsection (b), (c), (d), and (e) transmitted to OAL 5-22-90 and filed
5-29-90 (Register 90. No. 29),
Article 3.
Application for Funding
Procedures
§ 7687. Application Process.
(a) The department shall issue a Notice of Funding Availability
(NOFA) which specifies the amount of funds available, application re-
quirements, the allocation of rating points, and the general terms and con-
Page 374
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
^76S8
dilions orrunding cornmitnicnls. Applications in response toeach NO'FA
will be accepted on a continiiOLis basis.
(b) Within 30daysortlie receipt ofan application, the department shall
provide the applicant with written notice whether the application is com-
plete pursuant to section 7688(c). If the application is not complete, the
notice shall specily the information or documentation necessary to com-
plete the application.
(c) Applications shall be ranked at least quarterly.
(d) The department shall process a complete application within 60
days.
( 1 ) Within 30 days of the determination by the department that an
application is complete, the department shall provide the applicant v^'ith
written notice whether the application has qualified for ranking pursuant
to section 76S9(ci. If the application does not qualify for ranking, the no-
lice shall provide an explanation of the rating and of the reasons for dis-
qualification.
(2) Within 30 days of providing notice that an application qualifies
pursuant to .section 7689(c). the department shall provide the applicant
with written notice whether an application qualifies for landing pursuant
10 section 7689(d). If an application does not qualify for funding, the no-
lice shall include an explanation of the ranking and the reasons for the
disqualification.
(e) Projects .selected for funding shall be approved at loan amounts,
terms, and conditions specified by the department.
( f ) The department shall allocate not less than 20 percent of the monies
from the fund to projects located in rural areas. If necessary, the depart-
ment may do the following:
( 1 ) issue a special NOFA for rural projects;
(2) award bonus points to rural projects;
(3) reserve a portion of funds specified in the NOFA for rural projects.
(g) The department's minimum, median, and maximum times for pro-
cessing an application, from the receipt of the initial application to the fi-
nal funding decision are as follows:
minimum: 60 days
median: 120 days
maximum: 180 days
NOTt-;: Authority cited: Section 50668.5. Health and Safety Code. Reference: Sec-
tion 50668.5. Health and Safety Code.
History
1 . New section filed 6- 1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5. not consecutive), .see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or einereency language will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668. 5(g) and Government Code section 1 KM6.1(h); operative
2-7-90 (Register 90. No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g); operative .V5-90(Register90. No.
12). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Cenificate of Compliance as to 2-.5-90 and 3-5-90 orders including amend-
ment of subsection (b). (d) and (si) transmitted to OAL .5-22-90 and filed
.5-29-90 ( Register 90. No, 29).
§ 7688. Application Requirements.
(a) Application shall be made on form HCD 779, "Rental Loan Appli-
cation, California Housing Rehabilitation Program (CHRP)," dated
12/89, as set forth in subsection (b). This form is provided by the depart-
ment.
(b) HCD 779. "Rental Loan Application, California Housing Rehabil-
itation Program (CHRP)," 12/89:
HCD 779, 12/89
RENTAL LOAN APPLICATION
CALIFORNIA HOUSING REHABILITATION PROGRAM (CHRP
Loan for (check all applicable):
Seismic Rehabilitation
Acquisition Retinancin^j
. General Rehabilitation C\)n-
version Reconstruction for Residential Hotel for
Single Family Rental for Multi-Family Rental lor Group
Home for Congregate Home Building includes nonresiden-
tial space
SECTION 1: GENERAL INFORMATION
A. APPLICANT
1 . Name
Address
(Street)
(City)
(Zip)
Phone (
Chief Executive (if applicable)
(Name)
(Title)
Years in Existence (if applicable)
Contact Person
Phone ( )
The Applicant is a (check one):
[ ] individual
[ I limited partnership
[ I for-profit corporation
[ I public agency
[ I nonprofit corporation
[ I general partnership
I joint venture
I limited equity housing
cooperative
I Indian reservation or
rancheria
I other (specify)
8. Is any transfer of ownership to any other entity (e.g. syndication) planned
prior to post-rehabilitation occupancy? Yes No
9. Unless applicant is a public agency, label as " 1 : FINANCIALS." If joint ven-
ture, include separate documents for each partner. If partnership, include
statements for the general partners.
10. Complete enclosed Development Qualifications torm. Attach and label as "2:
DEVELOPMENT QUALIFICATIONS."
1 1 . Proposed term of loan and term of rent and occupancy restrictions:
A. Rehabilitation only: ( ) 20 years ( ) other:
B. Acquisition/Refinancing & Rehat)iiitation: ( ) .^0 years ( ) other:
C. How many years in addition to the minimum required by Section 7676(a)
ot the regulations are you committing to maintain rent and oecupancv re-
strictions similar to program restrictions?
B.
].
PROJECT SUMMARY
Project Name
~)
Location
(Street)
(City)
(County) (Zip)
3.
Assembly District:
Amount and use of CHRP funds (c
Senate
omplete a
Distnet:
4.
ifter completing Section III. page
9):
Acquisition
S
Refinancing
S
Constniction
$
Construction Fees
$
Cartying Charges
s
General Dev Costs (except admin.
,)
$
Syndication Costs
s
Admin. Costs
$
TOTAL
$
Describe below the tenant population expected to reside in the development
after completion of rehabilitation. Specify any pn)po,sed limits on occupancy,
(Sections 7681 and 7682 of the CHRP regulations list the program's require-
ments.) (Add pages if necessary.)
Is the residenfial portion of the structure currently vacant?
Yes No
Is the nonresidential portion of the structure currently vacant? Yes No
Page 375
Register 90, Nos. 26-31; 8-3-90
§ 7688
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
If yes to cither of the above:
When did it become vacant?
What v\'as its last use?
a. For all projects, attach and label the endorsed troin ■"3: OCCUPANCY
& [^HLOCATION."
b. Include in Attachment 3, one copy ofthe tenant notice provided to the oc-
cupants oi each residential unit, as required in Section 7685(c) and (f) of
the CHRP Reeulations.
c. Include in Attachinenl 3, general description ofthe applicant's plan for
providing relocation benefits or avoiding displacement, indicating
whether tenants will need to move from the building, whether any reloca-
tion units have been identified, who will be supervising and conducting
the relocation effoil, and related information. Identify all planned mea-
sures that will minimize the cost and extent of relocation.
Number and type of units. See NOFA for definitions of "'assisted," ■"lower-in-
come,'" and "very low-income." If more than one site, show totals below and
information for each site separately as ""4: UNITS."
PROJECTS OTHER THAN SINGLE FAMILY HOMES;
# Before
Rehabllitalion
# After
Rehabililatioii
Ldwct-
Incomc
Tvpc Units
till
Res. Hotel Units
(SRO)
Other
Units Total
Assisted
Lower
Assisted Non-
Very Low Assisted
To-
Studio/efficiencv units
1 bedroom units
2 bdrin. units
3 bdrni. units
Other (specify)
TOTAL
SINGLE FAMIL
Unit Description:
Bedrooms occupied by tenants
Bedrooms occupied by resident
staff
Bathrooms
Tenants Description:
Low-income tenants
Very low-income tenants
Resident staff (if applicable)
Y HOMES ONLY:
# Before
Rehabilitation
^ After
Rehabilitation
8. Type of construction:
[ ] wood frame
[ ] reinforced brick or other reinforced masonry
I ] unreinforced brick or other unreinforced masonry
[ ] other (specify)
9. If unreinforced brick or other unreinforced masonry:
a. Are CHRP funds being requested for seismic rehabilitation improve-
ments? (See Section 7675 ofthe regulations)
Yes No
b. If yes, have you been notified that the building is on the local jurisdiction
listing of potentially hazardous buildings?
Yes No
c. If yes to b., provide a letter or other notification regarding your building
being on the list of potentially hazardous buildings and provide a letter
from an appropriate local government official stating that the jurisdiction
is in compliance with Section 8875.2 ofthe Government Code or Section
19163 ofthe Health and Safety Code. Label "'5: SEISMIC INFORMA-
TION."
10. Number of parcels ; Number of structures : Number of stories per
structure ;
1 1 . Age of struciure(s) years
12. Does the project currently include both residential and nonresidential uses'
Yes No
13. Will it have both uses after rehabilitation? Yes No
If yes, describe existing and proposed non-residential uses:
14. a. Gross floor area of structure before rehabilitation:
Assisted Residential Uses square feet (__%)
Nonassisted Residential Uses square feet (_%)
Nonresidential Uses square feet (_%)
TOTAL square feet 100%
b. Gross floor area of structure after completion of rehabilitation:
Assisted Residential Uses
Nonassisted Residential uses square feet {_%)
Nonresidential uses square feet ( %)
TOTAL square feet 100%
15. Are there and/or will there be any specific amenities suppHed to the tenants
with cost included in the rent (e.g. linen service, furniture or appliances)?
Yes No
If yes, describe:
16. In an attachment labeled "'6 : CONSTRUCTION."
a. Describe the existing condition of each of the following components of
your building (structural, plumbing, heating, roofing, doors, walls, elec-
trical, foundation and mechanical.) Include a description of the need in
each unit.
b. Include all inspection reports received in the last 12 months from local
housing and building code officials, pest control services, roofing inspec-
tors, etc.
c. Describe, by component, the proposed construction or repair work, and
all workdireetly related to the construction or repair. If appropriate, pro-
vide schematic or other plans related to the work.
d. Consistent with 16.c. above, provide a line item cost estimate, using the
enclosed format (Rehabilitation Cost Estimate) or a similar format. Pro-
rate costs that cannot be directly associated with one use or another based
on the gross floor area occupied by each use. Proration is governed by
Sections 7674(c) and 7675(c) of the regulations.
e. If seismic reinforcement is planned, provide a separate line item estimate
for all work directly related to the seismic reinforcement. Follow the for-
mat described in (d) above. Include costs for the seismic work itself, and
Page 376
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
S 7688
Uk a\\ demolition, w;ill repair, and similar work direetly related to the
seismie work.
1. Idenliry the person(s) responsible lor preparing the above items, and at-
taeh a resimie of their experienee.
17. For projeets limiting oeeiipaney in the manner deseribed in l.B. 5. above:
a. Deseribe all stale and loeai licenses required to operate the projeet. and
lis! the licensins authorities:
b. List below all services to be provided project residents beyond those cus-
tomarily provided in furnished apartments. Provide name, contact per-
son, and phone number tor organizations providing these services.
c. Lis! below expected sources ot funds thai will be used to support the ser-
vices identified above, and indicate lor each ( 1 ) the expected funding
amount during the first two operating years and (2) the name and phone
number of a contact person.
d. If available, attach letters of intent or support from each funding source
listed in (c) above. Label as "7 : SLRVICES LETTLR."
1 8. II CHRP funds are being requested for spon.sor administrative costs, attach an
i(emi/ed stateiiie/ii of expenses incuned to date and a budget for anticipated
future expenses. Include a detailed narrative and explanation. Label "H : AD-
MI N I. STRATI VH HXPENSKS." If the requested administrative costs exceed
\()'/( of the loan, include the justification required by Section 76H0(d) of the
regidaiions.
1 '■). Attach a copy of a letter tVom the applicant to the head of local legislative body
(city council, county board, etc.) notifying it of the application and describing
the location, size, and type of propo.sed project, and propcsed tenant popula-
tion. Pursuant to section 50H6Uc) of the Heahh and Safety Code, the letter
must also request that the local government submit to the Department a report
on the actions it is taking to implement its housing element, including policies
or programs especially targeted towards providing housing for lower-income
households. (Applicants who are local governments must submit the repoil
as part of this Attachment.) Indicate on the copy the date that the letter was
mailed. Label "9 : LOCAL LETTER.'
SECTION IL SITE INFORMATION
A. Cunent t)wner of record
B. Date of purchase (if owned by applicant)
C. Provide a current (no more than six months old) Preliminary Title Report
(PTR) and label "10 : PTR.'" If the applicant is the current owner, the PTR should
show them as such.
D. Include a site map clearly showing the location of the project, public trans-
poilation routes that serve it, and nearby schools, recreation facilities, shopping
aieas, medical facilities, other facilities, and employment in relation to the needs
of the tenants. Label as "11: MAP." In this attachment describe any adverse envi-
ronmental conditions on or near the site (e.g. asbestos, 100 year flood zone, toxic
wastes), any proposed mitigations, and the costs attributable to such mitigations
(including handling and disposal of toxic/hazardous materials) found in Attach-
ment 6. or include a statement that there are not adverse environmental conditions.
E. Check if any of the following is required:
1 . Re/oning from zone to zone
2. General plan change
3. Conditional use permit
4. Environmental review
5. Redevelopment Agency Approval
6. HUD and/or FmHA Approval
7. Other:
F. IF APPLICABLE;
1. Date option, purchase agreement, lea.se, disposition and development
agreement, land sales contract, or other enforceable agreement was: Entered into
Terminates
2. Attach a copy of the above agreement. Label "12: ACQUISITION
AGREEMENT."
.3. Complete enclosed Comparable Sales form oi' an appraisal of ihe piojeci
that was prepared within the last 12 months. Attach and label "I.V COMPARA-
BLE SALES/APPRAISAL "
SECTION 111: DEVELOPMENT COSTS
For buildings with non-assisted units and/or non-residential use, prorate costs
that cannot be directly attributed to one use or another based on the gross lloor area
occupied by each.
On a separate. sheet labeled "14: DEVELOPMENT COSTS." describe (he basis
for each line item of cost.
A. Purchase Price
B. Refinancing
C. Construction (from IB.
16. d. above)
D. Construction Fees
1 . Local Permits & Fees
2. Architectural and Engineer-
ing Fees
}. Pha.se I Environmental
Study
4. Other (Specify)
SUBTOTAL
E. Carrying Charges
1 . Construction Loan Fees
and Interest
2. Other Loan Debt Service
During Construction
3. Property Taxes During
Construct
4. Insurance during
Construction
-"i. Other:
SUBTOTAL
A. ss is led
iJiiils
S
Noii-assisU'd Non-
ihiits
S
rcsicleniiiil
S
land
S
s
s
s
s
s
s
s
s
s
s
s
s
%
s
s
s
%
%
s
s
s
s
s
s
$
$
s
s
$
s
s
s
$
s
s
s
s
s
s
s
$
$
,s
s
$
s
$
s
$
s
s
s
%
%
s
s
$
s
s
s
F. General Development Cost!
1 . Permanent Lender
Financing Fees
%
s
$
s
2. Appraisal
3. Legal
%
%
s
s
%
%
s
s"
4. Fixtures
$
s
%
s
5. Fumiiure
S
s
%
s
6. Rent-up Vacancy Loss
7. Other Rent-up Costs
s
$
s
s
%
$
s
8. Title & Escrow Fees
$
$
$
s
s
$
s
9. Tenant Relocation
10. Sponsor Admin.
$
s
s
SUBTOTAL
$
s
$
s
G. Syndication Costs
1 . Bridge Loan Interest $
2. Legal S
4. Financial Consultant $
5. Syndication Fee and
Offering Costs $
6. Other $
SUBTOTAL S
H. TOTAL DEVELOPMENT
COSTS (TDC) S $ $ S
I. TDC Per Unit/Bedroom
(Bedroom in group/
consregate home) $ S % S
.1. TDC P^er Sq. Ft. of Building
Area $ $ $ S
SECTION IV: SOURCES OF FUNDS
If refinancing of existing debt is proposed, provide the requested information
for all existing financing and label 15: EXISTING DEBT. Include copies of all
notes, deeds of trust, and regulatory agreeinents secured against the property In
an attachment labeled "16: PERMANENT FINANCING,"" provide requested in-
formation for all permanent loans (including CHRP) and all grants which will be
recorded against the property after rehabilitation. If interim financing will be nec-
essary, please provide the requested information for all interim loans and label
"17: INTERIM FINANCING." Include any commitment letters or letters of intent
that have been received.
Page 377
Register 90, Nos. 26-3t; 8-.S-90
§ 7688
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Loans
1 . Lender Branch:
2. Loan Terms $_
Branch: Phone #
%. amortized over ve;us: Due
years. ARM Loan terms:
3. Date of Loan
4. Negative Amortization: yes no
5. Current Unpaid Principal Balance S Prepayment penalty: yes
no
6. Amount of balloon payment, if applicable. S .
7. Debt Service: P & L.' or Interest only?
Payment = S /mo. S N\.
8. Status ol' application and approval timeline:
9. Order of recordation: Security for loan:
10. Conditit)ns of funding:
Grants
1. Donor: Contact: Phone:
2. Amount: % Name of program, terms and limitations
3. Status of Application and Approval Timeline: Owner Cash ContributiouN for
Residential Portion of Project (including gross syndication income) Amount:
Sources:
For rehabilitation-only projects, owner's estimate of cuirent property value nu-
nus cunent outstanding debt: $
Sources Unsuccessfully Attempted
List any funds (loans, grants, or other) that you attempted to obtain but were un-
successful, and the reason for denial:
Note: If your project will have both of the following: ( I ) nonresidential uses: and
(2) loans beside CHRP which require periodic payments, you must allocate funds
between residential and nonresidential uses. This is necessary to ensure that resi-
dential debt service payments are appropriately subtracted from residential in-
come cash to establish the amount available for return on cash investment. (See
V.D. below.) For guidance in making this calculation, please contact CHRP stalT.
SECTION V: OPERATING BUDGET
A. OPERATING EXPENSES
Provide estimates for the first year following the completion of rehabilitation. On
a separate sheet, labeled "18: OPERATING EXPENSES." describe the ba.sis for
the estimate for each line item.
In program-based projects described in LB. 17. above, show expenses for all direct
and supportive tenant services in the residential column. Income to pay for ser-
vices should be shown separate from rent as miscellaneous income.
Residential Notiresidential Total
1. MANAGEMENT
a. Sponsor Overhead $ $ S
b. Contractor Management Fee $ $ S
2. ADMINISTRATION
a. Maiketing Expense $ $ 3i
b. Audit $ $ S
c. Legal S $ S
d. Miscellaneous S $ S
e. TOTAL ADMIN. $ S S
3. SPONSOR SALARIES AND
BENEFITS (include value of rent
discounts)
a. On-Site or Off-Site
Manager $ $ S
b. Assl. Manager
c. Grounds & Maintenance
Personnel
d. Desk Clerks
e. Janitorial Personnel
f Housekeepers
g. Services Staff
h. Other
i. TOTAL SALARIES AND
BENEFITS
$
$
$
$
$
s
$
$
$
$
$
$
$
s
$
$
$
$
$
$
s
$
$
$
$
_ $
$
s
s
$
$
$
$
s
. $
s
s
s
$
s
s
s
$
s
s
$
s
s
s
$
$
s
$
$
s
s
$
s
$
$
4. MAINTENANCE
a. Supplies
b. Elevator Maintenance
c. Pest Control
d. Grounds Contract
e. Painting and Decorating
(interior only)
f. Other
g. TOTAL MAINTENANCE
.S. UTILITIES NOT PAID BY
TENANTS
a. Trash Removal
b. Electricity
c. Water and Sewer
d. Gas
e. TOTAL UTILITIES
6. INSURANCE
Property and
Liability Insurance
7. TAXES
a. Real Estate Taxes
b. Business License
c. TOTAL TAXES
8. OTHER
a. Food
b. Support Services Contracts
c.
d.
e.
9. TOTAL OPERATING
EXPENSES
B. FIRST YEAR INCOME
Note: Refer to Definition of Rent in Section 767 1 (y) of the Regulations.
For Group and Congregate Homes Only:
$
s
s
$
s
s
$
s
s
s
$
s
s
s
s
$
$
s
$
$
$
s
$
s
$
$
s
$
$
$
Monthly Rent
Per Bedroom or
Tenant (Circle One)
Monthly
Total
No. of No. of
Occupants Bedrooms
Tenants $
Staff $
Monthly Potential
Income — Assisted
Units $ X 12 months = $
For all Other Projects (take information from Attachment 3.):
Monthly Potential
Income — Assisted
Units $ X 1 2 months = S
Monthly Potential
Income — Nonassisted
Units $ X 1 2 months = $
Complete enclosed Comparable Rental Form. Attach and label "19:
RENT COMPARABLES."
Residential Nonresidential Total
Annual Potential Income —
Assisted Units
Plus: Annual Potential Income-
Nonassisted Units
Plus: Nonresidential Rental
Income
Plus: Misc. Income (laundiy,
phone, charges for voluntary]
services, etc.
Total Gross Potential Income $ S $_
Less: Vacancy Loss ($ ) ($ ) ($_
Effective Gross Income from
Operations
Less: Unpaid Rent Loss ($ ) ($ ) ($_
Plus: Rental Subsidies or Program
Service Funds S $ $_
Total Effective Income $ $ $_
If more than 10% of total effective income is nonresidential rental income, at-
tach information on the lease terms for at least three comparable nonresidential
spaces. Attach and label -'20: NONRESIDENTIAL COMPARABLES." For each
$
$
$
$
(S )
$
($ )
s
$
s
$
s
($ )
s
(S )
$
$
Page 378
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
$7688
comparable nonivsidcnlial space, speeity:
1 . Stieei address.
2. Name and type oreurreni tenant.
3. Rentable square feet.
4. Lease terms, including rent amount, whether NNN or other, annual inciease pro-
visions, and lease beginning and ending dates.
5. Niniiber of parking spaces.
b. Vacancy rate.
C. RHSHRVHDHPOSITS
List all reserve accoinits S_
Annual Operating Reserve
Deposits S_
Annual Replacement Reserve
Deposits S_
TOTAL RLSHRVL DEPOSITS S'
D. FIRST YHAR CASH FLOW
Total Frt'eclivc Income (from B)
Less: Total Operaiing hxpenses
(line A. 9)
Net Operating Income
Less; CHRP Debt Service
Less: Other Debt Service (Specify)
Less: Other Debt Service (Specify)
Less: Reserve Deposits (Croni C)
Available for Distributions.
Residual Receipts, and/or
Prepay/iients
f)isiributions
CHRP Prepayments
Incentive Payments
Residual Receipts Payments
Debt Service Coverage Ratio
(Total Net Operating Income/
Total Debt Service)
Rc'sidciiucil Nonresidential Total
$
$
Resideiitiiil Noiircsidciiticd Total
% % $
(S
) (S
) (S
s
s
s
($
___) (%
) {% :
($
) (S
) ($
(S
) (S
) (.S
<s
) (S
) ($
(S
) {%
) ($ ;
{%
. ) (S
) ($ ;
$
s
%
s
$
%
%
SHCTION VI: PROPERTY MANAGEMENT
The applicani plans to (check one):
1. Manage the project.
2. Contract with a cuirently unidentified management firm or other organiza-
tion to operate and manage the project.
.3. Contract with an identified firm.
If (I) or (3). complete and attach the enclosed Management Qualifications
form, labeled -21: MANAGEMENT QUALIFICATIONS." If (2). attach a de-
scription of when and how a firm will be selected. Label ""22: MANAGEMENT
SELECTION.'"
SECTION VII: LOCAL NEED AND PROGRAMS
A. NEED
Attach appropriate parts of local housing element and other documentation, la-
beled "23: NEED." regarding all of the following indicators of the need for rental
housing in the area of the project. Where available, provide neighborhood-level
data instead of or in addition to data for larger areas.
1 . Miuket-rate rents for typical (e.g.. I or 2 bedroonr) units.
2. Length of subsidized housing waiting lists, and length of wait for households
on these lists.
3. Percent olTotal rental units that are substandard.
4. Loss or threatened loss of subsidized rental units due to demolition, foreclo-
sure, or subsidy termination.
If the projeei will serve a special tenant group, such as households withapaitic-
ular disability, include in the above attachment doeuinentation of the need for
housing serving this special tenant group in the area of the project.
H. LOCAL PROGRAMS
Cheek the applicable statements and attach documentation, such as applicable
parts of the housing element or a letter from a local public agency, supporting the
checked statemeni. Label •■24: LOCAL PROGRAMS."
1. The jurisdiction's housing element identifies the tenant population of this
project as a special needs group.
2. The project has received a ct)mmitmcni of financial or nonllnancial assis-
tance from a local public agency.
3. The project has received a comntitment for financial or ntinllnancial assis-
tance in support of lower inct)nie housing (rom a program that is not oi)craied b\
a local public agency.
4. The project is eligible for financial or nonfinancial assistance under a local
agency program in suppt)rt olTower income housing, but has nol leceiveil a com
iTiitment.
3. The project is located in a city or county that has prt)grams in support of lower
income housing, but is ineligible for these programs.
6. None of the above apply.
NOTF,: The Department will determine compliance of the jurisdiction's housing
element with State law pursuant to Section 7689(d)(4) of the regulations.
CERTIFICATION
I certify that the above and attached information and statements are true, accu-
rate and complete to the best of my knt)wledge.
(Signature of Chief Executive/Owner)
(Date)
(Name Typed)
For
(Name of Applicant)
(Applicani Leilcrhead)
SAMPLE RESOLUTION
NOTE: DO NOT COMPLETE IF THE APPLICANT IS AN INDIVIDUAL.
WHEREAS, The State of California. Department of Housing and Community
Development. Division of Community Affairs, has issued a NOTICE OF FUND-
ING AVAILABILITY UNDER THE CALIFORNIA HOUSING REHABILITA
TION PROGRAM (CHRP): and
WHEREAS, (name of applicant) is a
(state type of sponsor — public entity, nonprofit corporation.
for-profit corporation, partnership, etc.). and has applied fora CHRP loan to assist
a substandard structure; and
WHEREAS. (title ofofficer(s) who will act on behalf
of Applicant) is/are designated as the officer(s) who can act on behalf of
(name of Applicant) and will sign all necessary documents
reciuiied to complete the application and award process.
NOW, THEREFORE. BE IT RESOLVED THAT the Board of Directors (or
authorizing body of governinental entity) of (name of Appli-
cant) hereby authorizes (Title of Officer) to apply for and ac-
cept the loan in an amount not to exceed $ , and to execute a State of
California Standard Agreement, other required State documents, and any amend-
ments thereto.
DATE: SIGNED:
(Printed or typed Name and Title of person signing)
CALIFORNIA HOUSING REHABILITATION PROGRAM.
RENTAL COMPONENT DEVELOPMENT
QUALIFICATIONS STATEMENT
Development Name
Applicant
1. In the space below, identify the key members of the project development
team. For each, indicate what their involvement is. current relationship with the
sponsor, their employment status, etc.. and attach a resume orqualifications state
ment for each.
2, Using the format shown below, describe rental housing projects similar lo the
proposed development that the development team owns or has developed.
Development Name
Address
Number of Units: Subsidized:
Market :_
Total:
Page 379
Register 90, Nos. 26-31; 8-3-90
§7688
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Subsidv PiOizraiTi:
MaJDr Conslriiclion Major Permanent
Lender: Lender:
Contact: Contact:
Phone: Phone:
Dale Major Permanent Loan was Coniiniited:
Dale Major Permanent Loan was
Closed and Recorded:
Conslruetion Complete Dale:
Dale Substantially Occupied:
Ne^A Constmction or Rehabilitation
Building Type:
/ /
/
/
/ /
/
/
Number ol' Units:
Subsidy Program: _
Major Construction
Lender:
Contact:
Phone:
Subsidized:
_Markct
Total:
Major Permanent
Lender: _
_ Contact: ,
Phone:
Development Name
Address
Developed only? Yes/No Developed and currently owned? Yes/No
Didn't develop but cunently owned' Yes/No
Date Major Permanent Loan was Committed: /
Date Major Permanent Loan was Closed
and Recorded: /
Construction Complete Date: /
Date Substantially Occupied: /
New Construction or Rehabilitation Building Type:
Sponsor:
Project:
(To be used as Attachment 3)
CALIFORNIA HOUSING REHABILITATION PROGRAM
OCCUPANCY AND RELOCATION
Page of
UNlTTYt'H
VACANT
roR.M
or
'Ib-NANCY
H()l'Si:H()l,li DATA
t LJRKLNTMONIHLY Ri:NT
PROI'OSLI) MONTHLY
Size
Income
1 Li.s .SiLMied
W.inerol
Ueliini
KlL!lllS
(Ye.-, or Noi
.■\ini.
Inel.
Liil.
(Ye.s
or N(>)
irNo.
UliL
Allow-
ance**
RLNT AITLK RlillAB.
(SkO.
Sliidio.
llii. 2Br.
or olhev * )
Ami.
Inc. All
Unl.
lINo, Check VVhrch
UliL Not Included
SOURCF^ Ol
INKORMA'LION
(Very Low,
Lower. Mod.,
or Ahoxe Mod.l
O
a
L
1
c
W
a
1
S
r
(icnaiil inlerview.
current owner
certilicalion. etc.)
A|)l. or
Uiiil No.
(Yes
01- No)
(l.cu.sc
(i|- Renu
(Yes
or No)
^'If Other, specify type.
'"'' Contact the cuneni local housing authority for cuirent Housing Assistance Program (Section 8) utility allowance figures applicable to units in the project.
Page 380
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
§7688
{Winy be used as pan of Atlaclinienl 6)
CALIFORNIA HOUSING REHABILITATION PROGRAM
REHABILITATION COST ESTIMATE
1. GENERAL REQUIREMENTS
(permits, equipment rental, testing serviees. seeurity,
sealTolding. temporary utilities, final elean-up eosts)
2. SITE WORK $
(sewage & drainage, fumigation, grading, site
improvements, demolition, landseaping, asbestos and
other hazardous material removal)
3. CONCRETE $
4. MASONRY $
(irash dumpsler enelosure, brick fireplaces, sand
blasting, masonry restoration and/or cleaning)
.S. METALS $
(structural metal framing, metal joists, metal
fabrications, gutters & downspouts)
6. CARPENTRY $
(fences, cabinetry, framing, plastic laminate, fasteners
& adhesives. miUwork moldings)
7. THERMAL/MOISTURE PROTECTION CONTROL $
(insulation, roofing and siding. Hashing &
sheetmetal, roof vents, skylights, sealants)
8. DOORS, WINDOWS. & GLASS $
(includes hardward and weatherstripping)
9. FINISHES $
(lath, plater, & gypsum board, tile, lloor and
wall coverings, painting)
10. SPECIALTIES $
(toilet & bath accessories, fireplaces, signs, telephone
enclosures, mail boxes, lockers)
1 1 . EQUIPMENT/APPLIANCES $
(food service equipment, disposal units, exhaust fans,
waste handling equipment)
12. FURNISHINGS $
(manufactured cabinets, casework, furniture, window
treatments)
13. SPECIAL CONSTRUCTION $
(storage tanks, dumb waiters, misc.)
14. CONVEYING SYSTEMS $
(elevators, trash or linen chutes)
15. MECHANICAL $
(plumbing, gas lines, heating & A/C. bathroom fixtures,
pumps, water heaters, fire extinguishing systems)
16. ELECTRICAL $_
(lighting, detection systems, sound systems)
17. CONTINGENCY $_
1 8. OVERHEAD & PROFIT $
TOTAL PROJECT REHAB COSTS: $
Assisted Units +
$
Nonassistecl +
$
NonresiiJen(ial
Total
$
Noth;
(1 ) A separate itemized line item budget for seismic rehab, improvements (if using
Prop. 84 money) must be included.
Page 381
Register 90, Nos. 26 - 3 1 ; 8 - 3 - 90
§7688
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(To be used as Altachmeni 13)
CALIFORNIA HOUSING REHABILITATION PROGRAM
SALES COMPARABLES
Insiruciioiis: Complete only it no appraisal done in llie last 1 2 months is available.
Show inlormalion tor three reeenlly sold properties comparable to the proposed
project in its before-rehabilitalion condition.
/
Address
2. Proposed Management Organization:
Year Founded:
Year Properly Management Activities were Begun:
Contact Person: Phone:
3. Type of Organization (check applicable space)
For-Prollt Corporation Nonprofit Corjioralion
Partnership Public Agency
individual
Other (specify I
4. Organizations Olfice Locations:
Principal Ottice
Address and Phone Number
Territory and Major Cities Covered
Distance from Project
Piicc '
Dale of Sale
Ap|)ro.ximale Buildine
Age "
Unii Make-up:
Studio.s
^^"' Office Intended to Serve this Development
3_B|- + Number of miles from office to proposed developmeni
Total 5. Current Organization Staff
Vacancy Rate a. Total number of employees of firm involved indirect management activities:
Cross Buildine Area . a u j . i u i li i- "
Renlibl ' N in'-^sidential b. Attach duty statements, and. where available, resumes tor any property man-
Area agers and other key line-level management personnel Vk-ho would be likely to par-
Price/Square Foot licipate in management activities of this development. (This can include sponsor
^ ""V . ,. r, ^ staff and board members.)
Condition ol Property
Other Remarks ^- Have any licenses, ceilificates or accreditations ever been revoked, sus-
pended. restricted or in any manner limited or terminated for any employee, asso-
ciate or principal of your organization? (Answer in the affirmative even if license
has been restored.)
(To be tised as Attachment 1 9) ^^^ '* "YES," please provide complete details on a separate sheet.
CALIFORNIA HOUSING REHABILITATION PROGRAM, — ^^
RENTAL COMPONENT ^ Attach a schedule with the following information for all housing develop-
RENT COMPARABLE menls the organization has managed and currently manages:
, , ,• rN 1 , f . u „„ f . ,u , a. Developmeni Name and Address
Instructions: Do not complete for group or congregate home projects. Foi other ^
projects, copy this form and provide requested information for at least three com- b. Total Number ot Units
parable market-rate rental projects. c. Number of units subsidized through a government progiam. List subsidy
Dale ol Survey. _ .source/program name.
Project Name/Address: ^j Building Type (e.g., high-nse)
Manager/Management Agent: Phone: ^ ^^^^ „^j^ organization began management
BUILDING SPECIFICATIONS" '■ Name, address, and phone number of owner
0 / 2 i ^ g. Name and phone number of project leader contact person familiar with the
Bed^ Bed- Bed- Bed- Bed- development.
Unit Ivpe SRO room mom room room room
h. Type ol Housing (e.g., elderly, family, cooperative, group home)
Rental Range for i. Current vacancy rate and physical condition of property.
Available or Recently ^ Contract Status
Rented Units ,, , ,.. , ^^ • •
Furnished ^' ' '^^^"y property management contracts held by the Organization over
Number of Units the past three years have been terminated prior to their expiration dates?
RENTAL POLICIES: Lease: Yes No '_
Period Type b. How many property management contracts held by the Organization over the
MOVE-IN COSTS (Fees, Deposits, First/Last Month Rent): pasi three years were not renewed upon expiration?
. Please attach names and addresses of these developments and their mortgagors,
as well as reasons and circumstances surrounding such termination(s) and non-
renewals.
9. Has the Organization or any of its present personnel ever been involved in
a goveiTunental or judicial action concerning a violation of "Fair Housing" laws?
YES If "'YES," please describe.
NO
1 0. a. Does the Organization carry at its expense fidelity bonds or other insur-
ance for protection of owner's interests? Please describe.
YES NO If "YES." state:
Tenant Characteristics (e.g., senior, disabled):
Utilities Paid by Tenant: Gas Electricity
Water None
SECURITY DEVICES UTILIZED:
Front Desk Clerks: Full-time Guards: _
Part-time Guards:
Other:
Project Amenities:
Current Nuitiber of Vacancies:
(To be used as Attachment 2J )
CALIFORNIA HOUSING REHABILITATION PROGRAM,
RENTAL COMPONENT MANAGEMENT
QUALIFICATIONS STATEMENT
Loan Applicant/Building Owner:
Proposed Development Name:
(1) Amount of Bond: $
(2) Name of Bonding Co.:
b. If "NO," is the Organization eligible for a fidelity bond?
YES NO
c. Does the Organization carry at its expense any other insurance for pro-
tection of owner's interests? If so, what?
Page 382
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Proj2;rams
ij7689
I I . Describe phiiinal on-siic skill lor (ho projecl being ;ipplied lor. ineliiilinL'
tluiies aiul work Ikhiis:
12. Describe your plans to train stalTtt) manage the (Jevek)piiieni in aeeorclanee
with the requirements of the Calilornia Housing Rehabilitation Program:
13. Attach a copy of the Organizations most recent financial statement.
(c) A cotnplele iipplicalion shall cotisisl ol'lho lollowiiig:
(1 ) a fully completed form HCl) 779, ""Renlal Loan Application. Cali-
fornia HoLtsing Rehabilitation Progiatn (CHRP)." 12/89. accompanied
hy all attachments relevant to the project under consideration; and
(2) any other inlontiation thedcpatttiienl tnay requite in orderlodeler-
niine the eligibility or feasibility of the proposed piojecl. to evaluate or
rank the proposed project, or to detertiiine thai the applicant is capable
of owning, managing and rehabilitating a rental housing development.
Noil.: Authority cited: .Section .'i()668.,S. Health and Saletv Code. Reference: Sec-
tions 50661. 50668.5. and 5066^. Health and Salety Code.
History
1 . New section filed 6- 1 2-S9 as an emergency pursuant to Health and Sutely Code
section 50668. 5(g); operative 6-12-89 (Register 89. No. 24). A CenitVeate of
Compliance must be iransniilied loOAL within 1 20 days or the regulation Vkill
be repealetl on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5. not con.secutive). see Register 85. No. 3?,.
2. New section rcfiled 10-6-89 as an emergency pursuant to Health and Safety
Code .section 50668.5(g) and Government Code section 1 1 .^46. 1 (h): operative
10-10-89 (Register 89. No. 42). A Ceitincate ol Compliance must be trans-
mitted to OAL within 120 days or emeruency language will be repealed on
2-7-90.
.^^. New section refiled 2-5-90 as an emergency pursuant to Health and Salety
Code section 50668.5(g) and Government Code section 1 1. "^46. 1(h); operative
2-7-90 (Register 90. No. 6). A Ceilificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) tiled .^-5-90 as an emergency pursuant to
Health and Safety Code .section 50668.5(g); operative .V5-90 ( Register 90. No.
12). A Ceilificate of Compliance must be transmitted to OAL within 1 20 days
ov emergency language will he repealed on 7-3-90.
5. Certincate of Compliance as to 2-.5-90 and 3-5-90 orders including amend-
ment transnntted to OAL .5-22-90 and filed 5-29-90 (Register 90. No. 29).
§ 7689. Project Selection.
(a) Projects shall not be considered for funding unless the application
demonstrates that all of the following conditions exist:
( 1 ) The applicant is an eligible sponsor pursuant to section 767.3;
(2) The project is eligible pursuant to section 7672;
(-3) All proposed uses of program funds are eligible pursuant to section
7674;
(4) The application is complete pursuant to section 7688;
(5) The requested loan amount per unit is consistent with the maxi-
mum loan amounts authorized pursuant to section 7677;
(6) The estitiiated loan-lo-value ratio is consistent with the require-
ments of section 7679(a).
(h) Subject to the availability of funds, projects that are considered for
funding will be rated according to subdivision (c) and ranked pursuant
to subdivision (d).
(c) When the application meets the requirements of subdivision (a),
the application shall be rated according to the following criteria. The
application must receive a minitnum of 60 percent of the total possible
points in order to be ranked pursuant to subdivision (d); and zero points
in either criterion (I ) or (2) will disqualify the application. If either crite-
rion (4) or (5) is not applicable to the proposed projeci. the total number
of points possible will be reduced by the total number of points possible
in that criterion; and 60 percent will be calculated on the reduced maxi-
muin possible points:
( 1 ) The application demonstrates that the proposed project will main-
lain fiscal integrity and affordable rents throughout the term of the loan.
(30 points)
(2) The applicant demonstrates ability or experience in owning, reha-
bilitating, and operating rental housing, as evidenced by the length and
quality of the sponsor's experience and qualifications; the experience
and qualifications of individual members of its board, its staff, or consul-
tants. (25 points)
(.3) The propo.scd project sile is free froir) severe adverse en\ irt)nnien-
tal conditions and is accessible to public transportation, shopping, medi-
cal services, recreation, schools, and employment in relation to the needs
of the project tenants. (15 points)
(4) If applicable, the application contains a relocation plan that mini-
mizes unnecessary cost and extent of relocaiioti. ( 10 points)
(5) In proposed projects targeting households in need ol any direct or
supportive tenant services, the proposed project provides ihose scr\ ices
suitable to the needs of the tenants. ( 10 points)
(6) A majority of projeci costs will be for the correction of health and
safety defects. ( 10 points)
MaxitnuiTi possible points: 100
(d) Where the application meets the requirements of subdivision (c).
the proposed project will be ranked to determine its compliance w ith the
following priority requirements. The application must receive a mini-
mum of 60 percent of the total possible priority points in order to qualify
for funding. If criterion (2) is not applicable to the proposed project, the
total number of points possible will be reduced by the number o\' points
in that criterion; and the 60 perceni will be calculated on the reduced max-
iinum possible points. The maxiiriutn score for each of the following six
criteria is 15:
(1) Percentage of total residential units in the proposed project re-
served as assisted for occupancy by very low-incotrte households.
(2) Percentage of total residential units in the proposed project which
are assisted units with three or more bedrooms (not applicable to residen-
tial hotels, motels, group homes, congregate homes, and rental housing
developments occupied by the handicapped).
(3) Need in the area of the proposed project as approved by the depart-
ment for the type of housing provided hy the proposed project, as indi-
cated in the local housing element and other supporting documentation
by the following:
(A) Low vacancy rate for rental housing as provided by the department
through the use of a methodology which ensures uniform rate calcula-
tions for all applications.
(B) Low vacancy rate in developtnents comparable to proposed proj-
ect.
(C) Typical local market-rate rents as a high percentage o\' area me-
dian income.
(D) Typical comparable markel-rate rents as a high percentage of area
median income.
(E) Length of subsidized housing waiting lists for comparable projects
and length of wail for households on these lists.
(F) High percentage of substandard rental units in the area of the pro-
posed project.
(G) Degree to which local subsidized housing stock serving lower in-
come households has been threatened or lost because of demolition, fore-
closure, or subsidy termination.
(4) The extent to which the proposed project complements the imple-
mentation of an existing housing program in the local agency in which
the proposed project is located, as demonstrated by one of the following.
Points shall be allocated based upon the following criteria which are
listed in descending order of priority:
(A) The local agency has a housing element in substantive compliance
with the requirements of law. For the purposes of this sub.seciion, "sub-
stantive compliance" is demonstrated by a letter from the department
which sets forth findings that the housing element adopted within the
timefratnes required by section 65588 of the Government Code includes
that substance essential to every requirement of article 10.6. commenc-
ing with section 65580. of chapter 3 of division I , of Title 7 of the Gov-
ernment Code. TTie element identifies the special housing needs which
would be served by the applicant's proposed project and the local agency
is providing financial or nonfinancial assistance to the applicant's proj-
ect.
(B) The local agency has a housing element in procedural compliance
with the law or has an adopted plan or policy for addressing the k)cal
Page 383
Register 90, Nos. 26-31; 8-3-90
§ 7690
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
housing needs. For the purposes of this subsectk^n, "proeedural com-
plianee" means that the local agency has complied with all procedures
required by law for the department's review of a draft housing element,
local adoption of the element, and submission of the adopted element to
the department. The local agency has a program which is providing fi-
nancial or nonfinancial assistance to the applicant's proposed project.
(C) The local agency has a housing element in procedural compliance
with the law or has an adopted plan or policy for addressing the local
housing needs. There are programs available in the Jurisdiction of the lo-
cal agency in support of lower income housing programs and the pro-
grams are providing financial or nonfinancial assistance to the proposed
project.
(D) The local agency has a housing element in procedural compliance
with the law or has an adopted plan or policy for addressing the local
housing needs. The local agency has a program which could provide fi-
nancial or nonfinancial assistance to the proposed project, but which will
not provide such assistance.
(E) The local agency has no housing element in compliance but has
programs in support of lower income housing and is providing financial
or nonfinancial assistance to the applicant's proposed project.
(F) The local agency has no housing element in compliance but has
programs in support of lower income housing which could provide finan-
cial assistance to the applicant's proposed project.
(G) The local agency has programs in support of lower income hous-
ing but there is no assistance available for the applicant's proposed proj-
ect.
(5) To the extent feasible, the proposed project uses available and
cost-effective private, local and other funding sources in lieu of program
funds.
(6) The proposed project maximizes long-term benefit for lower in-
come households, as indicated by the following:
(A) Period of lime beyond minimum term required by section 7676
that assisted units in the proposed project will be subject to rent and occu-
pancy restrictions similar to program restrictions.
(B) The percentage that rents for assisted units in the proposed project
are below the program maximum rents for these units.
Maximum possible points: 90
(e) Projects which receive 60 percent of the available points shall be
recommended for funding to the director of the department. The director
shall reject a recommendation for funding if it is determined that the reha-
bilitation work is insignificant relative to total project costs or that the
project is inconsistent with the purposes of the program.
NOTE: Authorily cited: Section .^0668. 3. Health and Safety Code. Reference: Sec-
tions 50010, 50053 and 50668.5, Health and Safety Code.
History
1 . New section filed 6- 1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89, No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emereency language will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1 346.1(h); operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No.
12). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsections (a), (c), (d), and (e) transmitted to OAL 5-22-90 and filed
5-29-90 (Register 90, No. 29).
Article 4. Program Operations
§ 7690. Legal Documents.
(a) The department shall enter into a Standard Agreement with the
sponsor which shall encumber monies from the fund in an amount suffi-
cient to fund the approved loan amount. The Standard Agreement shall
contain the following:
(DA description of the approved project and the permitted uses of pro-
gram funds;
(2) provisions governing the amount and terms of the loan;
(3) provisions regarding the regulatory restrictions to be applied to the
project through the Regulatory Agreement:
(4) provisions governing the rehabilitation work and, as applicable,
the acquisition or refinancing, and the disbursement of loan proceeds;
(5) special conditions imposed as part of department approval of the
project:
(6) requireinents for the execution and, where appropriate, the recor-
dation of the agreements and documents required under the program:
(7) terms and conditions required by federal or state law;
(8) requirements regarding the establishment of escrow accounts for
the deposit of documents and the disbursement of loan proceeds;
(9) remedies available to the department in the event of a violation,
breach, or default of the Standard Agreement to ensure compliance with
program requirements for the full term of the Regulatory Agreement, in-
cluding repayment of all costs of enforcement: and
( 1 0) other provisions necessary to ensure compliance with the require-
ments of this program.
(b) The department shall enter into a Rehabilitation Loan Agreement
with the sponsor which shall be executed prior to the disbursement of
funds to the sponsor, govern the performance of the project, and include
the following:
(1 ) The approved schedule of the project, including transfer of owner-
ship, if any, commencement and completion of rehabilitation work, and
occupancy by eligible households;
(2) provisions ensuring that the construction contract is consistent
with section 7686 and other program requirements and that all financing
agreements are consistent with program requirements;
(3) the approved budget for rehabilitation work and acquisition and re-
financing, if applicable;
(4) provisions relating to fund disbursement;
(5) provisions relating to acquisition or refinancing agreements, prep-
aration of rehabilitation specifications, bidding, awards to contractors,
and disbursement of funds to contractors, or others;
(6) requirements for reporting to the department;
(7) terms and conditions for the inspection and monitoring of the proj-
ect in order to verify compliance with the Standard Agreement and this
agreement;
(8) provisions regarding tenant relocation;
(9) bonding and insurance requirements consistent with the require-
ments of this subchapter;
(10) conditions constituting breach of the Rehabilitation Loan Agree-
ment and remedies available to the parties thereto, including repayment
of costs of enforcement.
(11) other provisions necessary to ensure compliance with the require-
ments of this program.
(c) The department shall enter into a Regulatory Agreement with the
sponsor for not less than the original term of the loan which shall be re-
corded against the project property prior to the disbursement of funds.
The Regulatory Agreement shall include the following:
( 1 ) designation of assisted units;
(2) standards for tenant selection pursuant to section 7682(a);
Page 384
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
ij 7691
•
(3) pan isions regulating the terms ol the rental agreement pmsiiant to
scetion 7682(b):
(4) provisions related to an annual budget appro\ed by the department
pursuant to seetitMi 7696;
(5) provisions related lo a management plan pursuant to section 7694;
(6) provisions related to a rent schedule, including initial rent levels for
assisted and non-assisted units pursuant {o section 76S3ta):
(7) conditions and procedures for permitting leiit increases pursuant
to section 7683(b);
(8) provisions rt)r limitations on profit pursuant to section 7684;
(9) pro\ ision requiring annual reports, inspeclions and audits pursuant
to section 769S;
( 10) prt)\isions regarding the withdrawal oi' lands I'rom a reserve ac-
count and additional payments by the department;
(11) assurances that sponsor will maintain the rental housing develop-
ment in a sale and sanitary condition in compliance with state and local
housing codes and ihe managcmenl plan pursuant lo section 7694;
(12) conditions constituting breach of the Regulatory Agreement and
remedies available lo the parlies iherelo;
(13) prt)visions governing use and operation of unassisted units and
common areas to ihe exlenl necessary lo ensure compliance with pro-
gram requirements;
( 14) provisions authorizing ent'orcemenl of program requirements by
tenants;
( 15) special conditions of loan approval imposed by the department;
(16) provisions specifying that the Regulatory Agreement shall be
binding on all assigns and successors in inieresl of the sponsor and Ihal
all sales, transfers, and encumbrances shall be subject lo section 7692;
and
(17) other provisions necessary to assure compliance wilh the require-
menls o\ ihe program.
(d) All loans shall be evidenced by a promissory note payable lo the
department in the principal amount of the loan and staling the terms of
the loan consistent wilh the requirements of the program. The note shall
he seemed by a deed of trust on the project property naming the depart-
ment as beneficiary or by other security acceptable to the department; this
deed of trust or other security shall secure the deparimcnrs financial in-
terest in the project and the performance of sponsor's program obliga-
tions.
NoTI- Autht)rii V cited: .Section ,S()668 5. Health and Satciv Code, Reference: See-
iions 50bM.=>, .S()670 and 531.m Health and Safely Code.
HlSIORY
1 . New section filed 6- 12-89 as an emergency pursuant lo Health and Safety Code
section ,'S0668..s(g): operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714..'). not consecutive), see Register 8.S. No. ?>?■.
2. New section refilcd 10-6-89 as an emergency pursuant to Health and Safety
Code section .s()668..S(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be tians^
mitted to OAL within 120 davs or emcrsiencv laniiuaiie will be repealed on
2-7-90.
3. New section refiled 2- .S-90 as an emergency pursuani to Health and Salety
Code section ."10668. ."Stg) and Government Code section 1 1346.1(h); operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
lo OAL witiiin 120 days or emergency language will be repealed on 6-7-90.
4. Amendntent ol subsections (a)-(c) filed 3-.^-9() as an emergency pursuani to
Health and Safety Code section .■S0668..'^(gi: operative .V.S-9(5( Register 90, No.
12). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-.^-90.
.s. Certificate of Compliance as to 2-.S-90 and 3-.S-90 orders including amend-
ment of subsections (a) and (c) transmitted to OAL .S-22-90 and filed .S-29~9()
(Register 90. No. 29).
§ 7691. Disbursement of Loan Funds.
(a) The sponsor shall request funds from the department for actual ex-
penditures in accordance wilh the .schedule and the authorized amounts
in the approved project budget in the Rehabilitation Loan Agreement.
The information on any request for funds shall be subject to verification
by the deparliTient. Requests shall be made on form HCD 780, "Califor-
nia Housing Rehabilitation Program-Rental Componenl, Request hor
Funds," dated 12/89, as set forth in subsection (b). This form is prov ided
by the department.
(b) Text ol form HCD 780. ■"Calilornia Housing Rehabilitation Pro-
gram— Rental Componenl, Request lor Funds," dated 1 2/89:
HCD 780. 12/89
CALIFORNIA HOU.SING REHABILITATION PROGRA.M
RENTAL COMPONENT REQUE.ST FOR FUND.S
1. BORROWER (Payee):
2. ADDRESS: "
3. CONTRACT NUMBER:
5.
% 4. DATE:
Approved
Loan Amount
Anioiini Per
riiis Rc'cjuc'.st
loicil Anionnl
P/e\'l(>usly
Approved lialiuK
$ $
$
6. USE OF FUNDS REQUESTED:
a. Acquisilion/I^efinance costs S
b. Rehabilitation (Conslruclion) costs S
c. Non-Construction Development costs S
7. DRAW CHECK IN TOTAL AMOUNT OF: $
8. SEND CHECK TO: Department of Housing and
Community Development
Accounting Office
P.O. Box 9,S2050
Sacramenlo, CA 942.52-20.50
9. CERTlFiCATlON: 1. the undersigned, do hereby certify thai ( 1 ) the
funds requested above were or will be used in performance of the above
numbered Stale Conlracl.
Signed:
Title:
DO NOT WRITE BELOW THIS LINE
The work performed for which this request for disbursement is pres-
ented is in accordance with all provisions of Contract Number
between and the Department of Housing and Com-
munity Development, and is hereby approved for payment.
Program Manager: Date:
(c) Prior to the disbursement of funds, the sponsor shall provide or ex-
ecute all required documents which the department determines are neces-
sary to verify the claimed expenditure.
(d) The department may enter into agreements with other lenders or
public or private entities to disburse funds and monitor construction and
may make direct payments to such third party contractors on behalf of
sponsors.
(e) Upon exeeulion of required documents, compliance with all appli-
cable conditions therein, and submittal of the sponsor's request for funds
to commence the project, the department may disburse an advance pay-
ment to a sponsor which is a nonprofit corporation or government entity
for payment of approved adniinisiralive costs. In order to qualify l\)r an
advance payment, the sponsor must certify that it does not have adequate
funds to commence the projecl. The advance payment shall not exceed
25 percent of the approved administrative costs, and sub.sequent dis-
bursements shall be made only lo reimburse the sponsor for actual eligi-
ble costs incurred.
NOTH; Authority cited: Section .S0668 ."i. Health and Safety Code. Reference: Sec-
tion 50668.5, Health and Safety Code.
History
1 . New section filed 6-1 2-89 as an emergencv pursuani to Health and Satet v Coik
section .S0668.5(g): operative 6-12-8^9 (Register 89, No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For hislorv of former subchapter"8 (sections
7700-7714.5. nol conseculiveK see Register 85. No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Salety
Code section 50668.5(g) and Government Code section 1 l.Wi.lth); operative
10-10-89 (Register 89^. No. 42). A Certificate of Compliance must be trans-
Page 385
Register 90, Nos. 26-31;8-3-90
§ 7692
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
niillccl lo OAL within 120 davs or cnicrecncv lanLUiaLV will be lepcalcd on
:-7-9().
3. r^Icw section icl'iled 2-5-90 as an emergency pursuant to Health and Salety
Ct)de section 50668. 5(g) and Goveinrnent Code section 1 1346.1(h); operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)He) tiled .3-5-90 as an emergency pursuant to
Health and Safety Code section 5066S.5(g): operative 3-5-9(y( kegister90. No.
12). A Ceilificale of Compliance must be transnntted to OAL within 120 day.s
or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including amend-
ment of subsections (a), (b). and (e) transmitted to OAL 5-22-90 and filed
5-29-90 (Register 90. No. 29).
§ 7692. Sales, Transfers, and Encumbrances.
(a) A sponsor shall not sell, assign, iransl'cr. or convoy the lenlal hous-
ing devolopinent, or any inlcrost therein or portion thereof, wilhoul the
e.xpress prior written approval of the department. A sale, transfer or con-
veyance shall be approved only if all of the following requirements are
met:
( 1 ) the existing sponsor is in compliance with ihe Regulatory Agree-
ment or ihe sale, transfer or conveyance will result in the cure of any ex-
isting vioiaiions;
(2) the successor-in-interest lo the sponsor agrees to assume all obli-
gations of the existing sponsor pursuant to the Regulatory Agreement
and this program;
(3) the successor-in-interest is an eligible sponsor and demonstrates
to the departtnent's satisfaction that it can successfully own and operate
the rental housing development and comply with all program require-
ments; and
(4) no terms of the sale, transfer, or conveyance jeopardize either the
department's security or the successor's ability to comply with all pro-
gram requirements.
(b) The Departmenl may grant its approval of such sale, assignment,
transfer, or conveyance subject lo such terms and conditions as may be
necessary to preserve or establish the fiscal integrity of the project. Such
conditions may include:
( 1 ) the deposit of sales proceeds, or a portion thereof, to maintain re-
quired reserves, or to offset negative cash tlow;
(2) the recapture of syndication proceeds or other funds in accordance
with special conditions included in the Standard Agreement or any other
agreement executed by the sponsor;
(3) such conditions as may be necessary to ensure compliance with the
program requirements.
(c) The sponsor shall not encumber, pledge, or hypothecate the rental
housing development, or any interest therein or portion thereof, or allow
any lien, charge, or assessment against the rental housing development
without the prior written approval of the department. The department
may permit refinancing of existing liens or additional financing secured
by the rental housing development lo the extent necessary to maintain or
iiTiprove the fiscal integrity of the project or to maintain affordable rents.
Note-. Authority cited: Section 50668.5. Health and Safety Code. Reference: Sec-
tion 50668.5, Health and Safety Code.
History
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g); operative 6-12-89 (Register 89, No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
he repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1 346. 1(h): operative
10-10-89 (Register 89. No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 davs or emercency laneuaee will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h): operative
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g); operative 3-5-90 ( Register 90, No.
12). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders transmitted to OAL
.5-22-90 and filed .5-29-90 (Register 90. No. 29).
§ 7693. Defaults and Loan Cancellations.
(a) In the event of a breach or violation by the sponsor of any of the
provisions of the Regulatory Agreement, the Standard Agreement, the
Rehabilitation Loan Agreement, the promissory note, or the deed of trust,
or any other agreement pertaining to the project, the depart inent inay give
written notice lo the sponsor to cure the breach or violalion within a peri-
od ol not less than \5 days. If the breach or violation is not cured to the
satisfaction of the departmenl within the specified time period, the de-
partment, at its option, may declare a default under the relevant document
and may seek legal remedies for the default including the iollowing:
( 1 )The department may accelerate all ainounls. including outstanding
principal and interest, due under the loan and deinand imtriediate repay-
ment thereof. Upon a failtire to repay such accelerated ainounl in full, the
department inay proceed with a foreclosure in accordance with the provi-
sions of the deed of trust and state law regarding foreclosures.
(2) The departmenl may seek, in a court of competent jurisdiction, an
order for speci fie performance of the defaulted obligation or the appoint-
menl of a receiver to complete the project or operate the rental housing
developinent in accordance with progratn requirements.
(,3) The department may seek such other remedies as may be available
under the relevant agreement or any law .
(b) In the event that the breach or violation involves charging tenants
rem or other charges in excess of those permitted under the Regulatory
Agreetnent, the department may demand the return of such excess rents
or other charges to the affected households. In any action to enforce the
provisions of the Regulatory Agreement, the department may seek as ad-
ditional remedy, the repayment of such overcharges.
(c) Loan commitments may be cancelled by the departtnenl under any
of the following conditions:
( 1 ) the objectives and requirements of the program cannot be met;
(2) iinplementation cannot proceed in a timely fashion in accordance
with the approved plans and schedules;
(3) special conditions have noi been fulfilled within required lime peri-
ods;
(4) the rehabilitation work has not coinmenced within one year ol' the
dale of loan approval;
(5) there has been a material change in the principals or management
of the sponsor or project, which was not approved by the department.
The departtnenl, in writing and upon demonstration by the sponsor of
good cause, may extend the dale for coinpliance with any of the condi-
tions in this subdivision.
(d) Upon receipt of a notice of intent to cancel the loan from the depart-
tnenl. the sponsor shall have the right to appeal lo the Director.
(e) The department may use amounts available in the fund pursuant lo
.section 7697(b) for the purpose of curing, or avoiding, a sponsor's de-
faults on the terins of any loan or other obligation which Jeopardize com-
pletion of rehabilitation, the fiscal integrity of a project or the depart-
ment's security in the project. Such defaults include defaults or
impending defaults in payments on mortgages, failures to pay taxes, or
failures to inaintain insurance or required operating reserves. The pay-
iTienl or advance of funds by the department pursuant to this subdivision
shall be solely within the discretion of the department and no sponsor
shall be entitled to or have any right to payinent of these funds. All funds
so advanced shall be part of the deferred payment loan to the sponsor and.
upon demand, due and payable to the departmenl. Where it becomes nec-
essary to use the fund for the purpose of assisting a project to avoid threat-
ened defaults or foreclosures, the department shall take those actions nec-
essary, including but not limited to, foreclosure or forced sale of the
project properly, to prevent similar occurrences and insure compliance
with the teriT)s of the applicable agreements.
•
Page 386
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
^7695
Noil; Aulhoril y cilcd: Section 50668. r>. Health and Safety Code. Rclercnee: Sec-
tion .5()66S..5. Health and Safety Code.
HlST()k\
1 . New section filed 6- 1 2-89 as an enieigency pursuant to Health and Safety Code
section .S()66X.,S(g): opeiative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be trajisjnitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5. not consecutive), see Register 8.5. No. ."i.^v
2. New section reliled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h): t)peiative
10-10-89 (Register 89. No. 42). A Ceriiricate of Compliance must be trans-
milted to OAL within 120 davs or emereenev lancuatie will be repealed on
2-7-90.
V New section reliled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1.346.1(h); operative
2-7-90 (Register 90. No. 6). A Certificate of Compliance must be transmitted
to OAL within 120 days ov emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed .^>-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g): operative .3-.5-90( Register 90. No.
12). A Ceniricate ol Compliance mu.si be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and .V5-9() orders including amend-
tnent of subsection (e) transmitted to OAL 5-22-90 and filed 5-29-90^ Reeister
90. No. 29).
§ 7694. Management and Maintenance.
(a) The sponsor shall be responsible for all management functions of
the rental housing development including selection of the tenants, annual
reccrlification of household income and size, evictions, and collection of
rent.
(b)Thc sponsor is responsible for all repair and maintenance functions
of the rental housing development, including ordinary maintenance and
replacement of capital items. The sponsor shall maintain residential
units, nonresidential space and common areas in accordance with local
health, building, and housing codes and the management plan.
(c) The sponsor, with the prior approval of the department, may con-
tract with a management agent for the performance ol'the services or du-
ties required in subdivision (a) and (b). However, such an arrangement
does not relieve the sponsor of responsibility for proper performance of
these duties. Such contract shall contain a provision allowing the sponsor
to terminate the contract upon thirty days" notice. The sponsor shall ter-
minate said contract as directed by the department upon determination
that management does not comply with program requirements.
(d) The sponsor shall develop a management plan subject to depart-
ment approval prior to loan closing. The plan shall be consistent with this
subchapter and shall include the following:
( 1 ) the role and responsibility of the sponsor and its delegation oi au-
thority, if any, to the managing agent;
(2) personnel policy and staffing arrangements;
(3) plans and procedures for publicizing and achieving early and con-
tinued occupancy;
(4) procedures for determining tenant eligibility and for certifying and
annually recertifying household income and size;
(5) plans for carrying out an effective maintenance and repair pro-
grain;
(6) rent collection policies and procedures;
(7) program for maintaining adequate accounting records and handl-
ing necessary forms and vouchers;
(8) plans for tenant-management relations;
(9) management agreement, if any;
( 10) description of direct or supportive tenant services, if any; and
(11) provisions for periodic update of management plan.
NOTI- Authority cited: Section 50668.5. Health and Safety Code. Reference: Sec-
tion 50668.5, Health and Safety Code.
History
1 . New section filed 6-1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g): operative 6-12-89 (Register 89. No. 24). A Certificate of
Compliance must be transinitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-77 )4..5. not conseciithe). see Register 85. No. 33.
2. New .section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h): operative
10-10-89 (Register 89, No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 davs or emergencv lansiuaee will be icjicalcd on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Salctv
Code section 50668.5(g) and Government Code section I 1346.1(h): opciatnc
2-7-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted
to OAL within 1 20 days or emergency language will be repealed on 6 7 90
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 5()668.5(g): operative 3-5-9(y( Register 90, No
12). A Certificate ol Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate of Compliance as to 2-5-90 and 3-5-90 orders including ameml-
ment of subsections (b) and (d) transmitted to OAL 5-22-90 and filed 5 29 90
(Register 90. No. 29).
§ 7695. Reporting and Inspections.
(a) No later than 60 days after the end of each fiscal year, the sponsor
shall report to the department on form HCl) 781, "California Ht)using
Rehabilitation Program Rental Component, Annual Report," dated
12/89, as set forth in subsection (b). This form is provided by the depart-
ment.
HC[)78I 12/89
CALIFORNIA HOUSING REHABILITATION PROGRAM
RENTAL COMPONENT
ANNUAL REPORT
Sponsor:
Project Natne;
Project Address:
Contract Nutnber:
I hereby submit the following items for the fiscal year beginning
and ending .
[ 1 CHRP Interest Payment in the amount of $ .
[ 1 Principal Prepayment in the amount of $ .
[ J
[ 1
Residual Receipts Payment in the amount oi' %
Financial Statement.
Income & Expense Statements (plus attachments).
Report on Account Balances.
Management Report )plus attachments.
[ ] Copy of current Hazard Insurance Policy.
CERTIFICATION: I hereby certiiy that I am responsible for the above
submittals and, furthermore, to the best of tny knowledge, the informa-
tion included is true and complete.
By:
Signature
Name and Title
Dale
Phone Nutnber
At:
City
Contract No.:
Fiscal Year:
A. PROJECT INCOME:
1. a. Attach an Occupancy and Rent Schedule for all residential rents la-
beled A.l. using the format attached. (See example attached.) Also attach
another schedule showing the nonresidential occupancy and rent sched-
ules if CHRP money was used to rehabilitate the nonresidential portion
of the building.
2. Report of Actual Annual Incotne:
Residential Non-Residential Total
Income Income Income
a. Rental Income $ $ $
b. Rent Subsidies $ $ $
c. Laundry Income $ $ $
d. Interest Income $ $ $
e. Security Deposits
Withheld $ $ $
f. Other: $ $ $
2. Total Income: $ $ $
Page 387
Register 90, Nos. 26-31; 8-. l-9()
§7695
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
e. Painting & Decorating
(Interior Only)
f. Other:
g. TOTAL
MAINTENANCE
5. UTILITIES (Not paid for by tenants)
a. Trash Removal $
b. Electricity $
c. Water and Sewer $
IB. OPERATING EXPEN!
and relevant invoices, payrol
^ES: Attach a
Is, etc.
Residenticd
$
$
$
$
description of
Non-
+ Residential
$
$
$
$
' each expense
' = Total
$
d. Gas
e. TOTAL
6. INSURANCE
a. Property and
Liability Insurance
7. TAXES
a. Real Estate Taxes
b. Business Licenses
c. TOTAL TAXES
8. OTHER
a. Food
b. Support Services
c.
d.
e. TOTAL OTHER
9. DEPOSITS TO RESER\
a. Replacement Reserve
b. Operating Reserves
c. Other
d. TOTAL
10. DEBT SERVICE
a. CHRP (Attached)
b.
c.
d. TOTAL DEBT
SERVICE
1 1 . TOTAL OPERATING.
& DEBT SERVICE
EXPENSES
C. PROJECT SUMMAR
1. Total Income
(from A.l.g.)
Residential +
$
$
$
$
$
$
$
$
$
Re.
$_
$_
$_
$_
$
$_
$_
$_
$
$
$_
$_
$
$_
$_
, $_
. $_
. $_
, $_
. $_
$
Non-
sidenlial = Total
$
1. MANAGEMENT
a. Sponsor's Overhead
b. Contracted Managemeni
fee
$
c. Total Management
2. ADMINISTRATION
a. Marketine Expense
$
h. Audit
$
$
c. Leeal
$
$
d. Miscellaneous
$
$
e. TOTAL
$
\ND BENEFl
)unts)
$
$
$
$
$
/E ACCOUNT
$
$
3. SPONSORS SALARIES i
TS
$
$
(include value of rent discc
a. On-/Off Site Manager
b. Assistant Manager
$
$
c. Assistant Manager
$
$
d. Grounds & Maintenance
Personnel $
$
$
$
$
$
e. Janitorial Personnel
f. Housekeepers
$
$
$
$
$
$
$
$
g. Service Staff
$
h. Other (specify)
_ $_
$
$
$
$
RESERVE
$
i TOTAL SALARIES
AND BENEFITS
$
4. MAINTENANCE
a. Supplies
$
$
$
$
b. Elevator Maintenance
_ $_
$
c. Pest Control
$
Y
$
d. Grounds Contract
$
$
$
2. Less Total Operating, Reserve
& Debt Service Expenses ($
(from B. 11.)
3. Net Cash Available for Distributions
or Payments $
4. Less Distribution
3. Less Loan Prepayments (Attached)
6. Less Incentive Payments
7. Residual Receipts (Attached
D. REPORT ON ACCOUNT BALANCES:
(copies of Bank Statements should be attached.) Only complete the nonresidential summary if CHRP funds were used for any of the nonresidential
rehabilitation. Copies of invoices or explanations supporting all withdrawals from the Replacement Reserve or Operating Reserve Accounts must
be attached.
Residential
1. Replacement Reserves:
Beginning
Balance
$
Budgeted
Deposits
$
Actual
Deposits *
$
Withdrawals
$
hiterest
Earned**
$
Net Increase
{Decrease)
$
Ending
Balance
$
2. Operating Reserves:
3. Security Deposits:
4. Operating Account;
5.
Nonresidential
1 . Replacement Reserves:
Begitming
Bala/ ice
$
Budgeted
Deposits
$
Actual
Deposits *
$
Withdrawals
$
Interest
Earned**
$
Net Increase
(Decrease)
$
Enduig
Balance
$
2. Operating Reserves:
3. Security Deposits:
4. Operating Account:
5.
■^''Actual Deposits" should reflect the same amount as shown under Section B. Operating Expenses, item 9.
Page 388
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
§ 7695
■'' "Interest Earned" should rellect the same amount as shown under
Section A. Projecl Income, item 2.d.
E. CHRP Interest Payment Summary
( 1 ) Interest due on CHRP loan lor this fiscal year $
(2) Less interest payment made on CHRP loan for
this fiscal year (check attached) $
(3) Equals interest deferred for this fiscal year = $
(4) Plus interest deferred from previous fiscal years + $
(5) Eess interest payment made on CHRP loan for
prcv. fiscal years (attached) - $
(b) Equals total outstanding CHRP interest owed
HCD as ol = $
E MANAGEMENTREPORT: (Attach additional comments if neces-
sary).
I . Describe any notice or citation lor violation of local housing codes:
(b) Number of vacant units during the year:
(c) Number of months vacant:
(b) x(c) = (d
(d) -^(a)
6. Describe the nature of vacancies that occurred:
'/( vacancv rate
7. Describe any problems which arose in filling vacancies and steps
taken to address them.
8. How many names are currently on the waiting list?_
9. Has the project experienced any problems with nonpayment of rent.
2. Describe any major purchases or maintenance work undertaken in t'^'d debts, etc.? If so, describe and indicate steps taken to alleviate such
the reporting year. problems.
3. Describe any major repair or maintenance work still needed:
10. Describe any additional management problems that occurred dur-
ing the past fiscal year, and steps taken to solve management problems.
4. Number of evictions during the year? Explain rea-
sons for each eviction and show^unit number for each 1 '• Have there been any changes in property management staff re-
sponsible forthe project? If so, identify new staff and indicate theirquali-
fications.
5. Determine vacancy rate: (a) Total number of units:
(a) Total number of units: x 12 months =
unit months
A.I.Oc
Unit
Number
Unit
Dsgntn
cupanc^
Unit
Type
/ and Rent S
(A)
Market
Rent
(or Basic
Rent)
chedule
(B)
Approved
CHRP
Rent
(C)
Subsidy
(if any)
over CHRP
Rent
(D)
Tenant's
Portion
of Rent
(E)
No. of
Months
Occupd
(E)
Total
Rent
Reed
(BxE)
(G)
Total
Rent
Sbsdy
(CxE)
For CHRP
Assisted Units
Gross
Hsehid
Income
No. of
Occupants
(c ) At any time during the term of the loan and upon reasonable notice,
the department may enter and inspect the physical premises and inspect
all accounting records pertaining to the rehabilitation or operation of the
rental housing development.
(d) The department may perform or cause to be performed audits of
any and all phases of the sponsor's activities related to the project. At the
department's request, the sponsor shall provide, at its own expenses, an
audit of the financial condition of the project prepared by a certified pub-
lic accountant.
NOTL: Authority cited: Section .S0668.5, Health and Safety Code. Reference: Sec-
tion 50668.5. Health and Safety Code.
HiSTOl^Y
1 . New section filed 6- 1 2-89 as an emergency pursuant lo Health and Safety Code
section 5()668.5(g); operative 6-12-89 (Register 89, No. 24). A Cenificatc ol
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85. No. 33.
2. New section refiied 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Government Code section 1 1346.1(h): operative
10-10-89 (Register 89, No. 42). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will he repealed tin
2-7-90.
3. New section refiied 2-5-90 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Government Code section I l.M6.l(hi: operative
Page 389
Register 90, Nos. 26-31;8-3-90
§ 7696
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2-7-90 (Register 90, No. 6). A Ceitit'ieate ofComplianee must be transmitted
to OAL within 120 days or emergeney language will be repealed on 6-7-90.
4. .Amendment ol'subseetions (a)-(e) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g): operative 3-5-90 (Register 90, No.
12). A Ceilificate ofComplianee must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate ofComplianee as to 2-5-90 and 3-5-90 orders including amend-
ment ot subsections (a) and (b) transmitted to OAL 5-22-90 and filed 5-29-90
(Reeister90. No. 29).
§ 7696. Operating Budget.
(a) Prior lo loan closing, the sponsor shall provide the depariment an
initial operating budget for its approval. Such budget shall show all antic-
ipated income and expenses for nianagetTienl. operations, and mainte-
nance for the first year and the projected debt service coverage ratio.
(h) Sixty days prior to the end of each fiscal year, the sponsor shall sub-
mil lo the department a propo.sed operating budget for its approval. The
proposed operating budget shall set forth the sponsor's estimate of the
project's operating income, operating expenses, debt service for the up-
coming year, and any proposed rent increases pursuant to section 7683.
(c) The initial operating budget and subsequent proposed operating
budgets shall include:
(1) annual deposits to a replacernent reserve account for capital im-
provements such as replacing structural elements, furniture, fixtures, or
equipment of the rental housing development which are reasonably re-
quired to preserve the project: and
(2) an operating reserve account in an amount sufficient to offset oper-
ating shortfalls.
NoTt; Authority cited; Section 50668.5, Health and Safety Code. Reference: Sec-
tions 50668.5 and 50670. Health and Safety Code.
HtSTORY
1 . New section tiled 6-1 2-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g): operative 6-12-89 (Register 89, No. 24). A Ceilificate of
Compliance must be transmitted to OAL within 120 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5. not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 1 1346.1(h); operative
10-10-89 (Register 89" No. 42). A Certificate of Compliance must he trans-
mitted to OAL within 120 days or emeraency language will be repealed on
2-7-90.
3. New section refiled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668.5(g) and Government Code section 11346.1(h); operative
2-7-90 (Register 90, No. 6). A Ceililleate ofComplianee must be transmitted
to OAL within 120 days or emergeney language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g); operative 3-5-90 (Register 90, No.
12). A Certificate ofComplianee must be transmitted to OAL within 120 days
or emergeney language will be repealed on 7-3-90.
5. Certificate ofComplianee as to 2-5-90 and 3-5-90 orders including amend-
inent of subsections (b) and (c) transmitted to OAL 5-22-90 and filed 5-29-90
(Register90, No. 29).
§ 7697. Residual Receipts Account.
(a) The department shall establish a residual receipts account in the
fund. Two percent of any allocation made to the fund shall be deposited
into the account. Excess funds returned to the department pursuant to sec-
tion 7684(f) shall be deposited into the account to replace the allocated
funds in the account on a dollar for dollar basis. Funds so replaced shall
remain in the fund available for loans pursuant to this subchapter.
(b) The department shall maintain a reserve in the account in an
amount equal to two percent of all allocations to the fund for the purpose
of avoiding or curing defaults pursuant to section 7693(e).
(c) When funds in the account exceed the two percent default reserve
required pursuant to subdivision (b), the department may advance funds
from the account for the following:
( 1 ) payment of the cost of unforeseen capital improvements necessary
to preserve fiscal integrity and maintain affordable rents; and
(2) reduction of rents of assisted units.
(d) All funds advanced pursuant to subdivision (c) shall be part of the
deferred payment loan to the sponsor and subject to the same interest rate
and terms of repayment.
Noi 1::: Authority cited: Section 50668.5, Health and Safety Code. Reference: Sec-
tion 50668.5. Health and Safety Code.
History
1 . New section filed 6- 12-89 as an emergency pursuant to Health and Safety Code
section 50668.5(g): operative 6-12-89 (Register 89, No. 24). A Certificate of
Compliance must be transmitted to OAL within 1 20 days or the regulation will
be repealed on 10-10-89. For history of former subchapter 8 (sections
7700-7714.5, not consecutive), see Register 85, No. 33.
2. New section refiled 10-6-89 as an emergency pursuant to Health and Safely
Code section 50668.5(g) and Govemment Code section 1 1346.1(h); operative
10-10-89 (Register 89^. No. 42). A Certificate ofComplianee must be trans-
mitted to (3AL within 120 days or emergency language will be repealed on
2-7-90.
3. New section rellled 2-5-90 as an emergency pursuant to Health and Safety
Code section 50668. 5(g) and Government Code section 1 1346.1(h): operative
2-7-90 (Register 90. No. 6). A Certificate ofComplianee must be transmitted
to OAL within 120 days or emergency language will be repealed on 6-7-90.
4. Amendment of subsections (a)-(c) filed 3-5-90 as an emergency pursuant to
Health and Safety Code section 50668.5(g): operative 3-5-90 (Regisler90, No.
12). A Certificate ofComplianee must be transmitted to OAL within 120 days
or emergency language will be repealed on 7-3-90.
5. Certificate ofComplianee as to 2-5-90 and 3-5-90 orders transmitted to OAL
5-22-90 and tiled 5-29-90 (Register 90, No. 29).
§ 7700. Introduction.
NoiT: Authority cited: Sections 50406(n) and 50701, Health and Safety Code.
Reference: Sections 50700-50706, Health and Safety Code.
History
1 . Repealer filed 8-13-82; effective thirtieth day thereafter (Register 85, No. 33).
For prior history, see Registers 84. No. 40; 83, No. 1; 82, No. 25: 82, No. 17;
and82. No. 2.
§ 7702. Definitions.
NOTE: Authority cited: Sections 50406(n) and 50701, Health and Safety Code.
Reference: Sections 50700-50706. Health and Safety Code.
History
1 . Repealer filed 8-13-85: effective thirtieth day thereafter (Register 85, No. 33).
For prior history, see Registers 84, No. 40; 83, No. 1; 82, No. 25; 82, No. 17;
and 82, No. 2.
§ 7704. Program Requirements.
History
Authority cited: Sections 50406(n) and 50701, Health and Safety Code. Refer-
ence: Sections 50700-50703, Health and Safety Code; and Section 7261.6,
Government Code.
History
I. Repealer filed 8-f 3-85; effective thirtieth day thereafter (Register 85, No. 33).
For prior history, see Registers 84, No. 40; 83, No. 1; 82, No. 25; 82, No. 17;
and 82, No. 2.
§ 7706. Loan Requirements.
NOTE: Authority cited: Sections 50406(n) and 50701, Health and Safety Code.
Reference: Sections 50700-50706, Health and Safety Code.
History
1 . Repealer filed 8-1 3-85: effective thirtieth day thereafter (Register 85, No. 33).
For prior history, see Registers 84, No. 40; 83, No. 1; 82, No. 25; 82, No. 17;
and 82, No. 2.
§ 7708. Disbursements for Specified Sites.
NOTE: Authority cited: Sections 50406(n) and 50701. Health and Safety Code.
Reference: Sections 50701, 50702 and .50704, Health and Safety Code.
History
1 . Repealer filed 8-1 3-85; effective thirtieth day thereafter (Register 85, No. 33).
For prior historv. see Registers 84, No. 40; 83, No. 1; No. 25; 82, No. 17: and
82, No. 2.
§ 7710. Disbursements for Unspecified Sites.
NOTE: Authority cited: Sections 50406(n) and 50701, Health and Safety Code.
Reference: Sections 50701, and 50703, Health and Safety Code.
History
1. Renumbering and amendment of Section 77 10 to Section 70 10 filed 8-13-85;
effective thirtieth day thereafter (Register 85, No. 33). For prior historv, see
Registers 84, No. 40; 83, No. 1; 82, No. 25; 82, No. 17; and 82, No. 2.
§7712. Reports and Term.
NOTE: Authority cited: Sections 50406(n) and 50701, Health and Safety Code.
Reference: Sections 50701, 50703 and 50706 Health and Safety Code.
Page 390
Register 90, Nos. 26-31; 8-3-90
Title 25
Department of Housing and Community Development Programs
§7716
HlSIOkY
I . Kcpcalcr filed 8 -1 .^85: ctfcciivc ihiilicth dav thcrcarici( Register 83. No. 33).
For prior liislorv. sec Rciii.slers 84. No. 40: 83. No. I: 82. No. 2?>: 82. No. 17:
and 82. No. 2. '
5? 7714. Termination and Repayment.
NOTi;: Authority cited: Sections 5()406(n) and 50701. Health and Satetv Code.
Relerencc: .Sections .50701-50704. Health and .Safety Code.
HlSTOm
1. Repealer filed 8-1 .^-85: effect ive thirtieth dav thereafter (Reeister 85. No. ?>?>).
for prior history, see Registers 84. No. 40: 83. No. 1: 82. No. 25: 82. No. 17:
and 82. No. 2.
§ 7714.5. Application Review.
NOTi:: Authority cited: Sections 50407 (ni and 50701. Health and Safety Code.
Reference: Sections 50701-50704. Health and Safety Code.
HlSIOkY
I . Repealer filed 8-1 3-85: effective thirtieth dav thercal'ter (Reeister 85. No. 33).
for prior hrstorv. see Reuisters 84. No. 40: 83. No. 1: 82. No. 25: 82. No. 17:
and 82, No. 2.
Subchapter 9. CalHome Program
Requirements
Article 1. General
i? 7715. Purpose and Scope.
(a) These regulations impletnent and interpret Chapter 6 (commencing
with Section 506.50) of Part 2 of Division 31. Health and Safety Code,
which establishes the CalHome Program.
(h) These regulations establish terms, conditions and procedures for
the award and disbursetnent of funds allocated to the CalHome Program.
Nori-: Authority cited: Sections 50406(n). 50650.2 and 50650.7. Health and Safe-
ty Code. Reference: Sections 50650.3, 50650.4. 50650.5 and 50650.7. Health and
Satety Code.
History
I. New subchapter y (articles 1-10, sections 7715-7756), article 1 (sections
7715-7716) and section filed 9-29-2003: operative 9-29-2003 pursuant to
Government Code section I 1 343.4 (Register 2003, No. 40). For prior history of
Subchapter 9, articles 1^, .sections 77T. 5-7742. see Register 96, No. 12.
§7716. Definitions.
In addition to the definitions found in Chapter 2 (commencing with
Section 50050) of Part J of Division .31 of the Health and Safety Code,
the following definitions shall apply to this subchapter. References to
code sections refer to the sections of these regulations unless otherwise
noted.
(a) "Affordable" as it describes a specific financial obligation, means
that obligation can be paid by the person or household, along with all of
other financial responsibilities, without endangering the financial stabil-
ity of tbe household.
(b) "After-rehabilitation value" means the appraised value of the
property including completed rehabilitation work.
(c) "Applicant" is the locality or nonprofit corporation, which submits
an application to the Department to operate a local program, develop a
hotneownership project, or provide self-help technical assistance to a
hotneownership project.
(d) "Assisted units" means units purchased or rehabilitated with a loan
funded pursuant to this subchapter. Assisted units shall also include units
occupied by a seeker successfully matched to a homeowner provider un-
der a shared housing local program or a household provided with self-
help technical assistance in a project funded pursuant to this subchapter.
(e) "Back-end ratio" means the ratio between monthly household in-
come and monthly housing costs plus all payments on long-term install-
ment debt.
(f) "Borrower" means a homebuyer(s) or existing homeowner(s) who
has or will receive a CalHome Program loan made from a local program
funded pursuant to this subchapter, signs the promissory note, and is or
will be the homeowner of the property being financed.
(g) "Cotiimunily revitalization" A program or project will be ct)nsid-
ered to contribute towards community revitali/ation if all units to be as-
sisted with CalHome Program lunds are. or will be. located w ithin a fed-
erally defined Qualified Census Trad or a designated redevelopment
area under the jurisdiction of a local redevelopment agency.
(h) "Construction skills training program" means an existing program
that trains youth 16 to 24 years old in constructioti skills.
(i) "Department" means the Departincnt of Housing and Communily
Development.
(j) "Developer" means a locality or nonprofit corporation that t)\vns
the project land, obtains the project financing and develops the home-
ownership project.
(k) "Developer borrower" means a developer who receives a Cal-
Home loan pursuant to this subchapter for the development of a project
involving multiple homeownership units.
(/) "Eligible household" means a low- or very low-income household
that is: a first-time hotnebuyer: an existing owner-occupant of property
in need of rehabilitation; a hotneowner participant in a shared housing lo-
cal program; or a first-time hotnebuyer participant in a self-help
construction project. The eligible household shall occupy, or intend lo
occupy, the property as their principal residence and shall not lease or
rent the property (except in the case of a homeowner provider assisted
through a CalHome shared housing program in renting a room in their
home to a seeker).
(m) "First-time homebuyer" means a borrower(s) who has not owned
a home during the three-year period before the purchase of a home with
CalHome assistance, except that the following individual or individuals
may not be excluded from consideration as a first-tirne homebuyer under
this definition:
(Da displaced homemaker who. while a homemaker. owned a home
with his or her spouse or resided in a horne owned by the spouse. A dis-
placed homemaker is an adult who has not. within the preceding two
years, worked on a full-titne basis as a member of the labor force lor a
consecutive twelve-rnonth period and who has been unernployed or un-
deremployed, experienced difficulty in obtaining or upgrading employ-
ment and worked primarily without remuneration to care for his or her
home and family;
(2) a single parent who. while married, owned a home with his or her
spouse or resided in a home owned by the spouse. A single parent is an
individual who is unmarried or legally separated from a spouse and has
one or more minor children for whorn the individual has custody or joint
custody or is pregnant; or
(3) an individual orindividuals who owns or owned, as a principal resi-
dence during the three-year period before the purchase of a home with
CalHome assistance, a dwelling unit whose structure is:
(A) not permanently affixed to a permanent foundation in accordance
with local or state regulations; or
(B) not in compliance with state, local, or model building codes and
cannot be brought into compliance with such codes for less than the cost
of constructing a permanent structure.
(n) "Front-end ratio" means the ratio between monthly household in-
come and monthly housing cost, including first mortgage principal, inter-
est, taxes and insurance.
(o) "Grant" means an award of funds made from the Deparlmenl to eli-
gible localities or nonprofit corporations to operate local progratns or to
provide self-help technical assistance to a project pursuant to this sub-
chapter. In the case of a development loan, the portion of that loan which
is used to provide mortgage assistance to qualified first-time hotnebuy-
ers is converted to a grant.
(p) "Gross income" means all income as defined in California Code
of Regulations (CCR) Title 25. Section 6914.
(q) "Homebuyer education" means a specific course of instruction, de-
signed pursuant to Section 7722, to educate first-time homebuyers re-
garding various aspects of purchasing and maintaining a home.
Page 391
Register 2003, No. 40', lQ-,^-2(K33
§7716
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ir) "Homeowner provider" means a low-income person(s) currently
residing in a home they own and occupy as a principal place o1" residence,
who desires to find a tenant to share their residence.
(s) "Homeownership" means;
1 1 ) tor mortgage assistance: Tee simple title on real property or a lease-
hold interest on real property that enables the lessee to make improve-
ments on and encumber the property and has a term sulTicient to secure
the CalHome loan, ownership of a manulactured housing unit located on
a rented space in a mobilehome park: or
(2) for owner-occupied rehabilitation: fee simple title: or a leasehold
interest that enables the lessee to make improvements on and encumber
the property and has a term sufficient to secure the CalHome loan; or
ownership of a manufactured housing unit located on a rented space in
a mobilehome park.
(3) a share interest in a limited equity housing cooperative; or
(4) an interest in a mutual housing project that meets the definition in
Section 77l6(gg).
(t) "Homeownership development project" means new constiuction
on a site, including subdivisions, or scattered sites, that is under common
ownership, development financing and constaiction.
(u) "Household" means one or more persons occupying the same
housing unit.
(v) "Loan-to-value-ratio" means the ratio between the amount of all
indebtedness liened, or to be liened. against a property and the appraised
value of the property securing the liens.
( w) "Local public agency", or "locality" means a city, county, or city
and county, or a local public entity within the state of California that has
been delegated substantially all of the locality's housing functions (here-
inafter collectively referred to as a "locality"). For the purpose of this def-
inition, "housing functions" means engaging in or assisting in the devel-
opment or operation of housing for persons of low or moderate income.
Such delegation shall have been made prior to the issuance of the Notice
of Funding Availability under which the local public entity is applying.
(x) "Local program" means a first-time homebuyer mortgage assis-
tance loan program or an owner-occupant rehabilitation loan program to
provide CalHome Program loans for the acquisition and/or rehabilitation
ol' property; or a shared housing program operated by a locality or non-
profit corporation pursuant to the provisions of this subchapter.
(y) "Lower-or low-income household" means the same as defined in
Section 50079.5 of the Health and Safety Code.
(z) "Manufactured housing" means a mobilehome as defined by Sec-
tion 18007 of the Health and Safety Code. A manufactured home can be
either in a rental mobile home park, on leased land, or on property owned
by the occupant. It can either be on a permanent foundation or a founda-
don system. In these regulations, with respect to manufactured housing
not installed on a permanent foundation, terms that typically apply to
convendonally constructed housing or to loans secured by real property
shall be given the appropriate analogous meaning used in the manufac-
tured housing industry. For example, rather than holding fee title to the
property, a manufactured home owner is listed as the registered owner
on the certificate of title issued by the Department.
(aa) "Maximum Sales Price/Value Limit" is the maximum allowable
sales price or the maximum after-rehab value of a home assisted with a
CalHome Program loan. This shall be set at 100% of the current median
sales price of a single family home in the county in which the CalHome
Program or project is located.
(bb) "Monthly housing cost" means the average of the estimated costs
for the next twelve months for a homebuyer or owner-occupant and shall
include all of the following associated with that housing unit:
( 1 ) principal and interest on a mortgage loan including any rehabilita-
tion loans, and any mortgage insurance fees associated therewith;
(2) property taxes and assessments;
(3) fire and casualty insurance, including flood insurance when appli-
cable, covering replacement value of property improvements;
(4) homeowner association fees or dues, if applicable;
(5) lease payments, if the housing unit is situated on leased land; and
(6) space rent, if a manufactured housing unit is situated in a mobile-
home park.
(cc) "Mortgage" means a deed of trust which is used to secure a lien
on real property or. in the case of manufactured housing, a security instru-
ment sLdTicient to legally perfect a security interest in ihe home.
(dd) "Mortgage assistance" means permanent financing used toward
homebuyer costs, up to a maximum limit as specified in the Department's
NOFA. Another term for mortgage assistance is "downpayment assis-
tance".
(ee) "Mortgage financing" means a long-term, permanent loan, pro-
vided by a mortgage lender, which is secured by a deed of trust, or, in the
case of manufactured housing, a security instrument sufficient to perfect
a security interest in the home.
{\T) "Mortgage lender" means a bank or taisl company, mortgage
banker, mortgage broker, federal or state chartered savings and loan
association. State or Federal governmental agency or credit union whose
principal business is to originate, process, close and service loans for the
purchase or development (if appropriate) of property. "Mortgage lender"
also includes nationwide institutions whose primary purpose is to devel-
op housing and provide first mortgage financing to low-income purchas-
ers of the developed housing.
(gg) "Mutual housing" means a multi-unit homeownership develop-
ment that allows each resident a vested financial interest that has a deter-
minable market value, is divisible and gives the owner an exclusive right
to occupy a designated unit for an indefinite period.
(hh) "NOFA" is the acronym for Nofice of Funding Availability. The
NOFA is the document used by the department to announce that funds
are available and applications may be submitted.
(ii ) "Nonprofit corporation" means a corporation as defined in Section
3009 1 of the Health and Safety Code.
( jj ) "Recipient" means a locality or nonprofit corporafion that receives
an award of funds from the CalHome Program.
(kk) "Refinance" means to pay off all or a portion of existing debt se-
cured by the property from the proceeds of a CalHome Program loan or
other financing also secured by the property.
(//) "Rehabilitation" means, in addition to the definition in Health and
Safety Code, Secfion 50096 and Section 50097, repairs and improve-
ments to a manufactured home necessary to correct any condition caus-
ing the home to be substandard pursuant to CCR, Title 25, Secfion 1 704.
Rehabilitation includes reconstruction. Rehabilitation also includes
room additions to prevent overcrowding. Rehabilitation also means re-
pairs and improvements which are necessary to meet any locally-
adopted standards used in local rehabilitation programs. Rehabilitation
does not include replacement of personal property.
(mm) "Reuse account" means an account established pursuant Section
7724.
(nn) "Rural area" means the same as defined in Health and Safety
Code, Section 50101.
(oo) "Seeker" means a person who desires to be placed as a tenant in
a home that is owner-occupied.
(pp) "Self-help construcfion" means owner-building as defined in
Health and Safety Code, Secfion 50692 and may include mutual self-
help housing as defined in Health and Safety Code, Section 50692(b).
(qq) "Self-help technical assistance" means conducfing and adminis-
tering a project of technical or supervisory assistance, which will aid eli-
gible households in carrying out owner-builder housing efforts.
(rr) "Shared housing" means a local program designed to preserve
homeownership by matching a homeowner provider with a seeker.
(ss) "Shared housing match" means a seeker who has been successful-
ly placed as a tenant into the residence of a homeowner provider.
(tt) "Shared housing technical assistance" means the provision of ser-
vices required to match a homeowner provider with a seeker.
(uu) "Site control" means control of a parcel of real property as de-
scribed in Section 7744.
(vv) "Standard Agreement" means the contract entered into between
the Department and a Recipient pursuant to Secfion 7752(a).
Page 392
Register 2003, No. 40; 10-3-2003
litlc 25
Department of Housing and Community Development Programs
§7721
( WW ) ■■VoUiiuecr lahoi" means skilled or unskilled eonstiuetion kibor
pio\ ided vviiiK)Lit renuineralion.
NOTi:. Aulhoniv cited: Seclions 50406(11). 30650.2 and .^06.50.7. Hcallhand Sal'e-
l\ Code. Relerenee: Seelions .506.50..".. 50650.4. 506.50.5 and .506.50.7. Health and
.Salely Code.
Hl.STOkY
I. Nev\ sceiion tiled 9-29-200.^ opeiati\e 4-29 2()0."i pursuant to Government
Code .seelion I I .^4.'^.4 (Rciiister 20(M. No. 40).
Article 2. General Program Requirements
§ 7717. General Applicant Eligibility Requirements.
(a) Cicogiaphic Restrictions:
( 1) A locality shall only he eligible to apply for an award olCalHonie
lunds tor a local iiiograin or project located within its jurisdictional
boundaries.
(2) A iu)nproril corporation shall only be eligible to apply for an award
ol CalHoine funds lor a program or project within a county in which it
has devek)ped a project or operated a housing program within the past
lour years or in a county tor which the nonprofit corporation has an exist-
ing .52.^ Self-Help Technical .Assistance Grant Agreemenl with Uniled
Stales Department of Agriculture (USI)A).
(b) Stability and capacity:
( 1 ) To be eligible for funding, the applicant shall demonstrate to the
Department's satisfaction that it has sufficient organizational stability
and capacity tt) carry out the activity tor which it is requesting funds.
(2) In order to demonstrate organizational stability, the applicant shall
ha\e been operating as a housing developer or housing program adrninis-
trator for a minimum (A two years prior to the date of application.
(3) A nonprofit corporation must be a corporation whose exempt pur-
poses iov the two years prior to the date of application have included the
activity for which it is applying.
(4) A nonpix)fit corporation shall also deinonstrate financial stability
to the Department's satisfaction through audited financial statements
submitted for Department review as part of its application for funding.
(5) An applicant shall also ineet the additional stability and capacity
requirements set forth in these regulations for the specific activity for
which it is applying.
Nort.: Authoritv cited: Sections 5()406(n). 50650.2 and .50650.7. Health and Safe-
ly Code. Reference: Sections 50650. ."v 50650.4. 506.50,5 and 50650.7. Health and
Salely Code.
Htsroi^Y
I. New anicic 2 (sections 7717-7724) and section tiled 9-29-200.^: operative
9-29-200.^ pursuant to Government Code section 1 1.14.^.4 (Reeislcr 200.^, No.
40).
§7718. Eligible Activities.
(a) The Department may make grants to localities or nonprofit corpo-
rations lo fund local programs undertaking:
( 1 ) provision of CalHome Program loans to first-time homebuyers for
mortgage assistance;
(2) provision of CalHome Program loans to owner-occupants for re-
habilitation, including rehabilitation of manufactured homes not on a
permanent foundation;
(?) provision o\ technical assistance to self-help housing projects in
which the applicant organization will be directly providing the services
requited in Section 7738. Self-Help Project Adtninistration Assistance
Requirements; or
(4) provision of technical assistance for shared housing programs for
which the applicant organization will be directly providing the services
required in Section 7741, Shared Housing Program Administration Re-
quirements.
(b) The Department may make construction period loans to localities
or nonprofit corporations fordeveloptnent of new homeownership proj-
ects or make permanent loans for tnutual housing and limited equity
housing cooperatives.
(c) Proposed developinent projects shall be ineligible to receive fund-
ing if construction work has begun or will begin prior to the date that the
Departtnent makes an award of program funds. "Construclion work" in-
cludes: grading; site preparation (with the exception of detnolition or
clearing of properly); or site improvements intended for public dedica-
tion.
Nort:: Authority cited: Seclions 5()4()6(n) and 50650.2. Health and Satcty Code.
Reference: Section 50650. .\ Health and Salely Coile.
Hl.STOin
1. New section filed 9-29-200.^; operative 9-29-200.^ pursuant to Ciovcniincnt
Code section 1 1.^43.4 (Register 2003. No. 40).
§ 7719. Eligible and Ineligible Uses of Funds.
(a) Eligible uses of funds for specific activities are set forth in the ar-
ticle dealing with that activity.
(b) CalHome funds shall not be used for any of the following costs that
may be incurred in the local prograiri or ihe project.
(1) Refinancing of existing loans with CalHt)me tunds. except Cal-
Hotiie funds may be used for site acquisition bridge k)ans w iih a tei in o\'
thirty-six (36) months or less on homeownership development pi\)jecls.
(2) Costs associated with the rehabilitation or repair of properly owned
by a mobilehome park owner.
(3) Offsite improvements (improvements outside the boundaries of
the subdivision or individual parcels for scattered site deveU)pmenl).
(4) Unit construclion costs, except in owner-occupied rehabilitation
local programs.
(5) Recurring loan closing costs.
(6) Payoff of all or any portit)ti o\' a borrower's consumer debl. liens
or judgtnents.
(7) Self-help technical assistance grant funds may no{ be used lo pay
for purchase of land, materials, tools and construclion equipment or for
any costs of construction.
NOTE: Authority cited: Sections .5()4()6(n) and 50650.2. Health antl Safety Code.
Reference; Section 5()650.3(b), Health and Safety Code
HiSIOkY
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 k'^43.4 (Register 2003. No. 40).
§ 7720. Eligible Households.
Tobeeligible to receive the benefits of CalHome funding, an individu-
al household shall;
(a) be a lower-income household, when C(,)nsidering the gross income
of all household residents eighteen ( IS) years old t)r older. Ft)r shared
housing match services, where the provider is elderly, the income oi
non-occupying children who are on title will not be counted;
(b) include as borrowers on the CalHome Progratn promissory note all
persons who will be or are on title to the property; and
(c) either;
( 1 ) in the case o\' a rehabilitation loan or if receiving shared housing
match .services, be an owner-occupant and intend to continue occupying
the home as a principal place of residence; or
(2) in the case of a tnortgage assistance loan or if receiving self-help
technical assistance services, be a first-time homebuyer and intend lo
occupy the home as a principal place of residence.
NOTE: Authority cited: Sections .5()4()6(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650(0 and 50650.3, Health and Safety Code.
Hl.STOKY
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1.^43.4 (Register 2003. No. 40).
§ 7721. Local Program/Project Administration.
(a) The Recipient shall itnplemeni the local program or project and be
responsible for the following activities:
( 1 ) marketing the local program or project;
(2) determination of a household's income-eligibility pursuant to the
income requirements of this subchapter;
(3) where applicable, based on the nature of the local program or proj-
ect, compliance with the following requireinents;
(A) Section 7722 hoinebuyer education requirements;
(B) Section 7723 loan servicing requirements;
(C) Section 7724 reuse account requirements;
(D) Section 7730 mortgage assistance requirements;
Page 393
Register 2004, No. 23; h -4 -2004
S 7722
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
lE) Section 7731 niorigage assistance underwriting requirements:
(F) Section 7734 owner-occupied reiiabilitation requirements:
(G) Section 7735 owner-occupied rehabilitation underwriting and
construction requirements:
(H) Section 7738 sell-help technical assistance requirements: and
(I) Section 7741 shared housing technical assistance requirements.
(4) for mortgage assistance or owner-occupied rehabilitation loans,
dishursing funds on behalf of borrowers at time of property acquisition
or during rehabilitation;
(5) maintaining complete and accurate records of all CalHome Pro-
gram loan disbursements and repayments te) ensure adherence to proper
accounting procedures for the CalHome Program loans, which may be
verified by the Department and may be subject to a fiscal and program-
matic audit;
(6) complying with reporting requirements pursuant to Section 7754:
and
(7) complying with all other locality and/or nonprofit corporation re-
quirements as set forth in these regulations and all applicable Federal and
Stale regulations.
Noi t. Authorilv cited: Sections .S04()6(n) and .S06.S0,2, Health and Sat'civ Code.
Reference: Sections 50630.3(b), 50650.4 and 50650.7. Health and Safety Code.
History
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 7722. Homebuyer Education Requirements.
(a) Homebuyer education shall be provided to all homebuyers receiv-
ing a CalHome mortgage assistance loan and to all self-help participants
beitig assisted under a CalHome self-help technical assistance grant. For
each home purchase completed by an assisted household, the CalHotne
program shall provide a grant of up to a maximum amount as published
in the latest NOFA per assisted household toward the cost of the home-
buyer education, provided the following conditions are met:
( 1 ) homebuyer education curriculum shall be pre-approved by the De-
partment and at a minimum, shall include the following topics;
(A) preparing for homeownership
(B) available financing and credit analysis;
(C) loan closing and homebuyer responsibilities;
(D) home maintenance and loan servicing:
(2) a certificate of successful completion of homebuyer education
shall be issued to each prospective homeowner and a copy submitted to
the Department.
NOTIZ. Authority cited: Sections 5()406(n) and 50650.2. Health and Safety Code.
Reference: Section 50650.3(b). Health and Safety Code.
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 11 343.4 (Register 2003. No. 40).
§ 7723. Loan Servicing Requirements.
(a) Recipients shall develop and employ a loan servicing plan that has
been submitted to and approved by the Department as addressing the fol-
lowing topics;
(1 ) Process for monitoring the requirement of owner-occupancy.
(2) Annual review of hazard and flood insurance,
(3) Timely payment of property taxes and assessments,
(4) Accounting for repayment of CalHome Program loans,
(5) Properly calculating payoffs,
(6) Processing demands.
(7) Reconveyance of deeds of trust,
(8) Collection of CalHome Program notes in default or foreclosure,
(b) If loan servicing will be performed under a contract with a third
party, that third party must be in the business of performing loan servic-
ing; and
(c) Recipients shall be required to enter into a long term monitoring
agreement with the Department allowing Department monitoring of loan
servicing for compliance with these regulations.
NOTl:: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650.3(b), 50650.4 and 50650.7, Health and Safety Code.
History
1. Neu section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 113434 (Register 2003. No. 40).
2. Neu suhseelion (a) filed 6-4-2004: operative 7-4-2004 (Reeister 2004. No,
23).
§ 7724. Reuse Account.
(a) CalHome Recipients shall develop and employ a reuse account
plan that has been subinittcd to and approved by the Department as ad-
dressing the following topics;
( 1 ) Description of a tracking system to ensure the reuse of funds for
eligible activities including:
(A) Loans to individual homeowners and hotnebuyers.
(B) CalHome loan processing, housing rehabilitation processing,
homebuyer education and other eligible activity delivery fees, and;
(C) Allowable 5% loan servicing fee.
(b) All repayments of CalHotne Program loan principal and any Cal-
Home Program loan interest shall be deposited into a separately main-
tained reuse account.
(c) Any interest earned on deposited CalHome reuse funds must ac-
crue to the CalHome identified i'unds and be reused for CalHome pur-
poses.
(c) Funds in the reuse account shall only be used by the Recipient for
CalHotne Program eligible activities.
(d) Recipients shall be required to enter into a long term monitoring
agreeinenl with the Department allowing Department monitoring of re-
use accounts for coinpliance with these regulations.
NOT'l:: Authority cited: Sections .S()4()6(n) and .S0650.2. Health and Safety Code.
Reference: .Section .■S()650.3(h), Health and Safety Code.
History
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1.3434 (Register 2003. No. 40).
2. New subsections (a)-(a)( 1)(C) filed 6-4-2004: operative 7-4-2004 (Resister
2004. No. 23).
Article 3.
Homeowner/Homebuyer Loan
Requirements
§ 7725. i\/laximum Homeowner/Homebuyer Loan Amounts.
(a) CalHome Program loans to individual borrowers shall not exceed
the amount published in the current NOFA or. when considered with oth-
er available financing and assistance, the minimum amount necessary:
( 1 ) in the case of first-time homebuyer mortgage assistance, to ensure
affordable monthly housing costs as defined by the first mortgage lender.
(2) in the case of owner-occupant rehabilitation, to fund eligible reha-
bilitation costs only, in accordance with program requirements.
NOTi:: Authority cited: Sections 5()406(n) and .S0650.2. Health and Safety Code.
Reference: Sections 50650.3(b) and 50650.7. Health and Safety Code.
History
1. New article 3 (sections 7725-7727) and section filed 9-29-2003: operative
9-29-2003 pursuant to Government Code section 1 1343.4 (Register 2003. No.
40).
§ 7726. Homeowner/Homebuyer Loan Terms.
(a) CalHome Program loans shall be secured by the property or lease-
hold interest, as applicable.
(b) The lien securing repayment of the CalHome Program loan shall
be subject only to liens, encumbrances and other matters of record re-
viewed and approved by the Recipient responsible for underwriting the
CalHome Program loan.
(c) Homeowner/Homebuyer CalHome Program loans shall have the
following terms and conditions:
( 1 ) principal and interest payments shall be deferred for the term of the
CalHome Program loan;
(2) loans shall he repayable upon sale or transfer of the property, when
the property ceases to be owner-occupied, or upon the CalHome Pro-
gram loan maturity date; However, if it is determined by the recipient that
repayment of the CalHome Program loan at the maturity date causes a
hardship to the borrower, the recipient has two other options. They are;
Page 394
Register 2004, No. 23; 6-4-2004
Title 25
Department of Housing and Community Development Programs
{^ 773(1
(A) Aineiiding ihc iiolc and deed ol irusi lo defer lepiiymeni of the
aiiH)imi due at loan nialiiiity. thai is the original prineipai and the aceiued
interest, lor up lo an additional 30 years (at (VA additional interest), tiiis
may be olTered one time, or;
(B) Conxerting the debt at loan maturity, that is the original prineipai
balanee and any aeerued interest, to an amortized loan, repayable in \5
years at (Y/i additional interest.
(3) loans are not assumable:
(4 1 the follow ing transfers of interest shall not require the repayment
of the CalHome Prt)gram loan:
(A) transfer 10 a surviving joint tenant by devise, deseeni. or operalion
of law on the death of a joint tenant;
(H) a transfer, in whieh the transferee is a person who oeeupies or will
oceupy the properly, whieh is:
(i) a transfer where the spouse beeouK-s an owner of the properly;
(ii) a transfer resulting from a deeree oi'dissolution of marriage, legal
separation agreement, or from an incidental properly setllement agree-
ment by whieh the spouse beeomes an owner of the property; or
(iii) a Iransi'er into an inter vivos irusi in which the borrower is and re-
mains the beneficiary and occupant of the property;
{>) the term for firsl-lime homebuyer mortgage assistance CalHornc
Program k)ans shall be thirty (30) years with the following exception:
when United Slates Department of Agriculture. Rural Housing Service
(USDA-RHS).'S()2 mortgage loans are in I'irsi lien position, the term shall
he the term of the .'^02 mortgage (30 to 38 years);
(6) the term for owner-occupied rehabilitation CalHome Program
loans shall be a maximum of thirty (30) years as determined by the Recip-
ient; and
(7) a borrower may pay the CalHome Program loan amount, in part or
in whole, at any lime without penalty.
(d) All CalHome assistance to individual households shall be made in
the form of a loan. Recipients may make CalHome Pre)gram loans bear-
ing simple interest up it) three percent per annum, and may allow forgive-
ness of all t)r a portion of the accrued interest as part oi' its local program
design. Loan principal shall not be forgiven, except as allowed by statute.
In lieu of making loans bearing a fixed rate of interest, recipients may
instead charge conlingenl deferred interest in the form of shared net ap-
preciation as set forth in subsection (e).
(e) Shared net appreciation is allowed, only as follows:
(1) gross appreciation is calculated by subtracting the original sales
price from the current sales price or ihe current appraised value if the loan
accelerating event is other than sale of the property;
(2) net appreciation is calculated by subtracting the seller's applicable
cU)sing costs, seller's cash contribution in the original purchase transac-
tion, the \alue of seller's sweat equity, if applicable, and the documented
value of capital improvements from the gross appreciation amount;
(3) the recipient may only claim repayment of the principal, interest
and a portion of the net appreciation. That maximum portion of ihe net
appreciatit)n which may be claimed by the recipient is equal to the per-
centage of the value of the residence financed by the CalHome Program
loan. That is. if the loan equals twenty percent (20%) of the initial value
of the residence, a maximum of twenty percent (20% ) of the appreciation
may be charged by recipient.
(f) In any loan transaction where the CalHome Program loan is the
only subsidy, the borrower cannot be restricted from selling the home at
its fair market value at any time.
Nori:; Authority cited: Sections .^0406(11) ancl ,S()6.S().2. Health and .Safety Code.
Reference: Sections .s()6.^()..^(b) and 5()6.S().7, Health and Salety Code.
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 11 343.4 (Resister 2003. No. 40).
§ 7727. Homeowner/Homebuyer Loan-to-Value Limits.
(a) The loan-to-vakie ratio for a mortgage assistanc-e CalHome Pro-
gram loan, when combined with all other indebtedness to be secured liy
the property, shall not exceed one hundred ( 1 00) percent of the sales piicc
plus a maximum of up to fixe (5 ) percent of the sales price to coxer actual
closing costs.
(b) The loan-lo-value ratio for an owner-occupied rehabililalion Cal-
Home Program loan, when combined with all other indebtedness secured
hy the property, shall not exceed one hundred-five ( 105) percent oi the
alter-rehabilitalion value estimated pursuant to Section 773.'^(b)( 1 ).
Nort- Authorily cited: Sections .■S()40(iin) and .S()650.2. Health and Salelx Coile.
Reference: Sections .^06,^0. 3(b) and .s()65() 7. Health and Safety Code
H^STC)k^
1. New .section filed 9-29-2003: operative 9-29-2003 pursuant lo Government
Code section 1 1 .^43.4 (Reeisler 2003, No. 40).
Article 4. Mortgage Assistance Programs.
§ 7728. Eligibility Requirements.
In addition lo the requirements of Section 7717. lo be eligible to apply
for CalHome i'unding for a mortgage assistance program, the applicant
shall have successfully administered a homebuyer program for a mini-
mum of two years within the four years immediately preceding the ap-
plication.
NOTE: Authority cited: Sections ,S04()6(n) and .^06.s().2. Health and Salelx Coile.
Reterenee: Section 506.^0.4. Health and Salety Code.
HisroRV
1. New aniele 4 (sections 772X-773I) and section filed 9-29-2003; opeialue
9-29-2003 pursuant loGovemmeni Code .section 1 1 343.4 ( Rciiister 20()."v No.
40).
§ 7729. Eligible Costs.
CalHoine funds in support of a mortgage assistance program shall be
used only for the following costs:
(a) Mortgage assistance for peinianent financing ol' ;
( 1 ) a dwelling unit ready for occupancy; or
(2) a unit acquired by a loan such as a HUD FHA 2()3(k) loan. This in-
cludes self-help housing mortgage assistance, except thai CalHome per-
manent financing inay be disbursed at time of lot purchase where the
.self-help housing is being financed under ihe U. S. Deparlmenl of Agri-
culture. Rural Housing Service .'>()2 program;
(b) Homebuyer education, which will be reimbursed in the form t)f a
grant from the Deparlmenl to the Recipient in an amount not to exceed
the maximum published in the current NOFA.
(c) Non-recurring loan closing costs.
(d) A CalHome loan-processing activity delivery fee not to exceed the
maximuin amount published in the current NOFA will be reimbursed in
the form of a grant from the Deparlinent to the Recipient.
NOTE: Authority cited: Sections 504()6(n) and .'i06,S0.2. Health and Salelx Code.
Reference: Section 506.S0.3(h). Health and Safety Code.
HiSlOKV
1. New section tiled 9-29-200.'^; operative 9-29-2003 pursuant to Government
Code section I 1343.4 (Register 2003. No. 40).
§ 7730. Local Program Administration Responsibilities.
The recipient of CalHoine funds to operate a local mortgage assistance
program shall be responsible for the following activities:
(a) providing information and assistance to first-time homebuyers on
obtaining maxitnum amount of first mortgage financing pursuant to the
underwriting requirements in Section 7731;
(b)reviewingCalHome required appraisals forproperly eligibility un-
der value limits established pursuant to Section 7731(b)(3). The ap-
praised value shall not exceed these limits;
(e) in the case of acquisition of existing housing, the Recipient shall
be responsible for inspection of properties to be purchased or a review
of Uniform Residential Appraisal Reports, including the Valuation
Conditions, to ensure that they conform to the requirements of State
Housing Law (California Health and Safely Code, Section 17910 el
seq.);
(d) ensuring completion by each assisted household of a homebuyer
education class thai meets the requiremenis of Section 7722; and
(e) originating, underwriting, packaging and closing CalHome Pro-
gram loans in accordance with prograin requiremenis.
Page 394.1
Register 2004, No. 23; 6-4-2(K)4
§ 7731
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTI- Aiilhohly cilcd: Sections 50406(11) and 50650.2, Health and Satcly Code.
Relerenee: Sections 50650.3(b) and 50650.7. Heailii and Salety Code.
Hisiom
I. New section Tiled 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1.M3.4 (Register 2003. No. 40).
§ 7731. Mortgage Assistance Underwriting Requirements.
(a) CalHome Rccipienls shall develop and employ Moilgage Assis-
taticc Piograin Underwriting Guidelines that have been snhniitled to and
approved by the Department as addressing the Ibllowing underwriting
topics:
(1 ) establish front and back-end ratios used to qualify the borrower;
(2) what criteria will be used to determine the credit worthiness of the
borrower:
(3) requirements for the first tnortgage:
(A) Borrower shall obtain the maximum first lien mortgage loan with
a term and interest rate from a mortgage lender consistent with affordable
housing costs as defined in each program's guidelines.
I B) Mortgage loans shall not include pro\ isions for negative amortiza-
tion, principal increases, balloon payments or deferred interest
(4) financing subordinate to the CalHome Program loan:
(A) lees and/or charges for subordinate financing shall be reasonable
loan origination fees for first mortgage financing as determined by the
Department to be consistent with industry standards;
(B) there must not be a balloon payment due before the maturity date
of the CalHome Program loan;
(C) all subordinate financing provided shall defer principal and inter-
est payments for the term of the CalHome Program loan;
(b) Prior to close of escrow, the Recipient shall ensure that an appraisal
has been obtained which meets the following requirements:
(1) the appraisal shall be prepared by a State-licensed, residential
property appraiser;
(2) the appraisal shall use the sales of comparable properties approach
to determine value; and
(3) ma.ximum appraised home values at time of purchase or upon
completion of acquisition/rehabilitation work shall not exceed the ap-
praised value limit established by the Department and published in the
NOFA.
(c) Cash out of escrow to borrowers are limited to the amount depos-
ited into escrow by the borrowers and not needed for any lender-required
minimum down-payment.
(d) Recipients must obtain title insurance in the amount of the Cal-
Home Program loan at close of escrow.
(e) Fire insurance (and flood insurance where applicable) require-
ments are as follows:
( 1 ) Recipient must require borrowers to maintain insurance on the
property in an amount at least equal to the replacement value of the im-
provements; and
(2) Recipient must be named as additional loss payee on the policy.
NOTIi: Authority cited: Sections 5()406(n) and 50650.2. Health and Salety Code.
Reference: Sections 50650.3(b) and 50650.7, Health and Safety Code.
History
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003. No. 40).
Article 5.
Owner-Occupied Rehabilitation
Programs
§ 7732. Eligibility Requirements.
In addition to the requirements of Section 77 1 7, to be eligible to apply
for CalHome assistance for an owner-occupied rehabilitation program,
the applicant shall have successfully administered a local owner-occu-
pied rehabilitation program for a minimum of two years within the four
years immediately preceding the application.
NOTE: Authority cited: Sections 50406(n) and .50650.2, Health and Safety Code.
Reference: Sections 50650.4 and 50650.7, Health and Safety Code.
History
1. New article 5 (sections 7732-7735) and .section filed 9-29-2003: operative
9-29-2003 pursuant to Government Code section 11 343.4 (Rciiisler 2003. No.
40).
§ 7733. Eligible Costs.
CalHome funds in support of an owner-occupied rehabilitation pro-
gram shall be used only for the following costs:
(a) Cost of rehabilitation of the property, as defined in Section
11 mil).
(b) Cost of building permits and other related government fees.
tc) Cost of an appraisal, architectural, engineering, and other consul-
tant serv ices that are directly related to the rehabilitation of the property.
(d) Non-recurring loan closing costs.
(e) Replacement cost of a manufactured hoine not on a permanent
foundation up to the tnaximum atiiount published in the current NOFA
in the case w here it has been determined by the Recipient it is infeasible
to rehabilitate the home.
(f) A CalHome activity delivery fee in an amount not to exceed the
tnaximum amount published in the current NOFA per assisted unit will
be reimbursed in the form of a grant from the Department to the Recipi-
ent.
NOTh: Authority cited: Sections 504()6(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650.3(b) and 50650.7. Health and Safety Code.
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1 .343.4 (Register 2003, No. 40).
§ 7734. Local Program Administration Requirements.
The recipient of CalHome funds for the operation of a local owner-oc-
cupied rehabilitation progratn shall be responsible for the following acti-
vities:
(a) reviewing CalHome required after-rehabilitation appraisals for
property eligibility under value limits established in the current pub-
lished NOFA;
(b) originating, underwriting, packaging and closing CalHome Pro-
grain loans in accordance with program requirements; and
(c) completion of rehabilitation construction requirements pursuant to
the Owner-Occupied Rehabilitation Program Guidelines required by
Section 7735(a).
NOTf: Authority cited: Sections 5(M06(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650.3(b) and 50650.7, Health and Safety Code.
History
1. New section Hied 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 L'^43.4 (Register 2003, No. 40).
§ 7735. Underwriting and Construction Requirements.
(a) CalHome Recipients shall develop and employ Owner-Occupied
Rehabilitation Program Guidelines submitted to and approved by the De-
partment as addressing the following topics:
( 1 ) owner-occupied rehabilitation underwriting guidelines including
borrower credit requirements; and
(2) rehabilitation construction requirements.
(b) Prior to commencement of rehabilitation work, an appraisal shall
be obtained with the following requirements:
( 1 ) the appraisal may be prepared by Recipient's staff using the sales
of comparable properties approach to determine value. If comparable
sales are not available, the appraisal shall be prepared by a Slate-li-
censed, residential property appraiser;
( 2) the appraisal shall take into consideration the estimated value of the
rehabilitation work to be completed on the property and shall include the
pre-rehabilitated value and the after-rehabilitated value; and
(3) An appraisal is not required in the case of rehabilitation work on
a manufactured home not on a permanent foundation.
(c) Any cash out of escrow to borrowers is prohibited.
(d) Recipients must obtain title insurance in the amount of the Cal-
Home Program loan at close of escrow.
(e) Fire insurance (and Flood insurance where applicable) require-
ments are as follows:
Page 394.2
Register 2(X)4, No. 23; 6-4-2004
Title 25
Department of Housing and Community Development Programs
^7741
•
( 1 ) Recipient must require borrowers lo mainlain insurance on the
property in an amount at least equal lo the replacement value of the im-
provements; and
(2) Recipient must be named as additional loss payee on the policy.
Noi t;: Auihonly cited: Sections 5()4()6(ii) and S()650.2. Health and Safety Code.
Kelcrcnce: Sections .^065().3(b) and 50650.7. Health and Satety Code.
HlS'lOKY
I. New section tiled ^-29-200.^; operative 9-29-200,3 pursuant lo Government
Code section 1 1 .34.3.4 (Reci.ster 2003, No. 40).
Article 6.
Self-Help Technical Assistance
Projects.
§ 7736. Eligibility Requirements.
In addition lo the requirements of Section 7717. to be eligible to apply
for CalHome assistance tor a sell-help technical assistance project, the
applicant shall meet the criteria set forth in the CCR. Title 25. Division
1. Chapter 7. Subchapter 6.5, Article I. Section 7532 "Eligible Spon-
sors", and have successfully completed a minimum of two self-help, new
construction projects within the four years immediately preceding the ap-
plication.
Nort,; Authority cited: Sections .50406(n) and 506.50.2. Health and Safety Code.
Reference: Sections 5065().3(b). 50650.4 and 50650.7. Health and Safety Code.
History
1. New aniele 6 (.sections 7736-7738) and section tiled 9-29-2003; operative
9-29-2003 pursuant lo Government Code section 1 1343.4 (Reeisler 2003. No.
40).
§ 7737. Eligible Costs.
CalHome funds in support of a self-help technical assistance project
shall be used only for the following costs:
(a) Costs for assistance, training and supervision on self-help
construction activities and techniques.
(b) Homebuyer education, which will be reimbursed in the form of a
grant from the Department to the Recipient in an amount not to exceed
the maximum published in the current NOFA.
(c) Costs of assistance provided in project development which in-
cludes, but is not limited to. the preparation of contracts for professional
services, application for project funding, packaging households' applica-
tions for assistance, preparation of subdivision maps, review of engineer-
ing plans and specifications for conslixiction and rehabilitation projects
and compliance with appropriate requirements of funding agencies and
local governmenl.
(d) Administrative costs of providing technical assistance for the proj-
ect funded by the Department including, but not limited to, wages, sala-
ries and fringe benefits of clerical and management personnel and pay-
ment for rent, utilities, communications, printing and travel expenses.
NoiE: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Reterence: Section 5()650.3(b). Health and Safety Code.
HlSlORY
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Governmenl
Code section 1 1 343.4 (Register 2003, No. 40).
§ 7738. Self-Help Technical Assistance Requirements.
(a) The recipient shall develop and employ Self-Help Technical As-
sistance Program Guidelines submitted to and approved by the Depart-
ment as addressing the following topics;
( 1 ) Program Marketing
(2) Recruitment of homebuyers and selection criteria
(3) Income limits for participation and income determination proce-
dures
(4) Criteria for homebuyer participation in the program including;
(A) Residency requirements
(B) Credit requirements
(C) Process for determining pariicipant's physical capability to assist
in the construction of their home
(5) List of activities to be performed by self-help participants
(6) Construction training plan
(7) Homeownership training plan
(b) A home assisted with self-help technical assistance shall not be
sold at a price that exceeds its appraised value;
(c) Prior to thedisbursemeni of an advance, not lo exceed twenty-five
percent (259^^) of the total grant amount, the recipient must submit a cerii-
ficalion that the recipient does not have available funds to initiate the
project.
NOTt: Authority cited: Sections 504()6(n) and 50650.2, Health and Salet\ Code.
Reference: Section 50650. 3(h). Health and Safely Code.
History
1. New section tiled 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1.343.4 (Resisler 2003. No. 40).
Article 7. Shared Housing Programs.
§ 7739. Eligibility Requirements.
In addition to the requirements oi' Section 77 1 7. lo be eligible lo apply
for CalHome assistance for a shared housing program, the applicant shall
have successfully administered a shared housing prograin for a minimum
of two years immediately preceding the application.
NCTtL: Authority cited: Sections 504()6(n) and 50650.2. Health and Safety Code.
Reterence: Sections 5()650.3(b). 50650.4 and 50650.7. Health and Saleiy Code.
His I OR Y
1. New article 7 (sections 7739-7741) and section tiled 9-29-2003: operative
9-29-2003 pursuant lo Governmenl Code section 1 1 343.4 ( Reuisier 2003. No.
40).
§ 7740. Eligible Costs.
CalHome shared housing technical assistance funds shall be used only
for the following costs;
(a) Indirect costs of administering a shared housing local program, in-
cluding the costs of providing information and referrals; outreach/mar-
keting costs; program evaluation; and CalHome program rept)rting re-
quirements; and/or
(b) Costs of direct services, including shared housing matching, docu-
mentation of match efforts, and match follow-up services.
NOTE: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Reference: Section 50650.3(b), Health and Safety Code.
History
1. New section Hied 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 7741. Program Administration Requirements.
(a) A shared housing technical assistance local program shall, at a
minimum, include the following fealures;
( 1 ) information regarding services available, procedures and program
requirements, which shall be provided to all individuals requesting assis-
tance;
(2) outreach and marketing activities shall be conducted lo reach both
potential homeowner providers and potential seekers and provide in-
formation about the availability, purpose and requirements of shared
housing match services;
(3) program evaluations shall be obtained from clients (homeowner
providers and seekers) by the shared housing technical services provider
to be used as a basis for assessment and improvement of services pro-
vided to clients; and
(4) all services required lo etTect a shared housing match between a
low-income qualified homeowner provider and a seeker which must in-
clude at minimum, intake forms/applications, face-to-face interviews
between homeowner providers/seekers and shared housing agency staff,
reference checks, and income determinations lo determine homeowner
provider eligibility;
(5) documentation ofa minimum ten ( 10) percent reduction in housing
costs (or increased income) for homeowner providers, except in
instances where a homeowner provider is age sixty (60) or over or dis-
abled and the seeker (renter) will be providing services to the homeowner
provider. In cases that do not meet this requirement, the Recipient shall
provide written justification; and
Page 394.3
Register 2004, No. 23; 6-4-2004
§ 7742
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(6) match follow-up services to determine match satisfaction and to
help clients maintain a successful shared housing match.
(b) A seeker may not be matched to a homeowner provider who rents
out more than two rooms in their home.
(c) The aggregate annual CalHome reimbursement cannot exceed fifty
(.'^0) percent of the locality's or nonprofit corporation's annual budget for
their shared housing match local program.
Nott: Authority cited: Seclions 50406(n) and .^06.^0. 2. Health and Safety Code.
Relerence: Sections 506.S0..^(b) and 50650.7. Health and Safety Code.
Hl.STORY
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003. No. 40).
Article 8. Development Loan Requirements
§ 7742. Eligibility Requirements.
In addition to the requirements of Section 77 1 7, to be eligible to apply
for a development loan, an applicant shall have successfully developed
a minimum of two similar projects within the last four years, and the ap-
plicant shall have staff that will be committed to the proposed project that
possess the knowledge, skills and ability to perform the tasks required in
a homeownership development project.
NOTE: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650.3(b), 50650.4 and 50650.7, Health and Safety Code.
History
1. New article 8 (sections 7742-7748) and section filed 9-29-2003: operative
9-29-2003 pursuant to Government Code section 1 1 343.4 (Register 2003, No.
40).
§ 7743. Eligible Costs.
CalHome funds in support of a development project shall be used only
for the following costs:
(a) purchase of real property;
(b) building permits and state and local fees;
(c) predevelopment costs directly related to the single-family housing
development;
(d) onsite improvements related to single-family housing develop-
ment (within the boundaries of the subdivision or individual parcels for
scattered site developments);
(e) carrying costs during construction, including insurance, construc-
tion financing fees and interest, taxes, and any other expenses necessary
to hold the property while the single-family housing development is un-
der construction;
(f) escrow, title insurance, recording and other related costs;
(g) costs for items intended to assure the completion of construction,
such as contractor bond premiums;
(h) environmental hazard reports, surveys, and investigadons; and
(i) payoff of bridge loan financing for site acquisition which has a term
of thirty-six (36) months or less.
NOTE: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Reference: Section 50650.3(b), Health and Safety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 7744. Site Control.
To be eligible to apply for a homeownership development project
loan, the applicant shall have site control of the proposed project property
as evidenced by one of the following:
(a) fee simple title;
(b) an enforceable option to purchase, which shall extend, or may be
extended, for a minimum of 1 20 days beyond the deadline for application
submittal;
(c) a disposition and development agreement with a public agency;
(d) a sales contract, or other enforceable agreement for the acquisition
of the property; or
(e) a leasehold interest, or an enforceable option to lease. The option
to lease shall extend for a minimum of 1 20 days beyond the deadline for
application submittal. The leasehold term inust be for a minimum of 40
years. The leasehold inust have provisions that enable the lessee(s) to
iTiake improvements on and encumber the property for a term sufficient
to secure the CalHome lien; or
(f) other forins of site control that give the department equivalent as-
surance that the project will be able to proceed without inordinate delay.
NOTE: Authority cited: Sections 5()406(n) and 50650.2. Health and Safety Code.
Reference: Section 50650.3(b). Health and Safety Code.
History
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1.^43.4 ([Register 2()()3. No. 40).
§ 7745. Maximum Development Loan Amount.
The maximiitn project development loan atnount shall be published in
the current NOFA.
NOTE: Authority cited: Seclions 50406(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650.3(b) and 50650.7, Health and Salety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 7746. Development Loan Terms.
(a) All CalHoiTie Program development loans shall be secured by the
project real property and improvements, subject only to liens, encum-
brances and other matters of record which have been reviewed and ap-
proved by the Department on a case-by-ca,se basis.
(b) The development loan lertn shall end no later than the date speci-
fied in the Standard Agreement.
(c) Principal and interest payments shall be deferred for the term of the
development loan.
(d) Development loans shall be repayable at perinanent closings of the
individual hoinebuyer CalHome Program loans or at the development
loan maturity date, whichever occurs first. The portion of development
loan repayments that are used to provide mortgage assistance to qualified
first-time hoinebuyers will be converted to a grant to the Recipient. The
balance of the development loan will be repaid to the Department.
(e) Development loans shall bear interest at the rate of six percent sim-
ple interest per annum. The Department may forgive accrued interest on
a pro rata basis to the extent that the number of lower-income households
originally proposed to be served, have been served upon completion of
the project.
NOTE: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Reference: Sections 50650.3(b) and 50650.7, Health and Safety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 7747. Development Loan-to-Value Limits.
Loan-to-value limits include all liens recorded or to be recorded on
the project property.
(a) When development loan funds are used for the purchase of unim-
proved real property, the loan-to-value ratio shall not exceed one
hundred ( 1 00) percent of the unimproved appraised value.
(b) When development loan funds are used for the purchase of im-
proved real property, the loan-to-value ratio shall not exceed one
hundred (100) percent of the improved appraised value.
(c) When development loan funds are used for predevelopment or site
improvement costs, the loan-to-value ratio shall not exceed 100 percent
of the appraised land value, plus predevelopment and/or site improve-
ments costs.
Note: Authority cited: Sections .50406(n) and 50650.2, Health and Safety Code,
Reference: Sections 50650.3(b) and 50650.7, Health and Safety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 7748. Development Requirements.
(a) Prior to disbursement of development loan proceeds:
( 1 ) the developer borrower shall be the sole owner of the development
site or upon close of purchase escrow when CalHome funds are being
used for site acquisition;
Page 394.4
Register 2(X)4, No. 23; 6-4-2004
Title 25
Department of Housing and Community Development Programs
S7751
•
(2) the developer borrower shall have a firm rinancing commitnieni(s)
lor all eosls lo ct)mplele the developnienl;
(3) ihe Deparlnicni shall have approved a I'inal consiniclion budget
that ensures that the estimated sales priee of the homes to be eoiistructed:
(i) do not exeeed the limits established in the NOFA: and
(ii) can reasonably be expected to be affordable to eligible buyers: and
(4) the developer borrower shall have met all other Department condi-
tions for disbursement as stated in the Standard Agreement required by
Section 77ri2(a).
(b) Consistent with the capacity requirements of Section 7717 and
7742, the developer borrower shall be required to develop the project
without any co-developer.
Ic) A home assisted with a development loan shall not be sold at a price
that exceeds its appraised value.
NotIl. Authority cited: Sections 5()4()6(n) and 50650.2. Health and Sat'etv Code.
Kelereiice: Scctitins 5()65().3(b). 50650.4 and 50650.7. Health and Safety Code.
HlSfORV
I New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code .section 1 1343.4 (Remster 2003. No. 40).
Article 9. Application Procedures
§ 7749. Application Process.
(a) The Department shall periodically issue a NOFA that specifies,
among other things, the amount of funds available, the minimum/maxi-
mum application amount, the minimum/maximum activity amount,
minimum/maximum amount per assisted unit, the maximum reimburse-
ment amount per shared housing match, the maximum sales price/value
limit which will represent lOO'/r of the current local median sales price
of a single family home, minimum number of units per homeownership
development project, application requirements, the activities eligible for
funding, the number of activities that may be applied for in one applica-
tion, the allocation of rating points, the deadline for submittal of applica-
tions, the schedule for rating and ranking applications and awarding
funds, and the general terms and conditions of funding commitments.
(b) In order to implement goals and purposes of the CalHome Pro-
gram, the Department may adopt measures to direct funding awards to
designated local program types or project types including, but not limited
to local programs or projects thai: are utilizing self-help labor; are utiWi-
ing volunteer labor: involve a construction skills training program: con-
tribute toward community reviialization: or are located in rural areas or
other areas to achieve a reasonable geographic distribution of funding,
to the extent feasible. Such measures may include, but are not limited to:
( 1 ) issuing a separate NOFA for designated local program or project
types:
(2) awarding bonus points to designated local program or project types
within a particular NOFA:
(.3) reserving a portion of funds in the NOFA for designated local pro-
gram or project types: and/or
(4) notwithstanding anything in these regulations to the contrary, a
separate NOFA issued pursuant to this subsection may establish an over-
the-counter application process meaning the Department continuously
accepts and rates applications until the funding available under the
NOFA is exhausted. At a minimum, a separate NOFA shall include a de-
scription of the application process and funding conditions, shall require
compliance with paragraph (a) of this Section, and shall establish mini-
mum funding threshold criteria based on the rating criteria set forth in
subdivision 7741.
NOTE: Authority cited: Sections 50406(n) and 50650.2, Health and Safety Code.
Rclerence: Section 50650.7, Health and Safety Code.
History
I. New article 9 (.sections 7749-775!) and section filed 9-29-2003; operative
9-29-^2003 pursuant to Government Code section 1 1 343.4 (Resister 2003, No.
40).
§ 7750. Application Requirements.
Application shall be made in a format provided by ihc Department.
The Department shall request the following information:
(a) Applicant identification inl'ormation including: name, address,
telephone number, contact person and. for nonproilt corporations, corpo-
rate governing documents and financial information (e.g.. articles and by
laws, certificate of good standing, coniirmation of 5()ltc)(3) sialus. au-
dited financial statements), and list of legislative representali\es lor the
area where the program or project will be undertaken.
(b) Governing board resolution which legally authorizes the applica-
tion.
(c) Certification that the applicant: has the authority to undertake the
activities applied for: that it does not have any unresolved Department
audit findings nor pending lawsuits: that if the application is lor a
construclion projecl. conslruclion work has not yet begun: and thai it
agrees to comply with all program requirements.
(d) Project or program description including: amount applied for,
number of units or households to be assisted, income levels of house-
holds to be assisted, description of prior experience with the type of pro-
gram or project applied for, geographic location of the activities, financ-
ing sources and uses, and description of any contributed labor.
(e) For development projects, the description of the project also shall
include: a description of how the applicant has site control: the status of
all local government approvals: availability of on and off site improve-
ments and utilities: soil condition and environmental conditions: project
costs: unit description in terms of size, number of bedrooms: per unit
construclion cost; esiinialed sales price and sources of financing: esti-
mated monthly housing costs of purchasers: and description of the home-
buyer education prograin.
(f) A description of how the applicant will comply with the require-
ments for local program administration set forth in Section 772 1 applica-
ble to the program or project being applied for.
NOTE: Authority cited: Sections 50406(n) and 50650.2. Health and Satety Code.
Reference: Section 50650.7, Health and Safety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003. No. 40).
§ 7751. Selection Criteria.
(a) Applications shall not be considered for funding unless the applica-
tion is received by the deadline as stated in the NOFA and demonstrates
that all of the following conditions exist:
(i) The application contains substantially all of the information re-
quired by Section 7750 and contains sufficient information to allow the
Department to apply the rating factors set forth in subsection (b) of this
Section.
(2) the applicant is eligible;
(3) the applicant proposes an eligible activity:
(4) the applicant proposes an eligible use of the funds:
(5) the applicant does not have any unresolved audit findings for prior
Department or federally-funded housing or community development
projects or programs;
(6) the applicant has no pending lawsuits that would impact imple-
mentation of the program or project for which funding is being requested:
(7) if the application is for a development project, construction on the
project has not yet begun; and
(8) the proposed program or project is consistent with any special
terms and conditions of the NOFA (e.g.. maximum ainounts for down-
payment assistance, sales price, development loan).
(b) Each application considered for funding shall be rated using the
following criteria and maximum possible rating points. The maximum
points an application may receive shall not exceed 1, 000 points. Applica-
tions must receive a minimum of 5f>() points to be considered for funding.
( I ) Capability to operate the local proposed program, administer and
conduct the self-help technical assistance projecl, or develop the lype of
Page 394.5
Register 2004, No. 23; 6-4-2004
§7752
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
homeownership project proposed in ihe application as follows (up to 400
points):
(A) prior experience with administration/implementation of the type
of program proposed in the application; or
( B) prior experience in developing the type of homeownership devel-
opment project or self-help technical assistance homeownership project
as proposed in the application; and
( C) prior experience with loan servicing or a plan to provide loan serv-
icing/management capabilities.
(2) Community need in a geographic area of the proposed local pro-
gram or project will be based on one or more of the following factors:
poverty level and overpayment for housing by low-income households,
age of housing stock in the jurisdiction, numbers and percentages of sub-
standard housing units, overcrowding of housing by tenure (including
rental and ownership housing) in the jurisdiction, and percentages of
households that are below poverty level and who are overcrowded and
living in substandard housing by tenure, as reflected in U.S. Census data;
and the ratio between the median home sales price and the median house-
hold income in the jurisdiction. The specific community need factors that
will apply to each activity will be identified in the NOFA. (up to 130
points)
(3) Feasibility of the proposed activity as demonstrated by either of the
following (up to 250 points):
(A) for applications proposing local program activities, the extent to
which the proposed local program is responding to a community need.
Feasibility will be determined by statistical indicators based on single-
source data readily available to the Department for all potential jurisdic-
tions that may apply for CalHome funding.
(i) For mortgage assistance programs, feasibility will be based on U.S.
Census Bureau data regarding the percentage of low-income homeown-
ership in a jurisdiction, the ratio of the CalHome appraised value limits
relative to the CalHome median income for a four-person household.
From data supplied by the California Association of Realtors, the number
of homes sold in the previous 12 months in a jurisdiction at or below the
median sales price for the jurisdiction. The higher the percentage of low-
income homeowners, the higher the points awarded. The higher the ratio
of housing cost to income, the higher the points awarded. The higher the
number of homes sold at or below median sales price the higher the points
awarded.
(ii) For owner-occupied rehabilitation, feasibihty will be based on
U.S. Census Bureau data regarding the percentage of low-income house-
holds that are currently homeowners, the number of overcrowded house-
holds, and the age of the housing stock. The higher the percentage of
low-income homeowners, the higher the points awarded. The higher the
percentage of pre- 1 980 homes, the higher the points awarded. The high-
er the number of overcrowded households, the higher the points awarded.
( iii) For shared housing, feasibility will be determined by the U. S. De-
partment of Housing and Urban Development's (HUD) fair market rent
(FMR) for a one-bedroom unit as a percentage of CalHome median in-
come (AMI) for a one-person household and U.S. Census Bureau data
on the jurisdiction vacancy rate. The higher the ratio of FMR to AMI, and
the lower the vacancy rate, the higher the points awarded.
(B) for applications proposing a homeownership development project
or a self-help technical assistance homeownership project;
(i) the readiness of the project development to proceed as evidenced
by the status of local government approvals; project financing commit-
ments; resolution to impediments to development; and
(ii) evidence of ability to serve low- and very low-income households
pursuant to the mortgage assistance underwriting requirements stated in
Section 773 1 , as evidenced by the development budget and proposed unit
sales prices.
(iii) feasibility will be based on U.S. Census Bureau data regarding
percentage of low-income homeownership in a jurisdiction and the ratio
of the CalHome appraised value limits relative to the CalHome median
income for a four-person household. The higher the percentage of low-
income homeowners, the higher the points awarded. The higher the ratio
of housing cost to income, the higher the points awarded.
(4) Contributes to community revitalization as defined in Section
7716(g) or meets a legislatively mandated priority for funds allocated to
the CalHome Program, (up to 100 points)
(5) Volunteer Labor, Self-Help Labor or Youth Construction Skills
Training Program (up to 100 points)
Applications applying for homeownership development projects,
self-help technical assistance homeownership projects, or a mortgage
assistance local program for new construction housing or acquisition
with rehabilitation when the recipient is acquiring and rehabilitating
properties for sale to first-time homebuyers, will receive up to 100 points
to the extent that they are utilizing:
(A) volunteer or self-help construction labor, where a minimum of
five hundred (500) hours of on-site construction labor per assisted unit
is provided; or
(B) labor provided by youth participating in a constnaction skills train-
ing program, where a minimum of five hundred (500) hours of on-site
construction labor per assisted unit is provided. The five hundred (500)
hours of construction training labor must be provided by the 1 6 to 24 year
old program participants.
(c) Performance Penalty (50 points) A deduction to the total score will
be applied for failure to meet CalHome Program Performance Goals pur-
suant to Section 7755.
NOTE: Authority cited: Sections 50406(n) and 50630.2, Health and Safety Code.
Reference: Sections 50650.4 and 50650.7. Health and Safety Code.
History
1. New section tiled 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 11 343.4 (Register 2003. No, 40).
Article 10. Program Operations
§ 7752. Legal Documents.
(a) Upon the award of funds the Department shall enter into a Standard
Agreement with the Recipient constituting a conditional commitment of
funds. This contract shall require the parties to comply with the require-
ments and provisions of these regulations. The Standard Agreement shall
encumber State monies in an amount sufficient to fund the approved local
program or project, subject to limits established in the NOFA and consis-
tent with the application. The Standard Agreement shall contain, but not
be limited to, the following as appropriate for the activity. In the case of
a self-help technical assistance award, the Department shall enter into a
Technical Assistance Standard Agreement (TASA) pursuant to CCR
Title 25, Division 1, Chapter 7, Subchapter 6.5, Ardcle 3, Section 7554.
Where that section and the following deviate, the aforementioned Sec-
tion 7554 takes precedence.
( t ) a description of the approved local program or project and the per-
mitted uses of CalHome program funds;
(2) provisions governing the amount, terms and conditions of the De-
partment's development loan or grant to the Recipient;
(3) for homeownership development projects, provisions governing
the construction work and, as applicable, the acquisition of the project
site, and the disbursement of loan proceeds;
(4) for self-help technical assistance projects, a budget and a timetable
for completion of the project;
(5) requirements for the execution and, where appropriate, the re-
cordation of the agreements and documents required under the CalHoine
Program;
(6) for a local program or project, the Recipient's responsibilities for
operation of the local program or complefion of the project, including,
but not limited lo, number of units to be assisted, marketing, CalHome
Program loan processing and funding, construction monitoring and dis-
bursement, report submissions, file documentation;
(7) for a homeownership development project, the Recipient' s respon-
sibilities for the development of the project, including, but not limited to.
Page 394.6
Register 2004, No. 23; 6-4-2004
Title 25
Department of Housing and Community Development Programs
S 7754
nuiiibcrorunits to be assisted, marketing, processing orindividual horne-
buycr CalHome Program loans, expiration date, report submissions, file
documenlalion;
(8) manner, timing and conditions lor disbursement of CalHome Pro-
gram or project funds to Recipients;
(9) provisions relating to the placement on or in the vicinity of the
homeownership development project site, a sign indicating that the De-
partment has provided financing for the project. The Department may
also arrange for publicity of the Department CalHome Program home-
ownership development loan in its sole discrelion;
( 10) reiTiedies a\ailable to the Department in the event of a violation,
breach or default of the standard agreement;
(11) requirements that the Recipient permit the Department or its des-
ignated agents and employees the right to inspect the project or local pro-
gram and all books, records and documents maintained by the Recipient
in connection with the local program or self-help technical assistance
project grant or development loan or local program individual CalHome
Program loans;
(12) special conditions imposed on a case-by-case basis as part of De-
partment approval of the local program or project;
( l.>) terms and conditions required by federal or stale law; and
( 14) other provisions necessary to ensure compliance with the require-
ments of the CalHome Program.
(b) Prior to the disbursement of funds, the Department shall enter into
a twenty (20) year monitoring agreement with the Recipient requiring the
parties to comply with the requirements and provisions of Section 7724
regarding a reu,se account estabhshed pursuant to the CalHome legisla-
tion. The monitoring agreement shall contain, but not be limited to, the
following:
( 1 ) requirements regarding the establishment of a reuse account for the
deposit of CalHome loan repayments, including interest and principal,
and the requirements for disbursement of funds from the reuse account;
(2) the plan for servicing of the CalHome loans as prepared by the Re-
cipient and reviewed and approved by the Department;
(3) the plan for the reuse of CalHome funds;
(4) requirements for submittal of an annual report;
(5) remedies available to the Department in the event of a violation,
breach or default of the monitoring agreement;
(6) requirements that the Recipient permit the Department or its desig-
nated agents and employees the right to inspect the local program or proj-
ect and all books, records and documents maintained by the Recipient in
connection with the reuse account and long term loan servicing; and
(7) other provisions necessary to ensure compliance with the require-
ments of the CalHome Program.
(c) All homeowner/homebuyer CalHome Program loans originated by
a Recipient shall be evidenced by the following documents and provi-
sions:
( 1 ) a promissory note evidencing the CalHome Program loan, payable
to the Recipient in the principal amount of the CalHome Program loan
and staling the terms and rate of interest of the CalHome Program loan
consistent with the requirements of the CalHome Program. The Recipi-
ent is prohibited from assigning their beneficial interest under the note.
The note shall be secured by a deed of trust, or other appropriate security
instrument acceptable to the Department, on the homeowner/homebuyer
property naming the Recipient as beneficiary. This deed of trust or other
appropriate security instrument shall be recorded and shall secure the Re-
cipient's financial interest in the project.
(2) in the case of homeowner rehabilitation CalHome Program loans,
a loan agreement between the homeow ner and the Recipient governing
the rehabilitation and the CalHome Program loan terms. The terms of any
other financing provided by the Recipient should also be included.
(d) Development loan legal documents shall include, but not be lim-
ited to;
(Da promissory note evidencing the loan, payable to the Departmeni
in the principal amount of the loan and slating the terms of the loan con-
sistent with ihe requirements of the CalHome Program. The note shall be
secured by a deed of trust on the project property naming the Deparimeni
as beneficiary. This deed of trust shall be recorded junior only to such
liens, encumbrances and other matters of record approved by the Depart-
ment and shall secure the Department's financial inleresi in the project
and the performance of the developer borrower's program obligations;
(2) a development agreement between the Departmeni and the de\el-
oper borrower for not less than the term of the development loan.
(e) Self-help technical assistance gram legal documents shall include,
but not be limited to. an agreement between the Recipient and self-help
participants which clearly sets forlh what is expected of each parly and
which clearly shows what work is expected of the participating house-
hold.
Note;: Authority cited: Sections .•S()4()6(n) and 50650.2. Health and .Salct\ Code.
Reterenee: Sections 50650.2, 50650.3(b). 50650.4 and 50650.7. Health and Sale-
ty Code.
History
1. New article 10 (sections 7752-7756) and section hied 9-29-200.3; operatise
9-29-2003 pursuant to Govemmeni Code section 1 1 343.4 (Reeisler 2003. No.
40).
2. New subsections (b)(2) and (b)(4) tiled 6-4-2004; operative 7-4-2004 (Reiiis-
ter 2004, No. 23).
§ 7753. Disbursement of Grant and Loan Funds.
(a) CalHome Program funds shall be disbursed on an advance basis.
Details of the process for advance disbursements will be juiblished in the
current NOFA, and shall be included in all Standard Agreements. Ad-
vances may include, but are not limited to;
(1) homeownership project development loan disbursements;
(2) advances of up to 259r of the award for .self-help and shared hous-
ing technical assistance;
(3) advances for Owner-Occupied Rehabilitation programs up lo the
amount of the Recipient's anticipated volume of closed loans for the fol-
lowing sixty days; or
(4) advances to escrow for mortgage assistance loans.
NOTE; Authority cited: Sections 504()6(n) and 50650.2. Health and Safctv Code.
Reference; Sections 50650.2, 50650.3(b). 50650.4 and 50650.7, Health and Sate-
ty Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Governinent
Code section 11, 343.4 (Register 2003, No. 40).
§ 7754. Reporting Requirements.
(a) During the term of the Standard Agreement and no later than thirty
(30) days after the end of each calendar quarter, the Recipient shall sub-
mit to the Department a performance report which shall address the fol-
lowing topics;
( 1 ) Description of current status of program activity, including number
of units assisted,
(2) Description of activities to be undertaken in the next reporting peri-
od,
(3) Description of problems or delays encountered in program imple-
mentation, and course of action taken to address them,
(4) Description of actions to achieve program expenditure deadlines,
(5) Summary of program fiscal status, including:
(A) Award amount,
(B) Funds drawn, and,
(C) Remaining balance.
(b) During the terin of the Standard Agree inent and Monitoring Agree-
ment, no later than thirty (30) days after June 3()th of each year, the Recip-
ient shall submit to the Departmeni an annual performance report which
shall address the following topics;
( 1 ) Number of units assisted with CalHome Prograin loans by program
activity type,
(2) Amount of CalHome Program funds spent on CalHome eligible ac-
tivities by category,
(3) Summary of fiscal status for the reporting period, including
(A) Award amount,
(B) Funds drawn as of June 30th, and,
(C) Remaining balance.
Page 394.7
Register 2004, No. 23; 6-4-2004
§ 7755
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) At any time during the term of the Standard Agreement or the Mon-
itoring Agreement, the Department may perform or cause to be per-
lormed an independent financial audit of any and all phases of the Recipi-
ent's local program, self-help lecliiiical assistance project or
horaeownership development project. At the Department's request, the
Recipient shall provide, at its own expense, a financial audit prepared by
a certified public accountant.
NOTIZ: Authority cited: Sections 30406(n) and ,"10630.2. Health and Safety Code.
Reference: Sections .306.30.2. 30650..^(b) and 30630.7. Health and Safety Code.
History
1. New section filed 9-29-200.'^; operative 9-29-200.^ pursuant to Government
Code section 1 1, "^43.4 (Register 200.3. No. 40).
2. New subsections (a)-(b)(3)(C) filed 6-4-2004: operative 7-4-2004 (Register
2004. No, 23).
§ 7755. Performance Goals.
(a) For all local program activities:
(I) One hundred (100) percent of funds must be expended within
ihiriy-six (36) months of the date of the award of funds by the Depart-
ment. If this goal is not met:
(A) the remaining unused funds shall be disencumbered by the Depart-
ment: and
(B) if less than ninety-five (95) percent of the funds are expended at
the end of the 36th month, the Recipient's next application for funding
under the CalHome Program shall receive a penalty deduction in the total
points awarded pursuant to the current NOFA.
(b) For homeownership development projects:
(1) the Recipient shall draw down CalHome funds or begin onsite
construction within twenty-two (22) months of the award of funds by the
Department. If this goal is not met the Department may disencumber all
funds and cancel the Department commitment to the project; and
(2) unit construction must be completed and CalHome Program mort-
gage assistance loans closed within thirty-six (36) months of the award
of funds by the Department. If the projected number of assisted units has
not been achieved by the end of the 36th month, the Recipient's next ap-
plication for funding under the CalHome Program shall receive a penalty
deduction in the total points awarded pursuant to the current NOFA.
(c) For self-help technical assistance grants:
(1) the Recipient shall begin onsite conslmction within twelve (12)
months of the award of funds by the Department. If this goal is not met
the Department may disencumber all funds and cancel the Department
commitment to the project; and
(2) unit construction must be completed within thirty-six (36) months
of the award of funds by the Department. If this goal is not met then:
(A) the remaining unused funds may be disencumbered by the Depart-
ment; and
(B) if the projected number of assisted units has not been completed
by the end of the 36th month, the Recipient's next application for funding
under the CalHome Program shall receive a penalty deduction in the total
points awarded pursuant to Section 7751.
NOTE: Authority cited: Sections 30406(n) and 30630.2, Health and Safety Code.
Reference: Sections 30630.2 and 30630.7, Health and Safety Code.
History
1. New .section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1 343.4 (Register 2003, No. 40).
§ 7756. Defaults and Loan Cancellations.
(a) Funding commitments may be canceled by the Department under
any of the following conditions:
(1 ) the objectives and requirements of the CalHome Program cannot
be met;
(2) implementation of the local program or project cannot proceed in
a timely fashion in accordance with the timeframes established in the
Standard Agreement; or
(3) funding conditions have not been fulfilled within required time pe-
riods.
(b) In the event of a breach or violation by the Recipient of any of the
provisions of the Standard Agreement, the Development Agreement, the
homeownership project development loan promissory note, or the home-
ownership project development loan deed of trust, or any other agree-
ment pertaining to the homeownership development project, the Depart-
ment may give wriuen notice to the sponsor to cure the breach or
violation within a period of not less than fifteen (15) days. If the breach
or violation is not cured to the satisfaction of the Department within the
specified time period, the Department, at its option, may declare a default
under the relevant document and may seek legal remedies for the default
including the ioilowing:
( 1 ) the Department may accelerate all amounts, including outstanding
principal and interest, due under the loan and demand immediate repay-
ment thereof. Upon a failure to repay such accelerated amount in full, the
Department may proceed with a foreclosure in accordance with the pro-
visions of the deed of trust and slate law regarding foreclosures:
(2) the Department may seek, in a court of competent jurisdiction, an
order for specific performance of the defaulted obligation or the appoint-
ment of a receiver to complete the project in accordance with CalHome
Program requirements: and
(3) the Department may seek such other remedies as may be available
under the relevant agreement or any law.
(c) Upon receipt of a notice of intent to cancel the commitment from
the Department, the Recipient shall have the right to appeal to the Direc-
tor.
NOTK: Authority cited: Sections 30406(n) and 30630.2. Health and Safety Code.
Reference: Sections 30630.2. 30650.3(b) and 30630.7, Health and Safety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section II 343.4 (Register 2003. No. 40).
Subchapter 10. Rental Housing
Construction Program
Article 1. General
§ 7800. Scope and Application.
(a) These regulations implement and interpret the Rental Housing
Construction Program, Sections 50735 through 50770, inclusive, of the
Health and Safety Code. They establish procedures for the disbursement
of development and subsidy funds and establish policies and procedures
for use of these disbursements to provide affordable housing under the
Program. They also delegate authority for the initial recommendation of
approval, rejection, amendment, and termination of loans or grants, with
the exception of emergency loans and loans and grants to the Agency,
from the Director of the Department of Housing and Community Devel-
opment to the Committee referred to in this subchapter.
(b) The program is divided into three main components, designated as
(1 ) the sponsor development component,
(2) the rights of occupancy component, and
(3) the housing authority component, each of which is financed by the
development payments account. In addition, these are complemented by
the annuity fund, the management reserve account, and the feasibility ac-
count.
(c) Developments financed by the Agency shall be subject to the re-
quirements of Articles 1 , 2, and 6. All other developments shall be subject
to the requirements of Articles 1 through 5, inclusive.
NOTE: Authonty cited: Section 50737, Health and Safety Code. Reference: Sec-
tion 30737, Health and Safety Code.
History
1. New Subchapter 10 (Articles 1-6 (Sections 7800-7892, not consecutive)) filed
7-1 1-80; effective thirtieth day thereafter (Register 80, No. 28).
2. Amendment of subsection (a) filed 1 f-13-80 as an emergency; effective upon
filing (Register 80, No. 46). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-13-81 .
3. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
Page 394.8
liegister 2004, No. 23; 6-4-2004
Title 25
Department of Housing and Community Development Programs
s imi
•
§7801. Severability.
ir any provision ol' this subciuipier or the Program, or the application
ilicrcol'io any person, entity or circumstances, is iieid invalid, such inval-
idity shall not alTcct other provisions or applications of the part which can
be given effect without the invalid provision or application, and to this
end the provisions of this subchapter are severable.
Nori:; Aulhoritv ciicd: .Section f^OlM. Hcullli and Sal'etv Code. Reference: Sec-
tion 507.^7. Health and Salety Code.
$ 7802. Definitions.
The folk)wing are definitions governing the Program. They are
suppletiiented by definitions in Subchapter 2 (comtnencing with Section
6910) of Chapter 6 of Tide 2^. California Administrative Code.
■"Affordable rent'" means rent determined by the Department to be af-
fordable, in accordance with Section 7806.
"Agency" means the California Housing Finance Agency.
■"Applicant" tneans a local finance entity or a housing authority seek-
ing assistance from the Program or the Depart tnent acting as a local hous-
ing authority pursuant to law.
■■Assisted unit"" means a dwelling unit in a rental housing development
or space in a tiiobilehotne park available on a priority basis to or occupied
by an eligible household at a rent which is affordable to that household
as a result of assistance frorn the Program.
■■Available to or occupied by on a priority basis" with respect to an as-
sisted unit rneans a dwelling unit occupied by an eligible household or
unoccupied and held out for rent on a priority basis to eligible house-
holds.
■■Below tiiarket interest financing" means any of the following:
( 1 ) A long-tertii loan made by the agency with below-market interest,
as defined by Section .S0056.
(2) A long-term loan made by a local finance entity at a below-market
interest rate no higher than that established from time to time by the De-
partment, provided such rate shall not exceed by more than one and one-
half percent the interest rate on long-term loans, if any, made by the
Agency for rental housing development proposals being submitted or
processed for Department assistance under this chapter at the same time.
{}} The use ol" subsidies, assistance, or financing, other than as pro-
vided in paragraphs ( I ) and (2). which reduce rent levels by an amount
equivalent to that enabled by long-term loans at the interest rate estab-
lished for purposed of paragraph (2).
(4) Subsidies, assistance, or financing provided to the .sponsor by or
through the Agency or local finance entity and which is a loan made at
below-market interest by an agency ol the federal government.
"Code" tneans the California Health and Safety Code.
■■Committee" means the Rental Housing Construction Program Com-
mittee established pursuant to Title 25, California Administrative Code,
Section 6902(c).
■■Department" rneans the California Department of Housing and Com-
tnunily Development.
■■Development agreement" means a contract between an applicant and
a sponsor in accordance with Section 7822 which regulates the constmc-
tion of the rental housing development.
■■Development costs" means the aggregate of all approved costs in-
curred in connection with construction of a rental housing development
or rental unit, as the context requires, including:
( 1 ) land acquisition, whether by purchase or lease,
(2) the construcdon of the rental units and related structures, including
the costs of construction financing,
(3) overhead, including architectural, legal and accounting fees.
(4) off-site itnprovements, including sewers, utilities and streets,
(5) necessary on-site improvements,
(6) relocation costs,
(7) long-term financing fees
(8) rent-up and marketing expenses, and
(9) long-term finaticing costs where recommended by the Committee
pursuant to Section 7842(d), (g).
■"Elderly household" means a family in which the head ol' the house-
hold is 60 years of age or older or a single person who is 60 years o\' age
or older except that different age limitation may be utilized if federal
funding is utilized and such funding requires a different litnitalioti.
■"Ehgible household" means a very low-income household or (.ithcr
lower income household, as defitied in Sections 6926 and 6928.
'"Excess Rents" means the project income attributable to the assisted
units in excess of approved operating expense attributable to the assisted
units. Project income attributable to the assisted units shall include carry-
ing charges pursuant to Section 78.'S8tg) and (h).
""Fund" means the Rental Housing Construction Fund.
""Handicapped household" means;
(1) a single person or a fatnily in which the head of the household is
suffering from an orthopedic disability impairing personal tnobility or a
physical disability affecting the ability to obtain ernploytnent. where the
family or person requires special care or facilities in the hotne. ov
(2) a single person or a fatnily in which the head of household suffers
from a developmental disability specified in Section .3801()(a) of the
Code or a mental disorder which would render hitn or her eligible to par-
ticipate in progratns of rehabilitation or social services conducted by or
on behalf of a public agency.
'"Interagency operafing agreement" tneans the contract between the
Department and the Agency pursuant to Article 6 which regulates the re-
lationship between the Department and the Agency.
"Local finance entity" tneans a redevelopment agency, local housing
authority, city, county, city and county, or duly constituted governing
body of an Indian rancheria, or any cotnbination thereof, which proposes
to provide or use below market interest financing or an equivalent subsi-
dy for a rental housing development.
"Program" means the Rental Housing Construction Program and
Chapter 9 (commencing with Section 507.3.'S) of Part 2 of Division 3 1 o\'
the Health and Safety Code, and regulations promulgated thereunder.
"Regulated agreement" means a contract between the Agency or a re-
sponsible agency and a sponsor in accordance with Section 7822 which,
establishes the respective rights and duties of the parties with respect to
the development and payment therefor.
"'Regulatory agreement" means a contract between the Agency or a re-
sponsible agency and a sponsor in accordance with Section 7822 which,
establishes the respective rights and duties of the parties with respect to
the development and payment therefor.
"Rental housing development" tneans i'\vc or more rental dwelling
units, including mobilehotnes, on one or more sites assisted or sought to
be assisted under the Program. "Rental housing development"" also in-
cludes five or more mobiiehome park spaces. For purposes of the Pro-
gram, a stock cooperafive or limited equity housing cooperative is a rent-
al housing development.
"Responsible agency" means the local finance entity under the spon-
sor development component, the local housing authority under the rights
of occupancy component, or the Department under the housing authority
development component. It includes the Department where the Depart-
ment has contracted with a local finance entity pursuant to Section 50150
of the Code.
"Rural area" means any open country or any place, town, village, or
city which by itself and taken together with any other places, towns, vil-
lages, or cifies that it is part of or associated with:
(1) has a population not exceeding 10.000 or
(2) has a population not exceeding 20,000 and is contained within a
nonmetropolitan area.
"Rural area" also includes any open country, place, town, village, or
city located within a Standard Metropolitan Statistical Area if the popula-
tion thereof does not exceed 20,000 and the area is not part of. or asso-
ciated with, an urban area and is rural in character.
"Site control" includes actual ownership of a site, the right to purchase
a site under a contract to purchase or option agreement, or such other con-
[The next page is 395.
Page 394.9
Register 2004, No. 23; 6-4-20(M
Title 25
Department of Housing and Community Development Programs
{^ 7806
irol ofihc ownership or possession of a site as tiie Department considers
satisfactory.
"Sponsor" means any individual, joint venture, partnersiiip, limited
partnership, trust, corporation, cooperative, local public entity, duly con-
stituted governing body of an Indian rancheria. or other legal entity, or
any combination thereof, certified pursuant to Section 7812 as qualified
to own and manage or construct a rental housing development. A sponsor
may he organized for profit or limited profit or be nonprofit.
"Stale contract" means the contract between the Department and an
applicant in accordance with Section 7822 which regulates the conduct
of those entities.
NOTi:: Aiiihorilv ciied: Section 50737. Health and Safety Code. Reference: Sec-
lions .5()7.1S and 50737. Health and Safety Code.
History
1. Amcndnieni filed 1 1-13-80 as an emergency: effective upon filing (Register
80. No, 46 k a Cerlifieaie of Compliance musl be Iransmiued to OAL within 120
days or emergency language will be repealed on 3-13-8 1 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and tiled 4-14-81
(Register 81. No. 16).
3. Amendment tiled 10-25-82; effective upon tiling pursuant to Government
Code .Section 1 1 346.2(d) ( Register 82. No. 44).
§ 7804. Priorities.
Priorities for allocation of Program funds for applicants shall be in ac-
cordance with the Department's guidelines for a rating system, and for
the Agency, in accordance with the explanation by the Agency consistent
with the requirements of this subchapter, which will give priority to hous-
ing developments which:
(a) are of the lowest cost possible, given Program requirements and lo-
cal market conditions,
(b) incorporate innovative or energy-efficient design and construction
techniques and higher densities, where such techniques and densities re-
sult in lower costs without reducing the quality of the housing.
(c) complement the implementation of a local housing program in-
tended to increase the housing supply for persons and families of low or
moderate income.
(d) have been subsidized beyond minimum requirements by
( 1 ) funds, services or land contributed or received by the sponsor, or
in the case of the housing authority development component by the local
housing authority, or
(2) an allocation of Community Development Block grant funds for
eligible expenditures including but not limited to rent subsidies, site ac-
quisition, development costs and constnjction costs.
(e) use available funds in the most efficient manner to produce the
maximum number of housing units, and
(f) are located within existing public transit corridors as defined in
Section 50093.5 of the Health and Safely Code, to the extent feasible and
consistent with the other priorities contained in this section. This priority
shall not apply to rental housing developments located in rural areas.
NOTK: Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
lion 50737. Health and Safety Code.
History
1 . Amendment of subsection (d)(2). (e) and new subsection (f) filed 1 1-1 3-80 as
an emergency; effective upon tiling (Register 80, No. 46). A Certificate of Com-
pliance must be transmitted lo OAL within 120 days or emergency language
will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
§ 7806. Calculation of Affordable Rents.
(a) For the purposes of the Program, rent for the assisted units shall in-
clude all regular charges paid to a sponsor or local housing authority by
an eligible household for the use and occupancy of an assisted unit in a
rental housing development.
(b) Rent payable for assisted units occupied by very low income
households shall be deemed affordable for the purposes of the Program
if. including an allowance for utility costs, it does not exceed the greater
( 1) A "base rent" of twenty-five percent (257^ ) of the amount payable
to specific household sizes pursuant to Section 1 145.^ of the Welfare and
Institutions Code, as adjusted annually pursuant to Section 1 1453 of the
Welfare and Institutions Code, and the size of the unit, as set i'orth below
1-BR Unit-2 person household
2-BR Unil-2 person household
3-BR Unit-4 person household
4-BR Unit-6 person household
5-BR Unit-8 person household
or. if higher.
(2) twenty-five percent {257r) of the income of such household.
(c) Rent payable for assisted units occupied by other lower income
households shall be deemed affordable for the purposes of the Program
if. including an allowance for utility costs, it does not exceed the greater
of:
(1 ) a "base rent" of twenty-five percent (259^) of fifty percent (5(V/( )
of the area median income adjusted for family size o\' the geographical
area in which the rental housing development is located, or, if higher.
(2) twenty-five percent (25%) of the income of such househt)ld.
(d) For the purposes of this section, "utilities" include garbage collec-
tion, sewer, water, gas, electricity and other heating, cooling or refrigera-
tion fuels which are billed separately froin the rent but do not include the
cost of telephone service.
(e) The allowance for utility costs shall be calculated as follows: An
estimate of utility usage and costs will be prepared for each assisted unit.
Such estimate will be based on a reasonable use of utilities by a typical
household and will take into account the size and energy efficiency of
each unit, and the cost of such utilities then current with respect lo the de-
velopment, considering any subsidies to which the typical eligible house-
hold may be entitled. This estiinate shall be the allowance for deiermina-
tion of affordable rent pursuant to subdivisions (b) and (c) for the first
year of occupancy of the assisted unit. This estimate shall be reviewed
annually, taking into account changes in utility costs, and the allowance
for utility costs after approval by the Agency or responsible agency shall
be adjusted accordingly and impleinented pursuant to Sections 7864 and
7888'.
(0 Notwithstanding any provision of this section, an eligible house-
hold shall not be entitled to receive any payment or "negative rent" if its
allowance for utilities exceeds the amount specified in subdivisions
(b)(1) or (b)(2) or (c)(1) or (c)(2).
(g) Notwithstanding any other provision ol" this Section, where as-
sisted units are receiving subsidies under Section 8 of Title II of the Hous-
ing and Community Development Act of 1 974 as amended, then the rents
payable by tenants of such assisted units pursuant to the rules and regula-
tions governing the Section 8 Program shall be deemed affordable for the
purpose of this Program.
(h) Where the responsible agency or the Agency is authorized to fix
and alter a schedule of rents necessary to provide residents of non-ass-
isted units with affordable rents, to the extent consistent with the mainte-
nance of the financial integrity of the rental housing development, the af-
fordable rents, if any, will be determined by the responsible agency or the
Agency on a case-by-case basis consistent with the calculatit)n of rental
income necessary to ensure the financial feasibility of the particular rent-
al housing development.
NOTE: Authority cited: Section .50737. Health and Safety Code. Reference: Sec-
tions 50749 and 50759, Health and Safety Code.
History
1. Amendment of subsections (b). (c) and new subsection (g) filed 1 1-13-80 as
an emergency; effective upon filing (Register 80, No. 46). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
3. Amendment filed 10-25-82; effective upon filing pursuant to Government
Code Section 11 346.2(d) (Register 82. No. 44).
Page 395
(4-1-90)
§ 7808
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7808. Component Accounts.
(a) The Fund is lo be allocated to tour component accounts, the Devel-
opment Payments Account, the Annuity Fund Account, the Feasibility
Account, and the Management Reserve Account. The Management Re-
serve Accounl shall consist of 4(l'our) percent of the amount in the Fund
as ttf January 1 , 1 980. The Department shall allocate the remainder of the
Fund lo the remaining Accounts in such a way so as to ensure that the
maximum number of assisted units is developed and maintained al af-
I'ordable rents and not less than 20 percent of the Fund is allocated for an-
nuity llind payments.
( b) The Department may direct the transfer ol' funds from one account
to another consistent with legal requirements.
NoTt.: Aiithoriiv cited: Section 50737. Health and Safety Code. Reference: Sec-
tions 30738. .30740. and 50748. Health and Safety Code'
History
i . Amendnieni of subsection (a) filed 1 1-1 3-80 as an emergency; effective upon
filing (Register 80, No. 46). A Certificate of Compliance must be transmitted
to OAL within 1 20 days or emergency language will be repealed on 3- 1 3-8 1 .
2. Certificate of Compliance transnutted lo OAL 3-13-81 and filed 4-14-81
(Reeister8l,No. 16).
Article 2. Program Requirements
§ 781 0. Eligibility of Sponsors.
(a) At the time of application for assistance for a proposed rental hous-
ing development, the applicant shall certify to the Department that the
sponsor of the proposed rental housing development has or will have the
capability to construct, or own and manage, such development in accor-
dance with the criteria set out in subdivision (b).
(h) In determining the capability of a sponsor under this section, the
Department and Agency or applicant shall take into account at least the
following criteria:
( 1 ) administrative capability,
(2) the sponsor's previous experience in design, construction and
management of multi-family rental housing or the experience in such de-
sign, constaiction and management of staff or consultants employed or
to be employed by the sponsor, taking into account the size and complex-
ity of the proposed development,
(3) financial capability, and
(4) the possession of sufficient assets or credit to provide adequately
for the predevelopment costs of the proposed rental housing develop-
ment, and contingent expenses.
NOTE: Authority cited: Section 50732. Health and Safety Code. Reference: Sec-
tion :S0745, Health and Safety Code.
§7812. Eligible Projects.
(a) To be eligible for assistance under sponsor development compo-
nent, the applicant must be the Agency or a local finance entity and a proj-
ect must be a rental housing development with a sponsor and financed
with below-markei interest rate financing. In the rental housing develop-
ment, no less than thirty percent (30%) of the units will be assisted units
and no less than twenty percent (20%) of the units shall be available on
a priority basis to or occupied by very low- income households, includ-
ing all households with income equal to or less than fifty percent (50%)
of the area median income adjusted for family size.
(b) To be eligible for assistance under the rights of occupancy compo-
nent, a project must be a rental housing development with a sponsor in
which a local housing authority will obtain rights of occupancy to at least
thirty percent (30%) of the units, and no less than twenty percent (20%)
of the units shall be available on a priority basis to or occupied by very
low-income households, including all households with income equal to
or less than fifty percent (50%) of the area median income adjusted for
family size.
(c) To be eligible for assistance under the housing authority develop-
ment component, a project must be a rental housing development:
(1 ) to be developed, constructed, owned and operated by a local hous-
ing authority;
(2) in which all of the units will be available to or occupied by eligible
households at affordable rents: and
(3) in which two-thirds of the units will be available on a priority basis
10 or occupied by very low income households, and one-third available
on a priority basis to or occupied by other low-income households.
(d) No development shall be eligible for assistance under this sub-
chapter unless constaiction commenced on or after .luly 1. 1980. "Con-
struction" for the purposes of this subdivision shall mean on-site im-
provements including the construction of the rental units and related
structures, and excluding demolition, land till, grading and site improve-
ments intended for public dedication including .sewers, utilities, and
streets.
(e) No development shall be eligible for assistance under this sub-
chapter unless:
( 1 ) the locality in which the project will be located has an adopted
housing element pursuant lo Section 65302(c) of the Government Code
which the Department has found to be in conformance with Section
653()2(c) of the Government Code, or the locality, prior to approval of
the project application, has an extension from the Office of Planning and
Research pursuant to Government Code, Section 65302.6, to prepare a
housing element; or
(2) the Department makes the following findings:
(A) that the proposed housing development has a satisfactory level of
compliance with the priorities as set forth in Section 7804; and
(B) that there exists in the region a severe housing shortage for low and
moderate income households, and notwithstanding the locality's failure
to coinply with State housing element requirements, there exists such an
overriding need for the particular proposed housing development that
state funding is justified.
Where the proposed housing development is a subdivision under the
State Subdivision Map Act. the requirements of that Act and Government
Code Section 66473.5. shall be met.
NOTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tions 50736, 50745, 50755. 50765. Health and Safety Code.
Hestory
1. Amendment filed 1 1-13-80 as an emergency: effective upon filing (Register
80, No. 46). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed on 3-13-81.
2. Certificate ofCompliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
§ 7814. Relocation Assistance.
In the event a tenant or owner is displaced because a local government
or housing authority acquires property for a development assisted by the
Program, the Relocation Guidelines, Title 25. California Administrative
Code. Section 6000 et seq.. apply to any displacement that results from
such acquisition. With respect to any other residential tenants (not ow-
ner-occupants) who will be permanently or temporarily relocated due to
a development assisted by the Program other than the right of occupancy
component, but who are not assisted under the GuideHnes. the following
requirements will apply.
(a) Such tenants are eligible for relocation assistance and benefits de-
scribed in this section if they are displaced after approval for financing
by a local finance entity or the Agency unless the tenancy is terminated
thereafter for good cause as set forth in Section 7860 or they take occu-
pancy after the approval for financing with notice froin the sponsor of the
approval and potential displacement.
(b) Within a reasonable period of time prior to displacement, each ten-
ant to be permanently relocated will be provided a reasonable choice of
suitable replacement housing. "Suitable replacement housing" is:
( 1 ) Decent, safe, and sanitary, and affordable as set forth in Section
7806, and
(2) In a location that is not generally less desirable than the location
of the displaced tenant's existing dwelling with respect to public utilities,
commercial and public facilities, social and economic characteristics,
and the tenant' s place of employment (or to sources of employment if the
tenant is unemployed but employable).
Page 396
(4-1-90)
Title 25
Department of Housing and Community Development Programs
§ 7820
Each tenam will be reimbursed by the owner for reasonable moving
and related expenses as set forth in Section 6090 or may receive, at the
discretion ol'lhe tenant, a fixed payment as set forth in Section 6098.
(c) A tenant may be required to relocate for a temporary period only
if this is necessary to carry out the project and he/she is permitted lo
occupy a dwelling in the completed development or another assisted de-
velopment in the area. The temporary relocation may not exceed 12
months in duration in a decent, sate, and sanitary dwelling and the tenant
will be rciinbursed for actual, reasonable, out- of-pocket expenses in-
cluding nu)ving costs to and from the temporary housing and any in-
crease in the monthly housing cost (rent and reasonable utilities). If the
new dwelling unit is not ready for occupancy within the 12-month peri-
od, the tenant will be notified of the earliest anticipated date of occupancy
and will have the right to agree to wail until the extended date or to request
treatment as being permanently displaced.
(d) All potential displacees will be provided advance written and oral
information in a manner which ensures thai they understand relocation
t)pportunilies and assistance. In addition, appropriate advisory services
will be provided lo minimize relocation hardships.
(e) No lawful occupani will be required to move froin his/her residence
without at least 90 days advance written notice of the earliest date by
which he/she may be required to move and a 30-day notice prior to the
actual dale upon which a inove is required.
( 1 ) n a tenant is provided but refuses at least three (.3) opportunities to
move to suitable replacement housing, the sponsor will not be obligated
to make further efforts to provide replacement housing.
(2) If affordable, replacement housing subject to subdivision (b) can-
not be found, the sponsor's obligation under this section may be satisfied
by providing the tenant with a lump sum payment equal to 48 times the
amount, if any. necessary to reduce the inonthly housing cost (rent and
reasonable utilities) of an otherwise suitable replacement unit to an af-
fordable level.
(11 A tenant who believes that this section has been violated may ap-
peal first to the Agency or appropriate responsible agency, if appropriate,
and if this appeal does not resolve the issue within a reasonable period
of time, may appeal to the Department.
(g) Sponsors are responsible for assuring that payments and .services
required by this section are provided.
NOTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
lion .S()737. Health and Safety Code.
§7816. Program Requirements.
(a) Except as set forth in Sections 7824 or 7874. no development pay-
ment under the sponsor development or housing authority development
component shall exceed the lesser of:
( 1 ) one hundred percent (100%) of the development cost of a rental
housing development, and
(2) the amount required when considered with below market rate fi-
nancing to enable the construction of the rental housing development or
ensure the econoinic feasibility of affordable rents for the assisted units.
(b) In addition to other requirements of this subchapter, or all units as-
sisted by the Program:
( 1 ) at least two-lhirds shall be made available on a priority basis to or
occupied by very low income households, including all households with
incomes equal to or less than fifty percent (50%) of the area median in-
come adjusted for family size, and
(2) not less than twenty percent (20% ) and not more than thirty percent
(30%) shall be available on a priority basis to or occupied by the elderly
or handicapped, and
(3 ) not less than ten percent ( 1 0%) shall be accessible to the physically
handicapped and such units will be available by or occupied by the handi-
capped, and
(4) noi less than twenty percent (20%) shall be located in a rural area.
(c) Funds sufficient for the construction of forty-eight (48) assisted
units specially designed for the mentally and developmentally handi-
capped, and having access to special supportive .services provided by an
agency other than the Department, will be reserved for rental housing de-
velopments incorporating such units. This reservation of funds will ter-
minate one year after the first Committee meeting. In addition to the res-
ervation of funds for handicapped uniis under this subdivision, the
Department sets as a non-binding goal the reservation of sufficient funds
for a further forty-eight (48) such handicapped units until one year after
the first Committee meeting. All handicapped units assisted under this
subdivision shall be counted as units available to the elderly or handi-
capped for the purposes of subdivision (b)(2). No units assisted under this
subdivision shall be counted as accessible to the physically handicapped
for the purposes of subdivision (b)(3). whether or not so accessible.
(d) The Department establishes as a goal affirmative solicilatit)n of and
provision of technical assistance to nonprofit and cooperative spt)nsors.
NOTE: Authoritv cited: .Section .50737, Health and Saletv Code. Relerence: Sec-
tions 50736, 50747. Health and Safety Code.
HlS'lOkY
I . Amendment of subsection (b) and (c) tiled 1 1-1 3~-X0 as an emergency; eltec-
tive upon filing (Register 80. No. 46). A Certificate o1 Compliance must be
transmitted toOAL within ]20davsoremerirency laneuaee will be repealed on
.V 13-81,
2. Certificate ofComplianee transmitted to OAL 3-13-Sl (Register 81. No. 16).
§ 7818. Assistance Payment Enforcement.
(a) If the development assistance payments are made by way of a loan,
a deed of trust in favor of the Department, or in the case of payments made
through the Agency, in favor of the Agency, securing said loan and the
conditions of the regulatory agreement shall be executed which shall
create a first or second lien on the housing development with respeci lo
which said loan is made and shall be executed and recorded in accordance
with existing applicable laws.
(b) If the development assistance payments are made by way o\' a
grant, the regulatory agreement shall provide that failure to operate the
development in accordance with the requirements of the Program shall
be deemed to be a violation of the regulatory agreeinenl and shall subject
the sponsor to the procedure set forth therein.
(c) The provisions of Sections 7870, and 7892. as applicable, shall ap-
ply to the deed of trust or regulatory agreement.
(d) Contemporaneously with the execution and recordation ol the deed
of trust or regulatory agreement, the Agency or local finance entity shall
cause to be recorded, or referenced to a recorded docuinent, in the office
of the county recorder of the county in which the assisted units are lo-
cated, the document(s) evidencing the loan or a grant and conditions
therein. It shall be indexed by the recorder in the Grantor index lo the
name of the grantee and in the Grantee index to the name of the Stale of
California, and shall include a legal description of the assisted properly
that is the subject of the document(s).
(e) The obligations of the sponsor under the regulatory agreement shal I
provide the responsible agency with regulatory authority that is separate
and distinct from, and is not dependent or conditioned upon, any finan-
cial interest or claim that such agency might otherwise have with respect
to the sponsor on account of the development assistance payments.
NOTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tions 50746, 50755, 50765, Health and Safety Code.
History
1. Amendment fded 1 1-13-80 as an emergency; effective upon tiling (Register
80, No. 46). A Certificate ofComplianee must be transmitted lo OAL within 1 20
days or emergency language will be repealed on 3-13-81.
2. Certificate ofComplianee transmitted to OAL 3-1.3-81 and tiled 4-i4-SI
(Register 81, No. 15).
3. Amendment of subsection (a) filed 10-25-82: effective upon filing pursuant to
Government Code Section 1 1.346.2(d) (Register 82. No. 44).
Article 3. Development Standards
§ 7820. Eligibility of Loan Finance Entities.
(a) Before the Department makes a conditional commilment lo a local
finance entity, it shall certify after receipt and review o\' an application
that such entity has the capability of:
(1) ensuring the feasibility of the rental housing development.
Page 397
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§ 7822
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 2) moiiiioring ihe design and conslrLiction ol'ihe rental housing devel-
opment, and
(3) monitoring the management ol'ihe rental housing development for
a period of thirty (30) years or the term of the below market interest fi-
nancing, if any, whichever is greater.
(b) In determining the capability of a local finance entity, the Depart-
ment shall take into account the following criteria:
( 1 ) the entity's ability to provide below market interest financing, as
evidenced by the market rating and other relevant factors of bonds issued
or to be issued by such entity, or the entity's ability to provide other
equivalent assistance, and
(2) administrative capability, as evidenced by the experience of such
entity or staff or consultants employed or to be employed by such entity,
in implementing grant or loan programs for housing rehabilitation or
construction and management of government-assisted housing.
(c) A local finance entity may be eligible for assistance under the Pro-
gram notwithstanding that it cannot meet the criteria for certification un-
der this section, if:
( 1 ) it is located in a mral area,
(2) the Department or an entity approved by the Department contracts
or proposes to contract with it to ensure that the terms of the regulatory
agreement between it and the sponsor are carried out, and
(3) the legislative body of the local finance entity consents to such a
contract.
( d) A housing authority's eligibility shall be certified in the same man-
ner as a local finance entity.
NoTE: Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tions 3074.5. 50750. Health and Safety Code.
§ 7822. Contracts and Agreements.
(a) All assistance provided by the Department shall be governed by
contracts binding all applicants and sponsors in accordance with this sec-
Uon. except that assistance through the Agency shall be governed by an
Interagency Agreement pursuant to Article 6. and the Agency's sponsors
by Section 7882.
(b) Assistance to local finance entities under the sponsor development
component shall be governed by a state contract between the Department
and the local finance entity and by a development agreement and a regu-
latory agreement between the local finance entity and the sponsor.
(c) Assistance to local housing authorities under the rights of occupan-
cy component shall be governed by a state contract between the Depart-
ment and the local housing authority and by a regulatory agreement be-
tween the local and housing authority and the sponsor.
(d) Assistance to local housing authorities under the housing authority
component shall be governed by a state contract, a development agree-
ment and a regulatory agreement between the Department and the local
housing authority. The terms of the contract and the agreements may be
incorporated in a single document if the Department so requires.
(e) Provisions and requirements relating to assistance under the annu-
ity trust fund shall be incorporated into the state contract and regulatory
agreement governing assistance under the appropriate main component.
(f) Provisions and requirements relating to assistance under the man-
agement reserve account and the feasibility account may be incorporated
by way of amendment into the state contract and regulatory agreement
governing assistance under the appropriate main component.
(g) The Department may require such additional contracts and agree-
ments between the Department, applicants and sponsors as it deems nec-
essary to meet the purposes of the Program.
(h) All state contracts other than the Interagency Operational Agree-
ment and all regulatory agreements shall be recorded or referenced in a
recorded document in the office of the county recorder in the county in
which the rental housing development to which they relate is located.
When so recorded, they shall constitute a lien on the rental housing devel-
opment in accordance with Section 7818 for the performance of condi-
tions, including the payment of any money, specified therein. Recorded
state contracts shall be indexed in the grantor index to the name of the
sponsor and in the grantee index to the Slate of California. Recorded reg-
ulatory agreemenis shall be indexed in the grantor index to the name of
the sponsor and in the grantee index to the name of the applicant.
(i) All state contracts and regulatory or development agreeinents shall
contain such provisions as the Department considers necessary to meet
the purposes of the Program, including but not limited to:
( 1 ) a description of how the assistance under the Program will be used
to ensure that each assisted unit will remain available on a priority basis
to or occupied by eligible households for a period of not less than thirty
(30) years or the term of the below market interest financing, if any.
whichever is greater.
(2) specification o1" the amount, manner, terms and timing of pay-
ments, including annuity fund payments, by the Department and the
applicant under state contracts and regulatory agreements, respectively,
so as to ensure the economic feasibility of the rental housing develop-
ment and to protect the interests of the State.
(3) requirements for reporting in accordance with Section 7850.
(4) a provision that the covenants and conditions of such contracts and
agreemenis shall be binding upon the successors in interest to the parlies
thereto.
(5 ) a provision requiring that the local finance entity and sponsor agree
to abide by the directives of the Department with respect to excess annu-
ity fund payments and/or excess rent receipts when incoming from as-
sisted units and/or annuity fund payments are greater than approved op-
erating costs and when, in the Department's judgment, the assisted units
can operate with less rent receipts and/or annuity fund payments, and
(6) a provision stating that the Department and the local finance entity,
by mutual agreement, may reduce the number of assisted units in a rental
housing development only if the annuity fund cannot provide adequate
assistance to maintain the development's fiscal integrity. Any such re-
duction shall be reviewed no less often than annually as to its condnued
necessity.
(j ) State contracts, in addition to provisions required in subdivision (i),
shall contain provisions which:
(1 ) require the Department's approval of regulatory agreements and
development agreements, or any amendments thereto, before such agree-
ments or amendments are entered into by the parties thereto,
(2) assign to the Department the responsible agency's right to enforce
the regulatory and development agreements in the event of the responsi-
ble agency's failure to enforce such agreements, and
(3) govern the use of annuity trust fund payments in accordance with
Section 7834.
(k ) Regulatory agreements, in addition to provisions required in subdi-
vision (i). shall contain provisions which:
(1) restrict availability and occupancy of assisted units to eligible
households, in accordance with this subchapter, for a period of no less
than thirty (30) years or the term of the below market interest financing,
if any. whichever is greater.
(2) specify the number of non-assisted and assisted units in the rental
housing development and the projected rents for those units.
(3) with respect to the assisted units, specify tenant selection and occu-
pancy standards in accordance with this subchapter,
(4) with respect to all units in the rental housing development, specify
the terms of occupancy agreements in accordance with this subchapter,
(5) with respect to all units in the rental housing development, specify
procedures for increases in rent in accordance with Section 7864,
(6) limit the sponsor's return on investment in accordance with Section
7866.
(7) make the agreement, or any amendment thereto, of no force or ef-
fect unless it has been approved by the Department before being entered
into by the parties thereto.
(8) with respect to all units in the rental housing development, require
for all documents made available or used by occupants, that copies be
available in the language(s) commonly spoken by residents of the area,
and
Page 398
(4-1-90)
Title 25
Department of Housing and Community Development Programs
i^ 7832
(9) wiili rcspoct lo llic non-assislcd units aulliori/e the responsible
;ige(icy lo lix und alter a schedule of rents such as may be necessary lo
provide residents ot'the rental housing development with affordable rents
to he consistent with the financial integrity of the rental housing develop-
ment.
( 10) with respect to all units in the rental housing development, require
an annual budget in accordance with Section 7850.
( 1 h with respect lo the assisted units in the rental housing develop-
ment, require the return of all excess rents to the Department, and
( 1 2) govern the establishment, procedures for use, and terms for recap-
ture of the occupancy reserve and surplus payment reserve, if any, pro-
vided in subsection 7834(d).
(/) All development agreements shall contain provisions which:
( 1 ) require, pursuant to state or federal law, payment of prevailing
wage rales in the construction of a rental housing development,
(2) require, pursuant lo stale or federal law, the use of affirmative ac-
tion by hiring by all contractors and subcontractors involved in ihe con-
struction of a rental housing developinent.
(3) require, pursuant lo slate or federal law. such contractors and sub-
contractors to provide employmejit and training opportunities for build-
ing trades apprentices, and
(4) specify the building and properly codes and standards applicable
lo the rental housing developinent.
Noii:; Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tions 30739. 50743. S0749. 50755. 50756, 50757, and 50766. Health and Safety
Code.
HlSKJin
1. Aniendnienl filed 1 1-13-80 as an emergency; ellcctive upon filing (Register
80. No. 46). A Certificate of Conipliunce must be tran.sniitted toOAL within 1 20
days or emergency language will be repealed on 3-13-81.
2. Ceilificale of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 80, No. 16).
3. Amendment ofsubsections(k) and (I) filed 10-25-82: effective upon filing pur-
suant to Government Code section 1 1346.2(d) (Register 82. No. 44).
§ 7824. Development Standards and Costs.
(a) All rental housing developments shall conform to all applicable
slate and local building codes, zoning ordinances, and general plan re-
quiremenls. If a locality approves an exception to such ordinances and
requirements in order to facilitate construction of a rental housing devel-
opment, such a development shall be considered to be in compliance with
Ihe requirements of this section.
(b) To the maximum extent feasible, the units of a specific size and na-
lure available lo assisted and unassisted households in a development
shall be alike in size, design and characteristics and such units shall not
be segregated.
(c) Amenities in the development generally must be limited to those
which are generally provided in conventional housing of modest design
in the area. All amenities will be subject to strict scrutiny by the Depart-
ment. The use of energy efficient construction techniques or materials,
or more durable, high quality materials to control or reduce maintenance,
repair, or replacement costs, will not be considered an excess amenity.
(d) The standards of this section shall be utilized by the Department
in applying priorities pursuant to Section 7804.
NOTE: Aulhonry cited: Section 50737. Health and Safety Code. Reference: Sec-
tion 50737, Health and Safety Code.
History
1 . Amcndmeni of subsections (b) and (c) filed 1 1 -1 3-80 as an emergency, effec-
tiye upon filing (Register 80, No. 46). A Ceilificate of Compliance must be
transmitted to OAL within 1 20 days or emersency laneuaee will be repealed on
3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
§ 7826. Site Selection Criteria.
Proposed project sites must be certified by the applicant as meeting the
following criteria:
(a) The site and neighborhood must be suitable for the type of housing
proposed.
(b) The site must be free from severe environmenlal or social ct)ndi-
tions, or such conditions must be mitigated when the housing is com-
pleted.
(c) The housing must be accessible to employment and lo appropriate
social, recreational, educational, commercial and health services that are
typically found in the market-rale residential neighbt)rhoods consisting
largely of unassisted housing.
(d) The project must not be built on a site that has occupied residential
structures which would be razed or from which residents would be per-
manently displaced, or has had such structures within the six nionlhs
prior to application to the applicant.
(e) The project may nol be built in an area identified as having special
Hood hazards unless the project is covered by Hood insurance.
Note: Authoritv cited: Section 50737. Health and Safety Code. Releicnce: Sec-
tions 50737, 50737.5, Health and Safety Code.
HisroRY
1. Amendment of subsection (d) tiled 1 1-13-80 as an emergenc\ : ellectise upon
filing (Register 80. No. 46). A Ceilificale of Compliance must be triinsmitted
to OAL within 1 20 days or emergency language will be repealed on 3- 1 3-8 1 .
2. Certillcate of Compliance transmitted to OAL 3-13-81 and filed 4 14-81
(Reeister No. 16).
Article 4.
Application Procedure and
Review
§ 7830. Prerequisites of Applications.
(a) Prior to submission of an application to the Department, the spon-
sor, or the local housing authority in the case o[ an application under ihe
housing authority development component, shall have site control of the
site of the proposed rental housing development.
(b) Where the proposed rental housing development is likely to con-
tain more than fifty (50) assisted units, the applicant shall give the De-
partment advance notice of its proposed application. Such notice shall be
given as far in advance of the submission of ihe application as possible,
but generally no less than thirty (30) days before such submission. Sucii
notice shall not constitute a pre-application, but is required to enable the
Department to meet its regional and other allocation quotas.
NOTE: Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tion 50737, Heaith and Safety Code.
§ 7832. Applications for Development Payment.
(a) Pre-applications by local finance entities and local housing autho-
rities are to be made on the Department's application forms and in accor-
dance with the Request For Proposals and guidelines to be issued by the
Department and shall be submitted in compliance with Department in-
structions.
(b) Assistance from the development payments account shall be used
for the purpose of reducing approved development costs of assisted units
so that rents in those units remain affordable to eligible households.
(c) The application shall provide all information required by the pre-
application form, including but not limited to:
(1 ) evidence of eligibility of the applicant, including information re-
quired for certification under Section 7820.
(2) evidence of eligibility of the project for which the applicalit)n is
made,
(3) evidence of the applicant's and sponsor's compliance with the pre-
requisites for application in accordance with Section 7830.
(4) evidence of eligibility of the sponsor (including certification of ca-
pacity under Section 7810 of these regulations), or evidence of the capa-
bility of the local housing authority,
(5) a description of the proposed rental housing development, includ-
ing the number and sizes of assisted and unassisted units, the number of
structures, location, access to amenities, and suitability of site.
(6) a site map indicating the location of the assisted and nonassisted
units,
(7) preliminary drawings of the assisted and non-assisted units.
Page 399
(4-1-90)
§ 7834
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(8) informalion as to the proposed construction of the rental housing
development, including the general contractor's name and experience, it'
known, method of constaiction. incorporation of solar and energy effi-
cient design features and systems, and other special features,
(9) information as to the financial aspects of the rental housing devel-
opment, including the anticipated amount and form of assistance applied
for, a general breakdown of development costs, anticipated sources and
terms of financing, projected operating expenses, and a statement indi-
cating how assistance under the Program will be used to provide afford-
able rents to eligible households in assisted units and how the economic
integrity of the rental housing development will be maintained.
( 10) informalion as to the planning aspects of the rental housing devel-
opment, including anticipated or actual compliance with the local gener-
al plan and housing element, zoning, and access to utilities.
( 1 1 ) a market analysis indicating the feasibility of the proposed project
in view of existing market factors, including housing demand at compa-
rable rents, area housing needs and income levels, and regional and local
vacancy rates,
( 12) information qualifying the applicant for consideration under any
of the priority factors included in Section 7804,
(13) information as to the projected occupancy of the assisted units (el-
derly, family, and/or handicapped),
(14) information as to existing structures on the proposed develop-
ment site, and
( 15) any other informalion which the Department may reasonably re-
quire to determine the eligibility or appropriateness of the proposed rent-
al housing development for assistance under the Program.
(d) The applicant shall provide all information required by the final
application form, including but not limited to:
(1) a construction timetable and incorporation of prevailing wage,
equal opportunity and apprenticeship requirements,
(2) a set of architectural drawings including location, type and design
of energy system and provisions for passive solar design,
(3) information as to the sources and terms of financing,
(4) information as to access to utilities, services and employment, and
(5) any other information which the Department may reasonably re-
quire to determine the eligibility or appropriateness of the rental housing
development for assistance under the Program.
(e) The applicant shall provide additional information before loan and
grant closing, including:
( 1) a relocation plan, if necessary, including a program for implemen-
tation pursuant to Section 7814,
(2) evidence of compliance or ability to comply with the California
Environment Quality Act, and regulations promulgated thereunder, and
if applicable, the California Coastal Act and other relevant state law. and
(3) any other information which the Department may reasonably re-
quire to determine eligibility or appropriateness of the rental housing de-
velopment for assistance under the Program.
NOTE; Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
lion 50737, Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effective upon filing (Register
80. No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
§ 7834. Applications for Annuity Funds.
(a) Application for annuity fund payments shall be made on the De-
partment's application form and provide all required information.
(b) When the Department determines that assistance from the develop-
ment payments account is insufficient to provide affordable rents to eligi-
ble households in assisted units, assistance may be authorized from the
annuity fund.
(c) Annuity fund loan and grant closing shall be concurrent with devel-
opment payment(s) loan and grant closing.
(d) Assistance from the annuity limd shall be used for the purpose ol"
reducing rent levels in assisted units so that rents in those units remain
affordable to eligible hou,seholds. Such assistance shall be used to subsi-
dize approved operating costs of the assisted units. "Operating costs"
means reasonable and justifiable costs for the following items:
( 1 ) management, including a management fee (which includes all indi-
rect and direct costs of collecting rents and any salary or other payment
to an on-sile manager), advertising, legal, accounting, and telephone:
(2) operations, including heating and lighting for common areas, wa-
ter, elevator maintenance, common area maintenance and supplies, gar-
bage and trash removal, payroll and payroll taxes, insurance, janitorial
supplies, ground and drives maintenance, exterminating, and office sup-
plies:
(3) maintenance, including decorating and repairs;
(4) vacancy reserve;
(5) replacement reserve;
(6) real estate taxes:
(7) in the case of cooperatives, an occupancy reserve which shall be
for the purpose of providing downpaymeni loans to occupants of assisted
units within the cooperative: and
(8) in the case of cooperatives, a surplus payment reserve which shall
be for the purpose of reducing carrying charges lo a household which ini-
tially occupied an assisted unit within the cooperative and whose income
exceeds the income liinits established by this Program.
(e) Applications for payments froin the annuity fund, in addition to
other information required by the Department, shall include:
( 1 ) the anticipated ainount oi' assistance, required, based on cost pro-
jections provided by the Department, and
(2) a description of how the annuity payments will be used for eligible
costs to reduce rents to ensure the affordability of assisted units consis-
tent with the fiscal integrity of the rental housing development.
NOTE; Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tions 50738. 50748, Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effective upon filing (Register
80. No. 46). A Certificate ofCompliancemustbe transmitted to OAL within 120
days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Regi,ster81 No. 16).
3. Amendment of subsection (d) filed 10-25-81; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 82, No. 44).
§ 7836. Applications for Management Reserve Funds.
(a) Applications for management reserve funds shall be made on the
Department's application form and provide all required information.
(b) Assistance from the management reserve account is available only
to defray unavoidable cost increases in maintenance, taxes, utility or
management costs, or charges for common areas and services, in order
to maintain affordable rents in assisted units. Management reserve funds
may be used only to the extent that;
( 1 ) the annuity fund payment projected for the development is insuffi-
cient to provide rents that are affordable in the assisted units.
(2) there are insufficient annuity funds or excess rent revenues, and
(3) the sponsor can substantiate that the need for such funds is the re-
sult of unexpectedly low rent payments, extraordinary operational ex-
penses, uninsured damages, or other extraordinary or unforeseen ex-
penses approved by the Department.
(c) Applications for assistance from the management reserve account,
in addition to other information required by the Department shall in-
clude:
( 1 ) the anticipated amount of assistance required and the basis for the
calculation of that amount.
(2) substantiation of the information required by subdivision (b). in-
cluding the jeopardy to the fiscal integrity of the development.
(3) information as to how the cost increases will result in unaffordable
rents in the assisted units, and
(4) what measures the applicant and sponsor have taken to reduce costs
and to maintain the fiscal integrity and affordable rents in the future.
Page 400
(4-1-90)
Title 25
Department of Housing and Community Development Programs
5J7844
Noil : Aiiihdrilv ciled: Seciion 5i)lM. Hcallhand Safety Code. Kercrcncc: Sec-
lion 5{)nO. Health and Safety Code.
Cerlifieate of Coniplianee iransniilled \o OAL .^i- 1,^-81 and Hied 4- 14 81
(Reei.sterSl.No. 16).
(^ 7838. Applications for Feasibility Account Funds.
(a) Applications for paymcnl.s from the feasibility account shall be
made on the Department's application form and shall provide all required
inf(M"niation.
(b) Assistance from the feasibility account shall be available to defray
development costs or short-term operational costs of non-assisled units
if the Department determines thai:
( 1 ) additional payments are neeessaiy to ensure the economic feasibil-
ity of the development.
(2) without additional payments the development could not or would
not be undertaken, and
(3) sufficient funds are available to make such payments and not more
than \(V/< of the Fund would he used for such payments.
(c ) Applications lor assistance from the feasibility account, in addi-
tion to t)ther informalion required by the Department, shall include:
( 1 ) the anticipated amount of assistance required and the basis for the
calculation of that amount, and
(2) substantiation ol" the information required by subdivision (b).
No It;: Aiithorily cited: Section 50737. Health and Safety Code. Reference: Sec-
tion .s07.^iX. Health and Safety Code.
History
1. Amendinenl of sub.section (b) filed 1 l-]3-8()asan emergency: effective upon
filing (Register 80, No. 36). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-13-81 .
2. Cenificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Reirisier81. No. 16).
§ 7840. Staff Review of Applications.
(a) Pre-applicalions will be reviewed to determine if they are com-
plete, accurate, and generally in compliance with this subchapter. The
Cominittee may establish application dates, prior to and subsequent to
which no applications will be accepted for processing.
(b) Program staff shall review all pre-applications to determine their
eligibility and the appropriateness of providing assistance from the Fund.
(c) In conducting its review, program staff shall, at a minimum:
( 1 ) certify as to the capability of the local finance entity and the spon-
sor, if any, in accordance with Sections 7820 and 7812,
(2) determine the priority of the pre-application under Section 7804,
(3) establish compliance with Section 7812(e) and Department's Sta-
tewide Housing Plan,
(4) consider the allocation of assisted units throughout the state in ac-
cordance with identified housing needs and Section 7816(b), and
(5) review other relevant information to ensure that the application
complies with the requirements and intent of the Program.
(d) On the basis of its review of the pre-application. Program staff will
submit recommended pre-applications to the Committee for its consid-
eration.
(e) When a pre-application is recommended to the Committee for re-
view, the applicant shall be notified of the recommendation and the date
and time of the Committee hearing considering the pre-application.
When a pre-application is not recommended to the Committee for re-
view, the applicant shall be notified of the negative recommendation of
(he pre-application, the reasons therefore, the right to appeal the action
to the committee, and method and timing of such an appeal.
(f) After conditional commitment, the staff shall review the final appli-
cation to determine compliance with all conditions. Material noncom-
pliance with any condition, lack of progress in fulfilUng conditions, and
other material facts shall be reported to the Committee.
Noth: Authority cited: Section .50737. Health and Safety Code, Reference: Sec-
tions 50737. 50737.5. Health and Safety Code.
History
1 . Amendment of sub.sections (d). (e) and (f) filed I 1-1 3-80 as an emergency; ef-
fective upon filing (Register 80. No. 46). A Certificate of Compliance must be
transmitted to OAL within 1 20 davs or emergency language will be repealed on
3-13-81.
§ 7842. Committee Review of Applications and Other
Matters.
(a) The Committee shall be responsible for the review and recommen-
dation of all pre-applications for assistance, the allocations ior assis-
tance, the allocation of Program funds between the component accounts
established by this subchapter, and such other functions and duties as
may be required by the Director.
(b) The Committee shall operate and ct)nsist of members as set forth
in Subchapter 1 (commencing with Section 6900) of Chapter 6.."^ of Part
1 of Title 25, California Administrative Code.
(c) In reviewing any matter under this subchapter, the Committee shall
consider the recommendations of Program staff: the applicalit)n: and
written or oral testimony, if any. from the applicant, the sponsor, or any
other interested person.
(d) In its review, the Committee shall take into account:
( 1 ) compliance with this subchapter.
(2) rating with respect to priorities.
(3) whether the provision of assistance to the sponsor will result in the
most effective and efficient use of available funds,
(4) the geographic distribution of assisted units throughout the state in
accordance with identified housing needs,
(5) the allocation ol" assistance pursuant to Section 7816(b),
(6) whether approval of the costs of permanent financing as dev elop-
iTiental costs will reduce expenses to the Program over the life of the State
Contract, and
(7) such other considerations as are consistent with the terms and ob-
jectives of the program.
(e) The Committee shall inform the Director in writing of its recom-
mendation, stating:
(1 ) that it recommends for conditional commitment, postponed con-
sideration of. or recommended rejection of the pre-application. or taken
such other action with respect to other matters as is deemed appropriate.
(2) the conditions, if any. attached to its recommendation for condi-
tional commitment or other directive of the reasons for its recominenda-
tion for rejection of postponement of consideration.
(f) The Committee, in any recommendation of approval of any pre-
application, .shall specify any terms, conditions, or special requirements
which are not present in the pre-application, as well as form. term, and
timing of assistance payments.
(g) The CoiTimittee. in reviewing the progress of developments,
amendments of any agreements, or other actions permitted by the Pro-
gram shall consider all relevant and available information prior to mak-
ing a recommendation to ainend. terminate or otherwise effect an appli-
cation or developiTient.
NOTt: Authority cited: Section 50737, Health and Safely Code. Reference: Sec-
tion 50737, Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency: elfective upon filing (Register
80, No. 46). A Certificate of Compliance must be transmitted to ( )AL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
§ 7844. Action by the Director and Applicant Request for
Reconsideration.
(a) The Director shall, within (13) days of the Coinmittee reconmien-
dation, inform the applicant in writing of his/her decision staling:
(1) that the pre-application has been approved for conditional ct)m-
niittnent and condition, if any, attached to the commitment.
(2) that the pre-application has been postponed by the Committee and
the date that it will be reconsidered or an explanation of the actions neces-
sary for it to be reconsidered.
(3) that the pre-application has been rejected and the specific reasons
for the rejection.
Page 401
(4-1-90)
§ 7846
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
lb) If the applicanl is dissatisfied with any action of the Director re-
garding the disposition of the pre-appiication, it may within thirty (30)
days of the dale of the Director's decision, request, in writing, a reconsid-
eration of the decision, stating the items to be reconsidered and fully sup-
porting the grounds for the reconsideration.
(c) With respect to any request tor reconsideration pursuant lo subdivi-
sion (b), the Director shall:
( 1 ) within twenty (20) days of the date oi" documented receipt of the
request hold an open hearing at which the applicanl, sponsor, program
staff and any interested person may make oral or written submissions as
to the action the Department should take, and
(2) within thirty (30) days of the date of documented receipt of the re-
quest notify in writing the applicant of the Director's determination of the
request.
id) The Director's determination of the appeal shall be final.
No IE: Authority cited: Section 30737. Health and Safely Code. Reference: Sec-
tion 50737. Health and Safety Code.
History
1. Amendmeni filed 1 i-13-80 as an emergency: effective upon filing (Register
80, No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 80, No. 16).
§ 7846. Disbursements.
I a) At the time of Department approval of pre-application, the Depart-
ment shall reserve a sum of no more than 120% of the amount of assis-
tance approved for a specific development for a period not to exceed one
year. The Department shall disburse funds to the local finance entity or
housing authority after closing of the loan and execution of the state con-
tract or any amendmeni thereto, provided that all terms and conditions
of the approved application are met, pursuant to the terms of the State
contract.
(b) Upon receipt of funds from the Department, the responsible agency
shall eslabhsh an appropriate projecl account and, pending further dis-
bursements by the responsible agency, shall invest the funds and remit
interest thereon to the Department at the time specified by the state con-
tract. Funds from the account shall not be disbursed for the development
except as permitted by this subchapter and the state contract, develop-
ment contract, or regulatory agreement.
(c) With the written approval of the responsible agency the Depart-
ment may disburse payments directly to the sponsor or its designee.
However, the responsible agency shall ensure that all conditions prece-
dent to such payment are to be met.
NoTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tion 50737. Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency: effective upon filing (Register
80. No. 46). A Cenificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
Article 5. Operations
§ 7850. Reporting.
(a) The regulatory agreement between the sponsor and the responsible
agency shall contain a requirement that the sponsor report to the responsi-
ble agency in a form approved by the Department at least annually.
(b) The state contract between the responsible agency and the Depart-
ment shall contain a requirement that the responsible agency monitor the
rental housing development and report annually to the Department in a
form approved by the Department. Each report shall deal separately with
each rental housing development for which the responsible agency is re-
sponsible and shall be submitted to the Department no later than ninety
(90) days after the beginning of each fiscal year established for the rental
housing development. The report shall contain such information as the
Department may require, including but not limited to:
(1 ) the fiscal condition of the rental housing development, including
an audited financial statement indicating surplus or deficits in operating
accounts and the amount of any fiscal reserves,
(2) the substantial physical defects in the rental housing development,
including a description of any major repair or maintenance work under-
taken in the reporting year,
(3) the (,)ccupancy of the rental housing development indicating,
(A) the number and sizes of assisted units available to or occupied by
eligible households,
(B) the distribution of incomes of eligible households,
(C) the ethnic groups to which eligible households belong, and
(D) the numbers of eligible very low income and other lower income
households on waiting list for assisted units.
(4) general management performance, including tenant relations and
other relevani infonnation.
(c) The slate contract between the responsible agency and the Depart-
ment shall contain a requirement that no later than ninety (90) days before
the beginning of each fiscal year established for ihe rental housing devel-
opment the responsible agency shall submit to the Department a pro-
posed budget for each rental housing development for which such agency
is responsible. Such budget shall be in a form approved by the Depart-
ment and shall include information as to projected rents, operating ex-
penses and utility costs for the next fiscal year and carrying charges, in-
cluding excess rents from the previous fiscal year, and shall be
accompanied by a request for use of annuity funds or an application for
management reserve or feasibility funds, if such funds are required to
maintain the fiscal integrity of the rental housing development.
(d) The responsible agency shall immediately report lo the Depart-
ment any actual or impending default by the Sponsor under the Regulato-
ry Agreement or deed of taist.
(e) Each rental housing development shall operate on a fiscal year de-
termined by the Department and specified in the regulatory agreement.
NOTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tions 50743, 50746, 50756, and 50766, Health and Safety Code.
History
1. Amendment filed 11-13-80 as an emergency; effecdve upon filing (Register
80, No. 46 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
3. Amendment of subsection (c) filed 10-25-82: effective upon filing pursuant to
Government Code Section 1 1 346.2(d) (Register 82, No. 44).
§ 7852. Contract and Agreement Amendments.
(a) The Department may approve an amendment to the state contract
to rejlect any change in development funds only:
( 1) to correct substantial errors by the Department, the Agency, the lo-
cal finance entity or the local housing authority in the original processing
which would otherwise result in serious inequities,
(2) to retlect differing costs which result from new requirements im-
posed by local government, the Department the Agency, local finance
entities, the local housing authority, or federal agencies which are be-
yond the control of the owner, which have been approved by the Depart-
ment, and which could not have been anticipated at the time the stale con-
tract was executed, or
(3) to reflect differing costs which result from a change in contractor
which is necessary because the original contractor became bankrupt, was
terminated by the sponsor due to inadequate performance or abandoned
the job.
(b) Amendments pursuant to subdivision (a) will be limited to the
amount necessary to cover the specific cost increase associated with the
applicable item cited in the request and limited to a pro rata share based
on the portion of the difference attributable to the assisted units. The De-
partment shall not authorize a change in funding until such lime as the
local finance entity or housing authority has approved a proportional ad-
justment in developinent costs for the non-assisied units.
(c) Amendments of the state contract and regulatory agreement to in-
crease or decrease the amount of annuity fund payments and/or increase
Page 402
(4-1-90)
Title 25
Department of Housing and Community Development Programs
§ 7858
i)r decrease the luiinber of ;issisted units shall be fully supported by cir-
ciuiislances requiring the adjustment, including the extent to which the
cost changes were within the control of the sponsor. Such amendments
shall be considered by the Department concurrently.
(d) Other amendments of the slate contract and regulatory agreement
to change any terms of the approved application shall be fully supported
by circumstances requiring the amendment.
(e) Requests for any amendments permitted by this section shall be
submitted to the Department at least three weeks prior to a scheduled
meeting ol the Committee.
Not t- Auihoriiy cilcd: Scclion .-SOT.U. Hc;ilth ant! Salelv Code, kcfcrencc: Sec-
iit)iis 50746. .S()756. .■SOT.^y. and 50765. Health and Safety Code.
§ 7854. Tenant Occupancy Standards.
(a) The regulatory agreement between the sponsor and the responsible
agency shall require standards for occupancy of assisted units. Included
in such standards shall be the requirement that one bedroom units shall
be assigned ordinarily to single person households only when there are
no efficiency units available.
(b) The general standards for determination of a tenant's unit size are
as follows:
//'/// Minimum No. of Maximum No. of
Size I'crsoii.y in Household Persons in Household
0-BR I 1
l-BI^ 1 2
2 BR 2 4
-VBR 4 6
4-BR 6 X
.5-BR 8 10
(c) Flexibility for assignment to a different sized unit is permitted if
special circumstances warrant such an assignment and its reason are doc-
umented in the tenant's file.
NOTI-: Anthority cilcd: Section 50737. Health and Salcty Code. Reference: Sec-
tions 50746. 50749. 50757. and 50766. Health and Salety Code.
§ 7856. Tenant Selection Procedures.
The regulatory agreement between the responsible agency and the
sponsor shall require the development of tenant selection procedures
which shall require at least the following plans and procedures with re-
spect to the selection and admission of households applying to occupy
assisted units and which, after approval by the responsible agency, shall
form part of the regulatory agreement and be binding on the sponsor
while the assistance reinains in effect.
(a) An affirmative marketing plan shall be established which must in-
clude the following:
( 1 ) Local residency requirements are prohibited. Local residency pref-
erences are discouraged except as required by subdivision (b).
(2) Policies to achieve greater access to housing opportunities created
by the Program for all persons regardless of race. sex. marital status, col-
or, religion, national origin, handicap, other arbitrary factors.
(3) In general, all the requirements of the affirinalive fair housing mar-
keting plan required by Title 24. Code of Federal Regulations Section
883.31.5 and the Affirmative Fair Housing Marketing Regulations in
Title 24. Code of Federal [Regulations Sections 200.600 et seq.. whether
or not federal assistance is received.
(b) A tenant preference plan shall detail the manner in which the hous-
ing sponsor will give preference in the renting of units:
( 1 ) To tenants displaced from housing by this or other government-
assisted housing developments or by other governmental actions or natu-
ral disasters.
(2) To families with dependent children for multi-bedroom units
(c) In the case of cooperatives, the tenant selection plan and proce-
dures shall specify the selection criteria for membership, grounds for de-
termination of unsuilability and procedures for appeal. Selection and
suitability criteria shall not discriminate on the basis of race, religion, na-
tional origin, language, sex. source of income, handicap, family makeup,
or any other arbitrary factor.
(d) The sponsor shall advertise and solicit applications from potential
tenants in accordance with the approved marketing and selection plans.
Applications shall be in a form approved by the Department and shall be
available for examination by the responsible agency.
(e)On receipt of the application, the sponsor shall determine the eligi-
bility and. in the case of cooperatives, the suitability t)f the household un-
der this subchapter; verify the information supplied by the household in
the application; and certify the income of the household for the purpose
of determining the rent affordable to such household pursuant \o Section
7806.
(0 If the sponsor determines thai the potential tenant is eligible and.
in the case of cooperatives, suitable, the sponsor shall promptly so notify
the potential tenant of eligibility and. based on turnover history, when a
unit may be available.
(g) If the sponsor determines that the potential tenant is not eligible or.
in the case of cooperatives, unsuitable to occupy an assisted unit, the
sponsor shall promptly notify the potential tenant in writing staling the
reasons for such determination and the procedure for appeal pursuant to
Section 7862.
(h) The sponsor shall compile an initial list of eligible households ap-
plying to occupy assisted units. Such a list will indicate whether such
households are very low income households or other lower income
households and after separating households into preferences pursuant to
subdivision (b), shall place households in such groups in an order ol
priority determined by lot or another method approved by the Depart-
ment. After initial tenancies, the priority shall be established in order of
application, except that tenants entitled to preference shall receive pref-
erence over non-preference households.
(i) The sponsor may refuse to place an eligible household on the list
required by subdivision (h) or remove such household from such list if
the sponsor determines that such household has unreasonably provided
false information in its application, or has, in the two years preceding the
application, been evicted by a court of law on more than one occasit)n on
grounds which were consistent with Section 786()(b), or in the case of
cooperatives, on the grounds of unsuilability. The sponsor may not use
status criteria including but not limited to source of income or marital sta-
tus in determining eligibility. A potential tenant refused a rental unit or
a place on a waiting list shall be notified in writing stating the reasons lor
such determination and the procedure for appeal of this decision pursuant
to Section 7862.
(j) As assisted units become available, the sponsor shall offer them for
occupancy by eligible households in accordance with the application
date and with the requirement for occupancy by different income levels
pursuant to the provisions of the regulatory agreement.
(k) Notwithstanding the provisions of this section, the Department
may permit to be incorporated in a regulatory agreement such other ten-
ant selection and occupancy standards as it considers necessary to ensure
the fiscal integrity of the project, to ensure an adequate economic mix of
income groups, or to require other reasonable standards where the nature
or location of the rental housing development requires such standards.
NOTE: Authority cited: Section 50737, Health and Satctv Code. Reference: Sec-
tions 50746. 50749. 50756 and 50766. Health and .Safely Code.
History
1. Amendment filed 10-25-82: elfeclivc upon filine pursuant to Government
Code Section 1 1346.2(d) (Register 82. No. 44).
2. Editorial correction of subsection (i) tiled 1 1-2-82 (Register 82. No. 44).
§ 7858. Lease and Occupancy Procedures.
(a) Each household selected to occupy a unit in the rental housing de-
velopment shall enter into a lease with the sponsor of the rental housing
development. Such a lease shall be a standard form approved by the De-
partment, including but not limited to the following terms:
(1)3 tenancy from year to year, with a provision allowing the tenant
to terminate the tenancy on thirty (30) days written notice to the sponsor
or, in the case of cooperatives, terms to he approved by the Department,
(2) termination provisions in compliance with Section 7860.
Page 403
(4-1-90)
§7860
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) provisions relating to the annual receriification of the income ot'the
tenant in an assisted unit in accordance with this section.
(4) provisions relating to security, cleaning and other deposits in ac-
cordance with law. and in the case of cooperatives, the downpaynient.
(5) provisions requiring notice of approved rent increases pursuant to
Section 7864.
(b) In the case of cooperative ownership, the sponsor shall have provi-
sions for downpayments in accordance with the following:
( 1 ) Downpayments as applicable to very low income households shall
not exceed 2.5 percent of the prorated development cost for the unit, plus
the equity appreciation at a rate approved by the Department.
(2) Downpayments as applicable to other lower income households
shall not exceed 3.5 percent of the prorated development cost for the unit,
plus the equity appreciation at a rate approved by the Department.
(3) The required cash contribution to be paid by an eligible household
toward the downpayment at or before occupancy shall not exceed ten
percent (10%) of the household's income over the preceding twelve ( 12)
months.
(4) The cooperative may issue the tenant a loan equal to the difference
between the downpayment and the cash contribution. The terms for such
loan shall be approved by the Department, but in no case shall the total
payments made during the year exceed the greater of ten percent ( 10%)
of the original loan amount or one month's carrying charge determined
at the most recent income recertification.
(c) The sponsor may establish reasonable rules of conduct and occu-
pancy which shall be in writing, and given to each tenant.
(d) With respect to tenants of assisted units, the tenant's income shall
be recertified once each year in accordance with the following procedure:
( 1 ) The sponsor shall notify the tenant in writing thirty (30) days in ad-
vance of the impending recertification, requiring the tenant to submit to
the sponsor a declaration of income within 30 days in a form approved
by the Department; and
(2) The sponsor shall verify the accuracy of the declaration, certify the
tenant's income accordingly and notify the tenant in writing of the certifi-
cation and any resultant changes in the tenant's rent and right to occupy
an assisted unit pursuant to subsections (e), (f). (g) and (h), and the ten-
ant's right to appeal such determinations pursuant to Section 7862.
(e) Where the tenant in an assisted unit was a very low income house-
hold and on recertification the tenant's income exceeds:
( 1 ) fifty percent (50%) of the area median income adjusted for family
size but not the upper limit for lower income households, the tenant' s rent
shall be set no higher than twenty-five percent (25% ) of the tenant's in-
come including an allowance for utility costs in accordance with .section
7806.
(2) the upper limit for lower income households, the tenant
(A) shall from the date of recertification pay rent equal to twenty-five
percent (25%) of the tenant's income including an allowance for utilities,
and
(B ) shall have a right of first refusal where provided for in the regulato-
ry agreement for any appropriate-sized, non- assisted unit in the rental
housing development which becomes vacant within six (6) months of the
date of recertification or their own unit if an appropriate-sized, non-ass-
isted unit becomes occupied by an eligible household within six months.
Where more than one tenant has such a right of first refusal the priority
of each tenant's right of refusal shall be determined by lot. and
(C) shall be required to vacate the assisted unit no later than six (6)
months from the date of recertification if the tenant's continued residen-
cy would cause a reduction in the number of assisted units occupied by
eligible households in the development.
(f) Where the tenant in an assisted unit was a lower income household
but not a very low income household and on recertification the tenant's
income:
(1 ) falls below fifty-one percent (5 1 %) of the area median income ad-
justed for family size the tenant shall pay rent pursuant to Section
7806(c)(1). When a vacancy occurs in an assisted unit in the rental hous-
ing development occupied until such vacancy by a household, with an in-
come equal to or less than fifty percent (50%) of the area median income
adjusted for family size, the tenant's rent shall be reduced to the amount
set forth in Section 7806(b).
(2) exceeds the upper limit for lower income households, the provi-
sions ol' subdivision (d)(2) shall apply.
(g) in case of cooperatives where the tenant in an assisted unit was a
very low income household and on recertification the tenant's income
exceeds:
( 1 ) fifty percent (50%) of the area median income adjusted for family
size but not the upper limit for lower income households, the provisions
of 7858(e)(1) shall apply.
(2) the upper limit for lower income households but not in excess of
ninety percent (90% ) of the area median income adjusted for family size,
the tenant shall from the date of recertification pay carrying charges equal
to thirty-five percent (359(>) olthe tenant's income including an allow-
ance for utilities.
(3) ninety percent (90%) of the area median income, adjusted for fami-
ly size, the tenant:
(A) shall from the date of recertification pay a carrying charge equal
to thirty-five percent (35%) of the tenant's income including an allow-
ance for utilities but not to exceed the carrying charges of a nonassisted
imit.
( B) shall have a right of first refusal where provided for in the regulato-
ry agreement for any appropriate-sized, nonassisted unit in the coopera-
tive which becomes vacant within twelve months of the date of recertifi-
cation or their own unit.
(C) shall after twelve months pay carrying charges equal to the carry-
ing charges for a equivalent nonassisted unit.
(h) in the case of cooperatives where the tenant in an assisted unit was
a lower income household and on recertification the tenant's income:
( 1 ) falls below fifty-one percent (5 1 %) of the area median income ad-
justed for family size, the provisions of Section 7858(f)(1) shall apply.
(2) exceeds the upper limit for lower income households but is less
than ninety percent (90%) of the area median adjusted for family size, the
provisions of Section 7858(g)(2) shall apply.
(3) exceeds ninety percent (90%) of area median adjusted for family
size, the provisions of Section 7858(g)(3) shall apply.
(i) In the case of cooperatives where the income of an existing member
occupying an assisted unit exceeds ninety percent of the median income,
the next comparable available unit .shall be deemed an assisted unit.
(j) Except as specifically set forth in this subchapter, leases and land-
lord-tenant relationships shall be subject to California law.
NOTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tions .S0746, 50749. 50736 and 50767, Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effective ujron filing (Register
80. No. 46). A Ceiiiticate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and Tiled 4-14-81
(Register 81. No. 16).
3. Amendment filed 10-25-82: effective upon filina pursuant to Government
Code Section lL346.2(d) (Register 82, No. 44).
4. Editorial conection of subsection (d)(2) filed 1 1-2-82 (Register 82. No. 44).
§ 7860. Termination and Eviction.
(a) A tenancy in a unit in a rental housing development may be termi-
nated without the termination being deemed an eviction under the fol-
lowing circumstances;
( 1 ) death of the sole tenant of a unit,
(2) by the tenant at the expiration of a term of occupancy,
(3) by abandonment of the premises by the tenant, or
(4) with respect to a tenant of an assisted unit by a failure to maintain
financial eligibility pursuant to Section 7858, providing the sponsor
gives the tenant 60 days written notice of such termination.
Page 404
(4-1-90)
Title 25
Department of Housing and Community Development Programs
5^7866
Any icimination ola lenancy olher tluin ihosc lisied in this suhdivision
shall consdiLite an "eviction" and shall he effected only piirsuanl to the
remaining provisions of the section.
(b) The sponsor shall not evict any tenant in violation ofCalifornia law
and only upon the lollowing grounds: material noncompliance with the
lease, material I'ailure to carry out obligations under state law, or any oUi-
er good cause which may include the refusal ola I'amily to accept an ap-
prcned modified lease. "Material noncompliance with the lease" in-
cludes one or more substantial violations o\' the lease or habitual minor
violations of the lease which:
( 1 ) disrupt the livability of a building.
(2) adversely aj'fect the health or safety of any person or the right of
any tenant to the quiet enjoyment of the leased premises and related faci-
lities.
(3) interfere with the management of the building, or
(4) have an adverse financial effect on the building. Rent shall be due
on the first day ol the rental period but will not be late until the sixth day
of that period. Non-payment of rent or any other financial obligation un-
der the lease after a three-day notice to pay rent or quit will constitute ma-
terial noncompliance with the lease, but payment during such a period
will constitute a minor violation.
(c) Notice of termination or eviction shall be provided to the tenant
pursuant to law, except that such notice shall contain in addition to other
required information, a statement of the facts constituting cause for evic-
tion and the right ola tenant to a hearing pursuant to Section 7862 if a
request for hearing is provided within the lime permitted by the eviction
or termination notice. If a hearing is requested within 10 days after ser-
vice of a three day notice to pay rem or quit, that notice shall be operative
until three days after a final decision is rendered in the hearing. No hear-
ing shall be required if an eviction is noticed pursuant to Section 1 161(4)
of the Code of Civil Procedure.
(d) The procedure for eviction shall be pursuant to law, except that
hearings pursuant to Section 7862 may be interposed upon timely request
by the tenant.
Noir-: Authority ciicd: Section 50737. Health and Safety Code. Reference: Sec-
lions 30746. .50749. 507.56 and 50767. Health and Safety Code.
History
1 . Amendnieni of subsections (a) and (b) filed 1 1-30-80 as an emergency: effec-
tive upon filing (Register 80, No. 46). Certificate of Compliance must be tians-
mitied to OAL wittiin 120 days or enievnency lanauage will be repealed on
.V1.V8],
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
§ 7862. Appeal and Grievance Procedures.
(a) Each sponsor shall submit, together with its affirtnative marketing
program, proposed appeal and grievance procedures for resolving com-
plaints by the sponsor concerning the sponsor's tenants and by its present
or prospective tenants concerning the sponsor or the sponsor's other ten-
ants. The proposed procedures shall be reviewed by and be subject to the
approval of the Department, which shall require such modifications as
may be necessary and appropriate. The procedures shall include feasible
informal and formal mechanisms for dispute resolution as are appropri-
ate given the nature of the housing sponsor, the size and nature of the de-
velopment, and the characteristics of the tenants (including English lan-
guage fluency). Where appropriate, the procedure shall provide that
unresolved grievances or additional appeals shall be directed to the re-
sponsible agency for review and recommendation. The Department shall
be the final authority for purpose of interpretation of the requirements of
the Program, upon a written request for interpretation.
(b) A written copy of the approved grievance and appeal procedures
shall be given lo each tenant at the time of admission and thereafter as
changes are approved, and to each prospective tenant upon rejection.
(c) Any grievance, including a contractual dispute, of a sponsor with
another sponsor or its responsible agency shall be addressed first with the
executive officer of that agency. If the matter is not resolved to the satis-
faction of the sponsor, it may be addressed in writing to the Director of
the Department.
(d) At a minimum, the tenant appeal and grievance procedure must in-
clude the following:
( 1 ) Oral or written request foi informal hearing written a reasonable
lime after the basis for appeal or grievance arose:
(2) A prompt informal hearing and written decision to the tenant in-
cluding the right to a formal hearing;
(3) Oral or written request for a formal hearing within a reasonable
lime after such request and before an impartial person jointly selected by
the sponsor and tenant. If they cannot agree on such a person, each may
appoint a representative who. together, shall appoint a third perst)n win)
shall comprise the hearing panel.
(4) The hearing be held in a manner to ensure fairness and the piovi-
sion of basic safeguards of due process after at least three days wtiiicn
notice lo the parties. The decision shall be based solely on a preponder-
ance of evidence presented at the hearing.
(5) If the tenant or sponsor fails to appear at the hearing, the hearing
officer or panel may, in its discretion, either postpone the matter for no
more than five days or make a determination that the absent party waived
the right to the hearing.
(6) Within two weeks of the request for the hearing, the hearing t)lTicer
or panel shall prepare a written decisit)n to be sent to the sponsor, tenant,
responsible agency and Department.
(e) if the hearing relates to an eviclion or termination, in addition to the
requirements of subdivision (d), the procedure must include a require-
ment that the housing sponsor must first make a showing of "good cause"
for eviclion and must thereafter sustain the burden of proof as lo that is-
sue.
(f) Neither utilization of nor participation in any of the dispute resolu-
tion procedures in this section shall constitutea waiver of, or affect in any
manner whatsoever, any rights of the tenant, prospective tenant, or spon-
sor may have to a trial de novo or judicial review in any judicial proceed-
ings which may thereafter be brought in the matter.
NOTE; Authoritv cited: Section 50737. Health and Safety Code. Retercnce: .Sec-
tions 50746. 50749, 50756 and 50767. Health and Safety Code.
§ 7864. Rent Increase Procedures.
(a) Base rents shall be adjusted within 60 days following adjusttncnt
of cost of living increases pursuant to Section 1 1453 o\' the Welfare and
Institutions Code and publication of new area median incoines by the De-
partinent, and utility cost adjustments shall be made pursuant to Section
7806. A 30-day notice of utility allowance or base rent change shall be
given to the tenant prior to the effective dale of such an increase or de-
crease.
(b) Following completion of recerlification of tenant income, a 30-day
notice lo the tenant of rent increa:se or decrease must be given prior tt) the
effective date of such an adjustment.
(c) Prior lo any change in the rent, the sponsor shall notify each tenant,
in writing, of informal meetings with the sponsor to di.scuss the rent rate
changes.
NOTE: Authority cited: Section 50737. Health and Saletv Code. Reference: Sec-
tions 50749, 50759 and 50767. Health and Safety Code.'
§ 7866. Return on Investment,
(a) A sponsor which is not a nonprofit corporation or a governmental
agency shall be entitled lo distribute earnings in an annual amount not to
exceed six percent (6%) of the sponsor's actual investment in a rental
housing development.
(b) Noiwiihsianding subdivision (a), the Committee may authorize
such sponsor to distribute earnings of an amount greater than six percent
(6%) but not lo exceed ten percent ( lOCr) on a family rental housing de-
velopment if it determines:
( I ) that without ihe allowance of such greater rate of return the Depart-
ment would not be able to comply with the requirements of SecUon
50736 of the Code, and
Page 405
(4-1-90)
§ 7868
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) that such greater rate of return is reasonable taking into account all
the circumstances of the rental housing development.
(c) At a time to be determined by the Department, the responsible
agency shall certil'y to the Department as to the amount of the sponsor's
investment on which the allowable return will be calculated. Such
amount shall include the sponsor's actual investment in the rental hous-
ing development, other than any unaccrued liabilities of the sponsor.
(d) The funds for return on investment may be distributed to owners
only at the end of each fiscal year as determined in the regulatory agree-
ment and after all project expenses have been paid, or funds set aside for
their payment; all reserve requirements have been met; and excess annu-
ity payments and rents have been recaptured. Any shortfall in return on
investment may be made up from surplus project funds in future years.
(e) The provisions of this section do not apply to sponsor's return on
investment under the rights of occupancy component.
NOTK; Auihority ciled: Section .50737. Health and Safely Code. Reference: Sec-
tion 50746. Health and Safely Code.
History
1. Amendment of subsection (a) and new subsection (e) filed 11-1,^-80 as an
emergency; effeetive upon filing (Register HO. No. 46). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on .3-13- 81,
2. Ceilifieate of Compliance transmitted to OAL .3-13-81 and filed 4-14-81
(Register 81. No. 16).
§ 7868. Maintenance and Management.
(a) With respect to all units in the rental housing development, the
sponsor is responsible for all management functions (including selection
of tenants, recertification of family incomes, evictions and other termina-
tions of tenants, and collection of rent) and all repair and maintenance of
capital items.
(b) The standard of care under this section shall require that the units
and common areas be maintained as required by local health and building
or housing codes, that this subchapter be fully complied with, that the se-
curity of the State's interest not be endangered, and that the objectives of
the Program be met.
(c) With the approval of the responsible agency and the Department,
the sponsor may contract with a private or public entity for the perform-
ance of the services or duties required in subdivision (a). However, such
an arrangement does not relieve the sponsor of responsibility for proper
performance of these duties.
(d) The sponsor shall develop a management plan to be approved by
the responsible agency and the Department. The plan shall include the
following:
( 1 ) The role and responsibility of the sponsor and its delegations of au-
thority to the managing agent.
(2) Personnel policy and staffing arrangements.
(?) Plans and procedures for publicizing and achieving early occupan-
cy.
(4) Procedures for determining tenant eligibility and for certifying and
recertifying incomes.
(5) Plans for carrying out an effective maintenance and repair pro-
grant.
(6) Rent collection policies and procedures.
(7) Program for maintaining adequate accounting records and handl-
ing necessary forms and vouchers.
(8) Plans for tenant-management relations.
(9) Social service programs, if any.
( 10) Management agreement.
Note. Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tions 50737, 50758, Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effeetive upon filing (Register
80, No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 (Register 81, No. 16).
§ 7870. Transfer, Foreclosure, Breach, or Termination of
Assistance.
(a) If the sponsor intends to sell or convey the rental housing develop-
ment, express, prior written approval of both the local finance entity and
the Department is required and may be given provided that the following
terms shall be incorporated:
( 1 ) The successor in interest to the grantor agrees to assume the obliga-
tion of the grantor relating to the Program.
(2) The successor in interest is an eligible sponsor and deinonstrates
that it can successfully own and operate the rental housing development.
(b) If the payiTient of development assistance is accoinplished by way
of loan, a deed of trust securing said loan shall provide, among other
things, thai the responsible agency, upon default in payment or condi-
tions of the loan by the sponsor under the terms of the deed of trust and
in the responsible agency's discretion, either inay declare all sums se-
cured thereby immediately due and payable by executing and recording
or causing to be executed and recorded a notice of default and election
of sale or by commencing an appropriate foreclosure action. In addition,
upon the occurrence of a default, the responsible agency may, in person,
by agent or by receiver appointed by a court enter upon and take posses-
sion of the rental housing development, collect all rents, and perform any
acts necessary to maintain or operate it, in such a manner as to not cause
the default of a superior creditor or the cessation of any other subsidies.
(c) If the payiTient of development assistance is accotnplished by way
of grant, the responsible agency, at its discretion, may demand repayment
of the grant less an ainount equivalent to the value ol' prior use of the
preinises or seek enforcement by proceeding at law and/or in equity, at
the option of the responsible agency, against any person or persons or en-
tity violating or attempting to violate any covenant or condition of the
regulatory agreement.
(d) Prior to taking any action under subdivisions (b) or (c), the respon-
sible agency shall:
( 1 ) provide the sponsor with 30 days notice of the breach or default,
and seek and encourage correction or compliance.
(2) provide the Department 14 days written notice of the breach and
then the intention to foreclose, default, or litigate, and
(3) obtain Department approval for the action intended, which approv-
al shall not be unreasonably withheld.
(e) In the event of foreclosure or forced sale, the purchaser shall take
title subject to these conditions and limitations.
NOTE: Authoiity cited: Section 50737, Health and Safety Code. Reference: Sec-
tions 50746. 50755 and 50765, Health and Safely Code.
History
1 . Amendment of subsection (e) filed 1 1-1 3-80 as an emergency; effeetive upon
filing (Register 80, No. 46). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on .3-1.3-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
Article 6. CHFA Developments
§ 7871 . Committee Advice and Actions.
(a) Excepting subdivision (b) and Section 7878(d), projects processed
under the authority of this article shall not be subject to the provisions of
Subchapter I of Chapter 6.5, commencing with Section 6900. However,
the Committee shall be constituted as set forth in Section 6902(c) and
may provide advice to the Director with respect to the compliance of the
application with program objectives and requirements. The Committee's
advice may include a recommendation to approve, approve with condi-
tions, or reject the application.
(b) In addition to the power of review and recommendation set forth
in Section 7878(d), the Committee may recommend denial of any action
or decision by the Director within 45 days of that decision or at the next
Comtnitiee meeting at which time the matter can be properiy included in
the agenda, whichever comes first. Such actions or decisions which are
properly within the scope of review shall include, but not be limited to:
( 1 ) the preparation or dissemination of the allocation plan.
Page 406
(4-1-90)
Title 25
Department of Housing and Community Development Programs
5^7878
(2) the esUiblishnieiil of the rclurn on invcslmenl of any sponsor,
(3) the terms olconiiniiment or disbursement of funds to the Agency,
(4) the approval of and amendmenis to the Interagency Agreement or
other agreements with the Agency allecting the operation of the Pro-
gram.
No I L: Aiilhorily cited: Seciion ^OlM. Health aiul Safety Code. Relcreiice: Sec-
lion ,^07.^7. Health and Salety Code.
His I OK Y
1 . Aiiiendmeiit ol suhsectit)n (h) tiled I I- 1 .'*-80 as an emergency: etTecti\ c upon
filing (Rcgisier SO. No. 46). A Ccnificaie of Compliance musi be iransmilled
\i) ()AL within 120 days or emergency language will be repealed on .^i-l3-X!.
2. Ccnilicatc ol Compliance transniiUe-d io\)AL .^13-81 and Hied 4-i4-SI
(KegislerSl. No. 16).
§ 7872. Site Selection.
Proposed development sites must be certified by the Agency as meet-
ing the following criteria:
(a) The site and neighborhood must be suitable for the type of housing
proposed.
(b) The sil^e must be free from severe adverse environmental or social
conditions, or such conditions must be mitigated when the housing is
completed.
(c) The housing must be accessible to employment and to appropriate
social, recreational, educational, commercial and health services that are
typically found in market-rate residential neighborhoods.
(d) The project must not be built on a site that has occupied residenlial
structures or has had such structures within the six months prior to appli-
cation to the applicant.
(e) The project may not be built in an area identified as having special
flood hazards unless the project is covered by Hood insurance.
No tl-: Aulhorilv cited: Section 507.^7. Health and Safety Code. Reference: Sec-
tions 507.37. .50737. .S. Health and Safety Code.
§ 7874. Development Standards and Costs.
(a) All rental housing developments shall conform to all State and lo-
cal building codes, zoning ordinances, and general plan requirements.
(b) A project must not separate, segregate or otherwise physically dis-
tinguish assisted units from non-assisted units.
(c) Amenities in the development generally must be limited to those
which are generally provided in unassisted housing of modest design in
the area. All amenities will be subject to strict scrutiny. The use of en-
ergy-efficient construction techniques or materials, or more durable,
high quality materials, to control or reduce maintenance, repair, or re-
placement costs will not be considered an excess amenity.
(d) The standards of this section shall be utilized by the Agency in ap-
plying priorities pursuant to Section 7876.
NO'I'E: Authority cited: Section .50737. Health and Safety Code. Reference: Sec-
tion 50737, Health and Safety Code.
§ 7876. Interagency Operating Agreement.
The Department and the Agency shall enter into an Interagency Oper-
ating Agreement which shall specify their respective obligations. The In-
teragency Operating Agreement shall include, but not be limited to, the
following items:
(a) The Department shall establish an allocation plan which shall pro-
vide the Department with a mechanism for balancing the Program's re-
quirements while providing Hexibility to the Agency to seek to balance
its overall production in order to meet its statutory requirements. The
plan, prepared at regular intervals by the Department, shall establish allo-
cations for the number, type, geographic distribution and other relevant
criteria of assisted units to be submitted to the Department for approval
within a specified period.
(b) In accordance with the allocation plan, the Agency shall, on a pro-
jeci-by-projeci basis, select projects after considering the program prio-
rities and their consistency with other Program requirements and objec-
tives.
(c) The Department and Agency shall specify the means by which the
Department may enforce the breach of any Agreement between the
Agency and a Sponsor.
(d) The Agency and Department shall agree to a method t)f rcsobing
any differences of opinion as to the requirements, objectives, or intent o\'
the Program.
(e) The Department shall agree to set aside forty percent (4()'/r ) of the
rnoneys in the fund as of July I, 1980, to assist rental housing develop-
ments financed by or through the Agency. Such funds shall be appro\ed
for expenditure by application approval within two (2) years after pro-
mulgation of the initial allocation plan; funds remaining at that time shall
become available to local finance entities, housing authorities, or the
Agency on an equal basis.
(f) Prior to any disbursement of funds to the Agency, the Agenc\ and
Department shall enter into a state contract for each developn)ent in ac-
cordance with Section 7882. The slate contract shall be recorded or refer-
enced in the office of the county recorder as set forth in Section 7882 (c).
(g) At the time of Department approval of an application, the Depart-
ment shall transferto the Agency a sum equivalent to 1 2(.Y/( of the amount
of assistance approved for a specific development, or such lesser amount
as requested by the Agency. Within one year thereafter unless an exten-
sion is granted by the Department, the agency shall fund the loan for the
development; if the loan is not funded within the approved term, the sum
and all interest collected thereon shall be transferred to the Department.
(h) Upon receipt of the funds irom the Department, the Agency shall
establish an appropriate project account and. pending disbursements by
the Agency, shall invest the funds in an interest-bearing account or secu-
rity. Funds from the account shall not be disbursed for the developmcnl
except as permitted by this subchapter, the Interagency Agreement, and
the state contract.
(i) The Agency may apply to the Department for funds not to exceed
an amount proportionate to its set-aside from the feasibility acc».)unt and
the management reserve account pursuant to the procedure set forth in
Section 7878 except that the application shall contain only that informa-
tion reasonably required by the Department and relevant to the specific
application.
(j) The Agency and Department shall agree that any excess funds re-
turned to or retained by the Agency shall be promptly returned to the De-
partment for deposit in the Agency set-aside.
NOTE: Authority cited: Section 50737. Health and Safely Code. Reference: .Sec-
tions 50739, 50740, Health and Safely Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effective upon filing (Register
80, No. 46). A Ceilificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
§ 7878. Application Procedure.
(a) Subject to the Program and the allocation plan, after the Agency has
approved a site for a proposed project, it may apply to the Department
requesting authority to set-aside moneys to assist the project.
(b) The application shall consist of;
( 1 ) a description of the proposed project including the number and size
of assisted units.
(2) a description of the amount and forin of assistance requested and
an assurance that the assisted units will be made affordable.
(3) a certification that the sponsor is capable of meeting all other re-
sponsibilities necessary to develop, construct. iTiarket, and manage the
project in a manner consistent with the goals and requirements of the Pro-
gram,
(4) a descriprion of special construction techniques and energy effi-
ciency characteristics, if any,
(5) certifications that the proposed project will be consistent with local
planning requirements,
(6) certificarion that the project will be economically feasible.
(7) a certification that the project complies with the appropriate alloca-
tion plan, and
(8) an explanation of the extent to which the proposed project qualifies
under the priorities of the Program.
Page 407
(4-1-90)
§ 7880
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) Upon submission of the application to the Department, the Depart-
ment shaU review the appHcation and accept as correct any statement in
the application unless the Department has suhstantiai reason to question
the completeness of the application or the correctness or completeness
of any element in the application. When the Department so questions, il
shall promptly notify the Agency, and the Agency may provide addition-
al documentation to the application or in support olany element thereof.
When the Agency provides such documentation, the Department will act
in accordance with the Agency's judgment or evaluation and may not
deny the application unless the Department determines that the applica-
tion or any element thereof is not complete or is clearly not supported by
the facts. If the Agency does not provide additional documentation, the
Department shall take its action based upon the information and certifica-
tions already provided. In addition to the review set forth in this subdivi-
sion, the Department shall determine whether the proposed development
complies with the local housing element or extension thereof: such a de-
termination shall be required for approval.
(d) The agency shall submit each application according to a schedule
established by (he Department. Within 35 days after each such submis-
sion, the Director shall notify the Agency and Committee in writing that
the application is:
( 1 ) approved.
(2) approved only if specified deficiencies are corrected and the De-
partment receives amendments to the application necessary to correct the
deficiencies within a specified lime, or
(3) not approved with a statement of the reasons for disapproval. The
Director's decision shall be valid unless within 45 days or at the next
Committee meeting at which the matter can be properly included in the
agenda whichever occurs first, the Committee reviews and recommends
denial of any decision on an application by the Director, excluding ap-
peals. Such a recommendation shall be deemed to be a denial of the appli-
cation.
(e) If the Agency is dissatisfied with the denial of its apphcation. the
reduction of the amount applied for. actions pursuant to Section 787 1 . or
any conditions attached to the approval of its application, it may. within
thirty days of the date of the decision, appeal in writing to the Director
of the Department, stating and fully supporting the grounds of its appeal.
(f) If the Agency appeals to the Director pursuant to subdivision (e) the
Director shall:
( 1 ) within twenty (20) days of the date of documented receipt of the
appeal hold an open hearing at which the Agency, sponsor, program staff
and any interested person may make oral or written submission as to the
action the department should take with respect to the application, and
(2) within thirty (30) days of the date of documented receipt of the ap-
peal notify in writing the Agency of the Director's determination of the
appeal. The Director's determination of the appeal shall be final.
NOTE: Authority cited: Section 50737, Health and Safety Code. Reference: Sec-
tions .S0737, 50745. Health and Safety Code.
History
1 . Amendment of subsection (d) filed 1 1 -1 3-80 as an emergency; effective upon
filing (Register 80. No. 46). A Ceilificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
§ 7880. Financing.
(a) Projects assisted pursuant to the Interagency Operating Agreement
shall utilize below market interest rale financing consistent with the ob-
jectives of the Program and acceptable to the Department. Such financing
shall be on terms and conditions set forth or approved by the Agency and
may be for construction loans and/or permanent mortgage loans.
(b) With respect to each project assisted pursuant to this Article, the
Agency shall employ such methods, techniques, investigations, tests,
analyses, studies and evaluafions which in the Agency's judgment, are
necessary to assure that the projects proposed for assistance meet the ob-
jectives and requirements of the Program, and are substantially consis-
tent with the approved applicafion.
(c) The Agency shall establish such accounts as il deems necessary to
comply with the requirements of the Program.
NOIT:: Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tion 50737, Health and Salely Code.
History
1 , An\endmciii of subsection (a) filed 1 1-1 3-80 as an emergency: effeclive upon
filing (Register 80, No. 46). A Certificate of Compliance must be transmitted
10 OAL within 1 20 days or emergency language will be repealed on 3- 1 .^-8 1 .
2. Ceiiificalc of Compliance transmitted lo OAL 3-13-81 and filed 4-14-81
(Reeister81. No. 16).
§ 7882. Contracts and Agreements.
All developments financed by the Agency shall be governed by con-
tracts and agreements, including but not limited lo:
(a) a Slate contract which shall contain, at a minimum, provisions
which:
( 1 ) describe how the assistance under the Program will be used to en-
sure that each assisted unit will remain available to or occupied by eligi-
ble households for a period of not less than thirty (30) years or the term
of the below market interest financing, if any, whichever is greater,
(2) specify the amount, manner, terms, and timing of payments by the
Department and the Agency under this contract and the Agency and
sponsor under the regulatory agreement or assistance payments contract,
as appropriate, so as to ensure the economic feasibility of the rental hous-
ing development and lo protect the interests of the Slate,
(3) specify all terms and conditions of the application approval,
(4) specify the requirements for reporting in accordance with Section
7884,
(5) provide that the terms of such agreements, as they affect the as-
sisted units shall be binding upon the successors in interest to the parties
thereto,
(6) establish that the terms of repayment of excess funds and rental
payments by the .Agency to the Department, and
(7) establish the grounds upon which the Agency may reduce the num-
ber of assisted units in a rental housing development only if the assistance
provided by the Department or Agency cannot provide adequate assis-
tance to maintain the development's fiscal integrity. Any such reduction
shall be reviewed no less often than annually as to its conUnued necessity.
(b) a Management Agreement,
(c) an Assistance Payments Contract which shall set forth terms, con-
ditions, and requirements governing the payment, receipt and use of as-
sistance payment moneys,
(d) aRegulatory Agreement which shall contain, at a ininimum, provi-
sions which:
(1) restrict availability and occupancy of assisted units to eligible
households, at affordable rents,
(2) specify the number of units and assisted units in the rental housing
development and the projected rents for those units, and the manner and
conditions under which the ratio of assisted to non-assisted units may be
changed,
(3) .specify procedures for setting rents and calculaUng utility allow-
ances consistent with this subchapter,
(4) require payment of prevailing wage rates and hiring of apprentices
with respect to construcfion of the project,
(5) provide for return on investment pursuant to Secfion 7890,
(6) keep the regulatory agreement in effect so long as Agency financ-
ing for the housing development remains outstanding, or thirty (30)
years, whichever is greater, and to adequately secure such an agreement,
(7) require that the sponsor agree lo abide by the directive of the
Agency regarding assistance payments where the project, in the
Agency's judgment, can operate consistent with the Program with less
or no assistance,
(8) require regular reports as required by the Agency.
(9) specify tenant selection and occupancy standards in accordance
with the Program,
(10) specify the terms of occupancy agreements.
Page 408
(4-1-90)
Title 25
Department of Housing and Community Development Programs
S 7890
(11) require thai eopies of appropriate doeiinients be available in the
langLiage(s) eoinnioiily used by residents of the area, and
(12) ineorporate additional reasonable requirements of the Depart-
ment or the Ageney.
(e) The Department, after Committee approval, may require sueh ad-
ditional eontraets and agreements between the f3epartment and Ageney
or the Agency and sponsors as it deems necessary to meet the purposes
of the Program or the requirements of the Code.
(f) All agreements and contracts, other than the Interagency Operating
Agreement, or one document referencing ail other documents, shall be
recorded in the office of the county recorder in the county in which the
rental housing development to which they relate is located. When so re-
corded, they shall constitute a lien on the rental housing development in
accordance with this subchapter for the performance of conditions, in-
cluding the payment t)f any money, as specified herein. Recorded agice-
menls shall be indexed in the grantor index to the name of the sponsor and
in the grantee index to the State of California.
(g) Any amendment to any agreement or contract which has a material
effect on the interests of the Department, must be approved in advance,
by the Department. Any amendment to any document approved by the
Department pursuant to this subchapter shall be reported at the time re-
ports pursuant to Section 7884 are made.
(h) Prior lo their use. any agreement, contract, or other document
which effects the interest of the Department, must be approved in form
and substance, by the Department. This requirement does not apply to ap-
proval of each individual document before execution or use, but only to
general review, unless substantive changes or additions are made lot he
contract at orbeforethe time ot execution. Copies of ail loan closing doc-
uments shall be provided to the Department.
Noih. Authority cited; Section .s0737. Health and Safety Code. Reference; Sec-
tions .^07.^9, 30745. .50746. 50749. Health and Safety Code.
History
1. Amendiiieni ofsubseclion (f) filed 1 1-13-80 as an emergency; effective upon
filing (Register SO. No. 46). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-13-8! .
2. Certificate of Compliance transmitted to OAL .^-13-81 and filed 4-14-8!
(I^euister8i.No. !6).
§ 7884. Reporting.
(a) The regulatory agreement between the sponsor and the Ageney
shall contain a requirement that the sponsor report to the Agency at least
annually.
(b) The Interagency Operating Agreement shall contain a requirement
that the Agency report annually to the Department in a form approved by
the Department. Each report shall deal separately with each rental hous-
ing development for which the Agency is responsible and shall be sub-
mitted to the Department no later than October 3 1 in each year. The report
shall contain such information as the Department may reasonably re-
quire, including but not limited to:
(1) the fiscal condition of the rental housing development, including
an audited financial statement indicating surpluses or deficits in operat-
ing accounts and the amounts of any fiscal reserves.
(2) the substantial defects in physical condition of the rental housing
development including a description of any tnajor repair or maintenance
work undertaken in the reporting year,
(3) the occupancy of the rental housing development indicating:
(A) the number and sizes of assisted units available lo or occupied by
eligible households,
(B) the distribution of incornes of eligible households,
(C) the ethnic groups to which the eligible households belong, and
(D) the number of eligible very low income and other lower income
households on waiting lists for the assisted units.
(4) general management performance including tenant relations and
other relevant information.
Norr-: Authority cited; Section 50737, Health and Safety Code. Reference: Sec-
tions 50743. 50746. Health and Safety Code.
HiSlOKY
! . Amendnient of subsection (b) filed 1 1- 1 3-80 as an emergency; cllecti\c upon
filing (register 80. No. 46). A Certificate ofCompliancc must he transiiiitlcd to
OAL within ! 20 days or enicigency language will be repealed on 3- 1 3-8 1
2. Certilicate ofCompliancc iransniitted to OAL 3-13-81 and filed 4-14 8!
(Register 81. No. 16).
§ 7886. Tenant Selection and Occupancy Standards and
Procedures.
With respect lo the assisted units, except as otherwise required by the
Program, the sponsor shall develop tenant .selection and occupancy stan-
dards and procedures which comply with the requirements of Article .5
(commencing with Section I 1401 )ol'Chapter2of Part II of Title 2.S. Cal-
ifornia Administrative Code.
NO'lt^: Authority cited: Section 50737. Health and Salely Code. Kclereiicc: Sec-
tions 50746. 50749. Health and Sa!cty Code.
His I OK V
1. Amendment Ided 1 1-13-80 as an emergency; eflectivc upon filing (Register
80. No. 46). A Cenificate ofCompliancc must be transmitted to OAL within 120
days or emergency language will he repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
§ 7888. Rent Adjustment Procedures.
(a) With respect to the assisted units, tenant's incomes shall be recerti-
fied once each year for households in family projects and at least once
every two years for households in elderly projects.
(b) If, upon recertitR-ation, there have been changes in the household
income, the household's rent shall be re-established in accordance with
Section 7806, or established at market rent, whichever is indicated.
(c) Base rents may be adjusted at any time following adjustment of cost
of living increases pursuant to Section 1 14.^13 of the Welfare and institu-
tions Code and publication of new area median incomes by the Depart-
ment, and utility cost adjustments shall be made pursuant lo Section
7806. A 30-day notice of utility allowance or base rent change shall be
given to the tenant prior lo the effective date oi' such an increase or de-
crease.
(d) Following completion of reeertification of tenant income, a 3()-day
notice to the tenant of rent increase or decrease must be given prior to the
effective date of such an adjustment.
(e) Prior to any change in rent, the sponsor shall notify each tenant, in
writing, of informal meetings with the sponsor to discuss the rent
changes.
(f) Where rents in assisted units are established and charged pursuant
to Section 7806(g), then rents shall be adjusted in accordance with the
mles and regulations governing the Federal Section 8 program.
NOTE: Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tion 50749, Health and Safety Code.
HkSrORY
1. Amendment of subsection (ai filed 1 1-13-80 as an emergency; elTeciive upon
fifing (Register 80, No. 46). A Cenificate ofCompliancc must be transmitted
to OAL within 1 20 days or emergency language will be repealed on 3- 1 3-8 1 .
2. Certificate ofCompliancc transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
3. New subsection (f) filed 10-25-82; effective upon filinu pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 82, No. 44).
§ 7890. Return on Investment.
(a) A sponsor which is not a nonprofit corporation or a governmental
agency shall be entitled to distribute earnings in an annual amount not to
exceed six percent (6%) of the sponsor's actual investment in a rental
housing development, excluding unaccrued liabilities of the sponsor.
(b) Notwithstanding subdivision (a), the Committee may authorize the
distribution of earnings of an amount greater than six percent ib'/i ) but
not to exceed ten percent (\0%) on a family rental housing development
if, at the request of the Agency, it determines:
( 1 ) that without the allowance of such greater rate of return the agency
would not be able to comply with the requirements of this subchapter, and
(2) that such greater rate of return is reasonable taking into account o\'
the circumstances of the rental housing development.
(c) By a time to be determined by the Agency, the Agency shall report
to the Department as to the ainounl of the sponsor's investment on which
Page 409
(4-1-90)
§ 7892
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
the Lillowahle return will calculated. Such amount shall include the spon-
soi's actual investment in the rental housing development, other than any
unaccrued liabilities of the sponsor.
Nort: Authority cited: Section 50737. Health and Sal'eiy Code. Retercnce: Sec-
lion .S0746. Health and Safely Code.
History
1 . Ainendiiienl of subsection (a) tiled 1 1-13-80; effective upon filing (Regisier
80. No. 46). A Ceililicate ot Compliance nuisi be transmitted to OAL u ithin 1 20
days or emergency language will be repealed on 3-1.3-81.
2. Cenificate of Compliance transmilied lo OAL .3-13-81 and filed 4-14-81
(Registers]. No. 16).
§ 7892. Transfer, Foreclosure, Breach, or Termination of
Assistance.
(a) If the sponsor intends to sell or convey the rental housing develop-
ment, express, prior written approval oilhe Agency is required and may
be given provided that the following terms shall be incorporated:
( 1 ) The successor in interest lo the grantor agrees to assume the obliga-
tions of the grantor relating to the Program specified in the regulatory
agreement.
(2) The successor in interest is an eligible sponsor and demonstrates
that it can successfully own and operate the rental housing development.
(h) The Agency, at its discretion, may demand repayment of the grant
or a lesser amount equivalent to the value of prior use of the premises or
seek enforcement by proceedings at law and/or in equity, at the option o\'
the Agency, against any person or persons or entity violating or attempt-
ing to violate any covenant or condition of the regulatory agreement.
(c) Prior to taking any action under subdivision (b) or (c), the Agency
shall:
( 1 ) provide the sponsor with 30 days written notice of the breach or de-
fault, and seek and encourage correction or compliance,
(2) provide the Department 24 hours notice of the breach and the inten-
tion to foreclose, default, or litigate, and
(.3) consult with the Department regarding action intended.
NOTH: Authority cited: Section 50737. Health and Safety Code. Reference: Sec-
tion 50746, Health and Safety Code.
Subchapter 11. Homeownership
Assistance Program
Article 1. General
§ 7900. Scope and Authority.
(a) These regulations implement and interpret the Homeownership
Assistance Program, Sections 50775 through 50779, inclusive, of the
Health and Safety Code. They establish procedures for the allocation of
financial assistance to eligible households to enable them to acquire own-
ership of housing which they would otherwise be unable to purchase.
They also delegate authority from the Director of the Department of
Housing and Community Development to a committee established pur-
suant to Title 25, California Administrative Code, Section 6902 (d) for
the review and recommendation of financial assistance under the Pro-
gram.
(b) The program is divided into four main components which delineate
the different situations in which purchases will be assisted for eligible
households. The four main components consist of:
(1) assistance to eligible households lo purchase rental housing (in-
cluding spaces in mobilehome parks) being converted to condominium
or cooperative ownership;
(2) assistance to eligible households to purchase mobilehomes on per-
manent foundations and not located within mobilehome parks;
(3) assistance to nonprofit and stock cooperative corporations to pur-
chase or develop mobilehome parks; and
(4) assistance lo eligible households to purchase shares in a coopera-
tive corporation which owns a mobilehome park.
NoTt.: Auihoritv cited: Sections 50406. 50775, 50776. 50777. and 50778. Health
and Safety Code. Reference: .Sections 50775. 50776. 50777. and 50778. Health
and Safety Code.
Hl-STORY
1. New Subchapter 1 1. Anieles 1-4 (Sections 7900-7938. not consecutive) filed
7-1 1- 80: effective thirtieth day thereafter (Register 80. No. 28).
2. Aniendmeni oi subsection (a) Hied 1 1-13-80 as an emergency; effective upon
filing (Register 80. No. 46). A Cenificate of Compliance must be transmiitet!
to OAL within 120 days or emergency language will be repealed on .1-13-81 .
3. Cenificate of Compliance includine amendment transmitted to OAL 3-13-81
and filed 4-14-81 (Reei.ster 81. No. 16).
§ 7902. Definitions.
The following definitions shall govern the Program:
"Assisted property" means property which has been purchased with
assistance under the Progratn.
"Code" means the California Health and Safety Code.
"Corntriitlee" means the Committee established pursuant to Title 25,
California Administrative Code. Section 6902(d).
"Converted" means, with respect to a rental unit or housing develop-
ment, a change in tenure frorn rental to condominium or cooperative
ownership where a final public report has been issued by the California
Department of Real Estate relating to such change in ownership.
"Cooperative corporation" means an entity established as as a stock
cooperative corporation as defined by Section 1 1003.2 of the Business
and Professions Code.
"Debt service" means the total monthly payments of principal and in-
terest on a mortgage loan for the assisted property, any loan insurance
fees associated with the loan, property taxes and assessments, and fire
and casualty insurance. Where debt service is in connection with pur-
chase of a space or a right of occupancy of a space in a mobilehome pait,
such debt service shall include any debt service which exists with regard
to a mobilehome located on such space.
"Departtnent" means the California Department of Housing and Com-
munity Development.
"Development cost" means the aggregate of all costs incurred in con-
nection with construction of a mobilehome park including, but not lim-
ited to, the cost of:
( 1 ) land acquisition, whether by purchase or lease;
(2) overhead, including engineering, architectural, legal and account-
ing fees;
(3) construction of the mobilehome spaces and related structures;
(4) off-site improvements, including utilities, sewers and streets;
(5) construction of necessary support and community facilities;
(6) necessary on-site improvements;
(7) acquisition and installation of rnobilehomes, including accessory
buildings and structures as defined in Section 19213 of the Code; and
(8) moving expenses of households displaced as a result of the devel-
opment of the mobilehome park.
Development costs do not include the cost of permanent fmancitig of
a mobilehome park or mobilehome space.
"Down payment" means an initial payment made by a purchases
which contributes lo the purchase of assisted property.
"Eligible Household" means a person or family:
(1 ) whose income does not exceed the median income of the county
in which the property eligible to to purchased under this Program is lo-
cated. Such income shall be calculated in accordance with adjustments
for family size established or published by the Department;
(2) who does not at the time assistance is provided to it under the Pro-
gram, or has not in the three (3) years immediately preceding the provi-
sion of such assistance, owned any residential real property, other than
a mobilehome not affixed to permanent foundation;
(3) who has not previously received any direct assistance under this
Program; and
(4) who would be unable lo purchase eligible property without assis-
tance under the Program as determined by Section 7908.
Page 410
(4-1-90)
Title 25
Department of Housing and Community Development Programs
S 7902
The prcnision o1' assistance pursiianl to Section 7904(a) (3) shall not
be ct)nsirLied to render a hoLisehold inehgihie lor assistance pursuant to
Section 79()4(a) (4) oi' these regulations.
"Financial assistance" means monies IVom the Fund.
"Fund"" means the Homeownership Assistance Fund.
"Governmental agency" means a city, county, or city and county with-
in the Slate and any department, division, or public agency ot the Stale
including a housing authority, redevelopment agency, or community de-
velopment commission: or two or more of such enlilies acting jointly: or
the duly constitulcd government body oT an Indian reservation or ran-
cheria.
"Gross income"" means all income as defined by Title 25, California
Administrative Code, Section 69 14 excluding the definition of "net fami-
ly assets"" in subdivision (b) of Section 6914 which for the purpose of the
Program shall be defined as provided in Section 7908 (b) of these regula-
tions.
"Improvements"" means substantial repairs, renovations or additions
undertaken with respect to property purchased with assistance under the
Program, which increase the value of such properly or bring such proper-
ty into conformance with local or state building or housing standards.
( 1 ) "improvements"" includes:
(A) replacement of built-in appliances, fixtures and equipment which
were originally sold as part of the unit, and will remain a part of the unit,
or replacement of structural components of the unit, including a roof,
plumbing and electrical systems, provided that replacement is required
by the nonoperative, deteriorated, or obsolescent nature of the original
appliance, fixture equipment or structural component:
(B) replacement to the common area of a condominium cooperative
or mobile home park resulting in a mandatory assessment by a homeown-
ers association or cooperative corporation and:
(C) permanent additions to the unit including, but not limited to,
rooms, carports, cabanas, awnings, decks, air conditioning.
(2) "Improvements"" does not include:
(A) Routine or cosmetic maintenance such as painting and replace-
ment of carpel, broken windows and screens which is necessary due to
normal wear and tear; and
(B) replacement or repair of items damaged or destroyed because of
a fire or natural disaster, unless such activity is necessary to bring such
property into conformance with local or state building or housing stan-
dards.
"Interim financing"" means a short-term mortgage loan which is repaid
when permanent financing is secured. "Interim financing" includes a
land acquisition loan and a construction loan to finance the constmction
of land improvements.
"Mobilehome"" means a stmcture as defined by Section 182) I ot the
Code.
"Mobilehome park"" means a mobilehome site as defined by Section
18214 of the Code and, for the purposes of this program, shall include
sites where spaces are individually owned by occupants of the park or
owned by a stock cooperative corporation.
"Monthly housing cost"" means the total of monthly payments of prin-
cipal and interest on a mortgage loan or loans, any loan insurance fees
associated with the loan(s), property taxes and assessments, fire and ca-
sualty insurance, property maintenance and repairs, utilities (not includ-
ing telephone service), homeowner association fees and assessments and
space rent, if any.
Where "monthly housing costs"" are in conneclion with the purchase
of a space or a right of occupancy of space in a mobilehome park,
"monthly housing costs"" shall include any housing costs which exist with
regard to a mobilehome located on such space.
"Mortgage lender"" means a bank or tmsi company, mortgage banker,
federal or state chartered savings and loan association, governmental
agency, credit union or other financial institution certified in accordance
with Section 79 JO.
"Nonprofit corporation" means a nonprofit corporation incorpoiated
pursuant to Part I (commencing with Section 5()()()) of Division 2 of Title
1 of the Corporations Code and includes a cooperative corporation.
"Permanent foundation" means a mobilehome foundation sxslern as
defined or approved by the Department pursuant to Section 1 8.5.S I of the
Code and Section 1333, Chapter 2, Title 25, California Administrative
Code.
"Program"' means the Homeownership Assistance Program.
"Property"" includes any real or personal properly, the purchase o['
which is eligible for assistance under the Program. "Properly"" includes
a converted rental unit, mobilehome or mobilehome park space, and a
share in a cooperative corporation including a dwelling unit which is the
subject of such share.
"Purchase price"" means the price paid by an eligible purchaser to a
seller of property to be purchased with assistance under the Program and
shall equal the amount on which the transfer lax is paid in conneclion with
the purchase of the property.
"Purchaser"" means an eligible household or a nonprofit corporation
which is purchasing or has purchased property with assistance under ihe
Program.
"Recipient" means a household or nonprofit corporation which has re-
ceived financial assistance under the Program.
"Rental unit"" means a dwelling unit in rental housing or a space, or a
mobilehome in mobilehome park where the occupant rents the space, the
mobilehome or both.
"Rural area"" means any open country or any place, town. \ illage. t)r
city which by itself and taken together with any other places, towns, vil-
lages or cities that it is part of or associated with:
(1) has a population not exceeding 10,000 or
(2) has a population not exceeding 20,000 and is contained within a
nonmetropolitan area.
"Rural Area" also includes any open country, place, town, village, or
city located within a Standard Metropolitan Statistical Area if the popula-
tion thereof does not exceed 20,()00 and the area is not part of, or asso-
ciated with, an urban area and is rural in character.
"Sales price"" means the amount for which assisted property is sold by
a recipient under the Program. The sales price shall equal the price in
which the transfer lax is paid except if the buyer assumes existing loans
or buys the assisted property subject to existing loans in which case the
sales price should equal the principal amount owing on such existing
loans plus the price on which the transfer lax is paid.
"Sales proceeds'" means the amount of funds received by a recipient
under the Program from the sale of assisted property by such recipient as
reflected by the sales price minus closing costs, real estate commissions
and any other costs incurred by the recipient in selling the assisted prop-
erty.
"Share" means a proportional interest in a cooperative corporation en-
titling the holder to reside in a converted rental unit or mobilehome park
owned or leased by the cooperative corporation.
"Site control" includes actual ownership ola site, the right to purchase
a site under a contract to purchase or option agreement, or such other con-
trol of ownership or possession of site as the Department considers satis-
factory.
"Stale contract" means a contract between the Department and go\-
emmental agency as provided in subdivision (b) of Section 7914.
NOTE: Authority cited: Sections 50406, 50776, and 50777. Health and Safety
Code. Reference: Sections 50775, 50776. 50777 and 50778. Health and Safety
Code.
History
1. Amendment tiled 1 1-13-80 as an emergency: effeelivc upon filing (Register
80. No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-8 1 .
2. Certificate of Compliance transmitted to OAL 3-13-8! and filed 4-14-8!
(Register 81, No. !6).
Page 411
(4-1-90)
§ 7904
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3. Amendment filed 6-1 1-8] as an enieiiiencv;en'eclive upon Hiinii (ResiisierHl,
No. 25).
4, Order of Repeal of 6-1 1-81 emergency order tiled 6-19-81 by OAL pursuani
10 Government Code Section 1 1349.6 (Register 81, No 2.S).
.5. Amendment filed 7-6-81 as an emergency; ciTeetive upon filing (Register 81 .
No. 28). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on I 1-3-81 .
6. CeilificateorCompliance as to 7-6-81 order transmitted to OAL 10-2.^-81 and
filed 11-18-81 (Register 81. No. 47).
7. Amendment filed 4-30-82; etTective ihinieth dav thereafter (Reeister 82. No.
18).
Article 2. Program Requirements
§ 7904. Eligible Use of Funds.
The Department shall provide financial assistance frotTi the Fund, ei-
ther directly or through a mortgage lender, to enable eligible recipients
to purchase or develop property as provided in this section.
(a) Financial assistance may be used for the following purposes:
( 1 ) to enable an eligible household, which has occupied for at least 1 20
days prior to the date of subinission of an application under Section 7916
a rental unit being converted, to purchase the unit it has occupied or
another rental unit in the same rental housing developinent being con-
verted, provided that such other rental unit is not being purchased by its
occupant(s), or to purchase a share in a cooperative corporation which
entitles the holder to occupy a converted rental unit;
(2) to enable an eligible household to purchase a mobilehome affixed
to a permanent foundation, not located or to be located in a mobilehome
park;
(3) to enable, on an interim basis, a nonprofit corporation to develop
or purchase a mobilehome park where, within a reasonable time thereaf-
ter, ownership of the mobilehome park will have been transferred to it oc-
cupants, either as individual owners or a shareholders in a cooperative
corporation which owns the mobilehome park or;
(4) to enable an eligible household to purchase a share in a cooperative
corporation which entitles the holder to reside in a mobilehome park.
(b) In no event shall financial assistance provided under the Program
exceed forty-nine (49) percent of the purchase price of the property. The
remaining fifty-one (51) percent of the purchase price shall consist of a
loan secured by the recipient through a mortgage lender certified under
the Program and any required downpayment. With regard to the purchase
or development of a mobilehome park, financial assistance shall not ex-
ceed forty-nine (49) percent of the purchase price or development costs
which can be attributed to the number or ratio of eligible households who
will occupy the park.
(c) Where State financial assistance will be used in conjunction with
a Federal housing assistance program and a conflict exist between State
and Federal program requirements, the requirements of the State Home-
ownership Assistance Program regulations may be waived only to the ex-
tent necessary to permit Federal participation, provided that such a waiv-
er does not conflict with any State legal requirements.
(d) The Department may require that a specified percentage of the total
units in a proposed development be pre-sold without state financial as-
sistance at prices at least equal to the prices of units to be purchased with
state financial assistance.
(e) Not less than fifty (50) percent of the monies in the Fund shall be
used to assist lower income households as defined in Title 25, California
Administrative Code, Section 6928.
(f) Not less than twenty (20) percent of the dwelling units assisted un-
der this Program shall be located in rural areas.
NOTE: Authority cited: Sections 50406. 50775, 50777, and 50778 Health and
Safety Code. Reference: Sections 50775, 50776. 50777, and 50778, Health and
Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effecfive upon tiling (Register
80, No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance including amendment transmitted to OAL 3-13-81
and file 4-14-81 (Rcgistcr81, No.Ki).
3. Amendment filed 6- 11-81 as an emersency; etTective upon filine (t^eeistcr 81 .
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Govemmcnt Code Section 1 1349.6 (Register 81. No. 25).
§ 7906. Eligible Applicants.
Governmental agencies may apply to the Department for a funding
commitment under the Prograin on behalf of eligible households and
nonprofit or stock cooperative corporations. To be eligible for a funding
conunilment under the Progratn, a governinental agency must meet the
following criteria:
(a) It must be certified by the Department as an eligible participant in
accordance with Section 7910.
(b) The city and/or county having jurisdiction over the area in which
assistance is proposed to be provided, must:
( 1 ) have an adopted housing element which is in conformance with
Section 65.302 (c) ol' the Governtnent Code; or
(2) been granted an extension to prepare a Housing Element by the Of-
fice of Planning and Research pursuant to Govemment Code Section
65302.6 prior to approval of the application; or
(3) the Department must make a finding that there exists in the region
a .severe housing shortage for low and moderate income households, and
notwithstanding the locality's failure to comply with slate housing ele-
ment requirements, there exists such an overriding need for the proposed
housing assistance that state funding is justified.
Where the housing development for which assistance is proposed is a
subdivision under the State Subdivision Map Act, the requirements of
this Act. including Government Code Section 66473.5, shall be met.
(c) Unless the governmental agency is an exempt governing body of
an Indian reservation or rancheria, the governmental agency must agree
to implement a program of assistance to eligible recipients in accordance
with Section 7912 which serves to implement the local housing element
and Housing Assistance Plan. With respect to assistance programs in-
volving converted rental units, such programs must in addition be part of
a comprehensive approach by such agency to the problem of rental unit
conversion in the agency's jurisdiction.
(d) It must agree to execute a contract with the Department as provided
in Section 7914.
Note: Authority cited: Section 50406. Health and Safetv Code. Reference: Sec-
rions 50775. 50776 and 50777, Health and Safety Code.'
History
1 . Amendment of subsection (b) ( 1 ) and (d) filed 1 1-13-80 as an emergency: ef-
fective upon filing (Register 80. No. 46). A Certificate of compliance must be
transmitted to OAL within 120 days or emeraency language will be repealed on
3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
3. Amendment filed 6-1 1-81 as an emersencv; effective upon filinc (Register 81,
No. 25).
4. Order of Repeal of 6-1 1-81 as an emergency order filed 6-19-81 by OAL pur-
suant to Government Code Section 11349.6' (Register 81, .No. 25).
5. Amendment of subsection (c) filed 4-30-82; effective thirtieth dav thereafter
(Register82. No. 18).
§ 7908. Need for Assistance.
A household shall not be eligible under the Program unless it has been
determined that such household will be unable to acquire the property
without financial assistance from the Fund.
(a) A household shall be determined to be unable to acquire property
without financial assistance under the Program if:
( 1 ) the monthly housing cost associated with the property to be pur-
chased would exceed thirty-five (35) percent of the household' s income;
and
(2) the household's assets do not exceed the total of the following:
(A) the amount necessary to pay the estimated closing cost and down-
payment for the property to be purchased;
(B ) the atnount necessary to pay six (6) months of the monthly housing
costs associated with the unit to be purchased; and
•
Page 412
(4-1-90)
Title 25
Department of Housing and Community Development Programs
i^7912
(C) live ihoLisand dollars (5.000).
(h) For the purposes of the Program, "assels" means the value of a
household's sa\ings and any equity in sloeks, bonds, real properly, or
other forms of capital investment. "Assets"" does not include items rea-
sonably necessary \'or the personal use of the household, such as personal
elTecls, lurniiure. appliances, automobiles, real or personal property used
in a business or undertaking which is a primary sources ol' livelihood for
such household, and a mobilehome to be located on property for which
financial assistance will be provided.
Noir: Aulhorily cilcd: Section .'S()4()6. Hcallh and Salcly Code. Reference: Sec-
(it)ns S}715 and 50177. Health and Safely Code.
H I.STORY
1. Aniendnieni lilcd 1 1-13-80 as an emergency: efleclive upon filing (Register
80. No.46). ACenificaieofCojiiplianceniiisf bctninsminedloOALwilhin 120
days or emergency language will be repealed t)n 3-13-81.
2. Certificate ot Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
3. Amendment tiled 6-1 1-81 as an einergencv: eifeelive upon filins (Reeister 81 ,
No. 2.^).
4. Older ol Repeal of 6-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Government Code Section 11 349.6 "(Register 81. No. 23).
.s. Amendmeni filed 4-30-82; effective thiiiieth day thereafter (Reeister 82. No.
18).
§ 7910. Certification of Program Participants.
(a) Before the Department enters into any contract with, or makes any
payment to a governmental agency or a mortgage lender, the Department
shall certify upon receipt of a proposal and application for assistance that
such agency or lender is capable of fulfilling its responsibilities with re-
spect to the Progratn and such contract or payment.
(b) In determining the capability of a governmental agency under this
section, the Department shall consider whether such agency is:
( 1 ) administratively responsible, as evidenced by the experience of
such agency, or the adtninistrative responsibility of staff or consultants
employed or to be employed by such agency, in implementing housing
rehabilitation, rental assistance, homeownership assistance or other re-
lated housing assistance programs; and
(2) capable of proceeding promptly to carry out a program of assis-
tance in accordance with this subchapter.
(c) In determining the capability of a mortgage lender under this sec-
tion, the Department shall consider;
( 1 ) whether such lender is able to. and has undertaken to, originate,
process, close and service loans for the purchase or development (if ap-
propriate) of property; and
(2) whether such lender is:
(A) an approved seller and servicer of conventional loans for the F^ed-
eral National Mortgage Association or the Federal Home Loan Mortgage
Corporation,
(B) a mortgagee approved by the Federal Housing Administration or
the United State Veterans Administration, or
(C) a lender approved by the California Housing Finance Agency.
(d) Ai the time a governmental agency applies to the Department for
financial assistance under the Program for the benefit of a stock coopera-
tive or nonprofit corporation, the Department shall certify that the corpo-
ration has the administrative and financial capability to develop, own or
lease, and manage (when applicable) a mobilehome park in accordance
with this subchapter. In making its certification the Department shall
consider the following:
( 1 ) the experience of the cooperative or nonprofit corporation, or staff
or consultants employed or to be employed by such a cooperative or non-
profit corporation, in the design, construction or development, and man-
agement (when applicable) of publicly- assisted or non-assisted mobile-
home park developments, or rental or cooperatively-owned housing
developments; and
(2) whether the cooperative or nonprofit corporation possesses suffi-
cient funds, liquid assets or the ability to borrow, to provide adequately
for the predeveloptnent costs of the proposed mobilehome park and \'ov
unforeseen or contingent expenses.
NOTt-:: Authority cited: Section.s .S()406. and .30776. Health and Safety Code. Rcl-
ercnce: Sections 5077.3. 50776 and 50777. Health and Safety Code.
Hl.SIOkY
1 . Amendment filed 11 - 1 3-80 as an emergency: effective upon liling Register 80.
No. 46). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language v\'ill be repealed on 3-13-81.
2. Certificate ol Compliance transmitted to OAL 3- 13-81 and filed 4-14-81
(Register 81, No. 16).
3. Amendment filed 6-1 1-81 as an emer'jencv; effective upon filin'j (Renislei 81.
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Government Code Section 1 1. 349. 6'( Register 81. No. 25).
5. Amendment of subsection (d) filed 4-30-82; effective thirtieth dav thereafter
(Revnster82, No. 18).
§ 7912. Program of Assistance.
A program of assislatice to eligible recipients shall be implemented by
participating governmental agencies.
(a) The program of assistance to eligible households shall contain the
following elements applicable to the type of assistance being pro\ ided:
( 1 ) where assistance is provided pursuant to Section 7904 (a) ( 1 ). noti-
fication to tenants in the rental housing development being converted that
financial assistance under this progratn is available, regardless of race,
sex. marital status, color, religion, national origin or ancestry;
(2) where assistance is provided pursuant to Section 7904 (a) (2) and
(4). notification to eligible households as provided under Section 7934
that financial assistance under this Program is available, regardless oi
race, sex, marital status, color religion, national origin or ancestry;
(3) provision of counseling and training to prospective purchasers re-
garding their rights and responsibilities as homeowners including bud-
geting for mortgage payments and related housing costs;
(4) notification to eligible households of the names and locations of
mortgage lenders certified to make loans in conjunction with the state un-
der the Programs;
(5) assistance to eligible households in making applications for loans.
(b) The program of assistance to stock cooperatives or nonprofit cor-
porations purchasing or developing mobilehome parks shall contain the
following elements;
(1) development and implementation of an affirtnative marketing plan
in accordance with Section 79.34 and approved by the Department for oc-
cupancy of the mobilehome park by eligible households;
(2) ensure compliance with relevant state and federal laws including
CEQA; and
(3) where the city and/or county having jurisdiction over the area in
which the mobilehotne park is to be developed or purchased has assumed
responsibility for enforcement of the Mobilehome Parks Act in accor-
dance with Section 18300 of the Code, assurances that the city and/or
county will;
(A) review, approve and submit to the Department for review and ap-
proval, all preliminary plans submitted by stock cooperative or nonprofit
corporation in its application for a permit to construct, ensuring com-
pliance with the Mobilehome parks Act, Title 25, California Administra-
tive Code. Sections 1000 et seq.. and all relevant local planning, health,
utility and fire requirements; and
(B) issue all appropriate permits required by the Mobilehome Parks
Act after receipt of Department approval as provided in the preceding
subdivision.
(c) The program of assistatice shall include such other activities
deemed necessary by the Department to ensure that the objectives and re-
quirements of the Program are fulfilled.
NOTE; Authority cited: Section 50406, Health and Safety Code. Reference: .Sec-
tions 50775. 50776 and 50777. Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effective upon filing (Register
80. No. 46). A Certificate of Compliance must be transmitted to OAL w ithin 1 20
days or emergency language will be repealed on 3-13-81.
Page 413
(4-1-90)
§ 7914
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Certificate of Compliance transmitted to OAL .V1.V8I and filed 4-14-81
(Register 81. No. 16).
?>. Amendment filed 6-1 1-81 as an emergency; et'fective upon filins (Reirisler 8 1 .
No. 2.^).
4. Order of repeal of 6- 1 1-81 emergency order Filed 6-19-81 by OAL pursuant
to Governmeni Code Section 1 1349.6 (Register 81. No. 25).
5. Amendment otsubsections (a) (2) and (a) (4) filed 7-6-81 as an emergency; ef-
I'ective upon filing (Register 81. No. 28). A Certificate ol'Compliance must be
transmitted to OAL within 120davsoreniereency lansuaee will be repealed on
11-3-81.
6. Certificate olCompiiance as to 7-6-8 1 ortler transmitted to OAL 1 0-23-8 1 and
filed 11-18-81 (Register 81. No. 47).
7. Amendment of subsection (a) (3) filed 4-30-82; effective thirtieth dav thereaf-
ter (Regi.ster 82. No. 18).
§7914. Contracts and Agreements.
(a) All financial assistance provided by the Department shall be gov-
erned by contracts binding all recipients of such financial assistance as
provided in this section. The Department may require such additional
contracts, agreetnents, or amendments thereto, as it deems tiecessary to
meet the purposes of the Program or requirements of the Code.
( b) Whenever the Departtnent tnakes a funding commitment to a gov-
ernmental agency applying for assistance on behalf of eligible recipients,
the commitment of funds shall be governed by a state contract between
the Department and the governmental agency. The state contract shall
contain such terms and conditions as the Department considers necessary
for the purposes of the Program and to meet the requirements of the Code,
including but not limited to:
( I ) a provision specifying the maxitnum amount of funds committed
and the duration of the commitment by the Department to a governmental
agency for the purpose of providing financial assistance to eligible recip-
ients;
(2) a provision specifying the proposed sources, terms and conditions
of public or private financing to be used in combination with funds from
the Program;
(3) a description of the specific location of the housing development(s)
in which the properties to be assisted are located;
(4) a provision specifying the minimum number of households to be
assisted, including the minimum number of such households which are
of lower income;
(5) a provision specifying that the maximum amoutit of assistance to
be provided to eligible households or nonprofit corporations shall not ex-
ceed the amount provided in Section 7904(b);
(6) a description of the program of assistance to be provided by the
governmental agency to eligible recipients which will receive financial
assistance under the Program;
(7) a provision specifying the terms and conditions relating to breach
of the state contract or this subchapter by the governmental agency; and
( 8) a provision for periodic progress reports to the Department relating
to implementation of the Program.
(c) Where financial assistance is provided to eligible households pur-
suant to Section 7904 (a) ( I ),(2) or (4). such assistance shall be provided
either directly or indirectly by the Department in the form of a loan to
such households. State loans shall be made in conjunction with loans
made by a certified mortgage lender. During the term ofits loan, the mort-
gage lender shall be repaid in monthly or periodic installments while re-
payment of the State's loan shall be deferred until the time of sale or
transfer of the property or until repayment is required due to loss of eligi-
bility. The purchaser shall execute a promissory note and deed of trust
securing the State's loan. The form and content of the note and deed of
trust utilized may vary provided that the State's loan is adequately se-
cured and the following provisions are included;
( 1) a description of the properly being purchased;
(2) a provision requiring the purchaser to repay to the Department
upon sale or transfer of the assisted property an amount of the sales pro-
ceeds of the assisted property proportionate to the percentage of the origi-
nal purchase price contributed by the Department, incorporating any ad-
justments for improvements or partial repayments in accordance with
Sections 7926 and 7928;
(?>) a provision specifying that the assisted property shall not be sold
for an amount substantially below its fair market value for the purpose
of reducing the state's share in the sale proceeds;
(4) a provision for voluntary repayment to the Departrnent of the total
amount which would be owed to the Department if the property were sold
at fair market value pursuant to Section 7930 at the time of such repay-
ment;
(5) a provision allowing the purchaser to increase its equity in the as-
sisted property by paying the Department less than the full atnount owed
to the slate, as provided in Section 7928;
(6) provisions requiring the purchaser to;
(A) occupy the assisted properly as its principal place of residence and
not use such property as rental property during the term of the loan;
(B) pay all property and other taxes, fees and impounds levied with re-
spect to the property;
(C) keep the property insured against fire;
(D) maintain the properly in good condition; and
(E) comply with all terms and conditions of and make all payments
required by the promissory note and deed of trust;
(7) a provision requiring prior Department approval of any improve-
ment to be made to the assisted property by the purchaser when a read-
justment pursuant to Section 7926 will be sought;
(8) a provision prohibiting the purchaser from further encumbering the
property with liens or deeds of trust without the express prior written ap-
proval of the Department;
(9) a provision requiring repayment or partial repayment to the Depart-
ment if such repayment is determined to be necessary in accordance with
Section 7936;
( 1 0) a provision specifying that if the purchaser breaches any covenant
or condition of the promissory note or deed of trust, a demand may be
made for repayment of the full amount to the State would be entitled if
the property were sold at fair market value and that, in the event of non-
repayment, non-judicial foreclosure may be pursued;
( 1 1 ) a provision specifying that if non-judicial foreclosure is pursued
as a result of an alleged breach of the promissory note or deed of trust by
the purchaser, the purchaser shall be notified of his/her right to dispute
the alleged breach in a hearing before the Department as provided in Sec-
tion 7938.
(d) Where financial assistance under the Program is provided to stock
cooperatives or nonprofit corporations pursuant to Section 7904 (a) (3),
the recipient shall execute a promissory note and deed of trust securing
the State's loan. The form and content of the note and deed of trust uti-
lized may vary provided that the State's loan is adequately secure, and
the following provisions are contained in the note or deed of trust or in
a contract prescribed by the State:
( 1 ) the provisions required by subdivisions (c)( I ) through (c)( 1 1 ) in-
clusive of this section, except subdivisions (c)(2), (c)(6)(A), and (c)(9);
(2) a provision specifying that state funds shall not be released until a
permanent financing commitment has been secured by the recipient cor-
poration. In no event shall the period of interim financing exceed two (2)
years where a park is to be developed or one ( 1 ) year where a park is to
be purchased;
(3) a provision requiring that if during the period of interim financing
the nonprofit or cooperative corporation intends to charge space rent to
eligible households to be assisted under the Program, that such rent when
added to other monthly housing costs not exceed thirty-five (35) percent
of the eligible household's gross income or that such rent not exceed the
space rent existing prior to the purchase of the mobilehome park with as-
sistance under the Program, whichever is less;
(4) a provision requiring the recipient corporation to repay to the De-
partment at the ti me permanent financing is secured, or upon sale or trans-
fer of the property, whichever occurs first, an amount proportionate to the
percentage of the development costs or purchase price provided by the
Page 414
(4-1-90)
Title 25
Department of Housing and Community Development Programs
^7916
Depart nieni. incorporaiing any adjusimcnts tor improvements, in accor-
dance with Section 7926;
(5) where a nu)bilehome park is to be developed, provisions which re-
quire, pursuant to stale or federal law the use olalTirniative action in hir-
ing by all contractors and subcontractors involved in the construction of
a mobilehome park, and that the park will be developed in accordance
with the Mobilehome Parks Act. Title 25. California Administrative
Code Section 1000 ct scq.:
(6) a provision requiring that ownership oithe park be translered to a
cooperative corporation with shareholders who will occupy the park or
[0 indi\ idual ow ners who will occupy the park, at the termination of inter-
im financing;
(7) a provision specifying the number of eligible households, includ-
ing lower income households, which will occupy the mobilehome park
for the purpose of determining the amount of assistance to be provided
to the nonprofit or cooperative corpoiation;
(X) a provision requiring compliance by the cooperative or nonprofit
corporation with an approved affirmative marketing plan as provided in
Section 7934:
(9) a provision requiring the recipient corporation to pay reasonable
actual moving expenses of households displaced as a result of the devel-
opment of a mobilehome park using financial assistance under the F'ro-
gram. Only those displaced persons who occupied their dwelling at the
time an application was submitted to the Department in accordance with
Section 7916 shall be eligible for moving expense payments;
(e) Notwithstanding subdivisions (c) (2) and (d) (4) of this section, the
promissory note and deed of trust may require that the Department not
receive in repayment less than the amount of assistance originally pro-
vided.
(f) All promissory notes and deeds of trust shall be recorded in tbe of-
fice of the county recorder in which the assisted property is located.
(g) The Department shall enter into agreement(s) with the entity or en-
tities that will originate and service Slate loans under the Program. The
agreement! s) shall include but not limited to the following:
( 1 ) a provision requiring Department approval prior to the close of es-
crow of each purchaser's loan application and other loan documents re-
quired by the Department;
(2) a provision requiring prior Department approval of the eligibility
of improvements for reimbursement pursuant to Section 7926;
(3) a provision requiring prior Department approval before a recipient
of funds may further encumber assisted property with hens or deeds of
trust, other than those securing a loan under the Program;
(4) a provision requiring determination of the value of claimed im-
provements by a servicer of the state loans as provided in Section 7926;
(-'S) a provision requiring a loan servicer to make all necessary readjust-
ments for improvements and partial repayments in accordance with Sec-
lions 7926 and 7928 and to maintain a record of any such readjustment
and forward copies to the Department and ihe govemmenlal agency;
(6) a provision requiring a loan servicer to periodically recertify the
eligibility of the purchaser and to secure repayment on behalf of the De-
partment as required by Section 7936;
(7) a provision requiring a loan servicer to notify the Department in
writing in the event that it becomes aware of a default by a recipient in
the performance of its obligations under this Section; and
(8) a provision requiring a loan servicer to secure repayment on behalf
of the Department when assisted property is sold and to ensure that the
assisted property is not sold for an amount substantially below its fair
market value for the purpose of reducing the slate's share in the sale pro-
ceeds.
NOTl.: Authority cited: Section .^0406, Health and Safety Code. Reference: Sec-
tions .S077.S. 5{)71b. 50111. Health and Safely Code.
History
I. Amendment filed 1 1-1.^080 as an emergency: effective upon filing (Register
80. No. 46). A Certificate ofCompliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81.
2. Ceilificate ofCompliance includine amendment transmitted \o OAL 3-1 3-KI
and tiled 4-14-81 (Register 81. No. 16).
3. Amendment tiled 6-1 1-81 asanemerijcncv:elfeclive upon liline (KcJisier 81.
No. 2.i).
4. Order of Repeal of 6-1 1-81 emerircncy order tiled 6-19-81 hy OAL pursuant
to Government Code Section 1 1349.6 (Register 81. No. 2.^).
.S. Amendment of subsections (aiand (c)-(g) tiled 7-6-81 as an emergency: eliee-
tive upon filing (Register 81. No. 28). A Certilicate ofCompliance must Iv
transmitted to OAL within 1 20 davs oremeiiiencv lanLuiaee will be repealed on
11-.V81.
6. Cerlificale ofCompliance as lo 7-6-8 1 order (ransiiiilted to ( )AL 1 0-23-8 1 and
tiled 11-18-81 (Register 81. No. 47).
7. Amendment of subsection (c) (6i (L) filed 4-30-83: ellective thirtieth ±\\
thereafter (Resister 82. No. 18).
Article 3. Application Procedures
§7916. Contents of Applications.
(a) Applications shall be made by governmental agencies in accor-
dance with a form to be issued by the Department which shall require at
least the following infortnation:
( 1 ) evidence of the eligibility of the applicanl under Section 7906;
(2) a description of the proposed u.ses of financial assistance under the
Program, indicating the eligibility of structures under Section 7904;
(3) details of the program of assistance to be provided;
(4) the anticipated sales prices of the properties to be assisted under the
Program;
(5) the amount of financial assistance needed;
(6) the number of households that may be displaced as a result of the
project; and
(7) the status of the local jurisdiction's housing element in lertiis of
conformity Section 65302 (c) of the Government Code.
(b) Applications for financial assistance under Section 7904 (a) (I ). (2)
and (4) shall include information required in subdivision (a) above and
the following additional information:
(1 ) details of services or financing to be provided by the governmental
agency and any mortgage lender;
(2) a description of housing developtnents in which eligible house-
holds reside or are to reside; and
(3) a statement indicating how the assistance program forms a part of
the governmental agency's comprehensive approach to rental unit con-
version or a part of its comprehensive housing strategy.
(c) Applications for financial assistance to purchase shares in a coop-
erative corporation shall include the information required by subdivi-
sions (a) and (b) above and the following additional information:
(1) the articles of incorporation and by-laws of the cooperative corpo-
ration in which shares are proposed to be purchased;
(2) evidence of the market value of such share; and
(3) a description of rights and liabilities attaching to such shares, in-
cluding but not limited to, any additional amounts required lo be paid by
the holder for the right to reside in the development or mobilehome park.
(d) Applications for financial assistance to purchase a mobilehome
park under Section 7940 (a) (3) shall include information required in sub-
division (a) above and the following additional information:
( 1 ) identification and description of the mobilehome park proposed lo
be purchased;
(2) financial aspects of the mobilehome park, including sales price of
the park, the presence of any occupied structure other than a mobilehome
on the site, sources and terms of financing, projected operating expenses
and utility costs;
(3) marketability of spaces in the mobilehome park, including evi-
dence of the existing tenant's intentions to purchase their spaces, existing
and projected occupancy of the mobilehome park and details of the plan
for affirmative marketing if appropriate; and
(4) planning aspects of the tnobilehome park, including conformity
with the local General Plan, including the housing element. Housing As-
Page 415
(4-1-90)
§ 7918
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
sisiaiice Plan, local growth policy, appropriate zoning requirements, and
access to public utilities.
( e) Application lor financial assistance to develop a mohilehome park
under Section 7904 (a) (3) shall consist of a pre-appiication and final
application by the local governmental agency and shall be submitted to
the Department in accordance with Department instructions.
( 1 ) the pre-application shall include the information contained in sub-
division (a) above and the following additional information:
(A) evidence of the administrative and financial capability of the non-
profit or stock cooperative corporation pursuant to Section 7910 (d);
( B) identillcation and description of the mobilehome park proposed to
he developed",
(C) a site map indicating the location of the proposed assisted and non-
assisted spaces;
(D) preliminary drawings of the assisted and non-assisted spaces:
(E) information as to the financial aspects of the mobilehome park, in-
cluding evidence of site control, the presence of any occupied structure
on the site, a general breakdown of development costs, anticipated
sources and terms of financing, projected operating expenses and proj-
ected utility costs;
(F) information as to the proposed construction of the mobilehome
park development, including the general contractor's name and experi-
ence, method of constmction and any special design features;
(G) information as to the marketability of spaces in the mobilehome
park, including area housing needs and income levels, regional and local
vacancy rates, projected occupancy of the mobilehome park and details
of the plan for affirmative marketing;
(H) information as to the planning aspects of the mobilehome park, in-
cluding anticipated or actual conformity with the local growth policy,
and appropriate zoning requirements; and
(1 ) information as to access to utilities, services and employment.
(2) The final application for financial assistance shall include the fol-
lowing information:
(A) a construction dmetable and incorporation of affirmative action
requirements;
(B) a set of architectural drawings; and
(C) information as to the actual sources and terms of financing.
(f) Applicants for activities which are subject to CEQA. will act as
Lead Agency and will prepare necessary environmental documents for
the project. Applicants will provide the Department with assurances that
the provisions of CEQA. where applicable, have been or will be complied
with.
(g) Guidelines and instructions under this section shall require the
applicant to provide such other information as the Department may con-
sider necessary to meet the purposes of the Program of the requirements
of the Code.
NOTE: Authority cited: Section 50406, Health and Safety Code. Reference: Sec-
tions 50775, 50776, and 50777, Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency, effective upon filing (Register
80. No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-1.3-81 and filed 4-14-81
(Register 81, No. 16).
3. Amendment of NOTE filed 4-30-82; effective thirtieth day thereafter (Register
82, No. 18).
§ 791 8. Staff Review of Applications.
(a) Program staff shall review all applications by governmental agen-
cies to dctennine the eligibility of such governmental agencies and the
economic feasibility, desirability and appropriateness of the proposed
uses for assistance.
(b) In conducting its review, program staff shall consider:
( 1 ) the capability of the governmental agency, mortgage lender and the
cooperative or nonprofit corporadon, if any, to implement the require-
ments of the Program;
(2) local efforts to adopt and implement the housing element of the
General Plan of the local jurisdiction for which the assistance program
is proposed in accordance with Section 63302(c) of the government
Code, if applicable, and the conformity of the application with such hous-
ing element;
(3) the governmental agency's program of assistance and comprehen-
sive housing strategy;
(4) whether the proposed project will result in the displacement of low
and moderate income households as defined in Section 6912 of Title 25,
California Administrative Code;
(5) whether the proposal for assistance will result in a timely and effi-
cient use of available funds;
(6) the percentage of funds proposed to be used to assist lower income
households in accordance with Section 7904(c);
(7) the local priorities for allocating financial assistance among eligi-
ble households;
(8) whether, and how much, additional public and private resources
will be used in conjunction with assistance under the Program;
(9) the geographic distribution of assisted units in accordance with
Section 7904(d);
(10) compliance with other requirements of this subchapter; and
(11) other criteria deemed necessary by the Department to ensure that
the objectives of the Program are fulfilled.
(c) On the basis of its review of the applications, program staff will pre-
pare recominendations for each application and submit them to the Com-
mittee for its consideration and decision. When an application is sub-
mitted to the Committee for review, the applicant shall be notified of the
recommendation and date and time of the Committee hearing.
(d) Where a pre-application has been submitted to the Department for
financial assistance to develop a mobilehoine park, program staff will re-
view such pre-applications to determine if they are complete, accurate
and generally in compliance with this subchapter and to determine their
eligibility and the appropriateness of providing assistance from the Fund
in accordance with subdivision (b) of this secdon.
( 1 ) On the basis of iis review of the pre-application. program staff will
prepare recommendations for each pre-application and submit them to
the Committee for its consideration and decision as to preliminary com-
mitment.
(2) When a pre-application is submitted to the Committee for review,
the applicant shall be notified of the recommendation and the date and
time of the Committee hearing considering the pre-application.
(3) After preliminary commitment, the staff shall review the final
application to determine compliance with all preliminary commitment
conditions. Material noncomphance with any condition, lack of progress
in fulfilling conditions, and other material facts shall be reported to the
Committee.
NOTF.: Authority cited: Section 50406. Health and Safety Code. Reference: Sec-
tions 50775. 50776 and 50777. Health and Safety Code.
History
1 . Amendment of subsection (b) (2) filed 1 1-13-80 as an emergency; effective
upon filing (Register 80, No. 46). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emeraency language will be repealed on
3-3 1 -8 L
2. Certificate of Compliance transmiUed to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
3. Amendment filed 6-11-81 as an emergency; effective upon filing (Register 81,
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-9-81 by OAL pursuant
to Govemment Code Section 1 1349.6 (Register 81, No. 25).
5. Amendment of subsection (b) (2). (c) and (d) (1) (2) filed 4-30-82; effective
thinieth day thereafter (Register 82, No. 18).
§ 7920. Committee Review of Applications and Other
Matters.
(a) The Committee shall be responsible for the review and disposition
of all applications for financial assistance by governmental agencies. It
shall adopt operating policies and procedures for the program, and shall
perform other functions and duties as may be required by the Director of
the Department or by law.
Page 416
(4-1-90)
Title 25
Department of Housing and Community Development Programs
ij7924
(h) ihc C(.)nimittee shall consisi of members and shall operate as set
forth in siibehapter 1 (eommeneing with Section 6900) of Chapter 6.5 of
Part 1 of Title 25. California Adminisiiative Code.
(c) In taking any action, the Committee shall consider the recommen-
dations of program staff, the application and any written or oral testimo-
ny of an applicant or other interested ])erson.
(d) Approval or denial of any action by a loan committee shall consti-
tute a recommendation to the Director who shall consider the commit-
tee's recommendation in making a decision on the action.
(e) The Commitlee shall base its final recommendation as to each
application or any other action pursuant to the subchapter on the criteria
contained in Section 79 1 8(b) and such other considerations as are consis-
tent with the terms and objectives of the Program.
(f) The Commitlee shall within fifteen ( 15) days of the date on which
it considers any request for action, inform the applicant in writing of its
recommendation stating:
( 1 ) that it has approved, postponed consideration of, or rejected the re-
quest or application:
(2) the reasons for refusal or postponement of consideration: and
(3) that the applicant or recipient has a right of appeal as specified in
Section 7922.
(g) The Committee, in any recommended approval of a pre-applica-
tion, shall specify any terms, conditions or special requirements which
are not present in the pre-application. as well as the form, term and timing
of assistance. The recommended approval shall include a commitment
of funds for a sum of no more than one hundred ten percent (1 10%) of
the amount of assistance approved for the specific project.
(h) The Committee shall specify in any recommended approval of an
application:
( 1 ) the amount and purpose of financial assistance to be provided to
the applicant and minimum number of households to benefit from such
assistance:
(2) the form, terms and timing of such financial assistance; and
(3) any conditions attached to the approval of its application.
NoTf-: Authority cited: Section .'S()4()6, Health and Safety Code. Reference: Sec-
tions 50773. 50776 and 50777. Health and Safety Code.'
History
1 . Amendment of subsections (dMh) filed 1 1-1.^-80 as an emergency; effective
upon filing (Register 80, No. 46). A Ccilificatc of Compliance must be trans-
mitted to OAL within 120 days or emergency langiiasze will repealed on
.VI 3-81,
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Registers). No. 16).
3. AmendmentorNOTfc' filed 4-30-82: effeetiye thirtieth day thereafter (Remster
82. No. 18).
§ 7922. Appeals.
(a) If an applicant or recipient is dissatisfied with:
( 1 ) the refusal or postponement of consideration of the application or
any other matter pursuant to this subchapter.
(2) a reduction of the amount applied for, or
(3) any conditions attached to the recommended approval of the appli-
cation or any other matter pursuant to this subchapter, ii may within thirty
(30) days olThe date of the Committee's decision appeal in writing to the
Director o\' the Department, staling and fully supporting the grounds of
its appeal.
(h) If an applicant or recipient appeals to the Director pursuant to sub-
section (a) of this section, the Director shall:
( 1 ) within thirty (30) days of the date of documented receipt of the ap-
peal hold an open informal meeiing at which the applicant, recipient, pro-
gram staff and any interested person may make submissions as to the ac-
tion the Department should take with respect to the application or matter
being considered; and
(2) within forty-five (45) days of the date of documented receipt of the
appeal notify the applicant or recipient in writing of the Director's deter-
mination of the appeal.
(c) The director's determination of the appeal shall be final.
NOTti; Authority cited: Section 50406. Health and Safety Code. Reference: Sec-
tions 50775. 50776 and 50777, Health and Safely Code.
History
1 . Amendment of subsections (a) (3) and (b)(1) filed 1 1-1 3-80 as an emergency:
effective upon filing (Register 80. No. 46). A Certificate of Compliance must
be transmitted to OAL within I20daysoremereency language will be repealed
on3-LV81.
2. Certificate ol Compliance Iransmillcd to OAL 3-13-81 and filed 4 i4-Xl
(Register 81, No. 16).
3. Amendment of NOTE tiled 4-30-82: efteeliye thirtieth day thereaher ( Register
82. No. 18).
Article 4. Program Operation
§ 7924. Amount of Assistance.
(a) the amount of financial assistance to be provided to an eligible
household shall be determined in the following manner:
( 1 ) The eligible household shall contribute at least thirty-five ( 35 ) per-
cent of its gross monthly incoine to monthly housing cost in connection
with the purchase of assisted property.
(2) An eligible household may be allowed to assume a greater respon-
sibility for monthly housing costs if:
(A ) the proposed housing costs are approximately the same as the pres-
ent housing costs of the household,
(B) a satisfactory credit record has been maintained by the househ(.)ld,
and
(C) the household hasdetnonstrated an ability sustain its present hous-
ing expense without serious difficulty; or
(D) it has been otherwise determined that the eligible household can
assume such greater responsibility.
(3) The eligible household shall contribute at least three (3) percent of
the purchase price of the assisted property as a downpayment.
(4) At the titne the household applies to a mortgage lender originating
State loans under the Program, such lender shall determine, using its nor-
mal underwriting standards and the provisions of this section, the mini-
mum amount of state financial assistance necessary to qualify the house-
hold for a mortgage loan.
(5) In no event shall the amount o( financial assistance provided to an
eligible household under the Program exceed foriy-nine (49) percent of
the purchase price or appraised value of the assisted property, whichever
is less.
(b) Where financial assistance is being provided to a nonprofit corpo-
ration for purchase or developiTient of a mobilehome park, the amount of
assistance lo be provided shall be based on the costs directly attributable
to the number or ratio of eligible households who will occupy the park.
The amount of (Inancial assistance shall be determined in the following
manner:
( 1 ) The nonprofit corporation shall be eligible lo receive financial as-
sistance in an amount equal to either forty-nine (49) percent of the costs
attributable to the development of the spaces lo be occupied by eligible
households or forty-nine (49) percent of the purchase price attributable
to the purchase of spaces to be occupied by eligible households.
Note. Authority cited: Section 50406, Health and Safety Code. Reference: Sec-
tions 50735. 50776 and 50777. Health and Safety Code.
History
L Amendment of subsection (a) filed 1 1-13-80 as an emergency; elfectiye upon
filing (Register 80, No. 46). A Certificate o( Compliance inust be transmitted to
OAL within 1 20 days or emergency language will be repealed on 3- 1 3-8 1 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
3. Amendment filed 6-1 1-81 as an emereency; effective upon filinu; (Rcnister 81.
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Government Code Section 11.^49.6 (Register 81. No. 25).
5. Amendment of subsection (a)(4) filed 7-6-81 as an emergency: effective upon
filing (Register 81, No. 28) A Certificate of Compliance must be transinitted to
OAL within 120 days or emergency language will be repealed on 1 1-3-81.
6. Certificate ofCompliance as to 7-6-81 order transmitted to OAL 10-2^-81 and
filed 11-18-81 (Register 81. No. 47).
7. Amendment of subsection (a)(2)( D) filed 4-30-82: effective thirtieth dav there-
after (Register 82, No. 18).
Page 417
(4-1-90)
§ 7926
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7926. Improvements.
(a) The recipienl must obtain approval by the Department as to the eli-
gibihty of contemplated improvements prior to initialing such improve-
ments.
(b) The value of improvements to assisted properly shall be deter-
mined at the time such improvements are made, in the following manner:
(1) Where improvements are made which increase the value of the
properly, the value of such improvements shall be the amount, if any. by
which the value of the property after the improvements are made exceeds
the value of the property before the improvements are made,
(A) less the amount, if any, by which the value of the property has been
increased by other work not constituting improvements performed be-
tween the two valuations, and
(B) plus the cost to the recipient of the appraisals to determine the val-
ue of the property before and after the improvements were made in accor-
dance with this section.
The improvements adjustment to be made to the purchase price under
Section 7914(c) (4) and (d) (5) shall be calculated in accordance with the
following formula:
E= (Vi xE|) + l
Vi +1
E is the proportion of the value to which the household is entitled after
improvements
V| is the value of the property immediately before the improvements
are made
1 is the value of the improvements (in accordance with subdivisions
(I) of this section)
E| is the proportion of the value of the property to which the household
is entitled immediately before the improvements were made
On each occasion that the property is improved, a new value for E shall
be determined by applying the formula. The value of E thus determined
will be used as E| the next occasion on which improvements are made.
The amount to which the household shall be entitled on sale or termina-
tion of state financial assistance shall be the sale price or fair market value
mnltiplied by the value of E at the time of sale or termination.
(2) Where the improvements made do not increase the value oi the
dwelling but bring the dwelling into conformance with local and state
building or housing standards, the adjustment for improvements under
Section 7914(c) (4) and (d) (5) shall be calculated in accordance with
Section 7928(c). except that the value for "R" shall be the actual costs of
improvemenls as supported through receipts, plus the cost to the recipient
of an appraisal.
(c) Improvements shall not be the basis for a readjustment of the pro-
portional amounts to which the Department and recipient are entitled
upon sale of an assisted unit unless the costs to the recipient of making
such improvements is at least five hundred dollars ($500.00).
(d) Whenever there is an adjustment to the proportional amounts to
which the Department and recipient are entitled upon sale, the servicer
of State loans shall ensure that a record of such an adjustment is kept and
shall forward a copy to the Department and the governmental agency.
NOTE: Authority cited; Sections 50406, 50776 and 50777, Health and Safely
Code. Rel'erence: Sections 50776 and 50777. Health and Safety Code.
History
1. Amendment filed 1 1-13-80 as an emergency; effective upon tiling (Register
80. No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
3. Amendment filed 6-1 1-81 as an emergency; effective upon filing (Register 81 ,
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-I9-8I by OAL pursuant
to Government Code Section 1 1349.6 (Register 81, No. 25).
5. Amendment of subsecfions (b) and (d) filed 7-6-81 as an emergency; effective
upon filing (Register 81. No. 28). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will be repealed on
11-3-81.
6. Certificate of Compliance as to 7-6-81 order transmitted to OAL 10-23-81 and
filed 11-18-81 (Register 8 1 . No. 47).
7. Amendment of subsections (a) and (c) filed 4-30-82; effective thirtieth day
therealter (Register 82. No. 18).
§ 7928. Partial Repayment.
(a) A purchaser of property assisted under the Program may repay a
portion of the financial assistance provided by the state and increase ils
equity in the property if:
( 1 ) the Slate lequires or approves such partial repayment;
(2) no more than one partial repaytnent is made within any period of
twelve (12) months; and
(3) such partial repayment is not less than one thousand dollars
($1,000).
(b) Where a purchaser wishes to increase its equity in the assisted prop-
erty, ihe enlillemenls of the purchaser and the Departinenl respectively
shall be calculated in accordance with the following formula:
E= (VxER)-t-R
V
Eis the proportion of the value of the property to which the purcha.ser
is entitled after partial repaytnent
V is the value of the property at the lime of the partial repaytnent
Er is the proportion of the value of the properly to which the purchaser
is entitled immediately before the partial repayment is made
R is the amount of the partial repayment plus the cost to the recipient
of an appraisal
On each occasion that a partial repayment is made, a new value for E
shall be determined by applying the formula. The value of E thus deter-
mined will be used as Er the next occasion on which a part repayment
is made or as the proportion of the purchaser's equity in the property at
sale or transfer. The amount to which a household shall be entitled on sale
or termination of state financial assistance shall be the sale price or fair
market value multiplied by the value of E at the time of sale or termina-
tion.
(c) Whenever there is an adjustment to the proportional amounts to
which the Department and purchaser are entitled upon sale, a servicer of
State loans shall keep a record of such an adjustment and shall forward
a copy to the Department and governmental agency.
NOTE; Authority cited; Section 50406, Health and Safety Code. Reference; Sec-
tions 50775. 50776 and 50777, Health and Safety Code.
History
\. Amendment filed \ 1-13-80 as an emergency: effective upon filing (Register
80. No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81, No. 16).
3. Amendment filed 6-1 1-81 as an emergencv; effective upon filing (Register 81,
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Government Code Section 1 1349.6 (Register 81, No. 25).
5. Amendment of subsections (a)(1) and (c) filed 7-6-81 as an emergency; effec-
live upon filing (Register 81. No. 28). A Certificate of Compliance must be
transmitted to OAL within 1 20 days or emergency language will be repealed on
11-3-81.
6. Certificate of Compliance as to 7-6-81 order transmitted to OAL 10-23-81 and
filed 11-18-81 (Register 81, No. 47).
§ 7930. Determination of Fair Market Value.
(a) For the purpose of the Program, "fair market value" means the
highest price on the date of valuation that would be agreed to by a seller,
being willing to sell but under no compulsion to do so; and a buyer, being
ready, willing and able to buy but under no compulsion to do so; each
dealing with the other with full knowledge of all the uses and purposes
for which the property is reasonably adaptable and available, as set forth
in Section 1 263.320 of the California Code of Civil Procedure.
(b) The fair market value of assisted property shall be determined by
an appraisal or other method expressly approved in advance by the De-
partment. The appraisal shall be conducted by an appraiser accredited
with one of the tnajor testing and certifying appraisal societies, including
the society of Real Estate Appraisers, the American Society of Apprais-
ers and the Atnerican Institute of Real Estate Appraisers.
(c) Any appraisal shall be documented on a form specified by the De-
partment.
Page 418
(4-1-90)
Title 25
Department of Housing and Community Development Programs
§ 7938
Nori- Aiiihority ciicd: Section ^0406. Hcallh and Safety Code. Reroicnce: Sec-
tions 30773. 50776 and 50777. Health and Saloty Code.
History
1. Amendment olsubsection (b) filed 1 1- 13-80 as an emergency; etTecti\e upon
filing (Register 80. No. 46). A Ceilificate ofCompliance must be transmitted
to OAL within 120 days or emergency language will be repealed on .^-13-81 .
2. Ceilificate t)f Compliance iransiiiitied lo OAL 3-13-81 and tiled 4-14-81
(Register 81. No. 16).
3. Amendment tiled 6-1 1-81 as an emereencvielTective upon filine(Reiiister 81.
No. 25).
4. Order ot Repeal 016-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Government Code Section I 1.349.6 (Register 81. No. 25).
5. Amendment ot subsection (b) tiled 7-6-81 as an emergency; elTective upon fil-
ing (Register 81. No. 28). A Ceilillcate ofCompliance must be transmitted lo
OAL within 120 days or emergency language will be repealed on 1 1-3-81 .
6. Certitlcateol Compliance as to 7-6-81 order transmitted to OAL 10-23-81 and
filed 11-18-81 (Register 81. No. 471.
§ 7932. Maximum Purchase Prices.
(a) The Committee may hy resoiulioii adopt maximum purchase prices
for converted rental units, and mobilehoines on permanent foundations
not located within iTiobilehome parks.
(b) In adopting such maximum purchase prices, the Committee may
lake into account:
( 1 ) the need lo make the optimum use of Program funds by providing
financial assistance lo as many households as possible;
(2) the extent to which the beneficiaries of financial assistance under
the Progratn are able lo obtain financing and make loan or other neces-
sary payments with respect to housing assisted under the Program;
(3) comparative land and housing costs in the region and locality for
which the financial assistance is proposed; and
(4) such other matters as the Committee con.sjders appropriate.
NOTl-: Authority cited: Section 50406, Health and Safety Code. Reference: Sec-
tion 50775. Health and Safety Code.
History
1 . Amendment of subsection (a) tiled 1 1-1 3-80 as an emergency: effective upon
filing (Register 80. No. 46). A Ceilificate ofCompliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate ofCompliance transmitted to OAL 3-13-81 and tiled 4-14-81
(Register 81. No. 16).
3. Amendment of NOTE filed 4-30-82: efleclive thirtieth day thereafter (Resister
82. No. 18).
§ 7934. Affirmative Marketing Plan.
(a) Governmental agencies, stock cooperative corporations, and non-
profit corporatit)ns shall be responsible for development and implemen-
tation of an affirmative marketing plan to attract eligible purchasers of
all minority and non-minority groups to participate in the Program. One
purpose o\' this plan is lo assure that any group (s) or persons normally
not likely to apply for the housing without special outreach efforts (due
to sales prices, existing neighborhood racial or ethnic patterns, and/or
other factors) are made aware of the availability of financial assistance,
encouraged to apply, and have the opportunity to purchase using finan-
cial assistance under this Progratn.
(b) The plan shall set out the minimum number of households to re-
ceive financial assistance under this Progratn with incomes below eighty
(80) percent and between eighty (80) and one hundred (100) percent of
the median for the county; the methods and media for advertising the
availability of assistance under the Program; naines of community
groups/organizations located in the housing market area which the gov-
ernmental agency will establish and maintain contact with as part of its
outreach efforts; and any other efforts the applicant is proposing to attract
eligible households to participate in the Program.
(c) The requirements of this Section shall not apply to a duly consti-
tuted government body of an Indian reservation or rancheria.
NOTL; Authority cited: Section 50406. Health and Safety Code. Reference: Sec-
tions 50775, 50776 and 50777, Health and Safety Code.
History
1. Amendment tiled 1 1-13-80 as an emergency: effective upon filing (Register
80. No. 46). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will he repealed on 3-13-81 .
2. Certificate ofCompliance transmitted to OAL 3-13-81 and filetl 4-14-81
(Register 81, No. 16).
3. Amendment tiled 6-1 1-81 asan emeri!encv:eHecti\e upon tllinLMRc'jistci 81.
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed (>~I9-8I by OAL pursuant
to Government Code Section 1 13-19.6 (Register 81. No. 25).
5. New subsection (c) filed 7-6-8 1 as an emergency: effective upon filing ( Regis-
ter 81, No. 28). A Ceriillcale of Compliance must be transmitted to OAL uithin
120 days or emergency language will be repealed on 1 1-3-81 .
6. Certificate ofCompliance as to 7-6-81 order transmitted to OAL 10-23-81 ant!
tiled 11-18-81 (Register 81. No. 47).
§ 7936. Recertification of EEligibility.
(a) Except where assistance is provided lo a nonprofit corporation ov
Slock cooperative corporation, a iservicer of Stale loans shall be respt)nsi-
ble for recertifying household eligibility and recvalualing the need for
Slate assistance. Total or partial repayment to ihe state shall be required
if the ratio of current housing costs lo the purchaser's current gross
monthly income has decreased by more than ten ( 10) percentage points
below that ration which existed at the lime of purchase o\' the assisted
unit. Total repayment shall be rec|uired if the purchaser has acquired resi-
dential real property in addition to the propeiTy being assisted under the
Program.
(b) The amount and method of repayment shall be determined |\)inily
by the servicer of State loans and purchaser. Absent agreement by both
parlies, repayment shall nol result in the propoilion of the purchaser's in-
come applied towards total monthly housing costs, exceeding thai pro-
portion in existence at the lime of purchase. Repayment for the purpose
of this section shall be conducted in accordance with Section 7928.
(c) The recertification and reevaluation shall be conducted every live
(5) years until the Slate is either totally repaid or the assisted properly is
sold or its title transferred, whichever coines first. During ihe initial five
(5) year period an additional review shall be conducted at the end of the
second year.
NOTL; Authority cited: Section 50406. Health and Safetv Code. Reterence: Sec-
tions 50775, 50776 and 50777, Health and Safety Code.'
Ht. STORY
1. Amendment filed 1 1-1.3-80 as an emergency: effective upon filing (Register
80, No. 46). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 3-13-81 .
2. Certificate of Compliance including amendment transmitted to OAL 3- I 3-8 1
and filed 4-14-81 (Register 81, No. 16).
3. Amendment filed 6-1 1-81 as an emergency; effective upon 11 line ( Register 81.
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order fifed 6-19-8f by OAL pursuant
to Government Code Section 1 1349.6 (Register 81. No. 25).
5. Amendment of subsections (a) and (b) fifed 7-6-8 f asan emergency: efleclive
upon filing (Register 81, No. 28). A Certificate ofCompliance must be trans-
mitted to OAL within 120 days or emergencv laneuaee will be repealed on
11-3-81.
6. Certificate ofCompliance as to 7-6-81 order transmitted to OAL 10-2^-81 and
tiled 11-18-81 (Register 81. No. 47).
7. Amendment of subsection (c) fifed 4-30-82: effective thirtieth dav thereafter
(Register82, No. 18).
§ 7938. Foreclosure.
(a) Whenever a notice of default and intent to sell an assisted dwelling
unit is issued pursuant to Civil Code Section 2924 alleging that a recipi-
ent has defaulted in performing its obligations under the agreements re-
quired by Section 7914. the recipient shall be notified in writing of its
right to contest the grounds for declaring such a default in a hearing be-
fore the Department.
(b) The notice of right to a hearing shall be issued concurrently with
the issuance of a notice of default. The notice of right to a hearing shall
include a form prescribed by the Department which the recipient shall u.se
to notify the Department of its intention to contest the basis for declaring
a default. The notice of hearing shall provide as follows:
Page 419
Register 95. No. 28; 7-14-95
§ 7950
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(1 ) it shall require the recipient to specify in tiie prescribed rorin the
grounds upon which the recipient relies in disputing the alleged default;
(2) it shall specify a date by which the prescribed form must be post-
marked or returned to the Department and nuisl allow the recipient at
least fourteen (14) days to respond: and
(3) it shall specify that if the prescribed form is not received or post-
marked by the specified date, the recipient shall have waived its right to
a hearing before the Department.
(c) Upon receipt of a request for a hearing, the Department shall imme-
diately notify the recipient of the date sei for the hearing. The notice of
hearing shall be mailed at least fourteen (14) days prior to the date set for
the hearing and shall inform the recipient of the following;
( 1) the date, time and place for the hearing;
(2) the right of the recipient to present at the hearing any evidence or
arguments in support of its position;
(.3) the right of the recipient to examine or copy, at the recipient's ex-
pense, all documents, records, and regulations relating to the disputed de-
fault;
(4) the right to he represented by counsel or other person chosen by the
recipient as its personal representative; and
(5) the right of the recipient to submit its evidence and arguments in
writing prior to the hearing date in lieu of a personal appearance at the
hearing.
(d) The hearing shall be conducted informally by the General Counsel
of the Department or the General Counsel' s designee. The following pro-
cedures shall govern hearings before the Department:
( 1 ) The recipient shall be given the opportunity to confront or examine
and controvert all witnesses and documents upon which the claimed de-
fault is based. The opportunity to confront a witness is not required where
both parties have expressly agreed in writing that the appearance of such
a witness is unnecessary.
(2) Oral or documentary evidence relevant to the facts and issues
raised by the recipient may be received without regard to admissibility
under judicial mles of evidence, but with appropriate regard to credibih-
ty, authenticity, relevance and materiality.
At the conclusion of the hearing the General Counsel shall review all
the evidence and arguments presented and. within seven (7) days thereaf-
ter, shall prepare a tentative ruling on the issue of default which shall be
submitted to the Director for a final determination.
(e) In the event a recipient fails to appear at a hearing, the Department
may decide that the recipient has waived its right lo a hearing and the
General Counsel may proceed to make his/her findings and recommen-
dation to the Director.
(f) After receipt of a tentative ruling, the Director shall review the re-
cord of the proceedings and the findings of the General Counsel and shall
decide whether the recipient has defaulted in its obhgations and whether
the notice of default shall be rescinded.
( 1 ) If the Director finds there is no default by the recipient, the notice
of default shall immediately be rescinded and the contested action to
foreclose terminated.
(2) If the Director finds that the recipient has defaulted in performance
of its obligations under Section 7914:
(A) the notice of default shall remain effective and the action to fore-
close shall continue; or
(B) the Director, in his/her discretion, may permit the recipient to cure
its default and have the notice of default rescinded.
(g) The provisions of this section shall not apply to any mortgage lend-
er making loans to recipients in conjunction with the State, but not utiliz-
ing the same note and deed of trust as the State is using to secure its loan.
Where the State and a mortgage lender are making a joint mortgage loan
utilizing the same note and deed of trust this section shall be applicable,
except that the Director may not exercise his/her discretion under subdi-
vision (f)(2)(b) when the recipient has defaulted in its obligation to make
payments on the mortgage lender's portion of the assisted loan or de-
faulted in its obligation to make required tax and insurance payments in
connection with the assisted unit and the mortgage lender will not agree
to permit the recipient lo cure.
Noir:: Authoriiv cited; Sccfion 50406, Health and Safety Code. Reference: Sec-
lions .5077.^. .S0776 and 50777, Health and Safety Code.'
HiSTOm'
1. Repealer and new section filed 1 I -13-80 as an emergency; effective upon hiing
(Register 80, No. 46). A Cenifieate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81
(Register 81. No. 16).
3. Amendment filed 6-1 1-81 as an emersencv: effective upon filine (Recisier 81.
No. 25).
4. Order of Repeal of 6-1 1-81 emergency order filed 6-19-81 by OAL pursuant
to Government Code Section 1 n49.6'(liegister 81, No. 25).
5. Amendment ol subsections (f) and (g) filed 7-6-81 as an emergency; effective
upon filing (Register 81. No. 28). A Certificate of Compliance must be trans-
milted to OAL within 120 days or emergency languase will be repealed on
11-3-81.
6. Cenifieate of Compliance as to 7-6-81 order transmitted to OAL 10-23-81 and
filed 11-18-81 (Register 81. No. 47).
Subchapter 12. Emergency Housing and
Assistance Program
§ 7950. Definitions.
"Allowable costs" mean expenditures for eligible activities. See Sec-
lion 7% I.
■"Capital Development Grant" means a grant of up to $150,000 from
the EHAF made to defray costs of capital development activities such as
the acquisition, construction, conversion, expansion, reconstruction or
rehabilitation of real property or the purchase of equipment for emergen-
cy shelter or transitional housing where the combined cost of these activi-
ties at a single site exceeds $20,000. See section 7966.
"Client" is the person or household provided client housing or rental
assistance funded by a program grant.
"Client housing" is the general term used in these regulations to de-
scribe emergency shelter, transitional housing, or vouchers provided to
the client to meet emergency or transitional housing needs pursuant to
this subchapter.
"Construction" tneans building a new structure, or expanding an exist-
ing stnicture. which will provide emergency shelter and/or transitional
housing.
"Construction or service contractor" refers to the parties with whom
a grantee contracts for constRtction services or equipment.
"Conversion" means the alteration of nonresidential space within an
existing structure to create space for emergency sheUer and/or transition-
al housing.
"Day" means calendar day.
"Department" means the California Department of Housing and Com-
munity Development.
"Director" means the Director of the Department of Housing and
Community Development.
"DLB" is the acronym for "designated local board" which is a group,
including social service providers and a representative of local govern-
ment, that has met Department requirements for distribution of grants al-
located by the Department pursuant to chapter 1 1.5 of the Health and
Safety Code. See section 7952.
"EHAF" is the acronym for the "Emergency Housing and Assistance
Fund established by section 50800.5 of the Health and Safety Code.
"EHAP" is the acronym for the "Emergency Housing and Assistance
Program" established by Health and Safety Code section 50800.
"Eligible activities" mean those activities upon which program funds
may be expended. See section 7961.
"Eligible organization" means an agency of local government or a
nonprofit corporation that provides, or contracts with community organi-
zations to provide, emergency shelter or transitional housing, or both.
See section 7959.
Page 420
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
§7951
■'Enicrgency slielter" means housing with niininuil supportive ser-
vices \'ov homeless persons ihai is Mmiled to occupancy of six months or
less by a ht)meless person and that is noi withheld due to a client's inabil-
ity h) pay.
"■Grant" or ""program grant" means a grant of monies from the Emer-
gency Housing and Assistance Fund.
""Grantee" is the recipient ol'a grant, who enters into a Standard Agree-
ment with the Department to provide specified eligible activities.
■"Interested party or parlies" means, for Department or DLB purposes.
anyt)ne who has inlbrmed the Department or the DLB, respectively, that
they wish to receive information concerning the Department's or the
DLB's EHAP activities and shall include any person who has spoken at
a meeting ol' the Department or the DLB regarding EHAP or cominnni-
cated in writing with the Department or the DLB concerning its EHAP
activities during the prior year.
■"LESS" is the acronym for ""local emergency shelter strategy," a plan-
ning and evaluation document which is developed for a region by a DLB
and which provides the basis for the selection of grantees and for moni-
toring subsequent grantee activities. See section 7955
""Local organization" is the local group eligible to apply to the Depart-
ment for designation as a DLB. See sections 7952 and 7953.
■"Milestone" means a measurable objective toward the achievement of
the project or program goals.
■"NOFA" is the acronym for a "notice of funding availability" de-
scribed in section 7958.
""Nonurban county" means any county with a population of less than
2()0.0()0, as published in the most recent edition of Population Estimates
of California Cities and Counties, E-l, prepared by the Department of
Finance. Population Research Unit.
""Operating Facility Grant" means a grant of up to $50,000 in program
funds made to defray costs of eligible activities including facility opera-
tions and administration, residential rental assistance, leasing or renting
rooms for provision oi' temporary shelter, and up to $20,000 per site in
capital development-type activities, as described in Health and Safety
Code section 5080.^ and in section 7963.
""Program" means the Emergency Housing and Assistance Program
(EHAPl
"■Rank"" means the order of eligible applications for funding based only
on the rating established pursuant to the applicable grant selection crite-
ria.
"Rating" means the process by which eligible applications are eva-
luated and given an overall numerical or relative value based on the nu-
merical or relative value(s) assigned lo each of the identified selection
criteria described in the NOFA to which the applicant is responding.
"■Reconstruction"" means replacing an existing structure with a struc-
ture of similar size and type, which will be used to provide emergency
shelter and/or transitional housing.
"Region" means a county or a consortium of counties voluntarily
banding together by action of a designated local board.
■■Rehabilitation"" means making repairs or improvements to a building
necessary to correct substandard conditions as defined by section
1 7920.3 of the Health and Safety Code. As used in these regulations, re-
habilitation may include reconstruction or conversion.
"■RTE"" is the acronym for ■"responsible technical entity"", an entity de-
termined by the Department to have the expertise in housing construction
and development necessary to make determinations about the feasibility
of a proposed capital development project for which program funding is
sought. See section 7954.
■"Site"" means a given parcel or contiguous parcel(s) of land, generally
distinguished by a tax assessor" s parcel number{s ), developed or to be de-
veloped with emergency shelter and/or transitional housing.
■■Transitional housing"" means housing with supportive services that is
limited to occupancy of up to 24 months that is exclusively designated
and targeted for recently homeless persons. Transitional housing in-
cludes self-sufficiency development services, with the ultimate goals of
moving recently homeless persons to permanent housing as qin'ckly as
possible, and limits rents and service fees to an ability-to-pay formula
reasonably consistent with the United States Department of Housing and
Urban Development's requirements for subsidized housing lor low-in-
come persons.
■■Urban county"" means any county that is not a ""nonurban county."
NOTFi: Aiithontv cited: Sections .•S()4()2, 50X01 ..^ and 50S06..'S. Healiii aiui .Sa(ct>
Code. Reierence: Sections 50800 through .^08()4..s. Health and Salcty Code
HlSiORV
1 . Amendmenl of subchapter heading and repealer and new seciion filed 3-1 S-94
as an emergency: operative 3-18-94 (Register 94, No. II). A Cenificaie of
Compliance must be transmitted toOAL 7-18-94 or emergency language will
be repealed by opeiation of law on the following day. For prioi' hision . see Reg-
ister X.'S, No. 37.
2. Amendment ofsubchapter heading and repealer and new section reliled 7-8-94
as an emergency; operative 7-8-94 (Register 94. No. 27). A Certificate of Com-
pliance must be transmitted 10 OAL by 1 1-7-94 or emergency language will he
repealed by operation of law on the following day.
3. Amendment of subchapter heading and repealer and new section reliled
10-31-94 as an emergency: operative 10-31-94 (Register 94. No. 44). A Cer-
tificate of Compliance iiuisl be transmitted to OAL by 2-28-95 or eniergency
language will be repealed by operation of law on the following day.
4. Amendment of subchapter heading and repealer and new section reliled
2-13-95 as an emergency; operalive"2- 15-95 (Register 95. No. 7). A Certifi-
cate of Compliance must be transmitted to OAL by 6-15-95 or emergency lan-
guage will be repealed by operation of law on the following day.
5. Amendment of subchapter heading and repealer and new section reliled
6-1 5-93 as an emergency; operative 6-1 5-95 (Register 95. No. 24). A Certifi-
cate of Compliance must be transmitted to OAL by 1 0- 1 3-95 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as lo 6- 15-95 order includine amendmenl o( .section
transmitted to OAL 6-26-95 and tiled 7-12-95 (Register 95. No. 28).
§ 7951. Program Organization and Administration.
(a) Applications for program funds shall be solicited through NOFAs.
The Department shall issue a Statewide NOFA and DLBs shall issue re-
gional NOFAs as described in seciion 7958.
(b) The Department shall designate local boards, pursuant to the pro-
cess described in section 7953, which shall solicit and review applica-
tions and select grantees from among eligible applications in their region.
(c) A DLB"s activities shall be based upon the provisions of its LESS.
(d) The Department shall review applications and select grantees for
those regions without DLBs.
(e) The activities of grantees shall be monitored pursuant to section
7975 to ensure compliance with the provisions of this subchapter and the
standard agreement.
(f) Should a new federal homeless program be enacted by the federal
government and be administered by the Department, for efficiency of op-
erations the Department may adrninister EHAP to complement the new
federal program.
NOTE; Authority cited: Sections 50402, 50800(c), 50801 .5 and 50X06.5. Health
and Safety Code. Reference: Sections 308()2(c), 30802. .3 and 30X04. Health and
Safety Code.
History
1. New section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94,
No. II ). A Certificate of Compliance must be transmitted lo OAL 7-1X-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-X-94 as an emergency; operative 7-8-94 (Register 94,
No. 27). A Certificate of Compliance must be transmitted lo OAL hy 1 1-7-94
or emergency language will be repealed hy operation of law on the following
day.
3. Repealer and new section retlled 10-31-94 as an emergency: operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-2X-93 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section reliled 2-1 5-95 as an emergency; operative 2- 1 5-93
(Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6-1 5-95 or emergency language will be repealed by operation of law on the
following day.
3. Repealer and new section retlled 6- 1 3-95 as an emergency; operative 6- 1 5-93
(Register 93. No. 24). A Certificate of Compliance inust be transmitted to OAL
by 10-13-93 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-1 3-93 order including amendmenl ol seciion
headins, section and Noth transmitted vo OAL 6-26-93 and tiled 7-t2-93
(Regisrer93. No. 28).
Page 421
Register 95, No. 28; 7- 14-95
§7952
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
§ 7952. Designated Local Board.
(a) A region shall have no more llian one DLB at any lime.
(b) The membership of the DLB shall be representative of the loeal
eommimity, as described in section 7953(d).
(c) Upon designation by the Department pursuant to section 79.53 each
DLB shall prepare or amend its LESS pursuant to sections 79.55 and 7956
and approved by the Department pursuant to section 7956.
(d) A DLB shall be responsible lor the selection of operating grant(s)
within the region and shall monitor the subsequent performance of each
grantee.
(e) A DLB shall be responsible for the selection of capital develop-
ment grants only if the DLB has obtained from the Department a designa-
tion as an '"RTE", pursuant to the requirements of section 7954.
(f) A DLB shall not initiate the local grant selection process until the
Department has approved the DLB's LESS for the funding period.
(g) In the event of the termination of designation or the failure of the
DLB to obtain approval of the LESS as required, the Department shall
assure the continuation of EHAP funding to the region by issuing a sepa-
rate regional NOFA and evaluating the subsequent applications pursuant
to subsections 7967(b) and (c).
(h) A DLB shall comply fully with the requirements of the California
Public Records Act (Government Code sections 6250 through 6267 ) and
the Bagley-Keene Open Meeting Act (Government Code sections 1 1 1 20
through 11132.)
(i) A DLB shall notify the Department of any change in its member-
ship. Within thirty days of the announced resignation of a DLB member,
the DLB shall select a replacement member who ensures that the DLB's
membership continues to represent the local community.
(j) Pursuant to its evaluation oi' a DLB per section 7976, the Depart-
ment may place conditions on a designation in order to correct any defi-
ciencies in the performance of a DLB.
NOTIL: Authority cited: Sections 30402, 50801 .5 and 50806.3, Health and Safety
Code. Reference: Sections 50801(b). 30801.3(a) and 30804. Health and Safety
Code; and Section II 121.2, Government Code.
History
1. Repealer and new section filed 3-18-94 as an emergency: operative 3-18-94
( Register 94, No. II). A Certificate of Compliance must be transmitted to OAL
7- 1 8-94 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94
(Register 94, No. 27). A Ceilificate of Compliance must be transmitted to OAL
by 1 1-7-94 or emergency language will be repealed by operation of law on the
following day.
?>. Repealer and new section refiled 10-31-94 as an emergency; operative
hO-31-94 (Register 94, No. 44). A Ceitificate of Compliance must be trans-
mitted to OAL by 2-28-93 or ejnergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-13-95
(Register 93, No. 7). A Ceilificate of Compliance must be transmitted to OAL
by 6-13-93 or emergency language will be repealed by operation of law on the
following day.
3. Repealer and new section refiled 6-1 5-93 as an emergency; operative 6- 1 3-95
(Register 93, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-93 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-15-95 order includins amendment of section
and NoTt transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).
§ 7953. Local Board Designation Process.
(a) In order to apply for designation as a DLB, a local organization
shall submit to the Department a written application containing the infor-
mation identified in subsection (b).
(b) The written application for designation shall include the following
information:
( 1 ) The membership of the local organization;
(2) The address of the local organization;
(3) The proposed regional boundaries;
(4) An explanation of each potential member's experience and exper-
tise relevant to program activities;
(5) The demonstrations and certifications required by section 7954. if
applicable;
(6) An explanation and supporting documentation of how the require-
ments ofsubsections (c) and (d) will be or have been met, including proof
ol' publication of notice pursuant to subsection (c)( 1 ); and
(7) The certifications required by subsection (e).
(c) The local organization shall provide notice of the application for
designation as a DLB to the public within the region and shall invite the
public to submit comments to the Department about the application pur-
suant lo all of the following:
( 1 ) Notice shall be provided through publication in at least one news-
paf)cr of general circulation in each county in the region.
(2) Notice shall be mailed to all interested parties.
(3) Notice shall be provided prior to submittal of the application.
(4) The notice shall provide the name, address, and telephone number
o\' a person the public can contact for further information.
(5) The notice shall provide the public with thirty days within which
to submit comments to the Department about the application.
(6) The thirty-day comment period shall begin the day after the notice
is mailed or the day after the notice is published, whichever is later.
(d) The membership of the local organization and of the subsequent
DLB shall be representative of the local community, and shall:
( 1 ) Provide a range of community representation and expertise; and
(2) Represent such interests as shelter providers, local funding agen-
cies, public officials, private industry, mental health groups, law enforce-
ment, the courts, planning agencies, social services, and homeless advo-
cates.
(e) Within its application to the Department for designation, the pro-
posed DLB shall certify in writing that it:
(1) Accepts responsibility for the distribution and re-distribution of
funds allocated to the region;
(2) Will monitor grantee performance;
(3) Will comply with all requirements of this subchapter;
(4) Will provide any data or information required by the Department
for the evaluation of the performance of the DLB; and
(5) Will comply with and enforce the conflict of interest restrictions
set forth in subsection (f).
(f) No individual, including DLB staff and any DLB .subcommittee
member, participating in determining eligibility, feasibility, readiness,
rating or ranking of grant applications shall be a board member, an offi-
cer, employee, or agent of any eligible organization applying for funds
nor have any financial interest in any eligible organization applying for
funds.
(g) Within fifteen days of the receipt of an application for designation,
the Department shall notify the applicant in writing if the application is
incomplete and identify the information and/or certifications that are
missing.
(h) Within thirty days of the receipt of a complete application, the De-
partment shall provide the applicant with written notice as to whether the
local organization has received the Department's designation as a DLB.
If an applicant has not received designation, the written notice shall pro-
vide each specific reason for not designaUng the local organization as a
DLB.
(i ) The Department shall withdraw the designation of a DLB if the acti-
vities of the DLB do not comply fully with the requirements of this sub-
chapter.
( 1 ) The Department shall provide the DLB with written notification of
the withdrawal of designation and of the effective date of the withdrawal.
The written notification shall identify each compliance issue upon which
the withdrawal of designation is based.
(2) If a former DLB chooses to protest the Department's decision to
withdraw designation and/or the findings upon which the decision was
based, the DLB shall submit a written petition for a hearing to the Depart-
ment, within fifteen days of the date of the Department's written nofifica-
tion.
Page 422
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
^ 7955
•
1 3) The pctilion sIkiII icqiicsl a hearing and sliall provide a elear. eon-
eise slaleinenl t)t'lhe reasons the hearing is being requested, the inlorma-
lion and/or aetixities under discussion, and the remedy sought by the for-
mer I )LH.
(4) Within lit'teen days of the date the petition is received by the De-
liarimeni. the Department shall schedule a hearing and shall pro\ ide the
petitioner with written notice t)rthe date, time and place ol'the hearing.
The dale ol'the hearing shall be within I'orty-lne days ol'the date ol'the
Deparimenl's written notificatitin ot the withdrawal ol' designation and
no sooner than ten days after the date of the hearing notice.
l.^i) The hearing shall pro\ide the petitioner with the opportunity to be
heard and to show cause why the withdrawal of designation sht)uld be
modified ov repealed.
(6) Within fifteen days of the hearing, the Department shall provide the
petitioner with a written decision that lepeals. modifies, or sustains the
Department's decision to withdraw designation. The written decision
shall respond specifically to each issue commented upon by the petition-
er.
(j) A former DLB shall surrender custody of all program records, in-
cluding applications, correspondence, and related documentation, to the
Department within .seven days of the effective dale of the Department's
withdrawal of designation, or at the conclusion of the appeal process
when ii maintains the Department's decision to withdraw the designa-
tion.
Nori:: Auihoniv citcti: Sections ,S()4()2. 5{M)] .5 and .S()S()6..S. Health and .Salclv
Code. Relcrencc: Sections .SOSOKb) and .^080!. .^(a). Health and Safety Code. '
HlS'fORY
1. Nev\ section tiled .VlS-94 as an emergenev: operalive .VlS-94 (Register 94.
No. II ). A Ceilificaie of Compliance nuisi be transmilied loOAL 7-1 8-94 or
eniergeiKv language will be repealed by operation ot law on the following day.
2. New seetit)n re Hied 7-8-94 with repealer and new subsection (f) as an emergen-
cy; operalive 7-8-94 (Register 94. No. 27). A Certificate of Compliance must
be Iransmitled t(H)AL by 1 1-7-94 oremeigeney language will be repealed by
operation of law on the following day.
^. Repealer and new section rcfiled 10-.^ I -94 as an emergency: operative
10-.^ 1-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-9.^ or emergency language will be repealed by opera-
lion of law on the following day.
4. Repealer and new section re filed 2- 1 .^-9.s as an emergency; operative 2- 1 5-9.^
(Register 9.s. No. 7). A Certificate of Compliance must be transmitted to OAL
b\ 6-1.S-95 or emergency language will be repealed by operation of law on the
lollovving da\.
.s. Repealer and new section refiled 6-1 .^-9.^ as an emergency; operative 6- 1 5-95
( Register 9.S. No. 24). A Cenifieate of Compliance must be transtriitted to OAL
h\ l()-i,'^-9.S or emergency language will be repealed by operation ot law on
the following day.
6. Certilleale of Compliance as to 6-1 5-9s order including amendment ol section
headinii. section and Norr. transmitted to OAL 6-26-9.S and filed 7-12-9.'S
( Register 9.S. No. 28).
§ 7954. Responsible Technical Entity.
(a) The following types of entities are eligible to demonstrate to the
Department for designation as an RTEcompliance with the requirements
o\' subsections (d) through (g):
(DADLB;
(2) A Local government entity;
{?'') A nonprofit corporation; and
(4) A private, for-profit entity.
(b) \n order to be designated as an RTE and be responsible for the se-
lection of capital development grants, a DLB shall;
( 1 ) Demonstrate to the Department that the DLB membership meets
the requirements of an RTE as set forth in subsections (d) through (g); or
(2) Provide the certification required by subsection (h) that the DLB
has delegated feasibility determinations involving capital development
grants to an entity which has demonstrated to the Department that it
meets the requirements of an RTE as set forth in subsections (a) and (d)
through (g).
(c) The demonstration shall consist of written evidence of compliance
with the requirement.s oi' subsections (a) and (d) through (g) and written
certification by the proposed RTE of acceptance of these requirement.s.
(d) An RTE shall have direct experience with the de\elopment o\'
emergency shelter and/or transitional housing projects in the region.
whether new construction, conversion, or rehabilitation. .Staff persons
committed to the task shall cumulatively possess experience and exper-
ti.se in construction, real estate, finance, and the development of ht)using
projects.
(e) An RTE shall commit to assist the DLB w iih the seleciit)n of capital
development projects for funding by determining the feasibility and
readiness ol' the projects proposed in all eligible capital development
grant applications.
(f) For the purpo.se of reviewing, ranking, or selecting applications for
funding, each member of the RTE or DLB subct)mmitiee shall comply
with subsection 79.S3(f).
tg) An RTE shall commit to prt)vide the DLB with advice about project
acquisition, construction and/or rehabilitation, during capital devek)p-
ment grant monitoring and close-out activ ities.
(h) Where separate entities, the RTE: and the DLB shall each certify in
writing to a statement which delegates to the RTE the responsibilities
stated in subsections (d) through (g).
(i) The demonstrations and ceitifications required by this section shall
be provided with the local organization's application for designation as
a DLB. The timeframes for the Department's review shall be the same
as those provided in subsections 79.^.^(g) and (h).
(J) If a DLB enters into an agreement pursuant to subsection (h) with
an entity other than the original RTE approved by the Department, the
entity shall apply for Department approval pursuant to the requirements
of this section. The new entity shall not participate in review and selec-
tion activities of the DLB until the Department provides written notice
ol' approval of the entity as an RTE.
(k) In regions with no RTE, or where an RTE fails to complete its du-
ties pursuant to this subchapter, the Department shall receive, rev iew and
select all applications for capital development grants.
NOTL: Authority cited: Sections .S()4()2. 5{mn.5 and 5{)m(\5. Health and Safety
Code. Reference: Section .S()802..')(c). Health ami Safety Code.
HlSTORV
1. Repealer and new section filed .VI 8-94 as an emergency; operalive ^- 18-94
(Register94, No. I I ). A Certificate of Compliance must be transmitted to OAL
7- 18-94 or emergency language will be repealed by operation of law on the lol-
lowing day. For prior history, sec Regi.ster 90. No. .^2.
2. Repealer and new section refiled 7-8-94 with repealer and new subsection (g)
as an emergency; operative 7-8-94 (Register94. No. 27). A Cenifieate ol Com-
pliance must be transmitted to OAL by 1 1-7-94 oremeigeney language will be
repealed by operation of law on the following day.
3. Repealer and new section refiled l()-.31-94 as an emergency; operative
1()- .31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-9.S or emergency language will be repealed bv opera-
lion of law on the following day.
4. Repealer and new section refiled 2-l.'>-9.S as an emergency; operative 2-i.'^-9.S
( Register 9.S, No. 7), A Certibeale of Compliance must be transmitted lo OAL
by 6-1 .S-9,S or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6- 1 .S-9S as an emergency; operative 6- I .^ -9.S
(Register 9.^. No. 24). A Certificate of Compliance must be transmitted loOAL
by 1()-1.3-9.S or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to6-l.^-9.'S order including amendment ot section
transmitted to OAL 6-26-9.S and filed 7-12-9,^ iReeister 9.^. No. 2S).
§ 7955. Local Emergency Shelter Strategy.
Each LESS shall include;
(a) An assessment of the needs within the region forclieni housing.
(b) A summary of the existing resources available within the region to
meet the needs identified pursuant to subsection (a). To the extent practi-
cal, the summary shall identify each existing program by the type and
amount of client housing provided, and the geographical area served.
(c) A statement of the regional goals for addressing the identified cli-
ent housing needs not met by existing resources.
Page 423
§isler95, No. 28;7-14-95
§ 7956
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) A description of cacii local priority and resiriclion that will be
placed on the distribution of program liinds including:
M) The anticipated apportionnieni of the local county allocation be-
tween operating facility grants and capital development grants;
(2) Each category of client housing for which the local distribution of
funds may have a priority or a restriction ( for example, emergency shelter
rather than transitional housing);
(3) Any other restrictions that may be placed on grant applications.
such as a minimimi or maximum grant level or a limit on the nimiber of
grants that will be funded.
(e) A description of the grant application process, including:
( 1 ) The anticipated schedule for the solicitation, receipt, review and
selection of applications;
(2) The procedures for notifying potential applicants of the availability
of funds and the eligibility requirements;
(3) The procedures that will apply to the submission of applications;
(4) A list of the anticipated documentation, in addition to that required
by section 7960. that will be required for each application;
(5) A description of all technical assistance available to applicants;
(6) The procedures for determining applicant and application eligibil-
ity pursuant to the requirements of sections 7959, 7960, and 7961;
(7) The procedures for reviewing, rating, ranking and selecting eligi-
ble applications for grant awards;
(8) The process for awarding funds to eligible applicants in accordance
with the requirements of section 7967;
(9) Where applicable, the process for DLB selection of capital devel-
opment grants, including the process of RTE participation where the
RTE is a different entity than the DLB, and including the provisions of
sections 7966 and 7967;
( 10) The procedures, including those required by section 7967, for
providing applicants with notice of whether their respective applications
were selected for funding;
(11) The anticipated process for the redistribution of any unawarded
funds.
(f) The procedures that will be employed to ensure that the activities
of the DLB are conducted in an open, fair and competitive manner includ-
ing procedures for;
(1) Providing adequate public notice of the activities of the DLB. by,
for example, publishing notices in newspapers of general circulation,
posting notices in designated places, and mailing notices to interested
parties who have requested such information; and
(2) Providing notice to all interested parlies no less than ten days in ad-
vance of each scheduled meeting or hearing, in accordance with Govern-
ment Code sections 1 1 1 20 through 1 I 1 32.
(g) A description of the local process for applicants to appeal grant se-
lection or other DLB activities, in a fair manner and in accordance with
the requirements of section 7968 and including:
( 1 ) The timeframes for each step of the process, which cumulatively
ensure the timely consideration of the petition and which do not exceed
the timeframes set in subsection 7968(a);
(2) Who will make the initial determination on an appeal; and
(3) How an appellant can make a subsequent appeal to the Department
for review of local determinations involving DLB procedures.
(h) The procedures that will be followed by the DLB. and the RTE. if
applicable, to monitor and evaluate the performance of grantees includ-
ing:
(1) Monitoring grantee progress in relationship to established mile-
stones;
(2) Procedures for monitoring the execution and completion of grant
contractors and scheduled draw-down of program funds;
(3) Procedures for the periodic review of grantee expenditures to en-
sure compliance with the requirements for the use of program funds;
(4) Periodic review of each grantee's record-keeping effort;
(5) Any local grantee reporting requirements.
(i) The following attachments:
( 1 ) The mailing list of service providers that has been and will be used
by the DLB to provide notice as required throughout this subchapter:
(2) A copy of the DLB"s latest application for designation including
the certifications required by subsection 7953(e);
(3 ) Copies of application forms and any other documents that the DLB
will require for use or will use to determine eligibility, to evaluate appli-
cations and/or l(.) select applications for funding;
(4) A summary of the region's awards for the prior funding round(s),
including who was funded, and for what amounts and activities.
(5) A copy of the current written notice o1' designation issued to the
DLB by the Department, pursuant to section 7953;
(6) A copy of the most recent DLB evaluation performed by the De-
partment pursuant to section 7976;
(7) Agreements and conditions regarding the RTE, where applicable;
(8) A summary of all public meetings held pursuant to section 7956(b).
including copies ol' the notices published and mailed; and
(9) A copy olall written comments submitted regarding the LESS and
a summary of all oral comments received during the public meetings, and
a summary of the DLB's responses to the public comments received.
NOTl;: Aiithoritv cited: Sections .S()4()2. .^080 1 .5 and .^0806.5. Health and .Safety
Code. Reference: Sections .S0802.5. 50803.5 and 50804. Health and Safety Code.
History
1. New section Hied 3-18-94 as an emergency: operative 3-18-94 (Register 94.
No. 11 ). A Certificate of Compliance must be transmitted to OAL 7-18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency: operative 7-8-94 (Register 94.
No. 27). A Certificate of Compliance must be tran.smitted to OAL by 1 1-7-94
01 emereenev laneuage will be repealed by operation of law on the following
day.
3. Repealer and new section refiled 10-31-94 as an emergency: operative
10-31-94 (Register 94. No. 44). A Certilleate of Compliance must be trans-
milted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-1 5-95 as an emergency: operative 2-15-95
(Register 95. No. 7). A Certificate of Complianee must be transmitted to OAL
by 6-15-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section rellled 6-15-95 as an emergency; operative 6-15-95
(Register95. No. 24). A Certificate of Complianee must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Complianee as to 6-1 5-95 order ineluding amendment of section
transnulted to OAL 6-26-95 and tiled 7-12-95 (Register 95. No. 28).
§ 7956. Local Emergency Shelter Strategy Preparation,
Review and Approval Process.
(a) Each DLB shall submit two copies of its proposed LESS or LESS
amendments to the Department for approval no later than the first day of
September each year unless otherwise notified in writing by the Depart-
ment.
(b) Prior to submitting the LESS to the Department, the DLB shall con-
duct at least one noticed public meeting within each county within the re-
gion. During each meeting, the DLB members shall explain the contents
of the proposed LESS and shall provide an opportunity for and shall re-
ceive public comments about the contents of the LESS.
(c) The Department shall review each LESS to ensure that it includes
all the information required pursuant to this section and section 7955, and
that it demonstrates that the DLB process will be open, fair, and competi-
tive.
(d) Within thirty days of the receipt of a request to approve a LESS,
the Department shall notify the DLB in writing if the request is incom-
plete, pursuant to the requirements of this section and section 7955. and
identify the specific information that is missing or needs clarification.
(e) Within twenty days of the date of the Department's notice, the DLB
shall provide the requested information.
(f) Within 30 days after receipt of a complete LESS per section 7955,
the Department shall provide the DLB with a written determination of the
result of the Department's review of the LESS.
( 1 ) The Departinent's determination shall be one of the following:
(A) Approved,
Page 424
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
S 7957
(B) Apprt)\cd wilh cx)ndilic)ns. or
(C) Disapproved.
(2) For a dciLMniiiialion other than an approval pursuaiil to subsection
(!")( I )(A). the Department's written notice shall explain each of the rea-
sons for the determination.
(y ) ll'a LESS is not approved, or is approved with conditions, the DLB
may revise the LESS and resuhmit it with a request lor the Department's
approval no later than niieen days alter the dale ol'the Department's no-
tice of non-approval.
(h) An amendment to an approved LESS may be prepared subject to
the rolk)wing requirements and procedures:
(1) The DLB's request lor the Department's approval ol a LESS
amendment shall include a written statement providing the reasons why
the LESS must be amended, and justification lor the terms of the pro-
posed amendment.
(2) Where policy or procedural changes are proposed, the DLB shall
prt)pose the amendment pursuant to the meeting requirements listed in
subsection (b) and shall include in its request for approval the inl'orma-
tion listed in section 7935(i)(8) and C-)).
(.1) Within thirty days ol'the receipt ofa complete amendment submit-
tal, the l^epartment shall provide the DLB with a written determination
o[' whether the amendment is:
(A) Approved,
(B) Approved with conditions, or
(C) Disapproved.
(4) With the exception ofa determination that approves an amendment
as provided in subsection (h)(.^)( A), the Department's written determina-
tion shall include a detailed explanation ol'the reasons lor the determina-
tion.
(i) In any ca.se where the LESS or any provision thereolcontlicts with
the program statute or regulations, the statute or regulations, respective-
ly, prevail.
Norti: Authorily ciled: Sections 50402, .S0801 .5 and .-SOSOfr.S, Health and Sal'ctv
Code. Rcl'crencc: Section 50804, Health and Satety Code.
Hl.SlORY
1 . Repealer and now section Hied 3-1 S-94 as an emergency: operative .3-18-94
(Register 94, No. 1 1). A Ceilifieate of Compliance must be transmitted toOAL
7- 1 8-94 or emergency language will be repealed by operation of law on the fol-
lowing day. For prior history, see Register 85, No. .37.
2. Repealer and new section refiled 7-8-94 as an emeigeney; operative 7-8-94
(Register 94. No. 27). A Certificate of Compliance must be transmitted toOAL
by 1 I -7-94 or emergency language will be repealed by operation of law on the
following day.
3. Repealer and new section refiled 10-31-94 as an emergency: operative
10-31-94 (Register 94, No. 44). A Certificate of Compliance must be irans-
nntted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion oi lau on the following day.
4. Repealer and new section refiled 2- 1 5-95 as an emergency; operative 2- 1 5-95
(Register 95. No. 7). A Certil'ieale of Compliance must be transmitted to OAL
by 6- 1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-15-95 as an emergency: operative 6-1 5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the lolk)wing day.
6. Certificate of Compliance as tt) 6-1 5-95 order including amendment of section
heading and section transmitted to OAL 6-26-95 and bled 7-12-95 (Register
95. No. 28).
§ 7957. Allocation and Distribution of Funds.
(a) The allocation to urban counties shall not exceed eighty percent of
the funds available each fiscal year. Urban county allocations shall be
based solely upon the following two factors:
( 1 ) The ratio o\': the number ol" persons in the urban county living be-
low the poverty line to the total number of persons living below the pov-
erty line in all urban counties oi' the State according to the most recent
federal census, updated, if possible, with an estimate by the California
Department of Finance; and
(2) The ratio of: the number of persons unemployed in the urban
county to the total number of persons unemployed in all urban counties
ol'the Slate based on the most recent one-year period for which data is
available.
(b) Each allocation to an urban county shall be determined based tiptin
the sum of the urban county's ratios as calculated per subsection (a).
( 1 ) All urban counties shall be ranked in the order oi' the highest ratio
sum to the lowest ratit) sum, and urban counties with equal ratio stuns
shall be grouped.
(2) A minimum allocation of $10, ()()() shall be made available to each
urban county within the grotip u iih the lowest ratio sum.
(.3) Each ratit) sum, other than the lowest stun, shall be converted to a
percentage, with the sum ol'the percentages equaling l()()^/r.
(4) Following the deduction of the minimtmi allocations from the
funds available, the balance ol'the funds shall be divided into groups in
proportion to the percentages determined by the calculation reqtiired by
subsection (b)(3).
(.5) The amount of funds available to each group shall be allocated in
equal proportions to each of the urban counties within the group.
(c) The allocation to nonurban counties shall not be less than twenty
percent ol'the funds available each fiscal year. Nonurban regional alloca-
tions shall be based solely upon the following two factors:
( 1 ) The ratio of: the number of persons in the nonurban county liv ing
below the poverty line to the toial number of persons living hek)w the
poverty line in all nonurban counties of the Stale according to the most
recent federal census, updated, if possible, with an estimate by the Cali-
fornia Department of Finance: and
(2) The ratio of: the number of persons unemployed in the nonurban
county to the total number of persons unemployed in all nonurban ct)un-
lies of the State, based on the most recent one-year period for which data
is available.
(d) Each allocation to a nonurban county shall be determined based
upon the sum of the nonurban county's ratit)s for persons living below
the poverty line and for persons unemployed as calculated per subsection
(c).
( 1 ) All nonurban counties shall be ranked in the order of the highest
ratio sum to the lowest ratio sum, and nonurban counties w ith equal ratio
sums shall be grouped.
(2) A minimum allocation of $ I (),()()() shall be made available to each
nonurban county within the group with the lowest ratio sum.
(3) Each ratio sum, other than the lowest sum, shall be converted to a
percentage, with the sum of the percentages equaling \0(Y7( .
(4) Following the deduction oi' the minimum allocations from the
funds available, the balance of the funds shall be divided into groups in
proportion to the percentages determined by the calculation required by
subsection (d)(3).
(5) The amount of funds available lo each group shall be allocated in
equal proportions lo each of the nonurban counties within the group.
(e) If two or more counties form a consortium under a DLB, the total
allocation for that subsequent region shall be the sum o\' the indiv idtial
county allocations available as described in the Statewide NOEA. Each
county shall receive its respective share of the allocation in client housing
and/or rental assistance.
(f) The Department may designate, the eligible use(s) for which a spe-
cified allocation of funds is restricted when:
( 1 ) The original source of the funds allocated to the Depariment re-
stricts the use of those funds (e.g., bond funds for capital development);
or
(2) The Depariment identifies a particular Statewide need among eli-
gible acliviiies and facilities for funding; or
(3) The total allocation lo the Department for program use is less ihan
the amount needed lo fund the minimum allocation of $ I (),()()() per
county.
(g) The Department shall provide a written explanation of the necessi-
ty for designating the eligible use ofa specific allocation. This explana-
tion shall appear in the NOEA issued by the Depariment for the specific
allocation, pursuant lo .section 7958.
Page 424,1
Register95, No. 28:7-14-95
§ 7958
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ih) The allocation term is iwo years, beginning the date the Depart-
ment issues the Statewide NOFA for the specific allocation.
I i) At the end of the two-year allocation term, any allocation balance
noi encumbered shall be returned to the Emergency Housing and Assis-
tance Fund for allocation as part ol' the next Statewide NOFA.
I j) For any county without a DLB, when there are no applicants, the
allocation balance will revert to the EHAF and be allocated as part of the
next Statewide NOFA.
(k) The minimum grant is $10.()()() except as follows:
( 1 ) For counties with an allocation greater than $2().0()(). one grant less
than $1().()()0 may be awarded if necessary to fully utilize the coimty's
allocation.
(2) For counties with an allocation of up to $20,000, up to two grants
of less than $10,000 may be awarded.
(/) The maximum grant amounts are as stated in sections 7963 and
7906. or, for regions with a DLB, such lesser amounts as a DLB has estab-
lislied in its approved LESS.
NOTR: Authohtv cited: Sections 50402. .50801.5 and 50S()6.5, Health and Safely
Code. Reference: Sections 50802 and 50802.5(a). Health and Salety Code.
History
1. New section tiled 3-18-94 as an emergency; operative 3-18-94 (Register 94,
No. 1 1 ). A Certitlcate ol Compliance must be transmilled to OAL 7-1 8-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94,
No. 27). A Certificate ofCompliance iTiust be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the t\)llowing
day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Ceilifieate ofCompliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency: operative 2-15-95
(Register 95. No. 7). A Certificate ofCompliance must be transmitted to OAL
by 6- 1 5-95 or emergency language w ill be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-1 5-95 as an emergency; operative 6- 1 5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate ofCompliance as to 6-1 5-95 order including amendment ol section
heading and section transmitted to OAL 6-26-95 and filed 7-12-95 (Rciiister
95. No^28).
§ 7958. Notices of Funding Availability.
(a) A Statewide or regional NOFA is the document issued by the De-
partment or the DLB, respectively, which notifies all interested persons,
( 1 ) That the program has been allocated funds;
(2) The types and amounts of funds available for specified eligible ac-
tivities;
(3) That the funds will be distributed to eligible applicants through a
competitive process;
(4) The specified minimum and maximum grant amount(s) consistent
with this subchapter, and, for regional NOFAs, with the LESS:
(5) The specified timeframes which apply to the application and grant
selection processes, including the deadline for filing of applications;
(6) That copies of EHAP's governing statutes and regulations can be
obtained from a contact person whose name, address and telephone num-
ber are provided; and
(b) In addition to the items listed in subsection (a), a Statewide NOFA
shall include:
( 1 ) A list of the allocations available to each county;
(2) Identification of the counties for which the Department shall re-
ceive and review eligible applications, select applications for grant
awards, and fully monitor the performance of grantees;
(3) The name, address and telephone number of a contact person with-
in the Department, who can provide further information and the applica-
tion package for counties the Department will serve;
(4) Identification of the regions and corresponding counties for which
DLBs shall receive and review eligible applications, select applications
for grant awards, and monitor the subsequent performance of grantees;
and
(.5) The name. ;iddress and telephone number of a contact person with-
in each DLB. who can provide further information and an application
package.
(6) The grant selection criteria described in stibsection 7967(b).
(c) In addition to the items listed in subsection (a), a regional NOFA
shall include:
( 1 ) The amount of the regional allocation;
(2) Any restrictions imposed upon the use ol the funds by the terms of
the Statewide NOFA;
(3) Any priorities or restrictions imposed tipon the use of the funds pur-
suant to the approved LESS:
(4) The name, address and phone number of a contact person, who can
provide a copy of the LESS and the regional application;
(5) The grant selection criteria described in section 7967(c).
(d) A regional NOFA shall be provided by a DLB to all providers of
client housing and/or client services, within its region, including the pro-
viders on the list attached to the LESS, pursuant to subsection 7955(i)( I ).
NOT!-; Authority cited: Sections 50402. 5080 1 .5(a) and 50806.5. Health and Safe-
ty Code. Reference: Section 50802.5. Health and Safety Code.
History
1 . Repealer and new section tiled 3- 1 8-94 as an emergency; operative 3- 1 8-94
(Register94. No. 1 1 ). A Certificate ofCompliance must be transmitted toOAL
7- 1 8-94 or emergency language will be repealed by operation of law on the fol-
lowing day. For prior history, see Register 90, No. 32.
2. Repealer and new section retlled 7-8-94 as an emergency; operative 7-8-94
(Register 94. No. 27). A Certitlcate ofCompliance must be transmitted to OAL
by 1 1-7-94 or emergency language will be repealed by operation of law on the
following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certilicate ofCompliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section retlled 2-15-95 as an emergency; operative 2-15-95
(Register 95. No. 7). A Certificate ofCompliance must be transmitted to OAL
by 6-15-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-1.5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or eniergency language will be repealed by operation of law on
the following day.
6. Ceilifieate ofCompliance as to 6- 15-95 order including amendment of section
heading and section transmitted to OAL 6-26-95 and filed 7-12-95 (Register
95. N0T28).
§ 7959. Eligibility Requirements for Applicants and
Grantees.
(a) An agency of local government or a nonprofit corporation, which
provides or contracts with community organizations to provide emergen-
cy shelter or transitional housing, or both, is eligible to apply for program
funds, if the application demonstrates compliance with the eligibility re-
quirements of this section.
(b) A grantee shall inaintain continuous compliance with the require-
ments of this subchapter.
(c) As of the publication date of the Statewide NOFA, an applicant or
a grantee shall have provided client housing continuously each day
throughout the prior twelve months or, for cold-weather shelter provid-
ers, each day throughout the region's prior cold-weather season.
(d) An applicant or a grantee shall not require, as a condition of client
housing, participation by clients in any religious or philosophical ritual,
service, meeting, or rite.
(e) An applicant or a grantee shall not provide client housing in a man-
ner which denies benefits on the basis of race, religion, age, sex, marital
status, ethnicity, place of origin, physical or mental disability, or any oth-
er arbitrary basis. This section shall not be construed to preclude the pro-
vision of client housing designed to accommodate women or men only.
if) An applicant or a grantee shall not provide client housing or rental
assistance in a structure which contains any of the conditions of a substan-
dard building listed in section 17920.3 of the Health and Safety Code and
Page 424.2
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
^7961
shall comply with all applicable State and local constiLiction, inainlc-
nance and occupancy standards.
(g) An applicant or a grantee which provides emergency shelter and
related client services shall provide access to the shelter and services on
a lirst-come, first-served basis, lor whatever time periods are estab-
lished by the grantee.
(h) An applicant or a grantee providing emergency shelter to clients
shall nt)l:
( 1 ) Condition the provision ofemergency shelter on the receipt ol' pub-
lic or private payment vouchers or cash payment from the client:
(2) Reserve space in the emergency shelter for any person(s) except
as allowed by statute and described in subsection (i); or
(3) Deny shelter or services to any client due to the inability to pay.
(i) Notwithstanding the provisit)ns of subsections (g)and (h). a grantee
may accept payment vouchers provided through any otiier public or pri-
vate program for clients in emergency shelters so long as no shelter beds
are reserved beyond sundown for that puipose.
(J) An applicant or a grantee providing emergency shelter shall estab-
lish rules for client occupancy which shall:
( 1 ) Include a statement of the maximum consecutive number of days
during which a client is eligible to occupy the shelter:
(2) Be conspicuously posted at the emergency shelter.
(k) An applicant or a grantee providing transitional housing may
charge rent only if a minimum often percent of all monies collected for
each client are reserved to assist that client in moving to permanent hous-
ing. In addition:
( 1 ) The reserve of monies for each client must be accounted for sepa-
rately: and,
(2) If monies reserved for a client remain unused due to the absence
of the client for a year or more, the monies shall be used to assist another
client in moving to permanent housing.
(/) An applicant or grantee providing transitional housing shall dem-
onstrate that the housing meets all of the following tests:
( 1 ) Occupancy is limited to a maximum of two years: and,
(2) Every client is offered at least three types of self-sufficiency devel-
opment services such as job counseling or instruction, personal budget-
ing or home economics instruction, tenant skills instruction, landlordy'te-
nant law, victim's rights counseling, or apartment search .skills
instruction: and,
(3) Any client must participate in at least one self-sufficiency develop-
ment service offered by the client housing provider as a condition for re-
ceiving client housing: and,
(4) Every client accumulates funds to be applied to first and last
months' rent for permanent housing pursuant to subsection 79.S9(k): and,
(.S ) Every client is provided referrals or placements to permanent hous-
ing.
N(n h: Authorily cited: Sections 50402. 50801.5 and 50806.5. Health and Safety
Code. Relcrence: Sections .50801(e) and (h) and 50801.5. Health and Safety
Code.
History
1 . New .section filed .V 1 8-94 as an emergency: operative 3-1 8-94 (Register 94.
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL 7-18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency: operative 7-8-94 (Register 94.
No. 27). A Certificate of Compliance must be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the following
day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
milled to OAL by 2-28-95 or emergency language will be repealed by opera-
lion of law on the following day.
4. Repealer and new section refiled 2-1 5-95 as an emergency; operative 2-1 5-95
(Register 95. No. 7). A Ceitificale of Compliance must be transmitted to OAL
by 6-15-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new seclion rct'ilcd 6- 1 5-95 as an emergency; operative 6- 1 5-95
(Register 95. No. 24). A Certificate of Coinpliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
(he following day.
6. Certificate of Compliance as to 6-1 5-95 order including amendnieni of section
headinn and section transmitted to OAL 6-2(-i-95 and filed 7-12-95 (Kciister
95. No"^28).
§ 7960. Eligible Application.
(a) In order to be eligible for selection, an application shall:
(1 ) Be submitted by the deadline staled in the applicable NOLA:
(2) Be submitted to the address noted in the applicable NOFA:
(3) Be complete, pursuant to subsection (b): and
(4) Contain a certification by the applicant that all information v\ iihin
the application is a true and accurate representation of the eligible organi-
zation.
(b) A complete application shall consist of the following:
( 1 ) An authorizing resolution by the applicant's governing board t)f di-
rectors:
(2) A fully completed application accompanied by all applicable at-
tachments and any additional information requested in the respective
NOFA: and
(3) Any other information the DLB or the Department requires to de-
termine the eligibility of the applicant and the proposed acti\ities. to
evaluate or rate and rank the application, or to confirm that the applicant
is capable of successfully completing all activities.
NOTE: Authority cited: Sections 50402. 50801.5 and 50806.5. Health and Salei\
Code. Reference: Sections 50801.5(a) and 50802.5(b). Health and Safety Code.
History
1 . Repealer and new section tiled 3-18-94 as an emergency; operative 3- 1 8-94
(Register 94, No. 1 1 ). A Certificate of Compliance must be transmitted to OAL
7-1 8-94 oremergeney language will be repealed by operation oi'law on the lol-
lowing day. For prior history, see Register 85. No. 37.
2. Repealer and new section refiled 7-8-94 as an emergency: operative 7-8-94
(Register 94, No. 27). A Cenificale of Compliance must be transmitted lo OAL
by 1 1-7-94 or emergency language will be repealed by operation of law on (he
following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
l(J-31-94 (Regi.ster 94, No. 44). A Certificate of Compliance must he trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-1 5-95 as an emergency; operative 2- 1 5-95
(Register 95. No. 7). A Certificate of Compliance must be transmiKcd lo OAL
by 6-15-95 oremergeney language will be repealed by operation of law on the
following day.
5. Repealer and new .section refiled 6- 1 5-95 as an emergency; operative 6- 1 5-95
(Register95, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-1 5-95 order including amendment of seclion
and NoTt- transmitted lo OAL 6-26-95 and filed 7-12-95 (Register 95. No. 28).
§ 7961 . Eligible Use of Funds.
The use of grants of program funds shall be restricted to the following
eligible activities and allowable costs.
(a) Eligible activities for which grant funds may be used to defray the
costs of providing direct client housing include:
(1) Operating facilities to provide emergency shelter or transitional
housing:
(2) Acquiring, constructing, converting, expanding, or rehabilitating
emergency shelter or transitional housing sites pursuant to section 7966:
(3) Leasing facilities for emergency shelter or transitional housing:
(4) Administrative costs up to five percent of the total grant amount:
(5) Supervising and counseling clients:
(6) Residential rental assistance;
(7) Housing vouchers;
(8) Purchase of equipment: and
(9) Subcontracting with other eligible organizations to provide vouch-
ers for temporary shelter and/or to provide residential rental assisiimce.
(b) Allowable costs within operating facility grants include, but are no!
limited to, costs of:
(1) Supervisory and line staff who provide services directly to clients:
(2) Counseling clients and supervising the counseling .services:
(3) Utilities, telephone, office supplies, document duplication, print-
ins and mailing;
Page 424.3
Register95, No. 28; 7-14-95
§ 7962
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) RoLiline maintenance and repair (such as interior painting and
cleaning; repairs to heating, ventilating, air-condilioning, pliunbing, and
electrical systems; repairs of tenant damages; and other items noi consii-
tiiling a capital expenditure);
(5) Debt reduction, limited to no more than the one year's principle and
interest on I'ully-amortized installment loans, excluding any balloon
payments;
(6) Rent or lease payments for a shelter or transitional housing facility;
(7) Insurance and taxes;
(8) Administration (administrative staff and overhead costs up to five
percent of the grant amount);
(9) Costs of paying rents in arrears and costs of paying initial rents for
residential rental assistance in compliance with section 7964;
(10) Issuing vouchers for the purpose of leasing or renting individual
units, hotel rooms, or motel rooms for use as emergency shelter, pursuant
to subsection (a)(7), section 7965 and subject to the limitations of Health
and Safety Code section 50803(b) (i.e.. no more than 15% of an urban
county's allocation).
(11) Up to $20,000 per site for costs of capital development-type acti-
vities and equipment such as described in subsection (c).
(c) Allowable costs within capital development grants include, but are
not limited to costs of;
( 1 ) Site acquisition, such as purchasing land and improvements, pur-
chasing and moving an existing structure to the site, purchasing and mov-
ing a modular or manufactured structure to the site, necessary architec-
tural and engineering services, and escrow, title and other standard
closing costs;
(2) Site construction, rehabilitadon or conversion, such as materials,
labor, local government fees, and architectural and engineering services;
(3) Equipment required in the provision of client housing.
NOTE: Authoritv cited: Sections 50402, 50801 .5 and 50806.5, Health and Safety
Code. Reference: Sections 50801.5 and 50803, Health and Safety Code.
History
1 . New section tiled 3-18-94 as an emergency; operative 3-1 8-94 (Register 94,
No. 1 1). A Certificate of Compliance must be transmitted to OAL 7- 18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94,
No. 27). A Certificate of Compliance must be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the following
(lay.
3. [Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94, No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Fiepealerand new section refiled 2-15-95 as an emergency; operative 2-15-95
(Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6-15-95 oremergency language will be repealed by operation of law on the
ibllowing day.
5. Fiepealer and new secUon refiled 6-1 5-95 as an emergency; operative 6-1 5-95
(Register 95, No. 24j. A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).
§ 7962. Ineligible Use of Funds.
The grant of program funds shall not be used for costs associated with
activities in violation of any law nor for the following;
(a) The purchase of radios, televisions, and other appliances or equip-
ment for recreational purposes;
(b) Occupancy fees for clients in emergency shelters;
(c) Off-site costs, special requirements, assessments, or anything
more than is directly necessary for the development of emergency shelter
or transitional housing;
(d) On-site improvements beyond those directly necessary for the de-
velopment of emergency shelter or transitional housing (such as walls,
fencing, parking lots, and landscaping);
(e) To provide temporary housing for minor children separated from
their families due to a court order or an administrative order;
(f) To provide activities which do not directly provide client housing
such as drop-in or day centers, food and food services, general relief,
medical care, and transportation or child care (except as required by cli-
ents to participate in the self-sufficiency development services, or seek
employment or permanent bousing).
(g) Staff, other than the allowable administrative costs, not directly re-
lated to the provision of client housing such as security guards, food han-
dlers, and landscape personnel.
(h) To provide activities determined by the Departinent or a DLB to
be an ineligible, inefficient or ineffective use of grant funds as stated in
the applicable NOFA.
NOTR: Authority cited: Sections 50402. 50801.5 and 50806.5, Health and Safety
Code. Reterence: Section 50803. Health and Safety Code.
History
1 . Repealer and new section filed 3-1 8-94 as an emergency; operative 3-1 8-94
( Register 94. No. 1 1 ). A Certificate of Compliance must be transmitted to OAL
7-1 8-94 oremergency language will be repealed by operation of law on the fol-
lowing day. For prior history, see Register 85. No. 37.
2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94
(Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL
by 1 1-7-94 oremergency language will be repealed by operation of law on the
following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-1 5-95 as an emergency: operative 2-L5-95
(Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6- 1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-1 5-95 as an emergency; operative 6-1 5-95
(Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-1.V95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95. No. 28).
§ 7963. Operating Facility Grants.
(a) An operating facility grant includes any single eligible activity or
combination of eligible grant activities described in section 7961(a) in-
cluding combined capital development-type activities of up to $20,000
per site.
(b) Allowable costs for an operating facility grant are those identified
in sub.section 7961(b). and liinited to expenditures approved for eligible
activities completed within the term of the Standard Agreement.
(c) Tlie maximum operating facility grant shall be $50,000 per site.
(d) The term of an operating facility grant is 14 months from the effec-
tive date of the contract, and no extensions will be given.
NOTE: Authority cited: Sections 50402, 50801.5 and 50806.5, Health and Safety
Code. Reference: Section 50803, Health and Safety Code.
History
1 . New section filed 3-1 8-94 as an emergency; operafive 3-1 8-94 (Register 94,
No. 1 1). A Certificate of Compliance must be transmitted to OAL 7-18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency: operative 7-8-94 (Register 94,
No. 27). A Certificate of Compliance must be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the following
day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94, No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-1 5-95
(Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6- 1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new .section refiled 6-1 5-95 as an emergency; operative 6-1 5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-1 5-95 order including amendment of seefion
and NoTU transmitted to OAL 6-26-95 and filed 7-1 2-95 (Register95, No. 28).
§ 7964. Residential Rental Assistance.
The following requirements apply to the use of program funds under
an operating grant to provide residential rental assistance to clients.
Page 424,4
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
^ 7966
(II) The payment ol'rent in arrears shall not exceed one month's rem
jiliis a reasonable late charge. Program I'unds shall be used only if:
( 1 ) The client is unable to pay the rent in arrears and is threatened with
eviction; and
(2) No olhei' resources or assistance are available to pay the rent in ar-
rears: and
(3) The client has not received more than one EHAP payment of rent
arrears in the immediate past two years.
(b) The payment of initial rent shall consist of no more than the first
month's rem or the last month's rent, or both il' required as a condition
of the occupancy of permanent lK)using. Program funds shall be used
only if:
( 1 ) Nt)c)lherresourcesorassistanceareavailable to pay the initial rent:
and
(2) The client has not received more than one EHAP payment of initial
rent in the immediate past two years.
(c) Grant funds to be used for residential rental assistance shall be ac-
counted for separately.
(d) Interest earned on the gram funds set aside for rental assistance
shall be ct)ntinuoiLsly credited to the rental assistance account.
(e) Prior to providing residential rental assistance, the grantee shall
\erify that:
( 1 ) The client is eligible to participate in the program and has income
sufficient to pay the monthly rent: and
(2) An appropriately sized and priced rental unit is available and suit-
able for occupancy by the client.
( f) The client shall not have direct use of grant funds. Grant funds shall
be disiribuled directly from the grantee to the landlord.
(g) A grantee providing residential rental assistance shall:
( 1 ) Make determinations regarding the eligibility of clients based upon
a written application from the client:
(2) Provide information to clients on the tenant-landlord relationship,
on the appropriate treatment of rental property, on appropriate behavior
within the neighborhood, and on the importance of timely rental pay-
ments: and
(3) Provide staff who shall be reasonably available to landlords and
tenants to answer questions or complaints about the program.
NoTI.; Authority cited: .Sections .S()402, 5080! .5 and .^0806..^. Health and Saleiy
C\)dc. Rclcrcncc: Section 50803. Health and Safety Code.
History
1 . Repealer and new .section tiled 3- 1 8-94 as an cnicrgency ; operative 3- 1 8-94
(Register 94. No. 1 1 ). A Ceilitlcate of Compliance must be transmitted toOAL
7- 18-94 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Repealer and new section retlled 7-8-94 as an emergency: operative 7-8-94
(Register 94. No. 27). A Certificate of Compliance must be transmitted toOAL
hy I 1 7-94 or emergency language will lie repealed by operation of law on the
ri)llov\ing day.
3. Repealer and new section refiled 10 31-94 as an emergency: operative
10-31-94 (Register 94. No. 44). A Cenifieate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2- 1 5-95 as an emergency; operative 2- 1 5-95
( Register 95. No. 7). A Cenifieate of Compliance must be transmitted to OAL
by 6-15-95 oremergency language will be repealed by operation of law on the
following day.
5. Repealer and new sect ion refiled 6- 1 5-95 as an emergency; operative 6- 1 5-95
( Register 95. No. 24). A Cenifieate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Cenifieate of Compliance as to 6- 1 5-95 order including amendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Reeister 95. No. 28).
§ 7965. Leasing or Renting Rooms with Vouchers.
The following requirements apply to the use of program funds to pro-
vide vouchers to lease or rent temporary housing for clients:
(a) Eligible temporary housing includes apartments, motel rooms, ho-
tel rooms, rental rooms in a single-room occupancy staicture. single-fa-
mily homes, and manufactured homes or mohilhomes.
(b) Vouchers for temporary housing may also be use to pay rental lees
for spaces at a special occupancy park which is defined by section
18216.1 of the Health and Safety Code as a recreaiioniil vehicle park,
temporary recreational vehicle park, incidental c;imping area, or tent
camp.
Noil.: AuthontN cited: Sections 50402. 50801.5 ant! 50806.5. Health and Safetv
Code. Reference: Sections 18216.1 and 50803. Health and .Safely Code.
HiSiORY
1. New section filed ,V|8-94 as an emergency: operative 3-18-94 (Register 94.
No. 1 1 ). A Cenifieate of Compliance must be transmitted to OAL 1- 18 94 oi
emergency language will he repealed by operation of lau on the follow ing da\ .
2. New section lefiled 7-8-94 as an emergency: operative 7 8-94 (Registci 94.
No. 27). A Cenifieate of Compliance must be transmitted to OAL b\ 1 1 7 94
oremergency language will be repealed b\ operation ol law on the lollov\ing
day.
3. Repealer and new section refiled 10-31-94 as an emergene\: opeiatne
10-31-94 (Register 94. No. 44). A Cenifieate t)l Compliance must be trans-
mitted to OAL by 2-28-95 oremergency language will be repealed by opera-
tion of law on the Ibllowing day.
4. Repealer and new section refiled 2-15-95 as an emergency: operative 2-1 5 95
(Register 95. No. 7). A Cenifieate of Compliance must be transmitted to OAL
by 6-15-95 oremergency language will be repealed by operation of lau on the
following day.
5. Repealer and new section refiled 6-15-95 as an emergency: operative 6- 1 5-95
(Register95. No. 24). A Cenifieate of Compliance must he transmitted to ( )AL-
by 10-13-95 oremergency language will be repealed by operation of law on
the following day.
6. Cenifieate of Compliance as to 6- 15-95 order including amendment of section
and NoTi: transmitted to OAL 6-26-95 and filed 7- 1 2-95 ( Reeisler 95. No. 28 ).
§ 7966. Capital Development Grants.
(a) A capital development grant includes any single eligible activity
or combination of eligible activities described in section 7961(a)(2) and
(8). for which these combined costs at a single site exceed $20. (KM).
(b) Allowable costs for a capital development grant are those idenli-
tled in subsection 7961(c). and limited to expenditures for approved eli-
gible activities completed within the term of the standard agreement.
(c) The maximum capital development grant shall be $ 1 .50. 00 per site.
(d) The term of a capital development grant is 24 months from the ef-
fective date of the contract, with the possibility of a one-year extension
pursuant to section 7970(c)(2).
(e) Applications for capital development grants must be made sepa-
rately from applications for operating facilities grants.
(f) For regions where the DEB is authorized to select capital develop-
ment grant applications, such apjilications shall be submitted to the DEB
for selection pursuant to this subchapter and the approved EE.SS.
(g) For regions where there is no l^EB, or the DEB is not authorized
to select capital development grants, capital development grant applica-
tions shall be submitted to the Department for determination of eligibil-
ity, rating and ranking. These applications shall provide the informatit)n
necessary for the Department's evaluation pursuant to subsections ( i ) and
7967(b).
(h) For regions where the DEB is not authorized to select capital devel-
opment grants, the DEB may elect to preclude applications for capital de-
velopment grants, provided this determination and the treatment of any
capital development grant allocation is identified in the EE.SS.
(i) A capital development project shall be deemed feasible, wheie an
evaluation by the RTE, as applicable, demonstrates and certifies to all of
the following:
( 1 ) The legal status, finances and projected cash-llow, technical feasi-
bility, and the accuracy of the project's schedule demt)nstraie the pix)ba-
biliiy of a successful completion of the project;
(2) The project's design and materials and the propo.sed labor needs
and costs demonstrate that the project is devoid of non-essential or
luxury design or materials;
(3) The current ownership and potential ownership of the real property
demonstrate that control of the real property is sufficient to enable the
project to be completed and to be operated for at least five years beyond
completion, without jeopardizing the Department's security:
Page 424.5
Register 95, No. 28; 7-14-95
§ 7967
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) The proposed schedule corresponds with ihe scope o\' the project
mid demonstrates that the project shall be completed within the term of
the grant.
(5) The management team proposed I'orthe jiroject has the experience
and ability to efficiently and successfnlly com|Mete the project as pro-
posed.
Norr,: Authonlv cited: Sections .S04()2. .SOSOI.S and .S()8()6..S. Health and Sal'civ
Code. Rclcrence: Sections 50X02.5. 50X0."^ and 50804.5. Health and Salet\ Code.
His I OR Y
1. Repealer and new section filed 3- 18-94 as an emergency: operative 3-18-94
(Register 94. No. 1 1 ). A Certilleale of Compliance must be transmitted loO.-Xf.
7-] 8-94 orcmergeney language will be repealed by operation of law on ihe fol-
lowing day.
2. Repealer and new section refiied 7-8-94 as an emergency: operative 7-8-94
(Register 94. No. 27). A Certificate of Compliance must be transmitted toOAL
by 1 1-7 -94 or emergency language will be repealed by operation of law on the
lollowing day.
.3. Repealer and new section refiied 10-31-94 as an emergency: operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new .section refiied 2- 1 5-95 as an emergency: operative 2- 1 5-95
(Register 95. No. 7). A Certificate of Compliance must be transmitted to OAL
by 6-15-95 oremergency language will be repealed by operation of law on the
lollowing day.
5. Repealer and new section refiied 6- 1 5-95 as an emergency: operative 6- 1 5-95
(Register 95. No. 24). A Cenificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-L5-95 order including amendment of section
transmitted to OAL 6-26-95 and fded 7-12-95 (Register 95. No. 28).
§ 7967. Grant Selection Process.
(a) A grant selection process shall involve eligible applications re-
ceived by a DLB or ihe Department in response to the applicable NOFA.
(b) Each of the following selection criteria shall be specified in the
Statewide NOFA:
( 1 ) The applicant's capability of achieving the activities and results
proposed in the application. An applicant's capability will be evaluated
based on such items as its history of providing client housing; organiza-
tional structure and staffing; experience of establishing, administering,
and successfully completing homeless programs; experience of public
and private fundraising and resource development; established financial
management systems; financial stability and solvency; and demonstrated
ability and readiness for accomplishing its proposed activities.
(2) The impact and effectiveness of the client housing provided and
proposed to be provided by the applicant. Impact and effectiveness will
be evaluated based on such items as the range and quality of client hous-
ing provided, including the self-sufficiency development services pro-
vided with transitional housing; how the proposed activity(ies) address
community needs; and the demonstrated effectiveness of the applicants'
current and proposed programs to move homeless persons into a self-
supporting environment.
(3) The cost-efficiency of the proposed use ol" grant funds for provid-
ing client housing. Cost efficiency will be evaluated based on such items
as the type and amount of client housing provided compared to the proj-
ect budget; the demonstrated availability of other financial resources be-
sides EHAP to support achievement of the proposed activity(ies); the
need for EHAP funds; leveragingof EHAP with other funds; non-dupli-
cation of services; and coordination with other organizations.
(c) Each of the following selection criteria shall be specified in the re-
gional NOFA;
(1 ) The applicant's capability of achieving the activities and results
proposed in the application;
(2) The impact and effectiveness of the client housing provided and to
be provided by the applicant;
(3) The cost-efficiency of the proposed use of grant funds for provid-
ing client housing;
(4) The extent to which the local needs, goals and priorities identified
in the LESS are met and achieved, respectively, by the applicant's pro-
posed activities; and
(5) Any additional criteria as identified in the LESS approved by the
Department pursuant to section 7956.
(d) The Department or DLB. respectively, shall provide in the NOFA
the subcriteria and the point system to be used for selecting grantees for
awards from that allocation.
(e) Applications shall be individually rated and then ranked in de-
scending order. Funds will be awarded to eligible applicants in each re-
gion in descending rank order for the amount requested in the corre-
sponding eligible application, until the remaining funds are insufficient
to I'ully fund the next highest ranked application(s). Then.
( 1 ) The next highest rated and ranked unfunded application following
the full funding of the highest rated and ranked applications shall be par-
tially funded if the funded activities can be adequately completed with
the EHAP funds awarded.
(2) in the event of a tie for applicants in the lowest-ranked position to
be funded, the Department or DLB. as applicable, will review the tied
applications again and break the tie before continuing the award process.
(f) Each application submitted to a DLB for a capital development
grant shall be evaluated by an RTF. which shall:
( 1 ) Determine whether the application is feasible, pursuant to a com-
petent, comprehensive evaluation pursuant to the standards provided in
subsection 7966(i); and
(2) Provide a written and certified summary of its evaluation and deter-
mination, and append this to the application.
(g) A DLB shall make the final rating and ranking of eligible applica-
tions in sufficient time to allow for appeals prior to the date the DLB
transmits the subsequent initial grant selections to the Department for
confirmation.
(h) A DLB shall transmit the initial grant selections to the Department
for confirmation no later than 1 50 days after the date the LESSes are due
for the annual allocations from which the selections were made. Up to a
30-day extension of the deadline may be granted by the Department
upon written request by the DLB for circumstances beyond DLB control.
NOTE: Authority cited: Sections 50402. 50801 .5 and 50806.5, Health and Safety
Code. Reference: Section 50802.5. Health and Safety Code.
History
1 . New section Hied 3-1 8-94 as an emergency; operative 3- 1 8-94 (Register 94.
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL 7-18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiied 7-8-94 as an emergency: operative 7-8-94 (Register 94.
No. 27). A Certificate of Compliance must be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the following
day.
3. Repealer and new section refiied 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certitkate of Compliance mu.st be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiied 2-15-95 as an emergency; operative 2-15-95
(Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6- 1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiied 6-15-95 as an emergency; operative 6-1.5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-fV95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate ol Compliance as to6-15-95 order including amendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95. No. 28).
§ 7968. Appeal Process.
(a) Any applicant shall be entitled to appeal the grant selection activi-
ties or other activities of the DLB for the region it serves and to which it
applied, by submitting a written petition for a hearing lo the DLB within
seven days following the date the DLB makes the final rating and ranking
of eligible applications available to the public.
( 1 ) The written pefition shall;
(A) Provide the name, address and telephone number of the petitioner;
(B) Cleariy describe each acUvity disputed;
(C) Cleariy explain why the activity is disputed; and
Page 424.6
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
5^7969
(D) Slate Ihc remedy the pctilioner is seeking.
(2) Upon receipt ol'lhe complete petition, the DLB shall set a time and
place lor a hearing and shall provide the pctilioner with written notice of
the scheduled hearing. The hearing shall be scheduled tor a date no more
than fifteen days following the date ol' the petition.
(.■^) The hearing shall provide the petitioner with the opportunity to he
heard and io show cause why the DLB's grant selection or other activity
is disputed and why the remedy sought is appropriate.
(4) Within seven days following the hearing, the DLB shall provide the
petitioner with a written determination of the appeal.
(b) A petitioner who has received a negative determination from a
DLB shall be entitled to appeal to the Department for a review olthe de-
termination if the appeal is regarding the DLB's failure to follow the pro-
cedures established in the LESS or for violating the program regulations
or statute. The petitioner's written petition must he received for review
by the Department, within ten days after the petitioner's receipt of the
DLB's determination of its appeal, or upon failure of the DLB lo follow
the appeal procedures contained in the LESS.
( 1 ) The written petition shall:
(A) Include the information listed in subsection (a)(J);
(B) Clearly explain why the activity continues lo he disputed; and
(C) Include copies of the original petition lo the DLB. the determina-
tion issued by the DLB, and all documentation the petitioner possesses
that is relevant to the appeal.
(2) Upon receipt of ihe petition, Ihe Department shall determine
whether the petition challenges the judgment or the procedures of the
DLB.
(A) if the Department determines that the petition challenges the judg-
mem of the DLB, or challenges the procedures established in the ap-
proved LESS approved by the Department, the Department shall deny
the petition.
(B) If the Department determines that the challenge in the petition is
thai the procedures used by the DLB were not established in the LESS
approved by the Department, the Department shall review the records
and the petition and shall issue a written determination within 2 1 days of
the receipt of the appeal petition.
(C) If the Department determines thai the procedures established in the
LESS approved by the Department were not followed, the Department
shall issue a written determination to that effect and shall initiate correc-
tive action.
(3) Corrective action shall include, as appropriate, imposing restric-
tions on the activities of the DLB or requiring the DLB to repeal the gram
selection process and/or revoking the designation of the locaJ board.
(c) Any applicant from a region without a DLB shall be entitled to ap-
peal the grant selection activities of the Department by submitting a writ-
len petition lo the Department. The petition must be received wiihin ten
days following the dale the Department makes the final rating and rank-
ing of eligible applications available to the public.
( 1 ) The written petition shall include the information listed in subsec-
tion (a)(1),
(2) Within 21 days of receipt of Ihe petition, the Department shall re-
spond in writing to the petition and make a determination based on the
information available.
(3) Each determination shall clearly state the findings upon which the
Department's determination is based, and identify any corrective action
to be taken.
NCVFL: Aiithontv cited: Sections .S()4()2. 50801 .5 and 50806. .5, Health and Sateiy
CcKJc. Rclercncc: Sections .5080 L5. 50802.5 and 50803.5. Health and Salety
Code.
History
1 . Repealer and new section filed 3-1 8-94 as an emergency: operative .3-1 8-94
(Register 94. No. 1 1 ), A Certificate of Compliance must be transmitted toOAL
7-1 8-94 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94
(Register 94. No. 27). A Certificate of Compliance must be transmitted toOAL
by 1 1-7-94 or emergency language will be repealed by operation ol lav\ on the
following day.
3. Repealer and new section refiled 10-31-94 as an enicrgency: operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must he trans-
mitted to DAL by 2-28-95 or emergency language will be repealed by opera-
tion ol law on the following day.
4. Repealer and new section retiled 2- 15-95 as an emergency: operative 2-\5 M5
(Register 95, No. 7). A Ceilillcate ol Compliance must he transmitted to OAL
by 6-15-95 or emergency language will be repealed hy operation of law on liic
folhwing day.
5. Repealer and new section refiled 6- 1 5-95 as an emergency: operative 6- 1 5-95
(Register 95. No. 24). A CeUiricate of Compliance must he transmitted toOAl-
hy 10-13-95 or emergency language will be repealed hy operation of law on
the following day.
6. Certificate ol Compliance as to 6-1 5-95 order including amendment ol section
headine and section transmitted to OAL 6-26-95 and filctl 7- 1 2-95 ( Reuisiei
95. N0T28).
§ 7969. Confirmation Process for Initial Grant Selections
of a Designated Local Board.
(a) All grant selections made by DLBs shall be subject to confirmation
by the Director.
(b) The transmittal of initial grant selections by a DLB lo the Deparl-
ment shall include all of the following;
( 1 ) An overview of the DLB actions taken on all applications,
(A) Organized into three groups: those applications deemed ineligible,
those deemed eligible and selected for funding, and those deemed eligi-
ble but not selected for funding; and
(B) Identifying each application by applicant name, grant type, grant
amount requested, eligibility, the rate and rank achieved by each eligible
application during the selection process, and the DLB's initial funding
determination; and
(C) Providing, for each application deemed ineligible, an explanation
of the basis for that determination; or
(D) Providing, for each application deemed eligible a summary of the
score achieved on each criterion, and the proposed grant amounl.
(2) A certification by the DLB that it complied with the LESS as ap-
proved by the Department;
(3) For each application for a capital development grant, certified co-
pies of the evaluations and determination of the RTE as required hy sub-
section 7966(hj. including copies of all supporting documentation upon
which the evaluations and determination are based;
(4) For all applications recommended for funding, certification thai
the DLB reviewed and identified no irregularities with,
(A) The ehgibility of the applicants, applications, and activities rec-
ommended for funding;
(B) The applicant's fiscal records for the prior fiscal year;
(C) The proposed client housing and/or client services and intake pro-
cedures;
(D) The availability of the additional operating funds necessary lo pro-
vide the proposed client housing; and
(E) Conformance with regulations.
(c) If the transmittal is incomplete, the Department shall notify the
DLB in writing within 20 days and shall include specific requests for ad-
ditional documentation.
(d) If the transmittal is complete but a portion ol' one or more of the
selected applications is found to be ineligible (such as an ineligible activ-
ity), the Department shall notify the DLB and may adjust the application
to eliminate the problem if this adjustment docs not affect the DLB's
overall funding recommendations.
(e) Within 45 days of the receipt of a complete transmittal of initial
grant selections from a DLB, the Department shall provide written notifi-
cation to the DLB and to each applicant selected by the DLB of one of
the following determinations;
(1) The selection by the DLB is confirmed; or
(2) The DLB's application selection is confirmed with specified con-
ditions; or
(3) The DLB's applicant selection is not confirmed.
Page 424.7
Bister95, No. 28;7-14-95
§ 7970
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NoTI.: Authority cited: Sections 50402. 50801.5 and 50806.5. Health and .Salelv
Code. Rererence: Section 50802.5. Health and Safety Code.
History
1. New section filed 3-18-94 as an emergency: operative .VI 8-94 (Register 94.
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL 7-1 8-94 or
emergency language will be repealed by operation of law on the lollowing day.
2. New section rellled 7-8-94 as an emergency; operative 7-8-94 (Register 94,
No. 27). A Ceilificate of Compliance must be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the following
ilay.
}. Repealer and new section rel'iled 10-31-94 as an emergency: operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will he repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency: operative 2-15-95
(Register 95. No. 7). A Certificate of Compliance must be transmitted to OAL
by 6-1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-1 5-95 as an emergency; operative 6-1 5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-1 5-95 order includine ainendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95. No. 28).
§ 7970. Grantee Contract Requirements.
(a) Following a grant award by the Director, the Department shall con-
tract directly with the grantee. The contract shall he known as the "stan-
dard agreement" and shall include the items specified in this section.
(b) The following information shall appear in each standard agree-
ment:
( I ) A clear and accurate identification of the grantee and the Depart-
ment;
1 2) The timeframe for the performance of the approved project activi-
ties:
(3) The amount of the grant, clearly expressed as the inaximum
amount, and the basis upon which payment is to be made; and
(4) A clear and complete statement of the activities and services the
grantee will perform and provide.
(c) Timeframes for the performance of approved project activities
shall be as follows:
(1 ) Approved project activities for operating facility grants shall com-
mence within two months of the effective date of the standard agreement
and shall be completed within fourteen months of the effective date of the
standard agreement. No extension of this contract term shall be granted.
(2) Approved project activities for a capital development grant shall
commence within six months of the effective date of the standard agree-
ment and shall be completed within two years of the effective date of the
standard agreement.
(A) The commencement of project activities for a capital development
grant shall mean either closing escrow on the purchase of a facility or ac-
quiring a building permit for construction, conversion or rehabilitation.
(B) The completion of project activities for a capital development
gratit shall mean acquiring a certificate of occupancy, where applicable.
(C) If requested by the grantee, the Department may approve an exten-
sion to a standard agreement for a capital development grant not to ex-
ceed twelve months, if the Department finds that such an extension is es-
sential for the successful completion of approved project activities.
(d) Each standard agreement shall provide that a grantee shall request
and receive grant payments only under conditions which protect the De-
partment's interests.
(e) The following performance requirements shall appear in each stan-
dard agreement and shall include additional provisions specific to each
grantee:
(1) That the grantee shall submit to the Department and the DLB, as
applicable, reports on the progress toward the completion of approved
activities during the term of the standard agreement;
(2) That the grantee shall maintain accounUng books and records in ac-
cordance with generally accepted accounUng standards;
(.3) That the capital development grantee shall provide the Department
with a security interest in any real or personal property acquired or im-
proved with program funds. The security interest shall be sufficient to
secure the continued compliance by the grantee with specified terms of
the standard agreement.
(f) The standard agreement may require monitoring utilizing a work-
plan prepared by the grantee as part of its application and incorporated
by reference as part of the standard agreement.
NOTE; Authority cited: .Sections 50402. 50801 .5 and 50806.5. Health and Safety
Code. Reference: Section 50802.5(e). Health and Safely Code.
History
1 . Repealer and new section filed .3-1 8-94 as an emergency: operative 3-1 8-94
( Register 94. No. IDA Certificate of Compliance must be transmitted to OAL
7- 1 8-94 or emergency language will be repealed by operation of law on the fol-
lowing day
2. Repealer and new section refiled 7-8-94 as an emergency: operative 7-8-94
(Register 94, No. 27). A Ceilificate of Compliance must be transmitted to OAL
by 1 1 -7-94 or emergency language will be repealed by operation of law on the
following day.
3. Repealer and new section refiled 10-31-94 as an emergency: operative
10-31-94 (Register 94, No. 44). A Certificate of Compliance mu.st be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion oi'law on the following day.
4. Repealer and new .section refiled 2-15-95 as an emergency; operative 2-15-95
(Register 95. No. 7). A Certificate of Coinplianee must be transmitted to OAL
by 6-15-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-1 5-95 as an emergency; operative 6-1.5-95
(Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-1 3-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-1 5-95 orderineludinaamendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).
§ 7971. Procedures and Requirements for Procuring
Contracts for Services or Materials Under a
Capital Development Grant.
(a) Each grantee awarded a capital development grant shall ensure that
the requirements of this secfion are complied with
( 1 ) In all its contracts or subcontracts for services and materials to be
paid for with grant proceeds; and
(2) By all its contractors and/or subcontractors providing or contract-
ing for services and/or materials to be paid for with grant proceeds.
(b) Prior to the disbursement of grant funds for any contract for ser-
vices or materials required for eligible activities under a capital develop-
ment grant, all construction or service contractors or subcontractors shall
provide evidence saUsfactory to the Department, of compliance with the
requireinents of this secfion.
( 1 ) The grantee shall provide to the Department copies of the proposals
from consultants and/or contractors for the Department's review and ap-
proval.
(2) The Department's review and approval shall be based on the pro-
posed budget, the applicant's experience, the price of the services, and
related factors, and shall be completed within 15 days of receipt of com-
plete information from the grantee.
(c) No contract or subcontract using EHAP funds in excess of $25,000
shall be awarded without the prior review of the Department and without
written approval from the Department. The Department shall not unrea-
sonably withhold approval of said contracts.
(d) Each grantee entering into contracts for construcfion or rehabilita-
tion services or materials shall have;
(1) Written bidding procedures and shall have invited bids from as
many prospective bidders as is pracfical;
(2) Awarded the contract to the lowest responsible bidder or shall have
rejected all bids;
(3) Established a method of monitoring the contract; and
(4) Maintained and make available to the Department detailed records
and accounts of contracts for services and or the purchase of materials.
(e) Each contract for constmcfion or rehabilitation services or materi-
als shall coinply with all apphcable program requirements and all appli-
cable terms and provisions of the standard agreement.
Page 424.8
Register 95, No. 28; 7-14-95
Title 25
Department of Housing and Community Development Programs
i}7974
(f) Fuicli conlmcl sliall include a punision staling; ihal the records of
llie contiacliiig parties shall be subjecl to audit hy the Department for a
perie)d of five years alter the termination ol'tlie Standard Agreement.
(g) Each ct)ntract shall include a provision stating the method and
schedule of payments and shall provide lor the retention of an amoiuii of
nol less than ten percent from each progress payment, until such time as
the lien-free completion of the project is ensured.
(h) Each conslruclit)n or rehabilitation contract of $25. ()()() or more
shall include a security pro\ision requiring the contractor to provide a
performance and payment bond or an alternate, yet equivalent, form of
security, such as a letter of ciedit.
( I ) Any form of security, required of such a contractor and/or a suh-
ct)ntractor. other than a performance and payment bond, is subject to the
prior review and approval of the Department.
(2) The security shall be in an amount equal to one-himdred percent
of the amount of the successful bid.
(i) Each construction or service contractor or subcontractor shall he
appropriately licensed by the California State Contractors Licensing
Hoard and shall be insured as required by Slate law.
(j) The grantee shall establish procedures which ensure that disburse-
ments are properly expended by. or on behalf of. the grantee. Such proce-
dures shall include:
( 1 ) Performing on-site inspections of the construction or rehabilita-
tion work; and
(2) Using progress inspection reports as the basis for issuing payments
to contractors or subcontractors.
Noii: Aulhorily citeci: .Sections .S()4()2. .-SOSOl.S and .S()H()6.5. Health and Safely
Code. Rclercnce: Seelit)n .'iOX()2.5. Health and Salety Code.
HtSTORY
1 . Now section llicd 3- 1 X-M4 as an cnicigcncy; operative .V] 8-94 ( Register 94.
No. I I ). A Cciiificale ol Compliance must be transmitted to OAL 7-18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94.
No. 27). A Ceilificate of Compliance must be transmitted to OAL by 1 1-7-94
or emepjcnev laneuaue will be repealed by operation of law on the lollowint;
day.
^. Repealer and new section retiled 10-, 3 1-94 as an emergency; operative
l()-.31-94 (Register 94. No. 44). A Cenilleale of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
lion ot law on the following day.
4. Repealer and new section refiled 2- 1 .5-9,5 as an emergency; operative 2- 1 5-95
(Register 95. No. 7). A Ccrtifieale of Compliance must be transmitted lo OAL
by 6 - 1 5-95 or emergency language will be repealed by operation of law on the
tollowing day
5. Repealer and new section refiled 6-1 5-95 as an emergency; operative 6- 1 ,5-95
(Register 95. No. 24). A Certificate of Compliance must be transmitted lo OAL
hy 10-1,^-95 or emergency language will be repealed by operation of law on
the tollowing day.
6. Ceilificate of Compliance as to 6-1 5-95 order including amendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95. No. 28).
§ 7972. Requirements for Construction, Conversion or
Rehabilitation Performed by the Grantee.
(a) A grantee, which chooses to perform all or part of the labor and/or
to provide all or part of the materials necessary to construct or rehabilitate
the approved project, shall comply with the requirements of this section.
(b) Grant proceeds shall not be used to pay any family member of any
perst)n on the board of directors or staff of the grantee.
(c) The grantee shall enter into a written contract with each subcon-
tractor, pursuant to the requirements of section 7971.
Nort.: Authoritv cited: Seetitms 50402. 50801.5 and .50806.5. Health and Safetv
Code. Relerenee: Sections 50802.5 and 5080,\ Health and Safety Code.
Hl.StOi^Y
1 . Repealer and new section tiled ,V 18-94 as an emergency; operative ,^-18-94
(Register 94. No. 1 1 ). A Certificate of Compliance must be transmitted to OAL
7- 1 8-94 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94
(Register 94. No. 27). A Certificate of Compliance must be transmitted to OAL
by I 1-7-94 or emergency language will be repealed by operation of law on the
following day.
}. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certitlcale of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language w ill be repealed by ojieia-
tion of law on the lollowing day.
4. Repealer and new section refiled 2-1 5-95 as an emergency; operative 2 15 95
(Register 95. No. 7). A Ceilificate of Compliance must be transmitted to OAL
by 6-1 5-95 or emergency language will be repealed by operation of hw on the
following day.
5. Repealer and new section refiled 6- 1 5-95 as an emergenc> ; operative 6 I 5-95
(Register 95. No. 24). A Ceriiticaleol Compliance must be transmitted loO.AL
by 10-13-95 or emergency language will be repealed b\ operation ol law on
the following day.
6. Cenilleale ofConiplianee as to 6- 1 5-95 order transmitted lo OAL 6-26 95 ami
tiled 7-12-95 (Register 95. No. 28).
§ 7973. Budget Changes.
(a) After the award is made, tfie Department may approve changes to
a project budget provided the requested budget change complies with ei-
ther subsection (b) or (c).
(b) The proposed budget change:
( 1 ) Does not substantially change the specific clients ser\ed by the ap-
proved project activities: and
(2) Continues to meet the priorities and criteria imposed during the re-
spective grant selection process; and
(,3) Results in a product, substantially the same as the originally-ap-
proved product, that costs the same as or less than the originally propo.sed
product; and
(4) Will be completed by substantially the same date as allowed forthe
originally proposed product.
(.5) In competitive regions, does not affect the list of awarded applica-
tions in a manner which would cause any application to be added to or
removed from the list.
(c) The proposed budget change will result in a significant increase in
benefits related to the local program.
NOTt:: Authority cited: Sections 50402, 50801,5 and 50806.5. Health and Safel\
Code. Reference: Sections 50802.5 and 50804.5. Health and Salety Code
Hi. STORY
1. New section tiled ,3-18-94 as an emergency; operative 3-18-94 (Register 94.
No. 1 1 ). A Certificate ofConiplianee must be iransmilled loOAL 7-18-94 or
emergency language will be repealed by operation of law on the lollowing day.
2. New section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94.
No. 27). A Certitlcale ofConiplianee must be transmitted lo OAL by 1 1 7-94
or emergency language will be repealed by operation ol law on the follow ing
day.
3. Repealer and new section refiled 10-31-94 as an emergency: operative
10-31-94 (Register 94. No. 44). A Cenilleale of Compliance must be irans-
mined to OAL by 2-28-95 or emergency language will be repealed hy opera-
lion of law on the following day.
4. Repealer and new section refiled 2-1 5-95 as an emergency; operative 2 1 5-95
(Register 95, No. 7). A Cenifieale ofConiplianee must be iransmilled to OAL
by 6-15-95 or emergency language will be repealed by operation ol law on the
following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6- 15-95
(Register 95, No. 24). A Ceilitleale ofConiplianee must he transmilted loOAL
by 10-1.3-95 or emergency language will be repealed by operation ol law on
the following day.
6. Cenifieale ofConiplianee as to 6- 15-95 order including amendment ol section
iransmilled to OAL 6-26-95 and tiled 7-12-95 (Register 95. No. 28)
§ 7974. Disbursement Procedures.
(a) Funds shall be disbursed on the basis described in the standard
agreement.
(b) For capital development grants, the Department may require the
grantee have an escrow account, a construction fund control account, or
a comparable type of account for acquisition, constmction, conversitin
and rehabilitation activity, as applicable.
(c) The Department may rely on the grantee's certification that expen-
ditures claimed in a request for disbursement are eligible and necessary,
provided that the grantee also certifies that detailed supporting documen-
tation verifying each expenditure is available and shall be retained by the
grantee for five years after the termination of the standard agreement.
(d) Upon receipt and review of acceptable documentation the Depart-
ment may provide an initial advance disbursement of up to fifty percent
of the grant amount for operating expenditures. Advances are not per-
mitted for capital development-type expenditures.
Page 424.9
Register 2001, No. 19; 5- II -2001
§7975
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) As necessary, ihe Dcpartmenl shall esiablish mininiuni dishursc-
iiicnl anioLinls or other relaled procedures necessary lor the elTicicnl ad-
minislralion of the program.
(0 Ha grantee uses program funds for the costs ofineligible activities,
the grantee shall be required to reimburse the funds to the EHAF and shall
be prohibited from applying lor subsequent allocations until fully repaid.
NOTI:: Authority cited: Sections 50402. .50801 ..S and 50X06.5. Health and .Salctv
Code. Rclcrencc: Sections 50X02. 5 and 5080.^. Hcahh imd Safety Code.
HlSlOR^•
1. New section Hied 3-18-94 as an emergency; operative .3-18-94 (Re!:isier 94.
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL 7-1 S-94 or
emergeney language will be repealed by operation of law on the follow ing da\ .
2. New section retlled 7-8-94 as an emeigency: operative 7-8-94 (Register 94.
No. 27). A Ceilificate ol' Compliance must be transnntled to OAL by 1 1-7-94
or emersencv laneuaee will be repealed bv operation of law on the following
day.
.3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-1 5-95 as an emergency; operative 2- 1 .5-95
(Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6- 1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6- 1 5-95 as an emergency; operative 6- 1 5-95
(Register 95. No. 24). A Certificate ol Compliance must be transmitted to OAL
by 1()-1.V95 or emergency language will be repealed by operation of law on
the following day.
6. ("eilificate of Compliance as to 6-1 5-95 order including amendinent of section
and Noil transmitted to OAL 6-26-95 and filed 7-1 2-95 ( Remster95. No. 28).
§ 7975. Monitoring Grant Activities and Closing-out
Grants.
I a) Each DLB shall monitor the subsequent activities funded by grants
from an allocation to the DLB's region.
lb) The Department shall monitor activities funded by grants selected
and awarded by the Departrnent pursuant to a Statewide NOFA or where
the DLB's designation has been terminated and it has transferred its re-
cords to the Department per section 7953(j)and may monitor grantees in
DLB regions pursuant to the terms of the standard agreement.
( c) When a DLB is responsible for monitoring grant performance, the
DLB may review and approve each request for disbursement from grant
funds prior to submittal to the Department for review, approval, and pay-
ment.
(d) A DLB shall report immediately to the Department
(1) Any failure by a grantee to comply with the requirements of the
program and/or the standard agreement; and
(2) Any need for the Department to halt the disbursement of grant
funds or to halt activities futided by a grant.
(e) In order to close-out a grant the grantee shall:
( 1 ) Provideasummary of the activities serving clients during the peri-
od of the grant, an estimate o( the number of clients served with EHAP
funds, and the corresponding expenditures for each approved eligible ac-
tivity; and
(2) Demonstrate that all expenditures are supported by invoices and
receipts.
(f) If a DLB supervises the close-out activities, the DLB shall provide
a written certification that all grant-supported activities were conducted
in compliance with program requirements.
(g) If it is determined that a grantee falsified any certification, applica-
tion information, financial or contract reporting, the grantee shall be re-
quired to reimburse the full amount of the grant to the EHAF and shall
be prohibited from any further participation in the EHAP.
NOTE: Authority cited; Sections 50402. 5080L5 and 50806.5. Health and Safety
Co(ie. Reference: Section 50802.5. Health and Safety Code.
History
1. New section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94.
No. 1 1). A Certificate of Compliance must be transmitted to OAL 7-1 8-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94.
No. 27). A Certificate of Compliance must be transmitted to OAL by 1 1-7-94
[The next
or emergency language will be repealed by operation of law on the following
day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted to OAL by 2-28-95 or emeigency language will be repealed b\ opera-
tion of law on the following day.
4. Repealerand iiev\ section refiled 2-15-95 as an emergency; operative 2-1 .5-95
(Register 95. No. 7). A Certificate of Compliance must be iransmitted to OAL
by 6- 1 5-95 or emergency language will be repealed by operation of law on the
lolk)wing da\.
5. Repealerand new section refiled 6-15-95 as an emergency; operative 6-15-95
( Register 95. No. 24). A Certificate of Compliance must be transmitted to OAL
b\ 10-13-95 or emergency language will be repealed by operation of law on
the follow ing da\.
6. Certificate of Compliance as to 6-1 5-95 order including amendment of section
transmitted to OAL 6-26-95 and filed 7-12-95 (Regi.ster 95. No. 28).
§ 7976. Performance Evaluation of a Designated Local
Board.
(a) The Department shall evaluate the performance of each DLB on an
annual basis.
(b) This process shall involve an evaluation of the degree to which:
( 1 ) Eligible recipients in the region participate in the developinent of
the LESS^:
(2) The performance of the DLB conforms to the procedures and re-
quirements of the LESS and the requirements of this subchapter;
(.3) The DLB achieves the goals and objectives established in the
LESS, as measured by the eligible applications received and selected
within the region;
(4) The participation of the DLB resulted in the increased efficient and
effective use of program funds allocated to the region: and
(.5) Program grant activities within the region are inonitored and, con-
sequently, the degree to which grant activities conform to program re-
quirements.
NOTH: Authorttv cited: Sections 50402. 50801.5 and 50X06.5. Health and Safety
Code. Reference: Sections 50801.5 and 5(W02.5. Health and Safety Code.
History
1 . New section filed .3-1 8-94 as an emergency; operative 3-1 8-94 (Register 94.
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL 7-18-94 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94.
No. 27). A Certificate of Compliance must be transmitted to OAL by 1 1-7-94
or emergency language will be repealed by operation of law on the following
day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative
10-31-94 (Register 94. No. 44). A Certificate of Compliance must be trans-
mitted \o OAL by 2-28-95 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-1 5-95
(Register 95. No. 7). A Certificate of Compliance must be transmitted to OAL
by 6-1 5-95 or emergency language will be repealed by operation of law on the
following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6- L5-95
(Register95. No. 24). A Certificate of Compliance must be transmitted to OAL
by 10-13-95 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section
heading and section transmitted to OAL 6-26-95 and filed 7-12-95 (Register
95. No?2X).
Subchapter 13. Mobile Home Park Resident
Ownership Program
Article 1. General
§ 8000. Scope and Authority.
These regulations establish the Mobilehome Park Resident Owner-
ship Program and the policies and procedures for the allocation and use
of financial assistance from the Mobilehome Park Purchase Fund consis-
tent with the objectives and requirements of the statutes. The department
may provide financing from the fund for the following types of program
loans:
page is 425.]
Page 424.10
Register 2001, No. 19; 5- 11 -2001
Title 25
Department of Housing and Community Development Programs
5j 8004
(a) conversion k)an.s, piirsuani to Section 8006;
(h) blanket loans, pursuant to Section 8008: and
(c) individual loans, pursuant to Section 8010.
NOTI- Auihoritv ciicci; Sections S()4()6(n) and .S()786(a). Health and Safety Code.
Relerence: Seelmns .S04()6. 50406.2 50780. 507X 1 . 5078.^ and 50784. Heallli and
Safely Coiie.
HiSTt)RV
1 . New Siihehapter 1 ."^ (Sections 8()()()-8(),"2. not consecutive) tiled 1 1-25-85: ef-
leclive upon tiling pursuant lo Governmeiil Code Section I 1 346.2(d) (Register
85. No. 48).
2. Aniendnienl ol subchapter heading, section and Non filed 5-1 1-2001 : opera-
tive 5-1 1-2001 pursuant to Government Code section 1 1.34.3.4 (Keiiister 2001.
No. 19).
(; 8002. Definitions.
In addition lo (lie definitions found in Section 5078J and Chapter 2
(commencing with Section 500.^0) of the Health and Safety Code, the
following terms and definitions shall apply to this subchapter.
■■Af1\)rdable housing costs" means that the housing costs for a low-in-
come resident shall not exceed 30*^ of that resident's monthly gross in-
come unless the department approves an amount exceeding this standard
based on one or more of the following conditions which provide overrid-
ing and special reasons for exceeding this goal:
(a) the project would be financially infeasible without housing costs
in excess of this standard due to factors such as lenders" more stringent
underwriting requirements for park conversions, lack of adequate finan-
cial assistance, unique factors which limit project rental income, excep-
tional conversion costs beyond the control of the residents, or other simi-
lar extraordinary i'actors approved by the department; or
(b) a satisfactory credit record has been maintained by the household,
and the household has demonstrated an ability to sustain the proposed
housing expense; or the department determines that the eligible house-
hold can assume such greater responsibility based on an analysis of fu-
ture anticipated income or reduction in debt.
If the 30% o{' income standard cannot be achieved, under no circum-
stances shall the housing costs of a low-income resident exceed the
greater of 40'7c of the resident's gross monthly income or the resident's
housing prior to the conversion.
"Code" means the California Health and Safety Code.
"Committee" means the committee designated by the director pur-
suant lo Subchapter 1 (commencing with Section 6900) of Chapter 6.5
of this Part.
"Equity" means a cash contribution or interest in the property pledged
as collateral, but does not include secured debt junior to the department's
loan.
"Gross income" means all income as defined by Section 6914 of this
Part received by a resident except that the value of net family assets shall
be limited to the actual amount of income derived from those as.sets,
"Housing costs" means the housing cost of a purchaser as defined in
Section 6920 of this Part.
"individual interesf means an individual interest in a mobilehome
park as defined in Section 50781 (f) of the Code.
"Loan Originator" means an entity approved by the department to un-
derwrite or originate loans, or evaluate the eligibility of applicants for
program assistance.
"Local public entity" has the same meaning as set forth in Section
50079 of the Code.
"Low-income resident" means a person or household who is a resident
of the mobilehome park and who is a lower- income household as defined
in Section 50079.5 of the Code and Subchapter 2 of Chapter 6.5 of this
Part, with the exception that gross income shall be calculated pursuant to
the definition in this subchapter.
"Mobilehome" means any of the following:
(a) a mobilehome as defined in Section 18008 of the Code.
(b) a manufactured home as defined in Section 18007 of the Code.
(c) a recreational vehicle as defined in Section 18010 of the Code.
(d) factory-built housing as defined in Section 19971 of the Code.
"Mobilehome park" means mobilehome park as defined in Section
507810) of the code.
"Mortgage lender" means a bank or trust company, mortgage hanker,
federal or stale chartered savings and loan association, credit union or
other financial institution, or a local public entity.
"Need for Assistance" means the amount of program assistance re-
quired to achieve affordable housing costs lor low-income residents.
"Program" means the Mobilehome Park Resident Ownership Pro-
gram.
"Project" means a mobilehome park which has received a k)an com-
mitment or loan pursuant to this subchapter.
"Qualified nonprofit housing sponsor" means a nonprofit hoLising
sponsor as defined in Section 5078 1 (k) of the Code.
"Rehabilitation" means substantial repairs and improvements lo the
project which are necessary to a) conform with legally authorized re-
quirements of slate or local government in order to receive approval lo
convert the park to resident ownership, b) meet reasonable and minimum
property standards established by a lender for the project, and c) alleviate
all substandard conditions which violate the Mobilehome Parks Act,
Section 18200, et. seq., of the Code.
"Resident" means an individual or household who actually resides in
a mobilehome park as that person's principal residence.
"Resident organization" means an organization of mobilehome park
residents which has all of the following characteristics:
(a) is a legally recognized entity;
(b) is able to enter into a contract:
tc) is capable of suing or being sued;
(d) may include residents from more than one park: and
(e) has as members no less than two-thirds of the residents from each
park that is represented by the organization.
"Resident ownership" means the ownership of an interest in a mobile-
home park by a resident organization, which entitles the resident organi-
zation to regulate the operations of the mobilehome park for a term o\' no
less than 15 years, or the ownership of individual interests by residents
in a mobilehome park, or both.
"Rural area" means an area as defined in Section 50199.21 of the
Code.
NOTE; Authority cited: Sections 50406(n) and 50786(a). Health and Safetv Code.
Reference: Sections 18008, 18007, 18010. 18200. el. seq.. 19971. .500.50-50105.
50406. .50780, 50781. 50782, 50783. 50784. 50785. 50786 and 50786.5. Health
and Safely Code; and Sections 6900 el seq.. Title 25. Administrative Code.
History
1. Amendment of section and Noti: fded .5-1 1-2001; operative 5-1 1-2001 pur-
suant to Government Code section 1 1 .343.4 (Register 2001 . No. 19).
2. Amendment of definition of "Rural area" liled 7-1 1-2005: operative
8-10-2005 (Register 2005, No. 28).
Article 2. Program Requirements
§ 8004. General Provisions.
(a) ITie department shall make loans to eligible borrowers for eligible
projects pursuant to this subchapter. Program loans shall be subject to
terms and conditions which meet the requirements of the Code and this
subchapter. Loans shall be secured by the best available security. In all
cases, the term of any loan shall not exceed the lesser of either the term
of the ownership interest or the economic life of the property. Program
loans shall bear interest at the rate of three percent (37c) simple interest
per annum, unless a different statutory rate is specified. Monthly pay-
ments shall be required for all loans unless an alternative repayment
schedule is approved pursuant to subsection (d). The department may as-
sess late fees or penalties for late payments not to exceed more than 5'7(
of the scheduled payinent. Loans provided pursuant to this subchapter
shall not be assumable by another borrower, except where the department
determines thai an assumption by another eligible borrower is necessary
to prevent a financial loss. The terms of assumption may be different than
originally underwritten and offer the greatest opportunity for full repay-
ment as determined by the department.
Page 425
Register 2005, No. 28; 7 - 1 5 - 2005
§8006
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) In order to be eligible to apply for assistance pursuant to this sub-
chapter, a project must be a mobilehome park in which at least one low
income household is a resident. Parks to be acquired by nonprofit hous-
ing sponsors and local public entities must have the support of at least
two-thirds of the residents living in the park in order to be eligible to ap-
ply for program funding. In a resident owned park, the resident organiza-
tion must have the support of at least 2/3rds of the residents at the time
of application, and 2/3rds of the residents must participate as members
of the resident organization at the time of funding. The park upon com-
pletion of the conversion must meet the minimum standards of the Mobi-
lehome Parks Act. Eligible Projects costs may include conventionally
constructed dwellings and nonresidential staictures provided that such
structures and the underlying land are used by the resident organization
as common recreational facilities, office or storage space, or which gen-
erate revenue for the benefit of all residents of the park, or which serve
other purposes available to all residents of the park.
(c) The department shall establish maximum limits on the amount of
funds which may be committed to a project pursuant to this subchapter.
The maximum loan limit for any single project shall be based upon fac-
tors such as the amount of funds available, anticipated program revenue,
the required rural set-aside, and the size of anticipated or pending loan
applications. The limitation on commitment size will be specified in each
request for proposals and approved by the Director when it is issued for
this program.
(d) The department may consider requests for alternative repayment
schedules for program loans from applicants and borrowers. Such re-
quests shall propose the repayment schedule desired and provide evi-
dence that an alternative schedule is necessary for the financial feasibility
of the project and/or to achieve affordable housing costs. The department
may approve the request, in whole or in part, if the need is demonstrated
and the program's security interest will be adequately protected through
the alternative schedule. The decision to approve an alternative repay-
ment schedule shall be within the sole discretion of the department. All
loan applications for conversion or blanket loans that request an alternate
repayment schedule shall be reviewed by the committee prior to the di-
rector's approval.
(e) Program funds may not be used to facilitate the purchase of a park
by a qualified nonprofit corporation or a local public entity from a public
entity that acquired the park prior to the commitment of the loan from the
program.
NOTE: Authority cited: Sections 50406(n) and -S()786(a), Health and Safety Code.
Reference: Sections 18200, et. seq. 50406, .50406.2, 50783, 50784 and 50786,
Health and Safety Code.
HtSTORY
1. Amendment of section and Note filed 3-1 1-2001; operative .5-1 1-2001 pur-
suant to Government Code section 1 1343.4 (Register 2001, No. 19).
2. Amendment of subsections (a) and (d) fded 7-1 1-2005: operative 8-10-2005
(Register 2005, No. 28).
§ 8006. Conversion Loans.
(a) Conversion loans from the fund shall provide short term financing
for conversion costs to resident organizations, qualified nonprofit hous-
ing sponsors, and local public entities. Conversion loans shall not exceed
any of the following:
(1) To the extent possible. 50 percent of the conversion costs for the
project. However, the loan may be up to 95 percent of the approved con-
version costs attributable to the percentage of lower income households
in the park when approved by the department.
(2) the maximum loan amount established in each request for propos-
als pursuant to Section 80()4(c).
In addition, the total debt secured in a senior position to the depart-
ment's loan plus the department's loan shall not exceed the value of the
collateral securing the loan. The amount of any item of conversion cost
shall be subject to department approval based on its necessity, reason-
ableness, eligibility, and impact on the financial feasibility and security
of the project. The loans shall have a maximum term of three years. Bor-
rov/ers shall make monthly payments of interest only during the loan
term unless an alternative repayment term has been approved pursuant
to Section 8004(d) and shall repay the loans upon the recordation of per-
manent financing documents to complete the conversion of the project.
(b) Conversion loans shall provide only supplemental interim financ-
ing for conversion costs directly related to the conversion and shall be
prorated or limited pursuant to subdivision (a). Conversion loans may be
used for conversion costs including, but not limited to, the following
items to the extent approved by the department:
( 1 ) the acquisition cost of the mobilehome park;
(2) loan origination, appraisal, inspection, and other related financing
costs:
{}) title and escrow fees, recording fees, and other related closing
costs;
(4) engineering, legal and other professional fees;
(5) expenditures required to obtain governmental approvals;
(6) relocation costs pursuant to Section 8020;
(7) rehabilitation costs; and
(8) contingency funds.
(c) Conversion loans to local public entities shall comply with the fol-
lowing requirements in addition to those requirements in subdivision (a)
and (b):
(1 ) Program commitments to local public entities must be made prior
to the acquisition of the park:
(2) At the time of funding the park to be acquired must have at least
30% low income residents;
(3) Residents participation must be ensured by either resident repre-
sentation on the Board of Directors of the entity that acquires permanent
ownership of the park or by representation on a permanent resident advi-
sory board.
(4) Where a park is acquired by a local public entity for transfer to a
nonprofit sponsor or resident organization, the transfer must occur within
3 years or the loan must be repaid in full to the department. An additional
3 years may be granted upon a determination by the department that a
good faith effort to transfer the park has been made,
(5) Where loans are made to a qualifying nonprofit housing sponsor
or a local public entity, a regulatory agreement which regulates occupan-
cy, rents and park operations shall be recorded.
NOTE; Authority cited: Sections 50406(n) and 50786(a), Health and Safety Code.
Reference: Sections 50406, 50781(b), 50783, 50784, 50785(a)(5) and 5d786(c).
Health and Safety Code.
History
1 . Amendment of section and Note filed 5-1 1-2001 : operative 5-1 1-2001 pur-
suant to Government Code section 1 1343.4 (Register 2001, No. 19).
§ 8008. Blanket Loans.
(a) Blanket loans from the fund shall provide long term permanent fi-
nancing to resident organizations, qualified nonprofit housing sponsors
and local public entities for the purpose of achieving affordable housing
costs for low-income residents.
The loans shall not exceed any of the following:
(1 ) To the extent possible, 50 percent of the conversion costs attribut-
able to low-income spaces. The department may approve loan amounts
up to 95 percent of the approved conversion costs attributable to the per-
centage of lower income households in the park. The department may
grant the higher loan amounts only if the project applicants demonstrate
that no other funds are available and the project would not otherwise be
feasible.
(2) the aggregate need for assistance of low-income residents who
possess the tenancy rights of Sections 798.12 of the Civil Code. The
amount approved for a blanket loan, as a percentage of the total project
cost, shall not exceed the percentage of park residents who are low in-
come.
(3) the loan hmit established pursuant to Section 8004(c).
Projects receiving blanket loans shall have department-approved pro-
grams of assistance for low-income residents. A program of assistance
shall establish the financial mechanism used by a resident organization
to direct the benefits of a blanket loan to low-income residents, which
may include, but is not limited to rent skewing and internal loans. The
amount of any item eligible for funding with a blanket loan shall be sub-
Page 426
Register 2005, No. 28; 7 - 15 - 2005
Title 25
Department of Housing and Community Development Programs
^8012
jccl lo dcparlmenl iipproval based on its necessity, reasonableness, eligi-
bility, and impact on the financial feasibility and security of the project.
Blanket loans shall not have terms in excess of 30 years. The loans
shall have monthly payments amortized over the term of the loan imless
an alternative repayment schedule has been approved pursuant to Section
8004 (d). In addition, the total debt secured in a senior position to the de-
partment's loan plus the department's loan shall not exceed the value of
the collateral.
(b) Blanket loans may provide funds to eligible borrowers for the fol-
lowing eligible costs, to be prorated or limited lo pursuant to subdivision
(a):
( 1 ) to repay a conversion loan or replace interim or shorl-term financ-
ing that was used to acquire or rehabilitate the park. For purposes of this
subchapter, "'short-term" means not over three years;
(2) to pay. to the extent approved by the department, any costs eligible
for conversion loans listed in subdivision 8006(b);
(3) to establish operating reserves;
(4) to provide long-term financing for a project;
{5} 10 supplement other public or private financing;
(6) to enable low-income residents to obtain individual interests; or
(7) to enable low-income residents to remain in the project.
(8) subject to Section .'S()784(h) of the Code, program funding may be
used to finance the cost of relocating the residents of a mobilehome park
to a more suitable site within the same jurisdiction.
(9) to pay developer fees forqualified nonprofit housing sponsors, not
to exceed tax credit limits if the project receives federal tax credits, or if
the project does not receive tax credits, five percent of total project cost
t)r $100,000, whichever is greater.
(c) Nonprofit Housing Sponsors shall comply with the following re-
quirements in addition to those in subdivision a and b;
( 1 ) The parks must have at least 30^7^ low income residents at the lime
of funding.
(2) Parks that are acquired by a nonprofit housing sponsors shall en-
sure resident participation by either having resident representation on
their Board or by establishment of a permanent resident advisory board.
Nort:: Authority cited: Seciioiis 5()406(n) and 50786(u), Health and Safety Code.
Reference: Scct'ions 50406. 50406.2. 50784 and 50785(a)(5), Health and Safety
Code: and Sections 798.12 and 799.45(b), Civil Code.
HlSTOUY
1. Amendment of section and Noxi filed 5-11-2001: operative 5-1 1-2001 pur-
suant to Government Code section 1 1 343.4 (Register 2001. No. 19).
§8010. Individual Loans.
Individual loans from the fund shall provide long term permanent fi-
nancing to low-income residents for the purposes of acquiring an indi-
vidual interest and achieving affordable housing costs. In order to be eli-
gible for an individual loan, a low-income resident must possess the
tenancy rights of Section 798.1 2 of the Civil Code, or have entered into
one or more agreements to rent and occupy a park space and mobilehome
prior to project application. The loans shall not exceed any of the follow-
ing:
( 1 ) To the extent possible, 50 percent of the acquisition cost of the indi-
vidual interests including nonrecurring closing costs.
(2) the need for assistance or
(3) the maximum loan amount established pursuant to Section
8()04(c). However, the loan amount may be approved for up to 95 percent
of the approved acquisition costs of the individual interest in the park if
the lower income resident can demonstrate that no other funding is avail-
able and the purchase would not otherwise be feasible. In addition, bor-
rowers of individual loans shall possess no less than 5 percent equity in
the collateral securing the loan. For the purposes of this section, equity
does not include secured debt junior to the department's loan. The
amount of any item eligible for funding with an individual loan shall be
subject to departmental approval based on its necessity, reasonableness,
eligibility and impact on the financial feasibility and security of the proj-
ect. Individual loans shall not have teriris in excess of 30 years. The loans
shall have monthly payments atiiortized over the term of the loan unless
an alternative repayment schedule has been approved pursuant to Seclit)n
8004(d).
Where a local public entity acquires a park and applies for program as-
sistance for the purchase of individual interests, the program may make
individual loans when a simple majority of households residing in the
park actually purchase, or have opened escrow to purchase, interests or
spaces in the park.
NOTE: Authority cited: Sections 5()406(n) and 50786(a). Health and Safetv Code.
Retcrence: Sections 50406. 50406.2. 5078 1 . 50784 and 50786.5. Health :\m\ Safe^
ty Code: and Sections 798.12 and 790.45 (h). Civil Code.
History
1. Amendment of section and Noti filed 5-1 1-2001; operative 5-1 1 2001 pur-
suant to Goveniment Code section 1 1343.4 (Reuister 2001. No. 19).
Article 3.
Application and Funding
Procedures
§ 8012. Applications for Loan Commitments.
(a) The department shall award loan coininitments through the is-
suance of requests for proposals. The requests for proposals shall identify
whether applications will be accepted on a coinpetitive basis with a speci-
fied deadline and/or on an over-the-counter basis. The department will
determine which method will best implement the goals and purposes of
the program. Applicants may submit applications for loan commitments
only in response to a request for proposals issued by the department. A
single application shall be submitted for a coiniTiilment for all progratii
loans desired for the project.
(b) Department forms shall be used for applications which shall in-
clude the following.
( 1 ) evidence of the eligibility of the applicants, project, and all activi-
ties;
(2) a description of the project and how the program funds will be used;
(3) a detailed plan and scheduled for implementing and adnnnistering
the project;
(4) a detailed financial plan for the project which identifies the antici-
pated sources of all financing and the proposed specific uses for program
funds;
(5) the qualifications of the parties implementing and administering
the project;
(6) evidence or a certification of compliance with relevant state and lo-
cal laws and ordinances, or a detailed description of how and when com-
pliance will be achieved;
(7) evidence signed by a representative of the local government that
the project complements the implementation of a local housing program
to preserve or increase the supply of housing for persons and families of
low and moderate income, and will be consistent with local /A)ning and
land use policies upon completion.
(8) evidence that the resident organization has site control which
means the right or ability to obtain possession of the mobilehome park
for a period of not less than 15 years. Such evidence includes, but is not
limited to. an executed contract to purchase, an executed irrevocable t)p-
tion agreement, or a written agreement from the properly owner [o con-
vert the mobilehome park to resident ownership;
(9) a program of assistance for low-income residents if a blanket loan
is requested;
( 1 0) a statement concerning the potential for displacement of residents
from the project and a plan to provide specific mitigation measures or re-
location benefits consistent with Section 8020;
( 1 1 ) a commitment from a loan originator selected by the applicant or
a plan for selecting a loan originator to originate individual loans if the
application is exclusively for such loans;
( 1 2) written authoiization from the applicant's governing boards in the
form of a certified resolution lo submit an application for a loan coiTimit-
ment;
(13) any commitments from the local public entity and/or other
sources to provide financial and other assistance to the project; and
Page 427
Register 2(X)5, No. 28; 7- 15-2005
§8014
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
1 1 4) other information required by the department to determine the eh-
gibiHty of, evaluate the feasibility of, and rate the project.
( c) The department shall have sole discretion to approve or disapprove
the adequacy of each item in the application based on the criteria for re-
view in Section 8014. Where the department concludes that information
is inadequate it may return applications for additional information or re-
ject applications if it deems that the inadequacies cannot be cured within
a reasonable lime.
(d)Thedepartment shall condition any release of funds on completion
of any items which are not completed at the time of application.
NOTL: Authority cited: Sections .^0406(11) and 50786. Health and Safety Code.
Reference: Sections 50406. 50406.2 and 50786, Health and Safety Code"
History
1. Amendment filed 5-11-2001: operative 5-1 1-2001 pursuant to Government
Code section 1 1343.4 (Register 2001. No. 19).
2. Amendment of suhsections (a), (b)(] 2) and (b)( 14) filed 7-1 1-2005; operative
8-10-2005 (Register 2005, No. 28).
§ 8014. Review and Rating of Projects.
(a) The department shall rate applications and award funds based upon
the following criteria:
( 1 ) the extent to which the project achieves the goal of limiting housing
costs for low-income residents to 30% of gross monthly income;
(2) the extent to which there will be no involuntary displacetnent from
the project;
(3) the extent to which the project is prepared to convert based upon
the speed and ease with which the project can be completed once funds
are awarded;
(4) the capacity of the borrower, loan originator, consultants and other
parties to complete the project and fulfill the requirements established for
the program by this subchapter;
(5) the extent to which the proposed ownership structure provides
long-term security of tenure.
(6) the extent to which the project complements local programs or
plans to preserve or increase the supply of low and moderate income
housing and mobilehome park spaces;
(7) the degree of support provided to the project by the residents, local
government and other parties;
(8) the financial feasibility of the whole project, including the rents
from all residents and their relationship to reasonable market rents, the
total cost of conversion and operation, and other factors which relate to
the security of the department's loans;
(9) the extent to which program funds will be used in the most efficient
manner to assist the maximum number of low-income residents;
{ 1 0) the extent to which the project has the lowest possible costs given
program requirements and local market conditions;
( 1 1 ) the extent to which the project will receive below market financ-
ing and other assistance, including the value of administrative functions
provided by a local public entity pursuant to Section 801 8(c). The depart-
ment shall take into account the resources which are available to the local
public entity when considering this factor;
(12) the allocation of funds throughout the State pursuant to Section
50785 of the Code; and
(13) the awarding of additional points for applications from resident
owned parks.
(b) In the event that eligible applications are received requesting more
funds than are available for award, the department will rank applications
according to scores received pursuant to paragraph (a) of this section.
(c) In each request for proposals, the department shall allocate no less
than 20% of the funds available for this program to rural areas. In the
event that there is an inadequate number of rural project applications that
are feasible based on the factors in subsection (a), the department may
make additional awards to non-rural projects.
NOTE: Authority cited: Sections 50406 (n) and 50786 (a). Health and Safety Code.
Reference: Sections 50406, 50406.2, 50780, 50785 and 50786, Health and Safety
Code.
History
1, Amendment o( suhsections (a)(4)-(a)(5) and (a)(l 1 )-(aHl2) and new subsee-
lion (a)(]3) tiled 5-1 1-2001: operative 5-1 1-2001 pursuant to Government
Code section 1 1343.4 (Register 2001. No. 19).
2. Amendmeiu of section heading and suKsection (a), new subsection (b) and sub-
section reletierinc filed 7-1 1-2005: operative 8-10-2005 (Reaister 2005, No.
28).
§ 8016. Approval of Projects and Commitment of Funds.
(a) Program staff shall review applications for loan cotniTiitments and
prepare recomtnendations based on the above factors. Applicants shall
be notified of the staff recoininendation and of the date and lime that the
cotumiltee will consider their applications.
(b) The committee shall evaluate applications and make recommenda-
tions to the director pursuant to Section 6904 of this Part.
(c) The director shall review the committee recommendations and ap-
prove, approve with amendments, or disapprove the applications. The di-
rector's decision shall be final. Written notification of the approval of an
application shall constitute a conditional loan commitment from the
fund.
(d) The department shall inform the applicant in writing of the direc-
tor's decision. An approval shall set forth the terms and conditions, if any,
placed on the approval.
NOTE: Authoritv cited: Sections 50406(n) and 50786(a), Health and Safety Code.
Reference: Sections 50406, 50406.2 and 50786, Health and Safety Code.
Article 4. Program Operations
§ 8018. Responsibilities of Local Public Entities.
NOTE: Authoritv cited: Sections 50406(n) and 50786(a), Health and Safety Code.
Reference: Sections 50406, 50406.2 and 50786, Health and Safety Code.
History
1 . Repealer filed 5-1 1-2001 ; operative 5-1 1-2001 pursuant to Government Code
section 1 1343.4 (Register 2001, No. 19).
§ 8020. Displacement and Relocation.
(a) The project shall ensure that no resident is involuntarily displaced
from the project without proper notice, assistance and compensation. A
resident who is offered an opportunity to remain in the park after the con-
version through continuation of the tenancy at generally the same terms
as existed prior to conversion, shall not be considered involuntarily dis-
placed.
(b) In all situations where a resident may be involuntarily displaced,
the following shall apply:
(1) The project shall comply with the Mobilehome Residency Law,
Section 798, el. seq., of the Civil Code.
(2) Where the park is converted pursuant to the Subdivision Map Act,
Division 2 of Title 7 of the Government Code, the project shall comply
with Section 66427.4 and Section 66427.5 of the Government Code. For
the purposes of this section, the term preconversion rent as used within
Government Code Section 66427.5 shall mean for public entity acquisi-
tions those rents which were in effect at the time of the initiations of the
negotiations; or for resident organization or nonprofit entity acquisitions
those rents which were in effect at the time of the initial agreement for
sale. For the purpose of calculating allowable rent levels which may be
charged pursuant to Government Code Section 66427.5(d)(1), project
sponsors may achieve market rents over the permissible four-year period
through equal annual increases. The amounts of such equal annual in-
creases are to be calculated based on the difference between the pre-con-
version rents and market rents at the time of conversion. To the extent that
the rent levels at the end of the fourth year lag behind market rents at that
time, rents may be raised to current market levels in the fifth year.
(3) Where the park is convened to a limited-equity housing coopera-
tive pursuant to Section 33007.5 of the Code, the project shall comply
with Section 65863.7 of the Government Code.
(4) Where applicable, the project shall provide assistance and pay-
ments consistent with the requirements of the Relocation Act Section
7260. et. seq.. of the Government Code and the relocation guidelines con-
tained in Chapter 6 (commencing with Section 6000) of Part I of this
Title.
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Register 2005, No. 28; 7-15-2005
Title 25
Department of Housing and Community Development Programs
i^ 8028
(5) The project shall comply with all oiher applicable federal, state and
local ordinances, laws or regulations which have requirements in excess
ol' those of this section.
(c) Program I undine may not be used to relieve a park owner of any
responsibility lor mitigating the impacts of a park closure on tenants.
Nort-: Aiithorilv cited: Sections .^()4()6(n) and 5C)786(a). Health and Sal'ctv Code.
Rclcrence: Secnons .v"M)()7..S. .S04()6. S07H()(h), 5()784(h) and .'S0786(d)(2).' Health
and Salcly Code; Section 798, et. scq.. Civil Code; Sections 7260, et. seq., 658()3.7
and 66427. Govcmnieni Code; and Secnon 6000. el. sec|., Title 25, Administrative
Code.
History
1. Amendment ol subsection (b)(2). new. subsection (c) and amendment ol'Non
tiled >-] 1-2001; operative .5-1 1-2001 pursuant to Government Cotle section
11.^4.^4 (Register 2001, No. 19).
§ 8022. Transaction Documents.
(a) Applicants shall submit all legal documents related to the conver-
sion or operation of the project for department review and approval.
(b) The department shall prepare and execute standard loan agree-
ments with applicants who receive loan commitments pursuant to Sec-
lion 8016 (c). The standard agreement shall specify the terms and condi-
tions which govern the loans and shall require the subsequent execution
of conversion agreements, regulatory agreements, notes, and other in-
struments securing the department's interest.
(c) The department may enter into conversion agreements with bor-
rowers who receive conversion loans and may required other entities
who have a vested interest in the projects to be a party to the agreements.
The conversion agreements shall specify the terms and conditions gov-
erning the use of conversion loan funds and the funding of blanket and
individual loans.
(d) The department shall enter into regulatory agreements with bor-
rowers who receive conversion or blanket loans and may require other
entities who have a vested interest in the projects to be a party to the
agreements. The regulatory agreements shall specify the terms and con-
ditions governing the management and operations of the project and the
program of assistance for low-income residents. For a qualifying non-
profit housing sponsor or local public entity, a regulatory agreement shall
include but not be liinited to provisions that regulate occupancy, rents,
and park operations.
(e) Borrowers shall execute promissory notes and deeds of trust and/or
other instruments securing state loans as required by the department. The
form and content of these documents shall ensure that the loans are ade-
quately secured.
Nort:: Authoritv cited: Sections 50406(n) and 50786(a), Health and Safety Code.
Reference; Sections 50406, 50406.2 and 50786, Health and Safety Code.
History
1 . Amendment ol subsections (bHd) filed 5-1 1-2001; operative 5-1 1-2001 pur-
suant to Government Code .section 1 l.M.i,4 (Register 2001. No. 19).
§ 8024. Loan Origination and Servicing Agreements.
(a) The department shall require the project applicant to execute loan
origination and/or servicing agreements with the loan originator speci-
fied by the project applicant and approved by the department. It shall be
the responsibility of loan originators or loan servicers, where servicing
responsibilities are not performed by the department, to do the following:
( 1 ) accept and review applications for blanket and individual loans and
verify information pertaining to the applications;
(2) determine each applicant's eligibility for assistance and his/her
credit worthiness and ability to make any required payments;
(3) make recoinmendations to approve or deny each application, de-
termine the amount of assistance and submit these recommendations to
the departinent for approval;
(4) prepare all loan documents and make necessary arrangements to
close the loans;
(5) submit loan packages, all documents detertnining assistance, in-
cluding executed loan documents to the department subsequent to the
close of escrow;
(6) transmit loan payments to the department according to a schedule
established by the department;
(7) notify the depaiTment of defaults and delinquencies on program
loans and loans which are senior to program loans; and
(8) enforce the terms of the notes and deeds of trust or other instru-
ments securing repayment of the prograiri loans.
(b) Loan originators and loan servicers shall report to the department
and provide certifications to the department concerning their compiiance
w ith the terms and conditions of the origination and/or ser\ icing agree-
inent. The department shall periodically monitor the activities of loan
originators or loan servicers \o verify compliance.
(c) Prior to funding any loan the department shall review and approve
the loan origination fees and any t)lher fees proposed to be charged by the
loan originator or loan servicer. The departinent may pay such ices tt)
loan originators or loan servicers as provided in the origination and ser\ -
icing agreement. Such fees shall not exceed the prevailing rate charged
by the industry for comparable loans.
NOTt:: Authority cited; Sections 5()406(n) and 50786(a). Health and Saletv Code.
Reference; Sections 50406, 50406,2 and 50786, Health and Safety Code.
Hkstor^
1. Amendment filed .5-1 1-2001; operative 5-1 1-200! pursuant to Government
Code section II. M.l .4 (Register 2001. No. 19).
§ 8026. Blanket and Individual Loan Origination.
(a) Low-income residents who apply for individual loans or the bene-
fit of blanket loans shall use forms and follow instructions approved by
the departinent. Such applications shall include, but not be limited to, the
following:
(1 ) evidence of eligibility for an individual loan or the benefit of a blan-
ket loan;
(2) information on the income, debts and credit worthiness of the
applicant;
(?') authorization to investigate and verify the information provided by
the applicant;
(4) authorization for the loan originator, local public entity and depart-
ment to share information in order to make decisions concerning action
on the application; and
(-5) a certification that the information provided by the applicant is true
and accurate.
(b) Applications for individual assistance under blanket loans shall
consist of separate applications from individual residents who will bene-
fit from the blanket loan.
NOTE: Authority cited; Sections 50406(n) and 50786(a). Health and Safety Code.
Reference; Sections 50406 and 50786, Health and Safely Code.
History
1. Amendment filed 5-1 1-2001; operative 5-1 1-2001 pursuant to Government
Code section 1 1 343.4 (Register 2001 . No. 1 9).
§ 8028. Disbursement of Loan Funds.
(a) The department shall disburse funds pursuant to the terms and con-
ditions specified in the transaction documents with the departments.
(1 ) The department shall condition the disbursement of funds on the
execution and recordation of those documents necessary to secure its fi-
nancial and statutory interests, which may include, but are not limited to:
promissory notes, deeds of trust, or regulatory agreements.
(2) The department may disburse funds directly to parties other than
to signatories to the standard agreement if payments to those parties are
specified in the standard agreement.
(3) The department may disburse funds prior to the borrower satisfy-
ing all of the conditions of Section 50786(d) of the Code if the funds will
be held by a local public entity, mortgage lender or escrow company until
conditions are met.
(4) Advance payments not exceeding 25'7( of the loan amount may be
made if the department determines they are necessary to complete the
project and if the State's interest and security are met.
(b) The department shall establish presale requirements for each proj-
ect which must be met prior to the closing for a blanket or individual
loans. The presale requirements may include additional requirements
such as a higher, minimum percentage of sales if needed to protect the
security of program loans. Where program loan funds are being used to
purchase individual ownership interests, the minimum percentage of 67
Page 429
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i} 8030
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
percent (67'7r) ofoccupied spaces may be increased to 67 percent {bl9c)
olall spaces in the paric. Sales, tor the purpose ol" calculating this percent-
age, shall include previously consummated sales, sales to be financed
with program loans that are ready to close, and sales with other financing
that will be consummated simultaneously with the closing of the program
loans.
(c) The department may fund blanket loans and individual loans in es-
crow from the repayment of conversion loans for the project. The depart-
ment may provide partial releases from the deed of trust and the regulato-
ry agreement as individual loans are funded and recorded.
Nort. Aiiihority cited: Sections 504()6(n) and 50786, Health and Safety Code.
Reference: Sections .S0406. 50406.5 and 50786, Health and Safety Code'
History
I. Ainendiiient of section and NoTi; filed 5-1 1-2001; operative 5-i 1-2001 pur-
suant to Govemnient Code section 1 1.^43.4 (Register 2001. No. 19).
§ 8030. Monitoring and Reporting.
(a) The department shall, directly or through a third party, monitor the
activities of borrowers and the progress of projects for the following pur-
poses:
( 1 ) to verify compliance with the terms and conditions of contracts and
agreements;
(2) to ensure the success of the project; and
(3) to protect the security of program loans.
(b) The department shall require borrowers to provide periodic reports
using a department-approved format which will provide the information
necessary to fulfill the requirement of Section 50786 of the Code and all
other requirements of the program.
NOTE: Authority cited: Sections .50406(n ) and 50786(a), Health and Safety Code.
Reference: Sections 50406 and 50786, Health and Safety Code; and Section 7938.
Title 25, Administrative Code.
History
1. Amendment of section and Note filed 5-11-2001; operative 5-1 1-2001 pur-
suant to Government Code section 1 1343.4 (Register 2001. No. 19).
§ 8032. Defaults, Workouts and Foreclosures.
(a) In the event of a breach or violation by the borrower of any of the
provisions of the standard agreement, the regulatory agreement, the
promissory note, or the deed of trust, or any other agreement pertaining
or securing the MPROP loan, the department may give written notice to
the borrower to cure the breach or violation within a period of not less
than 30 days. If the breach or violation is not cured to the satisfaction of
the department within the specified time period, the department, at its op-
tion, may declare a default under the relevant documents and may seek
legal remedies for the default including the following:
( 1 ) The department may accelerate all amounts, including outstanding
principal and interest, due under the loan and demand immediate repay-
ment thereof. Upon a failure to repay such accelerated aiuount in full, the
department may proceed with a foreclosure in accordance with the provi-
sions of the deed of trust and state law regarding foreclosures.
(2) The department may seek, in a court of competent jurisdiction, an
order for specific performance of the defaulted obligation or the appoint-
ment of a receiver to operate the park in accordance with program re-
quirements.
(3) The department may seek such other remedies as may be available
under the relevant agreement or any law.
( b) In the event that the breach or violation involves charging rent or
other charges in excess of those permitted under the regulatory agree-
ment, the department may demand the return or compensation of such ex-
cess rents or other charges to the affected households. In any action to en-
foice the provisions of the regulatory agreement, the department may
seek as additional remedy, the repayment of such overcharges.
(c) Loan commitments may be cancelled by the department under any
of the following condidons:
(1) the objecdves and requirements of the program cannot be met;
(2) implementation cannot proceed in a timely fashion in accordance
with the approved plans and schedules;
(3) special conditions have not been fulfilled within required lime peri-
ods;
(4) the conversion has not commenced or been completed within three
years of the date of loan approval;
(5) there has been a material change in the principals or iTianageineni
of the sponsor or project, which was not approved by the departinent.
Upon receipt of a notice of intent to cancel the loan from the deparl-
menl. the borrower shall have the right to appeal to the Director.
(d) The departinent may use amounts available in the fund for the pur-
pose of curing, or avoiding, defaults on the terms of any loan or other ob-
ligation which jeopardize the fiscal integrity of the park or the integrity
of any individual interest in a park. Such defaults include defaults or im-
pending defaults in payments on mortgages, failures to pay taxes, or fail-
ures to maintain insurance or required operating reserves. The payment
or advance of funds by the department pursuant to this subdivision shall
be solely within the discretion of the department. All funds so advanced
shall be part of and added to the loan and, upon demand, due and payable
to the department.
Where it becomes necessary to u.se the fund for the purpose of assisting
a project to avoid threatened defaults or foreclosures, the department
shall take those actions necessary, including but not limited to, foreclo-
sure or forced sale of the project property, to prevent similar occurrences
and insure compliance with the terms of the applicable agreements.
NOTi:: Authority cited: Sections 50406(n) and 50786(a), Health and Safety Code.
Refeience: Section 50406. Health and Safety Code.
History
1. Amendment of section heading, repealer and new section, and ainendment of
Note filed 5-1 1-2001; operative 5-11-2001 pursuant to Government Code
section 1 1343.4 (Register 2001. No. 19).
Subchapter 14. California Housing
Rehabilitation Program for Owner-Occupied
Housing
Article 1. General
§ 8040. Purpose and Scope.
(a) This subchapter establishes the California Housing Rehabilitation
Program for Owner-Occupied Housing and implements and interprets
chapter 6.5 (commencing with section 50660) of part 2 of division 3 1 of
the Health and Safety Code, and chapter 12.45 (commencing with sec-
tion 8878. 1 5) of division 1 of title 2 of the Government Code.
(b) These regulations establish procedures for the award, disburse-
ment, management and repayment of loans and establish policies and
procedures for use of these funds to rehabilitate owner-occupied hous-
ing.
(c) Notwithstanding section 7670(c) of this part, until July 1, 1990, un-
less extended by statute, loans entered into after the effective date of this
subchapter from all deferred payment loan programs for owner-occu-
pant property authorized by chapter 6.5 (commencing with section
50660) of part 2 of division 3 1 of the Health and Safety Code, except the
programs specified in Health and Safety Code sections 50662.5 and
50662.7, shall be governed by this subchapter. For loans on owner-occu-
pied property, entered into after the effective date of this subchapter and
until July 1, 1990 unless extended by statute, this subchapter supersedes
the provisions of subchapter 5.5 (commencing with section 7450) of
chapter 7 of this part.
NOTE: Authority cited: Section 50668.5(g), Health and Safety Code. Reference:
Sections 50660, 50662.5, 50668.5, and 50671, Health and Safety Code; and Sec-
tion 8878.21, Government Code.
History
1 . New section filed 1 1 -30-89 as an emergency; operative 1 1 -30-89 (Register 89.
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3--3O-90.
Page 430
Register 2005, No. 28; 7-15-2005
Title 25
Department of Housing and Community Development Programs
Jj 8042
2. New section lelllecl 3-26-90 as an emergency; operative 3-30-90 ( Register 90.
No. 16). A CeHiUcate otConipliance must be transmitted to OAL within 120
clays or emergency language will he repealed by operation ol' law on 7-30-90.
3. New section Tiled 7-26-90 as an emergency; operative 7-26-90 (Register 90.
Nc). 38). A Certificate ofComplianee must be tiansmitted to OAL by 11-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 ( Register 90. No. 42). A Ceiiilicate ofComplianee must be transniiited
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
.■S. New section refded 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance nuisl be iransmiued to OAL by
3- 1 8-9 1 or emergency language will be re|Kaled by operation ol law on the Ibl-
lowing day.
6. Readoption of 8-27-90 order tiled 12-21-90 as an emergency; operative
1 2-2 1 -90 ( Register9 1 . No. 7). A Ceiiilicate ol Compliance must be transmiited
to OAL by 4-22-9 1 oremergeney language will be repealed by operation of law
on the folk)wing day.
7. Ceilirieale of Compliance as lo 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 1 1-16-90. including amendment of subsections (a) and
(c) transmitted to OAL 1 1-.30-90 and filed 12-31-90 (Register 91. No. 7).
§ 8041 . Definitions.
It! addiiion lo the definition.s found iti chapler 2 (comtnencing with
section 50050), of pan I ofdivision3l of the Health and Safety Code and
subchapter 2 (comtnencing with section 6910) of chapter 6.5 of this title,
the following definitions shall apply to this subchapter. In the event of a
conflict between definitions, these definitions prevail for the purposes of
this subchapter:
(a) ""Abilily to afford" tneans that housing costs as defined in section
6920 of this title do not exceed 30 percent of the gross income of the bor-
rower.
(b) "Account"" means the special account in the Housing Rehabilita-
tion Loan Fund established by section 8878.2 1 of the Government Code.
(c) "After-rehabilitation value"' means estimated fair market value of
the property including completed rehabilitation work.
(d ) "Applicant"" is a local entity which submits an application to the de-
partment lo operate a local program.
(e) "Borrower"" means an owner-occupant receiving a deferred pay-
tnent loan made pursuant to this subchapter.
(0 "CHRP-O"" is the acronym used lo describe the California Housing
Rehabilitation Program for Owtier-Occupied Housing.
(g) "Deferred payment loan"" means a loan from the account made pur-
suant to this subchapter.
(h) "Depanmenl"" means the same as defined in section 50064 of the
Health and Safety Code.
(i) "Director"" means the Director of the Deparlmem of Housing and
Community Development.
(J > "Elderly"" means the same as defined in section 50067 of the Health
and Safety Code.
(k) "Gross income"" means all income as defined in section 69 14 of this
title.
(/) "Incipient code violation"" means a condition exists in the property
which, at the titne of the initial property inspection, is deteriorating at
such a rale that it will result in a substandard condition within two years
o\' the inspection.
(m) "Leverage"" means combining other funding sources with Pro-
gram funds when originating individual deferred payment loans.
(n) "Liquidated damages" means an amount agreed to by the contrac-
tor and local entity to be considered full damages if the contractor should
fail to fulfill the tertns of the construction contract.
(o) "Loan-to-value ratio"" means the ratio between the amount of a
tnortgage loan and the value of the real estate securing it.
(p) "Local entity" means a local public entity as defined in section
50079 of the Health and Safety Code or a nonprofit corporation as de-
fined in section 50091 of the Health and Safety Code.
(q) "Local program" means a rehabilitation loan program operated by
a local entity to provide deferred payment loans for the rehabilitation of
property pursuant to the provisions of this subchapter.
(r) "Lowor-income household " means the same as defined in section
50079.5 of the Health and Safety Code.
(s) "Overcrowding"" means the condition of a dwelling unit that does
not meet the space and occupancy standards as set forth in sectic)n 50.^
of the "1988 Uniform Housing Code," issued by the Iniernalional Con-
ference of BuildingOfficials, 5.360 South Workman Mill Road, Whiltier.
California 90601."
(t) "Program"" means the Calil'ornia Housing Rehabilitation Program
for Owner-Occupied Housing.
(u) "Property"" means a dwelling unit constructed pursuant lo (he re-
quirements of Stale Housing Law (California Health and Safety Code di-
vision 13, part l.5,eoinmencingv/ith section 1 79 10), occupied by an eli-
gible borrower as his or her principal place of residence.
(v) "Rehabilitation"" means repairs to substandard owner-occupied
property necessary to meet rehabilitation standards or lo correct defects
causing it to be a substandard building pursuant to section 17920.3 of the
Health and Safety Code, and improvements, including room additions
and handicapped accessibility work, financed pursuant to this subchapt-
er.
(w) "Room addition" means the construction of additional square
footage on the property necessary to abate overcrowding. "Room addi-
tion'" also means the construction of an additional bathroom where the
ab.sence of such a bathroom results in a substandard condition as defined
in section 17920.3(a)(1) of the Health and Safety Code.
(x) "Rural area"" means the same as defined in section 50101 of the
Health and Safety Code,
(y) "Very low-income hou.sehold"" means persons or families as de-
fined in section 50105 of the Health and Safety Code.
NOTH: Authority cited; Section 50668. .'S(h). Health and Safety Code. Reference:
Sections 17910, 17920..3. .S0052..5, 50()64,\s0067. 50079, 50079.5. 50101. .50105.
50462. 50660, 50662. 50663, 50668.5. 50668.5(a), 50668. 5(b). 5()669(a) and
50670, Health and Safety Code; and Section 8878.21, Govemment Code.
History
1 . New section filed 1 1-30-89 as an emergency; operative I ) -30-89 ( Register 89,
No. 49). A Certificate ofComplianee must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New .section refiled 3-26-90 as an emergency; operative 3-30-90 ( Register 90.
No. 16). A Certificate ofComplianee must be transmiued to OAL wuhin 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90.
No. 38). A Certificate ofComplianee must be transmitted lo OAL by 1 1-23-90
oremergeney language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90, No. 42). A Certificate ofComplianee must be transmitted
to OAL by 12-26-90 or einergency language will be repealed by operation of
law on the following day.
5. New section refiled 11 -16-90 as an emergency; operative 1 1-16-90 (Register
90, No. 51). A Certificate of Compliance must be transmitted to OAL by
3-1 8-9 J oremergeney language will be repealed by operation of law on the Ibl-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
12-21-90(Register91,No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 oremergeney language will be repealed by operation ol law
on the following day.
7. Certificate ofComplianee as to 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 1 1-16-90, including amendment of sub.sections (f) and
(i) (/). (m), (n), (o), (u), and (w) transmitted to OAL 11-30-90 and filed
12-31-90 (Register91, No. 7).
Article 2. Program Requirements
§ 8042. Eligible Applicant.
(a) In order to be certified as eligible for funding, an applicant shall
demonstrate to the department" s satisfaction that it possesses:
( 1 ) the capability to develop, implement, and operate an owner-occu-
pied housing rehabilitarion program; and
(2) a knowledge of the rehabilitation needs of properties, as defined for
use by this program, in its area o\' service.
(b) The demonstration required by subdivision (a)(1) of this section
shall occur through documentation acceptable to the department oi at
least one of the following;
Page 430.1
Register 2005, No. 28; 7- 15-2005
§ 8043
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1 ) prior developineiiu implementation, and operation of a iiousing re-
hahililaiion program;
(2) employees with demonstrated ability orexperienee with the devel-
opment, implementation, and operation of a housing rehabilitation pro-
gram. Such demonstration may include a board member or members of
a nonprofit corporation having the expertise specified in this subdivision,
provided the board member or members shall have an active role in the
administration of the local program; or
(3) a contract, or evidence of entering into a contract, with a consultant
or consultants having demonstrated ability orexperienee for the purpose
of assisting with the implementation and operation of the local program.
(c) The demonstration required by this section shall occur through
documentation submitted as a part of the application made pursuant to
section 8054 of this subchapter.
NOTE: Aulhority cited: Section 50668.5(g). Health and Safety Code. Reference:
Section 50668.5(a). Health and Safety Code.
History
1 . New section filed 1 1 -30-89 as an emergency; operative ] 1-30-89 (Register 89.
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 ( Register 90,
No. 16). A Certificate of Compliance must be transtnitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an einergency; operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90. No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New .section refiled 1 1-16-90 as an emergency; operafive 1 1-16-90 (Register
90, No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 oremergency language will be repealed by operation of law tin the fol-
lowing day.
6. Readoplion of 8-27-90 order filed 12-21-90 as an emergency; operative
1 2-2 1 -90 ( Register 91 . No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 oremergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 1 1-16-90, including amendment of subsections (a), (b)
and (c) transmitted to OAL 1 1-30-90 and filed 12-31-90 (Register 91, No. 7).
§ 8043. Eligible Borrower.
An eligible borrower shall:
(a) be a lower-income household;
(b) own and occupy as a principal residence the property which is to
be rehabilitated; and
(c) not previously have received a deferred payineni loan froin the ac-
count.
NOTt:: Authorilv cited: .Section 50668. 5(s), Health and Safety Code. Reference:
Sections 50660.'5()668.5 and 50668. 5(b),"Health and Safety Code.
History
1. New section filed 1 1 -30-89 as an emergency: operative I 1-30-89 (Register 89.
No. 49). A Ceilificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on .3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 ( Register 90.
No. 16). A Ceilificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency: operative 7-26-90 (Register 90.
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 f Register 90, No. 42 ). A Certificate of Compliance must be transmitted
to OAL by 1 2-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
90. No. 51). A Certificate ol" Compliance must be transmitted to OAL by
3-18-9 1 oremergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoplion of 8-27-90 order filed 12-21-90 as an emergency; operative
12-2l-90(Register91,No. 7). A Ceilificate of Compliance must be transmitted
to OAL by 4-22-91 oremergency language will be repealed by operafion of law
on the following day.
7. Certificate of Compliance as to 11-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 11-16-90. includins amendment of subsecfion (c)
transmitted to OAL 1 1-30-90 and filed 12-31-90 (Register 91, No. 7).
§ 8044. Eligible Use of Funds.
(a) Proceeds froin the account for deferred payment loans to borrowers
may be used only for eligible costs that are incurred in the rehabilitation
of the property as set forth in this section. In addition, eligible costs must
be necessary and consistent with the lowest reasonable cost in the area.
In addition to eligible costs set forth in statute, eligible costs include, but
are not limited to. the following:
(1 ) costs of rehabilitation of the property;
(2) costs of room additions when other rehabilitation work is being
performed;
(3) costs of improvements necessary to ensure accessibility of the
property to physically handicapped borrowers or dependents occupying
the property, when other rehabilitation work is being performed;
(4) costs of improvements required to correct unsafe, unhealthy, or un-
sanitary conditions, including general property improvements when
such improvements are necessary or integral to the rehabilitation work;
[The next page is 431
Page 430.2
Register 2005, No. 28; 7-15-2005
Title 25
Department of Housing and Community Development Programs
ij S(M5
(5) costs incurred in originaling Ihe loan including the following:
(A) title insurance;
(B) credit reports;
(C) appraisal reports;
(D) first year insurance premiums;
(E) recording lees; and
(F) property tax and title monitoring service fees.
(6) costs of building permits and other related government fees; and
(7) costs of architectural, engineering, and other consultant services
which are directly related to the rehabilitation of the properly, which may
include the costs of an environmental assessment if such an assessment
is required as a condition of the loan by the department.
(b) Payments may be made to local entities for administrative ex-
penses, which shall be in the foriri of grants from the department pursuant
to section 8059. Adminislrative grant funds shall only be used for eligible
costs that are incurred in the administration of a local program and in ac-
cordance with the proposed budget submitted with the application pur-
suant to section 8054. Administrative grants shall be a maximum of
$2,500.00 or 20 percent of each deferred payment loan amount, whichev-
er is less. Eligible categories of cost include:
( 1 ) personal services, including the following:
(A) staff salaries, wages and benefits; and
(B) contract services which are directly related to the administration
of the local program.
(2) operating expenses and office equipment, including the following:
(A) office supplies, printing and copying, and telephone charges;
(B) travel;
(C) office rem and utilities related to the local program;
(D) rented office equipment; and
(E) insurance and fidelity bonds.
(3) construction fund disbursement fees; and
(4) escrow fees.
(c) All local entities shall be eligible to receive grants for administra-
live costs ofoperating a local program. Administrative grants will be paid
on a loan-by-loan basis in the following manner:
( 1 ) Local entities that are not leveraging deferred payment loan funds
with other funding sources shall receive their actual loan processing cost
or 20 percent of each deferred payment loan amount, up to $2,500.00.
(2) Local entities that are leveraging deferred payment loan funds with
other funding sources which do not provide administrative funding shall
receive their actual loan processing cost or 20 percent of each deferred
payment loan amount, up to $2,500.00.
(3) Local entities that are leveraging deferred payment loan funds with
other funding sources which do provide administrative funding shall re-
ceive the difference between the amount received through the other fi-
nancing source for their actual loan processing cost and the deferred pay-
ment loan or 20 percent of each deferred payment loan amount, up to
$2,500.00.
(4) Local entities that are leveraging deferred payment loan funds with
Entitlement Community Development Block Grant funds shall receive
no administrative fundingfrom the program for those loans in which def-
erred payment funds are leveraged with Entitlement Community Devel-
opment Block Grant funds.
(d) Local entities requesting administrative grant funding shall dem-
onstrate to the department's satisfaction the administrative funding re-
ceived from other financing sources is insufficient to implement and as-
sure compliance with the program. Such demonstration shall include a
certification from the local entity regarding the need for administrative
funds.
(e) Local entities shall not substitute fund commitments from the ac-
count for other available local funds. This restriction applies to the local
entity's overall rehabilitation activities, rather than on a loan-by-loan
basis.
NOTI: Authority cired; Secfjon 30668. .^(g). Health and Safety Code. Reference:
Sections .S066l.'5()662. 50664 and 50668.5(b), Health and Safety Code.
Hl.STOm'
1 . New section filed I 1 -30-89 as an emergency: operative ] 1 -3()~8y ( Kcgisicr 89,
No. 49). A Certificate of Compliance must be transmitted to OAL withni 120
days or emergency language will he repealed by operation of law on .i-.'?0-90.
2. New section re filed 3-26-90 as an emergency : operative 3-30-90 ( Rciiister 90.
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will he repealed by operation of law on 7-.^^() 90.
3. New section tiled 7-26-90 as an emergency: operative 7-26-90 (Register 90.
No. 38). A Certificate of Compliance must be (ransmitled loOALby 1 1 23-90
or emergency language will be repealed by operation ol law on the following
day.
4. Amendment of subsection (a) tiled 8-27-90 as an emergency: operati\e
8-27-90 (Register90. No. 42). A Certificate ol Compliance nui.sl he iransmiued
to OAL by 12-26-90 or emergency language will be repealed by operation ol
law on the following day.
5. New section refiled 1 1-16-90 as an emergency: operative 1 1-16-90 (Register
90. No. 51 ). A CertiHeate of Compliance must be transmilled to OAL by
3-18-9 1 oremerceney language will be repealed by operation ol law on ihe fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency: opeiaii\e
12-2 1-90 (Register 91, No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 or emergency language will berepealedby operation ol law
on the following day.
7. Certificate of Compliance as lo 1 1-30-89 order, readopted and operative on
3-30-90. 7-26-90 and 1 1-16-90. including amendment of subsections (a), (b).
(e).and(d) transmitted 10 OAL 1I-30-90 and filed 12-31-90(Regisier91 . No.
7).
§ 8045. Local Program Administration.
(a) The local entity shall implement the local program and be responsi-
ble for the following activities:
( 1) marketing the local program in a manner which ensures that the
goals and timeframes stated in the Standard Agreement pursuant to .sec-
tion 8056(a) are met:
(2) originating, packaging, and closing deferred payment loans in ac-
cordance with program requirements:
(3) approval of deferred payment loans upon certification by the de-
partment pursuant to section 8057(0:
(4) completing the construction requirements specified pursuant to
section 8046;
(5) disbursing funds on behalf of borrowers during construction:
(6) maintaining complete and accurate records of all deferred payment
loan disbursements and administrative grant expenditures to ensure ad-
herence to proper accounting procedures for the deferred payment loan
and administrative grant funds, which may be verified by the department
and may be subject to a fiscal audit;
(7) complying with reporting requirements pursuant to section 8060;
and
(8) meeting all other local entity requirements set forth in this sub-
chapter.
(b) Local entities may employ consultants or other entities to perform
any of the requirements specified in subdivision (a) of this section. The
consultant or other entities designated to implement all or any portion of
the program shall meet the standard specified in section 8042(a)( I ). The
local entity shall be responsible for ensuring that the actions of the con-
sultants or other entities are in compliance with the requirements oi this
subchapter.
NOTl^.: Authority cited: Section .5()668.5(g). Health and Safety Code. Reference:
Section 50668.5(a). Health and Safely Code.
HiSTOkV
L New section filed 1 1-30-89 as an emergency; operative 1 1-30-89 (Register 89,
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on .V30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 ( Register 90.
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1 -23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operaiwe
8-27-90 (Register 90. No. 42). A Certificate of Compliance must be trans-
Page 431
eister91,No. 13; 3-29-91
§ 8046
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
initted to OAL by 1 2-26-90 or emergency language will be repealed by opera-
lion of law on the following day.
5. New section refiled 1 1-16-90 as an emergency; operative 1 1-1 6-90 (Register
90. No. 31). A Certificate of Compliance must be transmitted to OAL by
3-1S-91 oremergency language will be repealedby operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
1 2-2 1 -90 ( Register 9 1 , No. 7 ). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 oremergency language will be repealed by operatit)n of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopied and operative on
3-30-90. 7-26-90 and 11-16-90. includinii an\endment of subsection (b)
transmitted to OAL 1 1-30-90 and filed 12-.3V90 (Register 91. No, 7).
§ 8046. Construction Requirements.
(a) The local eniily shall determine the rehahihtation work to be per-
formed on the property by conducting an initial property inspection.
Upon such inspection, the local entity shall:
( 1) prepare a work write-up which accurately describes the existing
conditions and the necessary repairs and improvements consistent with
the rehabilitation standards adopted by Ihe local entity and approved by
the department. The work write-up shall indicate which items are code
violations, incipient code violations, handicapped accessibility improve-
ments, and general property improvements; and
(2) prepare a cost estimate for the rehabilitation work, building per-
mits, government fees and the costs of architectural and engineering ser-
vices directly related to the rehabilitation work.
(b) The local entity shall ensure that the rehabilitation work funded
pursuant to this subchapter shall be performed in a competent, profes-
sional manner at the lowest reasonable cost consistent with current mar-
ket conditions. Except as outlined in subsection (g). the local entity shall
solicit, at a minimum, three written bids based on a bid package distrib-
uted to potential contractors. Such bid package shall include:
(1) the work write-up which details the rehabilitation performance
specifications;
(2) bid instructions which describe the local program requirements for
construction;
(3) a bid proposal form which incorporates the work write-up; and
(4) a sample construction cotitract which has been approved by the de-
partment.
(c) The local entity shall evaluate submitted bids in relation to its cost
estimate. If three written bids are not received, or the bids received are
higher than its cost estimates, the local entity shall include an explanation
in the deferred payment loan file docuinenting the process employed to
determine the reasonableness of costs. The local entity shall review all
bids with the borrower, and the borrower shall select a bid which would
result in the work being performed in a competent, professional manner
at the lowest reasonable cost consistent with current market conditions
and the local entity's cost estimate.
(d) The local entity may include a contingency amount, not to exceed
10 percent of the selected bid amount or the maximum loan amount es-
tablished pursuant to section 8048(a), to be used for unforeseen costs in-
curred in order to complete the rehabilitation as defined in this subchapt-
er. Any unused contingency funds shall be returned to the department for
deposit to the account, and shall be treated as a borrower payment to the
deferred payment loan.
(e) The local entity shall ensure that all general contractors and sub-
contractors selected by the borrower are licensed by the California State
Contractors Licensing Board and that they maintain Worker's Compen-
sation and Employer's Liability insurance to the extent required by State
law. The contractor selected shall complete the work in accordance with
a constRiction contract executed between the contractor and the borrower
and approved by the local entity. The constaiction contract shall, at a
minimum, contain provisions which:
( 1) require that the contractor complete the work in accordance with
the contractor's bid, work plans and specifications, and applicable local.
State, and Federal laws, regulations, and building codes;
(2) require the contractor to proceed with and complete the work in ac-
cordance with the approved work schedule;
(}) specify a total contract price consistent with the approved contrac-
tor's bid;
(4) provide for a rnethod of payment to the contractor consistent with
program requirements which may include progress payments and pay-
ment retentions;
(5) provide for a contractor contingency airiount, if any;
(6) permit the local entity and the departtnent and their designated
agents and employees the right to inspect the properly and all books, re-
cords and documents maintained by the contractor in connection with the
work;
(7) obligate the contractor to warrant the work for a period of not less
than one year;
(8) require that the contractor provide all lien releases and pay all
amounts when due for labor, materials, supplies and equipment provided
for completing the work; and
(9) provide for liquidated darnages.
(f)The local entity shall monitor construction for compliance with the
con.struction contract and program requirements, and establish practices
to ensure that payrnents to the contractor are properly expended by, or on
behalf of, the borrower. Such practices shall include:
(1 ) conducting on-site inspections of the rehabilitation work; and
(2) preparing progress inspection reports which authorize the issuance
of payments to borrowers and contractors.
(g) The borrower may perform all or a part of the labor, or provide ma-
terials, necessary to rehabilitate his or her property if all of the following
conditions are met:
( 1 ) the cost of the rehabilitation work for the portion to be performed
by the borrower is less than 90 percent of the local entity's cost estimate,
exclusive of profit and overhead for the general contractor;
(2) proceeds from the deferred payment loan shall not be used to pay
for materials for which no paid receipt is provided or for any borrower
or non-contracted worker's labor;
(3) the borrower has entered into a written contract pursuant to subdi-
vision (e) of this section with any subcontractor retained by the borrower;
and
(4) the local entity has demonstrated to the department that it has the
capacity to manage and supervise rehabilitation projects utilizing bor-
rower labor or that it will contract with a consultant or other entity that
has detnonstrated the capability to operate borrower-performed rehabili-
tation activities. Prior to the approval of the first deferred payment loan
utilizing borrower-performed rehabihtation activities, the local entity
shall submit the following to the department for approval of its ability to
ensure that the requirements of this program will be met when borrower-
performed rehabilitation is involved:
(A) the extent of the local entity's past involvement in borrower-per-
formed rehabilitation activities;
(B) evidence of local entity administrative funding in an amount ade-
quate to ensure proper management of borrower-performed rehabilita-
tion activities;
(C) the criteria used in determining a borrower's ability to perform re-
habilitation work;
(D) the accounting system used for purchasing materials, disbursing
loan funds, and conducting inspections of the rehabilitation work:
(E) provisions for completing the rehabilitation if a borrower fails to
complete the project.
NOTE: Authority cited: Section 50668.5(g). Health and Safety Code. Reference:
Sections 50668(a), 50668.5 and 50668.5(b). Health and Safety Code.
History
1 . New section filed 1 1 -30-89 as an emergency; operative 1 1 -30-89 ( Register 89.
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an einergency ; operative 3-30-90 (Register 90.
No. 16), A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operafion of law on 7-30-90.
Page 432
Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
§ 8049
3. New scclion filed 7-26-90 as an eniergeney; operative 7-26-90 (Register 90.
No. .38). A Cei-tit'ieale oi'Coniplianee imisi he transmitted to OAL by 1 1-2.^-90
or eniergeney language will be repealed by operation of law on the loilovving
day.
4. Amendment of subseetion (a) tiled 8-27-90 as an emergency: operative
8-27-90 (Regisier90. No. 42). A Ceniileateol Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the Ibllowing day.
.■S. New section rellled 1 1-16-90 as an emergency: t)peiative 1 1-16-90 (Register
90, No. .^1). A Certificate of Compliance must be transmitted to OAL by
,3-18-9 1 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency: operative
12-2l-9()(Register91, No. 7). A Ceilificate of Compliance must be transmitted
to OAL by 4-22-9 1 or emergency language will be repealed by operation of law
on the following day.
7. Ceilificate of Compliance as to I 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and I 1-16-90, includinc amendment of subsections (b)..(c).
(d).(e). and (i:) transmitted to OAL 1 l-.W-90and filed 12-3 1-90 (Register 91,
No. 7).
Article 3. Deferred Payment Loan
Requirements
§ 8047. Term of Loan.
(a) The initial loan term of a dcferied payment loan lo non-elderly bor-
rowers shall be five years. In the case of elderly borrowers, deferred pay-
ment loans shall be due upon transfer of title to the property. Deferred
payment loans to both elderly and non-elderly borrowers shall be due
and payable if the borrower no longer occupies the property as his or her
principal residence for reasons other than medical treatment or disability
which require a temporary alternate residence.
(b) The department shall allow additional five-year terms to a non-
elderly borrower, based on provided evidence which demonstrates that:
( 1 ) the title to the properly has not been sold or transferred except lo
the borrower's spouse or assumed by an eligible borrower as allowed in
section SO.'iKa) and (d);
(2) the borrower continues to occupy the properly as a principal resi-
dence; and
(3) the borrower's income is such thai the deferred payment loan could
not be repaid by refinancing from other sources without the borrower ex-
ceeding the ability lo afford his or her housing costs. Such evidence may
include income verifications and written rejeclions of refinancing appli-
cations from lending institutions which provide the reasons for rejection.
(c) A borrower seeking an extension .shall do the following:
( 1 ) submit a written request to the department for extension of the def-
erred payment loan;
(2) provide the evidence required in subdivision (b) of this. section; and
(3) execute the documents required in .section 8()56(c),
(d) A loan extension shall be conditioned on amortized payments
made by the borrower pursuant to section 8049(d),
(e) If a non-elderly borrower becomes elderly during the term of the
deferred payment loan, the terms and conditions specified for elderly
borrowers shall apply.
NOTf: Authority cited: Section .'S0668..S(g), Health and Safetv Code. Reference:
Sections ,^0660 and 50662, Health and Safety Code.
HiSIORY
i. New .section filed 1 1-30-89 as an emergency: operative 1 1-30-89 (Register 89,
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section re filed 3-26-90 as an emergency; operative 3-30-90 (Register 90,
No. 16). A Ceilificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency: operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency: operative
8-27-90 ( Register 90, No. 42). A Certificate of Compliance must be transmitted
lo OAL by 12-26-90 or emergency language will be repealed by operation of
law on the followine day.
.5. New section refiled 1 1-16-90 as an emergency: operative 1 1-16-90 ( Register
90, No. 31). A Certificate of Compliance must be transmitted to OAL by
3-1 8-91 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order tiled 12-21-90 as an emergency: operati\e
12-2 1-90 (Register9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 or emergency language will be repealetl by operatu)n of law
on the following day.
7. Certificate ol Compliance as lo I 1-30-89 order, readopted and operati\e on
.3-30-90, 7-26-90 and 1 1-16-90, mcludini! amendment of subsections (a), (b).
(c), and (d) transmitted to OAL 1 l-30-9()and filed 12-3|-90(Reiiisler9l, No.
7).
§ 8048. Maximum Loan Amounts.
(a) The maximum amount of a deferred payment loan to a borrower
shall be as follows:
( i ) $20,000; or
(2) $30,000, when the rehabilitation involves one or more worn addi-
tions, except that the total cost of room additions shall nt)l exceed
$10,000.
(b) Deferred payment loans shall be limited to the amount necessary
to covereligible costs which cannot otherwise be financed by other funds
unless the local entity determines that;
the payment on, or costs of administration and processing of, a loan
from other sources would cause the borrower to exceed tlie ability to al-
ford his or her housing costs,
(c) Upon request by the local entity to the department, the maximum
loan amounts established pursuant to subdivision (a) of this section shall
be increased if the department determines that all of the following cir-
cumstances exist;
( 1 ) the estimated rehabilitation costs are consistent with the lowest rea-
sonable costs of similar projects in the same area meeting minimum reha-
bilitation standards and local building and land use requirements;
(2) an increase is necessary to correct health and safety delects or to
meet handicapped accessibility standards; and
(3) the local entity has documented that no other funds are available
for the rehabilitation work.
NOTE: Authority cited: Section 50668.5(e). Health and Safetv Code. Reference:
Sections -S001()(b)(3), 50662, 50668.5(a) a^nd 50668.5(b), Health and Salety Code.
History
1. New section filed 11 -30-89 as an emergency; operative 1 I -30-89 (Register 89,
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled .3-26-90 as an emergency: operative 3-.3()-90( Register 90,
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90.
No. 38). A Certificate of Compliance must be transmitted to OAL by I 1-23-90
or emergency language will be rejieaied by operation of law t)n (he following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 ( Register 90, No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency: operative 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 oremergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency: operative
12-2 1 -90 (Register 91, No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 or emergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 11-16-90. including amendment of subsection (b)
transnutted to OAL 1 1-30-90 and filed 12-3V90 (Register 91, No. 7).
§ 8049. Interest Rate and Loan Repayments.
(a) Deferred payment loans shall bear sitnple interest of three percent
per annum on the unpaid principal balance. Interest shall accrue on the
deferred payment loan from the date on which the construction is com-
pleted and shall continue to accrue at such a rate until the deferred pay-
ment loan principal and interest are paid in full.
Page 433
Register 91, No. 13; .3-29-91
§ 8050
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) The tola! amount oroiitsiaiiding principal and interest shall be due
and payable in lull al the end of the loan term. A borrower may repay the
entire deferred payment loan amount at any time without penalty.
(c) Upon request by the borrower, the department may approve a vol-
untary prepayment plan, either at loan closing or any lime thereafter. The
plan may allow for the periodic payment of interest, or principal and in-
terest, prior to the end of the loan term, unless the administration and pro-
cessing of such prepayments would exceed the department's processing
cost. Al the request of the borrower, the plan may be revised or cancelled
without penalty.
(d) if the deferred payment loan is extended by the deparlmeni pur-
suant to section 8047(b), the borrower shall be required to make amor-
tized payments of interest, or principal and interest to the extent that:
{ 1 ) amortized payments when combined with other housing payments
may equal, but not exceed the borrower's ability to afford his or her hous-
ing costs; or
(2) the administration and processing of such payments would not ex-
ceed the department's processing cost.
NoTh: Aulhoritv cited: Section 50668.5(g). Health and Safety Code. Reference:
Sections 50662 and 50668.5(c), Health and Safety Code.
History
1 . New section filed 1 1-30-89 as an emergency; operative 1 1-30-89 (Register 89,
No. 49). A Certificate of Compliance must be transmitted to OAL v\'ithin 120
tlays or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiied 3-26-90 as an emergency; operative 3-30-90 (Register 90,
No. 16). A Certificate of Compliance must be transmiued to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New .secfion filed 7-26-90 as an emergency: operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1 -23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiied 1 1-16-90 as an emergency; operafive 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance must be transmitted to OAL by
3- 1 8-91 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
1 2-2 1 -90 ( Register 9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 oremergeney language will be repealed by operation of law
on the following day.
7. ("ertificate of Compliance as to 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 1 1-16-90, includingamendment of subsecfions (a), (c)
and (d) transmitted to OAL 1 1-30-90 and filed 12-31-90 (Register 91, No. 7).
§ 8050. Loan-to-Value Limits.
(a) The loan-to-value ratio of a deferred payment loan shall not ex-
ceed 90 percent of the value of the borrower's property calculated as fol-
\ows:
( 1 ) The loan-to-value ratio shall be calculated using: (a) the County
Tax Assessor's current valuation of the property and (b) all indebtedness
which will be senior to the deferred payment loan after the rehabilitation,
plus the proposed deferred payment loan (hereinafter referred to as the
"total indebtedness"). If the loan-to-value ratio exceeds 90 percent, then
the loan-to-value ratio shall be calculated as set forth in (2) below.
(2) The loan-to-value ratio shall be calculated using: (a) the current
estimated value of the property as determined by qualified local entity
staff who have been given prior approval by the department to conduct
property value analyses and (b) the total indebtedness. If the loan-to-va-
lue ratio exceeds 90 percent, then the loan-to-value ratio shall be calcu-
lated as set forth in (3) below. Any such staff analyses shall be accompa-
nied by data showing current comparable sales in the market area.
(3) The loan-to-value ratio shall be calculated using; (a) a fee apprais-
al of the after rehabilitation value of the property and (b) only those liens
which will be senior to the deferred payment loan, excluding senior citi-
zen property tax deferral liens, plus the deferred payment loan. This
loan-to-value ratio shall notexceed 90 percent of the after-rehabilitation
value of the borrower's property. The appraisal shall be undertaken at the
borrower's expense. The appraisal may be included as an eligible cost in
the borrower's deferred payment loan. The appraisal shall take into con-
sideration theestitnated value of the rehabilitation to be completed on the
property and shall:
(A) be prepared by an independent appraiser who:
( 1 .) has the knowledge and experience necessary to appraise residen-
tial property competently;
(2.) is aware of. understands, and correctly employs those recognized
methods and techniques that are necessary to produce a credible apprais-
al: and
(3.) in reporting the results of the appraisal, communicates such analy-
sis, opinion, and conclusion in a manner that is not misleading as to the
true value and condition of the property.
(B) utilize ail of the following methods to determine value:
( 1 .) sales of comparable properties; and
(C) include the pre-rehabilitation value.
(b) The department shall not accept any appraisal that does not con-
form to the provisions of subdivision (a)(3).
(c) Upon request by a local entity, the department may allow a loan-
to-value ratio greater than 90 percent, but less than 1 00 percent as calcu-
lated pui"suant to subdivision (a)(3), if the local entity provides evidence
acceptable to the department that the following exist:
(1) rehabilitation which requires a deferred payment loan amount
which would cause the loan-to-value ratio as calculated pursuant to sub-
division(a)(3) to exceed 90 percent and
(2) the borrower has the ability to afford all payment obligations.
(d) If the local entity is lenditig additional funds fort he rehabilitation,
regardless of the source, the local entity loans shall be recorded in a sub-
ordinate position to the deferred paytnent loan.
NOTE: Authority cited: Secfion 50668. 5(g), Health and Safety Code. Reference:
Section 50662, Health and Safety Code.
History
1. New section filed 11-3(3-89 as an emergency; operative 11 -30-89 (Register 89,
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiied 3-26-90 as an emergency; operative 3-30-90 (Register 90,
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency: operafive 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by i 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiied 1 1-16-90 as an emergency; operafive 1 1-16-90 (Register
90, No. 51). A Ceitificate of Compliance must be transmitted to OAL by
3-1 8-9 1 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
1 2-2 1-90 (Register 9 1 . No. 7). A Certificate of Comphance must be transmitted
to OAL by 4-22-91 oremergeney language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 11-30-89 order, readopted and operative on
3-30-90. 7-26-90 and 11 -16-90, including amendment of subsecfions (a), (b),
(c) and (d) transmitted to OAL 1 1-30-90 and filed 12-31 -90 (Register 91, No.
7).
§ 8051 . Sales, Transfers, Encumbrances, and
Assumptions.
(a) Deferred payment loans shall be due and repaid upon sale, convey-
ance, or transfer of the property or any interest therein, except in the case
of the transfer of the property to a borrower's spouse as a consequence
of marriage, dissolution of marriage, death, or unless assumed by an eli-
gible borrower.
(b) The borrower shall not encumber, pledge, or hypothecate the prop-
erty or any interest therein or portion thereof with liens which are re-
corded in a senior position to that of the deferred payment loan without
the prior written approval of the department. The borrower shall cure any
unapproved lien, charge, or assessment against the property as required
Page 434
Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
iij 8053
•
•
by the deparinicni pursLiani to section 8()52(b). The department may siib-
t)rdinate the delened payment loan and permit refinancing of existing
Hens or additional financing secured by the property to the extent that
such financing docs not exceed the loan-lo-vahie ratio pursuant to sec-
tion 8()5()(a) and (c).
(c) When a deferred payment loan is repaid, the loan agreement re-
quired pursuant to section 8()56(b) shall he lerminaied, the deed of trust
shall be reconveyed. and any other security documents shall he termi-
nated.
(d) With prior approval of the department, the deferred payment loan
may be assumed by a borrower who meets the eligibility requirements
and who shall be subject to the requirements of this subchapter.
No It:: Authority cited: Section 50668. 5{gi. Health and Safety Code. Reference:
Section .50662, Health and Safety Code.
Hi. STORY
1. New section filed 1 l-.^()-89asanemergency: operative I 1-30-89 (Register 89,
No. 49). A Cenificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on ,3-.30-90.
2. New section rellled .3-26-90 as an emergency; operative .3-30-90 (Register 90,
No. 16). A Certiheate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30 90.
3. New section Hied 7-26-90 as an emergency; operative 7-26-90 (Register 90,
No. 38). A CertiPieaie of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Ainendfiieni of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 ( Register 90, No. 42 ). A Certificate of Compliance inust be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
.5. New section refiled 1 1-16-90 as an emergency; operative I 1-16-90 (Register
90, No. 51). A Certificate of Compliance must be transmitted to OAL by
.3-18-9 1 or emergency language will be repealed by operation of law on the <bl-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
1 2-2 1 -90 ( Register 9 1 , No. 7 ). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 oremergeney language will be repealed by operation of law
on the following day.
7. Certificate ot Compliance as to 1 1-30-89 order, leadopted and operative on
3-30-90. 7-26-90 and 1 1-16-90, includinii amendment of subsections (a), (b),
and (d) transmitted to OAL 1 1-.30-90 and filed 12-31-90 (Reeister 91, No. 7).
§ 8052. Defaults on Borrower Loans.
(a) If a borrower or successor-in-interest breaches or violates any pro-
vision of ( 1 ) the loan agreement entered into pursuant to section 8056 (b),
(2) the promissory note, (3) the deed of trust, (4) any other agreement per-
taining to the deferred payment loan, or (5) these regulations, the depart-
ment shall give written notice to the borrower to cure the breach or viola-
tion within a period of not less than 30 days from such notice. If the
breach or violation is not cured to the satisfaction of the department with-
in the specified time period, the department, at its option, may declare a
default under the relevant document and seek legal rernedies for the de-
fault which shall include the following:
( i ) The department shall accelerate all amounts, including outstanding
principal and interest, due under the deferred payment loan and demand
immediate repayment. Upon a failure to repay such accelerated amount
in full, the department shall proceed with a foreclosure in accordance
with the provisions of the deed of trust; or
(2) The department may seek such other remedies as may be available
under the relevant agreement or any law.
(b) The department may use any amounts available in the default re-
serve subaccount established pursuant to section 8062(a) for the purpose
of curing or avoiding a borrower's default on the terms of the loan which
jeopardize the department's security in the property.
( I ) The payment or advance of funds from the default reserve subac-
count to cure or avoid a borrower's default on the terms of a loan shall
be solely within the discretion of the department. No borrower shall be
entitled to payment of funds from the default reserve subaccount.
(2) All funds so advanced on behalf of the borrower shall become part
of the deferred payment loan and. upon demand, due and payable to the
department.
(3) If funds from the default reserve subaccount are used to assist a bor-
rower to avoid a threatened default or foreclosure, the departmeni shall
take those actions necessary to prevent similar occurrences and to insure
compliance with the terms of the applicable agreements. Such actions by
the department shall include foreclosure or forced sale of the borrower's
property.
NOTf:: Authoritv cited: Section 50668.5 (g). Health and Saletv Code. Kctcivnce:
Section 50668. .5 (b). Health and Safety Code.
History
1 . New section filed 1 1 -30-89 as an emergency; operative 1 1 -30-89 ( Register 89.
No. 49). A Certificate ot Compliance must be transmitted to OAL within 120
days oremergeney language will be repealed by t)peration of law on 3-30-90.
2. New section refiled .3-26-90 as an emergency ; operative 3-30-90 ( Register 90.
No. 16). A Certificate of Complianee must be transmitted to OAL within 120
days oremergeney language will be repealed by operation of law on 7-30-90.
3. New section refiled 3-26-90 as an emergency; operative 3-30-90 ( Register 90.
No. 16). A Certificate of Complianee must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
4. Amendment of subsection (a) tiled 8-27-90 as an emergeney; operaii\e
8-27-90 (Register 90. No, 42). A Certificate of Compliance must be transnnited
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergeney; operative 1 I- 16-90 (Regi.ster
90, No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 oremergeney language will be repealed by operation of lav\ on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergene\; t)perative
1 2-21-90 (Register 9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 oremergeney language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to I 1-30-89 order, readopted and operali\e on
.3-30-90. 7-26-90 and 1 1-16-90, meludins amendment of subsections (a) and
(b) transmitted to OAL 11-30-90 and filed 12-31-90 (Reijister 91. No. 7).
Article 4.
Application for Funding
Procedures
§ 8053. Application Process.
(a) The department shall issue a Notice of Funding Availability
(NOFA) which specifies the total amount of funds available under the
NOFA, the application requirements, the allocation of rating points, and
the general terms and conditions of funding commitments. Applications
in response to each NOFA will be accepted on a continuous basis and
ranked at least quarterly.
(b) The inaximum amount of funds available to a local entity under
each NOFA shall be specified in the NOFA.
(c) The department shall process an application in accordance w ith the
following schedule:
(1) Within 30 calendar days of receipt of an application, the depart-
ment shall provide the applicant with written notice as to whether the
application is complete pursuant to section 8054. If the application is not
complete, the nodce shall specify the information or documentation nec-
essary to complete the application.
(2) Within 45 calendar days of notification that the application is com-
plete, the department shall provide the applicant with written notice
whether the application has qualified to be rated pursuant to section 8055
(c). If the application does not qualify for rating, the notice shall provide
an explanation of the reasons for disqualification.
(3) Within 45 calendar days of providing notice that an application
qualifies for rating, the departinent shall provide the local entity with
written nofice whether an application will be considered for funding and.
if considered for funding, the scheduled date for that consideration. If an
application is not considered for funding, the local entity shall be nt)tified
in writing, including an explanation of the rating and the reasons for de-
nial.
Page 435
Register 91, No. 13; 3-29-91
§ 8054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) Within 10 working days after a local program has been considered
lor funding, the deparlment shall provide the local entity with written no-
tification of the decision. Local programs selected for funding shall be
approved at loan amounts, terms and conditions specified by the depart-
ment.
id) The department shall allocate not less than 20 percent of the monies
from the program to local programs in rural areas. If necessary the depart-
ment may:
1 1 ) issue a special NOFA for rural local programs; or
1 2) reserve a portion of funds specified in each NOFA lor mral local
programs.
NOTt: Authority cited: Section 50668.5 (g). Health and Safety Code. Reference:
Sections 50661 and 50668.5 (a). Health and Safety Code.
History
1. New section filed 1 1-30-89 as an emergency; operative 1 1-30-89 (Register 89.
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section reflled 3-26-90 as an emergency: operative 3-30-90 (Register 90.
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section refiled 3-26-90 as an emergency; operative 3-30-90 (Register 90,
No. 16). A Ceilificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
4. Amendment of subsection (a) filed 8-27-90 as an emergency: operative
8-27-90 (Register90. No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency: operative 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance must be transmitted to OAL by
3-1 8-9 1 oremergcncy language will be repealed by operation of law on the lol-
lowing day.
6. Readopiion of 8-27-90 order filed 12-21-90 as an emergency: operative
1 2-2 1-90 (Register 91. No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 or emergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopted and operative on
3-30-90. 7-26-90 and 11-16-90. includine amendment of subsection (c)
transmitted to OAL 1 1-30-90 and filed 12-31-90 (Register 9L No. 7).
§ 8054. Application Requirements.
(a) Applications for local program fund commitments shall be made
on form HCD O-OOl. California Housing Rehabilitation Program for
Owner-Occupied Housing (CHRP-0), Local Program Application,
dated 8/90 as set forth in subdivision (c) of this section. This form is pro-
vided by the deparlment.
(b) The local entity may apply for additional funds from the program
once all previously committed deferred payment loan funds have been
expetided. Requests for additional fund commitments shall be made on
form HCD O-OOl . California Housing Rehabilitation Program for Ow-
ner-Occupied Housing (CHRP-0), Local program Application, dated
8/90 as set forth in subdivision(c) of this section. This form is provided
by the department. Applications for additional fund commitments shall
be selected pursuant to section 805.S of this subchapter.
(c) Copy of form HCD O-OOl , California Housing Rehabilitation Pro-
gram for Owner-Occupied Housing tCHRP-O), Local Program Appli-
cation, dated 8/90.
•
Page 436
Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
^ S054
HCD ()-()() 1.8/90
CALIFORNIA HOUSING REHABILITATION PROGRAM
FOR OWNER-OCCUPIED HOUSING (CHRP-0)
LOCAL PROGRAM APPLICATION
California Departmenl ol Housing and Community Development
Division ol' Community AtTairs, CHRP-O
PO. Box 952054. 1800 Third Street, Sacramento, California 94252-2054
(916)32.'^-3178
This application, if approved for funding, will be a part of your Standard Agreement with the department. All sections of this appli
cation, including Attachments and Exhibits must Ix^ complete and accurate.
PLEASE NOTE: When applying for additional lunds, only those items which differ from the original application need
be
completed.
If there are any questions about the application, the process employed when applying for additional funding, or if you re-
quire technical assistance, please contact program staff at the above address or phone number.
SECTION 1: APPLICATION SUMMARY
A. NAME OF APPLICANT:
B. APPLICANT ADDRESS:
C CHIEF EXECUTIVE NAME AND TITLE:
D. CONTACT PERSON AND TITLE:
E. TELEPHONE NUMBER: ( )
FAX NUMBER: (
LOCATION OF LOCAL PROGRAM:
G. AMOUNT OF FUNDS REQUESTED: LOAN FUNDS:
GRANT FUNDS:
(UP TO 20% OF LOAN FUNDS)
ESTIMATED NUMBER OF HOUSEHOLDS TO RECEIVE CHRP-O LOANS:
ESTIMATED TOTAL COST OF REHABILITATION PER HOUSEHOLD:
J. ESTIMATED AMOUNT OF CHRP-O FUNDS PER HOUSEHOLD:
Page 437
Bister 91, No. 13; 3-29-91
§ 8054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
SECTION II: APPLICANT INFORMATION
A. APPLICANT
The Applicanl is a (check one)
[ JCily
1 ] County
[ J Nonprofit Corporation
[ I Redevelopment Agency
[ J Indian Reservation or Rancheria
I J Housing Authority
I ] Other (specify)
Years organization has been involved in housing programs;
3. If applicant is a nonprofit corporation, attach IRS status, a copy of the corporation's most cuiTcnt tax return, and a state-
ment of assets and liabilities. Label as "ATTACHMENT 1. NONPROFIT CORPORATION DOCUMENTS AND
FINANCIALS."
4. Attach a description of the applicant's experience and administrative skills for implementing a local housing
rehabilitation program, using the following format:
Sources
of Funds
Type of
Program
Property
Types
Dates
No. of
Units
Funds
Expended
Provide references from funding sources with whom you have worked in the programs noted above.
Include names, addresses and phone numbers of contacts. Label as "ATTACHMENT 2. APPLICANT
QUALIFICATIONS."
B. SERVICE PROVIDERS (If you are retaining the services of a consultant, please provide the information below.
If the services of more than one consultant are being used, please attach additional sheets.)
Consultant Name:
a. Address:
b. Phone number:
c. Contact Person:
Fax number: L
Title:
Page 438
Register 91, No. 13; 3-29-91
Title 25 Department of Housing and Community Development Programs § 8054
Attach a summary of each consuhanl's experience in housing rehabihtation and quahficalions for providing
the services for which you will contract and a copy of a letter of intent executed by the consultant. Con-
tracted services may include loan underwriting and origination services; construction services for inspec-
tions, work write-ups, cost estimates; use of escrows and fund control services; and attorney fees. Label as
-ATTACHMENT 3. CONSULTANT QUALIFICATIONS AND COMMITMENT."
SECTION III. LOCAL PROGRAM SUMMARY
A. GENERAL DESCRIPTION
1 . Provide a map of thejurisdiclion in which the CHRP-0 program will operate, showing the location of the pro-
posed service area or areas in which the program will be concentrated. Label as "ATTACHMENT 4. MAP."
2. indicate if there are any special characteristics of the proposed local program area or areas of service which
would have an adverse impact on the value of properties in the area, thereby affecting the security of the States
loans. (These would include any adverse environmental conditions, including, but not limited to. the presence
of toxic wastes.) Label as "ATl^ACHMENT 5. LOCAL PROGRAM SERVICE AREA: SPECIAL
CHARACTERISTICS."
3. Provide the following information regarding performance goals for all units to be rehabilitated using CHRP-O
funds:
a. Indicate the estimated total number of owner-occupied properties
to be rehabilitated; 1 ()()7r
b. Of these, indicate the estimated number and percentage that will be
very low-income households: 'A_
c. Oi' these, indicate the estimated number and percentage that will have
three or occupied bymore bedrooms: 'Tr
Indicate the reasons that the numbers stated above were chosen. (These could include reasons such as previous
program experience, a demonstrated need for rehabilitation of three-bedroom units, or a large proportion of
very low-income households in the proposed local program area or areas of service.) Label as "ATTACH-
MENT 6. REHABILITATION GOALS."
Indicate below the estimated amount and percentage of CHRP-O loan funds which will be utilized for the
following types of eligible uses of funds pursuant to Section 8044 of the program regulations;
Page 439 Register 91, No. 13; 3-29-91
§8054 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
a. Rehabilitation work to correct code deficiencies: $ ^
b. Rehabilitation work to correct incipient code deficiences: $ %
c. Construction of room additions: $ ^
d. Rehabilitation work to ensure accessibihty ol' the property
to handicapped bon'owers or dependents:
e. General properly improvements:
f. Loan origination costs:
g. Building permits and related government fees:
h. Architectural, engineering and other technical
consultant services related to the property rehabilitations: $ ^
5. Provide a budget, detailing the local entity's costs to process CHRP-O loans, including the cost of processing indi-
vidual loans. Also identify the amount of payments which will be received for each loan from any other source of
funding which is leveraged with CHRP-O funds in the administration of the local program. Label as "ATTACH-
MENT 7. ADMINISTRATIVE BUDGET."
LOCAL PROGRAM DESIGN AND PROCESS
Describe the design and process of the proposed CHRP-O program and label as "ATTACHMENT 8. CHRP-O PROGRAM
DESIGN." Include information about the following:
I . Marketing plan - Discuss proposed marketing for specific service areas and population. Include a copy of any estab-
lished waiting list.
')
Screening procedures - Include a description of the criteria used in determining who will be placed on the local pro-
gram waiting list, if any, and who will receive applications to apply for CHRP-O funds.
3. Pre-construction processes - Include the process for inspections, preparation of work write-ups and cost estimates.
4. Loan approval process - Include the methods of verifying income, credit history, mortgage liens, condition of title
on the property, and value of property/appraisals for local and CHRP-O funds.
5. Fund disbursement procedures - Include the timeframes for disbursing funds to contractors.
6. Supervision of rehabilitation - Include construction management and monitoring and include how supervision of
any owner-performed rehabilitation activities will differ from the supervision of construction performed by licensed
contractors.
7. Construction completion - Include file close-out procedures.
Page 440 Register 91, No. 13; 3-29-91
Title 25 Department of Housing and Community Development Programs ^ 8054
C. TIMEFRAMES
Slate the anticipated timeframe ibr the CHRP-0 piogram. This should include the date by which all loans made under this
commitment will be submitted to the Department for approval, the date by which all projects will be in the construction phase,
and the date by which all loan files will have been completed. Label as "ATTACHMENT 9. TIMEFRAMES.*"
D. STAFFING
Provide a list of the staff assigned to implement and operate each of the following phases of the CHRP-() program: fund dis-
bursement: loan approval: loan processing; and inspection services. Include a Job description of the overall duties of each
person who will work on the CHRP-0 program, and a description of related experience for each staff person listed. Label
as "ATTACHMENT 10. STAFFING DESCRIPTION."
SECTION IV. LOCAL HOUSING NEEDS
A. LOCAL HOUSING NEED
1 . Provide the information requested below for the areas in which you intend to operate the CHRP-O program.
a. Current estimated total owner-occupied properties:
b. Current estimated total owner-occupied properties needing rehabilitation:
c. Total properties vacant for sale as reported in the 1980 census data:
d. Total owner-occupied properties as reported in the 1980 Census data:
e. Total owner lower-income households paying 25% or more of income for monthly
housing costs as reported in the 1980 census data:
L Of the current estimated total owner-occupied properties, indicate the estimated
percentage that will need rehabilitation (b divided by a):
g. Of the sum of the 1 980 estimated total owner-occupied properties and the 1 980
total properties vacant for sale, indicate the estimated percentage that were vacant
for sale (c divided by the sum of d plus c):
h. Of the total owner-occupied properties reported in the 1 980 census, indicate the
percentage that were affordable (the difference of d minus e, divided by d):
2. Submit any documentation supporting the data reported above and label as "ATTACHMENT 1 1 . LOCAL
HOUSING NEED."
B. LOCAL HOUSING PROGRAMS
I . Indicate the status of the local housing element of the General Plan.
a. Substantive compliance:
(Substantive compliance is demonstrated by a letter from the Department which sets forth findings that the
housing element adopted within the timeframes required by Section 65.588 of the Government Code in-
cludes that substance essential to every requirement of Article 10.6. commencing with Section 65580. of
Chapter 3 of Division 1 of Title 7 of the Government Code.)
b. Procedural compliance:
(Procedural compliance means that the local public entity has complied with all procedures required by law for the
Department's review of a draft housing element, local adoption of the element, and submission of the adopted ele-
ment to the Department.)
c. Not in compliance:
d. Not yet submitted to the department:
Page 441 Register91,No. 13;3-29-Q1
§ 8054 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
2. Provide a copy of the most recent correspondence from the Department indicating the status of the housing element.
If the local housing element is not in substantive compliance, the local agency may submit the cuiTcnt element and
may receive an expedited review to determine its current status. Label as "ATTACHMENT 12. HOUSING ELE-
MENT STATUS."
3. Attach documentation, including applicable parts o[' the housing element or a letter from the Jurisdiction in which
the local program will operate, supporting the statements checked below. Label as "ATTACHMENT 13. LOCAL
HOUSING PROGRAMS.'' Check all applicable statements:
a. The local program has received a commitment of financial or nonfinancial assistance from a local public
entity.
b. The service area has received a commitment for financial or nonfinancial assistance in support of
lower-income housing from a source other than a local public entity.
c. The local program is eligible for financial or nonfinancial assistance under a local public entity's
program in support of lower-income housing, but has not received a commitment.
d. The service area is located in a city or the unincorporated area of a county that has programs in support
of lower-income housing, but is ineligible for these programs.
e. None of the above apply.
C. Briefly discuss how the CHRP-0 funds will be used to address the community's identified housing rehabilitation needs. Label
as "ATTACHMENT 14. ADDRESSING REHABILITATION NEEDS."
SECTION V. SOURCES OF FUNDS
A. Identify other sources of rehabilitation loan or grant funds available in the service area that will be leveraged with a CHRP-O
deferred payment loan and label as "ATTACHMENT 15. FUNDING SOURCES." Include the following information for
each source:
1 . Source of funds
2. Amounts available
3. Status of availability
4. Expiration dates
5. Evidence of funding
6. Terms and conditions
B. Describe the circumstances under which CHRP-0 funds will be used alone or in combination with other available public or
private funds. Include a specific description of all leveraging arrangements.
C. Attach letters of intent or support from each funding source listed in (a) above. Label as "ATTACHMENT 16. FUNDING
SOURCE LETTERS."
SElCTION VI. RESOLUTION AND CERTIFICATIONS
A. GOVERNING BOARD RESOLUTION
Attach the resolution, duly executed by the governing board of the local entity granting authority to make application to the
department for a funding commitment from the CHRP-0. Label as ''ATTACHMENT 17. GOVERNING BOARD RESOLU-
TION." A sample resolution is included in this application package as Exhibit B.
Page 442 Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
§ 8054
B. CERTIFICATIONS
Attach a certification signed by the Chief Eixecutive of the local entity certifying that the information and statements prov ided
in the application are true, accurate and complete to the best of the Chief Executive's knowledge. Label as ""ATTACHMENT
1 8. CERTIFICATION AND COMMITMENT OF RESPONSIBILITY." A sample form is included in the application as Ex-
hibit C.
SECTION VII. LEGISLATIVE REPRESENTATIVES
Indicate all Legislators who represent any portion of the proposed service area.
Members oi" the Assembly
State Senators
District number:
Name;
District
Address:
City:
District number:
Name:
District
Address:
City:
District number:
Name:
District
Address:
City:
District number:
Name:
District
Address:
City:
SECTION VIII. EXHIBITS
Exhibit A - Attachment Checklist
Exhibit B - Local Entity Sample Resolution
Exhibit C - Local Entity Certification and Commitment of Responsibility
NOTE: Review your application and Attachments/Exhibits for completeness, as incomplete packages will not be rated.
Page 443
Register 91, No. 13; 3-29-91
§8054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
EXHIBIT A
ATTACHMENT CHECKLIST
Check if
Applicable
Check if
ncluded
NONPROFIT CORPORATION DOCUMENTS AND FINANCIALS
2. APPLICANT QUALIFICATIONS
3. CONSULTANT QUALIFICATIONS AND COMMITMENT
MAP
LOCAL PROGRAM SERVICE AREA: SPECIAL CHARACTERISTICS
6. REHABILITATION GOALS
7. ADMINISTRATIVE BUDGET
8. CHRP-0 PROGRAM DESIGN
9. TIMEFRAMES
10. STAFFING DESCRIPTION
1 1 . LOCAL HOUSING NEED
1 2. HOUSING ELEMENT STATUS
13. LOCAL HOUSING PROGRAMS
1 4. ADDRESSING REHABILITATION NEEDS
15. FUNDING SOURCES
16. FUNDING SOURCE LETTERS
] 7. GOVERNING BOARD RESOLUTION
1 8. CERTIFICATION AND COMMITMENT OF RESPONSIBILITY
Page 444
Register 91, No. 13; 3-29-91
Title 25 Department of Housing and Community Development Programs § S()54
EXHIBIT B
(SAMPLE RESOLUTION)
RESOLUTION NO.
THE GOVERNING BOARD OF
(Tiile or Local Eniity)
HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION FOR FUNDING. THE EXECUTION OF
A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO. AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE CALIFORNIA HOUSING REHABILITATION PROGRAM FOR OWNER-
OCCUPIED HOUSING AND SECURE A COMMITMENT OF FUNDS FROM THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPME-.NT.
WHEREAS
A. (name of Local Entity), a California
(type ol" Local Entity) organized and operated under the Constitution
and laws of the Slate of California, wishes to receive a commitment of funds and participate in the California
Housing Rehabilitation Program for Owner-Occupied Housing (hereinafter referred to as "CHRP-O"*).
B. The California Department of Housing and Community Development (hereinafter refeixed to as the "department")
is authorized to make funds available for deferred payment loans for the purpose of financing housing rehabilitation
and has issued a Notice of Funding Availability under CHRP-O.
C. The (name of Local Entity) wishes to obtain from
the department, a commitment of funds for the purpose of providing deferred payment loans to finance housing
rehabilitation costs for eligible borrowers under a local housing rehabilitation program.
IT IS NOW RESOLVED THAT:
1. The (name of Local Entity) shall submit to the
department an application for participation in CHRP-O and to request a commitment of funds for the purpose of
providing deferred payment loans to finance housing rehabilitation costs for eligible borrowers under a local housing
rehabilitation program located in (program location).
2. If the application is approved, the (name of Local
Entity) is hereby authorized to enter into a standard agreement with the department for the purposes set forth in the
application and approved by the department. It also may execute other instruments necessary or required by
the department for participation in CHRP-O.
3. The (name of Local Entity) is further authorized
to request amendments, including increases in fund commitments up to the maximum amounts approved by the
department and to execute any and all documents required by the department to evidence and secure these
amendments.
Page 445 Register 91, No. 13; 3-29-91
§ 8054 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
The (name of Loeal Enlily) authorizes
I office of position titles of authorized person(s)J to execute in the
name of the (name of Local
Entity), the appHcation. the standard agreement, and other documents necessary or required by the department for the
participation in the CHRP-0. and any amendments thereto.
PASSED AND ADOPTED THLS day of .19 , by the following vote:
AYES: NAYS: ABSTAIN: ABSENT:
The undersigned (title of officer) of the
(name of Local Entity) therebefore named does hereby attest and certify that the foregoing is a true and full copy of a resolution
of the Governing Board adopted at a duly convened meeting on the date above-mentioned, which has not been altered, amended
or repealed.
Signature Date
NOTE:
This is intended to be a model for resolutions authorizing loan applications. Applicants may use their own format if it con-
tains
substantially all the authorizations in the model.
Page 446 Register 91, No. 13; 3-29-91
Title 25 Department of Housing and Community Development Programs S 8054
EXHIBIT C
Calilornia Housing Rehabilitation Program
for Owner-Occupied Housing
LOCAL ENTITY CERTIFICATION AND COMMITMENT OF RESPONSIBILITY
Local Entity Name:
Location ol" Local Proszram:
. the oITicial desiijnaled by the
(name) (title)
governing body, lor the , hereby certify that if approved by the
(Local Entity)
department for a CHRP-O funding commitment, the assumes the
(Local Entity)
responsibilities specified in the California Housing Rehabilitation Program regulations and certifies to the following:
( 1 ) that the local legislative body has been notified of the intent to apply for CHRP-O funds to assist in the
operation of a local housing rehabilitation program in their jurisdiction:
(2) that the local program proposed in this application complements the implementation of existing local
housing programs to preserve and increase the supply of low- and moderate-income housing:
(3) that a survey of the local program service area has been completed and the information regarding the
condition of the housing in the service area is accurate;
(4) that the local entity has committed to make available the financial and other assistance specified in this
application and will not use the CHRP-O funds to reduce the level of funding that is or will be available
for housing rehabilitation in the service area.
(5) that the local entity is committed to achievement of the performance standards specified in this application;
(6) that the information, statements, and attachments contained in this application are, to the best of my
knowledge and belief, true and correct.
1 authorize the Department of Housing and Community Development to contact any or all of the agencies listed in
this
application. All information contained in this application is acknowledged to be public information.
Signature Title
(Type Name) Dale
Page 447 Register 91, no. O; 3-29-91
§ 8055
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) A complete application shall consist of the following:
(Da fully completed form HCD O-OOl , California Housing Rehabili-
tation Program for Owner-Occupied Housing (CHRP-O), Local Pro-
gram Application, dated 8/90, accompanied by all attachments applica-
ble to the local program under consideration; and
(2) any other information the department may require in order to deter-
mine the eligibility of the proposed local program, to evaluate or rate the
proposed local program, or to determine that the applicant is capable of
implementing and operating the proposed local program.
NoTE: AiUhority cited: Section 50668.5(g), Health and Safety Code, Reference:
Sections 50079, 50091, 50661 and 50668.5(a), Health and Safety Code.
History
1 . New section filed \ 1-30-89 as an emergeney; operative 1 1-30-89 (Register 89,
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 (Register 90.
No. 16). A Certificate of Coiriplianee must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section tiled 7-26-90 as an emergeney; operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance niust be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90, No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
S>0, No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergeney; operative
1 2-2 1 -90 (Register 9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 or emergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 11-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 11-16-90, including amendment of subsections (a), (b),
(c ) and (d) transmitted to OAL 1 1 -30-90 and tiled 1 2-3 1 -90 (Register 9 1 , No.
7).
§ 8055. Local Program Selection.
(a) Local programs shall not be considered for funding unless the
application demonstrates that all of the following conditions exist:
(1) the applicant is eligible pursuant to section 8042;
(2) ail proposed uses of program funds are eligible pursuant to section
8044(a) and (b);
(3) the application is complete pursuant to section 8054(c); and
(4) the total amount of funds requested does not exceed the local pro-
gram funding limit which is stated in the NOFA pursuant to section
80.i3(b).
(b) Local programs shall be funded according to the following proce-
dure subject to the availability of funds:
( 1 ) An application for a local program must receive a minimum of 60
points to be considered for funding. Local programs which are approved
for funding shall be funded in the order they are rated.
(2) If two or more applications have the same number of points, the
department shall first fund the local program for which a complete appli-
cation was first submitted.
(c) Each local program considered for funding shall be rated using the
following criteria and maximum possible rating points:
( 1 ) The percentage of total properties occupied by very low-income
households to be rehabilitated under the local program. (20 points)
(2) The percentage of total properties which contain three or more bed-
rooms to be rehabilitated under the local program. (20 points)
(3) Need for rehabilitation of owner-occupied properties as indicated
in supporting documentation, which may include the local housing ele-
ment. (20 points)
(4) The extent to which the proposed local program complements an
existing housing program in the local jurisdiction in which the proposed
loc;il program is located. Points shall be allocated based upon the follow-
ing criteria:
(A) The extent to which the city's, county's or city and county's hous-
ing element complies with the requirements of law. (10 points)
(B) The extent to which a local public entity is implementing other pro-
grams which promote the availability of affordable housing. (10 points)
(5) High ratio of other funds to be leveraged with program funds in the
proposed local program. (20 points)
Maximum possible points 100
Note. Authority cited: Section 50668. 5(g), Health and Safety Code. Reference:
Sections 50105. '50668. 5(a) and 50668.5(b), Health and Safety Code: and Section
65583. Government Code.
HlS'lORY
1. New section filed 1 1-30-89 as an emergency: operative I l-30-89(Register89,
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 (Register 90.
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergeney language will be repealed by operation of law on 7-30-90.
3. New section tiled 7-26-90 as an emergency: operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 11-23-90
or emergeney language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency: operative
8-27-90 (Register90. No. 42). A Certificale of Compliance must be transmitted
to OAL by 12-26-90 or emergeney language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
90, No. 51 ). A Certificate of Compliance must be transmitted to OAL by
3-18-9 1 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency: operative
1 2-2 1 -90 (Register 9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 or emergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopted and operative on
3-30-90. 7-26-90 and 1 1-16-90, including amendment of subsections (a), (b)
and (e) transmitted to OAL 11-30-90 and filed 12-31-90 (Register 91, No. 7).
•
Article 5. Program Operations
§ 8056. Legal Documents.
(a) The department shall enter into a Standard Agreement with the lo-
cal entity. This contract shall require the parlies to comply with the regu-
lations and provisions described in this subchapter. TTie Standard Agree-
ment shall encumber monies from the account in an ainount sufficient to
fund the approved local program. The agreement shall also stipulate per-
formance goals required for continued local program compliance and
funding. The Standard Agreement shall contain, but not be limited to,
provisions related to the following:
( 1 ) the granting and cancellation of commitments of state funds to the
local entity;
(2) local entity responsibilities for local program operation, including
program timeframes, performance goals, marketing, loan processing,
loan funding, construction monitoring, construction disburseinent, re-
port submissions, and loan file documentation;
(3) eligible uses of deferred payment loan funds for rehabilitation costs
and grant funds for local program administration expenses;
(4) standards and processes for certification and decertification of the
local entity's ability to approve borrower deferred payment loans;
(5) reporting requirements, including quarterly reports, pursuant to
section 8060;
(6) local entity responsibility for the use of escrow companies and in-
terest-bearing escrow accounts for the disbursement of loan funds and
the use of other consultants providing third-party services necessary for
local program administration;
(7) the criteria to be used in evaluating Prospective borrower eligibility
for a deferred payment loan, including income, ownership, credit history,
loan security, rehabilitation cost, and monthly housing expense;
(8) the loan approval process requiring that the local entity evaluate
and document applications for deferred payment loans pursuant to sec-
tion 8057;
Page 448
Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
^ S()57
{'•)) dorcrred payment loan terms and eonditions:
(lOl iLind disbursement requirements, ineluding provisions tor re-
ceipt, use. and accounting oldepartmenl funds pursuant to section SCSS;
(11) rehabilitation work requirements such as drawings, construction
schedules, rehabilitation specifications and standards, work write-ups.
ct)sl breakdowns, bid procedures, construction contracts, inspections, li-
censes, insiu'ance, lien releases, cost accounting and documentation, and
owner-perrormed work;
(12) requirements that the local entity not discriminate or permit dis-
crimination on account ol'race. color, religion, ancestry, sex. age. nation-
al origin, marital status, and mental or physical handicap, in accordance
with all local. State, and Federal laws governing and restricting such dis-
crimination or requiring alTirmative action. To further ensure that def-
erred payment loans are made in a nondiscriminatory manner, the local
entity shall agree to abide by the restrictions placed upon financial insti-
tutions under the Holden Act (Health and Safety Code division 24, part
b. "Financial Discrimination"" commencing with section 35800):
(13) remedies available to the department in the event of a violation,
breach, or default of the Standard Agreement to ensure compliance with
program requirements for the full term of the agreement, including re-
payment of all costs of enforcement;
(14) requirements for the execution and. where appropriate, the recor-
dation of the agreements and documents required under the program;
{\5) requirement that the local entity assign the borrower loan agree-
ment to the department;
( 16) any terms and conditions as required by local. State, or Federal
law; and
(17) other provisions necessary to ensure compliance with the require-
ments of this program.
(b) A borrower shall enter into a loan agreement with the local entity
governing the rehabilitation and loan terms. The loan agreement shall
contain the following terms and conditions:
( 1) the deferred payment loan amount, term, and rate of interest, in-
cluding specific terms of repayment of interest and principal pursuant to
sections 8047. 8048. and 8049;
(2) a timeframe for the work to be performed:
(3) the approved cost of the work to be performed;
(4) method of contractor selection, including terms and conditions of
nondiscrimination as required by law;
(5) the method and schedule for disbursement of funds to borrowers
and/or contractors;
(6) compliance with local. State, or Federal laws, ordinances, and reg-
ulations applicable to rehabilitation of the property, including zoning or-
dinances, building codes, planning, historical preservation, and environ-
mental regulations;
(7) requirements regarding contractor performance, construction
agreements, and borrower-performed rehabilitation activities;
(8) provisions allowing the local entity or department, or its designees
or employees, after reasonable notice to the borrower, to enter upon and
inspect the property at any time during or after rehabilitation; or to in-
spect the books and records of the borrower related to the deferred pay-
ment loan funds at any time during or after rehabilitation of the property
which is assisted by the deferred payment loan:
(9) provisions relating to deferred payment loan extensions, refinanc-
ing, and subordination;
( 1 0) provisions relating to sales, transfers, and encumbrances pursuant
to section 8051;
(11) terms and conditions relating to defaults in repayment or breach
of the loan agreement and remedies available to the parties thereto, pur-
suant to section 8052;
(12) property insurance requirements pursuant to section
8()57(e)(2)(b);
(13) provisions that indemnify the State for all claims and losses in per-
formance of this agreement;
( 14) a provision for the loan agreement to be assignable to the depart-
ment; and
(15) any other provisions necessary to ensure compliance w ith the re-
quirements of this program.
(c) A borrower shall execute the following deferred payment loan doc-
uments prior to transfer o\' any fimds to the local entity:
( 1 ) a promissory note naming the department as payee:
(2) a deed of trust naming the department as beneficiary and sufficient
to secure the obligations of the promissory note:
(3) a truth-in-lending disclosiue statement:
(4) a notice of right to cancel: and
(5) any other documents as required by the department to protect the
interests of the State.
NOTt:: Authority cited: Section .^0668. 3(e). Health and Safely Code. Reference:
Sections .\S800. .30661. 30664. 30668 and 30668, 3(a). Health and Salet> Code:
and Section 12990. Govemmeni Code.
History
1 . New section filed 1 1-30-89 as an emergency; operative I 1 -30-8*^) ( Register 89.
No. 49). A Certificate of Compliance must he transniilled to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled 3-26-90 as an emergency; operative 3-30-90 ( Register 90.
No. 16). A Certificate of Compliance must be transmitted lo OAL within 120
days or emergency language will.be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90.
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the lollowing
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90, No. 42). A Certificate of Compliance must be iransnnttcil
to OAL by 12-26-90 or emergency language will be repealed by operation oi
law on the following day.
3. New section retiled 1 1-1 6-90 as an emergency; operative 1 1-16-90 (Register
90, No. 31). A Certificate of Compliance must be transmitted to OAL by
3-18-91 or emergency language will be repealed by operation ol law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
12-21 -90 (Register 91. No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 or emergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 1 1-16-90. including amendment of subsections (a) and
(b) transmitted to OAL 11-30-90 and filed 12-31-90 (Register 91. No. 7).
§ 8057. Loan Approvals.
(a) The local entity shall review and evaluate each prospective borrow-
er's application for a deferred payment loan to determine whether the re-
quirements of this subchapter would be met if the loan were funded. In
performing this review, the local entity shall evaluate whether the Slate's
security interest would be protected and whether the loan funds will be
repaid. The local entity's evaluation shall also include a determination on
each of the specific criteria set forth below in subdivision (d) of this sec-
tion.
(b) For those loans which it recommends for funding, the local entity
shall submit loan files to the department, which contain copies of the doc-
uments described in subdivision (e)(l ) of this section, as well as the local
entity's determination on each of the specific criteria set forth in subdivi-
sion (d) of this section. The department may disapprove a deferred pay-
ment loan submitted by the local entity if the deferred payment loan does
not meet the requirements of this subchapter, and shall notify the local
entity in writing within 30 working days following receipt of the deferred
payment loan file of the reasons for denial.
(c) Where there are indications that the prospective borrower may not
meet the deferred payment loan requirements of subdivision (a) of this
section, the local entity may request departmental approval o\' the def-
erred payment loan, providing there are mitigating circumstances, which
apply to the prospective borrower.
(d) When reviewing loans for approval, the local entity evaluaii^in
shall include determinations on each of the following criteria:
Page 449
Register 91, No. 13; 3-29-91
§8057
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1 ) The prospective borrower's loan application is consistent with the
performance goals set forth in the Standard Agreement;
(2) the prospective borrower's loan application is complete and accu-
rate;
(3) the deferred payment loan amoimt is consistent with the require-
ments of section 8048;
(4) the prospective borrower is eligible pursuant to section 8043;
(5) the loan security shall meet the requirements as specified in section
8050;
(6) the prospective borrower's credit report indicates an ability to re-
pay all debts, including:
(A) no credit accounts past due at the time the prospective borrower's
deferred payment loan is recorded;
(B) no outstanding unpaid judgments or involuntary liens; and
(C) no bankruptcies, which have not been dismissed prior to deferred
payment loan recordation;
(7) the prehminary title report shows;
(A) proper vesting of title with the prospective borrower;
1 . If the prospective borrower holds title with another party also who
is not applying for the loan, the other party shall sign all required loan
documents.
2. In cases where a joint tenancy or tenants-in-common is dissolved,
the title documents must be corrected to rellect the change.
(B) the legal description of property;
(C) all encumbrances on the property. Any encumbrances which have
been repaid shall be reconveyed and recorded prior to recording of the
deferred payment loan; and
(D) no judgments, mechanic liens, or property tax liens due on the
property.
(8) the mortgage verification for each existing encumbrance on the
property indicates:
(A) a date not more than three months prior to deferred payment loan
approval;
(B) that payments are current at the time of verification and, in the past,
have not been more than 60 days delinquent;
(C) the financing terms including, but not limited to, variable interest
rate, balloon payments, or negatively amortizing loans, which may jeop-
ardi;^e the state's security and the borrower's ability to repay the deferred
payment loan; and
(D) the current balance of the mortgage and of any impound accounts
for taxes and assessments.
(9) the prospective borrower has demonstrated an ability to maintain
the property;
(10) the proposed uses of funds are eligible pursuant to section
8044(a);
( 1 1 ) the cost estimates and work write-ups adequately describe the ex-
isting conditions and problems which require rehabilitation and accu-
rately specify the rehabilitation work, room additions and improvements
and accurately specify the work necessary to correct the deficiencies;
(12) the selected contractor's bid proposal is reasonable and meets the
requirements of section 8046(e); and
(13) all other provisions of this subchapter have been met.
(e) The local entity shall maintain a loan file for each deferred payment
loan application which shall contain, at a minimum, the following docu-
ments which shall be obtained in accordance with the following sched-
ule:
(1) prior to loan approval:
(A) loan application;
(B) verification of the prospecuve borrower's income;
(C) a credit report;
(D) a preliminary title report;
(E) mortgage verifications;
(F) property appraisal;
(C) a cost estimate and work write-up;
(H) a contractors' selection statement which indicates all bids received
and the contractor selected;
(1) the selected contractor's bid proposal, drawings, specifications,
and proposed contract;
(J) commitment letters from other funding sources used to leverage
state funds in completing a rehabilitation project;
(K) map of the property location;
(L) any other documents or justifications necessary to determine the
eligibility of the borrower and to approve the deferred payment loan.
(2) After loan approval, but prior, or concurrent with, loan recordation:
(A) the properly executed and recorded deferred payment loan docu-
ments pursuant to section 8056(c);
(B) proof of hazard insurance, which names the department as loss
payee, in an amount sufficient to cover the amount of the deferred pay-
ment loan and all liens recorded in a senior position, or the replacement
value of the property, whichever is less;
(C) a title insurance policy insuring the department in the amount of
the deferred payment loan, which shall also include a legal description
of the property, the property street address, the county tax assessor's val-
ue, property lax information, the deferred payment loan as recorded, and
any superior liens recorded against the properly;
( D) the construction contract between the contractor and the borrower;
(E) verification of the worker's compensation and liability insurance
maintained by the contractor and verification of the contractor's license
as required in the construction agreement; and
(F) evidence of commitment of other funds that are leveraging state
funds to complete the rehabilitation.
(3) After loan closing and priortodisbursement of final contractor re-
tention payment:
(A) all records of contractor progress payments;
(B) all change orders;
(C) all building permits with appropriate approvals;
(D) a copy of the properiy recorded Notice of Completion;
(E) copies of lien releases from the general contractor or general con-
tractors; and
(F) a title update, which reflects all trust deeds, liens, judgements, at-
tachments and all encumbrances, voluntary or involuntary, on title.
(f) Notwithstanding the requirement specified in subdivision (b) of
this section that the local entity shall submit deferred payment loan files
for department approval, the department may authorize the local entity
to directly approve deferred payment loan files in accordance with the
following requirements;
( 1 ) The department shall review at least the first five deferred payment
loans containing the documents specified in subdivision (e)(1) of this
section and provide written comments on each file to the local entity re-
garding its compliance with program requirements pursuant to this sub-
chapter. The department has the sole decision on the number of deferred
payment loans to be reviewed prior to granting authorization to a local
entity to approve deferred payment loans and shall base that decision on
evidence that the local entity is fully capable of meeting all applicable re-
quirements of this subchapter. Upon written request by the local entity
and determination by the department that the local entity has the capabili-
ty to evaluate and package deferred payment loans, the department shall
certify the local entity and delegate approval authority.
(2) After certifying the local entity and delegating approval authority,
the department shall periodically review deferred payment loans that
have closed and provide a written review to the local entity on com-
pliance with the program and contract requirements. The department
shall randomly select any loan files for review. The local enfity shall be
notified that continued problems in the local enfity' s evaluation and ap-
proval of deferred payment loans pursuant to subdivision (a) of this sec-
tion shall result in the discontinuation of the authorizafion and certifica-
tion.
(3) Tlie department shall condifion its certificafion of the local entity
and authorization to approve deferred payment loans on the basis of certi-
ficafion of specific loan officers employed by the local enfity. If the certi-
fied loan officer ceases to serve in the capacity of approving loans, the
local enfity must notify the department and the authorizafion to approve
Page 450
Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
ij 8(158
•
deterred paymenl loans shall be diseoniiniied by ilie department until
sneh lime as a new loan olTieer employed by the local entity is ceritiied
by the department.
(4) When the k)cal entity has been certified to approve deferred pay-
ment loans, the local entity shall request department approval of the def-
erred paymenl loan if the borrower is seeking an exception tolhedei'erred
paymenl loan limits or loan-t(.)-valiie requirements.
(y) Nolwiihsianding subdivision (f) of this section, local entity ap-
proval aulht)rit\ may be rescinded, and future deferred payment loans
shall be subject to deparimenl approval prior to the disbursement of
funds. Rescission of deferred paymenl loan approval authority shall oc-
cur if ihe deparimenl determines thai local entity performance no longer
indicaies capability to make deferred |)aymeiit loans in accordance with
ihe requirements of this subchapter. The local entity may appeal the re-
scission of authority to the director.
( h ) The local entity shall transmit to the department for monitoring and
management each completed deferred payment loan file containing the
original documenls specified in subdivisit)n (e) of this section within for-
ty-five days following completion of construction and disbursement o\'
ihe final retenlion paymenl. Local enlities shall keep copies of all def-
erred paymenl loan files for five years after completion of rehabilitation
work and recordation of the notice of completion. The department shall
require the local entity to rectify any errors or omissions discovered in the
deferred paymenl loan files.
Non;: Authority cited: Section .S()668..'i(g). Health and Safety Code. Reference:
Sections .s()662. .s()668..s and .^0668.^(0). Health and Safety Code.
HiSIORY
1 . New section filed I 1-30-89 as aneniergency;opcralive 1 1 -.30-89 (Register 89.
No. 49). A Cenilleaie of Compliance must be transmitted to OAL within 120
ilavs or emergency language will be repealed by operation of law on 3-.30-90.
2. New section rcfiled 3-26-90 as an emergency, operative 3-30-90 (Register 90.
No. 16). A Ceilillcate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7 26 90 (Register 90.
No. 38). A Certificate ol Compliance must be transmitted to OAL h\ 1 1 23 ^;o
oremer'jenev lan<ruaee will be repealed bv operation ol lav\ on the lollowini:
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency: operative
8-27-90(Register90. No. 42). ACerlificateol Compliance must betiansniiited
to OAL by 12-26-90 or emergency language will be repealed h\ operation ol
law on the following day.
.s. New section rellled I 1-16-90 as an emergency; operative I 1-16-90 (Register
90. No. 5\). A Certificate ol Compliance musi be liansmiited to OAL ii\
3-18-91 or emergency language will be repealed by o|ieialion i>l lau on the lol
lowing day.
6. Readoption of 8-27-90 t)rder filed I2-21-'^K) as an emergency: o|ieraii\e
12-2 1-90 (Register 91. No. 7). A Cenillcate of Compliance must be transmitted
to OAL by 4-22-91 or emergency language will be repealed by operation ol law
on the following day.
7. Certificate of Compliance as to I 1-30-89 order, leadopted and opeiati\e on
.3-30-90. 7-26-90 and 1 1-16-90. including amendment of subsections (a i. (b).
(e). (dj, (e). (f). (g) and (h) transmitted to OAL 1 I -30-90 and filed 12-31 MO
(Register 91. No.^7).
§ 8058. Disbursement of Loan Funds.
(a) Upon deferred payment loan approval and request by the local enti-
ty, the department shall disburse funds for deferred paymenl k)ans loan
account approved by the department.
(b) Requests for deferred paymenl loan funds shall be on Form HCl)
O-003, California Housing Rehabilitation Program for Ownci-Occu-
pied Housing (CHRP-CJ), Request for Funds, dated 8/90, as set forth in
subdivision (c) of this section. This request for funds form is pro\ ided by
the department. The information on any request shall be subject lo verifi-
cation by the department.
(c) Copy oi Form HCD ()-()().3, California Housing Rehabilitation
Program for Owner-Occupied Housing (CHRP-0). Request for Funds,
dated 8/90.
Page 451
Register 91, No. 13; 3-29-91
§8058
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
HCD 0-003. 8/90
CALIFORNIA HOUSING REHABILITATION PROGRAM
FOR OWNER-OCCUPIED HOUSING (CHRP-0)
REQUEST FOR FUNDS
TO:
FROM:
Dcparlmcnt of Housing and Community Developmcnl
Division of Community Affairs. CHRP-0
P. O. Box 952054
Sacramento. CA 94252-2054
ATTN: Senior Pronrani Manaaer
(Local Entity;
(Address):
Contract No.
Loan Funds
Requested
$
Grant Funds
Requested
$
Draw#l
Draw #2
Borrower Name:
Payee Name/Address:
Borrower Loan No.:
Cumulative Data:
Total Fund
Commitment
by HCD
Total Amount
of Prior
Drawdowns
Loan Funds
Requested for
Disbursement
Grant Funds
Requested for
Disbursement
Total
Approved this
Request for
Disbursement
Balance
Remaining
in Funds
Commitment
I. the undersigned, do hereby certify that the above costs were/will be incurred in the performance of the above-numbered contract
and. if address is not payee, do also certify that the above addressee is authorized to act as agent of the payee for the purpose of receiv-
ing and depositing the above slated sum.
SIGNED
BY
TITLE
DATED
DO NOT WRITE BELOW THIS LINE
The work performed for which this billing is prepared is in accordance with all provisions of Contract #
between and HCD and is approved for payment. Please disburse funds in the total amount
of $ , payable to payee indicated above. Please phone 323-3 1 78 when the warrant is received
by HCD Accounting.
Date:
PC A/Index:
Fund#
Senior Program Manaeer
Page 452
Register 91, No. 13; 3-29-91
Title 25
Department of Housing and Community Development Programs
§ 8()6()
(d) Delcrrcd payment loan funds shall only he dishursed lor approved
deferred payment loans in aeeordanee with the following:
(1 ) In the event the loeal entity is not eertified to approve deferred pay-
ment loans, the loeal entity shall submit to the department with Form
HCI) 0-003. California Housing Rehabilitation Program for Owner-
Oceupied Housing (CHRP-O). Request for Funds, dated 8/90. the loan
I'ile completed pursuant lo Subdivision 8()37(e)(l) for which funds are
being requested.
(2) In the event the local entity is certified to approve deferred payment
loans, the local entity shall submit to the department with Form HCD
()-003. California Housing Rehabilitation Program for Owner-Occu-
pied Housing (CHRP-O). Request for Funds, dated 8/90. a description
o\' the deferred payment loan for which funds are being requested.
(e) Deferred payment loan funds shall be deposited and maintained in
a separate, interest-bearing escrow account, which shall include only
funds transferred pursuant to this subchapter.
(f) Prior to the disbursement of deferred payment loan funds, the local
entity shall ensure that the documents specified in section 8056(c) are
completed, executed and recorded.
NOTl-; Authoritv cited: Section -'^0668. 5(e). Health and Sat'eiv Code. Reference:
Sections .^0661. '50662 and 5066.1 Health and Safety Code. '
History
1. New section filed 1 1 -.^0-89 as an einergency: operative I 1-30-89 (Register 89,
No. 49). A Ceiiitleate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section reiiled 3-26-90 as an emergency: operative 3-30-90 (Register 90,
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days t)r emergency language will be repealed by operation of law on 7-30-90.
3. New section hied 7-26-90 as an emergency; operative 7-26-90 (Register 90.
No. 38). A Certilieate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 ( Register 90. No. 42). A Certificate ot Comphanee must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the tbilowing day.
5. New section reflled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 or emergency language will berepealedby operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order tiled 12-21-90 as an emergency: operative
1 2-2 1 -90 ( Register 9 1 . No. 7). A Certificate of Compliance must be transmitted
10 OAL by 4-22-9 1 oremergency language will be repealed by operation of law
on the following day.
7. Certilieate of Compliance as to 1 1-30-89 order, readopted and operative on
3-3(J-90. 7-26-90 and 1 l-16-90.includingamendmentof subsections(a),(b),
(d ). (e ). and ( f) transmitted to OAL 1 1 -30-90 and tiled 1 2-3 1 -90 (Register 9 1 .
No. 7),
§ 8059. Disbursement of Administrative Grants.
(a) Administrative grants will be paid upon request by the local entity
in two installments: .50 percent payable at deferred payment loan vccov-
dation and 50 percent payable upon receipt by the department of the def-
erred payment loan file pursuant to Section 8057(h). The final adminis-
trative grant payment will be contingent upon the department's
determination that the deferred payment loan file is complete and accu-
rate.
(b) Requests for administrative grant funds shall be on Form HCI)
O-00.3. California Housing Rehabilitation Program for Owner-Occu-
pied Housing (CHRP-O). Request for Funds, dated 8/90. as set lorlh in
section 8058(c). This Request for Funds form is provided by the depart-
ment.
NOTf; Authority cited: Section .50668.5(g). Health and Safety Ct)de. Reference:
.Section 5()661(a), Health and Safely Code.
History
1. New section filed 1 1-30-89 as aneniergency;operative 1 1-30-89 (Register 89.
No. 49). A Certificate of Compliance must be transmitted to OAL wiihin 120
days oremergency language will be repealed by operation of law on 3-30-90.
2. New section re tiled 3-26-90 as an emergency ; operative 3-30-90 ( Register 90.
No. 16). A Certificate of Compliance must be transmitted to OAL wiihin 120
days oremergency language will be repealed by operation of law on 7-30-90.
3. New .section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 11 -23-90
or emergency language will be repealed by operation of law on the followine
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90, No. 42). A Certilieate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation oi
law on the following day.
5. New section retlled 1 1 -1 6-90 as an emergency: operative 11-1 6-90 ( Register
90, No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 oremergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency: operative
12-2 1-90 (Register 91. No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-91 oremergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 1 1-30-89 order, readopted and operative on
.3-.30-90. 7-26-90 and 11-16-90. includins amendment of subsection (b)
transmitted to OAL 1 1-30-90 and filed 12-.'^V90 (Register 91. No. 7).
§ 8060. Reporting Requirements.
(a) During the term of the Standard Agreement and, no later than 30
days after the end of each calendar quarter, the local entity shall submit
to the department a performance report on Form HCD 0-002, Quarterly
Report, California Housing Rehabilitation Program for Owner-Occu-
pied Housing (CHRP-O), dated 8/90, as set forth in subdivision (b) of
this section. This form is provided by the department.
(b) Copy of form HCD 0-002. Quarterly Report, California Housing
Rehabilitation Program for Owner-Occupied Housing (CHRP-O),
dated 8/90.
Page 453
Register 91, No. 13:3-29-91
§ 8060 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
HCD 0-002, 8/90
UATh^
QUARTERLY RtPORT
CALIFORNIA HOUSING RHHABILITATION PROGRAM
FOROWNBr^-OCCUPIHD HOUSING (CHRP-O)
lor ihe quarter beginning and ending
LOCAL ENTITY CONTACT
ADDRESS TELEPHONE (_
Marketing
1 Have you established a waiting list and. it so. how many households are on the list?
2. How have you marketed the CHRP-O during this quarter?
3. Have you experieneed any difficulties in marketing the CHRP-O during this quarter and, if so. what are they and how are you resolving them':
Loan Processing
I How many loan packages have you initiated during this quarter?
How many loan packages or requests Tor funds have you submitted to HCD during this quarter'.
3. Have you experienced any difficulties in processing CHRP-O loans during this quarter and, it so, what are they and how are you resolving them'?
4. How many CHRP-O loans do you expect to initiate during the next quarter'.'
5. How many CHRP-O loans or requests for funds do you expect to submit to HCD during the next quarter?.
Loans Closed and In Construction
1. Describe any delays or problems you are experiencing in your loan closing procedures and any steps you are taking to mitigate them.
Describe any problems you are experiencing in contractor participation and performance and any steps you are taking to mitigate them.
Contract Fund Status
This Quarter Only Cumulative
1 . CHRP-O loan funds requested;
2. CHRP-O administrative funds requested:
3. Balance of administrative funds due:
TOTAL
Program Administration
1. Have you had any staffing changes during this quarter? If so, please describe.
Please provide any general comments or problems you have experienced and your suggestions for improvements to the program.
3. Please provide the amount of CHRP-O funds and other funds committed, as well as loan and construction data for each loan received during
this quarter (itemize on attached Quarterly Data form).
Page 454 Register 91, No. 13; 3-29-91
QUARTERLY DATA
Loans Initiated
(Date Received/
Borrower's Name)
n
in
in
TOTALS
9c of median
income/# of
bedrooms
Loan Request
Denial/Apprv.
(Date)
S AmoiMit
CHRP-O
Date Loan
Closed
Date Const.
Began
Date Const.
Completed
Final Docs
toHCD(Date)
Funds Combined
with CHRP-O
S Amount
Type
§8061
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) Al any time during the operation of the local program, the depart-
ment may perform or cause to be performed a financial audit oiany and
all phases of local program operations. At the department's request, the
local entity shall provide, at its own expense, a financial audit prepared
by a certified public accountant.
Noil- Authority cited: Section 50668.5(g). Health and Safety Code. Rctcrcnce:
Section 5066S.5(a). Health and Safety Code.
History
1 . New section filed 1 1 -30-89 as an emergency ; operative 1 1-30-89 ( Register 89.
No. 49). A Certificate of Compliance must be transmitted to OAL within 120
days oremeigency language will be repealed by operation of law on 3-30-90.
2. New section refded 3-26-90 as an emergency: operative 3-30-90 (Register 90.
No. 16). A Ceilificale of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90.
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-2.V90
or emergency language will be repealed by operation of law on the following
d.uy.
4. Amendment of subsection (a) filed 8-27-90 as an emergency: operative
8-27-90 (Register 90. No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency: operative 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-91 or emergency language will beiepealedby operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency: operative
1 2-2 1 -90 (Register 9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 oremeigency language will be repealed by operation of law
on the following day.
7. Certificate of Comphance as to 1 1-30-89 order, readopted and operative on
3-30-90, 7-26-90 and 11-16-90. including amendment of subsection (a)
transmitted to OAL 1 1-30-90 and filed 12-31-90 (Register 91. No. 7).
§ 8061. Cancellation and Termination.
(a) Commitments from the account to local entities shall be cancelled
and Standard Agreements shall be terminated by the department under
any one of the following conditions:
( 1) local program operations are not in compliance with the program
or the Standard Agreement;
(2) implementation of the local program is not in compliance with the
timeframes and goals stated in the local entity's application and Standard
Agreement; or
(3) special conditions for funding as stated in the Standard Agreement
have not been fulfilled.
(b) The department shall provide written notice to the local entity of
its intent to cancel the fund commitment. Upon receipt of a notice of in-
tent to cancel the fund commitment, the local entity shall have the right
to appeal the decision to the director.
(c) In the event a commitment is cancelled and the Standard Agree-
ment is terminated, all loans and construction in process shall be moni-
tored and supervised by the department or its agent in accordance with
the requirements of this subchapter.
NOTE: Authority cited: Section 50668.5(g), Health and Safety Code. Reference:
.Section 50668.5(a), Health and Safety Code.
History
1. New section filed 1 1-30-89 as an emergency; operative 11 -30-89 (Register 89.
No. 49). A Certificate of Compliance must be transinitted to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section re tiled 3-26-90 as an emergency; operative 3-30-90 (Register 90.
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90.
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. ,\mendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 (Register 90. No. 42). A Certificate of Compliance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on (he following day.
5. New section refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
90, No. 51). A Certificate of Compliance must be transmitted to OAL by
3-18-9 1 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
] 2-2 1-90 (Register 9 1 , No. 7). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 oremergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance ns to 1 1-30-89 order, readopted and operative on
3-30-90. 7-26-90 and 1 1-16-90. includine amendment of subsections (a) and
(c) transmitted to OAL 1 1-30-90 and filed" 12-31-90 (Register 91. No. 7).
§ 8062. Default Reserve Subaccount.
(a) The departtnent shall establish an owner-occupied housing default
reserve subaccount in the account. The default reserve subaccount shall
be tnaintained al an amount equivalent to three percent of the atnount of
encuinbrances froin the account for deferred payment loans made pur-
suant to this subchapter.
(b) The department may use amounts available in the default reserve
subaccount for the purpose of curing or avoiding a borrower's defaults
on the terms of any loan or other obligation which Jeopardizes the depart-
ment's security in property securing the deferred paytiient loan. The.se
defaults include defaults or iinpending defaults in payments on mort-
gages, failures to pay taxes, failtires to tnaintain insurance, or any cotnbi-
nation thereof.
(c) Where it becoines necessary to u.se monies pursuant to this section
to protect the department's security in a particular borrower's property,
the department shall take those actions necessary, including, but not lim-
ited to. foreclosing or forced sale of the borrower's property, to prevent
sitnilar occurrences and ensure compliance with the terms of the applica-
ble agreetnents.
NOTE: Authority cited: Section .50668.5(g). Health and Safety Code. Reference:
Section 50668.5(a), Health and Safety Code.
History
1 . New section filed 1 1 -30-89 as an emergency; operative 1 1 -30-89 (Register 89,
No. 49). A Ceiliflcate of Compliance must be transmiued to OAL within 120
days or emergency language will be repealed by operation of law on 3-30-90.
2. New section refiled .3-26-90 as an emergency; operative .3-30-90 (Register 90,
No. 16). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 7-30-90.
3. New section filed 7-26-90 as an emergency; operative 7-26-90 (Register 90,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1 1-23-90
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a) filed 8-27-90 as an emergency; operative
8-27-90 ( Register 90. No. 42 ). A Certi ficate of CompI iance must be transmitted
to OAL by 12-26-90 or emergency language will be repealed by operation of
law on the following day.
5. New section refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
90. No. 51). A Certificate of Compliance must be transmiued to OAL by
3-1 8-91 oremergency language will be repealed by operation of law on the fol-
lowing day.
6. Readoption of 8-27-90 order filed 12-21-90 as an emergency; operative
12-2 1 -90 (Register 9 1 , No. 7 ). A Certificate of Compliance must be transmitted
to OAL by 4-22-9 1 oremergency language will be repealed by operation of law
on the following day.
7. Certificate of Compliance as to 11-30-89 order, readopted and operative on
3-30-90. 7-26-90 and 1 1-16-90. including amendment of subsections (b)and
(c) transmitted to OAL 1 1-30-90 and filed 12-31-90 (Register 91, No. 7).
Subchapter 15. Rental Housing
Construction Program — Proposition 84
Article 1. General
§ 8075. Purpose and Scope.
(a) This subchapter establishes the Proposition 84 Rental Housing
Construction Program and implements and interprets chapter 9 (com-
mencing with .section 50735) of part 2 of division 31. Health and Safety
Code, as amended by chapter 30 of the Statutes of 1988 and chapter 1 103
of the Statutes of 1989.
(b) These regulations establish procedures for the award and disburse-
ment of loans and establish policies and procedures for use of funds allo-
cated to the Rental Housing Construction Program by sections
53130(a)(1) and 53130(b)(1) of the Health and Safety Code.
NOTE: Authority cited: Section 5077 1.1, Health and Safety Code. Reference: Sec-
tions 33007.5, 50010. 50079.5, .50735. 507.36, 50766, 50771.1, 50771.2, 50894,
53130 and 53133. Health and Safety Code. Sections 7260, 7261, 7262, 7264,
7264.5. 7269. 7269.1, 7272 and 7272.3, Government Code.
Page 456
Register91,No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
§ 8076
History
1 . New section filai 1 2-29-89 as an emergency : operative 1 2-29-89 (Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
clays or emergency language will be repealed by operation of law on 4-.i0-90.
2. New section rellled 4-26-90 as an emergency: operative 4-26-90 (Register 90.
No. 2.^1 A CcrtiVicale of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
}. New section re filed 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emcreencv laneuaee will be repealed bv operation of law on the following
clay.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section .'^0771..^; operative 12-19-90 (Register 91. No. 4). A Ceilificate
of Compliance must be transmitted to OAL by 4-1 8-9 1 or emergency language
will be repealed by operation of law on the following day.
."i. Ceililicalc of Compliance as to 12-19-90 order transmitted to OAL 1-4- 91 :
disapproved by OAL 2-4-91 (Register 91. No. ]3).
6. New .section rellled 2-20-91 as an emergency: operative 2-20-91 (Register 91 .
No. 1.^). A Ceililicalc of Compliance must be transmitted to OAL by 6-17-91
or emeiiiencv laiiL'tiaue will be repealed by operation of law on the followinij
day.
7. Cenificale of Compliance as to 6- 1 4-9 1 order including amendment of subsec-
tion (a) transmitted to OAL 5-1.S-91 and filed 6-14-91 (Regi.ster 91. No. 3H).
8. Hditorial conection of printing error in HISTOf<Y 7 amending section to read
subsection (Register 91. No. 46).
§ 8076. Definitions.
in addition to the derinitions found in chapter 2 (commencing with
section 50050), of pail 1 of division I of the Health and Safety Code and
subchapter 2 (commencing with section 6910) of chapter 6.5 of this title,
the following definitions shall apply to this subchapter. In the event of a
contlici between the following definitions and those recited above, the
following definitions prevail for the purposes of this subchapter:
(a) "Article XXXIV approval" means the approval by local electors
which must be obtained before a low rent housing project can be devel-
oped, constructed, or acquired in any city, town or county in California.
This approval is required by section 1 of article XXXIV of the Constitu-
tion of California.
(b) "Assisted unit" means a dwelling unit, or a residential hotel unit,
or a bedroom in a group home, designated for occupancy or occupied by
eligible households in accordance with a Regulatory Agreement between
the department and the sponsor entered into pursuant to section 8096(c).
(c) "Debt service coverage ratio" means the ratio of (J ) operating in-
come less operating expenses to (2) debt service payments, excluding
voluntary prepayments.
(d) "Department" means the Department of Housing and Community
Developtnenl.
(e) "Director" means the Director of the Department of Housing and
Community Development.
(f) "Distributions" means the amount of cash or other benefits received
from the operation of the rental housing development and available to be
distributed pursuant to section 8089 to the sponsor or any party having
a beneficial interest in the sponsor entity, after payment of all due and
outstanding obligations incurred in connection with the rental housing
development. Distributions do not include payments for debt service,
voluntary loan prepayments, operations, maintenance, payments to re-
quired reserve accounts, incentive payments pursuant to section 8082,
land lease payments to parlies that do not have a beneficial interest in the
sponsor entity, or payments for property management or other services
as set forth in the Regulatory Agreement for the rental housing develop-
rnent.
(g) "Eligible households" means very low-income households or oth-
er lower income households.
(h) "Fiscal integrity" means that the total of operating income plus
funds released pursuant to the Regulatory Agreement from the operating
reserve account is .sufficient to:
( 1 ) pay all current operating expenses,
(2) pay all current debt service (excluding deferred interest),
(3) fully fund all reserve accounts (other than the operating reserve ac-
count) established pursuant to the Regulatory Agreement,
(4) maintain a debt service coverage ratio, where specified in the Reg-
ulatory Agreement, and
(5) pay other extraordinary costs permitted by the Regulatory Agree-
ment. The ability to pay any or all of the annual permitted distribution
shall not be considered in determining fiscal integrity.
(i) "Fund" means the Rental Housing Construction Fund.
(J) "Group home" means a residential structure or structures, including
a residential hotel, where five or more handicapped persons or house-
holds reside, share common facilities and receixe direct and supportive
services provided under the supervision or oversight of the local public
official responsible for services to the designated tenant population, in-
cluding a residential facility as defined by section 1 502 of the Health and
Safety Code. Intermediate care or skilled nursing facilities are not con-
sidered group homes and are not eligible for funding.
(k) "Handicapped" means a family in which the head of the hou.sehold
is suffering from an orthopedic disability impairing personal mobility or
a physical disability affecting his or her ability to obtain employment or
a single person with such an orthopedic disability or a physical disability,
where the family or person requires special care or facilities in the home.
"Handicapped" also includes a family in which the head of household
suffers from a developmental disability specified in subdivision (a) of
section 38010 of the Health and Safety Code or a mental disorder which
would render him or her eligible to participate in programs of rehabilita-
tion or social services conducted by or on behalf ol' a public agency, or
a single person with .such a developmental disability or mental disorder.
(/) "Household income" means the same as "gross income" as defined
in section 69 1 4 of this title.
(m) "Initial operating year" means the initial period of operation of the
rental housing development, beginning at the time of the initial occupan-
cy of the first assisted unit in the development and ending on the last day
of the fiscal year of the development.
(n) "Limited equity housing cooperative" means an entity defined by
section 50076.5 of the Health and Safety Code. Except as otherwise pro-
vided, all requirements in this subchapter shall be applicable to limited
equity housing cooperatives assisted pursuant to this subchapter.
(o) "Lower income household" means persons or families as defined
in section 50079.5 of the Health and Safety Code.
(p) "Lower income nonassisted unit" means a dwelling unit, or a resi-
dential hotel unit, or a bedroom in a group home, other than an assisted
unit, which is regulated by virtue of participation in the federal tax credit
program (section 42. title 26 U.S.C.) or state tax credit program (chapter
166, California Statutes of 1990), the HUD section 202 program (section
I70lq, title 12 U.S.C). the HUD section 8 program (.section I437f title
42 U.S.C), or other governmental program where the occupancy and
rent requirements, and the term of the occupancy and rent requirements
are equal to or greater than the requirements of the federal tax credit pro-
gram referenced above.
(q) "Lower income unit" means an assisted unit designated for occu-
pancy or occupied by any lower income household.
(r) "Nonprofit corporation" means the same as defined in section
50091 of the Health and Safety Code.
(s) "Operating expenses" means the amount approved by the depart-
ment that is necessary to pay for the recurring expenses ol' the project,
such as utilities, maintenance, management, taxes, and licen.ses. but not
including debt service, required reserve account deposits, or costs for di-
rect or supportive tenant services that tenants are not required to pay for
as a condition of occupancy.
(t) "Operating income" means all income generated in connection
with operation of the rental housing development including rental in-
come for assisted and nonassisted units, rental income for commercial
space, laundry and equipment rental fees, rental subsidy payments, and
interest on any accounts related to the rental housing development. "Op-
erating income" does not include security and equipment deposits, pay-
ments for direct or supportive tenant services that lenanls are nol rcqmved
to pay for as a condition of occupancy, or tax benefits received by the
sponsor.
Page 457
Register 91, No. 46; 11-15-91
§ 8077
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(u) "Oilier lower income household"" means persons or families as de-
fined in section 6928 of title 25.
(v) '"Program" means the Rental Housing Construction Program.
(w) "Project" means a rental housing development, the development,
construction and operation thereof, using program funds, and the financ-
ing structure and all agreements and documentation approved in connec-
tion therewith.
(x) "Rent" means all mandatory charges, other than deposits, paid by
the tenant for the use and occupancy of an assisted unit. In a group home,
when mandatory charges include direct and supportive tenant services,
"rent"" means that portion of the tenant"s payment required to f)ay for debt
service, reserves required by the department, and operating expenses, ex-
cluding expenses for the mandatory direct and supportive tenant ser-
vices. Direct and supportive tenant services means meals, transportation,
housekeeping services, recreational and social activities, independent
living training, vocational training, counseling, and similar services pro-
vided or organized by the sponsor or its agent.
(y) "Rent-up costs"" means costs incurred in connection with market-
ing and preparing an assisted unit for occupancy while the unit is on the
housing market but not rented to its first tenant.
(z) "Rental housing development"" means a development of five or
more rental or limited equity housing cooperative units on one or more
sites and includes a mobilehome park with five or more mobilehome
units, a group home, and a residential hotel.
(aa) "Residential hotel" means any building which contains six or
more residential hotel units where a majority of the units are residential
hotel units.
(bb) "Residential hotel unit", also referred to as a "single room occu-
pancy" unit or an SRO. means a room used for sleeping purposes that:
( 1) is occupied as a primary residence,
(2) lacks, in the unit itself, either or both a kitchen or bathroom, and
(3) is subject to state landlord-tenant law pursuant to chapter 2 (com-
mencing with section 1 940) of title 5 of part 4 of division 3 of the Civil
Code.
(cc) "RHCP" means the Rental Housing Construction Program.
(dd) "Rural area" means the same as defined in section 50101 of the
Health and Safety Code.
( ee) "Single room occupancy" unit or "SRO" means the same as "resi-
dential hotel unit.""
(ff) "Very low-income household"' means persons or families as de-
fined in section 50105 of the Health and Safety Code.
(gg) "Very low-income nonassisted unit" means a lower income non-
assisted unit in which occupancy is limited to very low-income house-
holds and rents are limited to an amount not exceeding thirty percent of
the maximum income for a very low-income household, less a reason-
able utility allowance.
(hh ) "Very low-income unit"" means an assisted unit designated for oc-
cupancy or occupied by a very low-income household.
NOTti: Authoritv cited: Section 5077 1.1, Health and Safety Code. Reference: Sec-
tions 33007.5. 50010. 50079.5. 50735. 50736, .50766, 50771.1, 50771.2. 50894.
53130 and 53133, Health and Safety Code. Sections 7260. 7261, 7262. 7264.
7264.5, 7269, 7269.1, 7272 and 7272.3, Government Code.
History
1 . New section filed 12-29-89 as an emergency; operative 1 2-29-89 (Register 90,
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New subsections (n) and (cc) filed 7-23-90 as an emergency; operative
7-23-90 (Register90, No. 39). A Certificate of Compliance must be transmitted
10 OAL by 1 1-20-90 or emergency language will be repealed by operation of
law on the following day.
4. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
5. New subsections (n) and (cc) refiled 1 1-16-90 as an emergency; operative
11-1 6-90 (Regisler 9 1 . No. 1 ). A Certificate of Compliance must be tiansmiiied
to OAL by .^-18-9 1 or emergency language will be repealed by operation of law
on ihe following day. ^Mk
6. New section refiled 12-19-90 as an emergency pursuant lo Health and Safety ^^^B
Code section 50771 .3; operative 1 2-19-90 (Register 9 1 . No. 4). A Certificate ^WF
olCompliance must be transmitted to OAL by 4-18-91 oremergency language
will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1 1-16-90 and 12-19-90 orders transmitted to
OAL 1-4-91 ; disapproved by OAL 2-4-9) (Regisler 91. No. 13).
8. New .section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as lo 6-14-9 1 order including amendment of section
transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91. No. 38).
Article 2. Program Requirements
§ 8077. Eligible Project.
(a) To be eligible for funding, a proposed project must involve the de-
velopment and construction of a new rental housing development.
(b) Except as specified in subdivision (c). proposed projects are ineli-
gible if construction work, excluding:
( 1) site improvements intended for public dedication,
(2) demolition,
(3) site preparation, and
(4) grading, has begun prior to the date that the department awards a
commitment of program funds.
(c) Where construction work, other than that allowed pursuant to sub-
division (b), has begun on the rental housing development prior to the
date that the Department awards a commitment of program funds, pro-
posed projects are eligible only under the following circumstances:
(1) construction has been halted, and the project property has been
foreclosed upon or is in foreclosure;
(2) construction has been halted, and the project property has been
deeded to a lender in lieu of foreclosure; or
(3) construction has been halted, and there is a substanual likelihood
that a lender will initiate foreclosure due to the inability of the project's
developer to complete construction.
(d) Proposed projects involving the demolition of residential rental
units are eligible only under the following circumstances:
(1 ) the units to be demolished are substandard, and not economically
feasible to rehabilitate or if the number of assisted units in the new project
is at least twice the total number of units in the demolished structures: and
(2) the sponsor complies with the relocation requirements set forth in
section 8091.
(e) To be eligible for funding, a proposed group home project must
have the support of the local official responsible for services to the desig-
nated tenant population, such as the Mental Health Director or Regional
Center Director, in the jurisdiction in which the proposed project is lo-
cated, and must be designated by the local official as being an intrinsic
part of that agency's established social service delivery system.
NOTE: Authority cited: Secfion 50771. 1 , Health and Safety Code. Reference: Sec-
tions 50010, 50735 and 50771.1, Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency; operative 12-29-89 (Register 90,
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 23). A Certificate of Comphance must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 8-24-90.
3. Amendment of subsecUon (d) filed 7-23-90 as an emergency; operafive
7-23~90(Register90, No. 39). A Certificate of Compliance must be transmitted
to OAL by 1 1-20-90 or emergency language will be repealed by operation of
law on the Ibllowing day.
4. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Regisler 90,
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operafion of law on the following
day.
Page 458
Register 91, No. 46; 1 1 - 15 - 91
Title 25
Department of Housing and Community Development Programs
5^ 8079
r>. Arncnclniciil ot suhscclion (d) lelllccl 1 1-16-90 as an emergency; operative
11-1 6-M() ( Register 9 ] . No. 1 ). A Cerlit'ieate orCoinplianee must be transmitted
toOAL hy 3-18-9 1 oreniergeney language will be repealed by operation of law
t)n the following day.
6. New section refiled 12-19-90 as an emersencv pursuant to Health and Safely
Code section 50771..^; operative 12-19-90 (Register 91. No. 4). A Certificate
ol Compliance must be transmitted to OAL hy 4-1 8-9 1 oreniergeney language
will be repealed by operation of law on the following day.
7. Cenillcale of Compliance as 10 1 1-16-90 and 12-1 9-90 orders transmitted to
OAL 1-4-91; disapproved by OAL 2-4-91 (Register 91. No. 1.3).
8. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register9l.
No. 1 3). A Cenillcate of Compliance must be transmitted to OAL by 6-17-91
or emereenev laneuace will be repealed by operation of law on the followine
day.
9. Ceil i fieaie of CompI iance as lo 6- 1 4-9 1 order transmitted to OAL .V 1 5-9 1 and
lilcd 6-14-91 (Register 91. No. 38).
§ 8078. Eligible Sponsor.
(a) A .sponsor shall be any individual, joint venture, partnership, lim-
ited partnership, trust, corporation, limited equity housing cooperative,
local public entity, duly con.stituled governing body of an Indian reserva-
tion or rancheria, or other legal entity, or any combination thereof which
is certified by the department as meeting the requirements of subdivision
(c).
(b) A sponsor shall be organized on a for-profit, including limited
profit, or nonprofit basis.
(c) in order to be certified as eligible for funding, an applicant must be
a sponsor who must:
(1 ) demonstrate ability or experience relevant to owning, developing,
constructing, and operating rental housing through any of the following:
( A ) prior ownershi p, development, construction and operalion of rent-
al housing:
(B) employment of a staff with demonstrated ability or experience
owning, developing, constructing and operating rental housing: or
(C) contracting with a consultant or consultants with demonstrated
ability or experience assisting with the owning, development, construc-
tion and operation of rental housing; and
(2) have site control of the proposed project property by one of the fol-
lowing:
(A) fee title:
( B ) a leasehold interest on the project property with provisions that en-
able the lessee to make improvements on and encumber the property pro-
vided that the terms and conditions of any proposed lease shall permit
compliance with all program requirements;
(C) an option to purchase or lease:
(D) a disposition and development agreement with a public agency;
(E) a land sales contract, or other enforceable agreement for the acqui-
sition of the property.
NOTL; Authority cited: Section 5077 1.1. Health and Safety Code. Reference; Sec-
lions .500 10. 5073,S and 50771.1. Health and Safety Code.
History
1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90,
No. 3l. A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 23). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No. 42). A Certificate ofCompliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an einereency pursuant to Health and Safety
Code section .50771.3; operative 12-19-90 (Regi.ster 91, No. 4). A Certificate
ofCompliance itiust be transmitted to OAL by 4-1 8-91 or emergency language
will be repealed by operation of law on ihe following day.
5. Certificate ofCompliance as to 12-19-90 order transmitted to OAL 1-4-91;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91 .
No. 1 3). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
da v.
7. Ceil ificateol Compliance as 10 6- 14-9 1 order including amendment ol subsec-
tions (a), (b)and (c) iransmittcd to OAL 5-15-91 and filed 6-14-91 (Rciiislcr
91. No. 38).
§ 8079. Eligible Uses of Funds.
(a) Funds shall be used only for approved eligible costs that are in-
curred on the project as set forth in this section, in addition, the costs must
be necessary and must be consistent with the lowest reasonable cost con-
sistent with the project's scope and area.
(b) Eligible categories of costs include the following:
(1) land acquisition:
(2) acquisition of projects under construction satisfying the require-
ments of section 8077(c):
(3) land lease payments:
(4) constmction work:
(5) offsite improvements, such as sewers, utilities and streets, related
to the rental housing development:
(6) onsite improvements related to the rental housing development:
(7) architectural, appraisal, engineering, legal and other consulting
costs and fees, which are directly related to the planning and execution
of the project and which are incurred through third-party contracts;
(8) administrative expenses pursuant to .section 808.'^:
(9) rent-up costs;
(10) carrying costs during constniclion, including insurance, con-
struction financing fees and interest, taxes, and any other expenses neces-
sary to hold the property while the rental housing development is under
construction;
(11) building permits and state and local fees:
(12) initial operating reserve balances required pursuant lo section
8102:
(13) escrow, title insurance, recording and other related costs:
(14) costs for items intended to assure the completion of construction,
such as contractor bond premiums: and
(13) environmental hazard reports, surveys, and investigations.
(c) Except where required to secure local government approvals es-
sential lo completion of the project, costs associated with the following
items are ineligible for funding with program loan proceeds, and cannot
be paid for from syndication proceeds or loans supported by rents from
assisted units:
(1) building and roof shapes, ornamentation, and exterior finish
schemes whose costs are in excess of the typical costs of these features
in modestly designed rental housing;
(2) fireplaces, tennis courts, and similar amenities not typically found
in modestly designed rental housing:
(3) shake and tile roofs, custom-made windows, ceramic tile lloors
and counters, hardwood lloors, and similar features using materials not
typically found in modestly designed rental housing, except where such
materials have lower life-cycle costs due to lower operating, mainte-
nance and replacement costs.
(d) No program funds shall be used for costs associated exclusively
with nonassisted units or commercial space. If only a portion of the rental
housing development consists of assisted units, the program loan amount
shall not exceed the sum of the following:
(1) the costs of all items specified in subdivision (b) associated exclu-
sively with the assisted units;
(2) a share of the costs of common areas used primarily by residential
tenants. This share shall be in direct proportion to the ratio between the
gross floor area of the assisted units and the gross floor areas of all resi-
dential units; and
(3)ashareof the cost of other items, such as roofs, that cannot specifi-
cally be allocated to assisted units, nonassisted units, or commercial
space. This share shall be in direct proportion to the ratio between
(A) the gross floor area of the assisted units, plus a share oi' the gross
floor area of common areas used primarily by residential tenants indirect
proportion to the ratio between the gross floor area of the assisted units
and the gross floor area of all units; and
Page 459
Register 91, No. 46; 11-15-91
§8080
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(B) the total gross tloor area of the structure or structures.
NOTI-: Auitiority cited: Section 50771 .1 . Health and Safetv Code. Reference: Sec-
tions 50735. 50736, 50771.1 and 53133. Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency: opeiati ve 1 2-29-89 ( Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency: operative 4-26-90 ([Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency: operative 8-27-90 ( Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3: operative 12-19-90 (Register 91. No. 4). A Certificate
ofCompliance must be transmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
5. Certificate ofCompliance as to 12-19-90 order transmitted to OAL 1-4-91 :
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section retlled 2-20-9 1 as an emergency; operative 2-20-9 1 (Register 9 1 ,
Mo. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate ofCompliance as to 6-1 4-91 order including amendment of subsec-
tions (a), (b) and (d) transmitted to OAL 5-15-91 and filed 6-24-9J (Register
91, No. 38).
§ 8080. Type and Term of Loan.
(a) Sponsors shall elect to receive program financing as either combi-
nation construction and permanent loans or permanent loans only.
(b) The initial term of the loan shall be 40 years, commencing on the
date of initial occupancy of an assisted unit.
(c) Upon request by the sponsor, the department shall approve an ini-
tial loan term longer than that set forth in subdivision (b) provided that
such longer term does not exceed the useful life of the rental housing de-
velopment as determined by the department utilizing assessments pro-
vided by professionals from the construction and real estate industries,
such as the conclusions of an appraiser or a stmctural engineer.
(d) Upon request by the sponsor, the department may approve a ten-
year extension of the loan term if the department determines both of the
following are met:
( 1 ) The sponsor is in compliance with the Regulatory Agreement and
agrees to continue to comply during the extended term; and
(2) The extension is necessary to continue operations consistent with
program requirements.
(e) The department may condition the extension on such terms as it
deems necessary to ensure compliance with the requirements of this pro-
gram.
NOTE: Authority cited: Section 50771.1. Health and Safety Code. Reference: Sec-
fions 50766 and 50771 .1. Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency; operative 12-29-89 (Register 90,
No. 3). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate ofCompliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operafion of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operafive 12-19-90 (Register 91. No. 4). A Certificate
ofCompliance must be transmitted to OAL by 4-1 8-91 or emergency language
will be repealed by operation of law on the following day.
5. Certificate ofCompliance as to 12-19-90 order transinitted to OAL 1-4-91;
disapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91 .
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate ofCompliance as to 6-14-9 1 order including amendment of subsec-
tions (a), (c) and (d) transmitted to OAL 5-15-91 and filed 6-14-91 (Reeister
91. No. 38).
§ 8081. Maximum Loan Amounts.
The loan amount is litniled to the total ainount of eligible costs re-
quired, when considered with other available financing and assistance,
in order to achieve all of the following:
(a) to enable the development and construction of the rental housing
development;
(b) to ensure that rents for assisted units are in accordance with pro-
gram requirements;
(c) to operate in coinpliance with all other program requirements; and
(d) to allow a debt service coverage ratio in an amount sufficient to sat-
isfy the requirements of other lenders providing financing for the rental
housing development, but not to exceed 1 1 .5 percent.
Note: Authority cited: Section .50771.1, Health and Safety Code. Reference: Sec-
fion 5077 1.1. Health and Safety Code.
History
1 . New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90.
No. 3). A Certificate ofCompliance must be transinitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Certificate ofCompliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate ofCompliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771 .3: operative 12-19-90 (Register 91. No. 4). A Certificate
ofCompliance must be transmitted to OAL by 4-1 8-91 oremergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91 ;
disapproved by OAL 2-4-91 (Register91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91,
No. 13). A Certificate ofCompliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6- 14-91 order transmitted to OAL 5-1. 5-91 and
filed 6-14-91 (Register 91, No. 38).
§ 8082. Interest Rate and Loan Repayments.
(a) Loans shall bear simple interest of three percent per annum on the
unpaid principal balance. Interest shall accrue from the date that funds
are disbursed by the department to or on behalf of the sponsor.
(b) Accaied interest shall be payable out of operating income remain-
ing after payment of approved operating expenses, debt service on other
loans, reserve deposits, and sponsor distributions. Such interest, to the
extent it is available, shall be payable to the department commencing on
the last day of the initial operating year and continuing on each anniversa-
ry date thereafter until the loan is paid in full.
(c) Upon request by the sponsor, at the time of application or any time
thereafter, the department shall approve the deferral of accrued interest
for such periods and subject to such conditions as are necessary to enable
the sponsor to maintain affordable rents, maintain the fiscal integrity of
the project and pay allowable distributions pursuant to section 8089.
(d) Upon request by the sponsor, the department shall permit payments
of a portion of the program loan principal annually following approval
of the annual report required pursuant to section 8101, provided that the
resulting additional debt service will not jeopardize the fiscal integrity of
the project or the sponsor's ability to maintain rents in accordance with
program requirements. The department shall approve a schedule for such
principal payments at loan closing or any time thereafter, subject to the
following:
( 1 ) The schedule shall be based on actual or projected net cash flow
which shall be calculated by subtracting from operating income the sum
of the amounts necessary for project fiscal integrity plus the amount of
allowable distributions pursuant to section 8089.
(2) The schedule may include provision for incentive payments to the
sponsor. Such payments to the sponsor shall be in addition to the spon-
sor's permitted distribution pursuant to section 8089, and shall be al-
lowed only after payment in full of all interest, including deferred inter-
est, accrued on the program loan. The amount of such payments to the
sponsor for a particular year shall not exceed the lesser of
Page 460
Register 91, No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
{j 8084
( A ) [he anioLini of payineiils applied to the program loan principal tor
Ihal year: or
(B) twice the amoiinl of sponsor distributions allowed pursuant to sec-
lit)n 8()89(h)( 1 ), where this subdivision is applicable, ortwenty-tbur per-
cent of the sponsor's actual investment in the assisted units, where it is
not.
(e) Commencing thirty years from the date of the loan, the sponsor
shall make annual payments of interest and principal as follows:
( 1 ) if the loan term, including any extensions, is fifty years or more,
the amoiuTi of such payments shall not be less than one-half of net cash
How until the loan is paid in full. Net cash How shall he calculated as de-
scribed in subsection (d)( 1 ).
(2) if the loan term, including any extensions, is less than fifty years,
the amount of such payments shall be the lesser of
(A) the full amount of net cash flow, calculated as described in subsec-
tion (e)( 1 ); or
(B) that amount required to fully amortize the loan during its remain-
ing term.
( f) All program loan payments shall be applied first to interest and sec-
ond to principal.
(g) The total amount of the outstanding principal and interest, includ-
ing deferred inierest, shall be due and payable in full to the department
at the end of the loan term including any extension granted by the dep»art-
ment.
(h) Upon request by the sponsor, and providing that any additional re-
sulting debt service will not jeopardize the fiscal integrity of the project
or the sponsor's ability to maintain rents in accordance with program re-
quirements, the Department may establish an interest rate for the pro-
gram loan exceeding three percent.
(i) For purposes of this section only, and for projects where distribu-
tions from nonassisted units are not limited, in accordance with section
8()89(b)(2), operating income shall not include income attributable to
nonassisted units or commercial space, and fiscal integrity shall be eva-
luated without consideration of income or expenses attributed to nonass-
isted units or commercial space.
NOTE; Authority cited: Sections 50771.1 and .S0771.2. Health and Safety Code.
Reference: Sections 50771.1 and 50771.2. Health and Safety Code.
History
1. New section filed 12-29-89 as an emergency: operative 12-29-89 (Register 90,
No. .^). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency: operative 4-26-90 (Register 90,
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
.1. New section re tiled 8-27-90 as an emergency: operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the foJiowing
day.
4. New section refiled 12-19-90 as an emereency pursuant to Health and Safety
Code section 50771.3: operative 12-19-90 (Register 91, No. 4). A Certificate
ofComplianee must be transmined to OAL by 4-18-91 oremergency language
will be repealed by operation of law on the following day.
5. Ceniticate ofComplianee as to 12-19-90 order transmitted to OAL 1-4-91:
disapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-91 as an emergency: operative 2-20-91 (Register 91 ,
No. 13). A Certificate ofComplianee must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-9 1 order including amendment of subsec-
tions (c) and (d) transmitted to OAL 5-15-91 and filed 6-14-91 (Register9l,
No. 38).
§ 8083. Appraisal and Market Study Requirements.
(a) As a condition of funding, the department shall require an appraisal
or market study, or both, where required to achieve the following objec-
tives:
( 1 ) To establish a market value for the land to be purchased or leased
as part of the project for purposes of evaluating the reasonableness of the
purchase price or lease terms pursuant to section 8079 and determining
sponsor equity pursuant to section 8084.
(2) To assist with establishing reasonable costs for other development
cost categories pursuant to section 8079.
(3) To assess fiscal integrity.
(b) Any appraisal required by the department shall be prepared at the
sponsor's expense by an individual who
( 1 ) has the knowledge and experience necessary to appraise income
property competently;
(2) is aware of, understands, and coirectly employs those rccogni/ed
methods and techniques that are necessary to produce a credible ;ipprais-
al; and
(3) in reporting the results of the appraisal, communicates each analy-
sis, opinion and conclusion in a manner that is not misleading as U) the
tiTie value and condition of the property.
(c) Any market study required by the department shall be prepared at
the sponsor's expense by an individual who:
( 1 ) has the knowledge and experience necessary to conduct a market
study for rental property competently;
(2) is aware of, understands, and correctly employs those recognized
methods and techniques that are necessary to produce a credible m:irkel
study; and
(3) in reporting the results of the market study, communicates each
analysis, opinion and conclusion in a manner that is not misleading as to
the true value and condition of the property.
NOTE: Authority cited: Section 5077 1.1. Health and Safety Code. Reference: Sec-
tion 50771.1, Health and Safety Code.
History
1. New section tiled 12-29-89 as an emergency: operative 12-29-89(Registcr9().
No. 3). A Certificate ofComplianee must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency: operative 4-26-90 f Register 90.
No. 23). A Certificate ofComplianee must be transmitted to OAL within 120
days oremergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency: operative 8-27-90 ( Register 90,
No. 42). A Certificate ofComplianee must be transmitted to OAL by 1 2-26-90
oremergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Satetv
Code section 50771.3: operative 12-19-90 (Register 91, No. 4). A Certificate
ofComplianee must be transmitted to OAL by 4-18-9 1 oremergency language
will be repealed by operation of law on the following day.
5. Certificate ofComplianee as to 12-19-90 order transmitted to OAL 1-4-91 ;
disapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-9 f as an emergency: operative 2-20-9 f (Register 91.
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6- 1 7-9 f
or emergency language will be repealed by operation of law on the tt)llow ing
day.
7. Certificate ofComplianee as to 6-14-9 1 order including amendment ol subsec-
tion (a) and new subsection (c) transmitted to OAL 5- 1 5-9 1 and filed 6- 1 4-9 1
(Register 9J. No. 38).
§ 8084. Minimum Equity Requirements.
(a) Sponsors of projects where more than 80 percent of all units are as-
sisted units iTiust provide equity in an amount not less than ten percent o\'
total development costs, excluding costs of syndication. Sponsors of oth-
er projects shall not be subject to any miniinum equity requirement.
(b) Equity, for purposes of this subdivision, includes cash and land,
whether contributed by the sponsor from its own resources or granted to
the sponsor by another party. Equity also includes other items of mone-
tary value contributed by the sponsor and applied towards project costs,
including
(1) personal property;
(2) the capitalized value of any exemption from local taxes on real
property. The amount of the exemption shall be established by the depart-
ment prior to loan closing based on its estimate o{' the probable assessed
value of the rental housing development and its interpretation of state law
governing eligibility for exemptions, as set forth in Revenue and Taxa-
tion Code section 214. et seq.; and
(3) the value of any administrative expenses not funded by the pro-
gram, but which would have been eligible for funding pursuant to section
8085(d).
Page 461
Register 91, No. 46; 11-15-91
§8085
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
No rr.: Authority cited: Section 50771 .1 , Health and Safety Code. Reteience: Sec-
tion 5077 1.1, Health and Safety Code.
History
1 . Mew section filed 1 2-29-89 as an emergency; operative 1 2-29-89 ( Register 90.
No. .^). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency, operative 4-26-90 (Register 90.
^Jo. 2,3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergencv pursuant to Health and Safety
Code section .^077 1.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must belransmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
5. Ceilificale of Compliance as to 12-19-90 order transmitted to OAL 1-4-91;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register91.
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-9 1 order including amendment of subsec-
tion (b) transmitted to OAL 5-15-91 and filed 6-U-91 (Register 91. No. 38).
§ 8085. Administrative Expenses.
(a) Administrative expenses are those expenses incurred by the spon-
sor related to the planning and execution of the project prior to initial oc-
cupancy. Such expenses include, but are not limited to the following:
(1) salaries, wages, and related costs of the sponsor's staff engaged in
the planning and execution of the project, including general legal ser-
vices, accounting and auditing relating to the sponsor's operations, and
financial packaging;
(2) travel costs and other general overhead costs which are attributable
to the project;
(3) expenses for sponsor's administrative services performed and paid
for under third-party contracts.
(b) Administrative expenses do not include those legal, architectural,
engineering, or financial fees which are directly related to the planning
and execution of the project and which are incurred by the sponsor
through third-party contracts eligible for funding pursuant to section
8079(b)(7).
(c) Sponsors seeking program funds for administrative expenses shall
include in their application a statement of administrative expenses in-
curred to date, and a budget for anticipated administrative expenses. The
statement and budget shall include sufficient detail and explanation to
permit the department to determine eligibility and reasonableness of the
expenses. The department shall include in the loan amount those admin-
istrative expenses shown in the statement and anticipated budget pro-
vided it determines that those expenses are reasonable and necessary
considering the nature and scope of the project.
(d) Administrative expenses in amounts equal to or less than the maxi-
mum amounts shown in the following schedule shall be deemed reason-
able and necessary upon certification by the sponsor that they have been
incurred.
Approved Program Loan Amount Maximum Administrative Expenses
Up to $500,000 5% of the approved program loan
amount
Over $500,000
$25,000 plus 1% of the approved program
loan amount over $500,000, up to a
maximum of $50,000
(e) The department shall not fund administrative expenses in excess
of ] 0 percent of the approved loan amount unless the sponsor can demon-
strate to the department's satisfaction that costs in excess of this limita-
tion are the result of expenses for architectural, engineering, and legal
services, which would otherwise qualify for funding as consultant ser-
vices pursuant to section 8079(b)(7).
NOTE: Authority cited: Section 50771.1 , Health and Safety Code. Reference: Sec-
tion 50771.1, Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency; operative 1 2-29-89 (Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-3(^90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 ( Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate ol' Compliance must be transmitted to OAL by 12-26-90
oremereencv laniiuasze will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safetv
Code .section 50771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4- 1 8-9 1 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Comphance as to 12-19-90 order iransmitted to OAL 1-4-91 ;
drsapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91.
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-91 order includins amendment of subsec-
tion (c) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91. No. 38).
§ 8086. Occupancy Requirements.
(a) In each rental housing development assisted by the program, and
for the full term of the program loan, the following requirements shall ap-
ply:
( 1 ) Not less than thirty percent of all units shall be assisted units.
(2) Not less than two-thirds of the assisted units shall be very low-
income units.
(b) Assisted units shall not differ substantially in size or amenity level
from nonassisted wiits with the same number of bedrooms, and lower in-
come units shall not differ from very low-income units. Assisted units
shall not be segregated from nonassisted units, and very low-income
units shall not be segregated from lower income units. Within these lim-
its, sponsors may change the designation of a particular unit from assisted
to nonassisted. or lower income to very low-income, and vice versa, over
time.
(c) The number, size, type, and amenity level of lower income and very
low-income units shall not be fewer than the number nor different from
the size, type and amenity level described in the Regulatory Agreetnent
for the full loan term.
NOTE: Authority cited: Section 50771 .1, Health and Safety Code. Reference: Sec-
tions 50736 and 50771.1, Health and Safety Code.
History
1 . New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90,
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Heahh and Safety
Code section 50771.3; operative 12-19-90 (Register 91, No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-1 8-91 oremergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1^-91 ;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-2(V91 as an emergency; operative 2-20-91 (Register 91,
No. 13). A Certificate of Comphance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate ofCompliance as to 6-14-91 order including amendment of subsec-
tion (c) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91. No. 38).
§ 8087. Tenancy Standards.
(a) Sponsors shall select only eligible households as tenants of assisted
units, and shall annually verify household income and size to determine
continued eligibility. As part of the management plan required by section
8100(d), the sponsor shall develop a tenant selection plan for assisted
units which shall be subject to the approval of the department. Any
Page 462
Register 91, No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
S 8087
change to the plan shall be subjecl to ilie approval of the department. The
plan shall incliide the I'ollowing:
( 1 ) an alTirmative marketing plan lor eligible households which shall
include policies and steps to ensure equal access to all housing uniis in
the rental housing development for all persons in any category protected
by federal, state or local laws governing discrimination. Where a signifi-
cant number of persons in the area of the rental housing development
have limited fluency in English, the plan shall require that publications
implementing the affirmative marketing plan be provided in the native
language of those persons.
(2) reasonable criteria for selection or rejection which shall not dis-
criminate in violation of any federal, stale or local laws governing dis-
crimination, or any other arbitrary factor.
(3) prohibition of local residency requirements.
(4) tenant selection procedures that include the following require-
ments:
(A) selection of tenants based on order of application, lottery or other
reasonable method approved by the department;
(B) notification to tenant applicants of eligibility for residency and,
based on turnover history, for units in the rental housing development,
and the approximate date when a unit may be available;
(C) notification of tenant applicants of ineligibility to occupy an as-
sisted unit and the reason for the ineligibility and their right to appeal this
determination pursuant to section 8G87(e); and
(D) maintenance of a waiting list of eligible households applying to
occupy assisted units and if applicable, distinguish between lower- and
very low-income applicants.
(5) tenant occupancy standards that shall be used by the sponsor upon
both initial occupancy and recertification to determine a tenant's unit
size, as follows:
No. of Persons in Household
Maximum
2
2
.1
5
7
9
(A) Flexibility for assignment by a sponsor to a different sized unit is
permitted if the sponsor reasonably determines that special circum-
stances warrant such an assignment and the reasons are documented in
the tenant's file.
(B) If at the time of recertification, the tenant's household size has
changed and no longer meets the occupancy standards pursuant to this
subdivision, tenant household shall be required to move to the next avail-
able appropriately sized unit pursuant to this subdivision.
(b) Upon prior written approval by the department, the sponsor may
set income limits for lower income units at a level below the upper limit
for lower-income households.
(c) In limited equity housing cooperatives, share purchase terms for
assisled-unils shall be limited as follows:
(1 ) the total share purchase price for the initial occupant shall be not
less than two months carrying costs and not more than five percent of the
prorated development cost of the unit.
(2) share appreciation upon resale shall be at a rate approved by the de-
partment not to exceed eight percent of the paid-in portion of the share
purchase price per annum.
(3) for lower-income households, the required cash contribution to he
applied towards the total share purchase price upon initial occupancy
shall not exceed 2.5 percent of the proraleddevelopmentcost of theunit,
plus allowed appreciation. For very low-income households, the re-
quired cash contribution shall not exceed ten percent of the household's
income over the twelve months prior to occupancy.
(4) the sponsor may loan members of the cooperative the difference
between the total share purchase price and the member's initial cash con-
Unit
Size
Minin
SRO
1
()^BR
1
1-BR
1
2-BR
~>
.VBR
4
4 BR
6
5-BR
8
tribution. The terms and conditions oi such loans shall be subject to de-
partment approval.
(d) The sponsor shall submit for department approxal the form of the
rental or occupancy agreement for assisted units prior to its use. The form
shall include the following:
(1) provisions requiring good cause for termination of tenancy. One
or more of the following constitutes ""good cause":
(A) failure by the tenant to maintain eligibility under the prt)gram;
(B) material noncompliance by the tenant with the lease, including one
or more substantial violations of the lease or habitual mint)r violations oi
the lease which
1. adversely affect the health and safety of any person or the right of
any tenant to the quiet enjoyment of the leased premi.ses and related proj-
ect facilities;
2. substantially interfere with the management, maintenance, ov oper-
ation of the rental housing development;
3. result from the failure or refusal to pay, in a timely fashion, rent or
other permitted charges when due. Failure or refusal to pay in a timely
fashion is a minor violation if payment is made during the three-day no-
tice period.
(C) material failure by the tenant to carry out obligations under state
or local law; or
(D) subletting, by the tenant, of all or any portion of the assisted unit;
(E) any other action or conduct of the tenant constituting significant
problems which can be reasonably resolved only by eviction of the ten-
ant, provided that the sponsor has previously notified the tenant that the
conduct or action in questions would be considered cause for eviction.
Examples of action or conduct in this category include the refusal of a
tenant, after written notice, to accept reasonable rules or any reasonable
changes in the lease or the refusal to recertify income or household size;
(2) a provision requiring that the facts constituting the grounds for any
eviction be set forth in the notice provided to the tenant pursuant to slate
law;
(3) notice of grievance procedures for hearing complaints of tenants
and appeal of management action; and
(4) a requirement that the tenant annually recertify household income
and size.
(e) The sponsor shall adopt an appeal and grievance procedure to re-
solve grievances filed by tenants and appeals of actions taken by spon-
sors with respect to tenants' occupancy in the rental housing develop-
ment and prospective tenants" applications for occupancy.
(1) the appeal and grievance procedure shall be included in the spon-
sor's management plan described in section 8l()0(d) and shall, at a mini-
mum, include the following;
(A) a requirement for delivery to each tenant and applicant of a written
copy of the appeal and grievance procedure;
(B) procedures for informal dispute resolution;
(C) a right to a hearing before an impartial body, which shall consist
of one or more persons, with the power lo render a final decision on ihe
appeal or grievance;
(D) procedures for the conduct of such hearing and the appointment
of the impartial hearing body. The procedures shall include the right to
present evidence without regard to formal rules of evidence, the right lo
be represented by any other person and the right to a written decision
from the hearing body. The decision of the hearing body shall be based
solely on evidence presented at the hearing; and
(E) a requirement that the sponsor extend any time period imposed
pursuant to a formal eviction procedure, including any filing in a court
of competent jurisdiction, during the pendency of the hearing.
(2) Neither utilization of nor participation in any of the appeal and
grievance procedures shall constitute a waiver of or affect the rights of
the tenant, prospective tenant, or sponsor to a trial de novo or judicial re-
view in any judicial proceeding which may thereafter be brought in the
matter.
Page 463
Register 91, No. 46; 1 1-15-91
§8088
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(f) If. al the time of recertification, the tenant's household income ex-
ceeds the upper limit for lower-income households, the tenant's lease for
the unit as an assisted unit shall terminate six months after the date of re-
certification.
(1) In rental housing developments containing nonassisted units, the
tenant shall have the right of first refusal for any available nonassisted
unit of a si/e consistent with the occupancy standards set forth in section
8087(a)(5). This right shall begin upon recertification and shall expire
upon termination of the tenant's lease of the assisted unit.
(2) If the tenant provides to the sponsor additional evidence which es-
tablishes income eligibility prior to the expiration of the tenant's lease,
the tenant's lease shall not be terminated.
(3) The sponsor may approve one additional six-month extension of
the lease if the project:
(A) is located in a market area where the vacancy rate for rental hous-
ing is less than five percent; and
(B) is located is an area where the Fair Market Rent exceeds the aver-
age of the Fair Market Rents for all metropolitan statistical areas in Cali-
fornia. For purposes of this subsection. "Fair Market Rent" means the
most current fair market rent for existing housing for two-bedroom units,
as published annually in the "Federal Register" by the U.S. Department
of Housing and Urban Development pursuant to section 8(c)( I ) of the
United ,States Housing Act of 1937.
(4) If the assisted unit is subject to state or federal rules governing low-
income housing tax credits, as referenced in section 10300, title 4, Cali-
fornia Code of Regulations, those eligibility provisions shall govern con-
tinued eligibility for occupancy.
(5) In a limited equity housing cooperative where the household in-
come of a cooperative member occupying an assisted unit exceeds the
upper limit for lower income households, the member shall not be re-
quired to vacate the assisted unit.
(A) After recertification and determination of ineligibility, the sponsor
shall immediately notify the member that the carrying charge will in-
crease to a market rate payment six months after said notification. Market
rate payment shall be the carrying charge paid for a comparable nonass-
isted unit, without an allowance for utilities, or where there are no compa-
rable nonassisted units, the rent charged for comparable units in the area.
This market rate payment shall be subject to department approval.
(B) The next available membership share for occupancy in a compara-
ble unit shall be sold to an eligible household until the mix between low-
er- and very low-income units required by the Regulatory Agreement is
achieved.
(6) If the tenant's income exceeds the limit for lower-income units es-
tablished by the sponsor pursuant to subdivision (b), but remains below
the lower-income limit, that fact alone shall not be cau.se for termination
of the tenant's lease or for requiring the tenant to vacate their unit.
(g) If the income of a household residing in a very low-income unit
changes from very low-income to other lower-income at the time of re-
certification, the following shall apply:
( 1 ) The household shall not be required to vacate the unit:
(2) The sponsor shall charge rent that does not exceed the current rent
allowed for any comparable lower-income unit pursuant to section 8088,
or where there are no such units, the maximum rent which would be al-
lowed pursuant to section 8088;
(3) The sponsor shall designate the unit as a lower-income unit; and
(4) The sponsor shall designate the next available comparable assisted
unit as a very low-income unit until the mix between lower-income and
very low-income units required by the Regulatory Agreement is
achieved.
(5) in a limited equity housing cooperative, where the tenant member
in a very low-income unit becomes an other lower-income household,
the sponsor shall comply with the provisions of subdivisions (g)(1)
through (g)(4).
NOTE: Authority cited: Section 5077 1.1. Health and Safety Code. Reference: Sec-
tions 33007.5, 50010, 50736, 50079.5. 50771.1 and 50894, Health and Safety
Code.
History
1 . New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90.
No. 3). A Certifieate ot Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section rellled 4-26-90 as an emergency: operative 4-26-90 (Register 90,
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section rellled 8-27-90 as an emergency; operative 8-27-90 ( Register 90.
No. 42). A Certificate ol'Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 5077 1 .3; operative 1 2-19-90 (Register 91 . No. 4). A Certifieate
of Compliance must be transmitted to OAL by 4- 1 8-91 oremergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted lo OAL 1-4- 91 :
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register91.
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-91 order including amendment of subsec-
tions (a), (b), (c). (d). (e), (I) and (s) transmiued to OAL 5-15-91 and tiled
6-14-91 (Register 91. No. 38).
8. Editorial correction of printing enor in subsections (a)(5) changing O to 0;
(f)(B)(6) and HISTORY 7 (Register 91, No. 46).
§ 8088. Rent Standards.
(a) The department shall establish initial rents for assisted units in each
project in accordance with the tables in section 6932 and the following:
(1 ) At the time of the initial occupancy of a unit, rents for very low-
income units, and for units in residential hotels and group homes, shall
not exceed 30 percent of 35 percent of area median income, divided by
12, adjusted by unit size pursuant to subdivision (a)(3), and with an al-
lowance for utility costs pursuant to subdivision (a)(4). The unit size ad-
justment in subdivision (a)(3) is employed by identifying the size of the
unit for which rent must be determined and reading across to determine
the applicable household size for that unit. Area median income is deter-
mined by selecting from the tables provided in section 6932 for the
county in which the unit is located, the amount of income provided as the
very low-income standard for the "number of persons in the family."
which equates with the "applicable household size" identified in subdivi-
sion (a)(3).
(2) Except for residential hotel units and rooms in group homes, at the
time of the initial occupancy of a unit, rents for lower-income units shall
not exceed 30 percent of 60 percent of area median income, divided by
12, adjusted by unit size pursuant to subdivision (a)(3), and with an al-
lowance for utility costs pursuant to subdivision (a)(4). The unit size ad-
justment in subdivision (a)(3) is employed by identifying the size of the
unit for which rent must be determined and reading across to determine
the applicable household size for that unit. Area median income is deter-
mined by selecting from the tables provided in section 6932 for the
county in which the unit is located, the amount of income provided as the
lower-income standard for the "number of persons in the family," which
equates with the "applicable household size" identified in subdivision
(a)(3).
(3) Maximuin rent calculated pursuant to (a)(1) and (a)(2) above shall
be adjusted by unit size as follows:
Unil Size
residential hotel unit or 0 bedroom
group home bedroom with one occupant
group home bedroom with two occupants
Applicable Household Size
to Determine Rent Limit
1 bedroom
2 bedrooms
3 bedrooms
4 bedrooms
5 bedrooms
1 person
1 person
1 person
(Maximum rent shall be
twice the maximum rent
for bedrooms with one occupant.)
2 persons
3 persons
4 persons
6 persons
8 persons
Page 464
Register 91, No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
§ 80S9
(4) The iTiaxinuim rent lo be eharged to tenants shall be determined by
dediieting from the maximum amoLints calculated pursuant to (a)(r),
(a)(2) and (a)(3) a utility allowance for the appropriate unit size. Where
a tenant does not directly pay for utilities, the utility allowance deduction
shall be zero. The utility allowance shall be the allowance for monthly
utility costs made or approved by the U.S. Department of Housing and
Urban Development pursuant to 24 CFR section 813. 102. In order to ob-
tain the current utility allowances for cities and unincorporated areas lo-
cated in the following counties, please contact the Department o( Hous-
ing and Community Development, Attention: Housing Assistance
Program, Post Office Box 952(J54, Sacramento, CA 95252-2().'S4 or
phone (916) 324-7696:
Ainaclor
Calavcrus
Colusa
hi Dorado
Glenn
Inyo
Lassen
Lake
Mendocino
Modoc
Mono
Nevada
Placer
Sierra
Siskiyou
Trinity
Tuolumne
Utility allowances for the balance of cities and unincorporated areas
in California not located in the above noted counties may be obtained by
contacting the Housing Authority established for that county pursuant to
section 34240 of the Health and Safety Code.
(5) Upon demonstration by the sponsor that the amount of utility costs
per unit anticipated for the proposed project differs from the amount of
the utility allowance per unit derived pursuant to the preceding subdivi-
sion, the department shall allow as a utility allowance use of the utility
cost per unit demonstrated by the sponsor. The demonstration by the
sponsor shall consist of the submittal of actual utility usage cost data per
unit for an existing project constructed within the last five years; of the
same type of construction as the proposed project; and with the same type
of tenant population as the proposed project.
(6) As used in this section "rent"' does not include any payment to a
sponsor under section 8 of the United States Housing Act of 1937 or any
comparable federal or state rental assistance program.
(b) After the initial operating year, rents in assisted units may be ad-
justed no more often than annually. The amount of adjustment for as-
sisted units shall be in accordance with the following:
( 1 ) Rents may be increased at a rate not to exceed the most recent annu-
al average percentage change in the Western Region for residential rents
lor all urban con.sumers as published by the United States Department of
Labor, Bureau of Labor Statistics in the monthly publication, "CPl De-
tailed Report," multiplied by the ratio of the previous year's budgeted op-
erating expenses attributed to assisted units plus required reserves attrib-
uted to assisted units to the previous year's budgeted operating income
attributed to assisted units.
(2) In addition to the rent increase allowed pursuant to subdivision
(b)( 1 ), rents shall be increased by an amount not to exceed the amount
necessary to increase the operating income to cover changes in debt ser-
vice:
( A ) on an adjustable rate mortgage approved by the department as part
of the project; or
(B) resulting from a refinancing approved by the department and re-
quired to maintain fiscal integrity.
(3) Notwithstanding the provisions of subdivisions (b)(1) and (b)(2),
rents shall be decreased, or the amount of the otherwise allowable in-
crease reduced, if there is a reduction in the amount of required payments
on an adjustable rate mortgage on the project due to a decrease in the in-
terest rate for that mortgage. The aggregate monthly amount of this rent
decrease, or reduction in an otherwise allowable increase, shall be equal
to the amount of the monthly payment reduction attributable to assisted
units;
(4) Any rent adjustment at the end of the initial operating year shall be
prorated based on the length of the initial operating year.
(c) The sponsor shall be allowed to implement a greater rent increase
if the sponsor can demonstrate, to the department's satisfaction, that the
increase is necessary to pay for unusual or unforeseeable increases in
costs related to the assisted units and to preserve fiscal integrity. The
sponsor shall not receive a greater rent increase on the grounds that fiscal
integrity is threatened by a shortfall in income, unanticipated expenses
or other financial problems attributable to commercial space t)r nonass-
isted units.
(d) Any allowable rent increase or portion thereof not implemented by
the sponsor in any given year shall not be accumulated for implementa-
tion in subsequent years.
(e) Where the assisted units are rent restricted as a condition of the
low-income housing tax credit or other state and federal rent subsidy pro-
grams, the initial rent for assisted units and subsequent rent increases
shall be the lower of those permitted under subdivisions (a), (b). or (c),
or those permitted under the applicable tax credit or other programs.
(0 The sponsor shall submit requests for rent adjustments pursuant to
subdivision (c) above as part of the annual operating budget pursuant to
section 8102.
NOTO: Aulhoritv cited: Section 5077 1.1, Health and Saictv Code. Rclcrcncc: Sec
lion 5077 1.1, Health and Safety Code.
History
1. New section tiled 12-29-89 as an emergency; operative 1 2-29-89 (Reeisicr 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-,^()-90.
2. New section retlled 4-26-90 as an emergency: operative 4-26-90 ( Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL wuhui 120
days or emergency language will he repealed by operation of law on 8-24-90.
3. New section retlled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the tollouing
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Saletv
Code section 50771.3; operative 12-19-90 (Regi.sier 91, No. 4). A Certilicat'e
of Compliance must be transmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Regisler91.
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the lol lowing
day.
7. Certificate of Compliance as to 6-14-91 order including amendment of section
transmitted to OAL 5-L5-91 and filed 6-14-91 (Register 91, No. 38).
§ 8089. Limits on Distribution.
(a) A nonprofit corporation shall be limited to an annual distribution
on the sponsor's actual investment in the entire project in an amount not
to exceed eight percent per annum.
(b) A for-profit sponsor shall elect, prior to loan closing, lo be limited
in accordance with one of the following options:
( 1 ) The sponsor shall be limited to an annual distribution on the spon-
sor's actual investment in the entire project in an amount not to exceed
eight percent per annum; or
(2) The sponsor shall receive no distribution from assisted units, and
shall not be subject to any limitations on the amount o\' the distribution
it receives from nonassisted units.
(c) A sponsor may not accumulate distributions from year to year. A
sponsor may deposit all or a portion of the amount permitted for distribu-
tions into a project account for distribution in subsequent years. Such fu-
ture distributions shall not reduce the otherwise permitted distribution in
those subsequent years.
(d) Actual investment, for the purposes of this section, includes cash
and the market value of property contributed to the project by the spon-
sor. For projects receiving state or federal low-income housing tax cred-
its, the amount of actual investment recognized by the department for the
purpose of calculating allowable distributions shall not exceed fifteen
percent of total project development costs. Actual investment does not
include any payments of project funds to the sponsor. In syndicated proj-
ects, actual investment shall be calculated net of the costs of syndication,
such as the syndicator's fee and syndication-related legal expenses.
Page 465
Register 91, No. 46; 1 1 - 15-91
§8090
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(e) In its iiiiiial operaling biidgel, the sponsor shall demonsirate to the
department the amount of the sponsor's aelual investment on whieh the
allowable distribution will be calculated. The actual investment amount
shall be increased in subsequent budgets upon a showing of additional
actual investment advanced by the sponsor.
(0 Distributions shall be permitted only alter the sponsor submits a
complete annual report and operating budget and the department deter-
mines that the report and budget demonstrate compliance with all pro-
gram requirements for the applicable year. Circumstances under which
no distributions shall be made include:
( 1) when written notice of default has been issued by any entity with
an equitable or beneficial interest in the rental housing development;
(2) when the department determines that the sponsor has failed to com-
ply with the department's written notice of any reasonable requirement
for proper maintenance or operation of the rental housing development;
(3) if all currently required debt service and operating expenses have
not been paid;
(4) if the replacement reserve account or any other reserve accounts
are not fully funded pursuant to section 8102 and the Regulatory Agree-
ment.
( h) Distributions attributed to income from commercial space shall not
be subject to limits pursuant to this section.
(i) When operating income is greater than approved operating ex-
penses, debt service, scheduled reserve deposits, approved prepayments,
approved annual distributions, and any other disbursements approved by
the department, then the department shall require that such excess be paid
into the Emergency Reserve Account established pursuant to section
8103. For purposes of calculating the amount of excess funds pursuant
to this subdivision, operating income and expenses shall not include in-
come or expenses from commercial space, or, where the sponsor elects
to have their return limited pursuant to subdivision (b)(2). from nonass-
isted units.
NOTE: Authority cited: Section 5077 1.1. Health and Safety Code. Reference: Sec-
tion 50771.1, Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency; operative 1 2-29-89 (Register 90.
No. 3). A Certitleate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No. 42). A Certificate of Compliance inust be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-1 8-9 1 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91 ;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to (>- 14-91 order including amendment of subsec-
tion (e) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No. 38).
§ 8090. Syndication.
(a) In the event that the project is syndicated during the term of the pro-
gram loan for the purpose of receiving federal or state low income hous-
ing tax credits, the total amount of syndication proceeds retained by the
sponsor, or any affiliates of the sponsor, in the form of fees or payments
of any kind, shall not exceed 25 percent of net syndication proceeds. Net
syndication proceeds shall be calculated by deducting froin gross syndi-
cation proceeds all reasonable and ordinary costs of syndication, includ-
ing accounting, printing, financial consultant, legal, interest and fees on
gap financing used to pay development costs approved by the depart-
ment, syndicator fee, and government fees associated with creating a lim-
ited partnership and securing tax credit allocations.
(b) Not less than 75 percent of any available net syndication proceeds
shall be applied toward project development costs approved by the de-
partment, exclusive of any fees or payments retained by the sponsor or
its affiliates, and, then, to the extent that funds aie available, toward pay-
ment of program loan interest and principal.
(c) Upon demand by local public agencies that have contributed or
loaned funds towards project development costs, net syndication pro-
ceeds that would otherwise be applied towards program loan payments
may be allocated among these agencies and the department in amounts
in direct proportion to the ratio between the amount of theircontributions
or loans and the amount of the program loan.
NOTE: Authoril V cited: Section 5077 1.1, Health and Safety Code. Reference: Sec-
tion 5077 1.1. Health and Safety Code.
History
1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90.
No. 3). A Certificate of Compliance must be transmitted to O.AL within 120
days or emergency language will be repealed by operation of law on 4-3(J-9().
2. New section refiled 4-26-90 as an emergency ; operative 4-26-90 (Register 90.
No, 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New .section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code .section 50771.3; operative 12-19-90 (Register 91, No. 4). A Certificate
of Compliance must be transmitted to OAL by 4- 18-91 oremergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1^-91;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register9l ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Comphance as to 6-14-91 including amendment of subsection (a)
transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No. 38).
§ 8091. Relocation Requirements.
(a) The sponsor of a project resulting in displacement of residential
tenants shall be solely responsible for providing the assistance and bene-
fits set forth in this section, and shall agree to indemnify and hold harm-
less the department from any liabilities or claims for relocation related
costs.
(b) All tenants in occupancy in a property who are permanently dis-
placed as a direct result of the development of the project shall be entitled
to relocation benefits and assistance as provided in sections 7260, 7261.
7262, 7264, 7264.5, 7269, 7269.1, 7272 and 7272.3 of the Government
Code. Displaced tenants who are not eligible households under this pro-
gram shall be provided relocation benefits and assistance from funds oth-
er than program funds.
(c) The sponsor shall prepare a relocation plan in conformance with
the provisions of section 6038(b) of this title based on the scope of the
project and the extent of anticipated displacement. The relocation plan
shall be subject to the review and approval of the department prior to the
disbursement of program funds.
(d) All eligible hou.seholds who are permanently displaced as a direct
result of the development of the project shall be entitled, upon initial oc-
cupancy of the rental housing development, to occupy assisted units
meeting the tenant occupancy standards set forth in section 8087.
(e) All ineligible households who are permanently displaced as a direct
result of the development of the project shall be entitled, upon initial oc-
cupancy of the rental housing development, to occupy any available non-
assisted units.
(f) Notwithstanding the preceding subdivisions, tenants who are noti-
fied in writing prior to their occupancy of an existing unit that such unit
may be demolished as a result of funding provided under the program
shall not be eligible for relocation benefits and assistance under this sec-
Page 466
Register 91, No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
S 8(192
lion. The lorm oluny noiiccs used for ihis purpose shall be sLibJect to de-
parlmonl approval.
Nori . Aiitlioril V ciled: Section 5017 1.1. Hcallli and Safety Code. Reference: Sec-
tions 7260. 726"l. 7262. 7264. 7264.5. 7269. 7269.1. 7272 and 7272. .•^. Govern-
ment Code, and .Sections .50771.1 and 5.il.^3. Health and Safety Code.
History
1. New section filed 12-29-89 as an emergency: opeiative 1 2-29-89 (Registe:r 90.
No. }}. A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section re filed 4-26-90 as an emergency: operative 4-26-90 ( Register 90.
No. 2.3). A Ceilincale of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section reliled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emeiiiencv lani:uaiie will be repealed by operation of law on the followinii
day.
4. New section refiied 12-19-90 as an emergency pursuant to Health and Safety
Ct)de section 50771.3; operative 12-19-9?) (Register 91. No. 4). A Ceiliflcate
of Compliance must be transmitted to OAL by 4-18-91 oremergency language
will be repealed by operation of law on the following day.
5. Certilleate of Compliance as to 12-19-90 order transmitted to OAL 1-4- 91 :
disapproved by OAL 2-^-91 (Register 91, No, 13).
6. New section refiied 2-20-9 1 as an emergency; operative 2-20-91 (Register 91 .
No. 1 3 ). A Certificate of Compliance must be transmitted to OAL by 6- 1 7-9 1
or emer>jcncv lamiuaiie will be repealed by operation of law on the followinii
ilay.
7. Ceiliricatc of Compliance as to 6- 14-91 order including ainendment of subsec-
tions (a), (b)and NOTE transmitted toOAL 5-15-91 and filed 6-14-91 (Regis-
ter 91. No. 38).
8. Ldilorial correction of printing enor in sub.seetion (c) (Register 91. No. 46).
§ 8092. Construction Requirements.
(a) The department shall review and underwrite project plans and
specifications to ensure the following objectives:
( 1 ) The rental housing development shall have a minimum useful life
at least equal lo terin of the loan;
(2) Maintenance, repair, and replacement costs shall be minimized
during the useful life of the rental housing development through use of
durable, low tnaintenance materials and equipment and design features
that minimize wear and tear.
(.3) Operating costs shall be minitiiized during the useful life of the
rental housing development.
(4) Tenant security shall be enhanced through features such as those
designed to prevent or discourage unauthorized access and to allow for
ready tnonitoring of public areas.
(3) Unit sizes, amenities, and general design features shall not exceed
the standard for new developments rented at or below the market rent in
the area of the project, and unit density shall not be substantially less than
the average for new developments with such units.
(b) The sponsor shall ensure that the construction work for the project
shall be performed in a competent, professional manner at the lowest rea-
sonable cost consistent with the project's scope, design and locality and
not in excess of the total funds available. The sponsor may demonstrate
the reasonableness of the proposed cost by soliciting written bids based
on a bid package distributed to potential contractors located in the general
area of the rental housing development or by the use of other methods
which adequately demonstrate lo the department's satisfaction that the
costs are reasonable. Such bid package or other method shall include at
a minimum:
( 1 ) complete plans and specifications for the work; and
(2) a full description of the program requirements for construction, in-
cluding the required provisions of the construction contract.
(c) The sponsor shall enter into a written contract with the selected
contractor. The contract shall be subject to the prior approval of the de-
partment to determine compliance with program requirements.
(d) The construction contract shall be a completely integrated agree-
ment containing all the understandings, covenants, conditions and repre-
sentations between the parties and, at a minimum, contain provisions
which:
( I ) require thai the contractor complete the work in accordance with
the plans and specifications approved by the department and applicable
local, state and federal laws, regulations and building codes and stan-
dards;
(2) require the contractor lo proceed with and complete the work in ac-
cordance with the schedule for work approved by the department;
(3) specify a total contract price consistent with the project budget ap-
proved by the department;
(4) provide for a method of payment to the contractor consistent with
program requiretnents which shall include progress payments and reten-
tions;
(5) require that the contractor provide a payment bond securing p;iy-
ment to persons providing goods or services to the project and a pertbrm-
ance bond securing faithful completion of the work. Each bond shall be
in an amount equal to 100 percent of the total contract price and include
the department as a dual obligee. The department shall waive the pay-
inent and perforinance bond requiretnents. or reduce their scope, upon
the sponsor's either:
(A) providing alternative security for payment and performance under
the construction contract which is substantially equivalent to the bond re-
quiretnents; or
(B) demonstrating that the botids, or the full amount thereof, are not
necessary to protect the interests of the department and ensure comple-
tion of the work;
(6) permit the sponsor and the departtnent and their designated agents
and employees the right to inspect the project site and all books, records
and documents maintaitied by the contractor in connection with work;
(7) require the contractor to provide insurance coverage consistent
with the program requirements and other applicable law;
(8) obligate the contractor to warrant the work for a period not less than
one year;
(9) require that the contractor pay all amounts when due for labor,
work performed under subcontract, or materials, supplies and equipment
provided to the project;
(10) provide for the assignment of the construction contract to the de-
partment upon sponsor's breach of the Development Agreement;
(11) require that the contractor comply with state prevailing wage law.
as set forth in Labor Code section 1720et seq., where program funds are
provided as construction financing.
(12) include such special conditions applicable to the construction
contract as may have been imposed in connection with the departtnent's
approval of the project for funding.
NOTE: Authority cited: Section 50771.1. Health and Safety Code. Reference: Sec-
tion 50771.1. Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency; operative 1 2-29-89 ( Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiied 4-26-90 as an emergency: operative 4-26-90 ( Register 90,
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiied 8-27-90 as an emergency: operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the li)llowing
day.
4. New section refiied 12-19-90 as an emergency pursuant to Health and Safelv
Code section .50771,3; operafive 12-19-90 (Register 91, No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-18-91 oremergency language
will be repealed by operafion of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91;
disapproved by OAL 2-4-91 (Register91, No. 13).
6. New section refiied 2-20-9 1 as an emergency ; operative 2-20-9 1 ( Register 9 1 .
No. 13). A Certificate of Compliance mu.st be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the Ibllowing
day.
7. Certificate of Compliance as to 6-14-91 order including amendment of subsec-
tion (d) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91. No, 38),
Page 467
Register 91 , No. 46; 1 1 - 1 5 - 9 1
{j 8093
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 3. Application Procedures
§ 8093. Application Process.
(a) The department shall issue a Notice of Funding Availability
(NOFA) which specifies the schedule for rating and ranking applications
and awarding funds every two months, the amount of funds available in
each bimonthly cycle, application requirements, the allocation of rating
points, and the general terms and conditions of funding commitments.
Applications in response to each NOFA will be accepted on a continuous
basis.
(h) Within 4.S days of the receipt of an application, the department shall
provide the applicant with written notice indicating whether the applica-
tion is complete pursuant to section 8094 and eligible for rating and rank-
ing pursuant to section 8095(a).
( 1) If the application is not complete, but has not been determined to
be ineligible for rating and ranking, the notice shall specify the informa-
tion or documentation necessary to complete the application. Within 1 .5
days of the receipt of any additional information or documentation from
the applicant, the department shall provide the applicant with written no-
tice indicating whether the additional information or documentation is
sufficient to determine that the application is complete.
(2) If the application is not eligible for rating and ranking, the notice
shall provide an explanation of the reasons for this determination.
(c) Funding decisions shall be based on a bimonthly rating and ranking
of applications determined to be eligible for rating and ranking pursuant
to subdivision (b).
( 1 ) An application must be received by the department and determined
to be complete and eligible for rating and ranking at least 45 days prior
to the completion of the next scheduled rating and ranking to be assured
of consideration in that rating and ranking.
(2) Within J 5 days following the completion of each bimonthly rating
and ranking, the department shall provide each applicant with a written
notice indicating whether their application has been approved for fund-
ing. If an application is not approved, the notice shall include an explana-
tion of the rating and ranking and the reasons for the disapproval.
(d) Projects selected for funding shall be approved at loan amounts,
terms, and conditions specified by the department.
(e) In each fiscal year, not less than 20 percent of all program funds
loaned shall be allocated to rural areas. In each fiscal year, elderly or
physically handicapped households shall be allocated not less than 20
percent, nor more than 30 percent, of the assisted units provided by pro-
gram funds. If necessary to safisfy these distribution requirements, the
department shall do the following:
( 1 ) issue a special NOFA for rural projects, or for projects with units
available for occupancy by elderly or physically handicapped house-
holds;
(2) award bonus points to rural projects, or for projects with units
available for occupancy by elderly or physically handicapped house-
holds:
(3) reserve a porUon of funds specified in the NOFA for rural projects,
or for projects with units available for occupancy by elderly or physically
handicapped households.
NOTE: Authority cited: Section 50771 .1, Health and Safety Code. Reference: Sec-
tions .^07.^6 and .S077 1.1. Health and Safety Code.
History
1 . New section tiled 12-29-89 as an emergency; operative 12-29-89 (Register 90.
No. 3). A Ceilificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section retlled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Cenificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. Amendment tiled 7-2.V90 as an emergency; operative 7-23-90 (Register 90.
No. 3 1 ). A Cenificate ofCompliance must be transmitted to OAL by 1 1-20-90
or emergency language will be repealed by operation of law on the following
day.
4. New section rellled 8-27-90 as an emergency ; operative 8-27-90 ( Register 90.
No. 42). A Cenificate of Compliance must be transmitted to OAL by 14-26-90
or emergency language will be repealed by operation of law on the following
day.
5. Amendment refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
9 1 , No. I ). A Certificate of Compliance must be transmitted to OAL by 3-18-9 1
or emergency language will be repealed by operation of law on the following
day.
6. New .section retlled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operative 12-19-90 (Register 91, No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
7. Ceilificate of Coinpliance as to 1 1-16-90 and 12-19-90 orders transmitted to
OAL 1-4-91 ; disapproved by OAL 2-^91 (Register 91, No. 13).
8. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91.
No, 13), A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 6-14-91 order including amendment of subsec-
tion (e ) and NOTE transmitted to OAL 5- 1 5-9 1 and filed 6- 1 4-9 1 (Register 9 1 .
No. 38).
§ 8094. Application Requirements.
(a) Application shall be made on form HCD 800. "Loan Applicauon
Rental Housing Construction Prograin," dated 12/90, as set forth in sub-
section (b). This form is provided by the department.
(b) HCD 800. "Loan Application Rental Housing Construcfion Pro-
gram." dated 12/90:
Page 468
Register 91, No. 46; 11 - 15-91
Title 25
Department of Housing and Community Development Programs
§ 8094
HCD 800. (12/90)
LOAN APPLICATION
RENTAL HOUSING CONSTRUCTION PROGRAM
Project Name
Project Le)cation
Applicant"-
Address
Contact Person
County
Applicant Telephone (
)
FAX NO. ( )
Consultant/Application Preparer
Consultant Telephone ( )
(If available)
FAX NO. ( )
^The applicant must be a currently organized legal entity.
(If available)
General Instructions: Fill out the application completely. If an attachment is included with the applicalion. check the ""yes" column
in the checklist below. If an attachment is not included, check "no" and note the reason on the "comments" line.
Please use labeled labs for all attachments, organized according to this checklist, with attachments placed at the end of the complete
application.
YES NO COMMENTS
A. Project Summary
No Attachments
B. Applicant
Attachment Bla
Attachment Bib
Attachment Blc
Attachment B3
Attachment B4
Attachment B5
Attachment B6c
Attachment B7
Attachment B8
Partnership Agreement
Financial Statements
Resolution
Applicant's Staff
Development
Property Management
Funding of Services
Local Official Support
Project Experience
C. Project Cash Flow Analysis
Attachment C2 Operating Expenses
D. Development Budget
No Attachments
Page 469
Register 91, Nos. 34-39; 9-27-91
§8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
YES
NO
COMMENTS
E. Projeci Financing
Attachment El
Attachment E2a
Attachment E2b
Attachment E2c
Attachment E2d
F. Site Information
Attachment F2
Attachment F3
Attachment F4
Attachment F6
Attachment F9
Attachment FIO
Attachment Fl 1
Attachment F12
Sources and Uses
Loan Commitments
Grant Commitments
Owner Contributions
Syndication
Site Control
Preliminary Title Report
Land Sales Comparables
Vicinity Map
Toxics
Utilities
Soils Report
Off-Site Improvements
G. Local Government Appi'ovals
Attachment Gl Zoning
Attachment G2 Conditional Use Permit
Attachment G3 Parcel Map
Attachment G4 Article XXXIV
Attachment G6 Local Government Letter
H. Unit Construction
Attachment H2
Attachment H8
Attachment H9
I. Project Timeline
No Attachments
Demolition/Relocation
Plans
Design Features
J. Local Need & Assistance
Attachment Jla
Attachment Jib
Attachment Jlc
Attachment Jld
Attachment J2
Attachment J3
Waiting Lists
Typical Rents
Typical Vacancy Rate
High Devt. Costs Areas
Local Assistance
Housing Plan
Page 470
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
^ 8094
SECTION A: PROJECT SUMMARY
1. Multi-family rental
Residential hotel
Group home
rental
Mobilehome park
Single family rentals
Ineludes eommercial spaee
Type of tenure:
Total units:
cooperative
Total assisted units:
Percentage of units that are assisted (at least 309^ of total project units):
7r
Total very low-income assisted units:
Percentage of assisted units that are very low-income (at least two thirds of assisted units)
Proposed RHCP loan amount: $
The term of the program regulatory agreement:
regulation subsection 8095(c)( 1 )(B).
years. Note, this answer affects your rating score. Refer to
Specify any proposed limits on occupancy, such as a specific type of tenant population, beyond those required by
RHCP.
9.
If the project includes commercial space, describe:
11.
Provide the names of the state legislators for the site location:
Assembly:
Senate:
Provide the name and phone number of the contact from the local planning department and each of the other
funding sources.
Site location by numbered street address, if determined, or by intersection of cross streets:
at or between and
Page 471
Register 9 1 , Nos. 34 - 39; 9 - 27 - 9 1
§ 8094 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SBCTION B. APPLICANT
1 . The applicant is a (check one):
[ ] individual I ] general partnership
[ ] limited partnership [ ] joint venture
I ] for-profit corporation | | limited equity housing cooperative
[ ] nonprofit corporation [ J Indian reservation or rancheria
I ] public agency [ J other (specify)
a. If applicant is a partnership or joint venture, hst all general partners and attach agreement.
b. Unless applicant is a public agency, attach audited financial statements or unaudited financial statements and tax
returns for the past two years.
If applicant is a partnership, include the requested information for the general partners. If applicant is ajoint ven-
ture, include the requested information for each partner.
c. Attach a resolution authorizing this application, unless the applicant is an individual. (See the attached SAMPLE
RESOLUTION.)
Is any syndication or transfer of ownership to another entity planned prior to occupancy? Yes No
If yes, describe below.
Provide the name of the new ownership entity, if known.
If it is a limited partnership, list the general partners and the entities with which they are affiliated.
3. Attach a list of the applicant's staff assigned to this project, providing their name, job title, job description, resume,
and percentage of time assigned to this project.
4. Attach a list of the key members of the project development team, including the architect, and contractor, if selected.
For each, indicate what their contract or employment status is, and attach a resume or qualifications statement for each.
Attach actual or proposed consultant contracts, which clearly indicate scope of work to be performed.
5. Property management will be performed by:
The applicant or an entity affiliated with the applicant.
A currently identified management firm, under contract to the applicant.
An unidentified management firm, to be under contract to the applicant.
If the applicant plans to manage the project or contract with a currently identified management firm, attach a list of
projects currently under management. Use the following format.
Development name:
Site Address:
Number of units: subsidized: market: total:
Subsidy Program:
Page 472 Register 91, Nos. 34-39; 9-27-91
Title 25 Department of Housing and Community Development Programs ^ 8094
6. For projects limiting occupancy to a specific tenant population:
a. Describe all slate and local licenses required to operate the project, and list the licensing authorities.
b. List below all services to be provided project residents beyond those customarily provided in apartments.
List below expected sources of funds that will be used to support the services identified above. Indicate
for each ( 1 ) the expected funding amount during the first two operating years and ( 2) the name and phone
number offunding source contact person. Ifavailable attach letters ofintent or support from each funding
source listed.
7. For group homes, provide a letter of support for the project from the local public official responsible for services to
the designated tenant population, slating that the project will be an intrinsic part of the locality's established social ser-
vice delivery system.
8a. Development Capacity. Attach a description of rental housing projects similar to the proposed development that the
applicant or project manager has developed, using the format shown below for each project.
The "project manager" may be a staff person or consultant. They must have clear responsibility for day-to-day project
development activities for the proposed project throughout the development period (from proposal to construction
completion).
Applicant or Project Manager roles typically should be one or more of the following: developer, development consul-
tant, or staff for the prior experience indicated. If claiming experience in a staff role, indicate specific responsibilities
and job title.
Applicant/Project Manager Name:
Applicant/Project Manager Role:
Development name: Address:
Number of units: subsidized: market: total:
Subsidy program:
Major construction lender:
Major permanent lender:
Construction completion date: / /
New construction: or Rehabilitation: Building type:
Page 473 Register 91 , Nos. 34 - 39; 9 - 27 - 9 1
§ 8094 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
8b. Ownership Capacity. Attach a description olrental housing developments similar to the proposed development which
the applicant or applicant's stalThas actively owned. ""Actively owned", lor applicants, means serving as the sole own-
er or managing general partner of the ownership entity.
For applicant's staff, "actively owned" means ( ] ) serving as staff responsible for ownership duties (including oversight
of property management) in an organization that actually held title or (2) serving as the sole owner or managing general
partner of the ownership entity.
Applicant/Project Manager Name:
Role:
Development name:
Address:
Number of units:
subsidized:
market:
Subsidy program:
total:
Major construction lender:
Major permanent lender:
Construction completion date: / /
New construction: or Rehabilitation: Building type:
List below any program or financial assistance you have received from HCD.
Program Contract # Amount Date HCD Contact
Briefly describe each program/project your agency is currently implementing.
Page 474 Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
ij 8094
SHCTION C. PROJECT CASH FLOW ANALYSIS
I . Monthly Operating Income
a. Assisted Units (for all projects except group homes):
Assisted i'liils
Bedrooms
Square
' Feel
dross
Moil Rem
Ihilitx
Allowance
Net Monthly
Rent
ft of
Units
Total
Very Lou'-lncomc
SRO
$
$
$
%
Studio
$
$
$
%
1 Bdrm
$
$
$
$
2 Bdrm
$
$
$
$
3 Bdrm
$
$
$
%
4 Bdrm
$
$
$
%
VLI Total
%
Lt)wcr-Incomc
SRO
$
$
$
%
StLidit)
$
$
$
$
1 Bdrm
$
$
$
%
2 Bdrm
3 Bdrm
$
$
$
$
$
-
$
$
$
4 Bdrm
$
$
$
$
LI Total
Assisted Total
$
Page 475
Register 91, Nos. 34-39; 9-27-91
§ 8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Nonassisicd Units (tor all projccis except group homes)
Nonassisted Units
Bedrooms
SqiKirc
Feel
Gross
Moil. Rem
Utditx
Aihnvdiicc
Net Monthly
Rent
#of
Units
Total
Very Low-Income"
SRO
$
$
$
$
Suidio
$
$
$
$
1 Bdrni
$
$
%
$
2 Bdrm
$
$
$
$
3 Bdrm
$
$
$
$
4 Bdrm
$
$
$
$
VLl Total
$
Lower Income*'''
SRO
$
$
$
$
$
$
$
Studio
$
1 Bdrm
$
$
$
$
2 Bdrm
$
$
$
$
$
$
3 Bdrm
$
$
4 Bdrm
$
$
$
$
LI Total
$
Market-Rate
SRO
$
$
$
Studio
$
$
$
1 Bdrm
$
$
$
2 Bdrm
$
$
$
3 Bdrm
$
$
$
4 Bdrm
$
$
$
MR Total
$
Non-assisted Total
$
* Very low-income nonassisted units are units that have long teim rent and occupancy restrictions that equal or exceed
those required by the federal tax-credit program. Allowable rents cannot exceed 30% of 50% of the area median in-
come, less a reasonable utility allowance. The maximum allowable income for a household occupying a unit is also
50%; of the area median income.
** Lower income nonassisted units are units that have long term rent and occupancy restrictions that equal or exceed those
required by the federal tax -credit program. Allowable rents cannot exceed 30%) of 60% of the area median income,
less a reasonable utility allowance. The maximum allowable income for a household occupying a unit is also 60%? of
the area median income. For the purpose of filling out this form only, do not include very low-income nonassisted units
in this category.
Page 476
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Proj:;rams
i^ 8094
For Group Homes Only:
licdnHiiii iypc
Number of
Occupaius
Moiifli/
Per On
■ Rem
upcinl
Inkll
Single Occupancy
s
s
1
Double Occupancy
3>
s
Sialt Occupancy
Total Monthly Rental Income:
s
For Commercial Space:
Space
Di'sii^iiatidi]
SquLire
Feel
Monthly
Rent
Monthly
Suniiarf^e
Total Monthly
Income
-- - -
— —
--
- -
— - — -
_. .
Page 477
Register 91, Nos. 34-39; 9-27-91
§8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Annual Operating Expenses
Provide estimates tor the first full year following initial oeeupancy. On an attaehed sheet, deseribe the basis for
the estimate for eaeh line item. In program-based projects described in A. 8. above, show expenses for all direct
and supportive tenant services in the assisted and nonassisled unit columns.
Ass i Med
NniKissislcd
Coinmcrcial \ Touil
MANAGEMHNT
a. S[X)nsoi" Overhead
-
__
-
-- - — -
b. Coniraet Manaeeinent t^'ee
ADMINISTRATION
a. Marketing
b. Aiidil
e. Legal
-
d. Leases
e. Miseellaneous
f. TOTAL ADMINISTRATION
SPONSOR SALARIES AND BENEFITS
(inelude rent discounts)
a. On-Site or Off-Site Manager
b. Assistant Manager
c. Grounds & Maintenance Personnel
d. Desk Clerks
e. Janitorial Personnel
f. Housekeepers
g. Services Staff
h. Other
i. TOTAL SALARIES AND BENEFITS
MAINTENANCE
a. Supplies
b. Elevator Maintenance
-
,
c. Pest Control
I
d. Grounds Contract
e. Interior Painting & Decorating
f. Other
g. TOTAL MAINTENANCE
UTILITIES NOT PAID BY TENANTS
a. Trash Removal
b. Electricity
c. Water and Sewer
d. Gas
e. TOTAL UTILITIES
INSURANCE
a. Property & Liability Insurance
Page 478
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
$ 8094
A ssistcd
Noiiassisicd
Caiunieiriul
Total
TAXHS
a. Real Hslaie Taxes I
b. Business Liecnse
e. TOTAL TAXES
OTHHR 1
a. Food
b. Support Services
c. Co-op Member Training/Education 1
d. i
e.
1. TOTAL OTHER
TOTAL OPERATING EXPENSES
Page 479
Register 91, Nos. 34-39; 9-27-91
§8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
First Year Cash Flow Analysis
a. Operating Expenses: $
Replacement reserve deposit:
Operating reserve deposit: __
per unit per year
% of unit construction cost (not less than 0.6%)
% of annual operating expenses (approx. 3%)
Maximum possible sponsor distribution (check one):
8% of actual investment on assisted and nonassisted units
Maximum distribution: $
based on actual investment of $
0% of actual investment on assisted units and no limit on nonassisted units (for-profit sponsors
only)
YEAR 1 CASH FLOW ANALYSIS
Assisted
Nonassisted
Commercial
Total
Potential gross rental income
$
$
$
$
Misc. income (laundry, phone,
vol. services charges, etc.)
$
$
$
$
Total potential gross income
$
$
$
$
Vacancy & collection loss %
($ )
($ )
($ )
($
)
Rental subsidies or
program service funds
$
$
$
Effective Gross Income
$
$
$
$
Operating Expenses
(from Section C.2.):
($ )
($ )
($ )
($
)
Net Operating Income (NOI) :
$
$
$
($
)
Reapportioned Net Income**
$
($ )
($ )
$
Replacement reserve deposit:
($ )
($ )
($ )
($
)
Operating reserve deposit:
($ )
($ )
($ )
($
)
Debt service (other loans):
($ )
($ )
($ )
($
)
Cash Flow for Distributions
and RHCP payments
$
$
$
$
Sponsor distributions:
($ )
($ )
($ )
($
)
RHCP interest payments:
($ )
($
)
RHCP interest deferred:
($ )
($
)
■Income from non-assisted units or commercial space used lo subsidize assisted units cash flow. This line must total zero.
Page 480
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
S 8094
SECTION D: DEVELOPMENT BUDGET
Submit your development budget on the following lorm. Do not provide your own spreadsheet as a substitute. Show costs ofsyndica-
lion and developer's fees from syndication proceeds under Section E-2-d of this application. Do not include these costs on this form.
Prorate common area costs that cannot be directly attributed lo each residential or commercial use. based on the gross lloor area ol
each use as a percentage of the total space.
DEVELOPMENT BlIDGE'l
Assisted
Nonassisicd
Coiiinicrcial
loial
1. SITR ACQUISITION COST
2 SlTh VALLit BRYOND COST
3. OFF-SITH IMPROVEMENTS
4. SITE IMPROVEMtiNTS & LANDSCAPING
5. UNIT CONSTRUCTION (including contingency)
6. CONSTRUCTION FEES
a. Local permits & tees
b. Architecture & Engineering tecs
c. Survey
(J. tJond premium
c. Other
CONSTRUCTION FEES SUBTOTAL
7. GENERAL DEVELOPMENT COSTS
a. Construction lender financing tee '7(^
h. Construction loan interest months
@ % on $
Page 481
Register 91, Nos. 34-39; 9-27-91
§8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
DEVELOPMENT BUDGET
Ass is led
Nouassisled
Commercial
Total
c. Real estate taxes
d. Risk/liability insurance
e. Permanent lender financing lees 7f
1. Appraisal fee
g. Legal fees
h. Consultant fees
i. Title & escrow fees
j. Relocation
k. Furnishings
1. Rent-up: marketing
m. Rent-up: vacancy
n. Initial Operating Reserve
0. Post-Construction Audit
p. Other
q. Other
GENERAL DEVELOPMENT COSTS SUBTOTAL
8. ADMINISTRATIVE EXPENSES (DEVELOPMENT
)
9. TOTAL DEVELOPMENT COST
Page 482
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
ij 8(m
SECTION E: PROJECT FINANCING
I . Sources and Uses
Provide spreadsheets wiih a breakdown oldevelopmenl costs listed in the left hand column and the sources of funds spread across
the lop row, in as many columns as necessary. Prepare separate spreadsheets for the construction period and the period when
permanent financing is in place.
In the body of the spreadsheet, show which line items each source will be used to pay. Use RHCP Development Budget Catego-
ries, shown in the following sample, to aggregate costs.
Summarize financing details at the bottom of each column, as appropriate.
•
PROPOSED
USE OF FUNi;)S
USE
TOTALS
RHCP
LOAN
REQUEST
SOURCE 2
SOURCE 3
SOURCE 4
SOURCE 5
SOURCE 6
LINE
TOTALS
SITE ACQUISITION
SITE VALUE
BEYOND COST
OI-F-SITE
IMPROVEMENTS
SITE IMPROVEMENTS
& LANDSCAPING
UNIT
CONSTRUCTION
_._
GENERAL
DEVELOPMENT COSTS
ADMINISTRATIVE
EXPENSES
TOTAL DEVELOPMENT
COSTS
FINANCIAL SUMMARY
— -
LIEN POSITION
LOAN TYPE
TERM
1
ANNUAL RATE
Page 483
Register 91, Nos. 34-39; 9-27-91
§ 8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Sources Descriplions and Documcnlation
In an attachment, provide the inlbrmation requested below for all loans (including RHCP), all grants and all owner contributions
which will be used to pay the project development cost. Include any construction or interim loans. Attach commitment letters
or letters of intent that have been received, or executed prt^missory note and deed of trust if loan is in place.
To receive credit for site value, beyond site acquisition costs. ( J ) list this extra value under questions (b) or (c) below and on
the development budget on page 14, and (2) submit an appraisal of the land in response to question F.4. on page 17.
For Lien Position (Item a-9). indicate by the following coding: 1 = First; 2 = Second; J = Junior; E = Equity; U = Unsecured.
The RHCP loan may be subordinate to institutional lenders, but must be senior to other government liens.
Loans
1. Lender:
Contact:
Phone #: (
2. Loan terms: $
,at
% (fixed rate), amortized over
years, due in
3.
4.
5.
6.
7.
years. ARM loan terms:
Loan Type: amortized; deferred/residual receipts; bridge;^ construction.
Amount of balloon payment, if applicable: $
Debt service: P & I? or interest only?
$ /year.
Status;
proposed;
committed;
payment
funded.
/month.
Lien position:
Grants (including donated land, fee waivers, etc.)
1. Donor: Contact:
Phone: (
3.
Amount: $
Status:
proposed;
Name of program, terms and limitations
committed; owned; funded.
Owner/Managing General Partner Contributions
1. Amount:
2. Sources:
Limited Partner Contributions (Syndication Proceeds)
1 . Gross Syndication Proceeds:
2. Costs of Syndication:
3. Net Syndication Proceeds;
4. Developer's Fee (up to 25% of net):
5. Contribution to Project Costs:
6. Attach a description of how the estimate of gross syndication proceeds was arrived at, the timetable for gross syn-
dication pay-ins and a breakdown of the sponsor's costs of syndication.
Page 484
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
^ 8(m
SECTION F: SITE INFORMATION
I. Size of site; aeres
# of parcels:
The applicant has legally enforceable site control evidenced by one of the following:
fee title land sales contract
option to purchase leasehold interest
disposition & development agreement
Attach complete evidence of site control (all documents comprising the agreement, with signatures by all parties).
If the project is composed of more than one parcel, or there is more than one document provided to evidence site
control, attach a narrative explanation describing clearly each parcel and each document.
Provide a current (no more than six months old) preliminary report. If the applicant is the current owner, the
report should show them as such.
Complete attached LAND SALES COMPARABLES FORM or provide an appraisal of the project site done within
the last 12 months.
5. Approximate distance to:
Schools
Food market
Hospital
Public transportation (specify type)
Park
Pharmacy
Fire department
On a vicinity map. identify the location of the project, the location of the comparable land sales requested in 4 above
and the items listed in 5 above.
7. Is the property in a tlood plain? Yes
No
If yes. explain design features that will mitigate this potential hazard.
8. Describe any adverse site features such as location near an airport, freeway, railroad tracks, industrial facility, etc.
9. Are there any known toxic or hazardous waste problems involving the site? Yes
If yes, attach a description of the problem. Attach a toxics survey if one is available.
No
Page 485
Register 91, Nos. 34-39; 9-27-91
§ 8094 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
10. If the site is not located in an already developed subdivision, are power, water, sewer and telephone services now available lor
this site? Yes No
If yes, attach all utility "will serve" letters that are obtainable. If no, explain how and when you will obtain those services not
available.
Are there any unusual soils conditions? Yes No
If yes, describe the conditions and attach a soils report.
12. Are off-site improvements needed? Yes No
If yes, attach a description of these improvements and the basis for their estimated cost, as shown in the Development Budget
above.
SECTION G: LOCAL GOVERNMENT APPROVALS
1 . Does the project, as proposed, necessitate a zoning change?
Yes, the property is currently zoned
and is expected to receive the necessary zoning by
No. the property already has the necessary zoning, which is
Attach a letter from the local planning department or other evidence of the zoning.
Does the project need a conditional use permit? Yes No
If yes, attach evidence of approval, or describe status of application.
Is subdivision approval required? Yes No
If yes, does project have approval? Yes No
If yes, attach approved tentative map, final map or parcel map. If subdivision approval is required but has not yet
been obtained, what is the current status?
4. Does the project have Article XXXIV approval? Yes No Exempt
If yes, attach evidence from the local government agency. If no, explain current status. If exempt, explain why.
Page 486 Register 91, Nos. 34-39; 9-27-91
Title 25 Department of Housing and Community Development Programs ^ 8094
Attach a copy of a leltcr which has been sent from the apphcant to the head of the local legislative bt)dy of general
jurisdiction (city council, county board, etc.) notifying and describing the location, si/e. and type of proposed project,
and proposed tenant population. Indicate the date that the letter was mailed.
SECTION H: UNIT CONSTRUCTION
Has unit construction started on the project? Yes No
been
If yes. has unit construction in progress been halted, and is the project property currently foreclosed upon, in foreclo-
sure, deeded to a lender in lieu of foreclosure, or at substantial risk of foreclosure? Yes No
If yes. describe status of all actions to date:
Does the project involve the demolition of existing residential rental units? Yes No
If yes. how many residential rental units are to be demolished?
a. If the number of units to be demolished is less than half the number of units to be built, describe the
condition of the units to be demolished and the reasons why they are economically infeasible to rehabilitate.
b. Describe the applicant's plan for providing relocation benefits, whether any relocation units have
identified, who will be supervising and conducting the relocation effort, and related information.
3. Check all of the following amenities that are supplied to the tenants with cost included in the
rent:
linen service furniture
washer/dryer in unit washer/dryer in common area
tot lots playgrounds
barbecue area basketball/volleyball courts
tennis courts parking: spaces/unit
swimming pool other (specify)
4. If the project includes indoor common space for tenant use. describe.
5. Number of structures in the project:
Number of stories per structure:
Elevator: Yes No
Page 487 Register 91, Nos. 34-39; 9-27-91
§ 8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Calculate the square footages of space attributed to each use. Prorate common area costs that cannot be directly
attributed to each use based on the leasable lloor area of each use as a percentage of the total leasable space. See
page 9 for a description of nonassisted low-income residential space.
Leasable assisted residential space:
Indoor common space apportioned to the above:
Total assisted residential space:
Leasable nonassisted low-income residential space:
Indoor common space apportioned to the above:
Total nonassisted low-income residential space:
Leasable nonassisted market-rate residential space:
Indoor common space apportioned to the above:
Total nonassisted market-rate residential space:
Leasable commercial space:
Indoor common space apportioned to the above:
Total commercial space:
Total leasable space:
Total indoor common space:
Total space:
square feet
square feet
square feet (
square feet
square feet
square feet (
square feet
square feet
square feet (
square feet
square feet
square feet (
square feet
square feet
square feet
^ of total space)
% of total space)
% of total space)
% of total space)
(100%
What is the preliminary estimate of unit construction costs (excluding site improvements and landscaping), given
the project timeline?
Assisted
Nonassisted
Commercial
Total
per square foot of gross (including common) space
List the name and phone number of the person who prepared this estimate and describe the method used to
determine the figures.
8. Provide schematic drawings of the siteplan, floor plans and building elevations. What is the current status of the
drawings?
Page 488
Register 91, Nos. 34-39; 9-27-91
Title 25 Department of Housing and Community Development Programs ^ 8094
SECTION 1: PROJECT TIMELINE
1 . Sile acquisition will occur by
2. Local planning approvals will be secured by
3. Construclion/inierim financing will be obtained by
4. Permanent financing will be obtained by
5. Off-site improvements will be completed by
6. Unit construction will begin by (if phased.
indicate liming)
7. Construction will be completed by
8. Initial occupancy will occur by
Page 489 Register 91, Nos. 34-39; 9-27-91
§ 8094 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SECTION J: LOCAL NEED AND LOCAL ASSISTANCE
L The evaluation of local need shall be based upon information gathered by the department or upon data submitted
by the applicant and detemiined to be acceptable by the department. All applicants should answer question (a).
Only answer questions (b) and (c) if you believe that there is a significant error in the department's determination
oi" the area vacancy rate, typical local market-rate rents as a percentage of the area median income, and rental
housing development costs in comparison to costs in other areas of the state (published in the NOFA).
Attach appropriate documentation for each of your answers, clearly indicating the source, the methodology
employed and clearly stating conclusions.
a. Length of wait for units in comparable subsidized housing developments. Provide information on specific
comparable projects, not on area-wide lists.
b. Market-rate rents and vacancy rate for typical units in the area.
c. High rental housing development costs, in comparison to costs in other areas of the state.
Check the applicable statement related to the local public agency's provision of assistance. Financial assistance is
defined as assistance that is equal to at least five percent of the project development cost, excluding any costs of tax-
credit syndication. Nonfinancial assistance includes forms of assistance such as the granting of density bonuses, the
modification of development standards, and the fast tracking of local approvals, but does not include simply the
provision of technical assistance, consultation or advice. Attach documentation supporting the checked statement.
The project has received a commitment for financial or nonfinancial assistance from a local public agency.
The project is eligible for financial or nonfinancial assistance under a local agency program in support of
lower income housing, but has not received a commitment.
None of the above apply.
Page 490 Register 91, Nos, 34-39; 9-27-91
Title 25 Department of Housing and Community Development Programs ^ 8094
For projecis in jurisdiclions with housing elements that are not in procedural or suhstantivc compliance with stale law.
respond to the following question:
a. W the jurisdiction in which the proposed development is located has complied with all procedures re-
quired by Article 10.6. commencing with section 65580. ol" Chapter 3, Division 1 of Title 7 of the Gov-
ernment Code for the department's review of a draft housing element, and if that jurisdiction has adopted
the housing element and submitted it to the department, that jurisdiction will be deemed to be in proce-
dural compliance.
b. If the department has determined in writing that the adopted housing element for the jurisdiction in
which the proposed development is located is in compliance with Article 10.6, commencing with section
65580. of Chapter 3, Division 1 of Title 7 of the Government Code, that jurisdiction will be deemed to be
in substantive compliance.
Docs the jurisdiction in which the project is located have a similar plan or policy fonnally considered by the local
city council or board of supervisors? Yes No
If yes. attach a copy of the plan, or policy.
APPLICANT CERTIFICATION
1 certify that the above and attached information and statements are true, accurate and complete to the best ol
my
knowledce.
(Signature of Authorized Officer/Owner) (Dale)
(Name of Authorized Officer/Owner )
For
(Name of Applicant)
Page 491 Register 91, Nos. 34-39; 9-27-91
§8094
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ATTACHMENT B. I.e.
(Applicanl Letterhead)
SAMPLE RESOLUTION
NOTE: DO NOT COMPLETE IF THE APPLICANT IS AN INDIVIDUAL.
WHEREAS, The State of Cahfornia. Department ol" Housing and Community Development, Division of Communi-
ty
Affairs, has issued a NOTICE OF FUNDING AVAILABILITY UNDER THE RENTAL HOUSING CONSTRUCTION
PROGRAM (RHCP); and
WHEREAS, (Name of Applicant) is a (State type of sponsor — public entity, nonprofit corporation,
for-profit corporation, partnership, etc.), and has apphed for an RHCP loan to develop low- and very low-income rental
housing; and
WHEREAS, (Name and Title of Officer) will act on behalf of (Name of Applicanl) and will sign all necessary
documents required to complete the application and award process.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors (or authorizing body of governmental
entity) of (Name of Applicant) hereby authorizes (Name and Title of Officer) to apply for and accept the loan in an
amount not to exceed $ , and to execute a State of California Standard Agreement, other required State
documents, and any amendments thereto.
DATE:
SIGNED:
(Name and title of person signing)
Page 492
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
§ 8094
ATTACHMENT F.4.
RENTAL HOUSING CONSTRUCTION PROGRAM
LAND SALES COMPARABLES FORM
Insiruclions: Complete only il'sile appraisal is not available from the last 12 months. Show information for three reeenily sold pareels
eomparable to the proposed project site.
/
1
3
Address
Distance trom Projeei Site
■/oning
Total Square Kooiage
Date of Sale
Sale Price
Price Per Square Foot
Access (0 Utility Services
Unusual Site Conditions
Other Remarks
Sotircc:
Completed by
Title
Date
Page 493
Register 95, No. 24; h- 16-95
i^ 8095
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
NOTE; Autlioiitv cited: Section 3077 1.1. Health and Safety Code. Reference: Sec-
tions 50736 and 50771 .1, Health and Safety Code.
History
1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90.
No. 3). A Certificate ot Compliance mu,st be transmitted to OAL within 120
days or einergency language will be repealed by operation of law on 4-30-90.
2. New .section refiled 4-26-90 as an emergency: operative 4-26-90 ( Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. Amendment rel'iled 7-23-90 as an emergency; operative 7-23-90 ( Register 90.
No. 39). A Certificate of Compliance must be transmitted to OAL by 1 1-20-90
or emersencv lancuase will be repealed bv operation of law on the followinii
day.
4. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transnutted to OAL by 12-26-90
or emerijencv lansuaiie will be repealed by operation of law on the followine
day.
5. Amendment refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
9 1 . No. 1 ). A Certificate of Compliance must be transmitted to OAL by 3-18-91
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operative 12-19-90 (Register 91. No. 4j. A Certificate
of Compliance must be transmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1 1-16-90 and 12-19-90 orders transmitted to
OAL 1-4-91; disapproved by OAL 2-4-91 (Register 91, No. 13).
8. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91.
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 6-14-91 order including amendment of form
and repeal of subsection (c) transmitted to OAL 5-15-91 and filed 6-14-91
(Register91,No. 38).
10. Editorial conection adding inadvertently omitted History 7 and renumbering
subsequent History Notes (Register 95. No. 24).
§ 8095. Project Selection.
(a) Projects shall not be eligible forrating and ranking unless the appli-
cation demonstrates that all of the following conditions exist:
(1 ) The applicant is an eligible sponsor pursuant to section 8078;
(2) The project involves an eligible project pursuant to section 8077;
(3) All proposed uses of program funds are eligible pursuant to section
8079;
(4) The application is complete pursuant to section 8094;
(5) The project will maintain fiscal integrity consistent with affordable
rents in the assisted units.
(6) The project site is free from severe adverse environmental condi-
tions, such as the presence of toxic waste that is economically infeasible
to remove, that cannot be mitigated and is reasonably accessible to publ ic
transportafion. shopping, medical services, recreation, schools, and em-
ployment in relation to the needs of the project tenants.
(7) In projects targeting households in need of any direct or supportive
tenant services, the project provides those services suitable to the needs
of the tenants.
(b) Projects shall not be denied funding solely because projected oper-
ating income is insufficient to make interest payments on the program
loan.
(c) Where the application meets the requirements of subdivision (a),
the proposed project will be rated to determine its compliance with the
following priority requirements. The application tnust receive a mini-
mum of 60 percent of the total possible priority points in order to qualify
for funding. Applications receiving 60 percent or more of the total possi-
ble points shall be ranked based on their point scores, with applications
scoring higher receiving a higher ranking. Applications shall be eligible
to receive commitments of available funds in a priority order based on
their ranking. If criterion (2) is not applicable to the proposed project, the
total number of points possible will be reduced by the number of points
in that criterion; and the 60 percent will be calculated on the reduced max-
imum possible points. The maximum score for each of the following
seven criteria is 10:
( 1 ) The extent to which the project maxiinizes program benefits to eli-
gible households with the lowest incomes as evidenced by the following:
(A) The sum of the number of very low-income units and the number
of very low-income nonassisted units, divided by the total number of as-
sisted units.
(B) The proposed length of term of the program regulatory agreement,
in excess of the program's minimum regulatory requirement.
(2) The ntimbei of assisted units with three or inore bedrooms, divided
by the total number of assisted units, (not applicable to residential hotels).
(3) Need, in the area, of the proposed project as approved by the de-
partment for the type of housing provided by the proposed project. The
department shall issue an evaluation of need for market areas within Cali-
fornia based on the criteria listed below. The sponsor in its application
may subinil other or additional information and data to rebut or supple-
ment the department's evaluation with respect to the need within the indi-
vidual project's area. Where the department deterinines that the spon-
sor's data provides a more accurate evaluation of need, it shall base its
rating on such data.
(A) Low vacancy rate for rental housing.
(B) Typical local market-rate rents as a high percentage of the income
limit for very low-incoine households. The income limit for very low-in-
come households is provided in section 6932 pursuant to Health and
Safety Code section 501 05. For example, in Sacrainento County the typi-
cal market-rate rent for a three-bedroom rental is $750, while the month-
ly incoine for a very low-income family of four is $1,562. 50. Such a fam-
ily will pay 48% of their income to rent such a dwelling unit. Since
affordable rent is set at 259f of income pursuant to section 6922 of title
25, 48% of income is high.
(C) Length of wait for units in comparable subsidized housing devel-
opments.
(D) High rental housing development costs, in comparison to costs in
other areas of the state.
(4) The extent to which the proposed project complements the imple-
mentation of an existing housing program in the local agency in which
the proposed project is located. "Local agency'' means the same as de-
fined in section 50077 of the Health and Safety Code. Points shall be allo-
cated based upon the following criteria:
(A) The extent to which the local agency has an existing housing pro-
gram, such as a housing element in compliance with the requirements of
article 10.6. commencing with section 65580, of chapter 3, division 1 of
title 7 of the Government Code, or a similar plan or policy formally con-
sidered by the local city council or board of supervisors. A plan or policy
shall ordinarily be deemed to be similarly based upon the extent to which
it addresses affordable housing issues such as the following: an asses-
sment of need in the area and an inventory of resources and any con-
straints on those resources; a statement of the community's goals, objec-
tives and policies relative to the maintenance, preservation,
improvement and development of housing; a program which sets forth
a schedule of actions which the local government has undertaken, is un-
dertaking and intends to undertake to implement these goals; and a pro-
gram for preserving existing assisted housing developments. Examples
of actions which a local government may have taken, is taking, or may
intend to take in implementing the community's goals, objectives and po-
licies include the following: demonstrated performance in support of the
development of affordable housing: utilization of federal, state, and local
financing and subsidy programs; land use development controls; and
regulatory provisions, concessions and incentives.
(B ) The extent to which the local agency is providing, or could provide,
financial or nonfinancial assistance to the applicant's project. Financial
assistance is defined as assistance that is equal to at least five percent of
the project development cost, excluding any costs of tax-credit syndica-
uon, or $250,000, whichever is less. Nonfinancial assistance includes
forms of assistance such as the granting of density bonuses, the modifica-
tion of development standards, and the fast tracking of local approvals.
Page 494
Register 95, No. 24; 6-16-95
Title 25
Department of Housing and Community Development Programs
^ 8096
but does nol include simply the provisit)n of technical assistance, consul-
tation or advice.
(.'S) The progiam loan amount divided by the sum otthe total develop-
ment cost ol'all assisted units and lower income nonassisted units. Total
development cost does not include any costs of tax-credit syndication.
(6) The degree of the project's economic feasibility, as demonstrated
by the following:
(A) The capacity of the applicant, including its board, staff and any
consultants, as evidenced by previous development and ownership expe-
rience with residential projects and by the applicant's financial, opera-
tional and organizational stability.
(B) The readiness of the project to start construction as evidenced hy
the status of local development approvals and project financing commit-
ments.
(7) The applicant's budget for construction and construction-related
expenses, such as architectural, building permit, and local developinenl
fees, divided by typical costs for the same sized project, as estimated hy
the department.
Maximum possible points 70
Noil- Auihont V cited: Section .S077 i . 1 . Health and Safety Code. Reference: Sec-
tions 5()73,S and .S()77 I.I. Health and Safety Code.
Hl.STOI^Y
1 . Now section filed 1 2-2^-89 as an emergency; operative 1 2-29-89 (Register 90.
No. 3). A Cenifieate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Ceriitleate of Compliance must be transmitted lo OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. Amendment retlled 7-23-90 as an emergency: operative 7-23-90 (Register 90.
No. 39). A Certificate of Compliance must be transmitted to OAL by 1 1-20-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 8-27-90 as an emergency: operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transnutted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
.s. Amendment refiled 1 1-16-90 as an emergency; operative 1 1-16-90 (Register
9 1 . No. 1 ). A Ceriitleate of Compliance must be transmitted to OAL by 3-18-9 1
or emergency language will be repealed by operation of law on the following
day.
6. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section ,^0771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-1 8-9 1 oremergency language
will be repealed by operation of law on the following day.
7. Cenifieate of Compliance as to I 1-16-90 and 1 2- 1 9-90 orders transmitted to
OAL 1-4-91: disapproved by OAL 2-4-91 (Register 91. No. 13).
8. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91.
No. 1 3). A Certificate of Compliance must be transnutted to OAL by 6-17-91
t)r emergencv lansiuage will be repealed bv operation of law on the followina
day.
9. Cenifieate of Compliance as to 6-14-91 order including amendment of subsec-
tions (a) and (c) transmitted to OAL S-l,-s-9l and filed 6-14-91 (Register 91.
No. 38).
10. Hditorial correction of printine errors in subsections (e)(1)(A) and (c)(3)(B)
(Recister9LNo. 46).
Article 4. Program Operations
§ 8096. Legal Documents.
(a) The department shall enter into a Standard Agreement with the
sponsor which shall encumber monies from the fund in an amount suffi-
cient to fund the approved loan atnount. The Standard Agreement shall
contain the following:
( 1 ) A description of the approved project and the permitted uses of pro-
gram funds;
(2) provisions governing the amount and terms of the loan;
{}) provisions regarding the regulatory restrictions to be applied to the
project through the Regulatory Agreement;
(4) provisions governing the construction work and, as applicable, the
acquisition of the project site, and the disbursement of loan proceeds;
(5} special conditions imposed as part of department approval of the
project;
(6) requirements for the execulion and the recordation of the agree-
ments and documents required under the program;
(7) terrns and conditions required by federal or slate law;
(8) requiretnents regarding the establishtnent of escrow accounts for
the deposit of documents and the disbursement of loan proceeds;
(9) remedies available to the department in the event of a \iolation.
breach, or default of the Standard Agreement to ensure compliance with
program requirements for the full term of the Regulatory Agreement, in-
cluding repaytnent of all costs of enforcement;
( 10) other provisions necessary lo ensure compliance with the require-
ments ol' this program.
(b) The department shall enter into a Uevelopmenl Agreement with the
sponsor which shall be executed prior io the disbursement of funds to the
sponsor, govern the performance of the project, and include the follow-
ing:
(1 ) The approved schedule of the project, including land acquisition,
if any, commencement and completion of construction work, and occu-
pancy by eligible households;
(2) provisions ensuring that the construction contract is consistent
with section 8092 and other program requirements and that all financing
agreements are consistent with program requirements;
(3) the approved budget for construction work, land acquisition and
other project costs, if applicable;
(4) provisions relating to fund disbursement;
(5) provisions relating to acquisition agreements, preparation of con-
struction specifications, bidding, awards to contractors, and disburse-
ment of funds to contractors, or others;
(6) requirements for reporting to the department;
(7) terms and conditions for the inspection and monitoring of the proj-
ect in order to verify compliance with the Standard Agreement and this
agreement;
(8) provisions regarding tenant relocation;
(9) bonding and insurance requiretnents consistent with the require-
ments of this subchapter;
(10) conditions constituting breach of the Development Agreement
and remedies available to the parties thereto, including repayment of
costs of enforcement;
(11) a requirement that the contractor coinply with state prevailing
wage law, as set forth in Labor Code section I72()et seq.. where program
funds are provided as construction financing; and
( 1 2) other provisions necessary to ensure compliance with the require-
ments of this program.
(c) The department shall enter into a Regulatory Agreement with the
sponsor for not less than the original term o( the loan which shall he re-
corded against the project property prior to the dishur.sement of funds.
The Regulatory Agreement shall include the following;
(1 ) designation of the number and type of assisted units pursuant to
section 8086;
(2) standards for tenant selection pursuant to section 8087(a);
(3) provisions regulating the terms of the rental agreement pursuant to
section 8087(c);
(4) provisions related to an annual budget approved by the department
pursuant to section 8102;
(5) provisions related to a management plan pursuant to section 8 100;
(6) provisions related to a rent schedule, including initial rent levels for
assisted and nonassisted units pursuant to section 8088(a);
(7) conditions and procedures for permitting rent increases pursuant
to section 8088(b);
(8) provisions for Hmitations on distributions pursuant to .section
8089;
(9) provision requiring annual reports, inspections and audits pursuant
to section 8101;
(10) provisions regarding the withdrawal of funds from reserve ac-
counts and additional payments by the department;
Page 495
Register 95, No. 24; 6- 1 6-95
§8097
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(11) assurances that sponsor will maintain the rental housiiig develop-
ment in a safe and sanitary condition in compliance with state and local
housing codes and the management plan pursuant to section 8100;
(12) conditions constituting breach of the Regulatory Agreement and
remedies available to the parties thereto;
(13) provisions governing use and operation of nonassisted units and
common areas to the extent necessary to ensure compliance with pro-
gram requirements;
(14) provisions authorizing enforcement of program requirements by
tenants:
( 15) special conditions of loan approval imposed by the department;
(16) provisions specifying that the Regulatory Agreement shall be
binding on all assigns and successors in interest of the sponsor and that
all sales, transfers, and encumbrances shall be subject to section 8099;
and
( 17) other provisions necessary to assure compliance with the require-
ments of the program.
(d) All loans shall be evidenced by a promissory note payable to the
department in the principal amount of the loan and stating the terms of
the loan consistent with the requirements of the program. The note shall
be secured by a deed of trust on the project property naming the depart-
ment as beneficiary or by other security acceptable to the department; this
deed of trust or other security shall be recorded junior only to such liens,
encumbrances and other matters of record approved by the department
and shall secure the department's financial interest in the project and the
performance of sponsor's program obligations.
NOTE: Authority cited: Section 50771 , 1 , Health and Safety Code. Reference: Sec-
tions 5077 1 . 1 and 53 130, Health and Safety Code.
History
1 . New section filed 1 2-29-89 as an emergency; operative 1 2-29-89 (Register 90,
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section retlled 4-26-90 as an emergency: operative 4-26-90 ( Register 90.
No. 23). A Ceniticate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No, 42), A Certificate of Compliance must be transiiutted to OAL by 12-26-90
or emergency language will be repealed by operation of bw= on the following
day.
4. New section refiled 12-19-90 as an emersency pursuant to Health and Safely
Code section 50771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-18-91 oremergeney language
will be repealed by operation of law on the following day.
5. Certillcate of Cotiipliance as to 12-19-90 order transmitted to OAL 1-4-91;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register91.
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-91 order including amendment of subsec-
tions (a)and (b) transmitted to OAL 5-15-91 and filed 6-14-91 (Register91,
No. 38).
§ 8097. Disbursement of Loan Funds.
(a) The sponsor shall request funds from the department for actual ex-
penditures in accordance with the schedule and the authorized amounts
in the approved project budget in the Developmeiit Agreement. The in-
formation on any request for funds shall be subject to verification by the
department. Requests shall be made on form HCD 810. "Request for
Funds." 12/89. as set forth in subsection (b). This form is provided by the
department.
(b) Text of form HCD 810. "'Request for Funds," dated 12/89:
Page 496
Register 95, No. 24; 6-16-95
Title 25
Department of Housing and Community Development Programs
^ 8097
RENTAL HOUSING CONSTRUCTION PROGRAM
REQUEST FOR FUNDS #
HC13 810. 12/xy
1. BORROWER (Payee):
2. ADDRESS:
3. CONTRACT NUMBER:
4.
APPROVED
LOAN AMOUNT
AMOUNT PER
THLS REQUEST
PREVIOUSLY
APPROVED
TOTAL
AMOUNT
BALANCE
$
5. USE OF FUNDS REQUESTED: (Specify line items per Development Agreement Budget.
$
6. DRAW CHECK IN TOTAL AMOUNT OF: $
7. SEND CHECK TO: Department ot" Housing and Community Development
Accounting Office
P.O. Box 952050
Sacramento, CA 94252-2050
8. CERTIFICATION: L the undersigned, do hereby certify that (1) the funds requested above will be used only in accor-
dance with the above numbered State Standard Agreement and the Development Agreement entered into pursuant to
this Standard Agreement, and only for eligible costs, as specified in the RHCP regulations; and (2) the Borrower and
the project are in full compliance with the Standard Agreement, the Development Agreement, and all other agreements
by and between the Borrower and the Department of Housing and Community Development entered into pursuant
to the Standard Agreement.
Sicned:
Title:
Date:
DO NOT WRITE BELOW THIS LINE
The work performed for which this request for disbursement is presented is in accordance with all provisions of Contract Number
between and the Department of Housing and Community Development, and is
hereby approved for payment.
Proiiram Manager:
Date:
Page 496.1
Register 91, No, 46; 1 1 - 15-91
§8098
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) Prior to the disbursement of funds, the sponsor shall provide or ex-
ecute all required documents which the department determines are neces-
sary to verily the claimed expenditure.
(d) The department may enter into agreements with other lenders or
public or private entities to disburse funds and monitor construction and
may make direct payments to such third party contractors on behalf of
sponsors.
(e)( I ) If a sponsor is a nonprofit corporation or a government entity,
the department may disburse an initial advance payment subject to the
following conditions:
(A) any required documents are executed by the sponsor;
(B) the sponsor is in compliance with all applicable conditions for the
advance of funds;
(C) the sponsor submits a "Request for Funds'"; and
(D) the sponsor certifies that it does not have adequate funds to com-
mence the project.
(2) The advance payment shall not exceed 25 percent of the approved
administrative costs.
(3) All disbursements subject to the initial advance shall be made only
to pay for actual eligible costs incurred.
NOTH: Authority cited: Section 5077 1 .] , Health and Safety Code. Reference: Sec-
lion 5077 1.1, Health and Safely Code.
History
1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90,
No. .1). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section rellled 4-26-90 as an emergency; operative 4-26-90 (Register 90,
No. 2.1). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operative 12-19-90 (Register91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-1 8-9 1 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91 ;
disapproved by OAL 2-^-91 (Register 91 , No. 1 3).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. CeilificateofCompliance as to 6-14-91 order including amendment of sub.sec-
tions (a) and (b) transmitted to OAL .5-15-91 and filed 6-14-91 (Reeister 91.
No. 38).
§ 8098. Sales, Transfers, and Encumbrances.
(a) A sponsor shall not sell, assign, transfer, or convey the rental hous-
ing development, or any interest therein or portion thereof, without the
express prior written approval of the department. A sale, transfer or con-
veyance shall be approved only if all of the following requirements are
met:
( 1 ) the existing sponsor is in compliance with the Regulatory Agree-
ment or the sale, transfer or conveyance will result in the cure of any ex-
isting violations;
(2) the successor-in-interest to the sponsor agrees to assume all obli-
gations of the existing sponsor pursuant to the Regulatory Agreement
and this program;
(3) the successor-in-interest is an eligible sponsor and demonstrates
to the department's satisfaction that it can successfully own and operate
the rental housing development and comply with all program require-
ments; and
(4) no terms of the sale, transfer, or conveyance jeopardize either the
department's security or the successor's ability to comply with all pro-
gram requirements.
(b) The department shall grant its approval of such sale, assignment,
transfer, or conveyance subject to such terms and conditions as may be
necessary to preserve or establish the fiscal integrity of the project. Such
conditions shall include:
( 1 ) the deposit of sales proceeds, or a portion thereof, to maintain re-
quired reserves, or to offset negative cash flow;
(2) the recapture of syndication proceeds or other fimds in accordance
with special conditions included in the Standard Agreement or any other
agreement executed by the sponsor;
(3 ) such conditions as may be necessary to ensure compliance with the
program requirements.
(c) The sponsor shall not encumber, pledge, or hypothecate the rental
housing development, or any interest therein or portion thereof, or allow
any lien, charge, or as.sessment against the rental housing development
without the prior written approval of the department. The department
may permit refinancing of existing liens or additional financing secured
by the rental housing development to the extent necessary to maintain or
improve the fiscal integrity of the project, to maintain affordable rents,
or to decrease rents.
NOTK; Authority cited: Section 5077 1.1. Health and Safety Code. Reference: Sec-
tion 50771.1. Health and Safety Code.
History
1 . New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4- .30-90.
2. New .section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 ( Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1^-91 ;
disapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate ofCompliance as to 6-14-91 order including amendment of subsec-
fion (b) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No. 38).
§ 8099. Defaults and Loan Cancellations.
(a) In the event of a breach or violation by the sponsor of any of the
provisions of the Regulatory Agreement, the Standard Agreement, the
Development Agreement, the promissory note, or the deed of trust, or
any other agreement pertaining to the project, the department may give
written notice to the sponsor to cure the breach or violation within a peri-
od of not less than 15 days. If the breach or violation is not cured to the
satisfaction of the department within the specified time period, the de-
partment, at its option, may declare a default under the relevant document
and may seek legal remedies for the default including the following;
( 1 ) The department inay accelerate all amounts, including outstanding
principal and interest, due under the loan and demand immediate repay-
ment thereof Upon a failure to repay such accelerated amount in full, the
department may proceed with a foreclosure in accordance with the provi-
sions of the deed of trust and state law regarding foreclosures.
(2) The department may seek, in a court of competent jurisdiction, an
order for specific performance of the defaulted obligation or the appoint-
ment of a receiver to complete the project or operate the rental housing
development in accordance with program requirements.
(3) The department may seek such other remedies as may he available
under the relevant agreeinent or any law.
(b) In the event that the breach or violation involves charging tenants
rent or other charges in excess of those permitted under the Regulatory
Agreement, the department may demand the return of such excess rents
or other charges to the affected households. In any action to enforce the
provisions of the Regulatory Agreement, the department may seek as ad-
ditional remedy, the repayment of such overcharges.
(c) Loan cominitments may be canceled by the department under any
of the following conditions:
(1) the objectives and requirements of the program cannot be met;
(2) implementation cannot proceed in a timely fashion in accordance
with the approved plans and schedules;
Page 496.2
Register 91, No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
(^8101
(3) special conditions have not been fuirilied within required time peri-
ods:
(4) tiie construction wori< has not commenced within one year ot the
date ol' loan approval;
(5) there has been a material change in the principals or management
ol the sponsor or project, which was not approved by the department.
The deparlmenl, in writing and upon demonstration by the sponsor of
good cause, may extend the date lor compliance with any ol the condi-
tions in this subdivision.
(d) Dpon receipt ol'a notice ofintenl to cancel the loan from the depart-
ment, the sponsor shall have the right to appeal to the Director.
(e) The department may use amounts available in the fund pursuant to
section 8IO.^(b) for the purpose of curing, or avoiding, a sponsor's de-
faults on the terms of any loan or other obligation which Jeopardize com-
pletion of construction, the fiscal integrity of a project or the depart-
ment's security in the project. Such defaults include defauhs or
impending defaults in payments on mortgages, failures to pay taxes, or
failures to maintain insurance or required operating reserves. The pay-
ment or advance of funds by the department pursuant to this subdivision
shall be solely within the discretion of the department and no sponsor
shall be entitled to or have any right to payment of these funds. All funds
so advanced shall be part of the program loan to the sponsor and. upon
demand, due and payable to the department. Where it becomes necessary
to use the fund for the purpose of assisting a project to avoid threatened
defaults or foreclosures, the department shall take those actions neces-
sary, including, but not limited to. foreclosure or forced sale of the project
property, to prevent similar occurrences and insure compliance with the
terms of the applicable agreements.
Not B: Authorit V cited; Section .s077 1.1. Health and Safety Code. Reference: Sec-
tion 50771.1. Health and Safety Code.
HiSIORY
1 . New section filed 1 2-29-89 as an emergency: operative 12-29-89 (Register 90.
No. ?■). A Certificate of Compliance must he transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-.10-90.
2. New section refded 4-26-90 as an emergency: operative 4-26-90 (Register 90,
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency: operative 8-27-90 (Register 90,
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergencv pursuant to Health and Safetv
Code section ,S()771 .3; operative 12-19-90 (Register 91, No. 4). A Certificate
of Compliance must be transmitted loOAL by 4-18-91 oremergency language
will be repealed by operation of law on the following day.
,s. Certificate ot Compliance as to 12-19-90 order transmitted to OAL 1-4-91:
disapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register91.
No. 1 3). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6- 1 4-9 1 order inckidins amendment of subsec-
tion (e) transmitted to OAL 5-15-91 and filed 6-14-91 (Register 91, No. 38).
§ 8100. Management and Maintenance.
(a) The sponsor shall be responsible for all management functions of
the rental housing development including selection of the tenants, annual
recerlificalion of household income and size, evictions, and collection of
rent.
(b) The sponsor is responsible for all repair and maintenance functions
of the rental housing development, including ordinary maintenance and
replacement ol' capital items. The sponsor shall maintain residential
units, commercial space and common areas in accordance with local
health, building, and housing codes and the management plan.
(c) The sponsor, with the prior approval of the department, may con-
tract with a management agent for the performance of the .services or du-
ties required in subdivisions (a) and (b). However, such an arrangement
does not relieve the sponsor of responsibility for proper performance of
these duties. Such contract shall be subject to Department approval and
contain a provision allowing the sponsor to terminate the contract upon
thirty days" notice. The sponsor shall terminate said contract as directed
by the department upon determination that management does not comply
with program requirements.
(d) The sponsor shall develop a management plan subject to depart-
ment approval prior to loan closing. The plan shall he consistent with this
subchapter and shall include the following:
( 1 ) the role and responsibility oi the sponsor and its delegation of au-
thority, if any. to the managing agent:
(2) personnel policy and staffing arrangements;
(3) plans and procedures for publicizing and achieving early and con-
tinued occupancy;
(4) procedures for determining tenant eligibility and for certifying and
annually recertifying household income and size:
{5) plans for carrying out an effective maintenance and repair pix)-
gram;
(6) rent collection policies and procedures;
(7) program for maintaining adequate accounting records and
handling necessary forms and vouchers;
(8) plans for enhancing tenant-management relations;
(9) management agreement, if any;
( 10) description of direct or stipportive tenant services, if any;
(11) provisions for periodic update of management plan;
(12) for limited equity housing cooperatives, plans for board and
member training and education;
(13) appeal and grievance procedures;
(14) plans for collections for tenant-caused damages;
( 15) plans for processing evictions and termination; and
(16) equal opportunity provisions that apply to hiring and renting.
NOTE: Authority cited: Section 5077 1.1. Health and Safety Code. Reference: .Sec-
tions 50736 and ,50771.1. Health and Safety Code.
HlSTOI^Y
1 . New section filed 12-29-89 as an emergency: operative 1 2-29-89 (Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 ( Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 ( Register 90,
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safetv
Code secfion 50771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-1 8-9 1 oremergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4- 91 :
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-9 1 as an emergency; operative 2-20-9 1 ( Register 9 1 ,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
oremergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-91 order including amendment t)f subsec-
tion (d) transmitted to OAL 5-15-91 and filed 6-J4-91 (Register 91. No. 38).
8. Editorial conection of printing error in subsection (c) (Register 91. No. 46).
§8101. Reporting.
(a) No later than 90 days after the end of each fiscal year, the sponsor
shall report to the department on form HCD 820, "RHCP Annual Spon-
sor Certification," 12/89, as .set forth in subsection (c). This form is pro-
vided by the department.
(b) As part of the annual report, the sponsor shall submit an audit of
the rental housing development prepared in accordance with generally
accepted auditing standards by a certified public accountant. Upon a de-
termination that the cost of meeting this requirement exceeds the poten-
tial benefits from it to the department and to the tenants of the rental hous-
ing development, the departtnent shall:
(1) reduce the required frequency of the audit;
(2) accept an audited financial statement in lieu of the audit; or
(3) waive this requirement completely.
(c) Copy of form HCD 820. "RHCP Annual Sponsor Certification."
dated 12/89:
Page 496.3
Register 91 , No. 46; 1 1 - 1 5 - 9 1
§8101 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
HCD 820, 1 2/89
RHCP ANNUAL SPONSOR CERTIFICATION
FISCAL YEAR
Contract:
Development name:
Sponsor:
The sponsor must send the Audit and Sponsor Certification to HCD within ninety (90) days after the
fiscal year ends. Send one copy of the Audit and Sponsor Certification with original signatures, plus
an additional copy of the Sponsor Certification.
Check here for forms included:
RHCP Annual Sponsor Certification (all projects) Page 1
Report of Actual Income (all projects) Page 2
Report of Actual Expenses (all projects) Page 3 and 4
Calculation of Assisted Unit Expenses (all projects) Page 5 and 6
Calculation of Commercial Space Expenses (with commercial
space only projects) Page 7 and 8
Uses of Net Operating Income (all projects) Page 9
Report of RHCP Loan Payment Balances (all projects) Page 10
Report of Vacancy Loss and Uncollectible Rents (all projects) Page 1 1
Report on Replacement Reserve Account (all projects) Page 12
Report on Operating Reserve Account (all projects) Page 13
Sponsor Certification
It is hereby certified that all of the representations made by the Sponsor in the Regulatory Agreement
and the financial disclosures contained in this report are true and correct, and that there is not any condi-
tion, event, or act which would constitute an event of default thereunder, or which with notice, passage
of time, or both, would constitute such an event of default.
Sponsor
Signature
Title Date
Page 496.4 Register 91, No. 46; 11-15-91
Title 25
Department of Housing and Community Development Programs
$8101
REPORT OF ACTUAL INCOME
FISCAL YEAR
Contract:
Units — Assisted/Total:
Development name:
Prepared by:
Assisted Units:
1 . Net Rental Ineonie
2. Prorated Interest Income
3. Prorated Laundry Income
4. Resident Collections
5. Operating Reserve Withdrawals
6. Prorated Other Project Income
7. Subtotal Income — Assisted Units
8. Uncollectihie Rents
9. Uncollectible Resident Damage
10. Total Income — Assisted Units
BUDGET {A}
ACTUAL (B)
HCD AFFROVIiDlC)
,
-
Nonassisted Units:
1 1 . Sponsor Contributions
12. Net Rental Income
1.1. Prorated Interest Income
14. Prorated Laundry Income
15. Resident Collections
16. Operating Reserve Withdrawals
17. Prorated Other Project Income
1 8. Subtotal Income — Nonassisted Units
19. Uncollectible Rents
20. Uncollectible Resident Damage
2 1 . Total Income — Nonassisted Units
22. Commercial Income
2^. Total Project Income
Page 496.5
Register 91, Nos. 34-39; 9-27-91
§8101
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
REPORT OF ACTUAL EXPENSES
FISCAL YEAR
Con trad:
Units — Assisted/Total:
Development name:
Prepared by:
ACCOUNT NAME
J'OTAL EXPENSES
MANAGEMENT FEE:
1 . Spt)nsor Overhead
2. Contract Management Pee
3. TOTAL MANAGEMENT FEES:
BUDGET (A)
ACTUAE(B)
HCD APPROVED (C)
ADMINISTRATION:
4. Marketing
5. Audit
6. Legal
7. Misc. Administrative Expenses
8. TOTAL ADMINISTRATION:
SALARIES:
9. On-Site or Off-Site Manager
10. Assistant Manager
1 1 . Grounds and Maintenance Personnel
12. Desk Clerks
13. Janitorial Personnel
14. Housekeepers
15. Services Staff
16. Other
17. TOTAL SALARIES:
MAINTENANCE:
18. Supplies
19. Elevator Maintenance
20. Pest Control
21. Grounds Contracts
22. Interior Painting and Decorating
^3. Other
24. TOTAL MAINTENANCE:
UTILITIES:
25. Trash Removal
26. Electricity
27. Water and Sewer
28. Gas
29. HCD Use Only
30. TOTAL UTILITIES:
INSURANCE:
31 . Properly & Liability Insurance
32. TOTAL INSURANCE:
TAXES:
33. Real Estate Taxes/PILOTS
34. Business License
35. TOTAL TAXES:
Page 496.6
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
^HUH
REPORT OF ACTUAL EXPENSES
FISCAL YEAR
Conlracl:
ACCOUNT NAME
rOTAL EXPENSES
OTHER:
36. Food
37. Support Services
38. Co-op Member Training/Education
34
BUDGET (A)
ACTUAL (B)
HCD APPROVED <C)
-- - -
40
41. TOTAL OTHHR:
42. SUBTOTAL OPLRATING EXPENSES;
DEPOSITS TO RESERVE ACCOUNTS:
43. Replacement Reserve
44. Operating Reserve
45. TOTAL DEPOSITS TO RESERVE ACCOUNTS:
FINANCIAL EXPENSES (NON-RHCP):
46. Debt Service ( 1st)
47. Debt Service (2nd)
4X Other
49. Other
SO Other
.SL TOTAL FINANCIAL EXPENSES:
DISTRIBUTIONS:
52. Distributions
53. TOTAL EXPENSES:
Page 496.7
Register 91, Nos. 34-39; 9-27-91
§ 8101
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Contiact:
Units — Assisted/Tolal:
CALCULATION OF ASSLSTED UNIT EXPENSES
FISCAL YEAR
Developinenl name;
Prepaied by:
ACCOUNT NAME
ASSISTED EXPENSES
MANAGEMENT FEE:
1 . Sponsor Overhead
2. Contraci Management Fee
3. TOTAL MANAGEMENT FEES:
TOTAL ACTUAL
EXPENSES (D)
APPROVED
PRORATION
FACTOR IE)
ASSISTED UNIT
ACTUALS (F)
ASSISTED UNIT
BUDGET IG)
ADMINISTRATION:
4. Marketing
5. Audit
6. Legal
7. Misc. Administrative Expenses
8. TOTAL ADMINISTRATION:
SALARIES:
9. On-Site or Off-Site Manager
10. Assistant Manager
1 1 . Grounds and Maintenance Personnel
12. Desk Clerks
13. Janitorial Personnel
14. Flousekeepers
15. Services Staff
16 Other
17. TOTAL SALARIES:
MAINTENANCE:
18. Supplies
19. Elevator Maintenance
20. Pest Control
2 1 . Grounds Contracts
22. Interior Painting and Decorating
"»3 Other
24. TOTAL MAINTENANCE:
UTILITIES:
25. Trash Removal
26. Electricity
27. Water and Sewer
28. Gas
29. HCD Use Only
.30. TOTAL UTILITIES:
INSURANCE:
31 . Property & Liability Insurance
32. TOTAL INSURANCE:
TAXES:
33. Real Estate Taxes/PILOTS
34. Business License
35. TOTAL TAXES:
Page 496.8
Register 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
^Hun
CALCULATION OF ASSISTED UNIT EXPENSES
FISCAL YEAR
Conlract:
ACCOUNT NAMi:
A SSISTED EXPENSES
OTHRR:
36. Hood
37. Support Services
3S. Co-op Member Training/tidiication
39
TOTAL ACTUAL
EXPENSES iD)
APPROVED
PRORATION
E ACTOR (E)
ASSLSTED UNLE
ACTUALS {E)
ASSLSTED UNLL
BUDGET IG)
41)
41. TOTAL OTHHR:
42. SUBTOTAL OPERATING hXPBNSES:
DHPOSITS TO RHSHRVE ACCOUNTS:
43. Replacement Reserve
44. Operating Reserve
45. TOTAL RESERVES:
^ - --
FINANCIAL EXPENSES (NON-RHCP):
46. Debt Service (1st)
47. Debt Service (2nd)
48. Other
49 Other
^iO Other
31. TOTAL FINANCIAL EXPENSES:
DISTRIBUTIONS:
52. Distributions
53. TOTAL EXPENSES:
Page 496.9
Register 91, Nos. 34-39; 9-27-91
§8101
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Contract:
Units — Assisted/Total:
CALCULATION OF COMMERCIAL SPACE EXPENSES
FISCAL YEAR
Development name:
Prepared by:
ACCOUNT NAME
COMMERCIAL SPACE EXPENSES
rOTAL ACTUAL
EXPENSES (D)
APPROVED
PROIIVLION
E ACTOR (E)
COMMERCIAL
SPACE
ACTUALS (E)
COMMERCIAL SPACE
BUDGET (G)
MANAGEMENT FEE:
1 . Sponsor Overhead
2. Contract Manaeemenl Fee
3. TOTAL MANAGEMENT FEES:
ADMINISTRATION:
4. Marketing
."S. Audit
6. Legal
7. Misc. Administrative Expenses
8. TOTAL ADMINISTRATION:
SALARIES:
9. On-Site or Off-Site Manager
10. Assistant Manager
11. Grounds and Maintenance Personnel
12. Desk Clerks
13. Janitorial Personnel
14. Housekeepers
15. Services Staff
16. Other
17. TOTAL SALARIES:
MAINTENANCE:
18. Supplies
19. Elevator Maintenance
20. Pest Control
^1 Grounds Contracts
22. Interior Painting and Decorating
73 Other
24. TOTAL MAINTENANCE:
UTILITIES:
25. Trash Removal
26. Electricity
27. Water and Sewer
28. Gas
29. HCD Use Only
30. TOTAL UTILITIES:
INSURANCE:
31 . Property & Liability Insurance
32. TOTAL INSURANCE:
TAXES:
33. Real Estate Taxes/PILOTS
34. Business License
35. TOTAL TAXES:
Page 496.10
nster 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
iJSlOl
CALCULATION OF COMMERCIAL SPACE EXPENSES
FISCAL YEAR
Con trad;
•
ACCOUNT NAME
COMMERCIAL SPACE EXPENSES
OTHhR:
36. Food
37. Siippon Services
38. Co-op Member Training/Kducation
39
TOTAL ACTUAL
EXPENSES (D)
APPROVED
PROR/VLION
E ACTOR (E)
COMMERCIAL
SPACE
ACTUALS IE)
COMMERCIAL SPACE
BUDGET (G)
40
41. TOTAL OTHHR:
42. SUBTOTAL OPLRATING LXPENSES:
DEPOSITS TO RHSERVE ACCOUNTS:
43. Replacement Reserve
44. Operating Reserve
45. TOTAL RESERVES.
FINANCIAL EXPENSES (NON-RHCP):
46. Debt Service (1 SI)
47. Debt Service (2nd)
4X Other
49 Other
50 f)th.-r
3L TOTAL FINANCIAL EXPENSES:
DISTRIBUTIONS:
52. Distributions
S3. TOTAL EXPENSES:
Page 496.11
Register 91, Nos. 34-39; 9-27-91
§8101
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Contract:
Units — Assisted/Total:
USES OF NET OPERATING INCOME
FISCAL YEAR
Development name:
Prepared by:
ASSISTED
UNITS
NO N ASSISTED
UNITS
RESIDENTIAL
TOTAL
COMMERCIAL
SPACE
1. Actual Income
2. Approved Budgeted Operating Iixpenses
3. Actual Operating Expenses
4. Lesser of Line 2 or 3
5. Net Operating Income
6. Deposits to Reserve Accounts
7. Financial Expenses
8. Sponsor Distributions
9. RHCP Interest Payments
1 0. RHCP Principal Payments
1 1 . Sponsor Incentive Payments
12. Amount to Deposit in HCD Emergency Reserve Fund
REPORT OF RHCP LOAN PAYMENT BALANCES
FISCAL YEAR
•
Contract:
Units — Assisted/Total:
Development name:
Prepared by:
AMOUNT
1. Original Principal Amount
2. Total Principal Paid in Previous Years
3. Principal Paid in This Fiscal Year
4. Outstanding Principal Balance
5. Total Interest Due in Previous Years
6. Interest Due in This Fiscal Year
7. Total Interest Due
8. Total Interest Paid in Previous Years
9. Interest Paid in This Fiscal Year
10. Total Interest Paid
1 1 . Outstanding Interest Balance
•
Page 496.12
?ster 91, Nos. 34-39; 9-27-91
Title 25
Department of Housing and Community Development Programs
!^81(n
Con trad:
Units — Assisted/Total:
REPORT OF VACANCY LOSS AND UNCOLLECTIBLE RENTS
FLSCAL YEAR
Development name:
Prepared by:
PROPOSED (A)
APPROVED IB)
Assislcd Ihiiis:
1. Rcn( Loss Due lo Vacancy
2. Llncollcclible Rcnls
3. Total Rem Loss — Assisted Units
Nonassistcd Units:
4. Rent Loss Due to Vaca/icy
5. Uncollectible Rents
6. Total Rent Loss — Nonassisted Units
Coiiimeicial Space:
4. Rem Loss Due to Vacancy
5. Uncollectible Rents
6. Total Rent Loss — Commercial Space
"' \
7. TOTAL PROJhXT RLNT LOSS
!
Contrael:
Units — Assisted/Total:
REPORT OF REPLACEMENT RESERVE ACCOUNT
FISCAL YEAR
Development name:
Prepared by:
1.
3.
4.
PROPOSED (A)
APPROVED (B)
Beginning Balance
[deposits
Withdrawals
Lnding Balance
5.
6,
Summary Withdrawals
TOTAL WITHDRAWALS
FOOTNOTHS;
Page 496.13
Register 92, Nos. 15-17; 4-24-92
§8101
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Contract:
Units — Assisted/Total:
REPORT ON OPERATING RESERVE ACCOUNT
FISCAL YEAR
Development name:
Prepared by:
PROPOSED (A)
APPROVED (B)
1.
3.
4.
Beginning Balance
Deposits
Wittidrawals
Ending Balance
3.
6.
Summary of Withdrawals
TOTAL WITHDRAWALS
FOOTNOTES:
NOTE: Authority cited: Section 3077 1 . 1 , Health and Safety Code. Reference: Sec-
tion 50771.1, Health and Safety Code.
History
1 . New section filed 12-29-89 as an emergency; operative 1 2-29-89 (Register 90.
No. 3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 23). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safety
Code section 50771.3; operative 12-19-90 (Register 91. No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-18-91 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-19-90 order transmitted to OAL 1-4-91 ;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register 91,
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificateof Compliance as to 6-1 4-91 orderincludingamendment of subsec-
tions (a) and (c) and form transmitted to OAL 5-15-91 and filed 6-14-91 (Reg-
ister 91, No. 38).
Page 496.14
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8110
v^8102. Operating Budget.
iA) Prior lo loan closing, tiic sponsor shall provide the deparlmenl an
initial operating hudgcl lor its approval. Such budget shall show all antic-
ipated income, expenses for managemenl. operations, and mainlenance.
debt service and reserve deposits for the initial operating year.
(b) Sixty days prior to the end ofeach fiscal year, the sponsor shall sub-
mil 10 the department a proposed operating budget lor its approval. The
proposed operating budget shall set forth the sponsor's estimate of the
projecl's operating income, operating expenses, debt service for Uie up-
coming year, and any proposed rent increases pursuant to section 8088.
(c) The initial and subsequent proposed operating budgets shall be
subject to the approval of the department based on its determination that
the budge! line items are reasonable and necessary in light of costs for
comparable rental housing developments and prior year budgets. Actual
expenditures in excess of the approved budget amount shall be subject
to department approval.
(d) The initial operating budget and subsequent proposed operating
budgets shall include periodic deposits to:
( 1 ) A replacement reserve account for capital improvements such as
replacing structural elements, furniture, fixtures, or equipment of the
rental housing development which are reasonably required to preserve
the project; and
(2) an operating reserve account in an amount sufficient to offset po-
tential operating shortfalls.
(e) Upon initial occupancy, the amount in the operating reserve ac-
count shall be at least one percent of total project development costs.
(0 For projects with nonassisted units or commercial space, all bud-
gets submitted pursuant to this section shall show income and uses of in-
come allocated among assisted units, nonassisted units, and commercial
space. The allocation method used for each budget line item shall be sub-
ject to department approval, and shall apportion income and expenses in
a manner that accurately reflects the particular physical, operational and
economic characteristics of the project,
Noit; Authority cited: Section 50771 . 1 . Health and Safetv Code. Reference: Sec-
tion .5077 1.1. Health and Safety Code.
History
1. New section filed 12-29-89 as an emergency; operative J 2-29-89 (Register 90.
No. ?<). A Cerlitieate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 4-30-90.
2. New section refded 4-26-90 as an emergency; operative 4-26-90 (Register 90.
No. 2.3). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law on 8-24-90.
^. New section refiled 8-27-90 as an emergency; operative 8-27-90 (Register 90,
No. 42). A Ceilificate of Compliance must be transmitted to OAL by 12-26-90
or emergency language will be repealed by operation of law on the following
day.
4. New section refiled 12-19-90 as an emersencv pursuant to Health and Safetv
Code section .S()77l.3; operative 12-19-90 (Register 91, No. 4). A Cenitlcatc
of Compliance must be transmitted to OAL by 4-18-9 1 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as lo 12-19-90 order transmitted to OAL 1^^-91 ;
disapproved by OAL 2-4-91 (Register 91. No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-91 (Register9f .
No. 13). A Certificate of Compliance must be transmitted to OAL by 6-17-91
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 6-14-9 1 order includins amendment of subsec-
tion (b) transmitted to OAL 3-15-91 and filed 6-14-91 (Register91. No. 38).
§8103. Emergency Reserve Account.
(a) The department shall establish an emergency reserve account in the
fund. Three percent of any allocation made to the fund pursuant to Health
and Safely Code section 53 1 3()(a) shall be deposited into the account. Ex-
cess funds returned to the department pursuant to section 8089(i) shall be
deposited into the account to replace the allocated funds in the account
on a dollar for dollar basis. Allocated funds so replaced shall become
available for loans provided pursuant to this subchapter.
(b) The department shall maintain a default reserve as a portion of the
emergency reserve account, in an amount equal to two percent of all allo-
cations to the fund pursuant to Health and Safety Code section 53 1 30(a),
for the purpose of avoiding or curing defaults pursuant lo seciii)n
8099(e).
(c) When funds in the account exceed the two percent defauli reserve
required pursuant to subdivision (b). the deparlmenl shall advance funds
from the account to defray unanticipaied cost increases or revenue short-
falls to the extent necessary lo preserve fiscal integrity and to m;iinl;iin
rents in accordance with program requiremenls. All funds so advanced
shall be part of the program loan to the sponsor and suhjecl to the same
interest rate and terms of repayment.
Noil-: Authority cited: Section 5077 1.1. Health and Salelv Code. Rclerence: Sec-
tions ,50771.1 and 531,30. Health and Safety Code.
HlSIOl^Y
1. New section filed 12-29-89 as an emergency; operative 1 2-29-89 (Regi.stei 90.
No. 3). A Certificale of Compliance must be iransmitled to OAL v\iihin 120
days or emergency language will be repealed by operation of law on 4-30-90
2. New section refiled 4-26-90 as an emergency; operative 4-26-90 ( Register 90.
No. 23). A Certificale of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed by operation of law (mi 8- 24 90.
3. New section refiled 8-27-90 as an emergency; operative 8-27-90 ( Register 90.
No. 42). A Certificate of Compliance must be transmitted to OAL by 1 2-26-90
or emergency language will be repealed by operation of law on the tollowing
day.
4. New section refiled 12-19-90 as an emergency pursuant to Health and Safetv
Code section 50771.3; operative 12-19-9?) (Register91. No. 4). A Certific;iie
of Compliance must be transmitted to OAL by 4- 1 8-9 1 or eniergenc\ language
will be repealed by operation of law on the following tlay.
5. Certificate of Compliance as to 12-19-90 order transmitted lo OAL 1-4-91 ;
disapproved by OAL 2-4-91 (Register 91, No. 13).
6. New section refiled 2-20-91 as an emergency; operative 2-20-9 1 ( Register9 1 .
No, 13). A Certificale of Compliance must be transmitted to OAL by Vl 7-9 1
or emergency language will be repealed by operation of law on ihc following
day.
7. Certificate of Compliance as to 6-14-91 order including amendment ofsubsec-
tion (c) and repeal of subsection (d) iransmitled to OAL 5-1.5-91 and filed
6-14-91 (Register91,No. 38).
Subchapter 16. Family Housing
Demonstration Program
Regulations — Proposition 84
Article 1. General
§ 811 0. Purpose and Scope.
(a) This subchapter establishes the Proposition 84 Family Ht)using
Demonstration Program and implements and interprets Chapter 15
(commencing with section 50880) of Part 2 of Division 31, Health and
Safety Code, added by Chapter 30 of the Statutes of 1 988, as amended
by Chapter 1 1 03 of the Statutes of 1 989, Chapter 1311 of the Statutes o\'
1990 and Chapter 100 of the Statutes of 199 1 .
(b) These regulations establish procedures for the award and disburse-
ment of loans and establish policies and procedures for use of funds allo-
cated to the Family Housing Demonstration Program by .section
53 1 3()(a)(4) of the Health and Safely Code.
NOTE: Authority cited: Sections 50406(n). 50884 and 50895, Health and Saiety
Code. Reference: Sections 50880, .50881.5, .50882. .^0883. 5. 50887. .50888. .3.
50888.5. .50888.7, 50889.5, .50891, .50891.5, .50893, .50893.3. .50893.5. .50893.7.
50893.9. .50894, 50895. 531.30 and 53133. Health and Safely Code; Chapter 16
(commencing with section 7260), division 7. title 1. Government Code.
Hl.STORY
1. New section filed 12-1 4-90 as an emergency; operative 12-14 9()(Registcr91.
No. 11). A Certificale of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the tollowing
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative I l-l 5-9 1 (Register
92, No. 16). A Certificate of Compliance must be transmitted lo OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
Page 496.15
Register 92, Nos. 15-17; 4-24-92
§ 8111
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
5. Ceiliticalc ofCompliance as to 1 1-15-91 oidcr transniittetl to OAL 12-12-91
and filed 1-13-92 (Register 92. No. 16).
§8111. Definitions.
In addition to the definitions found in Chapter 2 (commencing with
section 50050). of Part 1 of Division 31 of the Health and Safety Code
and Subchapter 2 (commencing with section 6910) of Chapter 6.5 of this
Title, the following definitions shall apply to this subchapter. In the event
of a conllict between the following definitions and those recited above,
the following definitions prevail for the purposes of this subchapter:
a. '"Account" means the Family Housing Demonstration Account.
b. "Affordable rent" means rent for an assisted unit, determined pur-
suant to section 8122.
c. ""Approved eligible costs" are those eligible costs approved by the
Department prior to loan closing.
d. ""Article XXXIV approval" means the approval by local electors
which must be obtained before a low rent housing project can be devel-
oped, constructed, or acquired in any city, town or county in California.
This approval is required by section I of Article XXXIV of the Constitu-
tion of California.
0. ""Assisted unit" means a dwelling unit in a community housing de-
velopment or the personal living space in a congregate housing develop-
ment which may include one or more bedrooms depending on family size
and characteristics. An "assisted unit" is affordable to an eligible house-
hold as a result of a payment made by the department pursuant to this sub-
chapter and is both designated for occupancy by an eligible household
and either available on a priority basis to. or occupied by, an eligible
household in accordance with a Regulatory Agreement between the de-
partment and the sponsor entered into pursuant to secUon 8133(c).
f "Commercial space" means space used for commercial purposes,
excluding space used for a child care center operated pursuant to section
8127.
g. '"Community Housing Development" means a development of 20
or more rental or cooperafive units on one or more sites which includes
the supportive service requirements pursuant to section 8127 and the Job
training and placement program requirements pursuant to section 8128.
h. "Congregate Housing Development" means a new or rehabilitated,
muki-bedroom structure with common living areas, large enough to ac-
commodate two to ten households who share child care, cleaning, cook-
ing and other household responsibilities pursuant to a resident manage-
ment agreement as described in section 8137.
i. '"Conversion" means the alteration of nonresidential space within an
existing structure to create a rental housing development.
J. "'Debt service coverage rado" means the rafio of (1) operating in-
come less operaUng expenses to (2) debt service payments, excluding
voluntary prepayments.
k. "Department" means the Department of Housing and Community
Development.
/. '"Development costs" are the costs of planning, funding and con-
staicting the project as approved by the Department prior to loan closing.
m. "Director" means the Director of the Department of Housing and
Community Development.
n. "Distribufions" means the amount of cash received from the opera-
fion of a rental housing development and available to be distributed pur-
suant to section 8123 to the sponsor of that rental housing development,
or any party having a beneficial interest in the sponsor entity. Distribu-
fions do not include payments for debt service, voluntary loan prepay-
ments, operations, maintenance, payments to required reserve accounts,
land lea.se payments to parfies that do not have a beneficial interest in the
sponsor entity, or payments for property management or other services
as set forth in the Regulatory Agreement for the rental housing develop-
ment.
0. "Elderiy" means the same as defined in secfion 50067 of the Health
and Safety Code.
p. "Eligible households" means very low-income households or other
lower-income households.
q. "FHDP" means Family Housing Demonstration Program.
r. "Fiscal integrity" means that the total of operating income plus funds
released from the operating reserve account pursuant to the Regulatory
Agreement is sufficient to: ( I ) pay all current operating expenses, (2) pay
all current debt service (excluding deferred interest), (3) fully fund all re-
serve accounts established pursuant to the Regulatory Agreement (other
than the operating reserve account). (4) maintain a debt service coverage
ratio, where specified in the Regulatory Agreement, and (5) pay other ex-
traordinary costs permitted by the Regulatory Agreement. The ability to
pay any or all of the annual permitted distribution shall not be considered
in determining fiscal integrity.
s. "Handicapped" means the same as defined in section 50072 of the
Health and Safety Code.
t. "Household income" means the same as "gross income" as defined
in section 69 14 of this Title.
u. "Housing cooperative" means the same as "stock cooperative" as
defined in secfion 135l(m) of the Civil Code.
v. "Initial operating year" means the initial period of operation of a
rental housing development beginning when the local enforcement
agency issues acerfificaie of occupancy and ending on the last day of the
fiscal year of that development.
w. "Lower-income household" means a person or family as defined
in section 50079.5 of the Health and Safety Code.
X. "Lower-income nonassisted unit" means a dwelling unit other than
an assisted unit which is regulated by virtue of participation in the federal
tax credit program (section 42. Title 26 U.S.C.) or state tax credit pro-
gram (Revent^e and Taxafion Code, sections 17057.5, 17058, 23610.4
and 23610.5). the HUD Secfion 202 program (secUon 1701q, Title 12
U.S.C), the HUD Secfion 8 program (secfion I437f, Title 42 U.S.C), or
other governmental program where the occupancy and rent restricfions
and the term of the occupancy and rent restricfions are equal to or greater
than the requirements of the federal tax credit program referenced above.
y. "Lower-income unit" means an assisted unit both designated for oc-
cupancy by a low-income household and either available on a priority
basis to, or occupied by, a lower-income household.
z. "Nonprofit corporation" means the same as defined in secfion 50091
of the Health and Safety Code.
aa. ""Operafing expenses" means the amount annually approved by the
department as necessary to pay for the recurring expenses of a rental
housing development, such as ufilifies, maintenance, management,
taxes, licenses, supportive services provided pursuant to secfion 8127,
and job training and placement programs provided pursuant to secfion
8128. Operafing expenses does not include debt service, distribufions.
extraordinary expenses pennitted by the Regulatory Agreement or re-
quired reserve account deposits.
bb. ""Operating income" means all income generated on an annual ba-
sis in connecfion with operation of a rental housing development includ-
ing rental income for assisted and nonassisted units; rental income for
commercial space, laundry and equipment rental fees; rental subsidy
payments; payments associated with supporfive services provided pur-
suant to 81 27; payments associated with job training and placement pro-
grams provided pursuant to 81 28; and interest on any accounts related to
the rental housing development, with the excepfion of reserve accounts.
"Operating income" does not include draws from the operating reserve
fund, security and equipment deposits; or payments for direct or support-
ive tenant services, other than those provided pursuant to secfion 8 1 27(a)
and (b), that tenants are not required to pay for as a condition of occupan-
cy.
cc. "Other lower-income household" means persons or families as de-
fined in subsecfion 6928(c) of Tide 25.
dd. "Prior to loan closing" is that period of fime following the notifica-
fion of approval for funding pursuant to secfion 8130(c)(2) and prior to
the recording of the legal documents on the project property.
ee. "Program" means the Family Housing Demonstration Program.
Page 496.16
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8112
IT. ■■Project"" means a renial housing developmeni using prog/am
t'linds; the developmeni, new construeiion or rehabilitation, and opera-
tion thereof; and the financing structure and all agreements and docu-
mentation approved in connection therewith.
gg. ■■Reconstruction"" means replacing an existing residential structure
with a rental housing development of similar type, amenity level, range
of unit sizes, and w ith not less than an equal number of units.
hh. ■■Rehabiliialion" means repairs or improvements to a substandard
rental housing development necessary to correct defects causing it to be
a substandard building pursuant lo section 17920.3 of the Health and
Safety Code, and to meet rehabilitation standards. Rehabilitation also in-
cludes reconstruction or conversion.
ii. ■■Rehabilitation Standards"" means (a) the applicable slate or local
building or housing standard adopted [pursuant to the State Housing Law ,
Ran 1..S (commencing with section 17910) of Division 13, or continued
in effect pursuant thereto, and (b) room additions necessary to prevent
overcrowding of lower-income households.
ij. '"Rent"" means all mandatory charges, other than deposits, paid by
the tenant for the use and occupancy of an assisted unit. For housing
cooperatives, "rent"' includes, but is not limited to, the carrying charges
paid by a member of a housing cooperative.
kk. ■■Rent-up costs"" means costs incurred in connection with market-
ing and preparing an assisted unit tor occupancy while the unit is on the
housing market but not rented to its first tenant.
II. ■■Rental housing development"" means a community housing devel-
opment or a congregate housing development.
mm. ■■Residential structure"" means a stnicture or structures used pri-
marily as the place of permanent or customary abode of a person or per-
sons, including a single family dwelling, a multifamily dwelling, a single
room occupancy hotel, a condominium or cooperative housing project,
or other form of residential occupancy.
nn. ■■Rural area"" means the same as defined in section 50101 of the
Health and Safely Code.
oo. ■■Seismic rehabilitation improvements"" means the same as defined
in section -'S0668.5{b)(3).
pp. ■■Substandard rental housing development" means a structure or
structures used or intended to be used as a rental housing development
which is a substandard building pursuant to section 1 7920.3 of the Health
and Safety Code.
qq. ■■Unit" means either a dwelling unit in a community housing devel-
opment or the personal living space in a congregate housing develop-
ment, which may include one or more bedrooms depending on family
size and characteristics.
rr. ■■Very low-income household" means a person or family as defined
in section 50105 of the Health and Safety Code.
ss. ■■Very low-income nonassisted unit"" means a dwelling unit other
than an assisted unit, which is regulated by virtue of participation in a fed-
eral or stale tax credit program, the HUD .section 202 program, or other
governmental programs where the occupancy and rent restriclions and
the term of occupancy and rent restriclions are equal to or greater than the
requirements for very low-income units contained in the federal tax
credit program.
tt. ■"Very low-income unit"" means an assisted unit both designated for
occupancy by a very !ow-incon\e household and either available on a
priority basis to. or occupied by, a very low-income household.
NOTt:: Authority cited: Sections .S04()6(n) . 50884 and 50895, Health and Safety
Code. Reference: Sections 50880. 50881.5. 50882. 50883.5, 50887, 50888.3,
50888.5. 50888.7. .50889.5. 50891. 50891.5. .50893. 50893.3. 50893.5. 50893,7.
.^0893.9. .50894. .50895. 531.^0 and 53133. Health and Safety Code: Chapter 16
(commencing with section 7260). division 7. title 1. Government Code.
History
1 . New section filed 1 2- 1 4-90 as an emergency; operative 1 2- 1 4-90 (Register 91 .
No. 11). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91 .
3. New .section filed 7-19-91 as an emergency; operative 7-19-MI (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL I 1-6 91 or
emergency language will be repealed by operation ol law on the lollou mg da> .
4. New section rellled 11-15-91 as an emergency: operative I I 15-91 (Register
92. No. 16). A Ceilifieale of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation ol law on the following
day.
5. Certificate of Compliance as to I 1-15-91 order transmitted to OAL 12-12 91
and filed I-LV92 (Register 92. No. 16).
Article 2. Program Requirements
§8112. Eligible Project.
(a) To be eligible for funding, a proposed project must
( 1 ) involve either of the following:
(A) the developmeni and consiruc(i()n of a new rcnial housing dc\el-
opmeni. or
(B) the rehabilitation of (which may include seismic imprt)\ emenls lo)
one or more of the following structures:
1. a substandard rental housing developmeni;
2. a residential structure eligible for seismic rehabilitation impro\e-
ments pursuant to section 8129;
.3. an existing structure that will undergo a conversion; or
4. an existing substandard residential structure thai will undergo re-
construction.
(2) include supportive services pursuant lo section 8127 and a job
training and placement program pursuant to section 8128.
(b) Except as specified in subdivision (c). proposed rental housing de-
velopments are ineligible if construction work has begun prior to the ef-
fective date of the Standard Agreement. Forihe purposes of this subdivi-
sion, construction work shall not include the following:
(1) for loans involving new construction, site improvements intended
for public dedication; demolition; site preparation; and grading;
(2) for loans involving rehabilitation, work required lo correct an
emergency situation; work done pursuant to an order of the court or
agency having jurisdiction over the project; and regular maintenance of
the project.
(c) Where construction work, other than that allowed pursuant to sub-
division (b). has begun prior to the effective date of the Standard Agree-
ment, proposed rental housing developments are eligible only under the
following circumstances;
(1) construction has been halted, and the project property has been
foreclosed upon or is in foreclosure;
(2) construction has been halted, and the project property has been
deeded to a lender in lieu of foreclosure;
(3) construction has been halted, and there is a substantial likelihood
that a lender will initiate foreclosure due to the inability of the project's
developer lo complete construction; or
(4) construction on a separate distinct phase of the project has been or
will be completed without program loan funds; provided thai, when com-
pleted, either the separate phase or the project as a whole meets all pro-
gram requirements.
(d) Proposed projects involving the demolition of residential rental
units are eligible only if the sponsor complies with the relocation require-
ments set forth in section 8125 and only if one of the following circum-
stances exist;
(1) the units to be demolished are substandard, and not economically
feasible to rehabilitate; or
(2) the number of assisted units in the new project is at least twice the
total number of units in the demolished stniclures.
NOTE; Authority cited: Sections 50406(n). 50884 and 50895. Health and Safety
Code. Reference: Section 50881.5. Health and Safety Code.
History
1 . New section filed 1 2-1 4-90 as an emergency : operative 1 2- 1 4-90 ( Register 9 1 .
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
Page 496.17
Register 92, Nos. 15-17; 4-24-92
§ 8113
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Repealed by operation of law on 4-16-9 1 .
3. New section filed 7-19-91 as an emergency: operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency: operative 1 1-15-91 (Register
92. No. 16). A Certilicate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-9!
and filed 1-1.3-92 (Register 92. No. 16).
§ 81 1 3. Eligible Sponsor.
(a) A sponsor shall be a nonprofil corporation, housing coopcralive.
local public entity, or any combination thereof including a limited part-
nership in which the managing general partner is an eligible nonprofit
corporation, which is certified by the department as meeting the require-
ments of subdivision (b).
(b) In order to be certified as an eligible sponsor, an applicant must be
able to:
( 1 ) demonstrate ability or experience relevant to owning, developing,
constructing or rehabilitating, and operating rental housing through any
combination of the following:
(A) prior ownership, development, construction or rehabilitation, or
operation of rental housing;
(B) employing staff with demonstrated ability or experience owning,
developing, constructing or rehabilitating, or operating rental housing;
or
(C) contracting with a consultant or consultants with demonstrated
ability or experience assisting with the owning, developing, rehabilitat-
ing or constructing, or operating of rental housing; and
(2) demonstrate ability or experience relevant to the proposed plans for
operating supportive service programs described in section 81 27 and job
training and placement programs described in section 8128 through any
combination of the following:
(A) prior operation of such programs;
(B) employing staff with deinonstrated ability or experience operating
such programs; or
(C) contracting with a consultant or consultants with demonstrated
ability or experience operating such program;
(3) have site control of the proposed project property by one of the fol-
lowing:
(A) fee title;
(B) a leasehold interest on the project property pursuant to a lease with
provisions that enable the lessee to make improvements on and encumber
the property and permit compliance with all program requirements;
(C) an option to purchase or an option to lease pursuant to a lease
which meets the requirements of subdivision (B) above;
(D) a disposition and development agreement with a public agency
with provisions that enable the applicant to make improvements on and
encumber the property and permit compliance with all prograin require-
ments;
( E) a land sales contract, or other enforceable agreement for the acqui-
sition of the property.
NOTE: Authority cited: Sections 50406(n). 50884 and 50895, Health and Safety
Code. Reference: Sections 50881.5(h) and 50889.5(b), Health and Safety Code.
History
1 . New section filed 1 2- 1 4-90 as an emergency ; operati ve 1 2- 1 4-90 (Register 9 1 ,
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-1 5-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section fded 7-19-91 as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 11-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New .section refiled 11-15-91 as an emergency; operative 1 1-1.5-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and tiled 1-13-92 (Register 92, No. 16).
§ 81 14. Eligible Uses of Funds.
(a) Funds shall be used only for approved eligible costs that are in-
curred with respect to the planning and executing of the project as set
forth in this section. In addition, the costs must be necessary and must be
consistent with the lowest reasonable cost consistent with the project's
scope and area.
(b) Eligible categories of costs for projects involving the new con-
struction of a rental housing development include the following:
( 1 ) land acquisition;
(2) acquisition of projects under construction satisfying the require-
ments of .section 81 12(0(1) through (c)(3);
(3) land lea.se payments;
(4) construction work, including demolition costs satisfying the re-
quireinenls of section 81 12(d);
(5) offsite improvements, such as sewers, utilities and streets, related
to the rental housing developinent;
(6) onsite iinprovements related to the rental housing development;
(7) architectural, appraisal, engineering, legal, accounting and other
consulting costs and fees, which are directly related to the planning and
execution of the project and which are incurred through third-party con-
tracts;
(8) administrative expenses pursuant to section 8119;
(9) rent-up costs;
( 1 0) insurance, construction financing fees and interest, taxes, and any
other expenses necessary to hold the property while the rental housing
development is under construction.
(11) building permits and state and local fees;
(12) initial operating and replacement reserve balances required pur-
suant to section 8139;
( 1 3 ) escrow, title insurance, recording and other costs related to the fi-
nancing of the project;
(14) costs required to assure the completion of construction, such as
contractor bond premiums; and
(15) environmental hazard reports, surveys, and investigations.
(c) Eligible categories of costs for projects involving the rehabilitation
of a rental housing development include the following:
( 1 ) acquisition of project property, including existing improvements,
and costs related to such acquisition;
(2) refinancing of that amount of debt existing at the time of applica-
tion which is necessary to achieve rents for lower- and very low-income
households in accordance with program requirements, and costs related
thereto;
(3) reconstruction costs, when the estimated costs including demoli-
tion, construction and related activities are less than the estimated cost of
rehabilitation of the rental housing development, and where demolition
is consistent with the requiretnents of section 81 12(d);
(4) conversion costs when the estimated total rehabilitation cost is less
than the new construction cost of comparable units in the area;
(5) cost of rehabilitation necessary to correct code violations;
(6) general costs required to correct unsafe, unhealthy and unsanitary
conditions, including general property improvements when the sponsor
can demonstrate that such improvements are integral to the project;
(7) work related to protecting physical security;
(8) work related to reducing long-term maintenance costs;
(9) onsite and offsite improvements;
(10) work related to meeting specialized design criteria described in
section 8126;
(11) seismic rehabilitation improvements, and work directly related
thereto pursuant to section 8129;
(12) architectural, appraisal, engineering, legal, accounting and other
consulting costs and fees, which are directly related to the planning and
execution of the project and which are incurred through third-party con-
tracts;
(13) administrative expenses pursuant to section 81 19;
(14) rent-up costs;
Page 496.18
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8116
(15) insuniiicc, construction llnancing fees and interest, and taxes, and
any other expenses necessary to hold the property while the rental hous-
ing developmeni is under construction;
( 16) building permits and stale and local fees;
(17) work lawfully required by a governmental entity which is reason-
ably required to correct unsafe, imhealthy or unsanitary conditions:
(18) relocation benefits and assistance to lower-income residential
tenants displaced as a result of acquisition and rehabilitation, or rehabili-
tation only. All other temporary and permanent relocation benefits speci-
fied in section 8125 are not eligible uses of program funds;
( 19) escrow, title insurance, recording and other related costs; and
(20) environmental hazard reports, surveys, and investigations.
(d) Except where lawfully required to secure local government ap-
provals essential to completion of the project, costs associated with the
following items are ineligible for funding with program loan proceeds,
and cannot be paid for from syndication proceeds or loans supported by
rents from assisted units:
(1) building and roof shapes, ornamentation, and exterior finish
schemes whose costs are in excess of the typical costs of these features
in modestly designed rental housing:
(2) fireplaces, tennis courts, and similar amenities not typically found
in modestly designed rental housing:
(3) shake and tile roofs, custom-made windows, ceramic tile floors
and counters, hardwood floors, and similar features using materials not
typically found in modestly designed rental housing, except where such
materials have lower replacement costs overthe life of the rental housing
development due to lower operating, maintenance and replacement
costs.
(e) No program funds shall be used for costs associated exclusively
with nonassisted units or commercial space. If only a portion of the rental
housing development consists of assisted units, the program loan amount
shall not exceed the sum of the following:
( 1 ) the costs of all items specified in subdivisions (b) or (c). as applica-
ble, and (d) associated exclusively with the assisted units:
(2) a share of the costs of common areas used primarily by residential
tenants; this share shall be in direct proportion to the rado between the
gross lloor area of the assisted units and the gross floor area of ail residen-
tial units: and
(3) a share of the cost of other items, such as roofs, that cannot specifi-
cally be allocated to assisted units, nonassisted units, or commercial
space: this share shall be in direct proportion to the ratio between the fol-
lowing:
(A) the gross floor area of the assisted units, plus a share of the gross
lloor area of common areas used primarily by residential tenants in direct
proportion to the ratio between the gross floor area of the assisted units
and the gross floor area of all units; and
(B) the total gross floor area of the structure or structures.
( f) Notwithstanding subdivision (e)( I ), not more than 50 percent of the
cost of the child care center may be funded with program funds, except
that the cost of all items specified in subdivision (b) or (c), as applicable,
and (d) associated with the development of the child care center are eligi-
ble for program funding as specified in section 8127(c).
NOTE; Authority cited: Sections 5()406(n), 30884 and 50895, Health and Safety
Code. Reference: Section 5088 1 .5(f). 50888.3(e). 50893.3(a) and (b) and 531 33,
Health and Safety Code.
History
1. New section filed 1 2- 14-90as an emergency; operative 12- 14-90 (Register 91,
No. 11). A Certificate of Compliance must be transmitted to OAL by 4-f.S-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91 .
3. New section filed 7-f9-9f as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL f 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New fitiction ret'iJed 1 1-15-9] as an emergency; operative ! J- 15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted toOAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-15-91 order transmitted to OAL 12- 12 91
and filed 1-13-92 <Regisler92. No. 16).
§ 81 1 5. Type and Term of Loan.
(a) Sponsors shall elect to receive program financing as either combi-
nation construction and perinanent loans or permanent loans only.
(b) For projects involving new construction, the initial term ot the loan
shall be not less than 40 years, commencing on the date of initial t)ccu-
pancy of an assisted unit. For projects involving rehabilitation and either
acquisition or refinancing, the initial loan term shall be not less than 30
years. For projects involving only rehabilitation, the initial loan term
shall be not less than 20 years.
(c) Upon request by the sponsor, the department shall approve a loan
term longer than that set forth in subdivision (b) provided that such longer
term does not exceed the useful life of the rental housing development
as determined by the department utilizing assessments provided by pro-
fessionals from the construction and real estate industries, such as the
conclusions of an appraiser or a structural engineer.
(d) Upon receipt of a request from a sponsor for a ten-year extension
of the loan term, the department shall determine whether to appiovc the
request based on the following considerations:
( 1 ) Whether the sponsor is in compliance with the Regulatory Agree-
ment and agrees to continue to coinply during the extended term:
(2) Whether the extension is necessary to continue operatit)ns consis-
tent with program requirements, and
(3) Whether the extended term does not exceed the useful life of the
rental housing developinent, as determined by the department utilizing
assessments provided by professionals from the construction and real es-
tate industries, such as the conckisions of an appraiser or a structural en-
gineer.
(e) The department may condition the extension of such terms as it
deeiTis necessary to ensure compliance with the requirements of this pro-
gram.
Note: Authority cited: Sections 504()6(n). 50884 and 50895. Health and Salety
Code. Reference: Sections 50893. Health and Salety Code.
HfSTOKY
1 . New section filed 1 2- 1 4-90 as an emergency; operati ve 1 2- 1 4-90 ( Register 9 1 .
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-1.^-91
or emergency language will be repealed by operation of law on the tollowing
day.
2. Repealed by operation of law on 4-16-9 1 .
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 i-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 1 1-15-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted to OAL 3-l(>-92
or emergency language will be repealed by operation of law on (he tollowing
day.
5. Certificate of Compliance as to 11-1.3-91 order transmitted to OAL 12-12-91
and tiled 1-13-92 (Register 92. No. 16).
§ 8116. Maximum Loan Amounts.
The loan amount is limited to the total amount of eligible costs re-
quired, when considered with other available financing and assistance,
in order to achieve all of the following:
(a) to enable the development and construction of the rental housing
development;
(b) to ensure that rents for assisted units are in accordance with prt)-
gram requirements;
(c) to operate in compliance with all other program requirements: and
(d) to allow a debt service coverage ratio in an amount sufficieni to sat-
isfy the requirements of other lenders providing financing for the rental
housing development, but not to exceed 1 1 5 percent, except as otherwise
required by law.
NOTE: Authority cited: Sections 50406(n). 50884 and 50895. Health and Safety
Code. Reference: Sections 50880 and 50893, Health and Safety Code.
History
f . New section filed 1 2-1 4-90 as an emergency; operative 1 2- 1 4-90 ( Register 9 1 .
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 4- 1 .3-9 1
or emergency language will be repealed by operation of law on the following
day.
Page 496.19
Register 92, Nos. 15-17; 4-24-92
§8117
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Repealed by operation of law on 4-16-91 .
3. New seetion filed 7-19-9] as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 1 1-15-91 (Register
92. No, 16). A Certificate ofCompliance must be transmitted to OAL 3-16-92
or emergency laniruase will be repealed by operation ot law on the followine
day.
5. Ceiiificate ofCompliance as to 11-15-91 order transmitted to OAL 12-12-9!
and filed 1-13-92 (Reeister92, No. 16).
§ 8117. Interest Rate and Loan Repayments.
(a) Loans lor development costs shall bear simple interest of ihieepei-
ceni per annum on the unpaid principal balance. Loans or advances made
pursuant to sections 8140 and 8141 shall be the same interest as calcu-
lated annually on the Pooled Money Investment Account created under
Government Code section 16480. Interest shall accrue from the date that
funds are disbursed by the department to or on behalf of the sponsor.
(bi Accrued interest shall be paid from project cash flow. Such inter-
est, to the extent project cash flow is available, shall be paid to the depart-
ment commencing on the last day of the initial operating year and contin-
uing on each anniversary thereafter until loan interest and principal is
paid full. For purposes of this section, '"project cash flow" means operat-
ing income remaining after payment of approved operating expenses,
regularly scheduled debt service on loans other than the program loan
which have been approved by the department and which are to be paid
prior to payments on the program loan, deposits into department ap-
proved project reserve accounts, and sponsor distributions.
(c) Upon request by the sponsor, at the time of application or any time
thereafter, the departtnent shall approve the deferral of accrued interest,
due but unpaid because of insufficient project cash flow, for such periods
and subject to such conditions as are necessary to enable the sponsor to
maintain affordable rents and the fiscal integrity of the project, and pay
distributions.
(d) Program loan principal shall be payable annually in accordance
with all of the following:
( 1 ) Such payments will not jeopardize the fiscal integrity of the project
or the sponsor's ability to maintain rents in accordance with program re-
quirements.
(2) Such payments shall be the lesser of
(A) the amount remaining from project cash flow after paying all cur-
rent and deferred interest pursuant to subdivision (b) and (c); or
(B) the amount required to fully amortize the loan according to the
scheduled term of the loan.
(}) Such payments shall be consistent with a written schedule ap-
proved by the department at loan closing or any time thereafter which
provides that
{A} for loans involving new construction, the first principal payment
shall be due on the thirtieth {30th) anniversary of the loan closing; and
(B) for loans involving rehabilitation, the first principal payment shall
be on that date proposed by the sponsor and approved by the department
prior to loan closing.
(e) In any year that payments of principal and interest are paid in full
in accordance with subdivisions (a), (b), (c). and (d). remaining project
cash flow shall be used as follows:
(1) The sponsor shall first pay regularly scheduled debt service on
loans other than the program loan which were used to finance assisted
units and which have been approved by the department and which are to
be paid following payments of the program loan;
(2) Thereafter, the sponsor shall pay project cash flow as either:
(A) prepayments on the program loan; or
(B) payments into the Account, to be prorated among the emergency
reserve subaccount described in section 8140 and the feasibility subac-
count described in section 8141 in a manner which assures that each sub-
account is fully funded.
(1") All program loan payments shall be apphed first to interest and sec-
ond to principal.
(g) The lotal amount of the outstanding principal and interest, includ-
ing deferred interest, shall be due and payable in full to the department
at the end of the loan term or upon the department's tertnination of the
loan.
NOTL: Authority cited: Sections 5()406(n), 50884 and 50895. Health and Safety
Code. Reference: Section 50893, Health and Safety Code.
History
1. New section filed 12-14-90 as anemergency;operative 1 2-14-90 (Register91.
No. 1 1). ACertiticaleof Compliance must be transmitted to OAL by Vl5-9I
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate ofCompliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 11-15-91 (Register
92, No. 16). A Certificate ofCompliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate ofCompliance as to 1 1-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92. No. 16).
§ 8118. Appraisal and Market Study Requirements.
(a) As a condition of funding, the department shall require an appraisal
or market study, or both, where required to achieve the following objec-
tives:
( 1 ) To establish a market value for land and improvements to be pur-
chased or leased as part of the project for puiposes of evaluating the rea-
sonableness of the purchase price or lease terms pursuant to section 8114
and delertnining actual investment pursuant to section 8123;
(2) To assist with establishing reasonable costs for development cost
categories pursuant to section 8114; and
(3) To assess fiscal integrity.
(b) Any appraisal required by the department shall be prepared at the
sponsor's expense by an individual who
(1) has the knowledge and experience necessary to appraise income
property competently;
(2) is aware of, understands, and correctly employs those recognized
methods and techniques that are necessary to produce a credible apprais-
al; and
(3) in reporting the results of the appraisal, communicates each analy-
sis, opinion and conclusion in a manner that is not misleading as to the
true value and condition of the property.
(c) Any market study required by the department shall be prepared at
the sponsor's expense by an individual who:
( 1 ) has the knowledge and experience necessary to conduct a market
study for rental property competently;
(2) is aware of, understands, and correcUy employs those recognized
methods and techniques that are necessary to produce a credible market
study; and
(3) in reporting the results of the market study, communicates each
analysis, opinion and conclusion in a manner that is not misleading as to
the true value and condidon of the property.
NOTE; Authority cited: Sections 50406(n), 50884 and 30895, Health and Safety
Code. Reference: Seetion 50880, 50881.5(f) and 50893.7(d), Health and Safety
Code.
History
1. New section filed 12-14-90 as anemergency; operative 12-]4-90(Register91,
No. 1 1 ). A Certificate ofCompliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate ofCompliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 1 1-15-91 (Register
92. No. 16). A Certificate ofCompliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92, No. 16).
Page 496.20
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
i^812()
§ 81 1 9. Administrative Expenses.
(a) AdminislRUive expenses are those expenses incurred by the spon-
sor related to the planning and execution of the project prior to initial oc-
cupancy. Such expenses include, but are not limited to the following:
( 1 ) salaries, wages, and related costs of the sponsor's staff engaged in
the planning and execution of the project, including legal services, ac-
counting and auditing relating to the sponsor's operations and obtaining
iinancing for the project;
(2) travel costs and other general overhead costs which are attributable
lo the project;
(3) expenses for administrative services performed for the sponsor and
paid for under third-parly contracts.
(b) Administrative expenses do not include those legal, architectural,
engineering, or financial fees which are directly related to the planning
and execution of the project and which are incurred by the sponsor
through third-parly contracts eligible for funding pursuant to section
8]l4(bK7)and(c)(12).
(c) Administrative expenses in ainounts equal to or less than the maxi-
mum amounts shown in the following schedule shall be deemed reason-
able and necessary upon certification by the sponsor that they have been
incurred by the sponsor pursuant to this section.
Mcixinnim Administrative
Approved Program Loan Aiiitnint Expenses
Up to !t-.S()0,()()() 5% of the approved
program loan amount
S.sOO.OOO or more $2.S.000 plus 1 % of
the approved program
loan amount over
$500,000, up to a
maximum of $.^0,000.
(d) Sponsors seeking program funds for administrative expenses in ex-
cess of the limits described in subdivision (c), shall include in their appli-
cations a statement of administrative expenses incurred to date, and a
budget for anticipated administrative expenses. The statement and bud-
get shall include sufficient detail and explanation to permit the depart-
ment to determine eligibility and reasonableness of the expenses. The de-
partment shall include in the loan amount those administrative expenses
shown in the statement and anticipated budget, provided it determines
that those expenses are reasonable and necessary considering the nature
and scope of the project.
(e) The department shall not fund administrative expenses in excess
of 1 0 percent of the approved loan amount unless the .sponsor can demon-
strate to the department's satisfaction that costs in excess of this limita-
tion are the result of expenses for architectural, engineering, accounting
and legal services, which would otherwise qualify for funding as consul-
tant services pursuant to section 81 14(b)(7) or (c)(12). as applicable.
Note: Authority cited: Sections .S()406(n). .50884 and 50895. Health and Satety
Code. Reference: .Section 50881.5(f). Health and Safety Code.
History
1. New section filed 1 2- 1 4-90 as an emergency; operative 12-14-90(Register9].
No. 1 1 ). A Cenificale of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91 .
3. New section tiled 7-19-91 as an emergency: operative 7-19-91 (Regi.ster 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section retlled 1 1-15-91 as an emergency; operative 1 1-L5-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Ccrtit'icate of Compliance as to 1 1-15-91 order transmitted to OAL 12-1.2-91
and filed 1-1.V92 (Register 92. No. 16)
§ 8120. Occupancy Requirements.
(a) In each rental housing development assisted by the program, and
for the full term of the program loan, the following requirements shall ap-
ply:
( I ) Not less than thirty percent of all units shall be assisted units.
(2) Not less than two-thirds of the assisted units shall be very lou-in-
coine units. The departinent may approve a lesser percentage if it deter-
inines that it is not feasible lo achieve fiscal integrity with the required
percentage.
(b) In each community housing developmenl assisted by the program,
and for the full term of the program loan, not less than twenty percent nor
inore than thirty percent of the assisted units shall be occupied by elderly
persons or households. The balance of units shall be available on a prior-
ity basis, or occupied by. fainilies with children. For purposes of this sec-
tion, "'families with children" means one or more individuals, who have
not attained the age of 1 8 years, being domiciled with a parent or another
person having legal custody of such individual or individuals; or the de-
signee of such parent or other person having such custody with the writ-
ten permission of such parent or other person. "Families with children"
also includes any person who is pregnant or is in the process of securing
legal custody of any individual who has not attained the age of 18 years.
(c) In each congregate housing development assisted by the program,
and for the full term of the prograiTi loan, at least a majority of the units
shall be available on a priority basis, or occupied by. families with one
orinoreiTiinorchildren.Thebalance of units shall be available on a prior-
ity basis, or occupied by elderly persons or households.
(d) For projects involving rehabilitation, a unit in a rental housing de-
velopment may be designated as an assisted unit if at the time of initial
application for the program loan:
( 1 ) the unit is occupied by an eligible household;
(2) the unit is vacant and will be made available to, or occupied by, an
eligible household; or
(3) a noneligible hou.sehold residing in the unit has agreed not to return
to the unit after rehabilitation as evidenced by a signed written waiver of
the tenant's right to return to the unit pursuant to section 7265. 3td) of the
Government Code. Any tenant giving such waiver inust have been given
the notice specified in section 812.5.
(e) For projects involving rehabilitation, the sponsor shall, at a mini-
mum, designate as assisted units the greater o\':
( 1 ) number of units reasonably known by the sponsor to be occupied
by eligible households at the time of initial application for the prograiri
loan, or
(2) thirty percent of all units in the rental housing development.
(f) For projects involving rehabilitation of a community housing de-
velopment, the size, type, and amenity level of assisted units after reha-
bilitation shall not differ substantially from the size, type, and amenity
level of units known to be occupied by eligible households at the time of
initial application for the program loan. Units reconfigured or enlarged
to alleviate overcrowding shall not be considered a violation of this pro-
vision.
(g) Each community housing development shall include a range of
unit sizes, including the provision of three bedroom or larger units.
(h) Assisted units shall not differ substantially in size or aiTienity level
from nonassisted units with the same number of bedrooms, and lower-in-
come units shall not differ from very low-income units. Assisted units
shall not be segregated from nonassisted units, and very low-income
units shall not be segregated from other lower-income units. Within
these limits, sponsors may change the designation of a particular unit
from assisted lo nonassisted. or lower-income lo very low-income, and
vice versa, over time.
(i) For the full loan term, the number, size, type, and amenity level of
lower-income and very low-income units shall not be fewer than the
nuiTiber nor different from the size, type and amenity level described in
the Regulatory Agreement.
NOTE: Authoritv cited: Sections .50406(n). 50884 and 50895, Health and Safety
Code. Reference: Sections 50888.3. 5089 i(a), 50893.3 and 50893.7. Health and
Safety Code.
History
1 . New section fded 1 2-1 4-90 as an emergency; operative 1 2- 1 4-90 ( Register 9 1 .
No. 11 ). A Certificate of Compliance must be transmitted to OAL by 4-1 5-9 1
or emergency language will be repealed by operation of law on the following
day.
Page 496.21
Register 92, Nos. 15-17; 4-24-92
§8121
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Repealed by operation of law on 4—16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-13-91 as an emergency; operative 1 1-15-91 (Register
92. No. 16). A Certificate of Compliance musi be transmitted to OAL .3- 1 6-92
or emergency iansuase will be repealed bv operation of law on (he following
day.
5. Certificate of Compliance as to 1 1-1 5-9 1 order transmitted to OAL 12-12-91
and filed 1-1.V92 (Re2ister92. No. 16).
§8121. Tenancy Standards.
(a) Sponsors shall select only eligible households as tenants of assisted
LiniLs. and shall annually verify household income and size to determine
continued eligibility and appropriate unit size. As part of the manage-
ment plan required by section 8 1 37(e), the sponsor shall develop a tenant
selection plan for assisted units which shall be subject to the approval of
the department. Any change to the plan shall be subject to the approval
of the department. The plan shall include the following:
{ 1) an affirmative marketing plan for eligible households which shall
include policies and steps to ensure equal access to all housing units in
the rental housing development for all persons in any category protected
by federal, state or local laws governing discrimination. Where a signifi-
cant number of persons in the area of the rental housing development
have limited fluency in English, the plan shall require that publications
implementing the affirmative marketing plan be provided in the native
languages of those persons;
(2) reasonable criteria for selection or rejection of applicants which
shall not discriminate in violation of any federal, state or local laws or
base tenant selection on any other arbitrary factor. Reasonable criteria
shall include:
(A) for each rental housing development, a priority to applicants who
are employed at nearby facilities or who potentially could be employed
at nearby facilities through publicly assisted or other job- training or en-
try-level employment programs and who are willing to participate in the
job training and placement program provided pursuant to section
8128(a); and
(B) for each congregate housing development, the willingness and
ability of an applicant to enter into a resident management agreement as
described in section 8137;
(C) for each community housing development, a priority to applicants
who are employed in the management and operation of the community
housing development or its child care center.
(3) a prohibition of local residency requirements; and
(4) tenant selection procedures that include the following require-
ments:
(A) selection of tenants based on order of application, lottery, or other
reasonable method approved by the department;
(B) notification to a tenant applicant of either;
( 1 ) eligibility to occupy an assisted unit and, based on turnover history,
the approximate date when a unit may be available;
(2) ineligibility to occupy an assisted unit, the reason for the ineligibil-
ity, and the right to appeal this determinadon pursuant to section 8 1 2 1 (e);
and
(C) maintenance of a waiting list of eligible households which have
applied to occupy assisted units which if applicable, distinguishes be-
tween lower- and very low-income applicants, and elderly households
and families with children.
(3) for community housing developments, tenant occupancy stan-
dards that shall be used by the sponsor upon both initial occupancy and
annual recertification to determine the size of a unit to be occupied by a
tenant, as follows:
Unit
No.
of Persons ill Hoiiscliokl
Size
Mininiuiu
0-BR
1
l-BR
1
2-BR
2
.VBR
4
4-BR
6
5-BR
8
Maxiiuuin
T
3
3
7
9
(A) A sponsor may assign a unit other than that specified above if the
sponsor reasonably determines that special circumstances warrant a vari-
ance and the reasons are documented in the tenant's file.
(B) IL upon annual recertification, the tenant's household size has
changed and no longer meets the occupancy standards of this subdivi-
sion, the household shall be required to move to the next available unit
which will meet the requirements of this subdivision.
(6) for congregate housing developments, tenant occupancy standards
that require no less than one person and no more than three persons per
bedroom, except as approved by the department subsequent to review of
unique design features, such as flexible walls.
(b) Upon prior written approval by the department, the sponsor may
establish income limits for lower-income units at a level below the upper
limit for lower-income households.
(c) In housing cooperatives, share purchase terms for assisted units
shall be limited as follows:
( 1 ) For each initial member household, the total share purchase price
shall not be more than two-and-one-half percent (2.5%) of the prorated
development cost of the unit.
(2) For each subsequent member household, the total share purchase
price shall not be more than the sum of the total share purchase price pre-
viously charged to the member household selling the share and any share
appreciation due to the member household selling the share. Share appre-
ciation shall be at a simple interest rate approved by the department, not
to exceed eight percent (8%) per annum of the portion of the total share
purchase price actually paid in by the member household selling the
share.
(3) Upon occupancy by an initial member household or subsequent
member household, the required cash contribution to be applied towards
the total share purchase price shall not exceed the lesser of either ten per-
cent ( 1 Q%) of the member household" s income for the calendar year prior
to occupancy or the total share purchase price; and in no event shall the
cash contribution required upon initial occupancy be less than two times
the monthly rent for the unit.
(4)Thesponsor may loan members of the housing cooperative the dif-
ference between the total share purchase price and the member house-
hold's cash contribution. The terms and conditions of such loans shall be
subject to department approval.
(d) The sponsor shall submit for department approval the form of the
rental or occupancy agreement for assisted units prior to its use. The form
shall include the following;
(1 ) provisions requiring good cause for termination of tenancy. One
or more of the following constitutes "good cause":
(A) failure by the tenant to maintain eligibility under the program;
(B) noncompliance by the tenant with material provisions of the rental
or occupancy agreement, including one or more substantial violations of
the rental or occupancy agreement or habitual minor violations of the
rental or occupancy agreement which
1. adversely affect the health and safety of any person or the right of
any tenant to the quiet enjoyment of the leased premises and related proj-
ect facilities:
2. substantially interfere with the management, maintenance, or oper-
ation of the rental housing development;
3. substantially interfere with the supportive service component or the
job training and placement component of the project, other than failure
to participate, as set forth in section 8127 and 8128, respectively; or
Page 496.22
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
i^8121
4. resiili from the lailiire or relLisal to pay, in a timely fashion, rent or
other permitted eharges when dtie. Failure or refusal to pay. in a timely
fashion, is a minor violation if payment is made during the three-day no-
tiee period;
(C) substantial failure or repeated minor failure by a tenant to carry out
material obligations under state or local law;
(I)) subletting, by the tenant, of all or any portion of the assisted unit;
(E) substantial failure or repeated minor failure by a tenant in a congre-
gate housing development to comply with material provisions of the resi-
dent management agreement described in section 8 1 37 or with any rules
established by the mutual agreement of the residents of the congregate
housing development and the sponsor; or
(F) any other action or conduct of the tenant constituting significant
pr(.)blems which can be reasonably resolved only by eviction of the ten-
ant, provided that the sponsor has previously notified the tenant thai the
conduct or action in question would be considered cause for eviction. Ex-
amples of action or conduct in this category include the refusal of a ten-
ant, after written notice, to accept reasonable rules or any reasonable
changes in the rental or occupancy agreement or the refusal to recertify
income or household size;
(2) a provision requiring that the facts constituting the grounds for any
eviction be set forth in the notice to quit provided to the tenant pursuant
to stale law;
(3) notice of the appeal and grievance procedures established by the
sponsor pursuant to subdivision (e) and incorporation of the procedure
by reference;
(4) notice of the right to an informal hearing with the sponsor to review
any proposed rent increase pursuant to section 8122;
(5) a requirement that the tenant annually recertify household income
and size;
(6) for congregate housing developments, a requirement that the ten-
ant comply with the resident management agreement described in
8137(c).
(e) Each sponsor shall adopt an appeal and grievance procedure to re-
solve grievances filed by tenants and allow appeals of actions taken by
the sponsor with respect to tenants' occupancy in the rental housing de-
velopment and prospective tenants' applications for occupancy.
( 1 ) the appeal and grievance procedure shall be included in the spon-
sor's management plan described in section 8137(e) and shall, at a mini-
mum, include the following:
(A) a requirement for delivery of a written copy of the appeal and
grievance procedure to each tenant and applicant;
(B) procedures for informal dispute resolution;
(C) a right to a hearing before an impartial body, which shall consist
of one or more persons, with the power to render a final decision on the
appeal or grievance;
(I)) procedures for the appointment of the impartial hearing body;
(E) procedures for conducting such hearing, including the right to
present evidence without regard to formal rules of evidence, the right to
be represented by any other person and the right to a written decision
from the hearing body which shall be based solely on evidence presented
at the hearing; and
(F) a requirement that the sponsor extend any time period imposed
pursuant to a formal eviction procedure, including any filing in a court
of competent jurisdiction, during the pendency of the hearing.
(2) Neither utilization of nor participation in any aspect of the appeal
and grievance procedure shall constitute a waiver of or affect the rights
of the tenant, prospective tenant, or sponsor to a trial de novo or judicial
review in any judicial proceeding which may thereafter be brought in the
matter.
(f) If. upon annual recertification. a tenant's household income ex-
ceeds the eligibility limit for lower-income households, the tenant's
rental or occupancy agreement for the unit as an assisted unit shall termi-
nate six months after the notice of termination which sponsor must pro-
vide within one month of recertification.
( 1 ) The sponsor may approve one additional six-month extension oi
the rental or occupancy agreement if the rental housing development is
located in a market area where:
(A) the vacancy rate for rental housing is less than five percent: and
(B) the Fair Market Rent exceeds the average of the Fair Market Rents
for all metropolitan statistical areas in California. For purposes of this
subsection. "Fair Market Rent" means the most current Fair Market Rem
for Existing Housing for two-bedroom units, as published annually in the
"Federal Register" by the U.S. Department ol" Housing and Urban l)e\el-
opmeni pursuant to section 8(c)( I ) of the United Slates Housing Act of
1937.
(2) In rental housing developments containing nonassisted units, the
tenant shall have the right of first refusal for any available nonassisted
unit of a size consistent with the occupancy standards set forth in section
8121(a)(3) and (6). This right shall begin upon recertification and shall
expire upon termination of the tenant's rental or occupancy agreement
of the assisted unit.
(3) If the tenant provides to the sponsor additional evidence which es-
tablishes income eligibility prior to the expiration of the tenant's rental
or occupancy agreement, the tenant's lea.se shall not be terminated.
(4) If the assisted unit is subject to state or federal rules governing low-
income housing tax credits as referenced in section 8 1 1 1 (x ) or other fed-
eral or state housing assistance, those eligibility provisions shall govern
continued eligibility for occupancy, if necessary to permit participation
in such programs.
(5) If the tenant's income exceeds the limit for lower-income units es-
tablished by the sponsor pursuant to subdivision (b). that fact alone shall
not be cause for termination of the tenant's rental or occupancy agree-
ment or for requiring the tenant to vacate its unit, if the tenant's income
remains below the eligibility limit for lower-income househt)lds.
(6) In a limited equity housing cooperative where the household in-
come of a cooperative member occupying an assisted unit exceeds the
upper limit for lower-income households, the member shall not be re-
quired to vacate the assisted unit.
(A) After recertification and determinadon of ineligibility, the sponsor
shall immediately notify the member that the carrying charge will in-
crease to a market rate payment six months after said notification. Market
rate payment shall be the carrying charge paid for a comparable non-
assisted unit, without an allowance for utilities, or where there are no
comparable nonassisted units, the rent charged for comparable units in
the area. This market rate payment shall be subject to department approv-
al.
(B) The next available membership share for occupancy in a compara-
ble unit shall be sold to an eligible household until the mix between lower
and very low-income units required by the Regulatory Agreement is
achieved.
(g) If the income of a household residing in a very low-income unit
changes from very low-income to other lower-income at the time of re-
certification. the following shall apply:
(1) The household shall not be required to vacate the unit;
(2) The sponsor shall charge rent that does not exceed the current rem
allowed for any comparable lower-income unit pursuant to section 8 1 22.
or where there are no such units, the maximum rent which would be al-
lowed pursuant to section 8122;
(3) The sponsor shall designate the unit as a lower-income unit; and
(4) The sponsor shall designate the next available comparable assisted
unit as a very low-income unit until the mix between lower-income and
very low-income units required by the Regulatory Agreement as pro-
vided in section 8133(c) is achieved.
NOTE: Authority cited: Sections .S04()6(n). 50884 and .S089.S. Health and Safciv
Code. Reference: Sections 5089.17 and 50894. Health and Safety Code.
History
1 . New section filed 12-14-90 as an emergency: operative 12-l4-9()(Rcgisler9l,
No. 11 ). A Certificate of Compliance must be transmitted to O AL by 4- 1 5-9 1
or emergency language will be repealed by operation of law on the tbllowing
day.
Page 496.23
Register 92, Nos. 1 5 - 1 7; 4 - 24 - 92
§8122
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Repealed by operation of law on 4-16-91.
3. Mew seelion tiled 7-19-91 as an emergency: operative 7-19-91 (Register 92.
No. 16). A Ceititlcate of Complianee imisl be transmitted toOAL 1 1-6-91 or
emergency language will be repealed by operation of law on the follow ing day.
4. New section refilcd 1 1-13-91 as an emergency; operative 1 1-15-91 (Register
92. No. 16). A Ceilificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation ot law on the I'ollowing
day.
.S. Certificate of Compliance as to 11-1.5-91 order transmitted to OAL 12-12-9!
and filed 1-1.3-92 (Register 92. No. 16).
§ 81 22. Rent Standards.
(a)Thedeparlmenlshall establish initial rents for assisted units in each
coniinunity housing developtnent in accordance with the tables in section
6932 and the following:
( 1) At the time of initial occupancy of a unit, monthly rents for very
low-income units in a community housing development shall not exceed
30 percent of 35 percent of area median incorne. divided by 1 2, adjusted
by unit size pursuant to subdivision (a)(3), and with an allowance for util-
ity costs pursuant to subdivision (c). The unit size adjustment in subdivi-
sion (a)(3) is selected by identifying the size of the unit for which rent
must be determined and reading across to determine the applicable
household size for that unit. Area median income is determined by .select-
ing from the tables provided in section 6932 for the county in which the
unit is located, the amount of income provided as the very low income
standard for the "number of persons in the family," which equates with
the "applicable household size" identified in subdivision (a)(3).
(2) At the time of initial occupancy of a unit, monthly rents for lower-
income units in a community housing development shall not exceed 30
percent of 60 percent of area median income, divided by 1 2, adjusted by
unit size pursuant to subdivision (a)(3), and with an allowance for utility
costs pursuant to subdivision (c). The unit size adjustment in subdivision
(a)(3) is selected by identifying the size of the unit for which rent must
be determined and reading across to determine the applicable household
size for that unit. Area median income is determined by selecting from
the tables provided in section 6932 for the county in which the unit is lo-
cated, the amount of income provided as the lower-income standard for
the "number of persons in the family," which equates with the "applica-
ble household size" identified in subdivision (a)(3).
(3) Maximum rent calculated pursuant to (a)( 1 ) and (a)(2) above shall
be adjusted by unit size as follows:
Unit Size
Applicable Household Size
to Determine Rent Limit
0 bedroom
1 bedroom
2 bedrooms
3 bedrooms
4 bedrooms
5 bedrooms
1 person
2 persons
3 persons
4 persons
6 persons
8 persons
(b) The department shall establish initial rents for assisted units in each
congregate housing development in accordance with the tables in section
6932 and the following:
( 1 ) At the time of initial occupancy of a unit, monthly rents for very
low-income units in a congregate housing development shall not exceed
30 percent of 35 percent of area median income adjusted by unit size pur-
suant to subdivision (a)(3). divided by 1 2 and with an allowance for util-
ity costs pursuant to subdivision (d). For the purpose of determining ini-
tial rents, the sponsor shall configure the congregate housing
development into enough units so that two to ten households can be ac-
commodated in accordance with the occupancy requirements contained
in subdivision 8121 (a)(6) and as approved by the department. The unit
size adjustment in subdivision (a)(3) is selected by identifying the size
of the unit for which rent must be determined and reading across to deter-
mine the apphcable household size for that unit. Area median income is
determined by selecting from the tables provided in section 6932 for the
county in which the unit is located, the ainount of income provided as the
very low-income standard for the "number of persons in the family,"
which equates with the "applicable household size" identified in subdivi-
sion (a)(3).
(2) At the lime of initial occupancy of a unit, monthly rents for lower-
income units in a congregate housing development shall not exceed 30
percent of 60 percent of area median income adjusted by unit size pur-
suant to subdivision (a)(3). divided by 12 and with an allowance for util-
ity costs pursuant to subdivision (d). For the purpose of determining ini-
tial rents, the sponsor shall configure the congregate housing
developtnent into enough units so that two to ten households can be ac-
commodated in accordance with the occupancy requirements contained
in subdivision 8121 (a)(6) and as approved by the departinent. The unit
size adjustinent in subdivision (a)(3) is selected by identifying the size
of the unit for which rent must be determined and reading across to deter-
mine the applicable household size for that unit. Area median income is
determined by selecting froin the tables provided in section 6932 for the
county in which the unit is located, the amount of income provided as the
lower-income standard for the "number of persons in the family," which
equates with the "applicable household size" identified in subdivision
(a)(3).
(c ) The maximum rent to be charged to tenants in assisted units in com-
munity housing developments shall be determined by deducting from the
inaximuin amounts calculated pursuant to (a)( 1 ), (a)(2), and (a)(3) a util-
ity allowance for the appropriate unit size. The utihty allowance shall be
the allowance for monthly utility costs made or approved by the U.S. De-
partment of Housing and Urban Development pursuant to 24 CFR
§ 8 1 3. 102. In order to obtain the current utility allowances for cities and
unincorporated areas located in the following counties, please contact the
Department of Housing and Community Development, Attention: Hous-
ing Assistance Program, Post Office Box 952054, Sacramento, CA
94^252-2054 or phone (916) 324-7696:
Amador
Calavaras
Colusa
El Dorado
Glenn
Inyo
Lassen
Lake
Mendocino
Modoc
Mono
Nevada
Placer
SieiTa
Siskiyou
Trinity
Tuolumne
Utility allowances for the balance of cities and unincorporated areas
in California not located in the above noted counties may be obtained by
contacting the Housing Authority established for that county pursuant to
section 34240 of the Health and Safety Code.
( 1 ) Where a tenant does not directly pay for utihties, the utility allow-
ance deduction shall be zero.
(2) Upon demonstration by the sponsor that the amount of utility cost
per unit anticipated for the proposed project differs from the amount of
the udlity allowance per unit derived pursuant to subdivision (c), the de-
partment shall allow as a utility allowance use of the utility cost per unit
demonstrated by the sponsor. The demonstration by the sponsor shall
consist of the submittal of actual utility usage cost data per unit for an ex-
isting project constructed within the last five years, of the same type of
construction as the proposed project, and with the satne type of tenant
population as the proposed project.
(d) The maxitnum rent to be charged to tenants in assisted units in con-
gregate housing developments shall be determined by deducting from
the maximum amounts calculated pursuant to (b)(1) and (b)(2), a utility
allowance determined according to a methodology approved by the de-
partment prior to loan closing and based on the allocation of probable ac-
tual cost of utilities to households residing in the congregate housing de-
velopment. Such methodology shall incorporate actual utility usage cost
data per unit for an existing project constructed within the last five years,
of the same type of construction as the proposed project, and with the
same type of tenant population as the proposed project.
(e) For projects involving the rehabilitation of a rental housing devel-
opment, the after-rehabilitation rent for an assisted unit occupied by an
eligible household at the time of initial application to the program may
not exceed the greater of the rent charged at the time of initial program
application, or twenty-five percent (25%) of the subject tenant house-
hold's monthly gross income. In no event is the rent to exceed that which
would be charged pursuant to subdivisions (a) and (b), or (c) and (d)
above.
•
Page 496.24
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8123
(t) As used in this section "'reni" does noi include any pMyment lo a
sponsor under section 8 of the United Slates Housing Act of 1 937 or any
comparable federal or state rental assistance program.
(g) After the initial operating year, rents for assisted units may be ad-
justed no more often than annually. The amount of adjustment shall be
in accordance with the following:
( 1 ) Rents may be increased at a rate not to exceed the most recent annu-
al average perceniage change in the Western Region for residential rents
for all urban consumers as published by the United Slates Department of
Labor. Bureau of Labor Statistics in the monthly publication. "CPl De-
laiied Report." multiplied by ihe ratio of the previous year's budgeted op-
erating expenses attributed to assisted units, plus required reserves attrib-
uted to assisted units, lo the previous year's budgeted operating income
atlributed to assisted units.
(2) In addition lo the rent increase allowed pursuant to subdivision
(g)( 1 ). rents for assisted units shall be increased by an amount not to ex-
ceed the amount necessary to increase the operating income lo cover
changes in debt service
(A) on an adjustable rate loan secured by a mortgage on the rental
housing development, which was approved by the department as part of
the original project; or
(B) resulting from a refinancing of a loan for the project approved by
the department pursuant to subsection 8135(c).
(3) Notwithstanding the provisions of subsections (g)(1) and (g)(2).
rents shall be decreased, or the amount of the otherwise allowable in-
crease reduced, if there is a reduction in the amount of required payments
on an adjustable rate loan secured by a mortgage on the rental housing
development due lo a decrease in the interest rate for that loan or a reduc-
tion in operating costs. The aggregate monthly amount of this rent de-
crease, or reduction in an otherwise allowable increase, shall be equal to
the amount of the monthly payment reduction attributable to assisted
units.
(4) Any rent adjustment at the end of the initial operating year shall be
prorated based on the length of the initial operating year.
(h) The sponsor shall be allowed to implement a greater rent increase
for assisted units than that allowed in subdivision (g) if the sponsor can
demonstrate, to the department's satisfaction, that the increase is neces-
sary to pay for unusual or unforeseeable increases in costs related to the
assisted units and to preserve fiscal integrity. The sponsor shall not re-
ceive a greater rent increase on the grounds that fiscal integrity is threat-
ened by a shortfall in income, unanticipated expenses or other financial
problems aUributable to commercial space, nonassisted units, any sup-
portive service, or the job training and placement program.
(i) Any allowable rent increase or portion thereof not implemented in
assisted units by the sponsor in any given year shall not be accumulated
lor implementation in subsequent years.
(j) Where the assisted units are rent restricted as a condition of receiv-
ing low-income housing tax credits or other stale or federal rent subsidy
programs, the initial rent for assisted units and subsequent rent increases
shall be the lower of those permitted under this section or those permitted
under the applicable tax credit or other program.
(k)The sponsor shall submit requests for rent adjustments pursuant lo
subdivision (g) or (h) above as part of the annual operating budget pur-
suant to section 8138. If the department doesn't respond within sixty days
of receipt of the request, the request is deemed approved.
(/) Sixty days prior lo the time any rent adjustment is effective, the
sponsor shall provide written notice to eligible households of the adjust-
ment and the availability of informal meetings with the sponsor to review
the proposed rent adjustment. Upon request by any affected tenant, the
sponsor shall provide, in a timely manner, the information submitted to
the department pursuant to subdivision (g). (h) and (k).
NOTE: Authority cited: Sections 50406(n). 50884 and 50895, Health and Safety
Code. Reference: Sections 50881.5(b) and 50893.7(h), Health and Safely Code.
HlSTOt^Y
1. New section filed 1 2- 1 4-90 as an emergency; operative 1 2-1 4-90 (Register9j,
No. 1 I ). A Ccilificate ofCompliance must be transmitted to OAL by 4-15-91
or cmereencv laneuaee will he re|)eale(i hv operation of law on (he follow inn
day.
2. r^epealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency: operative 7-19-91 (Register 92.
No. 16), A Ceriificate ofCompliance must be transmitted lo OAL 1 1-6-91 or
emergency language will be repealed by operation of law on (lie foii()v\ ing day.
4. New section retlled 1 1-15-91 as an emergency; operative 1 1-1.5-91 (Register
92. No. 16). A Certificate ofCompliance must be transmitted to OAL .^-16 92
or emergency language will be repealed by operation ot law on the loll<iv\ i;ig
day.
5. Certificate of Compliance as to 1 l-L'^-91 order transmitted H) OAL 12 12-91
and filed 1-LV92 (Re-rrsier 92. No. 16).
§ 8123. Limits on Distributions.
(a) Sponsors other than governmental entities shall be allowed lo dis-
tribute earnings from the assisted portion of the rental housing develop-
ment in an annual amount no greater than 8 percent o\' its actual invest-
ment in the assisted portion. A sponsor shall not be subject lo any
limitation on the amount of distribution it receives from the nt)nassisted
portion of the rental housing development. For purposes of this seclion.
the assisted portion includes assisted units; the prorated share of common
space, determined pursuant lo section 8 1 1 4(e)(2); and the child care cen-
ter, if program funds are used to develop all or any portion of llie child
care center. The nonassisted portion includes units which are not assisted
units; the prorated share of common space attributable to those units, de-
termined pursuant to section 81 14(e)(2); any commercial space; and the
child care center, if no program funds are used to develop the child care
center.
(b) Except as noted in subdivision (c). actual investment, for ihe pur-
poses of this section, includes cash and the market value of property con-
tributed to the assisted portion of the project by the sponsor. For projects
receiving state or federal low-income housing tax credits, the amount of
actual investment recognized by the department for the purpo.se of calcu-
lating allowable distributions shall not exceed fifteen percent of the total
project development costs of the assisted portion of the project. Actual
investment does not include any payments of project funds to the spon-
sor. In syndicated projects, actual investment shall be nel syndication
proceeds as defined in section 8124.
(c) For a project involving only rehabilitation and no acquisition or re-
financing, actual investment is determined as follows; the market value
of the rental housing development prior lo rehabilitation, as determined
in an appraisal, less outstanding debt prior to rehabilitation, plus any cash
contributions to the project made by the sponsor, multiplied by the ratio
of the assisted portion to the entire rental housing development.
(d) A sponsor may not accumulate distributions from year to year. A
sponsor may deposit all or a portion of the amount permitted for distribu-
tions into a project account for distribution in subsequent years. Such fu-
ture distributions shall not reduce the otherwise permitted distribution in
those subsequent years.
(e) In its initial operating budget, the sponsor shall demonstrate to the
department the amount of the sponsor's actual investment on which the
allowable distribution will be calculated. The actual investment amount
shall be increased in subsequent budgets upon a showing of additional
actual investment advanced by the sponsor.
(f) Distributions shall be permitted only after the sponsor submits a
complete annual report and operating budget and the department deter-
mines that the report and budget demonstrate compliance with all pro-
gram requirements for the applicable year. Circumstances under which
no distributions shall be made include:
(1) when written notice of default has been issued by any entity with
an equitable or beneficial interest in the rental housing development;
(2) when the department determines that the sponsor has failed lo com-
ply with the department's written notice of any reasonable requirement
for proper maintenance or operation of the rental housing development;
(3) if all currently due and payable debt service and operating expenses
have not been paid; and
Page 496.25
Register 92, Nos. 15-17; 4-24-92
§8124
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) if the rcplacemenl reserve accouiil. operating reserve account, or
any other reserve accounts are not fully funded pursuant to section 8 1 39
and the Regulatory Agreement.
(g) Distributions of income attributed to the nonassisted portion of the
rental housing development shall not be subject to the requirements of
subdivisions (a) through (d).
(h) When operating income is greater than approved operating ex-
penses, regularly scheduled debt service, scheduled reserve deposits, ap-
proved prepayments, approved annual distributions, and any other dis-
bursements approved by the department, then the department shall
require that such excess be paid into the Account. For purposes of calcu-
lating the amount of excess funds pursuant to this subdivision, operating
income and expen.ses shall not include income or expenses from com-
mercial space or the nonassisted portion of the rental housing develop-
ment.
NOTli: Autliority cited: Sections 504()6(ii), 50884 and 50895. Health and Safety
Code. Reference: Section 50893.7, Health and Safety Code.
History
1 . New section filed 1 2-1 4-90 as an emergency : operative 1 2-1 4-90 (Register 9 1 .
No. 1 1 ). A Certificate of Compliance must be transmitted toOAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91 .
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL .VI 6-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-1.V92 (Register 92, No. 16).
§8124. Syndication.
(a) In the event that the project is syndicated during the term of the pro-
gram loan, the total amount of syndication proceeds retained by the spon-
sor, or any affiliates of the sponsor, in the form of fees or payments of any
kind, shall not exceed 25 percent of net syndication proceeds. Net syndi-
cation proceeds shall be calculated by deducting from gross syndication
proceeds all reasonable and ordinary costs of syndication, including ac-
counting, printing, financial consultant fees, legal fees, interest and fees
on gap financing used to pay development costs approved by the depart-
ment, syndicator fees, and government fees associated with creating a
limited partnership and securing tax credit allocations.
(b) Not less than 75 percent of any available net syndication proceeds
shall be applied toward project development costs approved by the de-
partment, exclusive of any fees or payments retained by the sponsor or
its affiliates, and, then, to the extent that funds are available, toward pay-
ment or prepayment, as applicable, of program loan interest and princi-
pal.
(c) Upon demand by local pubhc agencies that have contributed or
loaned funds towards project development costs, net syndication pro-
ceeds that would otherwise be applied towards program loan payments
may be allocated among these agencies and the department in amounts
in direct proportion to the ratio between the amount of their contributions
or loans and the amount of the program loan.
NOTE: Authority cited: Sections 50406(n), 50884 and 50895, Health and Safety
Code. Reference: Section 50893.7(d), Health and Safety Code.
History
1 . New section filed 1 2-14-90 as an emergency; operative 1 2-1 4-90 (Register 9 1 ,
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 1 1-15-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted to OAL 3- 16-92
or emergency language will be repealed by operation of law on the following
dav.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-LV92 (Register 92. No. 16).
§ 8125. Relocation Requirennents.
(a) For projects involving the new construction of a rental housing de-
velopment, the following shall apply:
( 1) The sponsor of a project resulting in displacement of residential
tenants shall be solely responsible for providing the assistance and bene-
fits set forth in this subdivision (a), and shall agree to indemnify and hold
harmless the department from any liabilities or claitris for relocation re-
lated costs.
(2) All tenants in occupancy in a property who are temporarily or per-
inanently displaced as a direct result of the development of the project
shall be entitled to relocation benefits and assistance as provided in chap-
ter 16 (commencing with section 7260) of Division 7 of Title 1 of the
Governtnent Code. Displaced tenants who are not eligible households
under this prograin shall be provided relocation benefits and assistance
from funds other than program funds.
(3) The sponsor shall prepare a relocadon plan in conformance with
the provisions of section 6038(b) of this Title based on the scope of the
project and the extent of anticipated temporary or permanent displace-
ment. The relocation plan shall be subject to the review and approval of
the department prior to the disbursement of program funds.
(4) All eligible households who are permanently displaced as a direct
result of the development of the project shall be entitled, upon initial oc-
cupancy of the rental housing development, to occupy assisted units sub-
ject to the tenant occupancy standards set forth in section 8121.
(5) All households which are not eligible households who are perma-
nently displaced as a direct result of the development of the project shall
be entitled, upon initial occupancy of the rental housing development, to
occupy any available nonassisted units.
(6) Notwithstanding the preceding paragraphs, tenants who are noti-
fied in writing prior to their occupancy of an existing unit that such unit
may be demolished as a result of funding provided under the program
shall not be eligible for relocation benefits and assistance under this sec-
tion. The form of any notices used for this purpose shall be subject to de-
partment approval.
(b) For projects involving the rehabilitation of a rental housing devel-
opment, the following shall apply:
(1) Tt shall be the sponsor's responsibility to ensure compliance with
the relocation provisions set forth in this subdivision (b). Loan funds may
be used for relocation costs attributable to the relocation of lower-in-
coine tenants as a result of the rehabilitation activities, including the pay-
ment of benefits required by this subdivision. The department may autho-
rize increases in the sponsor's approved loan amount for the purposes of
paying eUgible relocation costs attributable to lower-income house-
holds, which could not be reasonably foreseen by the sponsor at the time
of application. Eligibility for relocation benefits and theamount of bene-
fits to be paid shall be determined as set forth in this subdivision, although
additional requirements may be imposed by applicable federal, state, or
local laws.
(2) All tenants in occupancy in a property who are permanently dis-
placed as direct result of an acquisition funded in whole or in part with
program funds shall be entitled to relocation benefits as provided in sec-
tions 7260. 7261. 7262, 7264, 7264.5, 7269, 7269.1. 7272, and 7272.3
of the Government Code.
(3) In the case of an acquisition funded in whole or in part with pro-
gram funds, all existing residential tenants as well as residential tenants
who were in occupancy on the date that the sponsor entered into the bind-
ing agreement for the purchase of the property shall be provided with a
notice as specified herein no later than the date of application to the de-
partment for program funds. The notice shall contain all the following
statements:
(A) that the sponsor has entered into an agreement to purchase the
property;
(B) that the sponsor is applying for public funds for the purpose of ac-
quiring and rehabilitating the property;
Page 496.26
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^H126
fC) thai il' ihc sponsor's application is I'Linded and llie rehabilitation
work requires leiiiporary relocation, all residential tenants will be entitled
to return to their units; will be entitled to temporary relocation benefits;
and if low and moderate income as defined in section 50093 of the Health
and Safety Code, will not have any rent increases during the period of one
year from the completion of the rehabilitation work which result in a rent
that is greater than twenty-five percent of their incomes.
(1^) that all residential tenants who are permanently displaced as a di-
rect result of the acquisition may be entitled to financial benefits, which
could include moving expenses and rent differential during the period of
displacement as required by law;
(E) that if the application is funded, the sponsor will be required as a
condition o\' funding to conduct a tenant survey including a verification
of tenant's incomes and that a tenant's failure to provide complete and
accurate information may result in the loss of some of the financial bene-
fits described above; and
(F) whom to contact for further information or to make a claim.
(4) Any residential tenant who was in occupancy at the time of applica-
tion to the department for funds and who is displaced to accommodate
rehabilitation work shall be provided with temporary housing benefits
I'or a period of up to 90 days, and shall be given the option of returning
after rehabilitation to the unit from which he or she was displaced.
(5) Any residential tenant whose household income is low or moderate
as defmed in section .50093 of the Health and Safety Code shall be en-
titled to the following benefits and shall be subject to the following addi-
tional provisions:
(A) After-rehabilitation rents may not be raised to a level which ex-
ceeds twenty-five percent of that household's income for 1 2 months sub-
sequent to the completion of rehabilitation. A tenant whose income is low
or moderate, but refuses to provide the income information necessary to
establish rents pursuant to this subparagraph, shall not be eligible for re-
location benefits due to an increase in rent in excess of that permitted by
this subparagraph. Income surveys to ensure compliance with the re-
quirements ol' this paragraph and applicable relocation laws shall be
completed prior to disbursement of program funds.
(B) A residential tenant or household whose income is low or moder-
ate as defined in section 50093 of the Health and Safety Code shall be en-
titled to all relocation benefits provided pursuant to sections 7260, 7261 ,
7262, 7264. 7264.5, 7269, 7269.1. 7272, and 7272.3 of the Government
Code if such tenant or household is permanently displaced as a direct re-
sult of the rehabilitation work.
(C) A residential tenant or household whose income is low or moder-
ate as defined in section 50093 of the Health and Safety Code and whose
temporary displacement exceeds 90 days shall be deemed permanently
displaced and may elect to receive benefits on a monthly basis while re-
taining the right to reoccupy the previously occupied unit. When a tenant
elects to receive his or her permanent relocation benefits pursuant to this
subparagraph on a lump sum basis, the tenant shall be presumed to have
waived his or her right to return to the unit upon completion of the reha-
bilitation.
(6) All residential tenants shall be given a notice which specifies their
rights pursuant to this subdivision no later than the time of application to
the department for program funds. Any tenant's waiver of a right set forth
in this subdivision (b) must be in writing and must specify in detail the
relocation rights being waived.
(7) Any nonresidential tenant at the time of application by the sponsor
to the department for program funds shall be entitled to relocation assis-
tance and benefits to the extent required by apphcable law from funds
other than program funds.
(8) The sponsor shall prepare a relocation plan in conformance with
the provisions of section 6038(b) of this Title based on the scope of the
project and the extent of anticipated displacement. The relocation plan
shall be subject to the review and approval of the department prior to the
disbursement of program funds.
NOTt:: Aiiihorily cilccl: .Sections .^0406(11). .S()X84 and .^0S9.S. Health and Safety
Code. Reference; chapter 16 (commencing vvilh .section 7260). division 7. title ).
Government Code; section .^OXXO. Health and Safety Code.
HlSIOi^Y
1 . New section Hied 1 2- 1 4-90 as an emergency; operative 1 2~ 1 4-90 ( Register 9 1 .
No. 1 1 ). A Cenificale ol Compliance must be transmitted to OAL b\ 4- 1 5 9 1
oremercencv lanmiaiie will be repealed by operation of law on (he f()ll()v\inL'
day,
2. r^epealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19 91 (Register 92.
No. 16). A Cenificate of Compliance must be transmitted to OAL I 1-6-91 or
emergency language will be repealed by operation of law on the loliowing day.
4. New section refi led 1 l-l.S-91 as an emergency; operative 1 1-15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAI. .^- 16 92
or emergency language will be repealed by operation ol law t)ii the tollowiiiii
day.
5. Certificate ol'Complianee as to 1 1-15-91 order transmitted to OAL 12- 12-91
and filed 1-13-92 (Register 92. No. 16).
§ 8126. Construction Requirements.
(a) The department shall review and underwrite project plans and
specifications to ensure the following objectives:
( 1 ) The rental housing developtnenl shall have a minimum useful life
at least equal to the term of the loan;
(2) Maintenance, repair, and replacement costs shall be minitiii/ed
during the useful life of the rental housing development through use t)f
durable, low maintenance material and equipment and design featuies
that minimize wear and tear.
(3) Operating costs shall be minimized during the useful life of the
rental housing development.
(4) Tenant security shall be facilitated through features such as those
designed to prevent or discourage unauthorized access and to allow for
ready monitoring of public areas.
(5) Unit sizes, amenities, and general design features shall not exceed
the standard for new developments rented at or below the market rent in
the area of the project, and unit density shall not be substantially less than
the average for new developments with such units.
(6) The ability of households to care for their children shall be facili-
tated by unit and site design, such as siting or windows to facilitate watch-
ing children, and the use of appliances, such as intercotn systems.
(7) Elderiy and handicapped accessibility shall be facilitaied by fea-
tures and designs which at a minimum, meet the standards of Title VIII
of the Civil Rights Act of 1 968, as amended by the Fair Housing Amend-
ments Act of 1988 (42 U.S.C. 3601-3619 as amended by Pub. L.
100-430, approved September 13, 1988), and the regulations promul-
gated thereunder, regardless of whether the rental housing development
is "for first occupancy after March 13, 1991" as provided in those regula-
tions.
(b) The sponsor shall ensure that the construction work for the project
shall be performed in a competent, professional manner at the lowest rea-
sonable cost consistent with the project's scope, design and locality and
at an aggregate cost not in excess of the total funds available. The sponsor
may demonstrate the reasonableness of the proposed cost by soliciting
written bids based on a bid package distributed to potential contractors
located in the general area of the rental housing development or by the
use of other methods which adequately demonstrate to the department's
satisfaction that the costs are reasonable. Such bid package or other meth-
od shall include at a minimum;
( 1 ) complete plans and specifications for the work; and
(2) a full description of the program requirements for construction, in-
cluding the required provisions of the construction contract.
(c) The sponsor shall enter into a written contract with the selected
contractor. The contract shall be subject to the prior approval of the de-
partment to determine compliance with program requiretnents.
(d) The construction contract shall be a completely integrated agree-
ment containing all the understandings, covenants, conditions and repre-
sentations between the parties and, at a minimum, contain provisions
which;
Page 496.27
Register 92, Nos. 15-17; 4-24-92
§ 8127
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1) require that the contractor complete the work in accordance with
the plans and specifications approved by the department and applicable
local, state and federal laws, regulations and building codes and stan-
dards;
(2) require the contractor to proceed with and complete the work in ac-
cordance with the schedule for work approved by the department:
(3) specify a total contract price consistent with the project budget ap-
proved by the department;
(4) provide for a method of payment to the contractor consistent with
program requirements which shall include progress payments and reten-
tions;
(5) require that the contractor provide a payment bond securing pay-
ment to persons providing goods or services to the project and a perform-
ance bond securing faithful completion of the work. Each bond shall be
in an amount equal to 100 percent of the total contract price and include
the department as a dual obligee. The department shall waive the pay-
ment and performance bond requirements, or reduce their scope, upon
the sponsor's either:
(A) providing alternative security for payment and performance under
the construction contract which is substantially equivalent to the bond re-
quirements; or
(B) demonstrating that the bonds, or the full amount thereof, are not
necessary to protect the interests of the department and ensure comple-
tion of the work;
(6) permit the sponsor and the department and their designated agents
and employees the right to inspect the project site and all books, records
and documents maintained by the contractor in connection with the proj-
ect;
(7) require the contractor to provide insurance coverage consistent
with the program requirements and other applicable law;
(8) obligate the contractor to warrant the work for a period of not less
than one year:
(9) require that the contractor pay all amounts when due for labor,
work performed under a subcontract, and materials, supplies and equip-
ment provided to the project:
( 1 0) provide for the assignment of the construction contract to the de-
partment upon sponsor's breach of the Development Agreement:
(11) when program funds are provided as new construction financing,
require that the contractor comply with state prevailing wage law, as set
forth in Labor Code section 1720 et seq.; and
(12) include such special conditions applicable to the construction
contract as may have been imposed in connection with the department's
approval of the project for funding.
NOTE: Authority cited: Sections 50406(n), 50884 and 50895, Health and Safety
Code. Reference: Sections 50888.3, .50893, 50893.5 and 50893.7, Health and
Safety Code.
History
1 . New .section filed 1 2-1 4-90 as an emergency ; operati ve 1 2-14-90 ( Register 9 1 ,
No. 1 1 ). A Certificate of Compliance must be transmitted to O AL by 4- 1 5-9 1
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91 .
3. New section Hied 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Comphance must be transmitted to OAL 11-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-15-91 as an emergency; operative 11-15-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92, No. 16).
§ 8127. Supportive Services Requirements.
(a) Each community housing development shall include the following
features:
(1 ) a child care center which
(A) shall be built in accordance with state law as provided in Chapters
3.4 and 3.5 (commencing with sections 1 596.70 and 1596.90 respective-
ly) of Division 2, Health and Safety Code;
(B) shall be operated in compliance with state law as specilied in
Chapters 3.4 and 3.5 (commencing with sections 1596.70 and 1596.90
respectively ) of Division 2, Health and Safety Code, and may be operated
either directly by the sponsor or by a separate entity contracting with the
sponsor, provided that all contracts or lease agreements for the operation
of the child care center shall be subject to department approval;
(C) shall be licensed to care for at least the number of children ex-
pected lo reside in the rental housing development; this number shall be
calculated according to the following:
Unit size
1 bedroom
2 bedroom
3 bed rot) m
4 bedroom
# of Children
0
1
3
The sponsor may propose another reasonable method for calculating
this number, such as the number of children on an existing waiting list;
(D) provides care at a rate prior to closing, which is affordable to
hou.seholds residing in assisted units based on the household's gross
monthly income and family size, as approved by the department. For pur-
pose oi' this section, a rale shall be considered affordable if the fee
charged to the household does not exceed the amount published in the
most recent Family Fee Schedule CD-2600 or such other fee schedule
utilized by an agency which provides subsidies to the child care center
or to households using the child care center to care for their children; The
Family Fee Schedule CD-2600 is established pursuant to section
8263(f), Education Code and is available by written request to the Cali-
fornia Department of Education, Child Development Division, P.O. Box
944272, Sacramento CA 94244-2720, or by phone (916)322-6233.
(E) gives priority for space in the child care center as follows:
1. first to residents with children in assisted units who require child
care because of current or impending employment or to participate in the
job training and placement program described in section 8128; and
2. secondly to other residents with children who require child care be-
cause of current or impending employments;
(2) a children's play area which can accommodate at least the esti-
mated number of children residing in the rental housing development cal-
culated pursuant to (a)( 1 )(C) above in accordance with chapter 3.5 (com-
mencing with section 1596.90), division 2, Health and Safety Code;
(3) a common facility which is available on a reasonable basis to all
residents of the community housing development for community pur-
poses, such as shared meals, job training programs, or social functions.
The common facility may also be used as the child care center.
(4) At least one washer and dryer accessible for every ten units in the
community housing development.
(b) A sponsor of a congregate housing development shall implement
supportive services through a plan which provides for supportive ser-
vices at a maximum feasible level consistent with the size, design and
purpose of the proposed congregate housing development Prior to loan
closing, the plan must be approved by the department. At a minimum, the
plan shall:
(1) assist each household which requires child care because of em-
ployment or to attend employment training programs to find affordable
child care;
(2) provide adequate common .space to accommodate community pur-
poses such as sharing of meals or child care:
(3) provide at least one washer and dryer in a common space; and
(4) demonstrate that the project provides an outside play area for
households with children, or is located in close proximity to a play-
ground, park, or similar facility.
(c) Upon demonstration by a sponsor that a reasonable attempt was
made to obtain other funds for the construction of the child care center,
the department shall allow program funds to pay for eligible costs asso-
ciated with the child care center not funded by other sources. A sponsor
may demonstrate that a reasonable attempt was made by making applica-
tion to and receiving responses from three sources who provide construc-
tion financing for child care centers other than the department.
Page 496.28
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8129
(d) For projccis ihnt include un on-site child care center, the sponsor
shall develop a management plan lor the center, subjecl to department ap-
proval, prior to loan closing. The plan shall be consistent with this sub-
chapter and shall include the t'ollowing:
( 1 ) a description oilhe role and responsibility of the sponsor in manag-
ing a child care center;
(2) a description of the role and responsibility of either the manage-
ment agent or lessor, if a separate entity will be either managing the child
care center or leasing the child care center from the sponsor in order to
meet the requirements of (a)( I ) above on behalf ol' the sponsor;
(3) the proposed child care center management agreement or lease, if
any;
(4) a description of the age groups, and numbers of children within
each age group, for which care will be provided at the center;
(5) a description of the hours of operation at the child care center;
(6) personnel policy and staffing arrangements for the sponsor, any
management agent of the child care center, and any leaseholder of the
child care center;
(7) plans and procedures for publicizing and achieving early and con-
tinued use of the child care spaces;
(8) a description of the placement preferences for children in the child
care center, pursuant to (a)(l )(E) above;
(9) child care lee collection policies and procedures, including proce-
dures for annually determining the appropriate child care fee for each
household residing in an assisted unit, pursuant to (a)(1)(D) above;
( 10) a description of a program for maintaining adequate accounting
records and handling necessary forms and vouchers;
(11) complaint procedures;
( 12) equal opportunity provisions that apply to hiring staff and place-
ment of children in the child care center;
(13) plans for carrying out an effective maintenance and repair pro-
gram for the child care center; and
(14) provisions for periodic update of the child care center manage-
ment plan.
(e) The department shall allow a sponsor to include additional support-
ive services which are appropriate to the needs of the residents. These
may include, but are not limited to the following:
( 1 ) a supportive services needs assessment for each household;
(2) health care;
(3) mental health counseling;
(4) parent education;
(5) classes on living skills, budgeting and money management;
(6) contlict resolution;
(7) recreational programs; and
(8) services appropriate for elderly or handicapped residents.
(f) Participation by tenant in any supportive service program descrified
in this section shall not be a condition of occupancy for residents in rental
housing developments.
NOTH: Authority ciled: Sections 504()6(n). 50884 and 5089.S. Health and Safety
Code. Reference: Sections 50888.7. 50891.5 and 50893.9(a), Health and Safety
Code.
Hl.STORY
1. New section filed 12-1 4-90 as an emergency; operative 1 2-1 4-90( Register 91,
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91 .
?i. New section tiled 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certillcale of Compliance must bo transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the follow ing day.
4, New section refiled 1 1-15-91 as an emergency; operative 1 1-15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. CertilicateofComplianceas to 1 1-15-91 order transmitted to OAL 12-12-91
and filed 1-LV92 (Register 92. No. 16).
§ 8128. Job Training and Placement Program
Requirements.
(a) The sponsor shall submit for department apprt)val. as pari of the
application and again prior to loan closing, a job training and placement
program available to eligible households which shall include the follow-
ing components;
( 1 ) an ongoing effort lo as.sess employmeni opportunities in the area;
(2) an individual vocational assessment program which will assist a
resident in evaluating the types of employment that are available, the
types of employment that the resident is interested in pursuing, and the
education and skills training appropriate to the employment gt)als;
(3) training that provides remedial education in English, reading, writ-
ing, mathematics, and science, as well as skills development in the types
of employment opportunities that are generally available in the area;
(4) training lo develop job interview skills, such as resume writing,
personal appearance and presentation skills;
(5) a job placement component; and
(6) a detailed timeline indicating full implementation of the program
within 18 months of initial occupancy of the first assisted unit in the rental
housing development.
(b) The sponsor shall implement the job training and placement pro-
gram described in subdivision (a) either directly or through a consultant
or consultants pursuant to a contract which is subjecl to the approval of
the department. Implementation of the program may involve a system oi
referrals to other agencies that will provide the services set forth in sub-
section (a) to the eligible hou.seholds. Prior to loan closing, the sponsor
shall submit evidence of commitments for funding or .services necessary
to implement the job training and placement program described in sub-
section (a).
(c) The sponsor of a rental housing development shall propose and im-
plement a program of job training and placement within the rental hous-
ing development. Such a progratn shall include;
( 1 ) an identification of positions available in the management and op-
eration of the rental housing development, including the child care cen-
ter, the job training and placement program, and the on-site resident
manager, if any; and
(2) a program to provide training opportunities to eligible households
for the positions identified in (c)( I );
(3) a hiring preference in the positions identified in (c)( I ) for eligible
households of the rental housing development; and
(4) a detailed timeline indicating full implementation of the program
within 1 8 months of initial occupancy of the first assisted unit in the rental
housing development.
(d) Failure to participate in job training and placement programs de-
scribed in subdivisions (a) and (c) shall not constitute "good cause" for
termination of the tenancy of a resident in a rental housing development.
NOTE: Authority cited: Sections 50406(n). 50884 and 50895. Health and Salelv
Code. Reference: Sections 50888.5 and 50891.5. Health and Safety Code.
History
1 . New section filed 12- 14-90 as an emergency; operative 1 2- 14-90 (Register 9 1 .
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-1.5-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4- 1 6-9 1 .
3. New section filed 7-19-91 as an emergency: operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the follow ing day.
4. New section refiled 11-15-91 as an emergency: operative 1 l-L'i-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-L5-91 order transmitted lo OAL 12-12-91
and filed 1-13-92 (Register 92. No. 16).
§ 8129. Seismic Rehabilitation Improvement.
To be eligible to receive program funds for seismic rehabilitation im-
provements, a project must either;
Page 496.29
Register 92, Nos. 15-17; 4-24-92
§ 8130
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(a) involve a simcture which is identified as a poteniially hazardous
building by the local agency in which it is located, pursuant to section
8875. 1 of the Government Code; or
(b) involve a structure identified as hazardous in accordance with a
previously adopted city or county seismic safely ordinance adopted ptir-
suant to section 19163 of the Health and Safety Code.
NOTt:: Authority cited: Sections .'S()406(n). .S0884 and 50895. Health and Safety
Code. Reference: Section 50881.5(f).
Hi.STORY
1 . New seclion filed 1 2- i 4-90 as an emergency; operative 1 2- 1 4-90 (Register 91 .
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 4-1 5-9 1
or emergency language will be repealed by operation of law on the Coilowing
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. Mew seclion letlled 1 1-15-91 as an emergency: operative 1 1-15-91 (Register
92. No. 16). A Certitlcate of Compliance must be transmitted to OAL .^-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Cenificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92. No. 16).
Article 3. Application Procedures
§ 8130. Application Process.
(a) The department shall issue a Notice of Funding Availability
(NOFA) which specifies the schedule for rating and ranking applica-
tions, and awarding funds at least once every three months; the amount
of funds available in each award cycle; application requirements; the al-
location of raUng points; and the general terms and conditions of funding
commitments. ApplicaUons in response to each NOFA will be accepted
on a continuous basis.
(b) Within 45 days of the receipt of an application, the department shall
provide the applicant with written notice indicating whether the applica-
tion is complete pursuant to section 8131(c) and eligible for rating and
ranking pursuant to secfion 8132(a).
( 1) ]f the application is not complete, but has not been determined to
be ineligible for rating and ranking, the nofice shall specify the informa-
tion or documentation necessary to complete the application. Within 15
days of the receipt of any additional information or documentation from
the applicant, the department shall provide the applicant with written no-
tice indicating whether the additional information or documentation is
sufficient to determine that the application is complete.
(2) If the application is not eligible for rating and ranking, the notice
shall provide an explanaUon of the reasons for this determination.
(c) Funding decisions shall be based on arafing and ranking of applica-
fions determined to be complete and eligible for rating and ranking pur-
suant to subdivision (b).
( 1 ) An application must be received by the department and determined
to be complete and eligible for rating and ranking at least 45 days prior
to the completion of the next scheduled period of rating and ranking to
be assured of consideration in that rating and ranking.
(2) Within 15 days following the completion of each rating and rank-
ing, the department shall provide each applicant with a written notice in-
dicafing whether its application has been approved for funding. If an
application is not approved, the notice shall include an explanation of the
rating and ranking and the reasons for the disapproval.
(d) A project selected for funding shall be approved for a loan in the
amount, for the term, and subject to the conditions specified by the de-
partment.
(e) At least 20 percent of all program funds loaned by the department
shall be allocated to rural areas, to the extent that applications are made
from sponsors wiih projects located in rural areas and such applications
receive at least 60 percent of the total possible priority points during rat-
ing and ranking.
if) The department shall award approximately one-half of the avail-
able funds to projects located in the southern portion of the state and the
balance to projects located in the northern porfion of the state.
(1 ) The southern portion of the state includes the counties Imperial,
Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San
Luis Obispo, Santa Barbara, and Ventura.
(2) The northern portion of the state includes the remaining counties
of the state.
(g) The department shall award not less than 25 percent, nor more than
35 percent, of the funds to develop congregate housing developments.
(h) If necessary to satisfy the distribufion requirements specified in
subdivisions (e). (f) and (g), the department shall do one or more of the
following:
( 1 ) issue a special NOFA for rural projects, for projects located in the
southern or northern portion of the state, or for congregate housing devel-
opment or for community housing developments;
(2) award bonus points to airal projects, for projects located in the
southern or northern portion of the state, or for congregate housing devel-
opment or for congregate housing developments;
(3) reserve a portion of funds specified in the NOFA for rural projects,
for projects located in the southern or northern portion of the stale, or for
congregate housing development or for community housing develop-
ments.
Note: Authority cited: Sections 50406(n). 50884 and 50895, Health and Safety
Code. Reference: Sections 50H82(c), 50887, 50889.5 and 50891 , Health and Safe-
ty Code.
History
1 . New .section filed 12-14-90 as an emergency; operative 12-1 4-90 (Register 91,
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-9].
^. New seclion filed 7-19-91 as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operafion of law on the following day.
4. New section refilled 11-15-91 as an emergency; operative 1 1-15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-15-91 order transmitted to OAL 12-12-91
and filed 1-LV92 (Register 92. No. 16).
§ 8131. Application Requirements.
(a) Application shall be made on form HCD 793, dated 6/91, Family
Housing Demonstration Program Loan Application as set forth in sub-
section (b) This form is provided by the department.
(b) Form HCD 793, dated 6/91 , Family Housing Demonstration Pro-
gram Loan Applicauon:
Page 496.30
Register92,Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
S8131
HCD 793. 6/91
FAMILY HOUSING DEMONSTRATION PROGRAM
LOAN APPLICATION
Project Name
Project Location
Applicant *
Address
Contact Person
Applicant Telephone ( )
Consultant/Application Preparer
Consultant Telephone ( )
Zip Code:
County
FAX # (if available): ( )
FAX # (if available): ( )
* The applicant must be a currently organized legal entity.
Instructions: Fill out the application completely. If an attachment is included with the application, check the "yes" column in the checklist below. If an
attachment is not included, check "no" and note the reason on the "comments" line. Please use labeled tabs for all attachments, organized according to this
checklist, with attachments placed at the end of the complete application.
A. Project Summaiy
No Attachments
YES
NO
COMMENTS
B. Applicant
Attachment Bla
Attachment Bib
Attachment BIc
Attachment B3
Attachment B4
Attachment B5
Attachment B6
Attachment B7
Attachment B8
Partnership Agreement
Financial Statements
Resolution/Authorization
Applicant's Staff
Development Team
Property Management
Development Experience
Ownership Experience
Applicant's Programs
Supportive Services
Attachment CI
Attachment C2
Attachment C4
Child Care Development
Child Care Funding
Child Care Management
Attachment C5
Attachnient C6
Attachment C7
Attachment C8
Attachment C9
Child Care Experience
Child Care Need
Child Care Staffing
Congregate Child Care
Other Support Services
Page 496.31
Register 92, Nos. 1 5 - 1 7; 4 - 24 - 92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
D. Job Training
Attachment Dl
Attachment D2
Attachment D3
Attachment D4
Jobs Program
Jobs F^roviders
Jobs Coordinator
Project Jobs
E. Project Cash Flow Analysis
Attachment E2 Operating Expenses
Attachment E3 Child Care Operator's Expenses
Attachment E4e Operating Subsidies
F. Development Budget
No Attachments
G. Project Financing
Attachment Gl Sources & Uses
Attachment G2a Loans
Attachment G2b Grants/E>onated Land
Attachment G2c Contributions
Attachment G2d Syndication Proceeds
H. Site Information
Attachment H3
Attachment H4
Attachment HS
Attachment H6
Attachment H8
Attachment H 11
Attachment HI 2
Attachment H13
Attachment H14
Site Control
Preliminary Title Report
Site Appraisal (New)
Building Appraisal (Rehab)
Vicinity Map
Toxics Survey
Utilities
Soils Report
Off-site Improvements
Page 496.32
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8131
I. Local Government Approvals
Attachment II Zoning
Attachment 12 Conditional Use Permit
Attachment 13 Parcel Map
Attachment 14 Article XXXIV
Attachment 16 Local Government Letter
J. Relocation
Attachment J la Occupancy & Relocation
Attachment Jib Tenant Notice
Relocation Plan
Attachment J2a Description of Condition
Attachment J2b Relocation Benefits
Attachment Jlc
K. Design
Attachment K2
Attachment K9a
Attachment K9b
Attachment K9c
Attachment K9d
Attachment K9e
Attachment K9f
Attachment KlOa
Attachment KlOb
Attachment KlOc
and Construction
Foreclosure
Existing Conditions
Inspection Reports
Proposed Rehabilitation
Rehab Estimates
Seismic Report
Resume
Materials Description
New Construction Estimates
Scbemabc Drawings
L. Project Timeline
No Attachments
M. Local Need and Local Assistance
Attachment Mia Length of Wait for Units
Attachment Mlb Rents and Vacancy Rates
Attachment Mlc High Rental Comparison Costs
Attachment M2 Financial Commitment Assist.
Attachment M3 Housing Element Letter
Page 496.33
Register 92, Nos. 15- 17; 4-24-92
§ 8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SECTION A: PROJECT SUMMARY
1 . Check all that apply:
Community housing Congregate housing
New construction Acquisition Conversion
General rehabilitation Seismic rehabilitation Reconstruction
Multi-family units Single family unii(s) Includes commercial space
2. Proposed FHDP loan amount: $
3. Proposed term of loan:
a. Rehabilitation only: [ ] 20 years [ ] other:
b. Acquisitionyiefinancing & rehabilitation: [ ] 30 years [ ] other:
c. New constmction: [ ] 40 years [ ] other:
4. Proposed term of program regulatory agreement:
How many years in addition to the minimum required by Section 8115(b) of the regulations are you committing to maintain rent and occupancy
restrictions similar to program restrictions? Note, this answer affects your rating score. Refer to regulation subsection 8132(cXl)(B).
5. Total units:
Total assisted units:
Percentage of units that are assisted (at least 30% of total project units): %
6. Total very low-income assisted units:
Percentage of assisted units that are very low-income (at least two thirds of assisted units): %
7. Total elderly units:
Percentage of community housing units that are elderly (20% - 30%): %
Peiceniage of congregate housing units (households) that are elderly (<50%): %
8. Specify any proposed limits on occupancy, such as a specific type of tenant peculation, beyond those required by FHDP.
9. If the project includes commercial space, describe:
10. Provide the names of the state legislators for the site location:
Assembly:
Senate:
Page 496.34 Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs ^^^-^*
SECTION B: APPLICANT
1. The applicant is a (check one):
[ ] public agency [ ] cooperative [ ] limiied equity housing cooperative
[ ] nonprofit corporation [ ] joint venture
[ ] limited partnership with a nonprofit corporation as its managing general partner
a. If applicant is a limited partnership with a nonprofit corporation as its managing general partner or if applicant is a joint venture, list all
general partners and attach agreement
b. Unless applicant is a public agency, attach either (1) audited financial statements or (2) unaudited financial stfitements and tax returns
for the past two years. If applicant is a limited partnership, include the requested information for the nonprofit managing general partner.
If applicant is a joint venture, include the requested information for each partner.
c. Attach a resolution authorizing this application. (See the attached SAMPLE RESOLUTION.)
Is any syndication or transfer of ownership to another entity planned prior to occupancy? Yes No If yes, describe below. Provide
the name of the new ownership entity, if known. If it is a limited partnership, list the general partners and the entities with which Ihey are affiliated.
Attach a list of the appUcant's staff assigned to the development phase of this project, providing their name, job title, job description, resume, and
percentage of time assigned to this project. If applicant is a nonprofit corporation, attach a list of the board of directors and include a description
of their related experience.
Attach a list of the key members of the project development team, including the architect, and contractor, if selected. For each, indicate what their
contract or en^loyment status is, and attach a resume or qualifications statement for each. Attach actual or proposed consultant contracts which
clearly indicate the scope of work to be performed.
Property management wUl be performed by:
The applicant or an entity affiliated with the applicant.
A currentiy identified management firm, under contract to the applicant
A currently unidentified management firm, under contract to the appUcanL
If the applicant plans to manage the project or contract with a currently identified management firm, attach a list of projects cutrently under
management Use the following format:
Development Name:
Site Address:
Number of units: subsidized: market: total:
Subsidy program:
Page 496.35 Register 92, Nos. 15-17; 4-24-92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
6. Development Experience: Attach a description of rental housing projects sinrrilar to the proposed development that the applicant or project manager
has developed using the following format for each project The "project manager" may be a staff person cm^ consultant They must have clear
responsibility for day-to-day project development activities for the proposed project throughout the development period (from proposal to
construction completion). Applicant or Project Manager roles typically should be one or more of the following: developer, development consultant
or staff for the prior experience indicated. If claiming experience in staff role, indicate specific responsibilities and job title.
Ap]dicant/Project nnanager name:
Number of units: subsidized: market:
Subsidy program:
Major construction lender:
Construction completion date: / /
New construction: or rehabilitation:
Development name:
Apfiacatt/^EfanBngx
total:
major permanent lender:
building type:
Ownership Experience: Attach a description of rental housing project similar to the proposed development which the applicant or applicant's staff
has actively owned. "Actively owned" for applicants means serving as the sole owner or managing general partner of the ownership entity. For
applicants' staff, "actively owned" means (1) serving as staff responsible for ownership duties (including oversight of property management) in an
organization that actually held tide or (2) serving as the sole owner or managing general partner of the ownership entity.
Applicant/Applicant staff:
Role:
market:
Development name:
Number of units: subsidized:
Subsidy program:
Major construction lender:
Construction completion date: / /
New construction: or rehabilitation:
total:
major permanent lender:
building type:
In an attachment, briefly describe each program/project that the applicant is currently implementing.
9. List below any program or financial assistance that the applicant has received from HCD.
Program Contract # Amount Date HCD Contact
Page 496.36
Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs ^ ^^^^
SECTION C: SUPPORTIVE SERVICES
1. Attach a resume describing the relevant experience of the members of the project development team that will be responsible for assuring that the
on-site child care center is developed in accordance with all applicable local, state, and government requirements.
2. If FHDP funds are being requested to pay for costs in excess of 50% of the total costs associated with developing the child care center, attach
documentation that the applicant made a reasonable attempt to obtain other funding for the construction of the child care center. Such
documentation should include evidence that the applicant made application to and received responses from at least three funding sources other than
the departmenL
3. The on-site child care center will be operated by (check one):
the sponsor
a separate entity contracting with the sponsor to manage the center
a separate entity leasing the center
4. If the sponsor plans to operate the center by having it managed by or leased to a separate entity, attach the following:
a. a description of the legal status and governing sb-ucture of the operator,
b. a description of the role and responsibility of the sponsor, leaseholder or management agent. Specifically address the foUowing areas
of responsibility: center start-up; financial management, including securing subsidies; personnel; program development;
5. Attach a resume(s) or other information describing the experience of the organization and individual proposed to be responsible for the operation
of the child care center. Include details on their experience in operating subsidized child care programs.
6. Attach information on the need in your community for infant, preschool, and school-age child care services. Provide information on nuirkct rates
in your community for these services. (Note: the local Child Care Resource and Referral Agency will have this information.)
7. Attach a description of the staffing plan of the child care center. (Staffing ratios should correspond to the number and type of child care spaces
contained in Section E.l.a.) Attach proposed job descriptions, and actual resumes, if available.
8. For congregate housing developments, provide an explanation of why it is not feasible to develop an on-site child care center as part of your projecL
For developments that are not providing a child care center, attach a detailed description of the alternative plan to assist each household which
requires child care.
9. Attach a detailed description of the supportive services, other than child care, which will be provided to the residents. Include a description of the
foUowing:
a. Explain who will provide the services, including a description of their previous experience at operating similar supportive services;
b. Explain how the services will be paid for,
c. Estimate the value of the services on an annual basis.
Page 496.37 Register 92, Nos. 15- 17; 4-24-92
§ 8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SECTION D: JOB TRAINING AND PLACEMENT PROGRAM
1. Attach a detailed description of how your development's job training and placement program wiU work. Include in your description the following:
a. an assessment of the employment barriers of prospective FHDP households;
b. the goals of your program;
c. the components of your program, which at a minimum should include the following (described in Section 8128 of the FHDP regulations):
i. individual vocational assessment;
ii. remedial education and employment skills development;
iii. job interview skills development;
iv. job placement, including a description of the major employment opportunities in the area that could be available to residents.
d. implementation of your program. Include how these services will be delivered to FHDP households, including marketing, lefenals, and
foUow-up.
2. Describe who will be responsible for each component of your program. For each component include the following:
a. history and experience of program operators (i.e. brochures, annual reports, etc.);
b. letter of interest from program operators;
c. estimated value of services to be provided to FHDP households on an annual basis (i.e., JTPA training and related benefits).
3. If your program wiU employ a project-based coordinator, explain job duties and how the position will be funded. (Funding for position should be
reflected in Section E.)
4. Attach a description of all employment opportunities in the management and operation of the rental housing development (including the child caie
center and the job training program) that will be available to FHDP households. Include the following descriptions:
a. type of jobs available;
b. bow residents wiU be trained;
c. who will provide training.
Page 496.38 Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8131
SECTION E: PROJECT CASH FLOW ANALYSIS
Monthly Operating Income
Child Care Spaces In The Child Care Center:
AfCordablllty
Typa of Child
Monthly F«a
# of Cblldran
Total Monthly r*a
Very Low-Income *
Infant
Preschool
School Age
VLI Total
Lower-Income *
Infant
Preschool
School Age
LI Total
Market SpacQs
Infant
Preschool
School Age
MS Total
Total
To calculate the monthly fee for very low-income and lower-income spaces, use the Family Fee Schedule and assume tne
following:
Low-income households at 60% of area median income
Very low-income households at 35% of area median income
Incomes below the minimum income listed on the Family Fee Schedule pay nothing.
Page 496.39
Register 92, Nos. 15-17,4-24-92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Assisted Units In A Community Housing Development;
Assisted units
# of
Bedrooms
Square
Feet
Gross
Mon . Rent
Utility
Allowance
Net Monthly
Rent
# of
Units
Total
Very Low- Income
SRO
S
s
$
S
Studio
5
$
5
$
1 Bdrm
$
S
$
$
2 Bdrm
S
5
$
S
3 Bdrm
$
S
$
S
4 Bdrm
$
S
S
S
VLI Total
5
Lower Income
SRO
$
$
?
5
Studio
$
3
$
S
1 Bdrm
$
5
$
5
2 Bdrm
s
S
$
S
3 Bdrm
s
5
$
?
4 Bdrm
$
^
s
S
LI Total
Assisted Unit
Total
$
Page 496.40
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
{^8131
Nonassisted Units In A Community Housing Development:
Nonassisted Units
# of
Bedrooms
Square
Feet
Gross
Mon . Rent
Utility
Allowance
Net
Monthly
Rent
# of
Units
Total
Very Low-Income *
SRO
$
$
3
-
$
Studio
3
5
3
3
1 Bdrm
5
3
S
3
2 Bdrm
5
3
3
3
3 Bdrm
5
s
3
S
4 Bdrm
1 __
3
3
5
VLI Total
3
Lower Income **
SRO
$
3
3
5
Studio
$
3
5
3
1 Bdrm
S
3
5
$
2 Sdrm
$
S
3
3
3 Bdrm
s
S
3
3
4 Bdrm
s
3
3
3
LI Total
3
Market-Rate
SRO
s
3
3
Studio
$
3
3
1 Bdrm
$
3
3
2 Bdrm
3
$
3
3 Bdrm
3
S
3
4 Bdrm
3
3
3
MR Total
3
Nonassisted Unit
Total
3
Very low-income nonassisted units are units that have long term rent and occupancy restrictions that equal or
exceed those required by the federal tax-credit program. Allowable rents cannot exceed 30% of 50% of the area
median Income, less a reasonable utility allowance. The maximum allowable income for a household occupying a
unit is also 50% of the area median income.
Lower income nonassisted units are units that have long term rent and occupancy restrictions that equal or
exceed those required by the federal tax-credit program. Allowable rents cannot exceed 30% of 60% of the area
median Income, less a reasonable utility allowance. The maximum allowable income for a household occupying a
unit is also 60% of the area median income.
Page 496.41
Register 92, Nos. 15-17; 4-24-92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
d.
Congregate Housing Developments:
Family Income
Level
Family
Size
Gross
Mon. Rent
utility
Allowance
Net Monthly
Rent
# of
Families
Total
Very Low-Income
1
5
S
5
S
2
S
$
S
S
3
S
$
S
S
4
S
s
$
5
5
S
$
$
$
6
S
s
$
S
VLI Total
$
Lower Income
1
$
$
$
$
2
$
$
5
S
3
$
$
5
$
4
5
$
$
$
5
$
s
$
$
6
$
s
$
$
LI Total
$
Nonassisted
1
S
$
s
2
S
§
5
3
$
S
S
4
$
$
S
5
$
$
5
6
s
$
$
NA Total
5
Total
$
Commercial Space:
Space
Designation
Square
Feet
Monthly
Rent
Monthly
Surcharge
Total Monthly
Income
Page 496.42
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
iJ813l
2. Annual Operating Expenses
Provide estimates for the first full year following Initial occupancy. On an attached sheet, describe the basis for the estimate
for each line item. Except for the on-site child care center, show expenses for all supportive services and for the joo
training and placement program in the assisted and nonassisted unit columns. For the on-site child care center, show only those
expenses in the child care column that the project sponsors pays.
Child Care
Assisted
Nonassisted
Commercial
Total
MANAGEMENT
a. Sponsor Overhead
b. Contract Management Fee
ADMINISTRATION
a. Leases
b. Marketing/Advertising
c. Audit
d. Legal
e. Transportation (Vehicle Maintenance)
f. Telephone
g. Business Licenses
h. Misc. Administrative Expenses
i. TOTAL ADMINISTRATION
SPONSOR SALARIES AND BENEFITS
(include rent discounts)
a. On-site or Off-Site Manager
b. Assistant Manager
c. Grounds £ Maintenance Personnel
d. Janitorial Personnel
e. Job Trainlng/Eitipioyment Personnel
f. Child Care Center Personnel
g. Other Supportive Services Personnel
h. Other (Specify)
i. TOTAL SALARIES AND BENEFITS
MAINTENANCE
a. Supplies
b. Elevator Maintenance
c. Pest Control
d. Grounds Contract
e. Interior Painting & Decorating
f. Furniture, Fixtures & Equipment
(indoor /outdoor)
g. Other
h. TOTAL MAINTENANCE
Page 496.43
Register 92, Nos. 15-17; 4-24-92
§ 8131
BARCLAYS CALIFORNIA CODB: OF REGULATIONS
Title 25
Child Care
Assisted
Nonassisted
Commercial
Total
UTILITIES NOT PAID BY TENANTS
a. Trash Removal
b. Electricity
c. Water and Sewer
d. Gas
e. TOTAL UTILITIES
INSURANCE
a. Property & Liability Insurance
b. Bonding
c. Other (Specify)
d. TOTAL INSURANCE
TAXES
a. Real Estate Taxes/PILOTS
b. TOTAL TAXES
OTHER
a. Tenant Mgmt ./Training & Education
b . Food
c. Medical Expenses
(Including First Aid Supplies)
d. Transportation of Residents/Children
e. Job Training & Employment Program
f. Books and Supplies
g. Other (Specify)
h. Other (Specify)
i. TOTAL OTHER:
TOTAL OPERATING EXPENSES
Page 496.44
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8131
Child Care Center Operator's Income and Expenses
Provide estimates on this form for the child care center operator's income and expenses for the first ftill year of operation,
only if the project sponsor will contract with a separate entity to operate the on-site child care center. On an attached sheet,
describe the basis for the estimate for each line item.
L^COME
aiTDGST
ACTOAL
1. Parent Fees
2. Child Care Food/National Lunch Program
3. Reimbursement for GAIN children
4. Reimbursemcni for WIN children
5. Reimbursement from State Depl. of Education
6, Reimbursement from JTPA
7. Lease Payments
8. Other (Specify)
a.
b.
c.
d.
9. TOTAL INCOME
vLwoffsm^
10. Care and Services
a. Food
b. Housekeeping - Cleaning supplies
Laundry and dry cleaning
c. Equipment for programs and recreational activities
d. Books, newspapers, magazines, etc.
e. Medical expenses (including first-aid supplies)
f. Transportation for clients
11. General Administration
a- Salaries (professional, clerical, housekeeping, etc.)
b. Fringe benefits (Unemployment Insurance, Worker's Comp., OASDI,
retirement fund)
c. Transportation (Gen.) Auto maintenance, insurance
d. Telephone
e. Office supplies, postage, etc.
f. Advertising, publicity, printing, etc.
g. Business licenses, professional memberships, conference cost, etc.
h. Bonding and public liability insurance
i. Fire insurance
12. Fliysical Plant
a. Rent, lease, or mortgage payments
b. Taxes (on personal and real property)
c. Utilities: Gas
Electricity
Water
d. Rubbish and garbage collecuon
e. Maintenance and repairs: For equipment
For buildings and grounds
f. Furniture and equipment
13. TOTAL EXPENSES
■^
Page 496.45
Register 92, Nos. 15-17; 4-24-92
§8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
First Year Cash Flow Analysis
Provide information on the cash flow of the rental housing development for the first full year of operation. Information in the
child care column should reflect income and expenses to the project sponsor only.
Operating expenses:
per unit per year
Replacement reserve deposit: % of unit construction cost (not less than 0.6%)
Operating reserve deposit: % of annual operating expenses (approx. 3%)
The maximum possible annual sponsor distribution from assisted unit cash flow is 8% of the sponsor's actual
investment in the assisted unit and child care center development cost. The maximum possible annual sponsor
distribution from assisted unit and child care center cash flow in this project is $ , based on
an actual investment in the assisted units and chUd care center of $
In an attachment, describe all rental subsidies, child care subsidies, and other support services subsidies that are part
of the effective gross income in the furst year cash flow analysis below. Give details on the source of the liinds,
the number of years that the funds are available for, the status of the funding commitment, limitations on use of the
funds and any repayment terms.
Child Care
Assisted
Nonassisted
Commercial
Total
1. Potential gross income
$
$
5
S
$
2. Misc. Income (laundry, phone,
vol. services charges, etc.)
$
S
$
S
S
3. Total potential gross income
$
S
5
$
$
■1. Vacancy & collection loss
($ )
(S )
(S )
(5 )
(S )
5. Rental subsidies
$
S
S
$
6. Child care subsidies
$
s
$
s
7. Other support services
subsidies
$
$
$
5
8. Annual effective gross income
$
$
$
$
5
9. Operating expenses
(from Section E.2.) :
($ )
<s )
(5 >
($ )
(5 )
10. Net operating income:
$
5
$
S
$
li. Replacement reserve deposit:
(S )
(S )
(5 >
(5 )
(S )
12. Operating reserve deposit:
(5 )
(S )
($ )
($ )
(5 )
13. Transfer of Income From Acct.*
(S )
(S )
($ )
($ )
(S )
1<I . Transfer of Income to Acct.*
15. Debt service (other loans) :
(5 )
($ )
(5 )
(S )
(S )
16. Sponsor distributions:
($ )
($ )
(S )
(S )
(S )
17. FHDP interest payments:
($ )
(S )
($ )
18, FHDP interest deferred:
($ )
(S )
$
* List income from nonassisted units
child care center; or income from a
totals of lines 13 and 14 should be
or commercial space used to subsidize assisted units or
ssisted units used to subsidize child care center. The
zero.
Page 496.46
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8131
SECTION F: DEVELOPMENT BUDGET
Submit your developmenc budget on the following form. Do not provide your own spreadsheet as a substitute. Show costs of
syndication and developer's fees from syndication proceeds under Section G.2.d. of this application. Do not include these costs
on this form. For projects with nonassisted units and/or commercial space, prorate common area costs that cannot be directly
.attributed to each use based on the gross floor area of each use as a percentage of the total space.
•
Child Care
Assisted
Nonassisted
Commercial
Total
1. SITE/BUILDING ACQUISITION COST
2. SITE/BUILDING VALUE BEYOND COST
3. OFF-SITE IMPROVEMENTS
4. SITE IMPROVEMENTS & LANDSCAPING
5. UNIT CONSTRUCTION (including contingency)
6. CONSTRUCTION FEES
a. Local permits & fees
b. Architecture & Engineering fees
c. Survey
d. Bond premium
e. Phase I Environmental Study
f. Other
CONSTRUCTION FEES SUBTOTAL
7. GENERAL DEVELOPMENT COSTS
a. Construction lender financing fee %
b. Construction loan interest months
@ % on $
c. Real estate taxes
d. Risk/liability insurance
e. Permanent lender financing fees %
f. Appraisal fee
g. Legal fees
h. Consultant fees
i. Title i escrow fees
j. Tenant Relocation
k. Furnishings/Equipment
1. Rent-up: marketing
m. Rent-up: vacancy
n. Initial Operating & Replacement Reserve
o. Post-construction Audit
p. Other
q. Other
GENERAL DEVELOPMENT COSTS SUBTOTAL
8. ADMINISTRATIVE EXPENSES
9. TOTAL DEVELOPMENT COST
Page 496.47
Register 92, Nos. 15- 17; 4-24-92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
SECTION G: PROJECT HNANCING
Sources and Uses
Provide spreadsheets with a b'eakdown of development costs listed in the left hand column and the sources of funds spread across ihe top row,
in as many columns as necessary. Prepare separate spreadsheets for the construction pehod and the period when permanent financing is in place.
In the body of the spreadsheet, show which line items each source wili be used to pay. Use FHDP Development Budget categories, shown in the
following sample, to aggregate costs.
ilil
liiiill
iiSi'ilii
iiiliiiili
fi^^^§M
W^^SMI:
M^^f^i/^rMMi^.
;|::;||!lwi|ii:icii^:;|||
i||ii|ii|i»:|
|;i
mmMmM
S|teAcqal!t{tiDti
B«3HMHi Cost
Vm CiiMi>^xii<c(iai)
Total Deyi^ment:
FINANCIAL Sl^UMAKY
lies iPasitlm
ig:
Lta»Typ^
;|
Tftrttt
A»m»i ll«te
Page 496.48
ister 92, Nos. 15-17; 4-24-92
•
Title 25 Department of Housing and Community Development Programs ^ ^ ^ -^ ^
2. Sources Descriptions and Documentation
In an attachment, provide the information requested below for all loans (including FHDP), all grants and all owner
contributions which will be used to pay the project development cost. Include any construction or interim loans. Attach
commitment letters or letters of intent that have been received, or executed promissory note and deed of trust if loan is in
place. To receive credit for site/building value, beyond site/building acquisition costs, (1) list this extra value under questions
b.2. or b.3. below and on the development budget on the previous page, and (2) submit an appraisal of the site/building in
response to questions H5 and H6. For lien position (line a7), indicate by the following coding: 1 = first; 2 = second; J =
Junior; E = Equity; U = Unsecured. The FHDP loan may be subordinate to institutional lenders, but must be senior to other
government liens.
a. Loans
1. Lender: Contact: Phone #:( )
2. Loan terms: $ , at % (fixed rate), amortized over years, due in
years. ARM loan terms:
3. Loan Type:amortized deferred/residual receipts: bridge: residual receipts:
4. Amount of balloon payment, if applicable: $
5. Debt service: P & I? or interest only? payment = $ /month,
$ /year.
6. Status: proposed: committed: funded:
7. Lien Position:
b. Grants (Including Donated Land, Fee Waivers, etc.)
1. Donor: Contact: Phone: ( )
2. Amount: $ Name of program, terms and limitations
3. Status: Proposed: Committed: Owned:
Funded:
c. Owner/Managing General Parmer Contributions
1. Amount:
2. Sources:
Limited Parmer Contributions (Syndication Proceeds)
1. Gross Syndication Proceeds:
2. Costs of Syndication:
3. Net Syndication Proceeds:
4. Developer's Fee (up lo 25% of net):
5. Condibution to Project Costs:
6. Attach a description of how Uie estimate of gross syndication proceeds was arrived at, the timetable fcff
gross syndication pay-ins and a breakdown of the sponsor's costs of syndication.
Page 496.49 Register 92, Nos. 15-17; 4-24-92
{? 8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SECTION H: SITE INFORMATION
1 . Site location by numbered street address, if determined, or by intersection of cross streets:
2. Size of site: acres # of parcels:
3. The applicant has legally enforceable site control, evidenced by one of the following:
fee title purchase contract
option to purchase leasehold interest
disposition & development agreement
Attach complete evidence of site control (all documents comprising the agreement, with signatures by all parties). If the
project is composed of more than one parcel, or there is more than one document provided to evidence site control, attach
a narrative explanation describing clearly each parcel and each document.
4., Provide a current (no more than six months old) preliminary title report If the applicant is the current owner, the report
should show them as such.
5,, For a new construction project, complete the attached LAND SALES COMP ARABLES FORM or provide an appraisal of
the project site done within the last 12 months.
6,. For a rehabilitation project, complete the attached BUILDING SALES COMP ARABLES FORM or provide an appraisal of
the property done within the last 12 months.
7,. Approximate distance to:
Schools Park
Food market Pharmacy
Hospital Fire department
Public transportation (specify type)
8. On a vicinity map, identify the location of the project, the location of die comparable land sales requested in 5 & 6 above
and the items listed in 7 above.
9. Is the property in a flood plain? Yes No If yes, explain design features that will mitigate this potential hazard.
10. Describe any adverse site features such as location near an airport, freeway, railroad tracks, industrial facility, etc.
Page 496.50 Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs ^ ^*-^*
11. Are there any known toxic or hazardous waste problems involving the site? Yes No If yes, attach a description
of the problem. Attach a toxics survey if one is available.
12. For new construction projects, if the site is not located in an already developed subdivision, are power, water, sewer and
telephone services now available for this site? Yes No If yes, attach all utility "will serve" letters that are obtainable.
If no, explain how and when you will obtain those services not available.
13. For new construction projects, are there any unusual soils conditions? If yes, describe the conditions and attach a soils report.
14. Are off-site improvements needed? Yes No If yes, attach a description of these improvements and the basis fcff
their estimated cost, as shown in the Development Budget above.
SECTION I: LOCAL GOVERNMENT APPROVALS
1. Does the project as proposed, including the child care center, necessitate a zoning change?
Yes, the property is currently zoned and is expected to receive the
necessary zoning by
No, the property already has the necessary zoning, which is . Attach a letter from the
local planning department or other evidence of the zoning.
2. Does the project as proposed in this application, including the child care center, need a conditional use permit? Yes
No If yes, attach evidence of approval, or describe status of application.
3. For a new construction project, is subdivision approval required? Yes No If yes, does project have ^proval?
Yes No If yes, attach approved tentative map, final map or parcel map. If subdivision approval is required but
has not yet been obtained, what is the current status?
Page 496.51 Register 92, Nos. 15-17; 4-24-92
§ 8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
4. Does the project have Article XXXIV approval? Yes No Exempt If yes, attach evidence from the local
government agency. If no, explain current status. If exempt, explain why.
5,, Identify known opposition or obstacles to this project's receiving any of its required local government approvals.
6. Attach a copy of a letter which has been sent from the applicant to the head of the local legislative body of general
jurisdiction (city council, county board, etc.) notifying and describing the location, size, and type of proposed project, and
proposed tenant population. Indicate the date that the letter was mailed.
SECTION J: RELOCATION
1. For projects involving rehabilitation, is the residential portion of the structure currently vacant?
Yes No Is the nonresidential portion of the structure currently vacant? Yes No
If yes to either of the above:
When did it become vacant?
What was its last use?
a. Complete the attached OCCUPANCY & RELOCATION FORM.
b. Attach one copy of the tenant notice provided to the occupants of each residential unit, as required in Section
8125(b)(3) and (6) of the FHDP regulations.
c. Attach a general description of the applicant's plan for providing relocation benefits or avoiding displacement,
indicating whether tenants will need to move from the building, whether any relocation units have been identified,
who will be supervising and conducting the relocation effort, a budget, and related information. Identify all planned
measures that will minimize the cost and extent of relocation.
2. For new construction projects, does the project involve the demolition of existing residential rental units? Yes No
How many residential rental units are to be demolished?
a. If the number of units to be demolished is less than half the number of units to be built, attach a description of the
condition of the units to be demoUshed and the reasons why they are economically infeasible to rehabiUtate.
b. Attach a description of the applicant's plan for providing relocation benefits, whether any relocation units have been
identified, who will be supervising and conducting the relocation effort, and related information.
Page 496.52 Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs ^8131
SECTION K: DESIGN & CONSTRUCTION
1. Check all of the following amenities that are supplied to the tenants with cost included in the rent;
linen service furniture
washer/dryer in unit washer/dryer in common area
tot lots playgrounds
barbecue area basketball/volleyball courts
tennis courts parking: spaces/unit
swimming pool other (specify)
2. For new construction projects, has unit construction started on the project? Yes No If yes, has unit construction in
progress been halted, and is the project property currently foreclosed upon, in foreclosure, deeded to a lender in lieu of
foreclosure, or at substantial risk of foreclosure? Yes No If yes, attach a description of the status of all actions lo
date.
3. Number of structures in the project:
Number of stories per structure:
Elevator yes no
4. If the project includes indoor common space, describe.
For rehabilitation, what is the age of existing structure(s) to be rehabilitated?: years.
Type of construction:
( ) wood frame
( ) reinforced brick or other reinforced masonry
( ) unreinforced brick or other unreinforced masonry (existing structures to be rehabilitated)
( ) other (specify)
Page 496.53 Register 92, Nos. 15-17:4-24-92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
For rehabilitation projects, list the number and type of residential units before and after rehabilitation. If more than one site,
show totals below and attach for each site separately.
Community Housing Developments
# Before
Unit Type Rehabilitation
Lower- Other
Income Units
Units
Total
Units
Studio
1 bedroom
2 bedrooms
3 bedrooms
Other (specify)
TOTAL
Congregate Housing Developments
Unit Description
# After
Rehabilitation
Assisted
Lower-
Income
# Before
Rehabilitation
Bedrooms occupied by lower-income tenants
Bedrooms occupied by other tenants
Bathrooms
Nonassisted Total
Lower- Mkt-raie Units
Income Units
# After
Rehabilitation
For all projects, calculate the square footages of space attributed to each use. Prorate common area costs that cannot be
directly attributed to each use based on the leasable floor area of each use as a percentage of the total leasable space. See
Section E.l.c. for a description of nonassisted low-income (very low-income + lower income) residential space.
Child care center space:
Indoor common space apportioned to the above:
Total space apportioned to the child care center:
Leasable assisted residential space:
Indoor common space apportioned to the above:
Total assisted residential space:
Leasable nonassisted low-income residential space:
Indoor common space apportioned to the above:
Total nonassisted low-income residential space:
Leasable nonassisted market-rate residential space:
Indoor common space apportioned to the above:
Total nonassisted market-rate residential space:
Leasable commercial space:
Indoor common space apportioned to the above:
Total commercial space:
Total leasable + child care center space:
Total indoor common space:
Total space:
square feet
square feet
square feel ( % of total space)
square feet
square feet
square feet (
square feel
square feet
square feet (
square feet
square feet
square feet (
% of total space)
% of total space)
% of total space)
square feet
square feet
square feet ( % of total space)
square feet
square feet
square feet (1(X)%)
Page 496.54
Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs ^ ^^^^
9. For projects involving rehabilitation, provide the following as an attachment:
a. a description of the existing condition of each of the following components of your building (structural, plumbing,
heating, roofing, doors, walls, electrical, foundation and mechanical), including a description of the need in each
unit;
b. all inspection reports received in the last 12 months from local housing and building code officials, pest control
services, roofing inspectors, etc.;
c. a description, by component, of the proposed rehabilitation work, and all work directly related to the rehabilitation,
including schematic or other plans related to the work if available;
d. a line item cost estimate, consistent with c, above, prorating costs that cannot be direcUy associated with one use
(child care center, assisted units, nonassisted units, commercial space) or another based on the gross floor area
occupied by each use;
e. if seismic reinforcement is planned, a separate line item estimate for all work directly related to the seismic
reinforcement, following the format described in (d) above, including costs for the seismic work itself, and for all
demolition, wall repair, and similar work directly related to the seismic work; and
f. a resume describing the experience of the person(s) responsible for preparing above items a., c, d., and e.
10. For new construction projects, provide the following as an attachment:
a. a description of materials for all major components to be used in the construction of the project;
b. a line item cost estimate, consistent with a. above, prorating costs that cannot be directly associated with one use
(child care center, assisted units, nonassisted units, commercial space) or another based on the gross floor area
occupied by each use; list the name and phone number of the person who prepared this estimate and describe the
method used to determine the figures;
c. schematic drawings of the site plan, floor plans and building elevations.
SECTION L: PROJECT TIMELINE
1. Site/building acquisition will occur by
2. Local planning approvals will be secured by
3. Construction^mierim financing will be obtained by
4. Permanent financing will be obtained by
5. Off-site improvements will be completed by
6. Unit construction/rehabilitation will begin by
(if phased, indicate timing)
7. ConstructionA^ehabilitation will be completed by
8. Initial occupancy will occur by
Page 496.55 Register 92, Nos, 1 5 - 1 7; 4 - 24 - 92
§ 8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SECTION M: LOCAL NEED AND LOCAL ASSISTANCE
L The evaluation of local need shall be based upon information gathered by the department or upon data submitted by the
applicant and determined to be acceptable by the department. All applicants should answer question a, but only answer
questions b. and c. if you believe that there is a significant error in the department's determination (see need indicators chart
included in the application package) of the area vacancy rate, typical local market-rate rents as a percentage of the area
median income, and rental housing development costs in comparison to costs in other areas of the state. Attach appropriate
documentation for each of your answers, clearly indicating the source, the methodology employed and clearly stating
conclusions.
a. Length of wait for units in comparable subsidized housing developments. Provide information on specific
comparable projects, not on area-wide lists.
Market-rate rents and vacancy rate for typical units in the area.
High rental housing development costs, in comparison to costs in other areas of the state.
2, Check the applicable statement related to the local public agency's provision of assistance. Financial assistance is defined
as assistance that is equal to at least five percent of the project development cost, excluding any costs of tax-credit
syndication. Nonfinancial assistance includes forms of assistance such as the granting of density bonuses, the modification
of development standards, and the fast tracking of local approvals, but does not include simply the provision of technical
assistance, consultation or advice. Attach documentation supporting the checked statement.
The project has received a commitment for financial or nonfinancial assistance fi"om a local public agency.
The project is eligible for financial or nonfinancial assistance under a local agency program in support of lower
income housing, but has not received a commi&nent.
None of the above apply.
3. If applicant is a local agency, attach a report regarding actions it is taking to implement its housing element, including policies
or programs especially targeted towards provision of housing for lower income households. For all other applicants, attach
a copy of a letter to the local public agency requesting a similar report.
Page 496.56 Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs i^ 8131
CERTIHCATION
I certify that the above and attached information and statements are true, accurate and complete to the best of my knowledge.
(Signature of Authorized Officer/Owner) (Dale)
(Name of Authorized Officer/Owner)
For
(Name of Applicant
Page 496.57 Register 92, Nos. 15-17; 4-24-92
§8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
ATTACHMENT B.Lc.
SAMPLE RESOLUTION - CORPORATE BORROWER
FAMILY HOUSING DEMONSTRATION PROGRAM
WHEREAS, The Stale of California Department of Housing and Community Development (the "Department") has
issued a Notice of Funding Availability under its FAMILY HOUSING DEMONSTRATION PROGRAM (the "FHDP"); and
WHEREAS, (Corporate Borrower) (the "Borrov^'er") is a (nonprofit/public benefit) corporation, duly organized
under the laws of the State of (California), and authorized to do business in the State of California; and
WHEREAS, Borrower has heretofore either received, or been assigned, a conditional commitment of funds under
the above-described Notice of Funding Availabihty;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the (Name of Governing Body) of (Corporate Borrower)
, as follows:
1. That Borrower is hereby authorized to borrow funds which are the subject of the Department's conditional
commitment pursuant to the above-described Notice of Funding Availability in an amount not to exceed $
(the "FHPD Loan"); and
2. That in connection with the FHDP Loan, Borrower is authorized to enter into a State of California Standard
Agreement and any and all other documents required to evidence the FHDP Loan, Borrower's obligations related thereto,
and the Department's security therefore; including, but not limited to, a promissory note, a deed of trust and security
agreement, a regulatory agreement, a development agreement and certain odier documents required by the Department as
security for, evidence of or pertaining to the FHDP Loan, and all amendments thereto (collectively, the "FHDP Loan
Documents"); and
3. That (Name and Title of Corporate Officer) is hereby authorized to execute the FHDP Loan Documents on
behalf of Borrower.
This resolution shall take effect immediately.
DATE:
[Name and Title of Person Signing]
Passed and adopted this day of , 199 , by the following vote:
AYES NAYS
ABSTAIN ABSENT
Page 496.58 Register 92, Nos. 15-17; 4-24-92
•
Title 25 Department of Housing and Community Development Programs § 8131
CERTIFICATE OF THE SECRETARY
The undersigned, Secretary of (Corporate Borrower) does hereby attest and certify that the (foregoing/attached)
Resolution is a true and correct copy of a resolution duly adopted at a meeting of said corporation which was duly convened
and held on the date stated thereon, and that said Resolution has not been amended, modified, repealed or rescinded since
its date of adoption and is fully in force and effect as of the date hereof.
DATE:
, Secretary
Page 496.59 Register92, Nos. 15-17; 4-24-92
§8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
SAMPLE LOAN AUTHORIZATION - PAR mERSHLP BORROWER
FAMILY HOUSING DEMONSTRATION PROGRAM
The undersigned hereby certif(y/ies) that (he/she/it/they) (is/are) the (sole general
partner(s)/managing general partner) of (Borrower Partnership) , a (type of partnership) (the
Borrower), and as such, make(s) the following certifications and representations to the State of California
Department of Housing and Community Development (the "Department"):
1. That Borrower has heretofore either received, or been assigned, a conditional commitment of
funds under a Notice of Funding Availability issued by the Department under its FAMILY HOUSING
DEMONSTRATION PROGRAM (the "FHDP').
2. That borrower is duly formed as a (type of partnership) in the State of , is
authorized to do business in the State of California, and has the power to borrow funds which are the
subject of the Department's conditional commitment, in an amount not to exceed S (the
"FHDP Loan");
3. That, in connection with the FHDP Loan, Borrower is authorized to enter into a State of
California Standard Agreement and any and all other documents required to evidence the FHDP Loan,
Borrower's obligations related thereto, and the Department's security therefor; including, but not limited
to, a promissory note, a deed of trust and security agreement, a regulatory agreement, a development
agreement and certain other documents required by the Department as security for, evidence of or
pertaining to the FHDP Loan, and all amendments thereto (collectively, the "FHDP Loan Documents");
and
4. That (Name) , (a General/the Managing General) Partner of Borrower, is hereby ^^
authorized to execute the FHDP Loan Documents on behalf of Borrower. ^^
DATED: DATED:
BY: BY:
Page 496.60 Register 92, Nos. 15-17; 4-24-92
•
Title 25 Department of Housing and Community Development Programs § 8131
SAMPLE RESOLUTION - CORPORATE GENERAL PARTNER
FAMILY HOUSING DEMONSTRATION PROGRAM
WHEREAS, The State of California Department of Housing and Community Development (the
"Department") has issued a Notice of Funding Availability under its Family Housing Demonstration
Program (the "FHDP"); and
WHEREAS, (Borrower's Corporate General Partner) is a (nonprofit/public benefit)
corporation, duly organized under the laws of the State of (California) , authorized to do business in the
State of California, heretofore authorized by this (Name of Governing Body) to act as a General
Partner of (Limited Partnership Borrower) (the "Borrower"); and
WHEREAS, the Bortower has heretofore either received, or been assigned, a conditional
commitment of funds under the above-described Notice of Funding Availability:
NOW, THEREFORE, IT IS HEREBY RESOLVED by the (Name of Governing Body) of
(Borrower's Corporate General Partner) (the "Corporation"), as follows;
1. That the Corporation is hereby authorized to act as a General Partner of the Borrower in
connection with the Department's loan of funds to the Bortower pursuant to the above-described Notice
of Funding Availability in an amount not to exceed $ (the "FHDP Loan"); and
2. That in connection with the Bortower's FHDP Loan, the Corporation is authorized to enter into,
as a General Partner of the Borrower, a State of California Standard Agreement and any and all other
documents required to evidence the FHDP Loan, the Borrower's obligations related thereto, and the
Department's security therefor; including, but not limited to, a promissory note, a deed of trust and security
agreement, a regulatory agreement, a development agreement and certain other documents required by
the Department as security for, evidence of or pertaining to the FHDP Loan, and all amendments thereto
(collectively, the "FHDP Loan Documents"); and
3. That (Name and Title of Corporate Officer) is hereby authorized to execute the FHDP Loan
Documents on behalf of the Corporation as a General Partner of the Borrower.
This resolution shall take effect immediately.
DATE:
[Name and Title of Person Signing]
Passed and adopted this day of , 199 , by the following vote:
AYES NAYS
ABSTAIN ABSENT
Page 496.61 Register 92, Nos. 15-17; 4-24-92
§8131 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
CERTIFICATE OF THE SECRETARY
The undersigned* Secretary of (Borrower's Corporate General Partner) does hereby attest and certify that the
(foregoing/attached) Resolution is a true and correct copy of a resolution duly adopted at a meeting of said corporation
which was duly convened and held on the date stated thereon, and that said Resolution has not been amended, modified,
repealed or rescinded since its date of adoption and is fully in force and effect as of the date hereof.
DATE:
, Secretary
Page 496.62 Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
$8131
ATTACHMENT H.
FAMILY HOUSING DEMONSTRATION PROGRAM
LAND SALES COMPARABLES FORM
(for new construction projects)
Instructions: Complete only if site appraisal is not available from the last 12 months. Show information for three recently
sold parcels comparable to the proposed project site.
1
2
3
Address
Distance from Project Site
Zoning
Total Square Footage
Date of Sale
Sale Price
Price Per Square Foot
Access to Utility Services
Unusual Site Conditions
Other Remarks
Source:
Completed by
Title
Page 496.63
Register 92, Nos. 1 5 - 1 7; 4 - 24 - 92
§ 8131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
FAMILY HOUSING DEMONSTRATION PROGRAM
BUILDING SALES COMPARABLES FORM
(for rehabilitation projects)
Instructions: Ccnplete only if no appraisal done in the last 12 months is available. Show information for three recently sold
properties comparable to the proposed project in its before- rehabilitation condition.
1
2
3
Address
Distance from Project
Price
Date of Sale
Approximate Building Age
Unit Hake-if>:
Studios
l-Br
2-Br
3-Br ♦
Total
Vacancy Rate
Gross Building Area
Rentable Nonresidential Area
Price/Square Foot
Price/Unit
Condition of Property
Other Remarks
Page 496.64
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8132
(c) An applicLilion sliiill be dcenicd complcic when the department is
able to determine iVom the inlorniation provided whether the project is
eligible for rating and ranking pursuant to the requirements of section
8132.
NoTt:: Aiithorilv cited: Sections 504()6(n). 5()S84 aiui 50895. Health and Safety
Code. Retcrcncc: Sections 50888. 50888.3. 50888.5. .50888.7. 50889. 50891.5
and 5089."v9. Hcaiih and Safely Code.
History
1 . New section filed 12-14-90 as ancnicrgency. operative l2-14-90(Register91,
No. ) I ). A Ccilillcalc of Compliance mnst be transmitted to OAL by 4-1.5-91
or emergeney language will be repealed by operation of law on the following
day.
2. kepeaicd by operation of law on 4-16-91.
,^. New section filed 7-19-91 as an emergency, operative 7-19-91 (Register 92,
No. 16). A Ceilificate of Compliance nuisl be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency: operative 1 1-15-91 (Register
92. No. 16). A Ceilificate of Compliance must be transmitted to OAL 3-16-92
or emergeney language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-1.5-91 order transmitted toOAL 12-12-91
and tiled 1-1.V92 (Regi.ster 92. No. 16i.
§8132. Project Selection.
(a) Projects shall not be eligible for rating and ranking unless the appli-
cation demonstrates that all of the following conditions exist:
( 1) The applicant is an eligible sponsor pursuant to section 8113;
(2) The project involves an eligible project pursuant to section 8112;
(3) All proposed uses of program funds are eligible pursuant to section
8114;
(4) The application is complete pursuant to section 8131;
(5) The project will maintain (Iscal integrity consistent with meeting
the requirements of the program.
(6) The project site is free from severe adverse environmental condi-
tions that cannot be mitigated - such as the presence of toxic waste that
is economically infeasible to remove - and is reasonably accessible to
public transportation, shopping, medical services, recreation, schools,
and employment in relation to the needs of the project tenants.
(b) Projects shall not be denied funding solely because projected oper-
ating income is insufficient to make payments on the program loan.
(c) Where the application meets the requirements of subdivision (a),
the proposed project will be rated to determine its compliance with the
following priority requirements. The application must receive a mini-
mum of 60 percent of the total possible points in order to qualify for fund-
ing. Applications receiving 60 percent or more of the total possible points
shall be ranked based on their point scores, with applications scoring
higher receiving a higher ranking. Applications shall be eligible to re-
ceive commitments of available funds in a priority order based on their
ranking consistent with the standards of subdivisions (e), (f) and (g) of
section 8 1 30. The maximum score for each of the following seven crite-
ria is 15:
( 1 ) The extent to which the project serves the greater number of eligi-
ble households with the lowest incomes for the greatest period of time as
evidenced by the following:
(A) The sum of the number of very low-income units and the number
of very low-income nonassisted units, divided by the total number of
units.
(B) The proposed length of term of the regulatory agreement, in excess
of the program's minimum requirement as described in section 8115(b).
(2) Need in the area of the proposed project for the type of housing pro-
vided by the proposed project. The department shall issue an evaluation
of need for market areas within California based on the criteria listed be-
low. The sponsor in its application may submit other or additional infor-
mation and data to rebut or supplement the department's evaluation with
respect to the need within the individual project's area. Where the depart-
ment determines that the sponsor's data provides a more accurate evalua-
tion of need, it shall base its rating on such data.
(A) Low vacancy rate for rental housing.
(B) Typical local market-rate rents that are a high perceniage of the
income limit for very low-income households. The income limit for very
low-income households is provided in section 6932 pursuant to Health
and Safety Code section 50105. For example, in Sacramento County the
typical market-rate rent for a three-bedroom rental is $750.. while the
tnonthly income for a very low-income family of four is $1,562.50. Such
a family will pay 48% of their income to rent such a dwelling unit. Since
affordable rent is set at 257< of income pursuant to section 6922 of Title
25, 48'7( of income is high.
(C) Length of wait for units in comparable subsidized housing devel-
opments.
(D) High rental housing development costs, in comparison to costs in
other areas of the state.
(3) The extent to which the proposed project complements the imple-
mentation of an existing housing program in the local agency in which
the proposed project is located. "Local agency" means the same as de-
fined in section 50077 of the Health and Safety Code. Points shall he allo-
cated based upon the following criteria:
(A) The extent to which the local agency has an existing housing pro-
gram, such as a housing element, in coinpliance with the requirements of
Article 10.6, commencing with section 65580 ofChapter 3 Division I oi
Title 7 of the Government Code, or a similar plan or policy formally con-
sidered by the local city council or board of supervisors. A plan or policy
shall ordinarily be deemed to be similar based upon the extent to which
it addresses affordable housing issues such as the following: an
assessment of need in the area and an inventory of resources and any con-
straints on those resources; a statement of the community's goals, objec-
tives and policies relative to the maintenance, preservation, iinprove-
ment and development of housing; a program which sets forth a schedule
of actions which the local government has undertaken, is undertaking
and intends to undertake to implement these goals; and a program for pre-
serving existing assisted housing developments. Examples of actions
which a local government may have taken, is taking or may intend to take
in implementing the community's goals, objectives and policies include
demonstrated performance in support of the development of affordable
housing utilization of federal, state and local financing and subsidy pro-
grams; land use development controls; and regulatory provisions, con-
cessions and incentives.
(B) The extent to which the local agency is providing, or could pro-
vide, financial or nonfinancial assistance to the applicant's project. Fi-
nancial assistance is defined as assistance that is equal to at least fwc per-
cent of the project's development cost, excluding any costs of
syndication, or $250,000. whichever is less. Nonfinancial assistance in-
cludes forms of assistance such as the granting of density bonuses, the
modification of development standards, and the fast tracking of local ap-
provals, but does not include simply the provision of technical assistance,
consultation or advice.
(4) The extent of sponsor participation or participation of other fund-
ing sources, as determined by the product of the program loan amount di-
vided by the sum of the total development cost of all assisted units and
lower-income nonassisted units in the project. Total development cost
does not include any costs of syndication.
(5) The extent to which the proposed project maximizes the use of oth-
er private and public sources of funding and other .services to assist in
providing supportive services and job training and placeinent services as
evidenced by the following:
(A) the sum of all operating subsidy funds for supportive services and
job training and placement services and the estimated value of in-kind
services, committed to the project for the project's first year o\' operation
divided by the number of assisted units; and
(B) the feasibility of the plans for supportive services and job training
and placement services considering the size, nature, and location of the
proposed project.
Page 496.65
Register 92, Nos. 15-17; 4-24-92
§ 8133
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(6) The capacity oi' the applicant, including its board, staff and any
consultants to own, construct or rehabilitate, and manage the rental hous-
ing development, as evidenced by:
(A) the applicant's current financial, operational and organizational
stability;
(B) the applicant's previous development and ownership experience
with residential projects; and
(C) the applicant's previous experience at operating similar supportive
services and Job training and placement programs.
(7) The degree of the project's economic feasibility demonstrated by
the readiness of the project to start consimction, evidenced by the follow-
ing:
(A) the status of local development approvals; and
(B) the status of all project financing commitments.
Maximum possible points 105
NOTt:; Authority cited: Sections 50406(n), .S0884 and 50895, Health and .Safety
Code. Relerence: Sections 50889.5 and 50891(a). Health and Safety Code.
HiSlORY
1 . New section filed 1 2-1 4-90 as an emergency; operative 1 2- 1 4-90 ( Register 9 1 ,
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emeriiency language will be repealed by operation of law on the Ibllowing
day.
2. Repealed by operation of law on 4-16-91 .
3. New section filed 7-19-91 as an emergency: operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operafive 1 1-15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92. No. 16).
Article 4. Program Operations
§8133. Legal Documents.
(a) The department shall enter into a Standard Agreement with each
sponsor which shall encumber monies from the Account in an amount
sufficient to fund the approved loan amount. The Standard Agreement
shall contain the following:
( 1 ) a description of the approved project and the permitted uses of pro-
gram funds;
(2) provisions governing the amount and terms of the loan;
(3) provisions regarding the regulatory restrictions to be applied to the
project through the Regulatory Agreement;
(4) provisions governing the construction or rehabilitation work and,
as applicable, the acquisition or refinancing of the project site, and the
disbursement of loan proceeds;
(5) provisions governing the implementation of the job training and
placement program pursuant to the requirements of section 8 128 and as
approved by the department;
(6) provisions governing the implementation of the supportive ser-
vices requirements of section 8127 and as approved by the department
during the initial application process;
(7) special conditions imposed as part of department approval of the
project;
(8) requirements for the execution and, the recordation of the agree-
ments and documents required under the program;
(9) the approved schedule of the project, including land or building ac-
quisition, if any, commencement and completion of construction or reha-
bilitation work, and occupancy by eligible households;
( 10) provisions relating to acquisition or refinancing agreements, bid-
ding and awards to contractors;
(11) provisions regarding tenant relocation;
(12) bonding and insurance requirements consistent with the require-
ments of this subchapter;
(1.3) provisions related to a management plan pursuant to section
8137;
(14) terms and conditions required by federal or state law;
( 1.5) requirements regarding the processing of loan proceeds and re-
quests for funds, and payments thereof;
( 16) remedies available to the department in the event of a violation,
breach, or default of the Standard Agreement, including repayment of all
costs of enforcement;
( 17) other provisions necessary to ensure compliance with the require-
ments of this program.
(b) The department shall enter into a Development Agreement with
each sponsor to govern the construction or rehabilitation work of the
project and the acquisition or refinancing of the project site, if applicable.
The Development Agreement shall be executed prior to the disbursement
of funds to the sponsor. The Development Agreement shall contain the
following:
(1 ) the approved schedule of the construction or rehabilitation of the
project;
(2) provisions ensuring that the construction contract is consistent
with section 81 26 and other program requirements and that all financing
agreements are consistent with program requirements;
(3) the approved budget for construction or rehabilitation work, land
or building acquisition and other project costs, if applicable;
(4) provisions relating to the timing, amount, and terms of funds dis-
bursement including any special conditions to funds disbursement im-
posed by the department;
(5) provisions relating to construction or rehabilitation specifications,
and disbursement of funds to contractors or others;
(6) requirements for reporting to the department;
(7) terms and conditions for the inspection and monitoring of the proj-
ect in order to verify compliance with the Standard Agreement and the
Development Agreement;
(8) conditions constituting breach of the Development Agreement and
remedies available to the parties thereto, including repayment of costs of
enforcement;
(9) a requirement that the contractor comply with state prevailing
wage law, as set forth in Labor Code section 1 720 et seq., where program
funds are provided as new construction financing; and
( 1 0) other provisions necessary to ensure compliance with the require-
ments of this program.
(c) The department shall enter into a Regulatory Agreement with each
sponsor for not less than the original term of the loan which shall be re-
corded against the project property prior to the disbursement of funds.
The Regulatory Agreement shall include the following:
( 1 ) a description of the rental housing development, including a desig-
nation of the number and type of assisted units pursuant to section 8 1 20;
(2) standards for tenant selection pursuant to secdon 8121(a) and pro-
visions regarding recerufication of tenant income and the consequences
of such recertification pursuant to sections 8121(f) and (g);
(3) provisions regulating the terms of the rental agreement pursuant to
section 8121(d);
(4) provisions related to an annual budget approved by the department
pursuant to section 8139;
(5) provisions related to a rent schedule, including initial rent levels for
assisted units pursuant to section 8122(a) or (b), and nonassisted units;
(6) conditions and procedures for permitting rent increases pursuant
to section 8122(g) and (h);
(7) provisions for Umitations on distribudons pursuant to section
8123;
(8) for cornmunity housing developments, provisions regulating the
operation of the child care center pursuant to section 8127 (a)(1);
(9) provisions regarding the implementation of the job training and
placement program pursuant to section 8128(a) and a job training pro-
gram within the rental housing development pursuant to section 8128(c);
(10) for congregate housing developments, provisions regulating the
implementation of supportive services pursuant to section 8127(b);
Page 496.66
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8134
(11) for congregate housing developments, provisions requiring the
execution o\' a resident nianageinent agreement as described in section
8137(c):
(12) provision requiring annual reports, inspections and audits pur-
suant to section 8138;
(13) prt)visions regarding the withdrawal of funds from project reserve
accounts:
( 14) assurances that sponsor will maintain the rental housing develop-
ment in a safe and sanitary condition in compliance with state and local
housing codes and the management plan pursuant to section 8137:
(15) acts or oinissions constituting breach of the Regulatory Agree-
ment, including, among others, a breach of the Development Agreement
or failure to operate the housing development in accordance with the
Regulatory Agreement, and remedies available to the parties thereto:
(16) provisions governing use and operation of nonassisted units,
common areas, and commercial space to the extent necessary to ensure
compliance with program requirements:
( 17) provisions authorizing enforcement of program requirements by
the department and by tenants:
(18) special conditions oi" project operation imposed by the depart-
ment as conditions of the department's approval of the loan;
(19) provisions specifying thai the Regulatory Agreement shall be
binding on all assigns and successors in interest of the sponsor and that
all sales, transfers, and encumbrances of the rental housing development
or interests therein shall be subject to section 8135;
(20) provisions providing for the continuance of the provisions of the
Standard Agreement regarding program compliance for the full term of
the Regulatory Agreement;
(21 ) provisions governing the use of operating income pursuant to sec-
tions 8117. 8123 and 81 39:^and
(22) other provisions necessary to assure compliance with the require-
ments o\' the program.
(d) All loans shall be evidenced by a promissory note payable to the
department in the principal amount of the loan and stating (he terms of
the loan consistent with the requireinents of the program. The note shall
be secured by a deed of trust on the project property naming the depart-
ment as beneficiary or by other security acceptable to the department: this
deed of tmsi or other security shall be recorded junior only to such liens,
encumbrances and other matters of record approved by the deparimeni
and shall secure the department's financial interest in the project.
Note. Authonly cited; .Sections 504()6(ii). 50884 and 50895. Health and Salcis
Code. Reference: Sections 50893 and 50893.7. Health and Safely Code.
History
1. New section filed 12-14-90 as aneniergency:opcralive 12-l4-y()(Ke!iistcry I.
No. ] I). A Ceilificate of Compliance iiuisl be transniiticd to OAL b\ 4 - 1 5-9 1
or emergency language will be repealed by operation of law on the lollouing
day.
2. Repealed by operation of law on 4-16-91 .
3. New section filed 7-19-91 as an emergency; operative 7-19-9! (Regisier '^)2.
No. 16). A Ceilificate of Compliance must be iransmilled to OAL 1 1 -6-91 or
emergency language will be repealed by operation of law on the following tlay
4. New .section rellled I 1-15-91 as an emergency: operative 1 1-15-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted loOAL 3-16-92
or emergency language will be repealed by operation of law t)n the lollowing
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-LV92 (Register 92. No. 16).
§ 8134. Disbursement of Loan Funds.
(a) A sponsor shall request funds from the department for actual ex-
penditures in accordance with the schedule and the authorized amounts
in the approved project budget in the Development Agreement. The in-
formation on any request for funds shall be subject to verification by the
department. Requests for funds shall be made on form HCD 794. dated
12/90, Family Housing Demonstration Program "Request for Funds" as
set forth in subsection (b). This form is provided by the department.
(b) Form HCD 794, dated 12/90, Family Housing Demonstration Pro-
gram "Request for Funds'":
Page 496.67
Register 92, Nos. 1 5 - 1 7; 4 - 24 - 92
§ 8134 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
HCD 794, 12/90
FAMILY HOUSING DEMONSTRATION PROGRAM
REQUEST FOR FUNDS #
1. BORROWER (Payee):
2. ADDRESS:
3. CONTRACT NUMBER:
4., TOTAL
APPROVED AMOUNT PER PREVIOUSLY AMOUNT
LOAN AMOUNT THIS REQUEST APPROVED BALANCE
$ $ $ $
5. USE OF FUNDS BUEQUESTED: (Specify line items per Development Agreement
Budget.)
$
$
$
$
6. DRAW CHECK IN TOTAL AMOUNT OF: $
7. SEND CHECK TO: Department of Housing and Community Development
Accounting Office
P.O. Box 952050
Sacramento, CA 94252-2050
8. CERTIFICATION: I, the undersigned, do hereby certify that (1) the funds requested
above will be used only in accordance with the above numbered State Standard
Agreement and the Development Agreement entered into pursuant to this Standard
Agreement, and only for eligible costs, as specified in the FHDP regulations; and (2) the
Borrower and the project are in full compliance with the Standard Agreement, the
Development Agreement, and all other agreements by and between the Borrower and the
Department of Housing and Community Development entered into pursuant to the
Standard Agreement.
Signed:
Title: Date:
DO NOT WRITE BELOW THIS LINE
The work performed for which this request for disbursement is presented is in accordance
with all provisions of Contract Number between.
and the Department of Housing and Community Development, and is hereby approved for payment.
Program Manager: Date:
Page 496.68 Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§ 8136
(c) Prior lo llie disbLirsement of funds, the sponsor shall provide orex-
ccLiie all required documents which the department determines are neces-
sary to verily the claimed expenditure.
(d) The department may enter into agreements with other lenders or
public or private entities to disburse funds and monitor construction and
may make direct payments to such third-party eoniractors on behalf of
sponsors.
(e) ( 1 ) For a sponsor that is a nonprofit corporation or a government
entity, the department may disburse an initial advance payment subject
10 the foi lowing conditions;
(A) any required documents are executed by the sponsor;
(B) the sponsor is in compliance with all applicable conditions for the
advance of funds;
(C) the sponsor submits a form 794, dated 12/90. Family Housing
Demonstration Program "Request for Funds"; and
(I)) the sponsor certifies that it does not have adequate funds to com-
mence the project.
(2) The advance payment shall not exceed 25 percent of the approved
administrative costs.
(3) All disbursements subject to the initial advance shall be made only
lo pay for actual eligible costs incurred.
Noir;. Authoriiy ciled; Sections 50406(n). 50884 and 5089.S, Health and Saiety
CiHle. Reference: Section .50881.3(0. Health and Safety Code.
History
1. New soclion filed 12- 14-90 as an emergency; operative 1 2-1 4-90 (Register 91,
No. IDA Ceriificaie of Compliance must be transmitted to OAL by 4-l,'i-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section Hied 7-19-91 as an emergency: operative 7-19-91 (Register 92,
No. 16). A Ceiliticate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refded 11-15-91 as an emergency; operative 11-15-91 (Register
92. No. 16). A Certificate of Compliance tiiust be transmitted to OAL .VI 6-92
or emergency language will be repealed by operation of law on the following
day.
5. Certitlcaie of Compliance as to 1 1-1.5-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Reeister 92. No. 16)
§ 8135. Sales, Transfers, and Encumbrances.
(a) A sponsor shall not sell, assign, transfer, or convey a rental housing
development, or any interest therein or portion thereof, without the ex-
press prior written approval of the department. A sale, transfer, or con-
veyance shall be approved only if all of the following requirements are
met:
( 1 ) the existing sponsor is in compliance with the Regulatory Agree-
ment or the sale, transfer, or conveyance will result in the cure of any ex-
isting violations;
(2) the successor-in-interest to the sponsor agrees to assume all obli-
gations of the existing sponsor pursuant to the Regulatory Agreement
and this program;
(3) the successor-in-interest is an eligible sponsor pursuant to section
8113 and demonstrates to the department's satisfaction that it can suc-
cessfully own and operate the rental housing development and comply
with all program requirements; and
(4) no terins o\' the sale, transfer, or conveyance jeopardize either the
department's .security or the successor's ability to comply with all pro-
gram requirements.
(b) The department's approval of sale, assignment, transfer, or con-
veyance subject to such terms and conditions as may be necessary to pre-
.serve or establish the fiscal integrity of the project. Such conditions shall
include:
( 1 ) the deposit of sales proceeds, or a portion thereof, to maintain re-
quired reserves, or to offset negative cash flow;
(2) the recapture of syndication proceeds or other funds in accordance
with special conditions included in the Standard Agreement or any other
agreement executed by the sponsor; and
(3 ) such conditions as may be necessary to ensure compliance with the
program requirements.
(c) The sponsor shall not encumber, pledge, or hypothecate the rental
housing development, or any interest therein or portion thereof, or allow
any lien, charge, or assessment against the rental housing development
without the prior written approval of the department. The deparimeni
may permit refinancing of existing liens or additional financing secured
by the rental housing development to the extent necessary to maintain or
improve the fiscal integrity of the project, to maintain affordable rents,
or to decrease rents.
NOTL: Authority cited: Sections 504()6(n). 50884 and 50895. Health and Safctv
Code. Reference: Sections 5088 1 ,5 and 5089.3. Health and Safety Code.
History
1 . New section filed 1 2-14-90 as an emergency: operative 1 2-1 4-90 ( Register 9 1 .
No. 1 1 ). A Certificate of Compliance must be Iransmilled to OAL by V 15- 91
or emergency language will be repealed by operation of law on the loilow ing
day.
2. [Repealed by operation of law on 4-16-91.
3. New .section filed 7-19-91 as an emergency: operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 1 1-15-9! (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-15-91 order transmitted to OAL 1 2-12-91
and filed 1-13-92 (Register 92. No. 16).
§ 8136. Defaults and Loan Cancellations.
(a) In the event of a breach or violation by the sponsor of any of the
provisions of the Regulatory Agreetnent, the Standard Agreement, the
Development Agreement, the promissory note, or the deed of trust, or
any other agreement pertaining to the project, the department may give
written notice to the sponsor to cure the breach or violation within a peri-
od of not less than 15 days. If the breach or violation is not cured to the
satisfaction of the department within the specified time period, the de-
partment, at its option, may declare a default under the relevant document
and may seek legal remedies for the default including the following:
(1) The department may accelerate all amounts, including outstanding
principal and interest, due under the loan and demand immediate repay-
ment thereof. Upon a failure to repay such accelerated amount in full, the
department may proceed with a i'oreclosure in accordance with the provi-
sions of the deed of trust and state law regarding foreclosures.
(2) The department may seek, in a court of competent jurisdiction, an
order for specific performance of the defaulted obligation or the appoint-
ment of a receiver to complete the project or operate the rental housing
development in accordance with program requirements.
(3) The department may at its option seek such other remedies as may
be available under the relevant agreement or any law.
(b) In the event that the breach or violation involves charging tenants
rent or other charges in excess of those permitted under the Regulatory
Agreement, the department inay demand the return of such excess rents
or other charges to the affected households. In any action to enl'orce Ihe
provisions of the Regulatory Agreement, the department may seek as ad-
ditional remedy the repayment of such overcharges.
(c) Loan commitinents may be canceled by the department under any
of the following conditions;
(1) the objectives and requirements of the prograin cannot be met;
(2) the sponsor cannot meet the department's requirements for enter-
ing into the Regulatory Agreement, Development Agreement, promisso-
ry note, deed of trust or other agreement pertaining to the department in
a timely fashion in accordance with the approved plans and schedules;
(3) special conditions for the disbursement of funds have not been ful-
filled within required Ume periods;
(4) the construction or rehabilitation work has not commenced within
one year of the date of loan approval;
(5) there has been a material change in the principals or management
of the sponsor or project which was not approved by the departtnent.
Page 496.69
Register 92, Nos. t5- 17. 4-24-92
§ 8137
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(6) a valid state or federal law or regulation precludes the department
from lulfilling its obligations under the commitment;
Upon demonstration by the sponsor of good cause, the department
may extend the date for compliance with any of the conditions in this sub-
division.
(d) Upon receipt of a notice of intent to cancel the loan commitment
from the department, the sponsor shall have the right to appeal to the Di-
rector.
(e) The department may use amounts available in the Account pur-
suant to section 8 140(b) for the purpose of curing oravoiding a sponsor's
default under the terms of any loan or other obligation if the department
believes such default will jeopardize the completion of construction or
rehabilitation, the fiscal integrity of such sponsor's project or the depart-
ment's security in the project. Such default may include a failure or im-
pending failure in payment due on a loan secured by a mortgage on the
rental housing development, failure to pay taxes, or failure to maintain
insurance or required reserves. The payment or advance of funds by the
department pursuant to this subdivision shall be solely within the discre-
tion of the department, and no sponsor shall be entitled to or have any
right to payment of these funds. All funds so advanced shall be part of the
program loan to the sponsor and subject to the same terms of repayment.
Where it becomes necessary to use the Account for the purpose of assist-
ing a project to avoid a threatened default or foreclosure, the department
shall take those actions necessary including, but not limited to, foreclo-
sures or forced sale of the rental housing development to prevent similar
occurrences and insure compliance with the terms of the applicable
agreements.
NOTE: Authority cited: Section .S0406(n). .^0884 and 50895. Health and Safely
Code. Reference: Section 5088.^. 5(b). Health and Safety Code.
History
1 . New section filed 1 2- 1 4-90 as an emergency ; operative 1 2-1 4-90 ( Register 9 1 .
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 1 1-15-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 1 1-1.5-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92, No. 16).
§ 8137. Management and Maintenance.
(a) The sponsor shall be responsible for all management functions of
the rental housing development including selection of the tenants, annual
recertification of household income and size, evictions, and collection of
rent.
(b) The sponsor is responsible for all repair and maintenance functions
of the rental housing development, including ordinary maintenance and
replacement of capital items. The sponsor shall maintain the residential
units; the commercial space, if any; the child care center, if any; chil-
dren's play area, if any; the community room, if any; and other common
areas; in accordance with the Regulatory Agreement; local health, build-
ing, and housing codes and the management plan.
(c) For each congregate housing development, the sponsor shall re-
quire tenants to share responsibility for maintaining and cleaning the
common areas. The sponsor shall enter into a resident management
agreement with residents, subject to the approval of the department prior
to execution, which shall;
(1) specify tenant and sponsor maintenance responsibilities and shall
provide that the tenant shall not be financially responsible for any repair
or replaceinent costs associated with maintaining the property;
(2) specify procedures for amending the agreement; and
(3) specify enforcement procedures for noncompliance.
(d) The sponsor, with the prior approval of the department, may con-
tract with a management agent for the performance o\' the services or du-
ties required in subdivision (a) or (b), or both, and to supplement the ten-
ants" responsibilities set forth in subdivision (c). However, such an
arrangement does not relieve the sponsor of responsibility for proper per-
forinance of these duties. Such contract shall be subject to department ap-
proval and contain a provision allowing the sponsor to terminate the con-
tract upon thirty days' notice. The sponsor shall terminate said contract
if directed by the department upon determination that inanagemenl of the
rental housing development does not comply with program require-
inents.
(e) The sponsor shall develop a management plan, subject to depart-
ment approval prior to loan closing. The plan shall be consistent with this
subchapter and shall include the following:
( 1 ) a description of the role and responsibility of the sponsor and its
delegation of authority, if any. to a managing agent;
(2) personnel policy and staffing arrangements of both the sponsor and
any managing agent;
(3) plans and procedures for publicizing and achieving early and con-
tinued occupancy;
(4) the tenant selection plan as described in section 8121(a);
(5) procedures for determining tenant eligibility and for certifying and
annually recertifying household income and size;
(6) plans for carrying out an effective maintenance and repair pro-
gram, including the terms of the resident management agreement, if the
rental housing development is a congregate housing development;
(7) rent collection policies and procedures;
(8) a description of a program for maintaining adequate accounting re-
cords and handling necessary forms and vouchers;
(9) plans for enhancing tenant-management relations;
( 1 0) the management agreement, if any;
( 1 1 ) a description of supportive service programs or job training and
placement programs operated by the manageinent agent, if any;
(12) provisions for periodic update of the management plan;
(13) for limited equity housing cooperatives, plans for board and
member training and education;
(14) appeal and grievance procedures;
( 1 5) plans for collection of payments for tenant-caused damages;
(16) plans for processing evictions and terminations; and
(17) equal opportunity provisions that apply to hiring and renting.
NOTE: Authority cited: Sections 50406(n), 50884 and 50895, Health and Safety
Code. Reference: Section 50893.9, Health and Safety Code.
H [STORY
1 . New section filed 12-1 4-90 as an emergency; operafive 12-14-90 (Register 91,
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 4-1 5-9 1
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92,
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency, operative 1 l-l 5-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-1.3-92 (Register 92, No. 16).
§8138. Reporting.
(a) No later than 90 days after the end of each fiscal year of a rental
housing development, the sponsor shall report to the department on form
HCD 795, dated 6/91, Family Housing Demonstration Program "'Annual
Sponsor Certification," as set forth in subsection (c). This form is pro-
vided by the department.
(b) As part of the form HCD 795, dated 6/9 1 , Family Housing Demon-
stration Program "Annual Sponsor Certification," the sponsor shall sub-
mit an audit of the rental housing development prepared in accordance
with generally accepted auditing standards by an independent certified
public accountant. Upon a determination by the department that the cost
Page 496.70
Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs § 8138
of meeiing lliis requirement exceeds ihe poleiuial benefits to the depart- (?) waive this requirement completely.
nient and the tenants olthe rental housing development, the department (c) Form HCD 795, dated 6/91, Family Housing Demonstration Pro-
shall: gram "Annual Sponsor Certification":
( 1 ) reduce the required frequency of the audit;
(2) accept an audited financial statement of the sponsor in lieu of the
audit: or
Page 496.71 Register 92, Nos, 15- 17, 4-24-92
§ 8138 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
HCD 795,6/91
FAMILY HOUSING DEMONSTRATION PROGRAM
ANNUAL SPONSOR CERTmCATION
nSCALYEAR
Contract Number.
Developmeiit Name:
Development Address:
Sponsor Phone #: Fax # (if available):
The sponsor must send the Audit and Sponsor Certification to HCD within ninety (90) days after the fiscal year ends. Send one copy of
the Audit and Sponsor Certification with original signatures, plus an additional copy of the Sponsor Certification.
Check here for forms included:
I. FHDP Annual Sponsor Certification (all projects) Page 1
II. Occupancy and Rent Schedule (all projects) Page 2
III. Report of Actual Income (all projects) Page 3
IV. Report of Actual Expenses (all projects) Page 4 & 5
V. Calculation of Assisted Unit Expenses (all projects) Page 6 & 7
VI. Calculation of Nonassisted Unit Expenses (for projects w/nonassisted units) Page 8 & 9
VII. Calculation of Commercial Space Expenses (for projects w/commercial space) Page 10 & 11
VIII. Calculation of Child Care Center Expenses (for sponsor-operated centers) Page 12 & 13
IX. Child Care Income & Expenses (for contracted operators) Page 14
X. Uses of Net Operating Income (all projects) Page 15
XI. Report of FHDP Loan Payment Balances (all projects) Page 16
XII. Report of Vacancy Loss, Uncollectible Rents,
and Service Payments (all projects) Page 17
XIII. Report of Replacement Reserve Account (all projects) Page 18
Xrv. Report of Operating Reserve Account (all projects) Page 19
XV. Management Report (all projects) Page 20
XVI. Child Care Repon (all projects) Page 21 & 22
XVII. Other Supportive Services Report (for projects offering
other supportive services) Page 23 & 24
XIDC Job Training and Employment Report (all projects) Page 24 & 25
XIX- Copy of Current Hazard Insurance Policy (all projects) Page 26
Sponsor Cenification ~
It is hereby certified that all of the representations made by the Sponsor in the Regulatory Agreement and the financial disclosures and
information contained in this report are true and correct, and that there is not any condition, event, or act which would constitute an event
or default thereunder, or which with notice, passage of time, or both, would constitute such an event of default.
Sponsor Signature Date
Title
Page 496.72 Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
5J8138
U OCX3JPANCY AND RENT SCHEDULE (aO projects)
FISCAL YEAR
Cootnct Nanfacr.
Devdofmait Name:
Prepared b^
UaitM - AamlaVTout
} ^
ForFHENT
AMtedUoito
Uoit
Number
Unit
Dnigin
(vliji
airfct,
eld)
Maifcet
Ron
(Baric
Kent)
(B)
ApprwL
FHDP
Rent
(C)
Sufandy
(if
My)
over
FHDP
Rent
(D)
Tenant
Ptetkm
of
Rent
(B)
No. of
MooUk
Ocxupd.
(F)
Total
Market
Rent
Rafd.
(AidS)
(G)
Total
Rent
Recfd
(BeE)
(H)
Total
Rent
Stady
(Q£)
Grat
HkIioU
looome
Naof 1
OcnpntB jl
1
1
Page 496.73
Registei92,Nos. 15-17; 4-24-92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Cootract Nombeit
m. REPORT OF ACTUAL INCOME (iDprojcctt)
FISCAL YEAR
Dewekjfjment Name
Prepared by:
:^:#aisiipi;xifc
BUDGET(A)
lllllllliAi;
jim^^mff}^^
1. Net Rental Income
iSSsgSSSS^^
2. Rent Subsidies
:i'|:|:;S:|:S|SS:|j5:S:-S
3. Prorated Interest Income
:S:S::::::S:::;:::;:!:::S::S:::::::::;K^^^^
- 4. Prorated Laundry Income
:;::|:::¥::::::;:i;:::;:;:;::;::::::::;:::::g
S. Resident Collections
\ 6. Operating Reserve >^ithdnwals
Silii^ftisilsiiil-S^
] 7. Prorated Other Project Income
iiiiiiiiiiiiiiiiiiM^^^^
1 8. Subtoul Income • Assisted Units
piililiililli||iii;i||i|||w
1 9. Uncollectible Rents
10. Uncollectible Resident Damage
11. Total Income • Assisted Units
^igiisiSiiSssgsgis
mmmmmmmmmmmmmt
:;i||::;:;;|S;i:;::;i:;::::;;:g^
:;|i:;|;ii||i||||i;s::::;^giis^^^^^
1. Sponsor Contributions
iii:iiiiiii|ii^liliiiii»^^^^^
2. Net Rental Income
lii:;:::iiiii^l:ii;:|:i:i::^lii::i
3. Rent Subsidies
i||Ji||::||:||;;;|i|||:i
4. Prorated Interest Income
WSmtKSKmm&mi^
5. Prorated Laundry Income
ii^iSili-^s^iiSisii'SiH
6. Resident Collections
y 7. Operating Reserve Withdrawals
MmMMi&lmS^iMlBM
8. Prorated Other Project Income
•;^:i:\i:i^S:i^i^-:-\f^
9. Subtotal Income - Nonassisted Units
M^^KSSmmSSm^
10. Uncollectibie Rents
11. Uncollectible Resident Damage
■:ll;|:i;li|||ilillii||iii
12. Total Income - Nonassisted Units
in. CHILD cAmxxj^rrBrnmMmmmmmM
1. Parent Fees
2. Child Care Food/National School Lunch Program
3. Reimbursement for GAIN children
;:y:-;:;x;:;:;::;:i;:;:::;:;:;.i:^::gS
4. Reimbursement for WIN children
5. Reimbursement from State Dept. of Education
6. Reimbursement from JTPA
7. Lease Payments
8. Other (Specify)
a.
b.
c
d.
iiiiiiiiiiiiiM
IV,COMMBRCIAI;.Ma)ME
r^vnM^mtmcrmoofim
cmla m openled by a aqaralr catily that receives aobHdks, parent Cces aadAir privale donatiow, DO
NOT LIST theK iteoos at inoome to the project.
Page 496.74
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§ 8138
Contract Number:
Units • Assisted/Total:
IV. REPORT OF ACTUAL EXPENSES (all projects)
FISCAL YEAR
Development Name:
Prepared by:
liiiiiiiiiBHiBBiiHBii^^^
• i^tM^-mmm^
f^gg^^^^^^^ggg^^^^^g^
mmmm
ACrVM^i^i
1 . Sponsor Overhead
\ . ^.
2. Contract Management Fee
^ •>- ^ • ■«* A V ^
3. TOTAL Management Fee:
^
illiiiiiiiiiiiH
WiMMil^MMi^MMMM
4. Leases
^ .^ *
5. Maiketing/Advertising
. ^ ^' ^ : ^ ■ ^^
6. Audit
*• ^ \
7. Legal
8. Transportation (Vehicle Maintenance)
"
9. Telephone
10. Business Licenses
^
1 1 . Miscellaneous Administrative Expenses
^
12. TOTAL Administration:
-
.(titdode naiue of rent discounts)
13. On-site or Off-site Manager
^
14. Assistant Manager
^
15. Desk Clerk
;
1 6. Child Care Center Personnel
17. Job Training/Emp. Tmg. Personnel
18. Grounds/Maintenance Personnel
19. Janitorial Personnel
20. Other Supportive Services Personnel
21. Other (Specify)
22. TOTAL Salaries/Benefits:
• ^ ^ V-. % >
MAlNTEf^NCE:
||||i|||;||;iii||;||||
■ ■ .■
23. Supplies
24. Elevator Maintenance
•, .N% .r^. .. ..1, -.-.r.^^^
25. Pest Control
26. Grounds Contract
27. Interior Painting/Decorating
-
28. Furniture, Fixtures & Equipment
(Indoor/Outdoor)
s. . .
29. Other (Specify)
30. TOTAL Maintenance:
V
mumui
llllllllllllllll
31. Trash Removal
^ V ^ ^ ^
* ONLY provide information regarding expenses of Ihe on-site child care center that the projca sponsor pays. If the child care center is operated
by a separate entity, list only those items not reflected in Attachment DC.
Page 496.75
Bister 92, Nos. 15-17; 4-24-92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
IV. REPORT OF ACTUAL EXPENSES (all projects)-{Codt'd,)
FISCAL YEAR
TOTAL EXPENSES
UTHJTlES(COJ?r*D,^:
BUDGET (A>
ACTUAL (B)
HCD APPROVED {Q
HCI>OALY
32. Elecuicity
v^
33. Gas
^ ^
34. Water & Sewer
35. TOTAL UUlitles:
mBxmM&i
^
36. Property/Liability Insurance
,
37. BcMiding
38. Other (Specify)
39. TOTAL Insurance:
:|;i|||i||||=^^^
ii!il?iii:;iliii|;|lilil
ir::I^;;3.Pi3^:'fr^
40. Real Estate Taxes/PILOTS
41. TOTAL Taxes:
^ *•'■
OTlKBSs
42. Tenant Management/Trauung &. Education
-? ^ \ ^
43. Food
^ .
44. Medical Expenses (Including First Aid Supplies)
^
45. Transportation of Residents/Children
'^ ^
46. Job Training & Employment Program
^
47. Books and Supplies
"
48. Other (Specify)
•W-Vil. .^.v.. .%%% . . •.
49. Other (Specify)
50. TOTAL Other:
51. SUBTOTAL Operating Expenses:
......"^ .
DtKjsw^'m iiESfiAVK ACKKnm
52. Replacement Reserve
^ \
53. Operating Reserve
^ - % N
54. Other (Specify)
^'" '
55. TOTAL Reserves:
.
miAHCiAL mmi^m mm-mm
liiilili^iiiliiil
iiSSSSSSiiSlSiS^^
56. Debt Service (1st)
^
57. Debt Service (2nd)
^
58. Other (Specify)
^
59. Other (Specify)
^'
60. Other (Specify)
6L TOTAL Financlai Expenses:
msm»immsi
62. Distributions
63. TOTAL EXPENSES:
^
Page 496.76
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§ 8138
Contract Number:
V. CALCULATION OF ASSISTED UNIT EXPENSES (all projects)
FISCAL YEAR
Development Name:
Units - Assisted/ToUl:
Prepared by:
;;i::ii::-:i;?->;si:Slix:?
||||||p|||;||;|||^^
isiiliiiiiiiiiiPBH^^^^
WmmMmmmmm
iiiiiiiiiiiiiiii
iiiiiiB::i*yi:;::.
l^:; :^)vfe^N^!es|ilNi:i^
Wi:-Wmimf::mMM
|l|;s|i|i||||||ii
1. Sponsor Overhead
2. Contract Management Fee
3. TOTAL Management Fee:
'liiiiiiiliiiiill^
ii!i::^liiiiii;:iil::il;
■iv-!-;- !■:■:-:■: v;-!-;-:-i-^^
WMMWmMMM
'■■?:''':"'*-^''-x'-''^?^^
4. Leases
S. Matketing/Advertising
6. Audit
7. Legal
8. Transportation (Vehicle Maintenance)
9. Telephone
10. Business Licenses
1 1 . Miscellaneous Administrative Expenses
12. TOTAL Administrative Expenses
iililll
::|::::;;:|x;;|:|:-:;:|Xvr:::x"::;;v:::::::v::'i^^^^
iliilliiiiililii
■■"""""■"" ' '
:||||i|i||SS;-;i-^x-.^^^
13. On-site or Off-site Manager
14. Assistant Manager
15. Desk Cleric
16. Child Care Center Penonnel
_
^
17. Job Training/Emp. Tmg Personnel
1 8. Grounds/Maintenance Personnel
19. Janitoria] Persotmel
20. Other Supportive Services Personnel
21. Other (Specify)
22. TOTAL Salaries/Benefits:
MAlNTESTASrCE:
23. Supplies
24. Elevator Maintenance
25. Pest Control
26. Grounds Contract
27. Interior Painting/Decorating
28. Furniture, Fixtures & Equipment
Clndoor/Outdoor)
29. Other (Specify)
30. TOTAL Maintenance:
wwmmx
. . . ■^W.WWN
1 3L Trash Removal
Page 496.77
Register 92, Nos. 15-17; 4-24-92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
V. CALCULATION OF ASSISTED UNIT EXPENSES (all projects)-(Cont'd.)
FISCAL YEAR
■^:;|;:iiii||il||i||||
iillili^^i^l^iiilillSilli^^
■ ;I-illiiiiiiiiiiiiili^^^^^^
WmmMmAM
iiii*gis5i|i|;;|i|:;
iiiiiiiiPiaiii:
;:::|::;iRi||TI(i|ii;::;i
liiissiili^ifirFri:!!
::||i|||i|i::|i|piiK^^^^
iiiiiii:iliiiiiiiii:^l
'^^mB^K:
^^SBKSmn
32. Electricity
33. Gas
34. Water & Sewer
35. TOTAL Utilities:
IKS^ORANCS^
36. PropeityAiability Insurance
37. Bonding
38. Other (Specify)
39. TOTAL Insurance:
iilllilillllM^^
;|ii|:|;;;|||||||||||||;
mm^0mm&M^
40. Real Estate Taxes/PILOTS
41. TOTAL Taxes:
OTIfER:
42. Tenant Management/Training & Education
43. Food
44. Medical Expenses (Including Hrsl Aid Supplies)
45. Transportation of Residents/Children
46. Job Training & Employment Program
47. Books and Si^jpUes
48. Other (Specify)
49. Other (Specify)
50. TOTAL Other:
51. SUBTOTAL Operating Expenses
1>E«JSlT«TO RESEKVR ACCOiJfiR*
_
•
52. Replacement Reserve
53. Operating Reserve
54. Other (Specify)
55. TOTAL Reserves:
FI?(ANC3AL SXi^NiSES (^)^ON^^I^i}l^
56. Debt Service (1st)
57. Debt Service (2nd)
58. Other (Specify)
59. Other (Specify)
60. Other (Specify)
61. TOTAL Financial Expenses:
IffiSTItmmiONSt
62. Distributions
63. TOTAL Expenses:
Page 496.78
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^ 8138
Contract Number:
Units - Nonassisted/Total:
VI. CALCULATION OF NONASSISTED UNIT EXPENSES (for projects w/nonasslsted units)
FISCAL YEAK
Development Name:
Prepared by:
^J^■■^■'.^lu■■■■.i■^■-^V■lv:.!V:!:!:^^:^^V:V■^^!:^^^;;;r!!::^:^;;^?Vx"
^:f'}Mi:i-<':t:my^
^^^^^^^^^^^^^^^^^^^^^^^^^^mU
lilSiiiilliillilH^
liiiiiiiiii-
iliilliilivilii
|||||||p|;;||||||
il:;;:?iii||||ii!|ii|
Wiii:y:^iiifV^:^:'^^
v;?-;;:i:H:i::;S:;i::i:;:::;:S
1. Sponsor Oveihead
2. Coninct Management Fee
3. TOTAL Management Fee:
ii|||||i^||ij|ii|J
illiiilisiiiiil
^■;-::;-:-i::':;>:::;:->:;:;:-:vi:i;::-o-:-:-:-:-^^^^^^
i|:||i|i|||;:||||||||;i
|^iiiii|iii|||:;i;;||::::
4. Leases
5. Maiketing/Adverdsing
6. Audit
7. Legal
8. Transportation (Vehicle Maintenance)
9. Telephone
10. Business Licenses
11. Miscellaneous Administrative Expenses
12. TOTAL Administrative Expenses
liiliiiiiiiii;i|i:ii
13. On-site or Off -site Manager
14. Assistant Manager
15. Deslc Clerk
16. Child Cane Center Personnel
^
^ ^
17. Job Training/Emp. Tmg Personnel
1 8. Grounds/Maituenance Personnel
19. Janitorial Personnel
20. Other Supportive Services Personnel
21. Other (Specify)
22. TOTAL Salaries/Benefits:
.MUUDNTSNANCS:
■
'■■
23. Supplies
24. Elevator Maintenance
25. Pest Control
26. Grounds Coturact
27. Interior Painting/Decorating
28. Furniture, Fixtures & Equipment
(IndoorADutdoor)
29. Other (Specify)
30. TOTAL Maintenance:
vrfunmi^i
lpilli|i|ii|iil
^-,;. . .-.v.>v. ..■.-..•...-.. .
31. Trash Removal
__
Page 496.79
gister 92, Nos. 15-17; 4-24-92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
VI. CALCULATION OF NONASSISTED UNIT EXPENSES (for projects w/nonassisted unlts)-{Cont'd.)
FISCAL YEAR
l|i:^i!l|;?i:iil;iii;iiliiH^^
iii|||i|pl||;iillii|i^^^^^
WStSt^^KS^^^^^^^m&S^t
||:;p|i||si|;;|l|||;|;;
mmmmmmmmm
:;;:;;;l||i|||p;;|pi|^
|||:|||;|;i|:|::;||;|||i;
WMMWMm-:yr'mmw:i
32. Eleciricity
33. Gas
34. Waier & Sewer
35. TOTAL UUIities:
INStJHASKSEi
36. Property/Liability Insurance
37. Bonding
38. Other (Specify)
39. TOTAL Insurance:
;::^-|:ii?^iii|||||i|||||i|
:j;:::|;;i-:;;J;;;:;;;:;:;;;:;:;S:;:;.;:;:;;;:^^^
>;-:::;:;;:;:;^;:V;;;:;:x.v!::;;;x:;:vvV::>;:;:;:;-:;::;;::>:;;::::
lllilllillli||||li|
||||i|;i:j|::|ii||||||i
40. Real Estate Taxes/PILOTS
41. TOTAL Taxes:
lliHiiiiiiia^^^^^^^^^^
xSx:^:;:;:;:;:5i:i:;:i:;:;:i:::;:;:;S^^^
::'::::ffi::W::T:!;:W^
42. Tenant Management/Training & Education
43. Food
44. Medical Expenses (Including First Aid Supplies)
45. Transporution of Residents/Children
46. Job Training & Employment Program
47. Books and Supplies
48. Other (Specify)
49. Other (Specify)
50. TOTAL Other:
51. SUBTOTAL Operating Expenses
»E«>saTSir& RESEJtvs: ACcoupfT
52. Replacement Reserve
53. Operating Reserve
54. Other (Specify)
55. TOTAL Reserves:
inffiEAJSOAt EXi^JftSES (NON.FHBf^
^
56. Debt Servdce (1st)
57. Debt Service (2nd)
58. Other (Specify)
59. Other (Specify)
60. Other (Specify)
61. TOTAL Financial Expenses:
l>KTttffitn'IONS:
-
•
62. Distributions
63. TOTAL Expenses:
Page 496.80
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8138
Contract Number:
Units - Assisted/Total:
vn. CALCULATION OF COMMERCLVL SPACE EXPENSES (for projects w/commercJal space)
FISCAL YEAR
Development Name:
Prepared by:
iliil:Piilii^ii(iiililM
;:SS;S;S:;;:::?iS;i¥|SS::Sg^^^^^^
lilllllililBliBiii^^
i:SmBBMMm&SMB9M^
iiKiiiiiii:
gMmmmMmm
mrnmmmmmm
::;;::;|jyiAi||i|iv^
Wff^MM^-^MMM^i^
1 . Sponsor Overhead
2. Contract Management Fee
3. TOTAL Management Fee:
§§^^^^^^^^^^^^^^l§^^^
iiiiiiiiiiiili
mmmmmmm
liiiPiiillil!-
4. Leases
5. Marketing/Advertising
6. Audit
7. Legal
8. Transportation (Vehicle Maintenance)
9. Telqjhone
10. Business Licenses
11. Miscellaneous Administrative Expenses
12. TOTAL AdministraUve Expenses
-■:i:^cittdfe;ivaSt^^
liiif:l;iliiiiiilii;i
iliiliiiliiBilli
—
13. On-site or Off-site Manager
14. Assistant Manager
15. Desk Clerk
16. Child Care Center Personnel
17. Job Training/Emp. Tmg Personnel
1 8. Grounds/Maintenance Personnel
19. Janitorial Personnel
20. Other Supportive Services Pcrsortnel
21. Other (Specify)
22. TOTAL Salartes/Benents:
:ip^liiM|^ili||;iP^^^^
^lllllllllllll
SiSSHSSwHSKSHs^
23. Supfdies
24. Elevator Maintenance
25. Pest Control
26. Grounds Contract
27. Interior Painting/Decorating
28. Furniture, Fixtures & Equipment
(Indoor/Outdoor)
29. Other (Specify)
30. TOTAL Maintenance:
;:9|;i?:W:^iii;-PlliMilils
:|||;i|||||||||||||:i|^^^
31. Trash Removal
Page 496.81
Register 92, Nos. 1 5 - 1 7; 4 - 24 - 92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
VII. CALCULATION OF COMMERCLVL SPACE EXPENSES (for projects w/commercial space)-(Coiit'<L)
FISCAL YEAR
illi;llffil;Eli;lll::^
IIIIIJIIIIIIIpll^^
Wft^^^^^^^^^^^^^^^m
mmmmmmm
i:%ii|||||IJi||^
i:|;|:Ki:i;;iii|i||liii;:;i;:;
32. Electricity
33. Gas
34. Water & Sewer
35. TOTAL UtiliUes:
msOSAJ^OEi
.
36. Property/Liability Insurance
37. Bonding
38. Other (Specify)
39. TOTAL Insurance:
W^^^^^^^^^^^^^^^m
■|iiiili:ii;llllliiilll
iiiiiiiiiiiiiiii
i|||||p|||i||:||i;i;i::;|
40. Real Estate Taxes/PILOTS
41. TOTAL Taxes:
|::|||||iilllliiii«llllll^^^^^^^^
j;::::>x:|:":':>>>x>i|:;:-;v;|;::|:-::;|:|:x:::;:;::;;:;:x^^
:
iSiiSSsiJSsSSS
42. Tenant Management/Training & Education
43. Food
44. Medical Expenses (Including First Aid Supplies)
45. Transportation of Residents/Children
46. Job Training & Employment Program
47. Books and Supplies
48. Other (Specify)
49. Other (Specify)
SO. TOTAL Other:
51. SUBTOTAL Operating Expenses
IMgi^^CrafO HIK^ERVE ACCOUJVf
"^^^^^WM^^fM^yMM
^^mmS^^m
ii;iiilii;liiiiilill
;-:ox^^>>;-:-:-:?;--$SS:-"-"^'^-^^
52. Replacement Reserve
53. Operating Reserve
54. Other (Specify)
55. TOTAL Reserves:
IBIiiliililiH
WMMMMM&m:-'
.;;S"!;;:SS;:::i;i;i:i::SW;^^
/;-;-;-;v;v;-:-'-:-:w:-:-:-!:;;-^
56. Debt Service (1st)
57. Debi Service (2nd)
58. Other (Specify)
59. Other (Specify)
60. Other (Specify)
61. TOTAL Financial Expenses:
iastjteiJnmo?«^i
•
62. Distributions
63. TOTAL Expenses:
Page 496.82
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
^8138
Contract Number:
VIII. CALCULATION OF CHILD CARE CENTER EXPENSES (for sponsor-operated centers)
FISCAL YEAR
Development Name:
Units • Assisted/Total:
Prepared by:
I5l||ii|l|||j||||ii^
ii
i||ii:||:iP^iei;|i|iii:iii^^
;;::gs:::iasSS:;S^
:: X :■ ■ -'vx:-- x^: ■:■ '^-y- -o ^ '-x:'::' ::>>x-::x-::: w^^
mmmmmmmm
imsMmMi^mimfi^iMMM
:::Si:iS::;S;i::S::i::i
iiiiiililiiiiiii
llllpll:-::!":-;^^^
1 . sponsor Oveiiiead
2. Contract Management Fee
3. TOTAL Management Fee:
■mmmmmmmmmmmBm^^^Mm-.
||i;|i||||||i|;|||
|>:;S:;:::o:;:::S':':;:::S!:x:;:;S:;IW:;:;!;:-:;:;:;?^
il||i|iill|i|ii
4. Leases
5. Marketing/Advertising
6. Audit
7. Legal
8. Transportation (Vehicle Maintenance)
9. Telephone
10. Business Licenses
1 1 . Miscellaneous Administrative Expenses
12. TOTAL Administrative Expenses
(Indfide <n)tae oC F<ait<ltscQuttts)
13. On-site or Off-site Manager
^ . .
■^
14. Assistant Manager
^
^ N ^
15. Desk Cleric
16. Child Care Center Personnel
17. Job Training/Emp. Tmg Personnel
"
^ •
18. Grounds/Maintenance Personnel
19. Janitorial Personnel
20. Other Supportive Services Personnel
21. Other (Specify)
22. TOTAL Saiaries/Benents:
MAJNTSNANCE:
23. Supplies
24. Elevator Maintenance
25. Pest Control
26. Grounds Contract
27. Interior Painting/Decorating
28. Furniture, Fixtures <& Equipment
(Indoor/Outdoor)
29. Other (Specify)
30. TOTAL Maintenance:
17rE.T!1«»:
illilliB
:
31. Trash Removal
Page 496.83
Register 92, Nos, 15-17; 4-24-92
§8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
VIII. CALCULATION OF CHILD CARE CENTER EXPENSES (for sponsor-operated centers) - (Cont'd.)
FISCAL YEAR
lllilHIiSiiiiHIiiliiiiil^il^^
iiiiiiiiiiiBiiB
■ililiillillB^^
llllilisiliiliiN
mMmmMmmm
iiiilli(iR:;iii;:;i
iiiiiiiiii:;iiliiH^
^i$Sfii^yyi^::fflf^:i^^
^^y^yy^^^:^:^^^
32. Electricity
33. Gas
34. Water & Sewer
35, TOTAL Utilities:
JN$UKANCEi
:
111111111111111111
36. Property/Liability Insurance
37. Bonding
38. Other (Specify)
39. TOTAL Insurance:
itAJBes*- ■
:
40. Real Estate Taxcs/PILOTS
41. TOTAL Taxes:
afSMi
:
42 Tenant Management/Training & Education
;
43. Food
44. Medical Expenses (Including First Aid Supplies)
45. Transpoitation of Residents/Children
46. Job Training & Employment Program
'■.■:':^:^>>i^:<^^
ipispilil^iiiii
47. Books and Supplies
48. Other (Specify)
49. Other (Specify)
50. TOTAL Other:
51. SUBTOTAL Operating Expenses
»B?osia?8f o 5fcesEnw Accomt
\ .
52. Replacement Reserve
53. Operating Reserve
54. Other (Specify)
55. TOTAL Reserves:
llilliiii^
M^^mWMi^tmM^
iillli;-;:|fi|||||||:
iiiil-iliiiiiiiiiiiilii
•iS'M 5 :;i;.;;:;:lt;.' ' "1": - .-■; ...... .
56. Debt Service (1st)
57. Debt Service (2nd)
58. Other (Specify)
59. Other (Specify)
60. Other (Specify)
61. TOTAL Financial Expenses:
lastJUJ^tmojsfife
^^^^^m
62. Distributions
63. TOTAL Expenses:
•
Page 496.84
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8138
Contract Number:
Name of Facility:
IX. CHILD CARE CENTER
INCOME AND EXPENSES
(for contracted operators)
FISCAL YEAR
Development Name:
#FHDP Slots/Total Slots:
I^IjrCOME
BUDGET
ACTUAL
1. Parent Fees
2. Child Care Food/National Lunch Program
3. Reimbursement for GAIN children
4. Reimbursement for WIN children
5. Reimbursement from Stale Dept. of Education
6. Reimbursement from JPTA
7. Lease Payments
8. Other (Specify)
a.
b.
c.
d.
9. TOTAL INCOME
iL£XffeNS£&
10. Care and Services
a. Food
b. Housekeeping - Cleaning supplies
Laundry and dry cleaning
c. Equipment for programs and recreational activities
d. Books, newspapers, magazines, etc.
e. Medical expenses (including first-aid supplies)
f. Transportation for clients
1 1 . General Administration
a. Salaries (professional, clerical, housekeeping, etc.)
b. Fringe benefits (Unemployment Insurance, Worker's Comp, OASDI,
retirement fund)
c. Transp)ortation (Gen.) Auto maintenance, insurance
d. Telephone
e. Office supplies, postage, etc.
f. Advertising, publicity, printing, etc.
g. Business licenses, professional memberships, conference cost, etc.
h. Bonding and public liability insurance
i. Fire insurance
12. Physical Plant
a. Rent, lease, or mortgage payments
b. Taxes (on personal and real property)
c. Utilities: Gas
Elearicity
Water
d. Rubbish and garbage collection
e. Maintenance and repairs: For equipment
For buildings and grounds
f. Furniture and equipment
13. TOTAL EXPENSES
m, «Rfi!S& PROFIT (OR tOSS>
iiii;^;^iiiiiiiiiiiii
iiiiiiiiiiiiiiii
Completed by:
Title: Dale:
Page 496.85
Register 92, Nos, 15-17; 4-24-92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Contract Number:
Units - Assisted/Total:
X. USES OF NET OPERATING EVCOME (all projects)
FISCAL YEAR
Development Name:
Prepared by:
:ilillllBllililllll
;;ilii;uiii;:ii?ii
iiiilioiiassiiiiiii
i:ifi|iii:;|::i|i
iiiiliiiliiiii
ii;iiiiiii:ipiiiiiiii
iiiiiiHiiii
iiiiiiiiilli
iiiiii^iiililii
illlliifiliisiillll
1. Actual Income
2. Approved Budgeted Operating
Expenses
( )
( )
( )
( )
( )
3. Actual Operating Expenses
( )
( )
( )
( )
( )
4. Lesser of Line 2 or 3
( )
( )
( )
( )
( )
5. Net Operating Income
(Line 1 minus Line 4)
6. Deposit to Reserve
Accounts
( )
( )
( )
( )
( )
7. Transfer of Income from
Account*
( )
( )
( )
( )
( )
8. Receipt of Income from
Transfer (Reapportioned
Income)
9. Sponsor Distributions
10. FHDP Interest Payments
1 1. FHDP Principal Payments
12. Amount to Deposit in
HCD Emergency
Reserve Fund
*List income from nonassisted units or commercial space used to subsidize assisted units or child care center, or income from
assisted units used to subsidize child care center. The totals of lines 7 and 8 should be zero.
Page 496.86
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
i}8138
XI. REPORT OF FHDP LOAN PAYMENT BALANCES (all projects)
FISCAL YEAR
Contract Number:
Units - Assisted/Total:
Development Name:
Prepared By:
.
AMOUNT
1. Original Principal Amount
2. Total Principal Paid in Previous Years
3. Principal Paid in This Fiscal Year
4. Outstanding Principal Balance
5. Total Interest Due in Previous Years
6. Interest Due in This Fiscal Year
7. Total Interest Due
8. Total Interest Paid in Previous Years
9. Interest Paid in This Fiscal Year
10. Total Interest Paid
11. Outstanding Interest Balance
Page 496.87
Register 92, Nos. 15- 17; 4-24-92
§8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
XII. REPORT OF VACANCY LOSS,
UNCOLLECTIBLE RENTS & SERVICE PAYMENTS (all projects)
FISCAL YEAR
Contract Number:
Units - Assisted/Total:
Development Name:
Prepared By:
i|ljj|i|ji||ji|B^^^^^
Proposed (A)
Apjproved (B)
ASSISTED UNITS:
1. Rent Loss Due to Vacancy
2. Uncollectible Rents & Service Payments
3. Total Rent Loss - Assisted Units
NONASSISTED UNITS:
4. Rent Loss Due to Vacancy
5. Uncollectible Rents & Service Payments
6. Total Rent Loss - Nonassisted Units
COMMERCIAL SPACE:
7. Rent Loss Due to Vacancy
8. Uncollectible Rents
9. Total Rent Loss - Commercial Space
10. TOTAL PROJECT RENT LOSS
Page 496.88
Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
§8138
Xm. REPORT OF REPLACEMENT RESERVE ACCOUNT (all projects)
FISCAL YEAR
Contract Number:
Units - Assisted/Total:
Development Name:
Prepared By:
Proposed (A)
Approved (B)
1. Beginning Balance
2. Deposits
3. Withdrawals
4. Ending Balance
5. Summary of Withdrawals
6. TOTAL WFTHDRAWALS
Footnotes:
Page 496.89
Register 92, Nos. 1 5 - 1 7; 4 - 24 - 92
§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
XIV. REPORT OF OPERATING RESERVE ACCOUNT (all projects)
FISCAL YEAR
Contract Number:
Units - Assisted/Total:
Development Name:
Prepared By:
PROPOSED (A)
APPROVED (B)
1. Beginning Balance
2. Deposits
3. Withdrawals
4. Ending Balance
5. Summary of Withdrawals
6. TOTAL WITHDRAWALS
Footnotes:
Page 496.90
Register 92, Nos. 15-17; 4-24-92
Title 25 Department of Housing and Community Development Programs ^8138
XV. MANAGEMENT REPORT (aU projects)
FISCAL YEAR
1. Describe any notice or citation for violation of local housing codes.
2. Describe any major purchases or maintenance work undertaken in the reporting year,
3. Describe any major repair or maintenance work still needed.
4. Determine vacancy rate by completing (a) through (e) below.
(a) Total number of units: x 12 months = unit months
(b) Number of vacant units during the year:
(c) Number of months vacant
(d) Number of vacant unit months:
(b) X (c) = (d)
(e) Vacancy rate:
(d) ^(a) = %
5. How many households were evicted during the year? List each eviction by unit
number and explain reason for each.
6. Describe any problems which arose in filling vacancies and steps taken to address
them.
7. How many names are currently on the waiting list?
Lower-income applicants
Very low-income applicants
Families with children
Elderly applicants
Total
8. Describe any additional management problems that occurred during the past fiscal
year and steps taken to solve management problems.
9. Have there been any changes in property management staff responsible for the
project? If so, identify new staff and attach their resumes.
Page 496.91 Register 92, Nos. 15-17; 4-24-92
§ 8138 BARCLAYS CALIFORNIA COPE OF REGULATIONS Title 25
XVL CHILD CARE REPORT
FISCAL YEAR
Section 1. To be completed by all projects with on-site child care centers.
1. a. Full name of child care center operator:
b. Attach a copy of the contract, if the child care center is not operated by the
sponsor.
c. Will the contract be renewed? If not, why not? Explain who will operate the
child care center.
2. a. When was your hcense last renewed?
b. Were any deficiencies noted by the Department of Social Services (DSS)? If
so, attach notice of deficiency issued by DSS. Explain how the deficiency was
resolved.
3. Describe any problems experienced in establishing, implementing and/or operating
the child care center. How were these problems resolved?
4. Describe the changes that will be made in the next year to improve the quality of the
child care center.
5. Describe how your center used volunteers. Include in your description the pool of
volunteers, number of volunteers, number of donated hours, and type of training
provided.
6. Complete the program information chart on the following page.
Section 2. To be completed by congregate projects without on-site child care.
1. Describe the assistance provided to residents in locating child care. Identify all child
care centers and family day care homes used by residents.
2. Number of FHDP households assisted
Number of FHDP children assisted
3. Describe the ways that the child care was made affordable to families. List the
amounts and type of subsidy provided to families.
4. Describe the changes that will be made in the next year to improve your child care
assistance to residents.
Page 496.92 Register 92, Nos. 15-17; 4-24-92
Coniract Number
Name of Child Care Facility:
license #:
XVI. CHILD CARE REPORT (Cont'd.)
PROGRAM INFORMATION CHART
nSCALYEAR
Development Name:
Name of Child Care Center Operator
Prepared by:
Name
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Monthly average; Number of FHDP households in need of child care*:
TOTAL of FHDP children enrolled:
TOTAL of FHDP households with enrolled children:
* due to job training or employment
§8138 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
XVn. SUPPORTIVE SERVICES REPORT
FISCAL YEAR
1. Complete the program information chart on the following page.
2. Describe a few case histories that illustrate ways that residents have benefitted from
these supportive services.
3. Describe the problems experienced in establishing, implementing and/or operating
supportive services. How were these problems resolved?
4. Describe the issues/problems that residents had that were not anticipated. How were
these problems addressed?
5. Describe the changes that will be made in the next year to improve the quality of the
supportive services offered to residents.
Page 496.94 Register 92, Nos. 15-17; 4-24-92
Title 25
Department of Housing and Community Development Programs
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^ 8138 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25
XVm. JOB TRAINING AND EMPLOYMENT REPORT
FISCAL YEAR
L Complete the Job Training and Employment Program Information Chart on the following page.
Z E>escribe the steps you have taken to implement your job training and placement program.
3. Describe how services are coordinated, including program marketing to tenants, family case management, and follow-
up. Attach a resume of sponsor staff who are responsible for program coordination and indicate their job duties and
average weekly hours.
4. Describe the employment status of both current and new FHDP residents.
FHDP Residents All FHDP Residents
Upon Entry
This Fiscal Year
# Unemployed
In Training/Education
or Voc. Ed Programs
Employed
Full-Time
Part-Time
5. Describe the types of jobs for which residents have been trained both within the rental development and community
at large. What is the average wage of these jobs? List the positions held within the development of FHDP
households.
6. Describe how your program defines success in the Job Training and Employment program and to what extent your
program has been successful. Provide case histories to illustrate success.
7.. Describe which employment service components most contributed to your successes and which need to be changed,
modified, and/or improved.
8. Describe the problems in establishing, implementing and/or operating the job training program. How were these
problems resolved?
9. What recommendations could be made to project sponsors to coordinate or set up a similar employment program?
•
Page 496.96 Register 92, Nos. 15 - 1 7; 4 - 24 - 92
Title 25
Department of Housing and Community Development Programs
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§ 8138
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
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Register 92, Nos. 15-17;4-24-92
Title 25
Department of Housing and Community Development Programs
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Ntni ■ Auihoiilv cued: Sections .'=i()4()6( n ). 50884 and 50895. Health and Saletv
OhIc. Keterence: Section 50893.7. Health and Safety Code.
Hl.SlOI^V
1. New.section Tiled 12-14-90 as anenKTgency:opeiative l2-l4-90(Regislery I.
No. I 1). a\ Certilicale of Compliance must be transmitted to OAL hy 4-15-91
or emergency language will be repealed by operation ot lav\ on the following
day.
2. Repealed by o|ieration of law on 4-16-9 I .
?\ New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will he repealed by operation of law on the follow ing <lay .
4. Nev\ section refiled I 1-15-91 as an emergency; operative I I-I.5-9I (Register
92. No. 16). A Certificate ol Compliance must be transmitted to OAL .VI 6-92
or eniereencv laneuaee will be repealed by operation of law on the followine
day.
5. Cciiilicatc of Compliance as to 1 1-1.5-91 order transmitted to OAL 12-12-91
and filed 1-1.V92 (Retrisler 92. No. 16).
§8139. Operating Budget.
(a) Prior lo loan closing, fhe sponsor shall provide the departmenl an
initial operating budget for its approval. Such budget shall show ail anlic-
ipaled income, expenses for tnanagement. operations, and maintenance,
debt service and reserve deposits for the initial operating year.
(b) Sixty days prior to the end of each current fiscal yearof each project
the sponsor shall subrnit to the department for its approval a proposed op-
erating budget, iticluding an accounting of the housing component, sup-
portive service component, and job training and placement program.
( 1) The proposed operating budget shall set forth the sponsor's esti-
tnate of the operating income, operating expenses, and debt service for
the upcoming year associated with the housing coinponent, and any pro-
posed rent increases pursuant to section 8 1 22.
(2) The proposed operating budget for the supportive service compo-
nent shall set forth sponsor's estimate ol' the operating income and ex-
penses for the upcoming year associated with the provision of supportive
services.
(.3) The proposed operating budget for job training and placement pro-
grams shall set forth the sponsor's estiinate of the operating incoine and
expenses for the upcoming year associated with the provision of such
programs.
(c) The Department's approval of the initial and subsequent proposed
operating budgets shall be based on its determination that the budget line
items are reasonable and necessary in light of costs for comparable rental
housing developments and prior operating budgets for the rental housing
development. Actual expenditures or withdrawals from reserve funds in
excess of the approved budget amount shall be subject to prior written
approval of the department.
(d) The initial operating budget and subsequent proposed operating
budgets shall include periodic deposits, on no less than an annual basis,
lo:
( 1) a replacement reserve account for capital improvements, such as
replacing structural elements, furniture, fixtures, or equipment of the
rental housing development, which are reasonably required lo preserve
the project: and
(2) an operating reserve account in an amount sufficient to offset po-
tential shortfalls in operating the housing component and the required
supportive services and the job training and placement programs.
(e) Upon initial occupancy, the ainount in the operating reserve ac-
count shall beat least 2 percent of total project development costs and the
replaceiTient reserve shall be at least one percent of the total project devel-
opinent costs.
(f) For projects with a child care center, nonassisted units, or commer-
cial space, all budgets submitted pursuant to this section shall show in-
come and uses of income allocated among assisted units, nonassisted
units, the child care center, and commercial space. The allocation method
used for each budget line item shall be subject to department approval
and shall apportion income and expenses in a manner that accurately re-
tlects the particular physical, operational and economic characteristics of
the project.
NOTt- Authority cited: Sections 5()406(n). 50884 and 50895. Health and Saletv
Code. Reference: Section 5089.\7(i), Health and Safety Code.
HiSIORY
1 . New section filed 1 2-14-90 as an emergency; operative 1 2-1 4-90 ( Register 9 1 .
No. 1 I). A Certificate of Compliance must be transmitted to OAL b\ 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-9 1 .
.3. New section filed 7- 1 9-9 1 as an emergency; operative 1- 1 9-9 1 ( Register 92.
No. 16). A Certificate of Compliance must be transmitted tt) OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the lollov. ing tiay.
4. New section refiled 1 1-15-91 as an emergency; operative I 1-15-91 (Register
92. No. 16). A Cenificate of Compliance must be transmitted to OAL .3-16-92
or emergency language will be repealed by operation ol law on the following
day.
5. Certificate of Compliance as to 1 1-15-91 order transmitted to OAL 12-12-91
and filed I-L3-92 (Register 92. No. 16).
§ 8140. Emergency Reserve Subaccount.
(a) The departtnent shall establish an emergency reserve subaccount
in the Account. Three (3) perceni of any allocation made lo the Account
pursuant to Health and Safety Code .section 531 3()(a) shall be deposited
into the etnergency reserve subaccount. Excess funds returned to the de-
partment pursuant to section 8123(h) and 81 17(e)(2)(B) shall be depos-
ited into the etnergency reserve subaccount to first, replace the allocated
funds in the subaccount on adollar-for-dollar basis and then to replenish
the emergency reserve subaccount. Excess funds received which cause
the etnergency reserve subaccount to exceed three perceni of all alloca-
tions to the Account shall transfer to the Account and become available
for loans pursuant to this subchapter.
(b) The department shall maintain a default reserve subaccount, as a
portion of the emergency reserve subaecouni. in an amount equal to 2
percetii of all allocations to the Account pursuant to Health and Safety
Code section 53 130(a) for the purpose of a voiding or curing defaults pur-
suant to section 8136(e).
(c) When funds in the emergency reserve subaccount exceed the 2 per-
cent required to be maintained pursuant to subdivision (b), the depart-
ment shall be authorized to advance funds from the emergency reserve
subaccount to defray unanticipated cost increa.ses or revenue shortfalls
to the extent necessary to preserve fiscal integrity o\' any project and to
maintain rents in accordance with program requirements. All funds so
advanced shall be part of the program loan to the sponsor and subject to
the same interest rate and terms of repayment.
NOTE: Authority cited: Sections 50406(n). 50884 and 50895. Health and Saletv
Code. Reference: Sections 50883.5(b) and 53130. Health and Safety Code.
History
1 . New section fded 12- 14-90 as an emergency; operative 1 2-1 4-90 ( Register 9 1 ,
No. 1 1 ). A Cenificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by t)peration of law on the folk)wing
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7- 19-9 1 (Register 92.
No. 16). A Certificate of Compliance must be transmitted lo OAL 1 1-6-91 or
emergency language will be repealed by operation ot law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative I 1-15-91 (Register
92. No. 16). A Certificate of Compliance must be transmitted to OAL 3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 11-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92, No. 16).
§ 81 41 . Feasibility Subaccount.
(a) The department shall establish a feasibility subaccount in the Ac-
count. Four (4) percent of any allocation made to the Account pursuant
to Health and Safety Code section 53130(a) shall be deposited into the
feasibility subaccount. Excess funds returned to the department pursuant
to section 8123(h) and 81 1 7(e)(2)(B) shall be deposited into the feasibil-
ity subaccount to first replace the allocated funds in the subaccount on
a doUar-for-doUar basis and then to replenish the feasibility subaccount.
Excess funds received which cause the subaccount to exceed four percent
of all allocations to the Account shall transfer to the Account and bect)ine
available for loans pursuant to this subchapter.
Page 496.99
Register 2004, No. 37; 9-10-2004
§8142
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) To the extent necessary to assure or preserve fiscal integrity and to
establish or maintain rents in accordance with program reqLiiremenls, the
department shall be authorized to advance funds from the feasibility sub-
account vv/hen necessary:
(1) to defray unforeseeable construction cost increases prior to the
completion of construction; or
(2) to defray unforeseeable capital expenses at any time during the
term of the loan.
(c) All funds advanced pursuant to subdivision (b) shall be part of the
program loan to the sponsor and subject to the same interest rate and
terms of repayment.
id) Upon determination that another percentage is more appropriate
based on the actual demand on the subaccount by program sponsors, the
department shall alter the percentage of the allocation that is required to
be maintained in the subaccount in order to meet the actual demand.
1 1 ) Such a determination will occur either at the time of a new alloca-
tion to the Account or during the annual review of the subaccount.
(2) The percentage of all allocations to the Account that shall be main-
tained in this subaccount shall not be adjusted to exceed ten percent.
NOTF:: Authority cited: Sections 504()6(n). 50884 and 50895. Health and Safety
Code. Reference: Sections 50883.5(a) and 53130. Health and Safety Code.
History
1. New section filed 12-1 4-90 as an emergency; operative 12-1 4-90 (Register9l.
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-1,5-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section fded 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Certificate of Compliance must be transmitted to OAL 1 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 1 1-1,5-91 (Register
92, No. 16). A Certificate of Compliance must be transmitted toOAL 3-16-92
or emergency language will be repealed by operation of law on the i'ollowing
day.
5. Certificate of Compliance as to 1 1-15-91 order transmitted to OAL 12-12-91
and filed 1-13-92 (Register 92, No. 16).
§8142. Approvals.
Except during the application process set forth in section 8130, where
the department's approval is required throughout this subchapter the fol-
lowing process shall apply:
(a) The sponsor shall apply for the approval by providing the depart-
ment with a written request mailed to the Family Housing Demonstration
Program, Division of Community Affairs, Department of Housing and
Community Development, P.O. Box 952054, Sacramento, CA
94252-2054 or panafax to (916) 323-6625. All documentation or infor-
mation necessary for the approval shall accompany the request.
(b) Within 30 working days of the receipt of the request for approval.
the department shall notify the sponsor in writing if the required docu-
mentation and information are not complete. If the documentation and
information are not complete, the department will specify what addition-
al documentation and information are needed.
(c) Within 30 working days of the notification to the sponsor of wheth-
er i;he request for approval is complete, the department shall notify the
sponsor in writing whether approval is provided. If approval is not pro-
vided, the department shall provide the reasons for denying approval.
(d) A complete request for approval is one which provides all docu-
mentation and information necessary for the department to make a deter-
mination as to whether approval can be provided.
Note: Authority cited: Sections 50406tn), 50884 and 50895, Health and Safety
Code. Reference: Section 15376, Govemmeni Code; and Section 50884. Health
and Safety Code.
History
1. New sect ion filed 12-14-90as an emergency; operative 12-14-90(Register91,
No. 1 1). A Certificate of Compliance must be transmitted to OAL by 4-15-91
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of law on 4-16-91.
3. New section filed 7-19-91 as an emergency; operative 7-19-91 (Register 92.
No. 16). A Ceilificaie oi' Compliance must be transmitted to OAL I 1-6-91 or
emergency language will be repealed by operation of law on the following day.
4. New section refiled 1 1-15-91 as an emergency; operative 1 1-1,5-91 (Register
92. No. 16). A Ceitificate of Compliance must be transmitted to OAL .3-16-92
or emergency language will be repealed by operation of law on the following
day.
5. Ceilificaie ofCompliance as to 11-1,5-91 order transmitted to OAL 12-12-91
and filed 1-1,3-92 (Reizfster 92. No. 16).
Subchapter 17. State HOME Investment
Partnership Act Program
Article 1. General
§ 8200. Purpose and Scope.
(a) These regulations establish procedures for the award and disburse-
ment of HOME funds and establish policies and procedures for use of
these funds to meet the purposes contained in Title II of Public Law No.
1 0 1 -625, 1 04 Stat. 4079 (Nov. 28. 1 990). (42 USC 1 2701 ), known as the
Cranston-Gonzalez National Affordable Housing Act of 1990 as
amended by the Housing and Community Development Act of 1992,
Public Law' No. 102-55().
( b) The Cranston-Gonzalez National Affordable Housing Act of 1 990
and any amendments thereto provide for state administration of the
Home Investment Partnerships Program. These regulations set forth the
policies and procedures governing the department's management of
these funds. In addition to these regulations, program participants shall
comply with the HOME rules applicable to the state program as set forth
in 24 CFR part 92. In the event that Congress, the California Legislature,
or HUD add or change any statutory or regulatory requirements concern-
ing the use or management of these funds, program participants shall
comply with such requirements.
NOTE: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code.
Reference: 24 CFR part 92; and sections 50896. 50896.1 and 50896.3, Health and
Safety Code.
History
1 . New subchapter 1 7 (articles 1 -4. sections 8200-82 1 9) filed 7-2-92 as an emer-
gency; operative 7-2-92 (Register 92, No. 28). A Certificate ofCompliance
must be transmitted to OAL 10-30-92 or emergency language will be repealed
by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register
92, No. 43). A Certificate ofCompliance must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93,
No. 10). A Certifieate ofCompliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate ofCompliance as to 3-2-93 order including amendment of section
and NoTii transmiited to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Amendment of Notf-, filed 3-14-97; operative 3-14-97 pursuant to Govern-
ment Code section 11343.4(d) (Register 97, No. 11).
§8201. Definitions.
In addition to the definitions found in 24 CFR Section 92.2. the follow-
ing definitions shall apply to this subchapter. These definitions are fur-
ther provided to clarify applicable provisions contained in 24 CFR Sec-
tion 92.2.
(a) "Administrative subcontractor'" means any entity or individual
which contracts with the State Recipient or CHDO to provide any portion
of administrative services to the local HOME activity. Individuals or
groups that are acting in the capacity of developer, owner, or sponsor of
a project shall not act as administrative subcontractors for the activity.
(b) "Applicant" is any city, county, or CHDO which submits an appli-
cation to the Department to operate programs or develop or rehabilitate
projects using HOME Funds within a specified jurisdictional boundary.
(c) "Award letter" means a conditional reservation letter signed by the
director indicating that the Department has reserved funds for a project
or program subject to meeting specific conditions in the regulations.
Page 496.100
Register 2004, No. 37; 9-10-2004
Title 25
Department of Housing and Community Development Programs
^ 8201
(d) RESERVED.
(c) "CFR"" is the acronym used lor the Code of Federal Regulations.
(f) ■"CHIX)"" is the acronym for Community Housing Development
Organization and means those organizations which meet the criteria set
forth in 24 CFR Section 92.2 and are certified by the Department pur-
sLiaiil to Section 8204. 1 .
(g) "Conditional reservation" means the Department has reserved
funds for a projecl or program subject to meeting specilic conditions in
the regulations and in the award letter.
(h) ■■Department" means the State of California, Department of Hous-
ing and Community Development, which shall serve as a participating
Jurisdiction as defined by 24 CFR Section 92.2, for the purposes of this
prograiTi.
(i) ■■l^irector" means the director of the Department.
(j) "Family" is a household consisting of an individual or two or more
persons who by blood or marriage, or otherwise, live together in a hous-
ing unit.
(k) ■"Federal disbursement and information system" is the computer-
ized system operated by HUD which manages, disburses, collects data
and reports on the use of HOME funds.
(/) ""First-time homebuyer" means an individual or individuals or an
individual and his or her spouse who have not owned a home during the
three-year period before the purchase of a home with HOME assistance,
except that the following individual or individuals may not be excluded
from consideration as a first-time homebuyer under this definition:
( 1 ) a displaced homemaker who, while a homemaker, owned a home
with his or her spouse or resided in a home owned by the spouse. A dis-
placed homemaker is an adult who has not, within the preceding two
years, worked on a full-time basis as a member of the labor force for a
consecutive twelve-month period and who has been unemployed or un-
deremployed, experienced difficulty in obtaining or upgrading employ-
ment and worked primarily without remuneration to care for his or her
home and family;
(2) a single parent who, while married, owned a home with his or her
spouse or resided in a home owned by a spouse. A single parent is an indi-
vidual who: 1 ) is unmarried or legally separated from a spouse, and 2) has
custody or joint custody of one or more minor children or is pregnant ; or
(3) an individual or individuals who owns or owned, as a principal resi-
dence during the three-year period before the purchase of a home with
HOME assistance, a dwelling unit whose structure is:
(i) not permanently affixed to a permanent foundation in accordance
with local or state regulations; or
(ii) not in compliance with stale, local, or model building codes and
cannot be brought into compliance with such codes for less than the cost
of constructing a permanent structure.
(m) ■"Firsl-lime homebuyer program" means HOME funds are pro-
vided to a city, county or CHDO to administer a program to assist first-
time homebuyers. Eligible uses of these funds consist of: I) a city or
county providing a loan to the homebuyer for acquisition and up to
$ 1 0.000 for rehabilitation of a dwelling that the homebuyer selects from
the open market; provided the work is done after tran.sfer of ownership
interest; and 2) a city, county or CHDO providing assistance for the
construction of scattered site dwellings, with no more than four dwellings
on each vacant site, and each site shall be in an existing built-out neigh-
borhood. Such dwellings shall then be sold to first-time homebuyers.
(n) "'First-time homebuyer project" means that HOME funds are used
to develop a specified number of units to be sold to first-time homebuy-
ers. By the conclusion of construction, the entire HOME investment shall
be converted to mortgage assistance to the first-time homebuyers.
(o) "Funding cycle" means the annual period of time during which
HUD makes funds available to the Department for distribution pursuant
to the Act, and includes the period of time during which the Department
solicits applications and makes conditional reservations of funds.
(p) "HOME" is the abbreviation used for the Department-adminis-
tered Home Investment Partnerships Program.
(q) "HOME fund" means the account established in the U.S. Treasiny
Account of the HOME Investment Trust Fund, to which funds for the De-
partment's use in the HOME program are allocated.
(r) ""Housing" means any structure, which is currently for residential
use, or proposed for residential use, in whole or in part, including man-
ufactured housing as defined in Health and Safety Code Section I 8007.
(s) "Housing element in substantive compliance" means the local pub-
lic entity's adopted housing element is in substantive compliance as dem-
onstrated by a letter from the Department which sets forth findings that
the housing element adopted within the time frames required b> Seciit)n
65588 of the Government Code includes that substance essential to every
requirement of Article 10.6, commencing with Section 65580. of Chap-
ter 3 of Division I of Title VII of the Government Code.
(t)"HUD" means the United States Department of Housing and Urban
Development.
(u) ""Leverage" means all documented monetary and non-nK)netary
contributions, other than HOME funds, which have been assigned a mea-
surable value and which are applied to the specific HOME-assisted proj-
ect. Leverage does not include contributions toward the cost of non-low -
income units and commercial space.
(v) "Local account" is an account maintained by the Department, or
Slate Recipient, or CHDO, as may be specified in an agreement between
the Department and a State Recipient, or CHDO, which shall include re-
payments of HOME funds and matching contributions and any payment
of interest or other return on the investment of HOME funds and match-
ing contributions.
(w) "NOFA" is the acronym used for Notice of Funding Availability.
The NOFA is the document used by the Department to announce that
funds are available and applications may be submitted.
(x) "Owner-occupied housing program" means funds are provided to
a city or county to administer a program to assist owners of homes that
are in need of rehabilitation as defined in Section 8201 (y).
(y) "Rehabilitation" means repairs and improvements to substandard
housing which are necessary to meet rehabilitation standards as defined
in Section 50097 of the Health and Safety Code, to eliminate conditions
specified in Section 1 7920.3 of the Health and Safety Code, and to meet
housing quality standards as set forth in 24 CFR Section 882. 109. Reha-
bilitation also means repairs and improvements which are necessary to
meet any locally-adopted standards used in local rehabilitation pro-
grams. Rehabilitation shall include reconstaiction.
(z) "Rental new construction project" means funds are provided to de-
velop a specific multifamily project on a specific site by a specific devel-
oper.
(aa) ""Rental rehabilitation and/or acquisition program" means funds
are provided to a city or county to administer a program to assist owners
of multi-unit rental housing that is in need of rehabilitation as defined in
820 1 (y) or to assist the purchase and rehabilitation of multi-unit rental
housing that is in need of rehabilitation. No one property assisted through
this program shall receive more than 40 percent of the activity amount.
(bb) "Rental rehabilitation and/or acquisition projects" means funds
are provided to acquire a specific rental housing project, to rehabilitate
a specific project without any transfer of ownership, or to both acquire
and rehabilitate a specific project.
(cc) "Rural area" means the same as defined in Section 50199.21 o\'
the Health and Safety Code.
(dd) "Set up" means all of the funding conditions required by HUD
and the Department have been met and the Stale Recipient or CHDO is
ready to establish a project-specific account in the federal disbursement
and information system.
(ee) "'Setaside" means HOME funds, which are designated to be used
for a specific purpose necessary to meet any statutory or regulatory re-
quirement.
(ff) "Slate Recipient" means a city or county, which is designated lo
receive an award of HOME funds from the Department.
Page 496.101
Register 2007, No. 50; 12-14-2007
§8202
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(gg) "Tenant-based rental assistance program" means Tunds are pro-
vided to a city or county to administer a program to provide rent subsidies
to eligible households. Stale Recipients who administer a lenani-based
rental assistance program are eligible only for administrative funds to re-
imburse expenses eligible under 24 CFR Section 92.207 of the federal
HOME regulations.
NOTE: Authority cited: Sections 50406 and 508%.3(b). Health and .Safety Code.
Reference: 24 CFR .Sections 882.109. 92.102(b)(2). 92.2 and 882. 109: and .Sec-
tions ]7920..'^, 18007, 50079. .S, 50101. 50105, 50896 and .50896.1, Health and
Salely Code.
History
1 . New section filed 7-2-92 as an emergency: operative 7-2-92 ( Register 92. No.
28). A Ceilifieale of Compliance niust be iransmiited to OAL 10- .^0-92 or
emergency language will be repealed by operation of law on the following day.
2. New section retlled 10-23-92 as an emergency; operative 10- .^0-92 (Register
92, No. 43). A Certitleatc of Coniplianee must be transmitted to OAL 2-2.V93
or emergency lansuaee will be repealed bv operation of law on the following
day.
3. New section rellled 3-2-93 as an emergency; operative 3-2-93 (Register 93.
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergeney language will be repealed by operation of law on the following day.
4. Ceilitlcate of Compliance as to 3-2-93 order including amendment of section
and NoTi: transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93. No. 28).
5. Amendment of section and Notil tiled .3-14-97; operative 3-14-97 pursuant
to Government Code section 1 1343.4(d) (Register 97, No. 1 1 ).
6. Amendment of subsection (a) tiled 1-14-99; operahve 2-1.3-99 (Register 99.
No. 3).
7. Amendment bled 9-9-2004; operative 9-9-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 37).
Article 2. Program Requirements
§ 8202. Supplementary Allocations for Entitlement
Jurisdictions.
NOTE: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code.
Reference: 24 CFR Section 92.102(a); Section 65580. Government Code; and
Sections 50896, 50896.1 and 50896.3. Health and Safety Code.
History
1 . New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No.
28). A Certificate of Compliance must be transmitted to OAL l(K30-92 or
emergeney language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register
92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93,
No. 10). A Certifieate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the follow ing day.
4. Certificate of Compliance as to 3-2-93 order including amendment of .section
and Note transmitted to OAL 5-26-93 and tiled 7-7-93 (Register 93. No. 28).
5. Amendment of subsections (a)( 1 ), (a)(2) and (b) and amendment of Note filed
.3-14-97; operative 3-1 4-97 pursuant to Government Code section 1 1 .343.4(d)
(Register 97, No. 11).
6. Repealer filed 12-19-2001; operative 12-19-2001 pursuant to Government
Code section 1 1 343.4 (Register 2001 , No. 51 ).
§ 8203. Allocations for Model Programs.
NOTE: Authority cited: Sections 50406 and 50896.3(b). Health and Safety Code.
Reference: 24 CFR Sections 92.201(b)(2). 92.201(b)(3)(i) and 92.205(a); and
Sections 50406(o). 50896, 50896.1 and 50896.3, Health and Safety Code.
History
1 . Renumbering and amendment of former section 8203 to section 8204 and new
section filed 7-7-93; operafive 7-7-93 (Register 93, No. 28).
2. Amendment of subsection (a), repealer of subsection (e) and amendment of
Note filed 3-14-97; operative 3-14-97 pursuant to Government Code section
1 1343.4(d) (Register 97, No. 11).
3. Repealer filed 12-19-2001; operative 12-19-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 51 ).
§ 8204. Eligible Applicant.
(a) In order to be eligible to apply for HOME funds, the applicant shall
be a city or county, or a nonprofit corporation that has been certified as
a CHDO by the Department pursuant to Section 8204. 1.
( I ) Cities and counties shall comply with the following:
(A) A city may only apply for funding for activities within its incorpo-
rated boundaries:
(B) A county may only apply for fundingfor activities within its unin-
corporated areas;
(C) A city or county applicant shall not have been designated as a par-
ticipating jurisdiction, or included as part of an urban county, as defined
in 24 CFR Section .570.3(ee). or included as part of a consortiutn, as de-
fined in 24 CFR Section 92. 10 1 , for HOME funding for the federal fiscal
year for which the NOFA is issued, and
(D) A city or county applicant must demonstrate to the Department's
satisfaction that it has:
( i) staff available or has committed to hiring staff able to operate a local
HOME program and oversee the work of an adiTiinistrative subcontrac-
tor, if any:
(ii) resolved any audit findiiig(s), for prior Department, or federally
funded housing or community development projects or programs to the
satisfaction of the DepartiTient or federal agency by which the finding
was made,
(iii) provided a self certification that it is not debarred or suspended
from participation in federal or state housing or coiTimunity development
projects or programs, and
(iv) provided documentation satisfactory to the Department that it is
in cotnpliance with the subiTiitlal requirements of 0MB A-133, Single
Audit Report.
(2) A CHDO applicant shall comply with the following:
(A) have received the Department's certification to serve the jurisdic-
tion in which the project is located;
(B) be eligible to apply for activities located in cities and counties
which have not been designated as participating jurisdictions by HUD.
or included as part of an urban county, as defined in 24 CFR Section
.^70.3(ee), or included as part of a consortium, as defined in 24 CFR Sec-
tion 92. 1 01 , for HOME funding from the federal fiscal year for which the
NOFA was issued; and
(C) The CHDO iTiust demonstrate to the Department's satisfaction that
it has:
(i) resolved any audit findings for prior Department or federally
funded housing or community development projects or programs to the
satisfaction of the Department or federal agency by which the finding
was made,
(ii) provided a self certification that it is not debaired or suspended
from participation in federal or state housing or community development
projects or programs, and
(iii) provided documentation satisfactory to the Department that it is
in compliance with the submittal requirements of 0MB A-133, Single
Audit Report; and
(D) provide evidence that the CHDO fulfills at least one of the follow-
ing roles:
(i) sole project developer;
(ii) sole owner; or
(iii) sole general partner.
(b) An applicant with one or more current Stale HOME contracts for
which the expenditure deadline established in the contract(s) has not yet
passed shall be ineligible to apply for a program activity unless the appli-
cant has expended at least fifty percent (50%) of the aggregate total of
program funds originally awarded.
NOTE: Authority cited: Sections .50406 and 50896.3(b). Health and Safety Code.
Reference; 24CFR Sections 92.201(b)(3)(i), 92. 300(b). 92. 504(a)and 570.3; and
Sections 50896, 50896.1 and 50896.3, Health and Safety Code.
History
1 . New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92. No.
28), A Certificate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register
92. No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
dav.
Page 496.102
Register 2007, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
{} 8204.1
3. Ncv\ seciion rct'iled 3-2-93 as an emergency; operaiive 3-2-93 (Kegisier 93.
No. 10). A Ceitilieate of Compliance must be tiansiiiilled to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8203 to section S204 with amendment of NoTr;
and renumberiniz of former section 8204 to section 8205 transmitted to OAL
.s-2fv 93 and filed 7-7-93 (Register 93, No. 28).
5. Amendment of section and Non tiled .3-14-97: operative 3-14-97 pursuant
to Government Code section I 1343.4(d) (Register 97. No. 1 1 ).
ft. Amend/iienl of siibseelion (a), repealer of subsection (a)(2). subsection renum-
berini:. and renumbering and amendment of former subsections (b)-(b)(.S) to
new section 8204.1 filcxfl -22-200 1 ; operaiive 1-22-2001 pursuant to Govern-
ment Code section 1 1343.4(e) (Register 2001. No. 4).
7. Amendment illed 9-9-2004; operative 9-9-2004 pursuant to Government
Code seciion 1 1343.4 (Register 20(J4. No. 37).
K. AmendiTient of subsection (a)(2)(B). new subsection (b) and amendment of
NoTi Illed 8-12-2()0.r operative 9-1 1-2005 (Register 2005. No. 32).
9. Amendment of subsections (a)(l)(D)(iv). (a)(2)(B) and (a)(2)(C)(iii) tiled
12-10-2007; operative 12-10-2007 pursuant to Government Code section
1 1 ,343.4 (j^eiiisler 2007, No. 50).
§ 8204.1 . CHDO Certification.
(a) Applicants for CHDO certification may apply to the Department
at any time.
( 1 ) Within 15 business days of receipt of a nonprofit corporation's
application for certification as a CHDO, the Department shall provide the
applicant with written notice indicating whether the application is incom-
plete and, if so, what specific information is required for it to be consid-
ered complete.
(2) Within 45 business days of receiving all of the documentation re-
quested in subsection (b) below, the Department shall provide the appli-
cant with either written notice of certirication identifying the geographic
area for which the CHDO is being certified or written notice indicating
w hy the CHDO application is being denied.
(3) A survey conducted by the Department pursuant to Government
Code .Section 15376 of the Department's performance determined the
minimum, median and maximum elapsed time between receipt of a
CHDO application and reaching a final decision; the results are as fol-
lows:
Minimum; 15 calendar days
Median: 30 calendar days
Maximum; 45 calendar days
(4) Applicants that are not certified by the final filing date published
in the NOFA shall not be considered eligible to apply for funding as a
CHDO.
(b) To apply for certification or recertification, an applicant shall sub-
mit, at a minimum, the following documentation to the Department:
( 1 ) a copy of" the Internal Revenue Service exemption letter and a letter
of good standing from the California Franchise Tax Board that is dated
no more than 1 2 months prior to the date the applicant applies for certifi-
cation;
(2) a copy of the corporation's financial statement that is dated no more
than 1 2 months prior to the dale the applicant applies for certification;
(.3) a copy of the corporation's bylaws, which describes, at a minimum,
the following;
(A) the governing board composition.
(B) the fulfillment and mainlenance of the 1/3 representation require-
ment contained in 24 CFR Seciion 92.2,
(C) a description of the manner in which board members are selected.
(D) evidence that the purposes of the organization comply with 24
CFR Seciion 92.2, and
(E) relationships 10 for-profit individuals or entities, if any, as they re-
late to the governance of the corporation.
(4) a copy of the corporation's articles of incorporation and any
amendments;
(5) a Certificate of Status, Domestic Corporation, from the California
Secretary of State that is dated no more than 12 months prior to the date
of application for certification;
(6) a description of the formal process used to solicit advice from low-
income program beneficiaries in decisions regarding design, siting, de-
velopment, and management of affordable housing;
(7) a plan describing the program of tenant participation in n)anagc-
ment decisions for rental projects and the proposed lair lease and griev-
ance procedure pursuant to 24 CFR Seciion 92.303;
(8) a description of the applicant's capacity for carrying out activities
with HOME funds or a plan lo gain such capacity, including but not lim-
ited to
(A) a list oi' current staff members responsible for any proposed
HOME activity and resumes;
(B) if staff does not have such capacity, a commitment to hire experi-
enced staff or a commitment to hire an experienced consultant and a plan
to train staff;
(9) a description of the applicant's history of serving the community
within which housing lo be assisted with HOME funds is to be located
or if the applicant has been in existence less than one year, a description
of the applicant's parent organi/alion and ils history of serving the ct)m-
munity;
( 1 0) a list of the names of board meinbers, their occupations, the names
of their employers and any appointment or election tt) a public bt)dy. and
an indication of which meinbers fulfil! the requirements of the 1/3 repre-
sentation contained in 24 CFR Seciion 92.2;
(1 1 ) a copy of the corporation's business or strategic plan adopted by
the Board;
(A) shall be submitted if any of the following applies to the organiza-
tion:
(i) this is the first certification request with the State HOME Program,
(ii) there has been five years or more since the last certification has ex-
pired
(iii) it has been incorporated less than 10 years.
(B) the Business plan shall cover at a minimum;
(i) Business Description including, background, purpo.se and who.
what, where, when and how the organizations plans to operate;
(ii) Market Evaluation and Strategy including customers, geographi-
cal area, competition, and environment in which the organization plans
to operate;
(in) Organizational Plan covering the cor]^)orations structure, status,
staffing plan, policies and procedures for delivery of program, manage-
ment controls, physical space and equipment needs;
(iv) Financial Plan detailing projected capital budgets for equipment,
construction, development projects or for loan funds; start-up and cash
flow; and
(v) Risk Analysis of potential financial, political, regulatory, unknown
and crucial threats.
( 12) the geographical areas served by the corporation, and evidencing
compliance with Section 8204(a)(2)(B) in either the Articles of Incorpo-
ration, Resolution or Charter, or Bylaws;
( 1 3) a geographic area map served by the applicant; evidencing com-
pliance with Section 82()4(a)(2)(B); and
(14) a self-certification that the applicant is not on the Federal List oi
Excluded, Debarred, or Suspended Contractors with supporting docu-
mentation.
(c) Upon receipt of all the documents listed in subsection (b), the De-
partment shall conduct an analysis of the documents to determine if the
applicant meets the definition of a CHDO as set forth in 24 CFR Section
92.2. If the Department determines that the applicant meets the definition
of a CHDO. and meets the other requirements of this Section, the Depart-
ment shall issue a letter of certification to the applicant, which shall be
submitted as part of any CHDO application considered for funding.
(d) In order to demonstrate its capacity for carrying out activities as-
sisted with HOME funds, as required by 24 CFR Section 92.2, an appli-
cant shall meet the requirements of paragraph ( 1 ) and either paragraph
(2) or (3) below.
(1 ) The applicant shall have resolved any audit findings, for prior De-
partment, or federally-funded housing or community development proj-
Page 496.103
Register 2007, No. 50; 12-14-2007
§ 8205
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
eels or programs to the satisfaction ot'iiic Department or federal agency
by which the finding was made.
(2) The applicant has staff that possesses the core competencies hsted
herein, and has a staffing plan specifying tiie number ol' full-time stall'
persons and percentages of these persons" working hours which are al-
lotted lo housing projects. The required core housing development com-
petencies are the knowledge, skills and ability to:
(A) Conduct market/needs analyses and conceptual project design:
(B) Choose and negotiate purchase of a suitable site;
(C) Select and work with architects and other consultants;
(D) Understand and comply with local planning, zoning and building
requirements;
(E) Create a development pro forma and operating budget;
(F) Set rents or sales prices;
(G) Identify financing sources and apply for financing;
(H) Comply with other lender requirements;
([) Deal with community concerns;
(J) Comply with CEQA and NEPA requirements;
(K) Choose and work with construction contractors;
(L) Manage the construction process;
(M) Choose and work with a management agent;
(N) Successfully market a project: and
(0) Comply with HOME program requirements, construction close-
out and long-term obligations.
(3) The applicant has an executed contract with a consultant experi-
enced in housing development to commence not later than six months of
the date of certification or recertification and requiring the training to be
completed not later than two years from the date of certification or recer-
tification. and which shall identify the names and titles of persons being
trained and the specific core competencies in which they are being
trained.
(4) A CHDO certified pursuant to paragraph (3) above shall be re-
quired to submit a status report on the process of such training on the first
and second anniversaries of its certification.
(5) A CHDO shall only be permitted to achieve certification once pur-
suant to paragraph (3) above. Thereafter, all applications for recertifica-
tion shall be subject to the requirements of paragraph (2).
(e) In order to demonstrate that the applicant, or its parent, has a history
of serving the community within which housing to be assisted with
HOME funds is to be located, as required by 24 CFR Section 92.2, an ap-
plicant, or its parent, shall have provided a housing-related service to the
community for at least one year prior to application for certification. A
housing-related service is one which has provided a benefit to a tenant
or homeowner in the community. Solely engaging in predevelopment ac-
tivilies for a housing project shall not satisfy the demonstration required
by this subsection.
(f) A nonprofit corporation created, formed, or under the control of
another State-certified CHDO and that proposes to serve the same com-
munity as the existing CHDO shall not be eligible to apply for CHDO cer-
tification. In addition, a non-CHDO, non-profit parent organization may
not have more than one subsidiary or affiliate that is certified as a CHDO
by the State;
(g) When submitting an Application in response to the Department's
NOFA process, a CHDO shall submit a self certification confirming that
the organization continues to maintain compliance with all the State re-
quirements for CHDO certification. The Department may require docu-
mentation to verify certification compliance.
(h) A CHDO certification shall remain in effect not more than three
years from the date of the letter of certification issued by the Department
provided that the CHDO continues to meet all requirements.
(i) The Department shall monitor all CHDOs throughout the term of
the certification to ensure continued compliance as a CHDO. If the De-
partment determines that an organization no longer complies with the re-
quirements of this Section, the Department may declare the organization
to be ineligible to apply for State HOME funds, and the Department may
revoke the organization's CHDO certification.
(j) A CHDO that serves a county in which there is no other CHDO. and
that does not apply for State HOME funds during any six consecutive
years of certification, shall be deemed ineligible for certification for three
years from the end of the sixth year of certification. Any other CHDO that
does not apply for State HOME funds during a three-year certification
period shall be deemed ineligible for certification for three years from the
end of the three-year certification period, unless that CHDO has devel-
oped, owned or sponsored housing within the past three years.
(k ) In order to be considered for certification or recertification prior to
the NOFA deadline, a CHDO applicant shall submit its CHDO applica-
tion no later than 60 days prior to the NOFA application deadline.
NOTE: Authority citecf. Sections 30406 and 5089b. 3(b). Health and Sal'etv Code.
Reference: 24 CFR Sections 92.201(b)(3Mi). 92.300(b) and 92.504(a); and Sec-
tions 50896. 50896.1 and 50896.3, Health and Safety Code.
History
1 . Renumbering and amendment of former section 8204. 1 , subsections (b)-(b)(5)
10 new .section 8204.1 filed 1-22-2001; operative 1-22-2001 pursuant to Gov-
ernment Code .section 1 1343.4(c) (Register 2001. No. 4).
2. Amendment filed 9-9-2004: operative 9-9-2004 pursuant to Government
Code section 11 3434 (Register 2004, No. 37).
§ 8205. Use of Funds.
(a) Eligible activities for use of HOME funds shall be one or more of
the following:
(1) first-time homebuyer programs, as defined in Section 8201;
(2) owner-occupied rehabilitation programs, as defined in Section
8201;
(3) rental rehabilitation and/or acquisition programs, as defined in
Section 8201;
(4) tenant-based rental assistance programs, as defined in Section
8201;
(5) rental new constrtiction projects, as defined in Section 8201;
(6) rental rehabilitation and/or acquisition projects, as defined in Sec-
tion 8201;
(7) first-time homebuyer projects, as defined in Section 8201.
(b) HOME funds shall only be used to pay for eligible costs as de-
scribed in 24 CFR Sections 92.206 through 92.209.
( 1 ) All HOME assistance shall be in the form of loans, except for funds
used for the activities listed in subsection (2).
(A) Loans financed from the CHDO set-aside pursuant 24 CFR Sec-
tion 92.300(a)(1) shall comply with the financing provisions as required
for the following activities:
(i) for land acquisition for first-time homebuyer projects shall bear
zero interest.
(ii) Loans to first-time homebuyers shall bear a simple interest rate of
3 percent per annum, computed from the date the Deed of Trust is re-
corded on the property. Interest and payments shall be deferred for the
term of the loan. Commencing on the 1 1 th anniversary of the recordation
date, an amount equal to 10 percent of the accrued interest shall be forgiv-
en each year, so that on the 20th anniversary of the recordation date, all
interest will have been forgiven if the borrower is in compliance with the
requirements stated in the Department's loan documents.
(iii) Loans to rental projects shall bear a simple interest rate of 3 per-
cent, except for projects receiving tax credits, for which the interest rate
may be either 3 percent or the long-term applicable federal rate, as de-
fined in 26 use Section 1274(d). and as published in the monthly reve-
nue ailing letter published by the Internal Revenue Service. Interest shall
be paid pursuant to Section 8314;
(B) Loans financed from CHDO proceeds pursuant to Section
8206.1(c) shall comply with the following financing provisions as re-
quired for the following activities:
(i) Loans assisting first-time homebuyers and homeowners whose
homes are being rehabilitated shall bear simple interest rates ranging
from 0 to 3 percent per annum, and interest and payments shall be def-
erred for the term of the loan. The CHDO may forgive some or all of the
accrued interest.
(ii) Loans made by CHDOs for rental projects shall bear a simple inter-
est rate of 3 percent, except for projects receiving tax credits, for which
Page 496.104
Register 2007, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
§ 8206
ihc iniercsi rale miiy be ciiher 3 percent or ilie long-lerm applicable fed-
eral rale, as delined in 26 USC Section 1274(d). and as published in the
monthly revenue ruling letter published by the Internal Revenue Service.
11 a layering analysis supports a deferred loan, the Stale Recipient is ex-
empt from Section 8314.
(C) Loans made by Slate Recipients shall comply with the financing
proxisions as required for the following activities:
(i) Loans assisting first-time homebuyers and homeowners whose
homes are being rehabilitated shall bear simple interest rates ranging
iVom 0 to 3 percent per annum, and interest and payments shall be del-
erred for the term of the loan. The State Recipient may forgive some or
all of the accrued interest.
(ii) Loans made by Stale Recipients for rental projects shall bear sim-
ple interest rates of 3 percent, except for projects receiving tax credits, for
which the interest rale may be either 3 percent or the long-term applica-
ble federal rale, as defined in 26 USC Section 1 274(d), and as published
in the monthly revenue ruling letter published by the Internal Revenue
Service. If a layering analysis supports a deferred loan, the State Recipi-
ent is exempt from Section 8314.
(2) Funds used for the following shall be provided in the form of a
grant:
(A) funds used for tenant based rental assistance, as described in 24
CFR Section 92.209,
(B) relocation payments.
(C) funds necessary to provide the difference between work that is cus-
tomarily performed and the minimally-required work necessary, using
the least cost alternative, to comply with federal lead-based paint regula-
tions in HOME-funded rehabilitation of owner-occupied housing or ac-
quisition oi' housing for first-time homebuyers, and
(D) funds used for administrative costs eligible pursuant to 24 CFR
Sections 92.206(d)(6), 92.206(0(2). 92.207 and 92.208.
(3) HOME funds may be used to pay the actual costs of administering
a local program as described in 24 CFR Section 92.207. The amount of
HOME funds used by a State Recipient or CHDO for administrative ex-
penses shall be limited to the amount specified in the NOFA issued by
the Department pursuant to Section 8210.
(4) Costs mu.st be necessary and must be consistent with the lowest rea-
sonable cost taking into consideration a project's scope and area.
(5) If a State Recipient or a CHDO has received a grant for administra-
tive costs described in 24 CFR Section 92.206(d)(6) or 92.206(f)(2). the
State Recipient or CHDO shall not charge, nor shall it permit its em-
ployees or contractors to charge, any fees, or otherwise seek reimburse-
ment for those costs.
(6) In the event that a project is not completed, or a project completion
report is not submitted to the Department for the project, a State Recipient
shall repay funds granted for relocation payments, lead-based paint
work, and administrative costs pursuant to 24 CFR Sections 92.206(d)(6)
and 92.206(f)(2), and a CHDO shall repay funds granted for relocation
payments and lead-based paint work.
(c) A CHDO may request that up to ten percent of the CHDO's pro-
ject-specific funds be made available for loans pursuant to 24 CFR Sec-
tion 92.301.
(d) Pursuant to 24 CFR Section 92.208, up to five percent of the total
amount of funds made available by HUD to the Department for any fund-
ing cycle may be used to pay for the operating expenses of CHDOs with
which the Department has entered into standard agreements.
(e) HOME funds shall not be used to pay for prohibited activities or
costs described in 24 CFR Section 92.214.
NOTE: Authority cited: Sections .S()406 and 50896..^(b), Health and Safety Code.
Reference: 24 CFR Sections 92.206, 92.301. 92. .1^3 and 92.3.^.5; 42 USC 12742;
24 CFR part 39: and 24 CFR part 40; and Sections 50896 and 50896. 1. Health and
Safety Code.
History
1 . New section filed 7-2-92 as an emergency: operative 7-2-92 (Register 92, No.
28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section relllcd 10-23-92 as an emergency: operative 10-30-^^2 (Register
92, No. 43), A Certificate of Compliance must be transmitied toOAL 2-23- M3
or emergency language will he repealed by operation oi law on the following
day.
3. New section refiled 3-2-93 as an emergency: operative 3-2-93 (Rcgisier ^3.
No. 10). A Certificate of Compliance must be uansniilied to OAL 6-30-93 or
emergency language will be repealed by operation of law on the follow ing da\
4. Certificate of Compliance as to 3-2-93 order including renumbering ami
amendment of former section 8204 to section 8205 with amendment oi NoM
and renumberinii ot Ibrmer section 8205 to section 8206 transmitted to OAL
.5-26-93 and filed 7-7-93 (Register 93. No. 28).
5. Amendment of section heading, section and Non: bled 3-14-97: opeiati\e
3-14-97 pursuant to Govemment Code section 1 1343.4(d) (Reeisicr 97. No.
ID,
6. Amendment of subsection (b)(1) and new subsections (b)( 1 )( Ai-(l)) and
(b)(4)-(5) filed 12-19-2001 : operative 12-19-2001 pursuant to Government
Code section 1 1343.4 (Register 2001. No. 51 ).
7. Amendment filed 9-9-2004: operative 9-9-2004 pursuant to Go\ernment
Code section 1 LM3 .4 (Register 2004. No. 37).
§ 8206. Matching Contributions.
(a) Except as noted in subsections (a)( I ), (a)t2), and (a)(4) bek)w. State
Recipients and CHDOs shall contribute matching funds as required in
sub.section (b).
( 1 ) If the inatching contribution requirements of 24 CFR Section
92.2 1 8 are waived or modified by Congress or are modified by HUD pur-
suant to 24 CFR Section 92.222, the Department shall waive or nn)dily
the matching contribution requirements of subsection (b) for funds af-
fected by the federal action.
(2) If the Depart inent identifies other eligible sources of inatch that can
be used to meet part or all of the matching contribution requirements oi'
24 CFR Section 92.218, the Departinent shall modify the matching con-
tribution requireiTients of subsection (b) to the extent possible lor funds
affected.
(3) Modified matching contribution requirements for each funding
cycle as provided for in subsections (a)(1) and (a)(2) shall be provided
in the NOFA issued by the Department pursuant to Section 8210 unless
such matching requirements are waived or modified by HUD after is-
suance of a NOFA. In that case, the Department shall notify State Recipi-
ents and CHDOs of the modification of matching contribution require-
ments through written notice.
(4) HOME funds used for administrative and planning costs pursuant
to 24 CFR Section 92.207 and CHDO operating expenses pursuant to 24
CFR Section 92.208 shall not be required to be matched.
(b) State Recipients and CHDOs shall provide matching contributions
as required by 24 CFR Sections 92.218, 92.219, 92.220,^and 92.221.
(c) Documentation that the matching contribution requireinenls have
been met shall be subject to verification by the Department.
(d) If matching contributions are provided in the form of affordable
housing that is not HOME-assisted pursuant to 24 CFR Section
92.219(b), the Stale Recipient or CHDO shall establish a procedure to
monitor these projects and ensure continued compliance with the re-
quirements contained in 24 CFR Section 92.219(b).
(e) Contributions which shall not be considered as HOME matching
contributions are those described in 24 CFR Section 92.220(b).
NOTE: Authority cited: Sections 50406 and 50896.3(b), Health and Saletv Code.
Reference: 24 CFR Sections 92.218. 92.219, 92.220, 92.221, 92.222. 92.252 and
92.254: and Sections 50896 and .50896.1. Health and Safely Code.
History
1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92. No.
28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency: operative 10-30-92 (Register
92, No. 43). A Certificate of Compliance mu.st'be transmitted to (JAL 2-2^3-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency: operative 3-2-93 (Register 93.
No. 10). A Certificate of Compliance must be transmitied to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as lo .3-2-93 order including renumbering and
amendment of former section 8206 to section 8207 with amendment of Noii.
Page 496.105
Register 2(X)7, No. 50; 1 2 - 1 4 - 2007
§ 8206.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
and leniimbciine of former section 8207 to section 8208 transmitted to OAL
5-26-93 and tiled 7-7-93 (Register 93, No. 28).
5. Change witiioui regulatory effect amending subsections (c)(7) and (d) tiled
10-21-93 pursuant to title 1. section 100, California Code of Rei;ulaiions(Res-
isler 93, No. 43).
6. Repealer of former section 8206 and renumbering of former section 8207 to new
section 8206, including amendment of section and NoTi; filed .3-14-97; opera-
tive 3-14-97 pursuant to Government Code section 1 1343.4(d) (Reeister 97,
No. 1 1 ).
7. Amendment tiled 9-9-2004: operative 9-9-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 37).
§ 8206.1. Repayment of HOME Funds, Program Income,
Proceeds from the Investment of HOME Funds,
and Recaptured Funds.
(a) Repayment of HOME tund,s and matching contributions, progratn
income, proceeds from the investment of HOME funds, and recaptured
funds are subject to the requirements of 24 CFR Sections 92,252. 92.254,
92..^()0 and 92.503 and this Section. HOME funds invested in housing
that is not completed or retital housing that does not comply with the at-
fordability requirements for the required period shall be repaid to the De-
partment.
(b) Except as otherwise provided in this subsection (b), all program in-
come and recaptured funds shall be remitted directly to the Departtnent
for deposit into the Department's local account.
( 1) If requested by the Slate Recipient, the Department shall allow pro-
gram income and recaptured funds to be deposited into the State Recipi-
ent's local account, subject to the requirements of 24 CFR Sections
92.502(c)(3) and 92.503(a)(1).
(2) If requested by a CHDO, the Department shall allow recaptured
funds and proceeds from the investment of HOME funds to be retained
by a CHDO that meets the requirements of subsection (c) of this section.
(3) Where HOME funds are invested in housing to assist acquisition
by a first-time homebuyer who sells the home unit or repays the loan
prior to the end of the required atfordability period, the HOME funds re-
paid to the CHDO or State Recipient shall be recaptured, exceptions may
be requested to use resale for limited equity forms of ownership like
cooperatives and community land trust.
(4) State Recipients and CHDOs that retain program income, proceeds
frotn the investment of HOME funds, and recaptured funds shall submit
quarterly reports and an annual report documenting all local account ac-
tivity. Failure to submit the required reports shall result in a negative per-
formance rating in future applications from funding. Continued failure
to comply with all federal and state requirements for use of these funds
shall result in a termination of the agreement for the State Recipient or
CHDO to retain such funds.
(c) The Department may permit a CHDO to retain collections if it dein-
onstrates to the satisfaction of the Department all of the following:
(1) adherence to program requirements and deadlines identified in
Sections 82 1 6 and 821 7 in the last four preceding State HOME contracts
including CHDO certification and application requirements identified in
Sections 8204 and 8204.1 and federal overlays;
(2) successful completion of at least six housing projects with a total
of at least 100 units;
(3) no unresolved monitoring findings on completed HOME projects;
and
(4) service to the community, as defined by Section 8204.1(e). of at
least ten years;
(d) A CHDO that meets the requirements of subsection (c) shall be
subject to the requirements of 24 CFR Section 92.502(c)(3), but shall
only use proceeds from the investment of HOME funds for eligible acti-
vities pursuant to 24 CFR Sections 92.205 and 92.206. A CHDO that has
been permitted to retain proceeds in one HOME standard agreement shall
be permitted to retain proceeds in all future contracts. If at any time a
CHDO fails to demonstrate compliance with the requirements of subsec-
tion (c), the Department may require the CHDO to remit all future collec-
tions to the Department.
(e) When a CHDO applies for a rental housing development and the
Department has approved the CHDO to retain proceeds in accordance
with Section 8206 . 1 (b)(2), the rental housing developinent shall:
( 1) be underwritten by the Department in compliance with Section
8212.2;
(2) comply with 24 CFR part 92 which includes project requirements
specified in 24 CFR Sections 92.250. 92.251, 92.252, and 92.253: and
(3) be inspected by the Department pursuant to 24 CFR Section
92.504(d)(1).
(f) In the event of a breach or violation of Section 8206. 1 (e)( I) and (2)
by the CHDO and the breach or violation is not cured to the satisfaction
of the Department, the Department may declare a default and may seek
all available legal remedies including the following:
( 1 ) Collect all rents and income in connection with the operation of the
development;
(2) Take possession of the development in accordance with Section
82()6.l(e)(l)and(2);
(3) Apply to any court. State or federal, for specific performance of this
Agreement or for the appointment of a receiver to take over and operate
the development;
(4) Accelerate all amounts, including outstanding principal and inter-
est due. Declare a default and initiate a foreclosure in accordance with the
provisions of the HOME Deed of Trust and State law regarding foreclo-
sures.
NOTB: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code.
Reference: 24 CFR Sections 92.254, 92.300, 92.502(c)(3), 92.503 and
92..503(a)( 1); and Sections 50896 and 50896.1, Health and Safely Code.
History
1. New section filed 9-9-2004: operative 9-9-2004 pursuant to Government
Code section 1 1 343.4 (Register 2004, No. 37).
§ 8207. Amount of HOME Assistance.
(a) The amount of HOME funds invested in a project:
( 1 ) shall not exceed the per unit dollar limits established by HUD under
24 CFR Section 92.250: and
(2) is limited to the amount necessary, when considered with other fi-
nancing and assistance of the project, to accomplish the following:
(A) enable the project as proposed to be developed and to operate in
compliance with all HOME requirements;
(B) for first-time homebuyer projects and programs, allow homebuy-
ers to purchase homes utilizing loans from primary lenders. (Notice:
First-time homebuyers shall be required to obtain financing from prima-
ry lenders in addition to HOME financing.) Loans from primary lenders
shall comply with the following requirements:
(i) the loan must have a minimum loan term of 30 years;
(ii) the loan must be fully amortizing and have a fixed interest rate that
does not exceed the current market rate, as established by an index identi-
fied in the NOFA. No temporary interest rate buy-downs are permitted;
(b) A recipient of a conditional reservation for a rental project shall be
required to submit an updated sources and uses and an operating budget
within 15 days of obtaining permanent financing commitments and at
least 45 days prior to the date of anticipated construction or acquisition
loan closing. The Department shall conduct a feasibility analysis and
subsidy layering analysis. If the project is determined to be feasible, a fi-
nal funding amount will be set based upon the subsidy layering analysis.
NOTE: Authority cited: Sections 50406 and 50896.3(b). Health and Safety Code.
Reference: 24 CFR Sections 92.205(c) and 92.250; and Sections 50896 and
50896.1. Health and Safety Code.
History
1 . New section filed 7-2-92 as an emergency: operative 7-2-92 (Register 92, No.
28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register
92, No. 43). A Certificate of Compliance must be transmiued to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93,
No. 10). A Certificate of Compliance must be transinitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8208 to section 8209 with amendment of Noth
Page 496.106
Register 2007, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
^ 8209
and iciuimbcriiiL' ot l\)rmcr section 82(W to section 8210 transmitted to OAL
5-26-93 and lilcd 7-7-93 (Register 93. No. 28).
.^. KeniiMibering ol' rornier section 8207 to new section 8206 and renumbering of
lornier section 8209 to new section 8207. incliidingamendnient ol section head-
ing, section and Noii tiled ,3-14-97; operative 3-14-97 pursuant to Govem-
menl Code section 1 1343.4(d) (Register 97. No. i I ).
6. Amendment of section heading and secfitiii Tiled 9-9-2004; operative
9-9-2004 pursuant to Government Code section 1 1,343.4 (Rciiister 2004. No.
37).
7. Amendment ol subsections (a)(2 > and (a)t2)( B)(i) filed 1 2-10-2007; operative
12-10-2007 pursuant to Government Code section 1 1.343.4 (Reeister 2007.
No. .>0).
§ 8207.1 . Homebuyer Education Requirements.
(li) For purposes of this seciion. '■homebuyer education"" means a spe-
cific course of insirucilon, designed pursuant to this section, to educate
fiisl-titne homebuyers regarding various aspects of purchasing and
maintaining a home.
(h) Homebuyer education shall be provided to all homebuyers receiv-
ing HOME funds for mortgage assistance. The state recipient or CHDO
shall determine the format best suited for providing homebuyer educa-
tion to its homebuyers (for example, classroom instruction, one-on-one
counseling, written materials, internet).
(c) The homebuyer education curriculum shall be described in the ap-
plicant" s program or project guidelines, shall be subject to Department
review and approval, and shall at a tninimum address the following top-
ics:
( 1 ) preparing for homeownership;
(2) available financing and credit analysis:
(,^) loan closing and hoitiebuyer responsibilities:
(4) home maintenance and budgeting for mortgage payments and oth-
er expenses:
(3) The iinpacl olfefinancing on the long-term financial health of the
homebuyer.
(d) a certificate of successful completion of homebuyer education
shall be issued to each prospective homeowner and a copy retaitied by the
State Recipient or CHDO for inspection and review by the Department
on request. This information shal] be retained for the period of ti/ne set
forth in 24 C.F.R. 92..^08(c).
NOTt ■ Authorilv cited: Sections -S04()6 and 5()896.3(b). Health and Safety Code.
Reference: 24 CFR Sections 92.206 and 92.508: and Sections 50896 and 50896.1 ,
Health and Safety Code.
H I.STORY
1. New section filed 12-10-2007; operative 12-10-2007 pursuant to Government
Code section il 343.4 (Register 2007. No. 50).
i^ 8208. Affordability Requirements.
(a) In order to qualify under these regulations for funding as an afford-
able rental housing project, the project shall meet the periods of afford-
ability specified in the following table, and shall comply with the other
requirements of 24 CFR Sections 92.252. 92,255 and 92.258.
Anitnini aj HOME
Asslsluiicc
Less than 15.000
per unit
SI 5.000 to $40,000
More than ,S40,000
Anv dollar amount
(b) Rent levels shall be restricted for the period of affordability set
forth above at the lesser of the rent level permitted pursuant to 24 C.F.R.
Seciion 92.252 or another rent level expressed as a percentage of area
Aclivin- Assisted
Miniiiuini Period
of Affordability-
ill Years
Rehabilitation of existing
rental housing
1 0 yeai-s
Rehabilitation of existing
rental housing
1 5 years
Rehabilitation of existing
rental housing
20 years
Acquisition and
Rehabilitation. Acquisition
and or New construction of
rental housine
55 years
median income approved by the Department. Exceptions to this require-
tTient inay be granted for units receiving HUD Section 8 or other similar
rental assistance, or where the projecl"s continued fiscal integrity is in
jeopardy due to factors that could not be reasonably foreseen.
(c) Homeownership units assisted with HOME funds shall meet the re-
quirements of 24 CFK .sections 92.254, 92.255 and 92.258. Except lor
owner-occupied units being rehabilitated with HOME funds, all assis-
tance shall be made available only to first-time homebuyers.
NOTE: Authority cited: Sections 30406 and 50896.3(b). Health ami Salet\ Code.
Reference: 24 CFR Sections 92.2,52. 92.2.54, 92.255. 92.257. 92.258. 201.10.
203.1 8. 234.27. 81 3.102 and 888. Ill; Section 6932. Government Code; and Sec-
tions 50896 and 50896.1. Health and Safety Code
Hl.STORY
1. New section filed 7-2-92 as an einergency; operative 7-2-92 (Register 92. No.
28). A Certificate of Compliance must be transtiiitted to OAL 10 30-92 or
emergency language will be repealed by operation of law on the tollou ing day.
2. New section refiled 10-2.3-92 as an emergency; operative 10-30-92 (Register
92, No. 43). A Ceititkaie of Complianee must be transmitted to OAL 2-23-^3
or emersencv lantjuase will be repealed by operation of law on the follow inti
day.
3. New section refiled .3-2-93 as an emergency: operative .3-2-93 (Register 93.
No. 10). A Certificate of Coinplianee must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Complianee as to 3-2-93 order including renumbering and
amendment of former section 8209 to section 8210 with amendment ol Noii
and renumbering of former section 8210 to .section 821 1 transmitted to OAL
-5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Repealer of former section 8208 and renumbering of former section 82 1 0 to new
section 8208, including amendment of section and Noti: filed 3-14-97; opera-
tive ,3-14-97 pursuant to Government Code section 1 1343.4(d) (Reijister 97.
No. 1 1 ).
6. Amendment of subsection (a) filed 9-9-2004; operative 9-9-2004 pursuant to
Government Code section 1 1343.4 (Register 2004, No. 37).
7. New subsection (b) and subsection relettering filed I2-I0-2(X)7: operative
12-10-2007 pursuant to Government Code .section 1 1,343.4 (Register 2007.
No. 50).
§ 8209. Tenant-Based Rental Assistance.
Notwithstanding the requirements of Section 8204, HOME-lunded
tenant-based rental assistance and security deposit assistance may be
used to assist tenants to reside in an eligible jurisdiction within the county
where the tenant-based rental assistance funds were awarded. The state
recipient shall comply with the provisions of 24 CFR .section 92.209. In
all cases, assistance shall be restricted to the boundaries o'( the county
where the funds were awarded and shall continue to be the responsibility
of the state recipient.
NOTE: Authority cited: Sections 50406 and 50896.3(b). Health and Safetv CihIc.
Reference: 24 CFR pan 882 and 882.209(a)(7); 42 USC 12742: and .Sections
50896 and 50896.1. Health and Salety Code.
History
1. New section filed 7-2-92 as an emergency: operative 7-2-92 (Register 92, No.
28). A Certificate of Compliance must be transmuted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative i 0-30-92 (Register
92, No. 43). A Certificate of Complianee must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency: operative 3-2-93 (Register 93.
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Complianee as to 3-2-93 order including renumbering and
amendment of former section 8210 to .section 821 1 with amendment of Ncni
and renumbering of former section 821 1 to section 8212 transmitted to OAL
.5-26-93 and filed 7-7-93 (Register 93. No. 28).
5. Change without regulatory effect deleting subsection (a)(2) filed 10-2 1-93 pur-
suant to title 1, section 100, Califomia Code of Reeulations (Register 93. No.
43).
6. Renumbering of former section 8209 to new section 8207. and renumbering of
former section 821 1 to new seciion 8209, including amendment of section and
Note filed 3-14-97; operative 3-14-97 pursuant to Government Code section
1 1343.4(d) (Regi.ster 97, No. 1 1).
7. Amendment filed 12- 10-2007; operative 12-10-2007 pursuant toGovernment
Code section 1 1 343.4 (Register 2007, No. 50).
Page 496.107
Register 2007, No. 50; 12-14-2007
$8210
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 3. Application for Funding
Procedures
§8210. Application Process.
(a) Within a funding cycle, tiie Department siiail issue one or more
NOFAs.
(b) Eligible applicants, defined as those that comply with the provi-
sions in Section 8204. may submit only one application in response to a
NOFA.
(c) Applications from CHDOs shall propose only activities that are eli-
gible to qualify as CHDO set-aside activities pursuant to 24 CFR Section
92.300(a).
(d) The NOFA shall specify, among other things, the maximum
amount of funds available to a State Recipient or CHDO under the
NOFA, the activities elibile pursuant to the NOFA, the lime frame for
submittal of applications, the application requirements pursuant to Sec-
lion 821 1, the allocation of rating points pursuant to Section 8212, the
matching contribution requirements pursuant to Section 8206. the value
of voluntary labor as determined by HUD pursuant to 24 CFR Section
92.220(a)(8). any prohibitions on uses of funds, the availability oladmin-
istrative funds, and the general terms and conditions of funding alloca-
tions.
(e) The Department shall only consider applications that are complete,
as defined by Section 821 1(b). and contain all the information required
by Section 821 1(c).
(f) If funds are disencumbered pursuant to Section 82 18, made avail-
able due to an unexecuted standard agreement or made available by HUD
pursuant to 24 CFR Section 92.451, the Department may make such
funds available to (1) the next highest-ranked unfunded or partially-
funded application from the most recent award of funds if the applicant
can demonstrate that a proposed activity can be successfully implem-
ented and executed, or (2) through the next published NOFA pursuant to
subsection (a).
(g) In order to comply with any set-aside established by HUD or the
Department, or special allocation made by HUD, the Department may do
one or more of the following:
( 1 ) issue a special NOFA;
(2) specify in each NOFA the reservation of a portion of the funds; and
(3) specify in each NOFA any waivers to requirements granted by
HUD in connection with the funds.
NOTE; Authority cited: Sections 50406 and 50896.3(b). Health and Safety Code.
Relerence: 24 CFR Sections 570.3(ee) and 92.451; and Sections 50896, 50896.1
and 50896.3, Health and Safety Code.
History
1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92. No.
28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register
92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93,
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 82 11 to section 8212 with amendment of Note
and renumbering of former section 8212 to section 8213 transmitted to OAL
5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8210 to new section 8208, and renumbering of
former section 8212 to new section 8210, including amendment of section and
Note filed 3-14-97; operative 3-14-97 pursuant to Government Code section
11343.4(d) (Register 97, No. 11).
6. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 37).
7. Amendment of subsection (e) and amendment of NoTi; filed 8-1 2-2005; opera-
tive 9-1 1-2005 (Register 2005, No. 32).
8. Amendment of subsections (c)-(d) and amendment of Noth filed 12-10-2007;
operative 12- 10-2007 pursuant to Government Code section 1 1 343.4 (Rciiister
2007, No. 50).
§ 8211. Application Requirements/Form.
(a) Application shall be made on a form inade available by the Depart-
ment that requests the information required by these regulations.
(b) An application shall be deemed complete when the Department is
able to determine from the information provided whether the application
is eligible lor rating pursuant to the requirements of Section 8212(a).
(c) All applications shall be required to contain the following:
( 1 ) identification of the applicant;
(2) information on the proposed activity(ies);
(3) information adequate to determine whether the applicant is eligi-
ble, in accordance with Sections 8204 and 8204. 1 ;
(4) information adequate to determine whether the activity is eligible,
in accordance with Sections 8205 and 8210(c);
(5) information indicating whether the applicant or any member of its
prograin team or project team has any unresolved audit findings or has
been suspended or debarred from participation in any federal or State
housing or community development program;
(6) information on any pending litigation affecting the applicant's
ability to carry out the activity;
(7) identification of any administrative subcontractor;
(8) a certification that the applicant will comply with State and federal
requirements;
(9) a resolution by the governing board of the applicant authorizing the
application and the execution of all required documents;
( 1 0) information adequate to determine the experience of the applicant
with other federal. State or local housing or community development
programs;
(11) identification of all members ofthe program team or project team;
( 1 2) information on sources and amounts of matching contributions,
in accordance with Section 8206, and sources and amounts of leverage,
as defined in Section 8201.
(d) In addition to the information required by subsection (c), applica-
tions proposing programs shall be required to contain the following:
( 1 ) information on which member ofthe program team is responsible
for accomplishing key administrative tasks;
(2) information on the projected administrative budget and sources of
funds to pay for the costs of administering the program;
(3) information adequate to determine the experience ofthe applicant
in administering a program to assist the same type of activity proposed
in the application;
(4) a description of how the applicant proposes to use HOME funds;
(5 ) a copy of the guidelines to be used by the applicant for administer-
ing the program in compliance with Stale and federal requirements;
(6) information adequate to determine the feasibility of the program;
(e) In addition to the information required by subsection (c), applica-
tions proposing projects shall be required to contain the following:
( 1 ) a description ofthe roles, financial structure and all legal relation-
ships of the applicant, developer, owner(s), managing general partner,
administrative subcontractor and all other partners in the construction
project;
(2) information adequate to determine the experience ofthe applicant,
developer, owner and managing general partner in developing the same
type of subsidized project as proposed by the application;
(3) information adequate to determine the readiness ofthe project to
proceed;
(4) information adequate to determine the feasibility of the proposed
project.
i. For applications proposing rental projects, adequate information
shall include the following:
(A) information adequate to determine the financial feasibility ofthe
project in accordance with Section 8212(d)(3) and the Uniform Multi-
family Regulations (commencing with Section 8300) and state and feder-
al HOME requirements;
(B) for applications proposing rental new construction projects, a mar-
ket study, property appraisal, and a Phase 1/Phase II environmental site
assessment shall be submitted as requested by the Department.
Page 496.108
Register 2(X)7, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
§8212
(a) The iiiarkcl study must demonstrate wheilier SLitTicient demand ex-
ists in the market area to suppoil the proposed project at the projected
rents.
(h) The property appraisal must determine the value of the land upon
which the proposed project will be developed. If the land is leased, the
appraisal must include Ihe lair market value ol' the lease payments.
(c) The Phase 1/Phase II environmental site assessment must demon-
strate whether the property is free from severe adverse environmental
conditions.
(C) For applications proposing rental rehabilitation and/or acquisition
projects, a market study, property appraisal, and asbestos and mold as-
sessments shall be submitted as requested by the Department. In addi-
tion, if an application proposes rehabilitation and/or acquisition of a
building constructed prior to January 1 . 1 978. a lead-based paint assess-
ment shall be submitted.
(a) The market study must demonstrate whether sufficient demand ex-
ists in the market area to support the proposed project at the projected
rents.
(b) The properly appraisal must determine the value of the existing
project. If the land is leased, the appraisal must include the fair market
value of the lease payments.
(c) The asbestos, mold, and lead-based paint assessments must dem-
onstrate whether the project is free from severe adverse environmental
conditions.
ii. For applications proposing first-time homebuyer projects, ade-
quate information shall include the following:
(A) information adequate to determine the ability of the project to meet
federal and Stale HOME requirements, including a copy of the guidelines
to be used by the applicant for administering the project in compliance
with State and federal requiremenls;
( B) for applications proposing firsl-time homebuyer new construction
projects, an analysis of comparable properties in the market area, a prop-
erty appraisal, and a Phase I/Phase 11 environmental site assessment shall
be submitted as requested by the Departmenl.
(a) The analysis of comparable properties must demonstrate whether
the project's proposed home sales prices are supported by the market.
(b) The property appraisal must determine the value of the land upon
which the proposed project will be developed. If the land is leased, the
appraisal must include the fair market value of the lea.se payments.
(c) The Phase I/Phase 11 environmental site assessment must demon-
strate whether the property is free from severe adverse environmental
conditions.
(C) For applications proposing first-time homebuyer rehabilitation
projects, an analysis of comparable properties in the market area, a prop-
erty appraisal, and asbestos and mold assessments shall be submitted as
requested by the Department. In addition, if an application proposes to
acquire or rehabilitate a building constructed prior to January 1, 1978. a
lead-based paint assessment shall be submitted.
(a) The analysis of comparable properties must demonstrate whether
the project's proposed home sales prices are supported by the market.
(b) The property appraisal must determine the value of the existing
project. If the land is leased, the appraisal must include the fair market
value of the lease payments.
(c) The asbestos, mold, and lead-based paint assessments must dem-
onstrate whether the project is free from severe adverse environmental
conditions.
iii. Any document prepared pursuant to subsections (i)(B) and (C) or
(ii)(B) and (C) shall be prepared by an individual or firm which:
(A) has the appropriate license, when deemed necessary by the De-
partment, and knowledge and experience necessary to competently pre-
pare the document;
(B) is aware of, understands, and correctly employs those recognized
methods and techniques that are necessary to produce a credible and
complete document;
(C) communicates each analysis, opinion and conclusion in a manner
that is not misleading as to the true market needs lor low-income residen-
tial property, and the value and condition of Ihe subject properly; and
(D) is an independent third parly having no identity of interest with the
applicant, ihe partners of the applicant, the iniended partners of the appli-
cant, or with the general contractor.
(5) if applicant is a CHIX). the procedures to ensure the CHDO's ef-
fective project control of activities assisted with HOME funds pursuant
to 24 CFRSection 92.3()0(a)( 1 ).
NOTt- Authority cited: Sections .^0406 and .S()8%.3(b). Health and .Salcl\ Code.
Rcierence: 24 CFK Sections 92.1. 92.201. 92.20.^. 92.2().S. 92.206. ^)2.209.
92.214(a). 92. 2.S2. 92.254. 92.. ^00(a)( ] I. 92. 3.S 1 . 92. 3.S2. 92.. I'i.S and 92.. SOO; .Sec-
tion 6.5.5X8. Government Code: and Sections 50X96. 50X96. 1 and 50X96..^. Health
and Safely Code.
HisnokY
1 . New section fded 7-2-92 as an emergency: operative 7-2-92 ( Reeisler 92. No
2X), A Certificate of Compliance iruist be iransmiiied to ()AL10-,^>0-92 or
emergency language will be repealed by operation of law on the lollou ing day.
2. New section refiled 10-2.^-92 as an ei7iergency: operative HK^()-92 (Register
92. No. 4.'^). A Certificate of Compliance must be transmitted to OAL 2-2,^-9.'^
or emergency language will be repealed by operation of law on the follow ing
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93.
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the follow ing day.
4. Certificate of Compliance as lo 3-2-93 order including renumbering and
amendment of former section X212 to section X2I3 with amendment ol Nori
and renumbering of former section 8213 to section X2I4 iransmiiied to OAL
5-26-93 and filed 7-7-93 (Register 93. No. 2X).
5. Change without regulatory effect amending form filed 3-28-94 pursuant to title
L section 100. California Code of Regulations (Register 94. No. 13).
6. Renumbering of tbrmer section X2 1 1 to new section X209. and renumbering ol
former section 821 3 lo new section 82 1 1 . including amendment ol section and
NoTi-.and repealer of forms, filed 3- 14-97: operative 3- 1 4-97 pursuant ioGo\-
emment Code section 1 1343.4(d) (Register 97. No. 1 1 ).
7. Amendment of subsecfion (a) filed 1-14-99: operative 2-13-99 (Reeister 99.
No. 3).
8. Change without regulatory effect amending subsection (a) and repealing sub-
sections (c)-(c)(2) filed 8-4-99 pursuant to section 1 00. title I . California Code
of Regulations (Register 99. No. 32).
9. Change without regulatory etfeet amending Form HOME- 1 (incorporated by
reference) and amending subsection (a) filed 7-28-2000 pursuant to section
100. title 1, California Code of Regulations (Register 2000, No. 30).
1 0. Change without regulatory effect amending subsection (a) and Form HOMF- 1
(incorporated by reference) filed 7-17-2001 pursuant lo section 100. title I.
California Code of Regulations (Register 2001 . No. 29).
1 1. Amendment of subsections (a) and (b). new subsections (c)-(e)( 5) and amend-
ment of NOTK filed 9-9-2004; operative 9-9-2004 pursuant (o Government
Code section 1 1343.4 (Register 2004. No, 37).
12. Repealer of subsection (d)(7 1 filed 8-1 2-2005: operative 9-11 -2005 ( Register
2005. No. 32).
13. Amendment of subsection (e)(4). new subsections (e)(4)i.-(e)(4)iii.(l)) and
amendment of Nom filed 12-10-2007: operative 12-10-2007 pursuant to
Government Code section 1 1,343.4 (Register 2007, No. 50).
§ 8212. Application Selection and Evaluation.
(a) Applications shall not be considered for funding unless the applica-
tion is received within the time frames specified in the NOFA and dem-
onstrates that all of the following conditions exist:
( 1 ) the applicant is eligible pursuant to Seclion 8204 and 8204. 1 ;
(2) the applicant proposes at least one eligible activity and the pro-
posed uses for the HOME funds are eligible pursuant to Sections 8203
and 8210(c);
(3) the appHcation is complete pursuant lo Section 821 I ;
(4) the total amount of funds requested for both administration and ac-
tivity-specific costs does not exceed ihe funding allocation limit which
is Slated in the NOFA and any allowed increase lo this limit pursuant to
Section 8217;
(5) if apphcant is a CHDO, includes procedures ensuring the CHDO's
effective project control of activities assisted with HOME funds pursuant
to 24 CFR Section 92.300(a)(1); and
(6) for applications proposing projects involving acquisition of rental
housing, acquisition and rehabilitation of rental housing, rehabilitation
Page 496.109
Register 2{X)7, No. 50; 1 2 - 1 4 - 2007
§8212
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
of rental housing, construction of rental housing, or construction of hous-
ing for first-time homebuyers, the application demonstrates:
(A) that the project is financially feasible;
(B) site control is obtained pursuant to Section 8303;
(C) that there are no pending lawsuits that will prevent implemeniaiion
of the project, as proposed;
(7) for applications proposing rental activities, the application con-
tains documentation demonstrating that the project either complies with
or is exempt from Article 34 of the California Constitution.
(b) Each application considered for funding shall first be rated using
the criteria contained in this subsection and either the criteria in subsec-
tion (c) for program applications or the criteria listed in subsection (d) for
project applications. Maximum possible rating points are listed after
each criterion. Program applications, rental project applications, and
first-time homebuyer project applications shall be rated and ranked sepa-
rately. All applications shall be rated on the following:
( 1 ) If the applicant is a city or county, the city or county's adopted
housing element is in substantive compliance on the date applications are
due to the Department as published in the NOFA. Newly formed cities
thai arc not required to have an adopted housing element in compliance
with general plan law shall receive full points in this category. If the ap-
plicant is a CHDO, the CHDO shall receive full points in this category.
(50 points)
(2) Whether the application proposes activities within a jurisdiction
whose formula allocation is being reallocated by the Department. (50
points)
(3) Whether the application proposes activities in a rural area. (50
points)
(4) Whether the application addresses one or more state objectives, as
identified in the Consolidated Plan or the Annual Plan of the Consoli-
dated Plan required by HUD. (150 points)
(c) Applications proposing programs shall be evaluated on these addi-
tional criteria:
( 1 ) Capability to operate a HOME program, as demonstrated by the
following: (up to 250 points).
(A) Performance of the applicant in meeting federal and State HOME
requirements specified in this Section in previous State HOME contracts
(up to 150 points). For this criterion only, all applicants initially will be
credited with 150 points. Applications will then have points deducted for
performance problems under previous State HOME contracts.
(i) Applicants who have in the last three contracts, from prior years as
defined in the NOFA, not submitted required quarterly, annual, or project
completion reports on time will lose up to 50 points; and
(ii) applicants who have not complied with monitoring and contractual
requirements identified by the Department in the last 5 years as defined
in the NOFA will lose up to 100 points.
(B) Prior experience of the applicant, as measured by implementation
of HOME, and/or other local, State or federal affordable housing or com-
munity development programs during the most recent seven year period
(up to 100 points):
(2) Community need based on one or more of the following factors:
poverty level and overpayment for housing by low-income households
by tenure (i.e., owner or renter), vacancy rates for housing in the jurisdic-
tion by tenure, age of housing stock by tenure in the jurisdiction, numbers
and percentages of substandard housing units, overcrowding of housing
by tenure in the jurisdiction, and percentages of households that are be-
low poverty level and who are overcrowded and living in substandard
housing by tenure, as reflected in U.S. Census data; the numbers of low-
income housing units at risk of conversion to market rate and those that
actually have converted to market rate; and the ratio between the median
home sales price and the median household income in the jurisdiction.
The NOFA will identify the community need factors that apply to each
activity and required source and who will be required to provide the
source documentation, (up to 450 points)
(3) Feasibility of the program being applied for. as demonstrated by
the degree to which the applicant's program guidelines reflect federal
and State requirements, and the following; (up to 100 points)
(A) for first-time homebuyer programs, the number of units which
have sold in the city or county over the preceding 12 month period at a
price which is affordable, given the proposed HOME assistance, to lower
income families;
(B) for rehabilitation of owner-occupied housing and rental housing
programs, the number of overcrowded households by tenure and the age
of the housing slock by tenure in the city or county, as reflected in U.S.
Census data;
(C) for tenant-based rental assistance programs, the overpayment by
lower-income renter households as reflected in U.S. Census data.
(d) Applications proposing projects will be evaluated on these addi-
tional criteria:
( 1 ) Capability to develop a HOME-assisted project, as demonstrated
by the following: (up to 450 points)
(A) Performance of the applicant, developer, owner, and managing
general partner in meeting federal and State HOME requirements speci-
fied in this section in previous State HOME contracts; (up to 200 points).
For this criterion only, all apphcations will initially will be credited with
200 points. Applications will then have points deducted for performance
problems under previous State HOME contracts.
(i) applicants, developers, owners, and managing general partners
who have in the most recent five-year period as defined in the NOFA,
missed deadlines for projects specified in Section 8217 will lose up to
200 points; or applicants who have not submitted required monthly, quar-
terly program income, annual, or project completion reports on time will
lose up to 50 points;
(ii) applicants, developers, owners, and managing general partners
who have in the most recent five-year period as defined in the NOFA,
made a material misrepresentation of any requirement or fact in an ap-
plication, project report or other document submitted to the Department
including but not limited to that which jeopardizes the Department's in-
vestment in a project or places the Department at risk of a monitoring
finding will loose up to 200 points; and;
(iii) applicants, owners, and managing general partners who have not
complied with monitoring requirements identified by the Department in
the last five years will lose up to 100 points.
(B) Prior experience of the applicant, as measured by the implementa-
tion of HOME, and/or other local. State or federal affordable housing or
community development projects during the most recent seven year peri-
od; (up to 50 points)
(C) Prior experience during the most recent five year period of the ap-
plicant, developer, owner, and managing general partner in developing
the same type of subsidized project, in a manner consistent with the appli-
cable funding source, as is proposed in the applicafion. (up to 200 points)
(2) Community need based on one or more of the following factors;
poverty level and overpayment for housing by low-income households
and by tenure (i.e., owner or renter), vacancy rates for housing in the ju-
risdiction by tenure, age of housing stock by tenure in the jurisdiction,
numbers and percentages of substandard housing units, overcrowding of
housing by tenure in the jurisdiction, and percentages of households that
are below poverty level and who are overcrowded and living in substan-
dard housing by tenure, as reflected in U.S. Census data; the numbers of
low-income housing units at risk of conversion to market rate and those
that actually have converted to market rate and the ratio between the me-
dian home sales price and the median household income in the jurisdic-
tion. The NOFA will identify the community need factors that apply to
each activity and required source and who will be required to provide the
source documentation, (up to 450 points)
(3) Feasibility of the project. For rental projects, feasibihty will be as
demonstrated by compliance with the Uniform Multifamily Regulations
(commencing with Section 8300) and State and federal HOME require-
ments. For first-time homebuyer projects, the Department will evaluate
the ability of the proposed project to meet State and federal HOME re-
quirements. This will include but is not limited to an evaluation of the
adequacy of the proposed development budget, the demonstrated market
Page 496.110
Register 2007, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
S 8212.3
lor ihc projecl. including both the assisted units, and the non-assisted
units, il'any. and the alTordability olthe project, taking into account other
available financing and HOME income requirements. Projects will also
earn points based on having the greatest percent of assisted units. Point
values lor each factor will be identified in the NOFA. (up to 200 points)
(4) Readiness of the project, as demonstrated by the project develop-
ment plan, status of local governmental approvals, design progress and
financing commitments. Point values for each factor will be identified in
ihc NOFA. (up to 300 points)
(5) Applications must receive at least 9.30 points in subsections (b)and
(d) in order lo be eligible for funding.
NoVL: Aiiihoriiv cited: Sections .^0406 and 508%. .^(b). Health and Safety Code.
Reference: 24 ChR part ^1. and 24 CFR Sections 92 I, 92,-50. 92.102. 92.204,
92.205. 92.206. 92,2 1 8. 92.250. 92,45 1 and 92.453: and Sections 50896. 508%. I
and 508%. 3. Health and Safety Code,
History
1 . New seetion filed 7-2-92 as an emergency; operative 7-2-92 (Register 92. No.
28). A Cenil'ieate of Compliance must Be transmitted to OAL l(K^O-92 or
emergency language will be repealed hy operation of law on the following day.
2. New seetion retlled 10-23-92 as an emergency: operative 10-30-92 (Register
92. No, 43), A Certificate of Compliance iinist be transmitted to OAL 2-23-93
or emereenev laniiuace will be repealed hv operation of law on the following
day,
3. New seetion retlled -V2-93 as an emergency: operative .V2-93 (Register 93.
Nt), 10), A Ceiiificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certitleate of Ctnnpliance as to 3-2-93 order including renumbering and
amendment of former section 8213 to section 8214 with amendment of Ncrrr;
and renumberint: of former seetion 8214 to seetion 8215 transmitted to OAL
5-26-9.^ and tiled 7-7-93 (Register 93. No, 28),
5. Renuinbering of former section 8212 to new section 8210. and renumbering of
former section 8214tonew section 8212. including amendment of .section and
NoTi tiled 3-14-97: operative 3-14-97 pursuant to Government Code section
11.^43.4(d)( Register 97. No, ID,
6. Fditorial correction of Nort. (Register 99. No. 3).
7. Amendment of subsections (b)( l)(B)(i)-(ii) filed 1-14-99: operative 2-13-99
(Register 99. No. 3).
8. Amendment of subsections (b)(3)-(4). new subsection (b)(5). amendment of
subsections (b)(3)(B)(i) and (c)(4) and new subsection (c)(5) filed 12-19-2001;
operative 12-19-2001 pursuant to Government Code section 1 1343.4 (Resisier
2001. No. 51).
9. Amendment tiled 9-9-2004; operative 9-9-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 37).
10. Amendment of subsections (a)(2). (b) and (c)( I )-(c)(l )(A)(i) and repealer of
subsectitms (e)(4)-(5) filed 8-12-2005; operative 9-1 1-2005 (Register 2005,
No. 32).
I 1. Amendment of subsections (b) and (d)(l )(A)-(d)(l )(A)(i). new subsection
(d)( l)(A)(ii). subsection renumbering and amendment of newly designated
subsection (d)( 1 )( A)(iii) and subsection (d)(3) tiled 12-10-2007; operative
12-10-2007 pursuant to Government Code seetion 11343.4 (Register 2007.
No. 50),
^ 821 2.1 . Allocation by Type of Activity and Rural
Location.
(a) HOME funds will be divided into three separate allocations, one
for rental projects, one for programs, and one for first-time hotnebuyer
projects, with the percentage of each allocation based on the actual ap-
plication demand expressed as a dollar amount requested in I'esponse to
the initial NOFA of a funding cycle. However, under the initial NOFA,
in noeventshall the allocation for rental projects or the allocation for pro-
grains decline below 40 percent of the total funds available, and in no
event shall the allocation for first-time bomebuyer projects decline be-
low 5 percent of the total funds available.
(b) If the minimum allocation is not fully subscribed for applications
submitted under the initial NOFA. the remaining funds may be:
(i) transferred to another allocation;
(ii) made available under a subsequent NOFA; or
(iii) a combination of both (i) and (ii). Funds made available under a
subsequent NOFA may be:
(A) made available on a first come-first served basis for a maximum
ol' nine months from the application deadline under the initial NOFA, or
(B) for programs, may be divided equally among all eligible applicants
requesting funds.
(c) In making its determination of how to allocate remaining funds
pursuant to subsection (b), the Department shall, at a minimum, consider:
(i) the amount of funds reinaining: (ii) any remaining demands under a
fully subscribed allocation; (iii) the potential future demand lor program
funds based on expenditure information on file with the Deparimeni: and
(iv) the anticipated timing and amount of the initial NOFA lor the next
funding cycle.
(d) Rental projects will compete against rental projecls. first-iimc
homebuyer projects will compete against first-time bomebuyer proiects
and programs will compete against programs.
(e) At least 50 percent of HOME funds awarded will be reserved for
applicants qualifying for rural points, as staled in 8212(b)(3), Houever.
if an insufficient number of applications thai qualify for rural points are
eligible for funding pursuant to 8212(c) and 82l2(d)(.5). the remaining
niral funding reservation will be used to fund any non-rural applications
that are eligible for funding.
NOTE: Authoritv cited: Sections 50406 and 50896, 3(b). Health and Salelv C^kIc.
Reference: 24 (^FR Section 92.1.50; and Sections 50896. .50896.1 and .5()896.3.
Health and Safety Code.
FIl.STORY
1. New seetion tiled 1-22-2001; operative 1-22-2001 pursuant to Go\ernment
Code section 1 1343.4(c) (Register 2001. No. 4).
2. Amendment of section heading, designation ol'existing seetion as subseetii)n (a)
and new subsection (b) tiled 12-19-2001; operative 12-19-2001 pursuant to
Government Code seetion 11343.4 (Register 2001. No. 51).
3. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government
Code section 1 1343,4 (Register 2004. No. 37),
4. Amendment filed 8-12-2005; operative 9-1 1-2005 (Register 2005. No. 32).
5. Amendment filed 12-10-2007; operative 12-10-2007 pursuant toGosernmeni
Code .section ll.'^43,4 (Register 2007, No. 50),
§ 8212.2. Uniform Multifamily Underwriting and Program
Rules.
(a) The following sections of title 2.S. Division 1 , Chapter 7. Subchapt-
er 19 are hereby incorporated by reference into this subchapter and shall
apply to rental housing developments. State Recipients may request a
deviation fVotn these rules on a case by case basis. Such a request will be
evaluated to determine its impact on project feasibility. The Deparimeni
at its sole discretion may or may not approve such a request.
(1) Section 8303. Site Control Requirements;
(2) Section 8304. Unit Standards;
(3) Section 8305. Tenant Selection;
(4) Section 8306. Tenant Recertification and Unit Mix Maintenance;
(5) Section 8307. Rental Agreement and Grievance Procedure;
(6) Section 8308. Operating Reserves.
(7) Section 8309. Replacement Reserves.
(8) Section 8310. Underwriting Standards;
(9) Section 831 1. Limits on Developtrient Costs;
(10) Section 8312. Developer Fee;
(11) Section 8313. Reserved.
(12) Seetion 8314. Use of Operating Cash Flow.
(13) Section 8315. Subordination Policy
(14) Section 8316. Leasehold Security
(b) For purposes of this section 7239 the definitions found in Section
8301 shall apply.
(c) In the event of a conllict or a perceived conllict between the provi-
sions of this section and the other sections in this subchapter, the provi-
sions of this section shall be constated to further the purposes of this sub-
chapter.
NOTE: Authority cited: Sections 50406 and 50896.3(b). Health and Safety Code,
Reference: Sect'ions 50896. 50896.1 and 50896,3. Health and Saletv 0)de; 42
U.S.C. Section 5304(b); and 24 CFR .Sections 92.252, 92.253, 92.Mn. 92,\5(),
92.351 and 92.504(e).
History
1. New section tiled 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343,4 (Register 2003, No, 40).
§ 8212.3. Deep Targeting Funds.
(a) For purposes of this section, the term "deep targeting funds" means
additional funds awarded to rental projects to provide rents below the
50% of area median income rent level as set forth in the NOFA.
(b) In addition to the maximum award amount set forth in a NOFA. and
subject to the provisions of this section, a NOFA may make deep target-
Page 496.110(a)
Register 2007, No. 50; 1 2- 14-2007
§8213
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
ing t'uiids available lor the purpose of reducing proiecl rents through re-
duLlion or elimination ol' non-public agency debt that requires debt ser-
vice payments.
(c) The NOFA shall establish the reduced rent levels required in order
for a project to be eligible to receive deep targeting funds.
(d) As a result of the reduction in mandatory debt service, all rents shall
be maintained at the area median income levels proposed in the HOME
application for a minimum of 55 years pursuant to a HOME regulatory
agreement or a regulatory agreement held by another government financ-
ing agency.
(e) The following projects shall not be eligible to receive deep target-
ing funds.
(i) Projects proposing to use nine percent Low Income Housing Tax
Credits.
(ii) f^entat rehabilitation projects that are not requesting HOME funds
for acquisition.
(f) Deep targeting funds shall be allocated only to rental housing proj-
ects ranking high enough to be funded pursuant to 821 2(b). If the demand
for deep targeting funds exceeds the amount made available in the
NOFA, projects will be rated and ranked for deep targeting funds as fol-
lows:
(i) The higher the percentage of HOME units restricted at or below the
deep targeting rent levels set in the NOFA. the more points that will be
awarded; and
(ii) The lower the average rent expressed as a percentage of area me-
dian income, the more points that will be awarded.
(iii) If a proiect requesting deep targeting funds does not score high
enough on the deep targeting rating factors to receive deep targeting
funds, the project will be evaluated pursuant to Section 8212(b) using the
rents that are proposed at the regular maximum HOME loan amount,
rather than the deep targeting HOME loan amount.
(g) Applicants requesting funds for deep targeting shall submit two
sets of documents as requested in the application. One set of documents
shall reflect rent levels and project financials if the project is funded at
the regular maximum HOME funding level, and one set of documents
shall reflect rent levels and project financials if the project is funded with
deep targeting funds. Except for differences attributable to reduced non-
public agency debt, the two project .scenarios shall be the same. Although
the project unit mix may change with deep targeting funds, the total num-
ber of units in the project shall not change. Among the HOME-assisted
units, no more than four different rent levels expressed as a percentage
of area median income shall be used for each bedroom size.
(h) In rating and ranking applications pursuant to subdivision (f), proj-
ects will only be compared to projects in counties with similar HOME
median income limits as set forth in the NOFA. Initially, fifty percent of
the available deep targeting funds shall be allocated to projects in coun-
ties with HOME income limits lower than the identified median income
limit in the NOFA, and fifty-percent of the funds shall be awarded to
projects in counties with HOME income limits higher than the identified
median income limit in the NOFA. Unallocated funds from one group
will be made available to the other group.
Note: Authority cited: Sections 50406 and 50896.3(h), Health and Safety Code.
Reference: 24 CFR Sections 92.201 , 92.206, 92.2 1 8. 92.252 and 92.257; and Sec-
tions 50896 and 50896.1 , Health and Safety Code.
History
I . New section filed 12-10-2007; operative 12-10-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 50).
§ 8213. Conditional Reservation of Funds.
(a) The Department will rate, rank and issue conditional reservations
of funds for applications based on its review of all of the eligible activities
for which funds are requested in the applicaUon. Rating scores for each
of the factors set forth in Section 8212(b), (c) and (d) will be totaled by
the Department. Those project applicaUons which receive the minimum
required number of points, as specified in 8212(d), and all eligible pro-
gram applicafions will receive conditional reservations in the order in
which they are ranked within their respective allocafions pursuant to
82 1 2. 1 with the higher point score funded first. Those applicaUons which
are to be funded wholly from any set-aside, becau.se all proposed activi-
ties are eligible to qualify as set-aside activifies, shall be funded first
based on their score within their respective allocations. Once the set-
aside has been achieved, all remaining applications will be funded based
on their score relative to all other remaining applications in their respec-
tive allocations.
(b) In the case of a tied score, the application demonstrating the highest
poverty level shall receive the higher ranking.
(c) In the event there are insufficient funds to fund an applicant's
whole program, the applicant may be offered the amount of funds avail-
able, provided it is sufficient to complete a portion of the application
which, if evaluated separately, would have been awarded funds.
(d) Applications shall be funded subject to the availability of funds.
NOTl,: Aulhoritv cited: Sections 50406 and 50896. 3(b). Health and Safety Code.
Reference: 24 CFR Section 92.150: and Sections 50896, 50896.1 and 50896.3,
Health and Safely Code.
History
1 . New section fded 7-2-92 as an emergency; operative 7-2-92 (Register 92, No.
28). A Certificate of Complianee must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Regi.ster
92. No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93,
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8214 to section 8215 with amendment of Note
and renumbering of former section 8215 to section 8216 triinsmitted to OAL
5-26-93 and tiled 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8213 to new section 821 1, and renumbering of
former section 8215 to new section 8213, including amendment of suKsection
(a) and Note fded 3-14-97; operative 3-14-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 1 1 ).
6. Amendment of section heading and subsection (a) and repealer of subsection
(e) filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section
1 1343.4 (Register 2004, No. 37).
7. Amendment of subsection (a) filed 8-12-2005; operative 9-1 1-2005 (Register
2005, No. 32).
8. Amendment of subsection (a) filed 12-10-2007; operative 12-10-2007 pur-
suant to Government Code section 1 1343.4 (Register 2007, No. 50).
Article 4. Program Operations
§8214. Legal Documents.
(a) Standard Agreement
( 1 ) The written document required by 24 CFR Section 92.504 shall be
a contract known as a standard agreement. The Department shall enter
into a standard agreement with each State Recipient and CHDO once the
State Recipient and CHDO have demonstrated compliance with the re-
quirements in their award letter.
(2) This standard agreement shall reserve monies from the HOME
fund in an amount approved for funding by the Department pursuant to
Seen on 8213.
(3) The standard agreement shall require compliance with those provi-
sions of 24 CFR part 92 which are applicable to State Recipients and
CHDOs and with this subchapter.
(4) The standard agreement shall include all the items specified in 24
CFR Section 92.504 and the following provisions:
(A) the granung and cancellation of HOME funds to the State Recipi-
ent or CHDO;
(B) State Recipient and CHDO responsibilities for local HOME pro-
gram operaUon, including time frames and milestones as set forth in the
application;
(C) reporting requirements, including performance reports, pursuant
to Secfion 8216 and the recordkeeping requirements as necessary to en-
sure compliance with 24 CFR Sections 92.508 and 92.509;
(D) requirements related to ensuring that the HOME assistance to the
project is not more than is necessary to provide affordable housing;
Page 496.110(b)
Register 2007, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
4} 8216
(E) projecl set-up and fund dishLirseincnl requirements, including pro-
vision of evidence ihai projects are ready (o be set up and provisions for
receipt, use. and accounting of HOME funds pursuant to Sections 8215
and 8217:
(F) provisions tor securing loans and grants pursuant to subdivision
(b):
(G) the actions to be taken to mitigate environmental effects in accor-
dance with the requirements set forth in 24 CFR Section 92.352;
(H) requirements that the Slate Recipient orCHDO shall not discrimi-
nate or permit discrimination on the basis of race, color, religion, ances-
try, sex. age, national origin, marital status, and mental or physical handi-
cap, in accordance with state law and shall comply with the federal
requirements as set Ibrlh in 24 CFR Sections 92.350 and 92.351;
(1) requirements that prior lo the issuance of a state designation num-
ber which is necessary lo access the federal disbursement and informa-
tion syslem. the Slate Recipient orCHDO shall comply with the require-
ments of 24 CFR Sections 92.500 and 92.502;
(J) remedies available to the Department in the event of a violation,
breach, or default of the standard agreement, including repayment of all
costs of enforcement;
(K) requirements that the Slate Recipient or CHDO permit the Depart-
ment. HUD or their designated agents and employees the right to inspect
the project or projects and all books, records, and documents maintained
by the State Recipient orCHDO in connection with the local HOME pro-
gram;
(L) requirements that the Slate Recipient or CHDO submit audits pur-
suant 10 24 CFR Section 92.506:
(M) any other terms and conditions as required by local, state, or feder-
al law. which are necessary lo ensure compliance with the requirements
of the Act.
(b) Security and Regulatory Documenls
( 1 ) Except when the State Recipient will be retaining funds in a local
account, all loans shall be evidenced by a promissory note payable to the
Department in the principal amount of the loan and stating terms consis-
tent with the requirements of HOME. The promissory note shall be se-
cured by a deed of trust naming the Department as beneficiary, or by oth-
er security acceptable to the Department. Such security shall be executed
prior to the disbursement of funds.
(2) If the State Recipient will be retaining funds in a local account, all
loans shall be evidenced by a promissory note payable to the State Recip-
ient in the principal amount of the loan. The promissory note shall he se-
cured by a deed of trust naming the State Recipient as the beneficiary. All
loans made to State Recipients by the Department for use on projects
which the State Recipient owns shall be evidenced by a promissory note
payable to the Department in accordance with subsection (b)(1).
( 3 ) The Department or State Recipient shall ensure that restrictions are
recorded or imposed against the project to ensure affordability require-
ments pursuant to Section 8208.
NOTf:: Authoritv cited: Sections 50406 and .50896.3(b). Health and Safety Code.
Reference: 24 CFR part 92: 24 CFR Sections 92.303, 92.350, 92.352, 92.500.
92.502. 92. .504. 92.508 and 92.509; and Sections 35800. 50896 and .50896.1.
Health and Salely Code.
HtSTORY
1 . New section filed 7-2-92 as an emergency: operative 7-2-92 (Register 92, No.
28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-23-92 as an emergency: operative 10-3(^92 (Register
92. No. 43). A Certificate of Compliance must be transmitted to OAL 2-2.V93
or emergency language will be repealed by operation of law on the following
day.
^. New section refiled 3-2-93 as an emergency: operative .V2-93 (Register 93,
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8215 to section 8216 with amendment of NoTR
and renumberins of former section 8216 to section 8217 transmitted to OAL
5-26-93 and tiled 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 8214 to new section 8212, and renumbering of
former section 8216 lo new section 8214. including amendment of section and
NoTH bled 3-14-97; operative .VI 4-97 pursuant to Government Code section
I l.M.14(d)( Register 97. No. 11).
6. Amendment of subsection (a)(4)(L). new subseclion (a)(4)(M) and sLibseclion
reiettering filed 1-22-2001: operative 1-22-2001 pursuant to Government
Code section I l.M.^.4(c) (Register 2001. No. 4).
7. Amendment iiied 9-9-2004: operative 9-9-2004 pursuant to Go\ernmenl
Code section 1 1 343.4 (Register 2004. No, 37).
§ 8215. Project Set-Up and Disbursement of Funds.
(a) Upon notification from the Slate Recipient orCHDO that it is ready
to set up each projecl in the federal disbursement and information syslem:
( 1 ) The Stale Recipient or CHDO shall submit to the Department the
project set-up report required by 24 CFR Section 92.502(b) prior to the
first disbursement request.
(2) The Departmeni shall verify that the projecl is in compliance with
the applicable conditions contained in the standard agreement.
(3) Upon verification of sub.sections (a)( I ) and (a)(2). the Department
shall set up the project with HUD in the federal disbursement and in-
formation system.
(b) HOME funds shall be drawn down by electronic fund transfer from
the HOME fund for a project that has been set up pursuant to subsection
(a).
(1) The Department shall make telephonic requests for disbursement
directly to the federal disbursement and information syslem after receipt
of a certification of the payment request. The original certification shall
remain in the permanent project file.
(2) The Department shall withhold disbursements in the event the
Stale Recipient or CHDO fails to comply with the terms of the standard
agreement, these regulations and/or the requirements of 24 CFR part 92.
(c) Funds drawn from the HOME fund shall be expended for eligible
costs within 15 days.
(1) Interest earned on HOME funds drawn from the federal disburse-
ment and information system and remaining in the k)cal account no more
than 15 days shall be retained in the local account and used for eligible
HOME costs.
(2) Unused funds, including interest earned on funds beyond the 15
days, shall be returned to the Department to be returned to the federal dis-
bursement and information system.
(d) All HOME funds in the local account shall be disbursed in accor-
dance with 24 CFR Section 92.502(c)(3).
(e) Within 60 days of receipt of the final drawdown request for a proj-
ect, the Stale Recipient or CHDO shall provide to the Departmeni the
projecl completion report required by 24 CFR Section 92.502(e). If the
Slate Recipient or CHDO does not comply with this requirement within
the 60-day time period, the Department shall suspend further project set-
ups or disbursements for the State Recipient or CHDO until a project
completion report is received and accepted by the federal disbursement
and information syslem.
NOTL: Authority cited; Sections 50406 and .50896..^(b). Health and Safelv Code.
Reference: 24 CFR Section 92.502; and Sections 50896 and 50896. 1 . Health and
Safety Code.
History
1 . New .section tiled 7-2-92 as an emergency; operative 7-2-92 (Register 92. No.
28). A Certibcate of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section retlled 10-23-92 as an emergency: operative 10-30-92 (Register
92, No. 43). A Certificate of Compliance must be transmitted lo OAL 2-23-9.^
or emergency language will be repealed by operation of law on the tblk)wing
day.
3. New section refiled 3-2-93 as an emergency: operative 3-2-93 (Register 93.
No. 10). A Certificate of Compliance mu.st be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8216to section 8217 with amendment of Nori;
and renumbering of former section 8217 to .section 8218 transmitted to OAL
5-26-93 and tiled 7-7-93 (Register 93. No. 28),
5. Renumbering of former section 82 1 5 to new section 82 1 3, and renumbering ol
former section 821 7 to new section 82 1 5, including amendment of section head-
ing, .section and NOTEi filed .V14-97: operative 3-14-97 pursuant to Govern-
ment Code section 1 1.343.4(d) (Register 97. No. 1 1 ).
6. Amendment filed 9-9-2004; operative 9-9-2004 pursuant lo Government
Code section 1L343.4 (Register 2004. No. 37).
§ 8216. Reporting and Recordkeeping.
(a) Reporting Requirements
Page 496.110(c)
Register 2007, No. 50; 12-14-2007
§8217
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1 ) Upon execution of Uie standard agreement required hy Section
8214. and no later than 10 days following the last day of the month, recip-
ients of project funds shall submit a monthly status report and. for proj-
ects currently under construction, a monthly labor compliance certifica-
tion. The State Recipient or CHDO shall continue to submit the monthly
status report until the final project completion report is accepted in the
federal disbursement and information system. The monthly status report
shall include the following:
(A) information to determine the progress of efforts to comply with
environmental and labor standards requirements:
( B ) information to determine the progress of efforts to obtain all neces-
sary project financing:
(C) information to determine the progress of efforts to obtain required
local government approvals for the project:
(D) information to determine whether there have been any changes in
project site control:
(E) information to determine the timeline for completion of the proj-
ect:
( F) current contact information for individuals or firms overseeing the
development of the project.
(2) Upon execution of the standard agreement and, at a minimum, no
later than 30 days after the end of each calendar quarter until the final
project completion report is accepted in the federal disbursement and in-
formation system. State Recipients and CHDOs with HOME funds for
program activities shall submit to the Department a performance report
which shall include the following information:
(A) activities undertake to implement the local program and to meet
milestones contained in the standard agreement;
(B) anticipated activities in the next quarter to implement the local pro-
gram and to meet milestones contained in the standard agreement;
(C) problems in implementing the program or complaints received
during the reporting period and actions taken to resolve such problems
and complaints;
(D) financial information related to expenditures of HOME funds and
activity in the local account;
(E) any additional information which may be requested by the Depart-
ment to ensure compliance with federal requirements.
(3) Stale Recipients, CHDOs, or other borrowers shall submit to the
Department an annual performance report. The annual performance re-
port shall cover the period from July I to June 30 and shall be submitted
on July 1 of each year and not later than July 3 1 of each year pursuant to
Section 8214(a)(4)(C). The report shall include information and docu-
mentation which is necessary to meet record keeping and reporting re-
quirements pursuant to 24 CFR Section 92.508(b).
(b) Fiscal and Programmatic Requirements
( 1) State Recipients and CHDOs shall maintain records as described
in 24 CFR Sections 92.508(a)(2). (a)(3), (a)(5), and (a)(6). These records
shall be retained for the periods of lime specified in 24 CFR Secuon
92.508(c). State Recipients and CHDOs shall make all program records
available to the Department for inspection and review and shall provide
all program records to the Department upon request.
(2) At any Ume during the operation of the local HOME program, the
Department may perform or cause to be performed a financial audit pur-
suant to 24 CFR Section 92.506 of any and all phases of program opera-
tions. At the Department' s request, the State Recipient or CHDO or other
borrower shall provide, at its own expense, a financial audit prepared by
a certified public accountant.
NOTE: Authonty cited: Sections 50406 and 50896.3(b). Health and Safety Code.
Reference: 24 CFR Sections 92.250. 92. 352, 92.354, 92.504, 92.506 and 92.508;
and Sections .^0896 and 50896.1, Health and Safety Code.
History
1 . New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No.
28). A Certificate of Comphance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section retlled 10-23-92 as an emergency; operative 10-30-92 (Register
92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-2.1-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93,
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8217 to section 8218 with amendment ol Noir;
and renumberina of former section 8218 to section 8219 transmitted to OAL
5-26-93 and filed 7-7-93 (Register 93, No. 28).
5. Renumbering of former section 82 16 to new section 82 14. and renumbering of
former .section 82 1 8 to new section 82 1 6. including amendment of section head-
ing, section and Noil: and repealer of forms filed 3-14-97; operative .VI 4-97
pursuant to Government Code section 1 1343.4(d) (Register 97, No. 1 1 ).
6. Amendment of subsection (a)(2) filed 1-22-2001: operative 1-22-2001 pur-
suant to Government Code section 1 1 343.4(c) (Register 2001. No. 4).
7. Amendmeni filed 9-9-2004: operative 9-9-2004 pursuant to Government
Code section 1 1.143.4 (Register 2004, No. 37).
8. New subsections (a)( I )-(a)( 1 )(F), subsection renumbering, amendment of new-
ly desisnaled subsections (a)(2), (a)(2)(A) and (a)(2)(D) and amendment of
NOTF. filed 12-10-2007: operative 12-10-2007 pursuant to Government Code
section 1 1.143.4 (Register 2007, No. .SO).
§8217. Project Deadlines.
(a) For purposes of this section, the following terms have the following
meanings:
( 1 ) "'Contract'" means the standard agreement required by section
8214. The contract shall designate each activity listed therein as either a
"project" or a "program".
(2) "Contractor" means a CHDO or State Recipient that has executed
a contract with the Department.
(3) "Expenditure" means the Department has received a valid dis-
bursement request for the funds.
(4) "Performance points" means those points made available pursuant
to Section 8212(d)(1)(A).
(5) "Project" means an acfivity for which, at the fime of application,
there is an identified site and an identified borrower. No substitution of
sites shall be permitted after the submission of an applicafion to the De-
partment.
(6) "Program" ineans an activity for which, at the fime of applicafion,
there is no identified site or no identified borrower.
(b) Project Deadlines
(1) All projects shall meet the following deadlines:
(A) the State Recipient or CHDO shall obtain all necessary permanent
project financing, including the permanent financing for the required pe-
riod of affordability within 12 months of the date of the award letter;
(B) all projects shall be set up in the federal disbursement and informa-
tion system no later than 1 7 months after the date of the award letter;
(C) all construction loan closings shall occur no later than 20 months
after the date of the award letter, with the excepfion of self-help projects,
for which construction loan closings must occur no later than 23 months
after the date of the award letter. Construcfion loan closing is defined as
the recordation of all construcfion financing loan documents, including,
as applicable, the HOME deed of trust and HOME regulatory agreement;
(D) all projects shall be completed within 36 months of the date of the
award letter, as evidenced by the filing of a Nofice of Complefion; and
(E) all expenditures shall be made within 40 months of the date of the
award letter.
(2) If a project fails to meet one or more of these timeframes outlined
in (1 ) above, the next applicafion for a project involving the applicant,
developer, owner or managing general partner submitted in respon.se to
a NOFA having an application deadline after the missed project dead-
line/s shall receive a performance penalty pursuant to secfion
8212(d)(1)(A).
(3) If a project fails to meet three (3) of the timeframes outlined in (1)
above the contractor shall be:
(A) ineligible to apply for a project in any NOFA having an applicafion
deadline following the third missed deadline unfil the project is com-
pleted, occupancy is obtained and all expenditures are made and all nec-
essary HOME funds are drawn; and
(B) the next applicafion for a project involving the applicant, develop-
er, owner, or managing general partner shall receive a performance pen-
alty.
Page 496.110(d)
Register 2007, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
i} 825(1
(c) An exception to the project requirements of this section may be re-
quested and provided at ihe Department's sole discretion when it is deter-
mined that violation was clearly outside of the control ol'the applicant,
developer, owner or managing general partner. This provision does not
apply to Subsection 8217(h)(3)(A).
NOIK; Aulhoritv cited: Sections .^0406 and 50896. 3(b), Health and Safety Code.
Reference: 24 CFR Sections 92.4.54(a)(2) and 92.5()()(d); and Sections 50896 and
50896.1. Health and Salely Code.
H I.STORY
1 . New section filed 7-2-92 as an emergency, operative 7-2-92 (Register 92, No.
28). A Ccilificaie of Compliance must be transmitted to OAL 10-30-92 or
emergency language will be repealed by operation of law on the following day.
2. New section retllcd 10-23-92 as an emergency: operative 10-30-92 (Register
92. No. 43). A Certil'icate of Compliance must be transmitted to OAL 2-23-93
or emergency language will be repealed by operation of law on the following
day.
3. New section refiled 3-2-93 as an emergency: operative .3-2-93 (Register 93.
No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or
emergency language will be repealed by operation of law on the following day.
4. Ceriilieate of Compliance as to 3-2-93 order including renumbering and
amendment of former section 8218 to section 8219 with amendment of NoTr;
and renumbering of former section 8219 to section 8220 transmitted to OAL
.5-26-93 and filed 7-7-93 (Register 93. No. 2X).
5. Renumbering of former section 8217 to new section 8215, and renumbering of
former section 82 1 9 lo new section 82 17, including amendment of section head-
ing, section and NoTi filed .3-14-97: operative 3-14-97 pursuant to Govern-
ment Code section 1 1.343.4(d) (Register 97, No. I 1 ).
6. Amendment of section heading and section filed 12-27-99; operative
12-27-99 pursuant to Govemmem Code section J 1343.4(d) (Reijister 99. No.
.53).
7. Amendment of subsections (b)( I), repealer of subsection (b)(2). and amend-
ment of subsections (c)(1) and (c)(4) filed 1-22-2001: operative 1-22-2001
pursuant to Government Code section 1 1343.4(c) (Register 2001. No. 4).
8. Amendment filed 9-9-2004: operative 9-9-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 37).
9. Amendment ot section headins and section filed 8-12-2005: operative
9-1 1-2005 (Register 2005, No. .32).
It). Amendment of suKseetions (b)(2). (b)(3)(B) and (c) filed 12-10-2007; opera-
tive 12-10-2007 pursuant lo Government Code section 11343.4 (Register
2007. No. 50).
§ 821 7.1 . Identification and Set-Up Deadlines for
Contracts Numbered Prior to 1999.
Note;: Authoritv cited: Sections 50406 and 50896.3(b). Health and Safety Code.
Reference: 24 CFR Sections 92.454(a)(2) and 92.500(d); and Sections 50896 and
50896. 1. Health and Safety Code,
History
1. New section filed 12-27-99; operative 12-27-99 pursuant to Government
Code section 1 1343.4(d) (Register 99. No. 53).
2. Change without regulatory effect adding section heading filed 7-28-2000 pur-
suant to section 1 00, title 1 , California Code of Regulations ( Resister 2000, No.
30).
3. Repealer filed 9-9-2004; operative 9-9-2004 pursuant to Government Code
section 1 1.343.4 (Regi.ster 2004. No. 37).
§ 8218. Cancellation and Termination.
(a) Funding allocations to state recipients and CHDOs shall be can-
celed or reduced and standard agreements shall be terminated or
amended by the department under any one of the following conditions:
( 1 ) Slate recipients or CHDOs are not in compliance with the require-
iTients of HOME or the standard agreement;
(2) implementation of the local HOME program is not in compliance
with the time frames and goals stated in the state recipient's or CHDO's
application and standard agreement;
(3) special conditions for funding as slated in the standard agreement
have not been fulfilled; or
(4) the department has been notified by HUD of a reduction in or elimi-
nation of the department's allocation of HOME funds.
(b) At least fourteen days prior to the effective date of the termination
or amendment of a standard agreement, the department shall provide
written notice to stale recipients and CHDOs of its intent to cancel or
amend the funding allocation.
(c) Upon notification by tJ)e department that the funding allocation is
canceled or reduced and the standard agreement is lermiiKited or
amended, the slate recipient or CHDO shall:
( 1 ) complete all work affected by the cancellation or reduction that is
in progress; and
(2) terminate any other activities that were to be paid for with HOME
funds.
td) After all required repayments have been returned to C/MI. any
funds reinaining in the stale recipient's local account shall he made avail-
able in accordance with section 821 ()(g) of this subchapter.
NOTF: Authontv cited: Sections 50406 and 50896.3(b). Health antl Salel\ Code.
Reference: 24 CFR Sections 92.504(0(1 )(,\) and 92..5()4(e)(3)( vii): and .Sections
50896 and 50896.1. Health and Salely Code.
History
1. Certificate of Compliance as to .3-2-93 order including renumbering and
amendment of former .section 8219 to section 8220 wiih amendment of Nori
transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).
2. Renumbering of former section 82 1 8 to new section 82 1 6. and renumbering of
former section 8220 to new section 8218, including amendment ol section and
NoTi: filed 3-14-97; operative .3-14-97 pursuant lo Govemment Code section
11343.4(d) (Register 97, No. 11).
§ 8219. State Recipient Administration of CHDO Local
Programs.
NOTE: Authority cited: Section 50406. Health and Safetv Code. Reference: 24
CFR Sections 92.201 and 92.502.
History
1. Renumbering of former section 8219 to new section 8217 and new section tiled
3-14-97; operative 3-14-97 pursuant to Government Code section 1 1 343.4(d)
(Register 97, No. ID.
2. Repealer filed 9-9-2004: operative 9-9-2004 pursuant to Governmenl Code
section I 1.343.4 (Register 2004, No. 37).
§ 8220. [Reserved.]
History
1. Renumbering of former section 8220 to new section 8218 filed 3-14-97: opera-
tive .3-14-97 pursuant to Government Code section 1 1343.4(d) (Renisier 97.
No. 11).
Subchapter 18. Child Care Facilities
Financing Program
Article 1. General
§ 8250. Purpose and Scope.
(a) As part of the Thompson-Maddy-Ducheny-Ashburn Welfare-io-
Work Act of 1997. (Ch. 270, stats, of 1997, codified at Education Code
sections 8277.3 and 8277.6), the Legislature established the Child Care
and Development Facilities Loan Guaranty Fund (hereafter, the "Loan
Guaranty Fund") and the Child Care and Development Facilities Direct
Loan Fund (hereafter, the "Direct Loan Fund") (combined, the "Funds"),
and mandated that the Department of Housing and Community Develop-
ment (the "department") administer the Funds, and establish regulations
for implementing and managing the Funds.
(b) The purpose of this subchapter is to implement, interpret, and make
specific the legislative provisions establishing and governing the Loan
Guaranty Fund and the Direct Loan Fund as set forth in Education Code
Part 6, Chapter 2, Article 1 2, sections 8277.5 and 8277,6 (the "statutes").
These regulations shall be referred to as the "Child Care Facilities Fi-
nancing Program," or "CCFFP."
(c) This subchapter makes child care facility assistance available
through three programs: ( I ) a program, to be administered by the depart-
ment or a department contractor, to guaranty loans; (2) a direct loan pro-
gram which may be administered directly by the department or through
a department contractor; and (3) a microenterprise assistance program
whereby the department will make assistance available to local microen-
terprises to assist eligible family child care homes serving more than six
(6) children.
NOTE: Authority cited: Section 8277.6(g). Education Code. Reference: Chapter
270. Stats, of 1997, Section 1; and Sections 8277.5 and 8277.6. Education Code.
Page 496.110(e)
Register 2007, No. 50; 12- 14-2007
§8251
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1 . New subchapter 18, article 1 (sections 8250-8251 ) and section tiled 4-16-W
as an emergency; operative 4-16-99 (Register 99. No. 16). A Ceilificate of
Compliance must be transmitted to OAL by 10-1.1-99 pursuant to Education
Code section 8277.6 or emergency language will be repealed by operation of
law on the following day.
2. New subchapter 18. aiticle 1 (sections 8250-8251 ) and section rei'iled 10-1-99
as an emergency: operative 10-13-99 (Register 99. No. 40). A Cenificate ot
Compliance must be transmitted to OAL by 2- 10-2000 or emergency language
v\ill be repealed by operation of law on the following day.
^. Repeal of subchapter 18 (articles 1-5. sections 8250-827.3), article 1 (sections
8250-825 1 ) and section by operation of Government Code section ) 1 346. 1 (g)
(Register 2000, No. 9).
4. New subchapter 18 (articles 1-5. sections 8250-8273). article I (.sections
8250-825 1 ) and section tiled 2-2-2001 : operative 2-2-2001 pursuant to Gov-
ernment Code section 11. 343.4(c) (Register 2001. No. 5).
§8251. Definitions.
Unless otherwi.se itidicated by the context, the following definitions
shall apply to this subchapter.
(a) "Amortized" or "amortized loan" means a loan which shall be re-
paid in regular payments of principal and interest sufficient to pay off the
loan at tnaiurity.
(b) "Applicant" means an entity applying for a guaranty, a direct loan,
or microenterprise assistance.
(c) "Application" means the information provided by a borrower ap-
plying for a guaranty, a direct loan, or microenterprise assistance.
(d) "Borrower" means an applicant who has received a guaranty, a di-
rect loan, or microenterprise assistance, but does not include an "interme-
diary."
(e) "Child care and development facility" means any residence or
building or part thereof in which child care and development services are
provided.
(f) "Child care and development services" means those services de-
signed to meet a wide variety of needs of children and their families,
while their parents or guardians are working, in training, seeking em-
ployment, incapacitated, or in need of respite. These services may in-
clude direct care and supervision, instructional activities, resource and
referral programs, and alternative payment arrangements.
(g) "Collateral" means real or personal property pledged by a borrow-
er, guarantor or intermediary as security for repayment of a direct loan,
microenterprise, guarantied loan or intermediary loan.
(h) "Collection guaranty" means a guaranty of a specified percentage
of net loan principal and up to 120 days of interest at the same percentage.
"Net loan principal" means the amount of loan principal remaining out-
standing after the lender has fully complied with the collection proce-
dures described in sections 8261 and 8262 of this subchapter.
(i) "Community Care Licensing Division" means the same as "licens-
ing agency" which means the State Department of Social Services, or its
contractor.
(j) "Contractor" means a public or private entity under contract to the
department or the department's contractor for the purpose of administer-
ing loan guaranties, direct loans or microenterprise.
(k) "Creditworthy" means that with the loan, the borrower will have
the ability to, for the reasonably foreseeable future, remain a going con-
cern, and repay the loan on the agreed to terms.
(/) "Default" means: ( 1 ) either a delinquency, or a nonmonetary breach
of the lender's loan documents, or (2) that the borrower is in bankruptcy.
(m) "Delinquency" means the failure of the borrower to make any pay-
ment when due. pursuant to the terms of the promissory note.
(n) "Demand" means a request for payment of all outstanding loan
principal and interest, and other fees due, on a guarantied loan, direct
loan, or microenterprise assistance.
(o) "Demand letter" means a letter containing a demand for payment
delivered pursuant to section 8261 of this subchapter.
(p) "Department" means the California Department of Housing and
Community Development.
(q) "Direct loan" means a loan made to an applicant by the department
or its contractor in a principal amount of not less than $25,000.
(r) "Direct Loan Fund" means the Child Care and Developtneni Facili-
ties Direct Loan Futid established by subdivision (b) of Education Code
section 8277. .5.
(s) "Direct loan program" refers, collectively, lo those provisions of
the statutes and this subchapter relating to the making of loans using
funds from the Direct Loan Fund.
(t) "Environmental survey" means an assessment to be completed by
the applicant, or other individuals familiar with the project, which will
give the lender an indication of the possible risks from any hazardous
substance that may be encountered relative to the project. "Hazardous
substance." for the purpose of this subchapter shall have the same mean-
ing as set forth in paragraph (2) of subdivision (e) of section 2929. .5 of
the Civil Code.
(u) "Facility" means the same thing as "child care and development
facility."
(v) "Family child care home" means a facility which is a residence at
which child care and development services are provided for more than
six (6) children.
(w) "Guaranty" means a written agreement between a lender and
another entity whereby the entity agrees to pay the lender a percentage
of a loan if the borrower for that loan fails to perform. Every guaranty
shall be either a "collection guaranty" or a "loan guaranty."
( x) "Guarantied loan" means a loan made by a lender to a borrower for
which a guaranty has been issued pursuant to this subchapter.
(y) "Improvement" means a physical change to real property which in-
creases its utility to the owner for the provision of child care and develop-
ment services.
(z) "Intermediary" means an entity selected by the department lo re-
ceive a loan from the Microenterprise Set Aside and which awards micro-
enterprise assistance to ultimate recipients and monitors and services that
assistance.
(aa) "Intermediary loan" means a loan from the department from the
Microenterprise Set Aside to an Intermediary to operate a micrenterprise
relending program.
(bb) "Lender" means a banking organization, including banks and
trust companies and state chartered commercial banks, savings and loan
associations, credit unions, state insurance companies, mutual insurance
companies, retirement and insurance companies, and other lending enti-
ties authorized to conduct business in California, and includes the depart-
ment or its contractor for direct loans made pursuant to this Subchapter.
(cc) "Lender certification" means a written statement by a lender certi-
fying that: (1 ) the loan being guarantied would not be made without the
guaranty; and (2) the lender will not charge loan fees or charges other
than those charged for similar loans.
(dd) "License" means the license required by Health and Safety Code
section 1596.80 to operate a child day care facility (as defined by Health
and Safety Code section 1596.750) and issued by the Community Care
Licensing Division of the State Department of Social Services, or its con-
tractor.
(ee) "Licensed child care and development facility" means a facility
operating under a valid license.
(ff) "Loan" means a direct loan made to a borrower by the department
or its contractor, a microenterprise assistance loan made to a borrower by
an intermediary, or a loan made to a borrower by a lender and guarantied
by the department or its contractor, and which loan has been made or gua-
rantied pursuant to this subchapter.
(gg) "Loan Agreement" means an agreement for a loan entered into
between a lender and a borrower.
(hh) "Loan Guaranty" means a guaranty of a specified percentage of
loan principal and up to one hundred twenty (120) days interest at the
same percentage as specified in the underlying guaranty.
(ii) "Loan Guaranty Fund" means the Child Care and Development
Facilities Loan Guaranty Fund estabhshed by subdivision (b) of section
8277.5 of the Education Code.
Page 496.110(f)
Register 2(X)7, No. 50; 12-14-2007
Title 25
Department of Housing and Community Development Programs
^8251
(jj) ■'GLiaraniy program" colleclivcly refers to those provisions in the
staiLiies and this subchapter relating to the inaiving of guaranties backed
by iLinds from the Loan Guaranty Fund.
(kk) "Lower Income" means the same tiling as "income eligible" as set
forth in Section 8263.1 of the California Education Code.
(//) "Microentcrprise business" means a business with five or fewer
employees, including the owner.
(nmi) "Microentcrprise assistance loan" means a loan of not more than
$24,999 and made by an intermediary to an ultimate recipient.
(nn) "Microenierprise Assistance program" means the program set
forth in Article .'S of this subchapter.
(00) "Microentcrprise Assistance Set Aside" means the funds set aside
by the department from the Direct Loan Fund for the pirrpose of the Mi-
croentcrprise Assistance program.
(pp) "Note" or "promissory note" means a promise in writing and
executed by a borrower to pay a specified amount during a limited lime
or on demand.
(qq) "Program assistance" means a direct loan, a guarantied loan, or
assistance provided through the Microenierprise Assistance Program to
an ultimate recipient.
(rr) "Project" means the activity for which the k)an is being requested.
(ss) "Rural area" or "rural community" means any area or community
located in a county with fewer than 400 residents per square mile as deter-
mined from the most recent decennial census.
(tt) "Security" means the same thing as "collateral."
(uu) "Statutes" means Education Code sections 8277. ."S and 8277.6.
(vv) "Surplus Money Investment Fimd" means the Surplus Money In-
vestment Fund referenced in Government Code section 14671 .
[The next page is 496. 1 H .]
Page 496.110(g)
Register 2007, No. 50; 12- 14-2007
Title 25
Department of Housing and Community Development Programs
ii 8255
•
"■(WW)"' Ulliniaic recipient" means a family child care home provider
serving more than six children and which has received assistance through
an intermediary from the Microenterprise Assistance Program.
Ncnr.; Authority cilcd: Section 8277.6(g). Education Code. Reference: Sections
H2()S(g). 82()8(i). X277.5 and 8277.6. Education Code.
Hlstory
1 . New section filed 4-I6-9M as an emergency; operative 4-16-99 (Regisier 99,
No. 1 6). A Ceriifieale of Comphance must be transmitted to OAL by 1 ()- 1 ,')~99
pursuant to Edueation Code section 8277.6 or emergeney language will be re-
pealetl by operation of law on the following day.
2. New section refiled 10-1-99 as an emergeney; operative 10-13-99 (Register
99. No. 40). A Certineale of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation of law on the
(oilowing day.
.1. Repealed by operation of Govemmeni Code section 1 1 .346. 1 ( e) ( Register 2000.
No. 9).
4. Neu section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code .section 1 1.^43.4(e) (Register 2001. No. .S).
Article 2. General Program Requirements
§ 8252. Eligible Applicant.
Eligible applicants Jor program assistance shall include, but are not
limited to, sole proprietorships, partnerships, proprietary or nonprofit
corporations, or local public agencies, that are responsible for contract-
ing with or providing licensed child care and development services.
Not [:: Authority cited: Section 8277.6(g). Education Code. Reference: Sections
8277.5(dHl). 8277..'S(e)(l)and8277.6(e^), Eiducation Code.
History
1 . New aiticle 2 (sections 82.S2-8257) and .section filed 4-16-99 as an emergency;
operative 4-16-99 (Register 99, No. 16). A Certificate of Compliance must be
transmitted to OAL by 10-13-99 pursuant to Education Code section 8277.6
or emergeney language will be repealed by operation of law on the following
day.
2. New article 2 (sections 82.S2-8257)and section refiled 10- 1-99 as an emergen-
cy; operative 10- 13-99 (Register 99, No. 40). A Certificate of Compliance must
be transmitted to OAL by 2-10-2000 or emergency language will be repealed
by operation of law on the following day.
3. Repeal ot article 2 (sections 82.^2-8257) and section by operation of Govern-
ment Code section 1 1.346.1(g) (Register 2000, No. 9). '
4. New article 2 (sections 8252-82.S7) and section tiled 2-2-2001; operative
2-2-2001 pursuant to Government Code section 11343.4(c) (Register 2001,
No. 5).
§ 8253. Eligible Facilities.
Facilities eligible for program assistance shall include full-day and
parl-day child care and development facilities, and family child care
homes serving more than six (6) children.
No't'E: Authority cited: Section 8277.6(g), Education Code. Reference: Section
8277.6(c). Education Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99,
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99. No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergeney language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code seefion 1 1 .346. 1 (g) (Register 2000,
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 5).
§ 8254. Eligible Project and Program Priorities.
(a) To be eligible to receive program assistance, the proposed project
shall create new child care and development capacity, or preserve capac-
ity that would otherwise be lost without the program assistance.
(b) To be eligible to receive program assistance, the proposed project
or applicant must also meet one of the following program priorities:
( I ) More than fifty percent (50%) of the capacity being created or pre-
served shall be for any combination of:
(A) Infant care for children from birth to three (3) years of age;
(B) After school care for children from live (5) to fourteen ( 14) years
of age;
(C) Non-traditional operating hours care (e.g. during evenings and
weekends);
(D) Serve special needs children. "Special needs'" means children with
professionally diagnosed disabilities yvhich may include physical, men-
tal, and/or inedical iinpairmenls; or
(2) The applicant currently operates a facility on or adjacent to a public
school, the facility has lost capacity at the school as a result of the class
size reduction program, and the proposed project will replace the lost ca-
pacity; or
(3) The applicant is cutiently under contract with the California De-
partment of Education to administer state and j'ederally-fundcd child
care and development programs; or
(4) More than fifty percent {5{)'7() of the capacity that will be created
or preserved by the proposed project will serve children from "Welfare-
to-Work"" families or other lower income families.
(c) Thirty percent (30%) of the funds inade available from the Loan
Guaranty Fund for purposes of guarantying loans, and thirty-percent
(307r) of the funds made available froin the Direct Loan Fund for pur-
poses of making direct loans shall be reserved and made available only
for projects located in rural areas (respectively, the "Loan Guaranty Ru-
ral Set Aside" and the "Direct Loan Rural Set Aside"). On or after June
30 of each year, commencing with the year 2001, the department shall
assess the amount of qualified applications for eligible projects located
in rural areas receiving funds from each of the Loan Guaranty Rural Set
Aside and Direct Loan Rural Set Aside (individually, a "rural set aside").
If the amount of qualified applications from rural providers is insufficient
to utilize all of the available funds in a rural .set aside, the department may
inake the excess futids in that set aside available to other qualified ap-
plications for eligible projects located in either rural or urban areas.
NOTE: Authority cited: Section 8277.6(g), Education Code. Reference: .Sections
8277.5(d)(1), (e)(1), 8277.6(e), (e), (f) and (g). Education Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-1.3-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-1 0-2000 or emergeney language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346. 1 ( g) ( Reeister 2000,
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 11 343.4(c) (Register 2001, No. 5).
§ 8255. Eligible Use of Funds.
(a) Program assistance shall only be used for the following purposes:
purchase, development, construction, expansion, acquisition or im-
provement of child care and development facilities that are. or will be,
licensed; related equipment and fixtures; and may be used to refinance
existing loans as provided in subsection (b).
(1 ) Loan proceeds used for itiiprovements shall only be used to fund
improvements necessary for any of the following purposes:
(A) to obtain, maintain, renew, expand, or revise a child care license;
(B) to make necessary health and safety improvements;
(C) to make seismic improvements;
(D) to provide access for disabled children.
(E) to expand or preserve existing child care operations
(2) Loan proceeds to a family child care home serving more than six
(6) children shall not be used to purchase a home or any real property.
(b) The amount of program assistance used to refinance existing loans
shall not exceed fifty percent (50%) of the total amount of the guarantied
loan, direct loan, or microenterprise assistance. Repayment of an existing
loan made for the purpose of purchasing, developing, constructing, ex-
panding, acquiring, or improving a child care and development facility
shall not be considered refinancing if the term of the existing loan does
not exceed 24 months.
Page 496.111
Register 2(X)1, No. 5; 2-2-2001
§8256
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(c) Program assistance shall noi be used for working capital, supplies,
or inventory.
(d) Program assistance may he used to pay loan fees and points, other
than an application fee.
Norii: Aulhoritv cited: Section 8277.6(g), Education Code. Reference: Sections
8277.5(dKl).(dH2). (e)(1), (e)(2) and 8277.6(d). Hducation Code.
HlStORY
1. fvlew section filed 4-16-99 as an emergency: operative 4-16-99 (Register 99.
No. 1 6). A Certificate ofCompliance niiist be transmitted to OAL by 10- 1 3-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation of law on the
tollowing day.
3. Repealed by operation of Governmeni Code section 1 1 346.1 (e) (Reeister 2000,
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 1 1.343.4(c) (Register 2001. No. 5).
§ 8256. Additional Conditions.
■As a condition of receiving a guaranty or direct loan, a successful ap-
plicant shall agree in writing to:
I a) provide licensed child care and development services in the facility
being assisted with the guaranty or direct loan for a period of twenty (20)
years, or the term of the guaranty or direct loan, whichever is shorter; and
ib) waive any claims against, and to indemnify and hold harmless, the
State of California, including the department and its contractors from and
against any and all claims, costs, and expenses stemming from operation
and maintenance of the facility being assisted with program assistance,
or the environmental degradation of the site upon which the facility is lo-
cated.
NOTE: Authority cited: Section 8277.6(g). Educafion Code. Reference: Sections
8277.5(d)(4), (A){5). (e)(3) and 8277.6(h) Education Code.
History
1 . New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99,
No. 16). A Certificate ofCompliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New secfion refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99. No. 40). A Certificate of Compliance must be transmitted to OAL by
2- 1 0-2000 or emergency language will be repealed by operation of law on the
following day.
3. F'epealed by operation of Government Code section 1 1 346. 1 (g) (Register 2000.
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 1 L343.4(c) (Register 2001, No. 5).
§ 8257. Availability of Loan Guaranties and Direct Loans.
(a) Loan guaranties shall be funded with funds from the Loan Guaran-
ty Fund. Direct loans and microenterprise assistance shall be funded with
funds from the Direct Loan Fund. The aggregate amount of all outstand-
ing loan guaranties shall not exceed four (4) times the balance of the Loan
Guaranty Fund, and the aggregate amount of all outstanding direct loans
and microenterprise assistance shall not exceed the amount in the Direct
Loan Fund.
(b) Each application for a guaranty or a direct loan shall be date
stamped upon receipt by the department or its contractor. Loan guaran-
ties and direct loans shall be made available to eligible applicants with
complete applications by the department or its contractor using an "over-
the-counter"' process whereby applications will be accepted, processed
and evaluated on an on-going basis in the order they are received so long
as funds remain available.
NOTE: Authority cited: Section 8277.6(g). Education Code. Reference: Sections
8277, .'i(d) and (e), 8277.6(b) and (g). Education Code.
History
1 . New section filed 4-16-99 as an emergency; operafive 4-16-99 (Register 99.
No. 1 6). A Certificate ofCompliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operafive 10-13-99 (Register
99. No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation of law on the
following day.
3. Repealed bv operation of Government Code section 1 1 346. 1 (2) (Register 2000.
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Goveniment
Code section 11, 343.4(c) (Register 2001, No. 5).
Article 3. Guaranty Program
§ 8258. Guaranty Application Procedure.
An applicant shall apply for a guaranty to the department or its contrac-
tor hy providing the department or its contractor with the saine informa-
tion provided to the lender that will be the beneficiary of the guaranty and
by providing all of the information set forth in subsections (a) and (r) of
section 8269 of this subchapter. The applicant shall also include a lender
certification with the application and a stateinent made under penalty of
perjury that the information submitted is true and correct to the best of
the applicant's knowledge.
NOTE: Authority cited: Section 8277.6(g), Education Code. Reference: Sections
8277.6(b) and (g), Educafion Code.
History
1 . New article 3 (sections 8258-8263) and section filed 4-16-99 as an emergency;
operative 4-16-99 (Register 99, No. 16). A Certificate ofCompliance must be
transmitted to OAL by 10-13-99 pursuant to Education Code secfion 8277,6
or emergency language will be repealed by operation of law on the following
day.
2. New article 3 (secnons 8258-8263) and section refiled 10-]-99asanemergen-
cy;operative 10- 13-99 (Register 99, No. 40). A Certificate ofCompliance must
be transmitted to OAL by 2-10-2000 or emergency language will be repealed
by operation of law on the following day.
3. Repeal of article 3 (secfions 8258-8263) and section by operation of Govern-
ment Code section 1 1 .346.1(g) (Register 2000, No. 9).
4. New article 3 (secfions 8258-8263) and section filed 2-2-2001; operative
2-2-2001 pursuant to Government Code section 1 1343.4(c) (Resister 2001,
No. 5).
§ 8259. Guaranty Application Processing.
The department or its contractor shall review and process a guaranty
application in accordance with the following procedures:
(a) Within thirty (30) working days of receipt of an application for a
guaranty, the department or its contractor shall review the appUcation
and provide the applicant with written notice as to whether the applicant
and proposed project are eligible to receive a guaranty, and whether the
application is sufficiently complete to allow further processing. If the ap-
plicant or project is ineligible, or if the application is incomplete, the no-
tice shall specify the steps, if any, the applicant may take to correct the
identified deficiencies.
(b) Within sixty (60) days of the mailing of notification that an applica-
tion is eligible for further processing, the department or its contractor
shall notify the applicant in writing of the department's or contractor's
approval or denial of the guaranty request. If the decision is to approve
the appUcation, the applicant shall be notified of any conditions placed
on the approval, and the department or its contractor shall issue a commit-
ment to guaranty, and an executed guaranty to the lender. If the decision
is to deny the application, the applicant shall be informed of the reasons
for the denial.
NoTE: Authority cited: Secfion 8277.6(g), Education Code. Reference: Sections
8277.6(b) and (g), Education Code.
History
1. New secfion filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operafion of law on the following day.
2. New secfion refiled 10-1-99 as an emergency; operafive 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346. 1(g) (Register 2000.
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 1 1 343.4(c) (Register 2001 . No. 5).
•
•
Page 496.112
Register 2001, No. 5; 2-2-2001
Title 25
Department of Housing and Community Development Programs
§8261
§ 8260. General Terms and Conditions of Guaranties.
In addilion lo the terms and conditions set forth in Article 2 of this sub-
chapter, loan guaranties shall also be subject to all of the following terms
and conditions:
(a) A single guaranty shall not exceed eighty percent (80%) of the prin-
cipal and interest due and owing on a loan for eligible project costs, and
the total amount of all outstanding loan guaranties for any one borrower
shall not exceed two million dollars ($2,000,000).
(b) The term of the guaranty shall be the lesser of twenty (20) years or
the term of the loan, and shall be subject to termination conditions de-
scribed in subsection 8263.
(c) The guaranty shall contain a requirement that the maximum
amount of interest to be paid is one hundred twenty ( 1 20) days at the gua-
rantied percentage, after the lender receives the notice defined in section
8263(d).
(d) The guaranty shall contain a slatemeni that the lender send to the
department, or its contractor executing the guaranty, a copy of all delin-
quency notices tendered to the borrower.
(e) The guaranty shall contain a description of the procedures and the
responsibilities of the lender and the department or its contractor subse-
quent to default, including information on whether the guaranty is a loan
guaranty or a collection guaranty.
(f) The guaranty shall contain section 8261 demand procedures.
(g) The guaranty shall contain an acknowledgment by the lender that
in the event of a demand, the lender will allow a representative of the De-
partment of Financial Institutions, or other auditor selected by the depart-
ment or its contractor, to examine the lender's loan files.
(h) The guaranty shall contain an agreement to abide by binding ar-
bitration by the American Arbitration Association in the event that the
department or its contractor denies the requested demand pursuant to sec-
tion 826 1 or 8262, or the amount paid to the lender is less than the amount
contained in the demand letter.
(i) The guaranty shall acknowledge that the full faith and credit of the
State of California is not, and shall not be, pledged to the Loan Guaranty
Fund; and the Slate of California is not, and shall not be. liable for loan
defaults that exceed the balance of funds on deposit in the Loan Guaranty
Fund.
(J) If the department utilizes a contractor to administer the guaranty,
the guaranty authorizes the contractor to charge a guaranty applicant an
application fee not lo exceed two hundred fifty dollars ($250.00) and a
guaranty fee not to exceed two percent (2%) of the principal amount gua-
rantied.
(k) The department or its contractor shall approve a guaranty applica-
tion and issue a guaranty if it finds that all of the following conditions
have been met:
( 1 ) The aggregate amount of all outstanding guaranties, plus the
amount of the requested guaranty, will not exceed four (4) times the cur-
rent balance in the Loan Guaranty Fund;
(2) The applicant is eligible pursuant to this subchapter;
(3) The use of the proceeds of the loan being guarantied is eligible pur-
suant to this subchapter;
(4) The project is in accordance with the threshold and priority criteria
set forth in section 8254;
(5) Not more than fifty percent (50%) of the loan proceeds shall be
used to refinance existing loans;
(6) Repayment of the loan is secured by reasonably available collateral
which may include, but shall not be limited to, a deed of trust on the prop-
erty assisted with the guarantied loan and the personal guaranties of any
shareholders or partners;
(7) There is no probability that the loan being guarantied would be
made by the lender under reasonable terms or conditions without the
guaranty, and the applicant has demonstrated a reasonable prospect of re-
payment of the guarantied loan;
(8) The application includes a lender certification;
(9) The lender's loan documents contain an agreement by the borrt)w-
er to maintain a current, valid child care license for the facility during the
term of the guarantied loan;
(10) The lender's loan documents contain an agreement by the bor-
rower to provide child care and development services at the facility for
which the loan was made, for the lesser of twenty (20) years or the teriu
of the guarantied loan, unless the borrower is a I'anu'ly child care prov ider
temporarily ceasing providing child care and development services and
complying with section 8260(k)( I I );
(11) The lender's loan documents require that ihe borrower shall
notify the lender and the department or its contractor within fourteen (14)
calendar days of the cessation of child care and development services in
the facility for which the guarantied loan was made ("cessation notice"):
(12) In the case of a family child care provider borrower that ceases
to provide services but retains its license and intends to resume services,
the cessation notice shall also include: (i) the reasons for the interruption
in services; and (ii) a date for resuming services. The borrower may
amend the resumption of services date declared in the cessation notice by
submitting an amended cessation notice to the lender and the department
or its contractor. The lender's loan documents shall also contain a re-
quirement that any cessation of services exceeding three years from the
date of the initial cessation notice shall constitute a default of the loan;
( 1 3) The lender's loan documents contain a provision that, with the ex-
ception of a family child care provider temporarily ceasing to provide
services in compliance with section 8260(k)( I I ), failure by the borrower
to continue operation of the licensed facility assisted with the guaranty
for child care and development shall constitute a default or breach under
the lender's loan documents;
(14) The lender has complied with all material conditions contained
in the guaranty, including perfecting its security interest in all collateral,
and the lender has not engaged, and will not engage, in fraudulent or
grossly negligent practices in connection with the borrower, guaranty,
the loan or the loan agreement; and
(15) The department's contractor, if any, is also not the lender.
Note. Authority cited: .Section 8277.6(g), Education Code, Reference: Sections
8277.5(d), 8277'.6(b) and (g), Education^Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certifieate of Compliance must be transmitted lo OAL by 1 ()- I .V99
pursuant to Education Code section 8277.6 or emergency language will he re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency: operative l()-L^-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation ol law on the
following day.
3. Repealed by operation ofGovemment Code .section 1 1346. l(g)(ReL'isier2()()().
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant lo Governmeni
Code section 11343.4(c) (Register 2001. No. 5).
§ 8261 . Demand Procedures for Guarantees.
(a) The lender may make a demand upon the department or its contrac-
tor for repayment of the unpaid loan principal and interest pursuant to the
terms of the guaranty by delivering a demand letter requesting immediate
payment of the guarantied portion of loan interest and principal to the de-
partment or its contractor. The demand letter shall include proof that the
borrower is in default and that the lender has delivered to both the bor-
rower and the department or its contractor the following written notices;
(1) In the case of a monetary default, a minimum o\' two (2) notices
subsequent to the delinquency upon which the default is based, at least
thirty (30) days apart, explaining the consequences of failure to remedy
the delinquency; or
(2) In the case of a non-monetary breach of the loan documents, a
minimum of two (2) notices of the breach, at least thirty (30) days apart,
explaining the consequences of failure lo remedy the breach; and
Page 496.113
Register 2001, No. 5; 2-2-2001
§8262
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) Notwithstanding tiie above provisions oftiiis subsection, the lender
shall not be required to deliver any notice of a monetary default or non-
monetary breach subsequent to a borrower's filing for bankaiptcy.
(b) Within five (5) working days of receipt of a demand letter, the de-
partment or its contractor shall contract with the Department of Financial
Institutions or an independent auditor to conduct an investigation to de-
termine whether the lender has complied with the terms of the guaranty,
and to issue a report to the department and its contractor, if any. The in-
vestigation shall address each of the following questions or topics:
( 1 ) Is the loan agreement between the borrower and the lender consis-
tent with the terms and conditions of the guaranty?
(2) Has a security interest in all collateral for the loan and guaranty
been perfected and maintained? Is all collateral available for assignment
to the department or its contractor in the event that payment is made upon
the demand? Is any collateral not available as a result of lender's negli-
gence, breach of contract, foreclosure or other cause? Fully describe the
circumstances and reasons that any collateral is unavailable due to any
of these causes.
(3) If the guaranty is a collection guaranty, has the lender complied
with the collection requirements for collection guaranties set forth in sec-
tion 8262'.'
(4) What is the borrower's current outstanding principal balance and
accrued interest?
(5) Has the lender complied with the procedures for making a demand
set forth in this section?
(6) In a section entitled "Loan Information," the report shall include
the following information obtained solely from a review of lender files:
a description of the borrower's business, a description of the collateral for
the loan, and a discussion as to whether the lender files contain any refer-
ence to matters material to borrower's compliance with any child care
laws or regulations.
(7) In a section entitled "Loan History," the report shall include a sum-
mary of the borrower's loan history, including the lender receipt of notice
date as referenced in section 8263(d). and the dates of the notices to the
borrower referenced in section 8261(a).
(c) Within fifteen (15) calendar days from the date the department or
its contractor receives a complete report from the Department of Finan-
cial Institutions or an independent auditor, the department or its contrac-
tor shall do one of the following:
{ 1 ) Deliver or cause to be delivered to the lender a check in an amount
not to exceed the amount contained in the demand letter, made payable
to the lender; or
(2) Deliver or cause to be delivered to the lender a denial of the request
for payment based upon fraud or gross negligence on the part of the lend-
er known to the department or its contractor.
(d) The amount paid to the lender pursuant to a demand letter shall be
less than the amount contained in the demand letter only under the fol-
lowing circumstances:
( 1 ) The demand contains an incorrect calculation of the amount owing;
or
(2) The amount owing on the loan has been reduced by subsequent
payments from the borrower or lender; or
(3) The lender has engaged in fraudulent activities pertaining to the
loan.
(e) Prior to or simultaneously with the delivery of a check to a lender,
the department or its contractor shall obtain an assignment by the lender
of the lender's interest in the loan. The assignment shall include the loan
promissory note, loan agreement (if any), and all collateral, except as
provided in the Collection Requirements for Collection Guaranties sec-
tion (section 8262).
(f) Demand must be made upon the department or its contractor no lat-
er than noon on the thirty-first (31st) calendar day following the date on
which the guaranty terminates; provided, however, that if the thirty-first
(3 1 St) day is not a day upon which the department or its contractor is open
for business, the last day for making a demand shall occur on the next
succeeding day upon which the department or its contractor is open for
business.
NoTt:: Aiithoritv cited: Section 8277.6(ii). Education Code. Reference: Sections
8277.5(d). 8277'6(b) and (g). Education^Code.
History
1. New section tiled 4-16-99 as an emergency: operative 4-16-99 (Register 99.
No. 16). A Cenit'icate of Compliance must be transmitted to OAL by 1 ()-l.^-99
pursuant to Education Code section 8277.6 or emergency language will he re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency: operative 10-13-99 (Register
99. No. 40). A Certificate of Cotnpliance must be transmitted to OAL by
2-l()-2()()0 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation ofGovemment Code section 1 1346. Kg) (Register 2000,
No. 9).
4. New section filed 2-2-200]; operative 2-2-2001 pursuant to Government
Code section 1 i:U3.4(c) (Register 2001, No. 5).
§ 8262. Collection Requirements for Collection Guaranties.
(a) A lender shall not be authorized to file a demand for a collection
guaranty unless it has complied with this section, and demand procedures
contained in section 8261.
(b) The lender must liquidate all collateral, but shall not be required to
file a lawsuit against any borrower or guarantor. "Liquidate" as used in
this subsection (b) means that the lender has exhausted all collateral by
one or more of the following methods:
( 1 ) Converted the collateral to cash; or
(2) Demonstrated, to the satisfaction of the department or its contrac-
tor that the collateral is without sufficient value to convert to cash; or
(3) Demonstrated that the borrower has filed for bankruptcy.
NOTE: Authority cited: Section 8277.6(g). Education Code. Reference: Sections
8277.5(d). 8277.6(b) and (g). Education^Code.
History
1 . New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99,
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or einergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346. 1(g) (Register 2000,
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 5).
§ 8263. Termination of Guaranty.
(a) A guaranty shall terminate upon full repayment of the guarantied
loan.
(b) Except for a guaranty of a loan made to a family child care provider
who has submitted a cessation notice declaring the intent to resume child
care and development services in accordance with section 8260(k)(l 1),
a guaranty shall terminate one hundred twenty (120) days from the lend-
er's receipt of notice that the borrower has either ceased making pay-
ments or providing child care and development services in the facility for
which the guarantied loan was made, or both, unless the lender has served
the borrower with a written notice of default prior to the end of the one
hundred twenty (120) day period.
(c) In the event a family child care provider has ceased to provide child
care and development services but has retained its license and has noti-
fied the lender and department or its contractor of its intent to resume pro-
viding child care and development services in accordance with section
8260(k)( 1 1 ), the guaranty shall terminate one hundred twenty ( 1 20) days
from the resumption of .services date declared in the cessation notice, or
any amended resumption of services date declared in an amended cessa-
tion notice unless; (l) the lender receives a written statement from the
provider made under penalty of perjury stating that the provider has a cur-
rent license and has resumed providing child care and development ser-
vices; or (2) the lender has served the borrower with a written notice of
default prior to the end of the hundred twenty (1 20) day period after the
resumption of services date, or any amended resumption of services date.
Page 496.114
Register 2001, No. 5; 2-2-2001
Title 25
Department of Housing and Community Development Programs
§8269
(d) "Receipt ol' notice" for purposes ol'tliis section nieans: ( 1 ) the lend-
er has actual or construclive notice through its own internal records; (2)
the lender has received notice from the borrower, or (3) the lender has re-
ceived wrilien notice IVom the department or its contractor.
(e) The lender shall use all reasonable means to insure that the borrow-
er actually receives the notice ol'default, including but not limited to use
of cerliiied mail return receipt requested, or personal delivery.
Ncnr; Authority cited: Section 8277.6(g), Bducatioii Code. Ret'eicncc; Sections
8277.5(d). 8277'.6(h) and (g), Hducation^Codc.
HiSIORY
1 . New section tiled 4-16-99 as an eniergcney: operative 4-16-99 (Register 99.
No. 1 6). A Cerii I'icaie of Compliance must be iransnntted to OAL by 1 0- 1 3-99
pursuant to Hducation Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section leilled 10-1-99 as an emergency: operative 10-13-99 (Register
99. No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 oreinergency language will be repealed by operation of law on the
lol lowing day.
3. Repealed bv operation of Govemntent Code section 1 1 346. 1 (g) (Register 2000.
No. 9). '
4. New section filed 2-2-2001: operative 2-2-2001 pursuant to Government
Code section 1 1343.4(c) (Reeister 2001. No. ,5).
Article 4. Direct Loan Program
§ 8264. Loan Limits.
In addition to the terms and conditions set forth in Article 2 of this sub-
chapter, direct loans shall also be suhjeei to all of the following condi-
tions:
(a) A direct loan shall not be made in an amount less than twenty-five
thousand dollars ($25,000.00), and the total outstanding balance of direct
loans to any one borrower, including principal and interest, shall not ex-
ceed two million dollars ($2,000,000).
(b) The total ainount of a direct loan shall not exceed fifty percent
(.50%) of the applicant's total investment in the project.
( 1 ) "Investment" means the total cost paid or incurred by the applicant
in constructing, renovating, or acquiring a facility, and for related equip-
ment and fixtures
(2) if the applicant is also receiving a guaranty provided pursuant to
this subchapter for the same project, the direct loan amount shall not ex-
ceed twenty percent (20%) of the investment.
(e) Not more than fifty percent (50% ) of the total amount of the direct
loan allowed in subsection (b) may be used to refinance exisdng debt. Re-
financing shall only be permitted if it will enhance the applicant's credit-
worthiness by enhancing security for repayment of the loan, and/or by
enhancing the applicant's cash tlow.
Norr:: Authority cited: .Section 8277.6(g), Education Code. Reference: Sections
H277. 5(e)(2). 8277.6(b) and (g). Hdueatron Code.
History
1 . New article 4 (sections 8264-8272) and section tiled 4—1 6-99 as an emergency;
operative 4-16-99 (Register 99. No. 16). A Ceilificate of Compliance must be
transmitted to OAL by 10-13-99 pursuant to Education Code section 8277.6
or emergency language will be repealed by operation of law on the following
day.
2. New article 4 (sections 8264-8272) and section refiled 10-1-99 as an emergen-
cy; operative 1 0- 1 3-99 (Register99. No. 40). A Certificate of Compliance must
be transmitted to OAL by 2-10-2000 or emergency language will be repealed
by operation of law on the following day.
3. Repeal of article 4 (sections 8264-8272) and section by operation of Govern-
menl Code section 1 1 346. 1 (g) (Register 2000. No. 9).
4. New article 4 (sections 8264-8272) and section filed 2-2-2001; operative
2-2-2001 pursuant to Government Code section 1 1343.4(c) (Register 2001,
No. 5).
§ 8265. Loan Term.
The term of a direct loan shall becotnmensurate with the type of asset
being financed and the borrower's ability to repay, and shall not exceed
twenty (20) years.
NOTE: Authority cited: Section 8277.6(g). Education Code. Reference: Sections
8277.5(e)(3), 8277.6(b) and (g), Edueatron Code.
History
i . New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99,
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language uill be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99. No. 40). A Ceilificate of Compliance must be transmitted to OAL b\
2-10-2000 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346. I(l') (Register 2000.
No. 9).
4. New section filed 2-2-2001: operative 2-2-2001 pursuant to Go\ernmeni
Code section 11 343.4(c) (Register 2001. No. 5).
§ 8266. Interest Rates.
The interest rate for a direct loan shall be set at the lime of application,
shall be fixed for the term of the loan, and shall be set at a rate equivalent
to the Surplus Money Investment Fund rate in effect on December 3 I of
the preceding calendar year.
NotE; Aufhoritv cited: Section 8277. 6(l'). Education Code. Relercnce: Sections
8277.5(e)(3), 8277.6(h) and (g). Edueatfon Code.
HiSIORY
1. New section tiled 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 1 6). A Cenificaie of Compliance imisi be transmilled to OAL by 1 0-1 3-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transnntted to OAL by
2-10-2000 or eniergency language will be repealed by operation of law on the
following day.
3. Repealed by operation olGovemment Code section 1 1 346. 1 (tr) ( Rciistcr 2000.
No. 9).
4. New section tiled 2-2-2001; operative 2-2-2001 pursuant to Goveniment
Code section 1 1343.4(c) (Register 2001. No. 5).
§ 8267. Repayment.
A direct loan shall be amortized to be fully repaid by the end of the kran
tertn, except that principal and/or interest payments may be deferred dur-
ing construction and initial project start up period so long as the deferral
or reduced payment does not result in a balloon payment at the end of the
loan term. Late charges on principal and interest payinents may be
charged as permitted by law.
NOTE: Authority cited: Section 8277.6(2). Education Code. Reference: Sections
8277.5(e)(3), 8277.6(b) and (g). Edueatmn Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted to OAL by 1 0- 1 3-99
pursuant to Education Code .section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 oreinergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code .section 1 1 346. 1 (e) ( Resister 2000.
No. 9).
4. New section filed 2-2-2001: operative 2-2-2001 pursuant to Government
Code section 1 1 343.4(e) (Register 2001, No. 5).
§ 8268. Security/CollateraL
Repayment of a direct loan shall be secured by reasonably available
collateral which may include, but shall not be limited to, a deed of trust
or personal guaranties of any shareholders or partners.
NotE: Authority cited: Section 8277.6(2), Education Code. Reference: Sections
8277.5(e)(3), 8277.6(b) and (g). Education Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-1 .^-99
pursuant to Education Code section 8277.6 oreinergency language will be re-
pealed by operation of law on the following day.
2. New secfion refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Govemment Code section 1 1 346. 1(e) (Register 2000,
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Govemment
Code section 1 1 .343.4(c) (Register 2001, No. 5).
§ 8269. Application Procedure.
An applicant shall apply for a direct loan to the department or its con-
tractor by providing the department or its contractor with all of the in-
formation set forth in this section. Said information shall be submitted in
Page 496.115
Register 2001, No. 5; 2-2-2001
^ 8270
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
a lormai acceptable to the department or its contractor and shall be stib-
niitled with a certification under penalty of perjury that the inl'orination
provided is true and correct to the best knowledge of the applicant. In-
formation submitted in support of a direct loan request shall be accepted
on an ""over-the-counter" basis as long as funds remain available. In or-
der for a request for a direct loan to be considered for further processing,
the applicant shall submit the following information:
(a) A description of the project, including: number of child care spaces
to be created or preserved by the proposed project: number of proposed
jobs to be created by the project; identification of whether the project is
located in an urban or airal area; and identification of which priorities set
forth in section 8254, subdivisions (a) and (b) shall be met by the project.
(b) Applicant business information including: name of business, mail-
ing address, telephone numbers, contact person, federal tax identification
number, date business was established, and form of business organiza-
tion.
(c) Loan information including: requested loan amount and term, re-
quested use of funds, and a description of collateral offered to secure re-
payment of the loan.
(d) Facility information including: name of facility, address of facility,
number of years at that location, and ownership/rental data for facility.
(e) Name, address, telephone number, title and percent of ownership,
as applicable, for principals of the business.
(f) Business banking and financial contact information.
(g) Credit history for the business and principals of the business re-
garding bankruptcies, judgments, liens, foreclosures, repossessions,
criminal penalties, and potential financial liabilities that could become
due and payable during the loan term, as applicable.
(h) Description of all sources and uses of funding for the project.
(i) Completed environmental survey. After review of the survey, the
department or its contractor may request additional information concern-
ing the project if it appears that hazardous materials may be present in,
on, under, or around the project or project site.
(j) A signed and dated copy of business financial statements, including
all schedules, for the last three (3) operating years and signed and dated
current business financial statements, including all schedules, dated
within ninety (90) days of the date the loan apphcation is filed.
(k) Signed and dated complete copies of business federal tax returns
for the last three (3) years, including all schedules.
(/) A copy of the most recent business formation documents (articles
and by-laws for corporations, and partnership agreement for partner-
ships).
(m) A corporate or governing body resolution granting authority to ap-
ply for direct loan funds.
(n) A signed and dated current personal financial statement and signed
and dated complete copy of the most recent federal tax return, including
all schedules, for each owner that owns twenty percent (20%) or more of
the business, and for each guarantor.
(0) Signed and dated two (2) years of financial projections for the ap-
plicant's business.
(p) Evidence that the applicant has site control where the project will
be undertaken. Evidence of control shall be demonstrated by submittal
of one of the following:
( 1 ) In the case of fee ownership, a certified copy of a recorded grant
deed showing ownership in the name of the applicant;
(2) In the case of an option to purchase, a certified copy of an option
agreement granting an option to purchase the facility to the applicant; or
(3) In the case of a lease, a copy of the lease agreement between the
applicant and the owner with a term, including any permitted extensions
or renewals, at least equal to the term of the requested loan plus one year,
and containing a provision permitting the applicant to make physical
changes to the property and improvements as contemplated by the proj-
ect.
(q) If the applicant will be pledging any other real property as security
for repayment of the direct loan, a certified copy of the grant deed for that
property.
(r) A copy of the current child care license, application for a license,
or amendment to a license, and any other business licenses related to the
operation of the facility, including a fictitious name filing, if applicable.
Upon receipt and review of the information submitted in support of a
direct loan request, the department or its contractor may require the appli-
cant to submit additional information to determine the applicant's credit-
worthiness and the eligibility of all project costs.
NOTF.: Aiithoriiy cited: .Section 8277.6(g). Education Code. Reference: Sections
^2n.5{e), 8277'6(L-i) and (g). Education^Code.
History
1 . New section filed 4-16-99 as an emergency: operative 4-1 6-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-1 3-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency: operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 oreniergeney language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section i 1346.1(g) (Register 2000,
No. 9).
4. New section filed 2-2-2001: operative 2-2-2001 pursuant to Govemmenl
Code section 1 1343.4(c) (Register 2001. No. 5).
§ 8270. Application Processing and Evaluation.
(a) Within ten (10) working days of receipt of an application for a di-
rect loan, the department or its contractor shall provide the applicant with
written notice as to whether the applicant and proposed project are eligi-
ble to receive a direct loan, and whether the application is sufficiently
complete to allow further processing. If the applicant or project is ineligi-
ble, or if the application is incomplete, the notice shall specify the steps,
if any. the applicant may take to correct the identified deficiencies
(b) Within sixty (60) working days of notifying an applicant that an ap-
plication is complete and has been accepted for further processing, the
department or its contractor shall render a written decision on the applica-
tion.
(c) The department or its contractor shall approve a direct loan applica-
tion when it finds that all of the following requirements have been met:
(1) The applicant and the project are eligible;
(2) All costs to be funded with direct loan proceeds are eligible costs;
(3) The project is in accordance with the threshold and priority criteria
set forth in section 8254;
(4) The business to be assisted using direct loan funds is creditworthy;
(5) Repayment of the loan is secured by reasonably available collateral
which may include, but shall not be limited to. a deed of trust on the prop-
erty assisted with the direct loan and the personal guaranties of any share-
holders or partners;
(6) The total of all funds available to the project are sufficient to ac-
complish the project; and
(7) Sufficient funds remain available in the Direct Loan Fund to fully
fund the loan.
(d) As part of its approval, the department or its contractor may place
conditions on a loan to insure that the requirements of this subchapter are
met.
(e) If the written decision required by subsection (a) above is to deny
the application, the written decision shall include an explanation of the
reason for denial.
NOTE: Authority cited: Section 8277.6(g), Education Code. Reference: Sections
8277.5(e), 8277.6(b) and (g). Education Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99,
No. 16). A Certificate of Compliance must be transmitted to OAL by 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
Page 496.116
Register 2001, No. 5; 2-2-2001
Title 25
Department of Housing and Community Development Programs
ij 8273
2-l()-2()()() oi' emergency language will be repealed by operation of law on the
following (lay.
3. Repealed bv operation of Government Code section 1 1346.1(a) (Register 2000.
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code .section 1 1 343.4(c) (Reeisler 2001 . No. 5).
§ 8271. Legal Documents.
(a) As a condition of receiving a direct loan, a successful applicant
shall be required to enter into a loan atrreeiTient with the department or
its contractor. The loan agreenienl shall require the applicant to execute
a protiiissory note in favor of the department or its contractor in the prin-
cipal amount of (he direct loan, and to provide the loan security docu-
ments specified in the loan agreemenl for the benefit of the departirient
or its contractor. The promissory note shall provide that a default under
the loan agreement shall be a default under the promissory note.
(b) The loan agreement shall contaiti the following terms and condi-
tions:
( 1 ) Interest rate of the loan;
(2) Term of the loan;
(3) Atnortization schedule:
(4) Description ol' the project and a time frame for cotnpletion, and a
provision that if the work is not completed by the cotnpletion date .set
I'orth in the construction contract, the loan will be in default unless an ex-
tension ol" time is given in writing by the departtnent or its contractor:
(5) Description of security for the loan;
(6) Description of the documents to be provided by the applicant to se-
cure repayment of the loan (e.g., promissory note, deed of tatst, security
agreemenl, fixture filing, UCC-I );
(7) A borrower covenant to require the borrower to maintain a current,
valid child care license for the facility during the term of the direct loan;
(S) A borrower covenant that the borrower shall provide child care and
development services of the priority type identified in the borrower's ap-
plication at the facility for which the loan was made, unless the depart-
ment has approved, in writing, provision of child care and development
services of a different type, for the lesser of twenty (20) years or the term
of the direct loan, unless the borrower is a fatnily child care provider tem-
porarily ceasing providing child are and development services and com-
plying with section 827l(b)(10);
(9) A borrower covenant that the borrower shall notify the department
or its contractor within fourteen (14) calendar days of the cessation of
child care and developtnent services in the facility for which the direct
loan was made ("cessation notice");
(10) A borrower covenant for family child care provider borrowers
only, that in the event the borrower: (i) ceases to provide services; (ii) re-
tains its license; and (iii) intends to resume child care and development
services, the cessation notice shall include: (i) the reasons for the inter-
ruption in services; and (ii) a date for resuming services. The borrower
may amend the resumption of services date declared in the cessation no-
tice by submitting an amended cessation notice to the lender and the de-
partment or its contractor. The covenant shall also include that any cessa-
tion of services exceeding three years from the date of the initial cessation
notice shall constitute a default of the loan;
( 1 1 ) A requirement that the borrower maintain appropriate insurance
on the facility during the term of the direct loan naming the departtnent
or its contractor as an additional loss payee and in an amount sufficient
to repay the direct loan;
( 1 2) A list of the acts and omissions that shall constitute a default or
breach under the loan agreement, and the department's or contractor's
remedies in the event of default or breach. The submittal of information
in support of an application for a direct loan which was or has become
untrue, shall constitute a default or breach under the loan agreement and
promissory note;
( 1 3 ) A borrower covenant providing that, with the exception of a fami-
ly child care provider temporarily ceasing to provide services in com-
pliance with section 8271(b)( 10), failure by the borrower to continue op-
eration of the licensed facility assisted with the direct loan for child care
and development shall constitute a default or breach under the loan
agreement; and
(14) Any other terms or conditions required by the department or its
contractor which are reasonably necessary to insure cotnpliance of the
particular facility and applicant with the requirements of this subchapter
and to protect the interests of the Stale.
NOTF:: Authority cited: Section 8277.6(g). Education Code. Rclerencc: Sections
8277. .'i(c), 8277'6(b) and (g), Eiducation^Codc.
HlS'lORY
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted toOALby 10-13-99
pursuant to Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative ) 0-1 3-99 (Register
99. No. 40). A Ceilitlcate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation t)l law on the
following day.
3. Repealed by operation of Government Code .section I 1 346. 1 (g) ( Register 2000.
No. 9).
4. New section filed 2-2-2001; operative 2-2-2001 pursuant to Government
Code section 1 1.343.4(c) (Register 2001, No. 5).
§ 8272. Fees.
Ifthe department utilizes a contractor to administer the direct loan pi\)-
gram, the department authorizes the contractor to charge the applicant the
following fees:
(a) At the time of loan application, a nonrefundable application fee not
to exceed two hundred fifty dollar (.$250.00).
(b) At the time a direct loan is closed and funded, a loan origination
fee not to exceed one percent ( 1*^^-^) of the principal amount of the direct
loan.
NOTE: Authority cited: Section 8277.6(g). Education Code. Reference: Scctit)ns
8277.5(e)(3) and 8277.6(g), Education Code.
History
1. New section filed 4-16-99 as an emergency; operative 4-16-99 (Register 99.
No. 16). A Certificate of Compliance must be transmitted to OAL by 1 0-1 3-99
pursuant lo Education Code section 8277.6 or emergency language will be re-
pealed by operation of law on the following day.
2. New section refiled 10-1-99 as an emergency; operative 10-13-99 (Register
99, No. 40). A Certificate of Compliance must be transmitted to OAL by
2-10-2000 or emergency language will be repealed by operation of law on the
following day.
3. Repealed bv operation of Government Code section 1 1 346. Kg) ( Register 2()()().
No. 9).
4. New section tiled 2-2-2001; operative 2-2-2()()l pursuant to Govemment
Code section 1 1343.4(c) (Register 2001. No. 5).
Article 5.
Microenterprise Assistance
Program
§ 8273. Purpose.
(a) The purpose of the microenterprise assistance program shall be to
make child care facility assistance more efficiently and effectively avail-
able to family child care homes serving more than six (6) children by us-
ing intermediaries experienced in serving microenterprises. A fatnily
child care home provider serving more than six (6) children may apply
for assistance under the guaranty program, the direct loan program and/or
this microenterprise assistance program.
(b) The department shall set aside not more than fifteen percent ( 1 5'/( )
from the allocation of funds to the Direct Loan Fund (the "Microenter-
prise Set Aside") for the purpose of funding the microenterprise assis-
tance progratn.
NOTE: Authority cited: Section 8277.6(g). Education Code. Reference: Section
8277.6(h), Educafion Code.
History
1 . New article 5 (section 8273) and section filed 4- 1 6-99 as an emergency: opera-
tive 4-16-99 (Register 99, No. 16). A Certificate of Compliance must be trans-
mitted to OAL by 10-13-99 pursuant to Education Code section 8277.6 or
emergency language will be repealed by operation of law on the following day.
2. New article 5 (section 8273) and section refiled 10-1-99 as an emergency; op-
erative ]0-[3-99 (Register 99, No. 40). A Certificate of Compliance must be
transmitted to OAL by 2-10-2000 or emergency language will be repealed by
operation of law on the following day.
Page 496.117
Register 2003, No. 40; 10-3-200.1
S 8300
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
3. Repeal ofaitiele 5 (seetion 8273) and seetion by operation ol'Govemiiient Code
seelion 11 346. Kg) (Regisler 2000. No. 9).
4. New ailiele 5 (seetion 8273) and seetion filed 2-2-2001; operative 2-2-2001
pursuant to Govemiiient Code seelion 1 1343.4te> (Register 2001. No. ,'^).
Subchapter 19. Uniform Multifamily
Regulations
§ 8300. Purpose and Scope.
(a) These regulations provide Liniform standards and program rules for
multifaniily rental housing developments assisted by the Department of
Housing and Community Development. When expressly incorporated
by reference, some or all of the provisions of this Chapter shall apply to:
the Joe Sema Junior Farmworker Grant (JSJFWHG) Program (Chapter
7. subchapter 3, conmiencing with Section 7200); the Multifamily Hous-
ing Program (MHP) (Chapter 7, subchapter 4. commencing with Section
7300); and the HOME Investment Partnerships (HOME) Program
(Chapter 7, subchapter 1 7. commencing with Section 8200). These regu-
lations interpret and make specific the following Health and Safety Code
Division 31. Part 2 statutes applicable to these programs: Chapter 2
(commencing with Section 50517.3); Chapter 16 (commencing with
Section 50896), and Chapter 6.7 (commencing with Section 50675).
(b) These regulations establish terms, conditions and procedures for
funds awarded after the effective date of these regulations.
NCJTI;: Authority cited; Sections 50406(n), 50517.5(a)(1), 50517.5(a)(2),
.S0675.l(e), 50675.11 and 50896.3(b), Health and Safety Code, [■ieterence:
,'i()517.5, 50675, 50896, 50896.1 and 50896.3, Health and Safety Code; and 24
CFR part 92.
History
1, New subchapter 19 (sections 8300-8316) and section filed 9-29-2003; opera-
tive 9-29-2003 pursuant to Government Code seetion 1 1 343.4 (Reeister 2003.
No. 40).
§8301. Definitions.
The following definitions govern this subchapter.
(a) "Assisted Unit" means a Unit that is subject to the Program's rent
andybr occupancy restrictions as a result of the financial assistance pro-
vided by the Program, as specified in the Regulatory Agreement.
(b) "CalHFA" means the California Housing Finance Agency.
(c) "Commercial Space" rneans any nonresidential space located in or
on the property of a Rental Housing Development that is, or is proposed
to be, rented or leased by the owner of the Project, the income from which
shall be included in Operating Income.
(d) "CPI" means the Consumer Price hidex for All Urban Consumers,
West Region, All Items, as published by the Bureau of Labor Statistics,
United States Department of Labor.
(e) "Debt Service Coverage Ratio" means the ratio of ( 1 ) Operating In-
come less the sum of Operating Expenses and required reserves to (2)
debt service payments, excluding voluntary prepayments and non-man-
datory debt service. In calculating Debt Service Coverage Ratio, the De-
partment may include all Operating Income, and may exclude Operating
Income that cannot be reasonably underwritten by lenders making amor-
tized loans.
(f) "Department" means the Department of Housing and Community
Development.
(g) "'Developer Fee" means the same as the definition of that term in
California Code of Regulations, Title 4, Section 10302.
(h) "Di.stributions" means the amount of cash or other benefits re-
ceived from the operation of a Rental Housing Development and avail-
able to be distributed pursuant to Section 83 14 to the Sponsor or any party
having a beneficial interest in the Sponsor or the Project, after payment
of all due and outstanding obligations incurred in connection with the
Rental Housing Development. Distributions do not include paynienis
for: deferred Developer Fee up to the limit set forth in Sections 83 1 2, ap-
proved partnership and asset management fees, mandatory debt service,
approved reserve accounts established to prevent tenant displacement re-
sulting from the termination of rent subsidies, operations, maintenance.
payments to required reserve accounts, land lease payrnents to parties
that do not have a beneficial interest in the Sponsor entity, or payments
for property management or other services as set forth in the Regulatory
Agreement for the Rental Housing Development.
(i) "Eligible Households" for MHP means "eligible household" as de-
fined in Section 7301. for HOME this term means the same as "low in-
come families" as defined in 24 CFR 92.2, atid for JSJFWHG this term
ineans the same as "agricultural household" as defined in Section 7202.
(j) "Operating Expenses" means the amount approved by the Depart-
ment that is necessary to pay for the recuiring expenses oi' the Project,
such as utilities, maintenance, management, taxes, licenses, and the cost
of on-site supportive services coordination, but not including debt ser-
vice, required reserve account deposits, or other supportive services
costs.
(k) "Opeiaiing Income" means all income generated in connection
with operation of the Rental Housing Development including rental in-
come for Assisted Units and non-Assisted Units, rental income for Com-
mercial Space, laundry and equipment rental fees, rental subsidy pay-
ments, and interest on any accounts, other than approved reserve
accounts, related to the Rental Housing Development. "Operating In-
come" does not include security and equipment deposits, payments to the
Sponsor for supportive services (except for funds applied towards the
cost of on-site supportive service coordination), or tax benefits received
by the Sponsor.
(/) "Program" means the Department funding program or programs
providing assistance to the Project.
(m) "Project" means a Retital Housing Development, and includes the
development, the construction or rehabilitation, and the operation there-
of, and the financing structure and all agreements and documentation ap-
proved in connection therewith.
(n) "Regulatory Agreement" means the written agreement between
the Department and the Sponsor that will be recorded as a lien on the
Rental Housing Development to control the use and maintenance of the
Project, including restricting the rent and occupancy of the Assisted
Units.
(o) "Rental Housing Development" rneans a structure or set of struc-
tures with common financing, ownership, and management and which
collectively contains 5 or more Units (except that HOME projects may
contain fewer than 5 Units.). "Rental Housing Development" does not in-
clude any "health facility" as defined by Section 1250 of the Health and
Safety Code or any "alcoholism or drug abuse recovery or treatment fa-
cility" as defined by Section 11834.02 of the Health and Safety Code.
Where a Rental Housing Development is located on non-contiguous par-
cels, all of the parcels shall be governed by similar tenant selection crite-
ria, serve similar tenant populations and have similar rent and income re-
strictions.
(p) "Restricted Unif ' means any Assisted Unit and any Unit that is sub-
ject to Rent and occupancy restrictions that are comparable to those ap-
plicable to Assisted Units. Restricted Units include Units subject to a
TCAC regulatory agreement, and all Units subject to similar long-term,
low-income or occupancy restrictions imposed by other public agencies.
(q) "Rural Area" means the same as defined in Section 501 99.21 of the
Health and Safety Code.
(r) "Sponsor" means the legal entity or combination of legal entities
with continuing control of the Rental Housing Development. Where the
borrowing entity is or will be organized as a limited partnership. Sponsor
includes the general partner or general partners who have effective con-
trol over the operation of the partnership, or, if the general partner is con-
trolled by another entity, the controlling entity. Sponsor does not include
the seller of the property to be developed as the Project, unless the seller
will retain control of the Project for the period of lime necessary to ensure
Project feasibility as determined by the Department.
(s) "TCAC" means the California Tax Credit Allocation Committee.
(t) "Transitional Housing" means a Rental Housing Development op-
erating under programmatic constraints that require the termination of
assistance after a specified time or event, in no case less than 6 months
Page 496.118
Register 2(X)3, No. 40; 10-3-2(X)3
Title 25
Department of Housing and Community Development Programs
§ 8305
alicr initial occupancy, and the re-icnliiig ol'tlic Assisted Unit to another
eligible participant.
(LI) "Unit" means a residential Unit that is used as a primary residence
hy its occupants, including elTiciency Units, residential hotel units, and
units used as Transitional Housing.
NOTI:. Aiilhoniv cited: Sections .S()4()6(n). .^O.Sl 7..S(u)(l ). ,S()517..'S(a)(.'^).
.S()67.^. 1(e). 5()615.\ 1 , 5(.mh. ](a) and 508%. .^(b). Health and Safetv Code. Refer-
ence: Sections .50.5 17. .5. 5067.S. .5067.5. 1(e). 50675.2 and 508%. 1(a). Health and
Safety Code: and 24 CFR part 92.
History
I. New section filed '■)-29-200.^: operative 9-29-200.^ pursuant to Governnient
Code section 1 1.^4.^.4 (Regi.ster 200.'^. No. 40).
§ 8302. Restrictions on Demolition.
Proposed projects involving new construction and I'cquiring the de-
molition of existing residential Units are eligible only if the number of
bedrooms in the new Project is at least equal to the total number of bed-
rooms in the demolished structures. The new Units may exist on separate
parcels provided all parcels are pan ofthe same Rental Housing Develop-
ment (with common ownership, financing and management).
Noit:: Aulhoriiv cited: Sections 50406(n). 50517.5(a)(1), 50517.5(a)(3),
50675. Kc). 5067.5. 1 1 . 50896. 1 (a) and 50896..3(b). Health and Safetv Code. Refer-
ence: Sections .5()517.5(a)( 1). 50517.5(d)(.3), 50675.4. .50675.7 and 50896.1(a).
Health and Safety Code: and 24 CFR Section 92.353(a).
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 8303. Site Control Requirements.
At the lime of application, a sponsor must have site control of the of
the proposed Project properly, in the name of the Sponsor or an entity
controlled by ihe Sponsor, by one of the following means:
(a) fee title;
(b) a leasehold interest on the Project property with provisions that en-
able the lessee to inake improvements on and encumber the property pro-
vided that the terms and conditions of any proposed lease shall permit,
prior to loan closing, compliance with all Program requirements, includ-
ing compliance with Section 8316;
(c) an enforceable option to purchase or lease which shall extend
through the anticipated date of the Program award as specified in the No-
tice of Funding Availability;
(d) a disposition and development agreement with a public agency;
(e) an agreement with a public agency that gives the Sponsor exclusive
rights to negotiate with that agency for acquisition of the site, provided
that the major terms of the acquisition have been agreed to by both par-
ties; or
( 0 a land sales contract, or other enforceable agreement for the ac-
quisition of the property.
NOTE: Authority cited: Sections 50406(n), 50517.5(a)(1), 50517.5(a)(3),
50675.1(e). .5067.5.1 1,50896. 1(a) and .50896.3(b), Health and .Safety Code. Refer-
ence: Sections 5051 7.5(d)(4)(A). 50675.6, .50675.7(e)(3) and 5()896.](a), Health
and Safety Code; 42 U.S.C. Section 53()4(b); and 24 CFR Section 92.35(a).
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 11 343.4 (Register 2003, No. 40).
§ 8304. Unit Standards.
(a) Restricted Units shall not differ substantially in size or amenity lev-
el from non-Restricted Units with the saine number of bedrooms, and
Units shall not differ in size or ainenity level on the basis of income-level
restrictions. Restricted Units shall not be segregated from non-Re-
stricted Units, and Units shall not be segregated from each other on the
basis of income-level restrictions. Within these limits. Sponsors may
change the designation of a particular Unit from Assisted to non-As-
sisted or from one income-restriction to another over time. For Projects
involving rehabilitation or conversion, the Department may permit cer-
tain Units to be designated as exclusively market-rate Units where nec-
essary for fiscal integrity and where all other Program requirements are
satisfied.
(b) For the full loan term, the number, size, type, and amenity level of
Assisted Units shall not be fewer than the number nor dilTerent from the
size, type and amenity level described in the Regulatory Agreement.
(c) For projects assisted by MHP, the number of Assisted Units shall
equal the number of Restricted Units to the extent allowed by the require-
ments of Article XXXIV of the California Constitution.
Note^: Authority cited: Sections 5()406(n). 50517.5(a)(1). 505 I7.5(a)( 3).
50675. 1 (c), 50675. 1 1 , 50896. 1 (a) and 5()896.3(b). Health and Safety Code. Ketei -
ence: Sections 50517.5(d)(4)(A), 505 17.5(d)(5). 50517.5(0(2). 50675.1(0.
50675.2(h). .50675.7. 50675.8 and 50896.1(a). Health and .Safetv Code: and 24
CFR Sections 92.252(e) and 92.504(c).
History
1. New section tiled 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1.343.4 (Register 2003. No. 40).
§ 8305. Tenant Selection.
(a) Sponsors shall select only Eligible Households as tenants of vacant
Assisted Units, using procedures approved by the Department that in-
clude:
( 1 ) reasonable criteria for selection or rejeclion of tenant applications
which shall not discriminate in violation of any federal, state or k)cal law
governing discrimination, or any other arbitrary factor;
(2) prohibition of local residency requirements;
(3) prohibition of local residency preferences, except where accompa-
nied by an equal preference for employment in the local area and applied
to areas not smaller than municipal jurisdictions or recognized communi-
ties within unincorporated areas;
(4) tenant selection procedures that include the following components,
and that are available to prospective tenants upon request:
(A) selection of tenants based on order of application, lottery or other
reasonable method approved by the Department;
(B) notification to tenant applicants of eligibility for residency and,
based on turnover history for Units in the Rental Housing Development,
the approximate date when a Unit may be available;
(C) notification of tenant applicants who are found ineligible to
occupy an Assisted Unitof their ineligibility and the reason for the ineli-
gibility, and of their right to appeal this determination;
(D) maintenance of a waiting list of applicant households eligible to
occupy Assisted Units and Units designated for various tenant income
levels, which shall be made available to prospective tenants upon re-
quest;
(E) targeting specific special needs populations in accordance with the
Regulatory Agreement and applicable laws; and
(F) affirmative fair housing marketing procedures as specified in the
Affirmative Fair Housing Marketing Plan Coinpliance Regulations of
the United States Department of Housing and Urban Development, (24)
CFR part 200.620(a)-(c), or similar affirmative fair marketing housing
plan as approved by the Department.
(b) Sponsors shall rent vacant units to households with no less than the
number of people specified in the following schedule:
Unit SUe
SRO
0-BR
1-BR
2-BR
3-BR
4-BR
5-BR
Mininnini Number ol' Persons in fiouselmld
1
1
1
2
4
6
8
A Sponsor may assign tenant households to Units of sizes other than
those indicated as appropriate in the table above if the Sponsor reason-
ably determines that special circumstances warrant such an assignment
and the reasons are documented in the tenant's file. The Sponsor's deter-
mination is subject to approval by the Department. Through the Project's
tenant selection or management plan, a sponsor may receive advance De-
partment approval of categorical exceptions to the above schedule.
Note: Authority cited: Sections 50406(n). 50517. 5(a)(] ), 50517.5(a)(3),
50675. 1 (c), 50675. 1 1 , 50896. 1 (a) and 50H96.3(b), Health and Safety Code. Refer-
ence: Sections 50517.5(a)(1), .50517.5(d)(3). 50517.5(d)(5), .50517.5(e)(2),
.50675.1(c), 50675.8(a)( 1 ) and 50896.1(a), Health and Safetv Code; and 24 CFR
Sections 92.303, 92.3.50 and 92.351.
Page 496.119
Register 2003, No. 40; 10-3-2003
§ 8306
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
New section filed 9-29-2003; operative 9-29-2003 pursuant to Govevnnient
Code section I 1343.4 (Register 2003, No. 40).
§ 8306. Tenant Recertification.
(a) The Sponsor shall annually reccriily household size and income for
Assisted Units.
(b) If at the time of recertification. a tenant's household size has
changed and no longer meets the occupancy standards pursuant to the
previous section, the Sponsor may require the tenant household to move
to the next available appropriately sized Unit.
NOTH; Authority cited: Sections 50406(n). 50517.5(a)(1), 50517.5(a)(3),
50675.1(e), 50675.1 1.50896. 1(a) and 50896.3(b), Health and Safety Code. Refer-
ence: Sections 50517.5(a)(1), 50517.5(d)(3). 50517.5(d)(5). 50517.5(e)(2).
50675. 1(c). 50675. 8(a)( 1 ) and 50896. 1(a). Health and Safety Code, and 24 CFR
Sections 92.303. 92.350 and 92.351.
History
1. New section filed 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 11 343.4 (Reeister 2003. No. 40).
§ 8307. Rental Agreement and Grievance Procedure.
(a) All rental or occupancy agreements for Assisted Units are subject
to Department approval and shall include:
( 1 ) provisions requiring good cause for termination of tenancy. One
or more of the following constitutes "good cause":
(A) failure by the tenant to maintain applicable eligibility require-
ments under the Program or other eligibility requirements as approved by
the Department;
( B) material noncompliance by the tenant with the lease, including one
or more substantial violations of the lease or habitual minor violations ol'
the lease which:
(i) adversely affect the health and safety of any person or the right of
any tenant to the quiet enjoyment of the leased premises and related Proj-
ect facilities;
(ii) substantially interfere with the management, maintenance, or op-
eration of the Rental Housing Development; or
(iii) result from the failure or refusal to pay, in a timely fashion. Rent
or other permitted charges when due. Failure or refusal to pay in a timely
fashion is a minor violation if payment is made during the 3-day notice
period;
(C) material failure by the tenant to carry out obligations under federal,
state or local law;
(D) subletting by the tenant of all or any portion of the Assisted Unit;
(H) any other action or conduct of the tenant constituting significant
problems which can be reasonably resolved only by eviction of the ten-
ant, provided that the Sponsor has previously notified the tenant that the
conduct or action in question would be considered cause for eviction. Ex-
amples of action or conduct in this category include the refusal of a ten-
ant, after written notice, to accept reasonable rules or any reasonable
changes in the lease or the refusal to recertify income or household size;
or
(F^) for Transitional Housing, the end of the maximum term prescribed
for tenant occupancy by the Program operated in a particular Transitional
Housing Project.
(2) a provision requiring that the facts constituting the grounds for any
eviction be set forth in the notice provided to the tenant pursuant to state
law;
(3) notice of grievance procedures for hearing complaints of tenants
and appeal of management action; and
(4) a requirement that the tenant annually recertify household income
and size.
(b) The Sponsor shall adopt an appeal and grievance procedure to re-
solve grievances filed by tenants and appeals of actions taken by Spon-
sors with respect to tenants' occupancy in the Rental Housing Develop-
ment, and prospective tenants' applications for occupancy. The
Sponsor's appeal and grievance procedure shall be subject to Department
approval and, at a minimum, shall include the following:
( 1 ) a requirement for delivery to each tenant and applicant of a written
copy of the appeal and grievance procedure;
(2) procedures for informal dispute resolution;
(3) a right to a hearing before an impartial body, which shall consist
of one or more persons with the power to render a final decision on the
appeal or grievance: and
(4) procedures for the conduct of an appeal or grievance hearing and
the appointment of an iinpartial hearing body.
(c) Neither utilization of. nor participation in any of the appeal and
grievance procedures shall constitute a waiver o{' or affect the rights of
the tenant, prospective tenant, or Sponsor to a trial de novo or judicial re-
view in any judicial proceeding which may thereafter be brought in the
matter.
(d) This section shall not be construed to pre-empt or supercede re-
quirements established by local government which further limit good
cause for eviction.
NOTE: Authority cited: Sections 50406(n), 50517.5(a)(1), 50517.5(a)(3).
50675. 1 (c ). 50675. 1 1 . 50896. 1 (a) and 50896.3(b). Health and Safetv Code. Refer-
ence: Sections 50517.5(d)(3). 50517.5(d)(5), 50517.5(e)(2), 50675.8(a)(1),
50675. 8(a)(2) and 50896.1(a), HeaUh and Safety Code: and 24 CFR Sections
92.253 and 92. .303.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 40).
§ 8308. Operating Reserves.
The Sponsor shall establish an operating reserve for the purpose of de-
fraying potential operating shortfalls arising from unforeseen circum-
stances, beyond the rent-up period.
(a) Withdrawals from the operating reserve shall require prior written
approval of the Department. Should the Department fail to take action on
a request for an eligible withdrawal from the operating reserve within 30
days from documented receipt of the request, that request shall be
deemed approved.
(b) The initial deposit to the operating reserve shall be funded from de-
velopment funding sources in an amount determined by the Department,
which shall be not less than the total of the following: 4 months of proj-
ected Operating Expenses (excluding the cost of on-site supportive ser-
vices coordination), 4 months of required replacement reserve deposits,
and 4 months of non-contingent debt service. For projects with tax cred-
its, the requirement shall be 3 months of these items. In setting the initial
funding requirement, the Department shall consider factors including,
but not limited to the projected level of Project cash flow, the adequacy
of the operating budget. Project location, local market characteristics, the
number of sites, and Project design.
(c) Sponsor shall fully replace any withdrawals from the Operating
Reserve using available cash flow prior to use of any cash flow to pay def-
erred Developer Fee, partnership management or similar fees, or Dis-
tributions.
(d) Upon occurrence of both of the following events, the Department
may reduce the required minimum balance: (i) operation at a debt service
coverage ratio of 1 . 1 5 or greater for 5 years; and (ii) operation at an Oper-
ating Expense coverage ratio of 1 .08, where Operating Expense ratio is
defined to equal effective gross income, less required replacement re-
•serve deposits and non-contingent debt .service, divided by total Operat-
ing Expenses, not including the approved cost of supportive services
coordination.
(e) The Department may agree with other financing sources to allocate
authority regarding amounts deposited into or withdrawn from the Oper-
ating Reserve, where the Department determines that such arrangement
would not jeopardize the fiscal integrity of the Project and the minimum
reserve requirements would be maintained. For Projects subject to the
HUD Section 81 1 and 202 programs or receiving a permanent loan from
CalHFA. the Department may also defer to the operating reserve require-
ments of these agencies during the time such projects are regulated by
HUD or CalHFA. and not require deposits in the amounts specified in
subsection (b).
Page 496.120
Register 2003, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
5J83I1
(1) Where all Projeei developmenl rmiding sourees arc legally pre-
eluded iVom using their funds to eapilali/e the operating reserve as re-
quired hy subseetion (b), the Sponsor may fund this aeeount out ol'Oper-
aling Ineome, provided that eash How is suffieient to reasonably ensure
that the required balance can be accuinulaied within six years of initial
occupancy.
Noif:: Aulhorilv ciled: Seciions .'S()4()6(n). 5051 7.5(a)( 1 ). 50517. 5(ii)(3).
50675. 1(c). 50675. 1 1 . 50846. 1 (a) and 5()896.3(b). Health and Satelv Code. Refer-
ence: Sections 50517.5, .50675. 5(liK8) and 508%. 1(a), Health and Safety Code.
Hl.SlOkY
1. New section filed 9-29-200.3; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
?5 8309. Replacement Reserves.
The Sponsor shall establish a replacement reserve for the purpose of
defraying the cost of infrequent major repairs and replacement of build-
ing components that are too costly to be absorbed by the Project's annual
operating budget.
(a) Withdrawals from the replacement reserve shall require prior wril-
teti approval of the Department. Should the Departtnent fail to take actitin
on a request for an eligible withdrawal from the replacement reserve
within 30 days of docutiiented receipt of the request, that request shall be
deeined approved.
(b) The replacement reserve shall be funded from Operating Incotne
or a combination of Operating Income and development sources
( 1 ) For new construction or conversion Projects, the initial amount of
annual deposits to the replacetnent reserve account shall be equal to at
least ().6'7( of estimated construction costs associated with structures in
the Project, excluding construction contingency and general contractor
profit, overhead and general requirements, unless the Department ap-
proves a differeni amount based on the results of a third-party a reserve
study or other reliable indicators of the need for replacement reserve
funds over the term of the Program loan.
(2) For rehabilitation Projects, the initial amount of annual deposits to
the replacement reserve account shall be determined by the Department
based on the results of a ihird-pariy physical needs assessment or other
reliable indicators oi' the need for replacement reserve funds over the
term of the Program loan.
(3) The Department may periodically adjust the amount of required
deposits to the replacement reserve for a particular Project based on the
results of reserve studies or other reliable indicators of the need for re-
placement reserve funds over time.
(4) The Department may agree with other financing sources to allocate
authority regarding amounts deposited into or withdrawn from the re-
placement reserve, where the Department determines that such arrange-
ment would not jeopardize the fiscal integrity of the Project and the mini-
mum reserve requirements would be maintained. For Projects subject to
the HUD Section 81 1 and 202 programs or receiving a permanent loan
Irom CalHFA or the Rural Housing Service of the United States Depart-
tnent of Agriculture, the Department may also defer to the replacement
reserve requiretnents of these agencies during the time such projects are
regulated by HUD. CalHFA or the Rural Housing Service of the United
States Department of Agriculture.
NOTE: Authoritv cited: Sections 50406(n). 50517.5(a)(1), 50517.5(a)(3),
50675. 1(c). 50675. 1 1 . 50896. 1 (a) and 50896.3(b), Health and Safety Code. Refer-
ence: Sections 50517.5(d)(1), 50675.5(h)(8) and 5()896.1(a). Health and Safety
Code.
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§8310. Underwriting Standards.
In analyzing Project feasibility, the Department shall, at a minimum,
utilize the following assumptions and criteria;
(a) Residential vacancy rates shall be assumed to be 5%. unless a dif-
ferent figure is required by another funding source (including TCAC) or
supported by compelling market evidence.
(b) Vacancy rates for Commercial Space shall be assumed to be 50%.
(c) Total Operating Expenses (not including property taxes or the ajv
proved costs of on-site service coordination) shall not be less than those
specifically listed in California Code of Regulations. Title 4. Section
10327 as minimuiTi Operating Expenses (without the reduction allowed
by those regulations for bond-financed projects). The Department may
project higher Operating Expen.ses where warranted by the experience of
comparable properties and particular building characteristics, such as the
nature of the tenant population or the level of rehabilitation. Prior to loan
closing, the Department may approve total Operating Expenses thai aic
less than those specified in Section 10327. supra, only if the Project has
an extraordinary design feature, such as its own electrical generation sys-
tem, which results in a quantifiable operating cost savings as documented
by a qualified third party.
(d) All Operating Expenses, including property management lees,
shall be within the normal tnarket range, as periodically determined hy
the Department in surveys or based on costs observed in its portfolio.
(e) The first year Debt Service Coverage Ratio shall not be:
(1) less than 1.10:1 or
(2) greater than 1.20:1, except where projected cash How after debt
service and required reserve deposits is equal to or less than 12 percent
of operating expenses, or where a higher lirst year ratio is necessary to
meet either the requirements of subsection (h) orCalHFA's standard un-
derwriting requirements.
In applying the requirements of subsections (e)(1) and (e)(2), the
annual MHP Program loan payment of 0.429r will be considered debt
service. These requirement shall not apply to Projects funded under the
HUD Section 81 1 and 202 programs.
(f) Balloon payments are not allowed on senior debt, and are allowed
on junior debt during the term of the Program loan only where the Depart-
ment determines that the balloon payment will not jeopardize project fea-
sibility.
(g) Variable interest rate debt shall be underwritten at the ceiling inter-
est rate, unless the Department determines that using a lower interest rate
assumption will not jeopardize project feasibility.
(h) The Project must demonstrate a positive eash How for 1 .5 years, us-
ing income and expenses increase rate assumptions specified in Califor-
nia Code of Regulations, Title 4, Section 10327. If projected Project in-
come includes rental assistance or operating subsidy payments under a
renewable contract, the Department may assume that this contract will
be renewed, where the renewal of the rental assistance or operating subsi-
dy is likely.
(i) Reserved
(j) Where the Department is providing construction-period financing,
the minimum budgeted construction contingency shall he 5 percent of
construction costs for new construction projects and 10 percent of
construction costs for rehabilitation and conversion projects.
NOTE: Authoritv cited: Sections 50406(n), 50517.5(a)(1), 505 17.5(a)(3).
50675. 1 (e), 50675. ] 1 . 50896. 1 (a) and 50896.3(b), Health and Safety Code. Refer-
ence: Sections 50517.5(d)(2), 50517. 5(e)(2), 50675.7(b)(3) and 50896.1(a),
Health and Safety Code; and 24 CFR Section 92.252.
History
1. New section, including withdrawal from review of subsection (i), tiled
9-29-2003; operative 9-29-2003 pursuant to Government Code section
1 1343.4 (Register 2003, No. 40).
§ 831 1 . Limits on Development Costs.
(a) Project development costs must be reasonable compared to devel-
opment costs for other similar developinents of modest design in the gen-
eral area of the Project.
(b) Builder overhead, profit and general requirements shall be limited
in accordance with California Code of Regulations, Title 4, Section
10327,
(c) Property acquisition prices shall not exceed appraised value, ex-
cept where the increment above appraised value is fully covered by ju-
nior public agency financing that carries no mandatory debt service.
Page 496.121
Register 2003, No. 40; 10-3-2003
§ 8312
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) Proposed Project sites shall not require site development work that
is signiiicanlly more costly than that typical for other similar projects in
the local market area, unless either:
( 1 ) the proposed site acquisition cost together with the site develop-
meai costs are less than the cost of a typical site together with typical site
development costs in the Project's market area; or
(2) there are no other sites available in the market area with a lower
combined cost.
NOTE: Authority cited: Sections 50406(n). 3()517..S(a)( 1 ). 50517.3(a)(3).
50675. 1(c). 50675. 1 1. 50S96. 1(a) and 5()896.3(b). Health and Safety Code. Refer-
ence: Sections 50517.5(a)(1). 50517.5(c)(2), 50517.5(e)(2). 50675(a).
5()675,4(b)( 2), 5()675.4(c)( 1 ). 50675.5 and 508y6.( 1 )(a). Health and Safely Code.
History
1. New .section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 831 2. Developer Fee.
(a) Developer Fee shall not exceed the amount calculated in accor-
dance with subsections ( 1 ), (2) or (3) below, with the exception of LIHTC
Projects which shall also be subject to subsection (b). The per unit
amounts will be adjusted in thousand dollar increments in accordance
with changes in the CPI when, following the year 2000, the CPl has indi-
cated the next full thousand dollar increment has been reached.
( 1 ) For new constaiction Projects and Projects where the contract for
the rehabilitation work equals or exceeds $25,000 per unit:
(A) For the first 30 Units, $20,000 per Unit.
(B) For each Unit in excess of 30, $7,500 per Unit.
(2) For other Projects involving acquisition and rehabilitation where
the contract amount for the rehabilitation work, excluding contractor
profit and overhead, equals or exceeds $7,500 per Unit and is less that
$25,000 per unit:
(A) For the first 30 Units, $9,000 per Unit.
(B) For each Unit in excess of 30, $4,500 per Unit.
(3) For all other Projects, $2,000 per Unit.
(b) For LIHTC Projects, Developer Fee payments shall not exceed the
les.ser of $ 1 ,200,000 or the maximutn amount that may be included in eli-
gible basis pursuant to California Code of Regulations, Title 4, Section
10327. If the Developer Fee limit established pursuant to this subsection
exceeds that established in subsection (a) above, the difference shall be
deferred and payable from operating cash flow pursuant to Section
8314(a)(lKA).
(c) Deferred Developer Fee is payable out of cash flow pursuant to
Section 83 14. For LIHTC Projects, the amount of the deferred Developer
Fee is also subject to the limits on deferred developer fee in the TCAC
regulations and any applicable federal statutes or regulations.
(d) The dollar value of any capital contribution of funds or real proper-
ty tnade by the Sponsor or an affiliate, as approved by the Department,
for Project development costs shall increase the Developer Fee limit by
the dollar value of the capital contribution.
NOTE: Authority cited: Sections 50406(n), 50517.5(a)(1), 505 17, 5(a)(3),
50675. 1(e), 50675.1 l,.50896.1(a)and50896.3(b),Health and Safety Code. Refer-
ence: Sections 50517.5(a)(1), 50517.5(c)(2), 50517.5(e)(2), 50675.5(b)(5),
50675.8(a)(5) and 50896.1(a), Health and Safety Code.
History
]. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§8313. Reserved.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§ 8314. Use of Operating Cash Flow.
(a) Operating income remaining after payment of approved operating
expenses, reserve deposits and mandatory debt service shall be applied
in the following priority order:
(1) First, towards payinent of any:
(A) approved deferred Developer Fee, pursuant to Section 8312; and
(B) asset management, partnership management and similar fees, to
the extent such fees are specified under the terms of financing from a lo-
cal public entity and reasonable in cornparison to fees paid in other simi-
lar developinents in the Department's portfolio. Where there is no stan-
dard specified under local public entity financing, or there is no local
public entity financing, the Department shall allow the payment of asset
inanagement fees in an amount not to exceed $12,000 per year.
(2) Second. 50 percent to the Sponsor as Distributions and 50 percent
to the DepartiTient as payments on the Program loan.
(A) If the terins of other public agencies' financing also require pay-
menls from remaining cash flow, the Department may agree to share
what would otherwise be its 50 percent share of available cash flow with
the public agencies in ainounts proportional to the agencies' respective
loan amounts.
(B) To be consistent with the terms of other public agency loans, the
Departtnent may agree to set the percentage payable to the Sponsor at an
aiTiounl less than 50 percent.
(C) For projects with income from project-based Section 8 or similar
project-based rental assistance that is not underwritten by other Project
lenders, the Department may reduce the Sponsor's share to an amount
equivalent to the amount they would receive if one of the other lender's
loan ainount was based on an income stream that included the income
from the rental assistance.
(b) A Sponsor may not accumulate Distributions froin year to year. A
Sponsor may deposit all or a portion of permitted Distributions into a
Project account for distribution in subsequent years. These future Dis-
tributions shall not reduce the otherwise permitted Distribution in those
subsequent years.
(c) Payment of Distributions, deferred Developer Fee, asset manage-
ment fees, partnership management and similar fees shall be permitted
only after the Sponsor subinits a complete annual report and operating
budget, and the Department determines that the report and budget dem-
onstrate compliance with all Program requirements for the applicable
year. Circuinstances under which no Distributions, deferred Developer
Fee, asset inanagement fees or partnership management and similar fees
shall be paid include:
(1) when written notice of default has been issued by any entity with
an equitable or beneficial interest in the Project;
(2) when the Department determines that the Sponsor has failed to
comply with the Department's written notice of any reasonable require-
ment for proper maintenance or operation of the Rental Housing Devel-
opment or use of Project income;
(3) if all currently required debt service, including mandatory pay-
ments on the Program loan, and Operating Expenses have not been paid;
(4) if the replaceiTient reserve account, operating reserve account, or
any other reserve accounts are not fully funded pursuant to Sections 8308
and 8309 and the Regulatory Agreement.
(d) Distributions attributed to incoine from Commercial Space and
non-Restricted Units shall not be subject to limits pursuant to this sec-
tion.
NOTE: Authority cited: Sections 50406(n). 50517.5(a)(1). 50517.5(a)(3).
50675.1(e), 50675.1 1,. 50896. 1(a) and 50896.3(b), Health and Safety Code. Refer-
ence: Sections 50517.5(a)(1), 50517.5(c)(2), 50517.5(e)(2), 50675.8(a)(5),
50896.1(a), Health and Safety Code.
History
1. New section tiled 9-29-2003: operative 9-29-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 40).
§8315. Subordination Policy.
(a) The Department may execute and cause to be recorded a subordina-
tion agreement subordinating the Department's lien so long as the subor-
dination does not increase the Department's risk beyond that contem-
plated in the Program loan or grant commitment, as may be amended
from time to time, and so long as the subordination would further the in-
terest of the Program. However, and except for Projects assisted by the
U.S. Department of Housing and Urban Development under the Section
81 1 or Section 202 programs, the Departtnent shall not enter into a subor-
dination agreement or other agreement that contains any of the foUow-
ina:
Page 496.122
Register 2003, No. 40; 10-3-2003
Title 25
Department of Housing and Community Development Programs
§ 84(10
( 1 ) Any limilation of. orcondiiion on, ihc Depiirinieiil's exercise ofits
remedies including, bill nol limited issuing a notice of default based on
a breach under the Department's loan documents, including a default
based solely on a breach of the senior lienholder's documents.
(2) An agreement that the senior licnholder"s acceptance of a deed in
lieu of foreclosure would result in the senior lienholder taking title to the
Rental Housing Development free and clear of the Department's lien(s).
(3) An agreement permitting any modification or supplement of the se-
nior lienholder's lien without the prior written consent of the Department
except an agreement that permits a senior lienholder to make advances
to: (i) cure a default under a lien with a higher priority than the Depart-
ment's lien; (ii) pay delinquent taxes on the security property; (iii) pay
delinquent hazard or liability insurance premiums for the security prop-
erly: or (iv) to protect the health and safety of the tenants.
(4) An agreement that would require the Department to undertake
additional obligations to any parly.
(b) The Department's lien shall not be subordinated to the liens of a
local government lender unless the amount of the local government loans
is more than twice the amount of the Department's total assistance to the
Project (including both loans and grants).
(c) As used in this section:
( 1 ) ■■Department's lien" means a deed of trust, regulatory agreement,
or other agreement securing payment or performance under an award of
Program funds that has been recorded in the office of the recorder of the
county in which the Rental Housing Development is located.
(2) ■■Lien of a local government lender" means a recorded deed of trust
or covenant running with the land that afiects the maintenance, use, or
occupancy of Ihe Rental Housing Development.
NOTI,: Authority cited: Sections .S04()6(n), 50317. 5(a)( 1). .50.517.3(31(3).
50675.1(0). -50675.11 and 50896. 3(b). Health and Safely Code. Reference:
50517.5(d)(4)(D). 5()675(e), 50675. Kb). 50675.6(d). 50896, 50896.1 and
50896.3, Health and Safety Code.
History
I. New section filed 9-29-2003; operative 9-29-2003 pursuant to Governinent
Code section 1 1 343.4 (Register 2003. No, 40).
§ 8316. Leasehold Security.
(a) In any Project where the Sponsor proposes to control the Project
land through a long-term ground lease, either:
( 1 ) the Regulatory Agreement and other Program documents shall be
recorded against both the Sponsor's interest in the Project and the fee in-
terest in the land, and the lease shall have a term remaining at the time of
recordation at least equal to the term o\' the Program loan or grant: or
(2) if the Regulatory agreement and other Program documents are not
recorded against the Project's fee interest, the ground lease shall be sub-
ject to the Department's approval, must not be subject to any other mort-
gages on the fee interest, and shall contain, or be amended to contain, pro-
visions which:
(A) establish a remaining term of at least ninety (90) years from the
date the Department documents are recorded, provided that the Depart-
ment may accept a lesser term, not less than 65 years, when the lessor is
a public agency;
(B) ensure the validity of the lien of the Program loan and/or grant doc-
uments on the lease;
(C) ensure that the lease permits the Project to satisfy all Program re-
quirements and permit the Department to enforce the provisions of the
Program loan and/or grant without restriction;
( D) expressly consent to the lessee' s assignment of the lease to the De-
partment without further consent of the lessor, and permit the Depart-
ment, after acquisition of the leasehold property, to transfer or assign the
lease to a third party without consent of the lessor.
(E) provide that the lessor does not have the right to terminate the lease
or accelerate the rent upon lessee's breach without first giving the lessee
and the Department reasonable notice and opportunity to cure within a
reasonable period;
(F) provide that no termination, modification or amendment to any
terms of the lease shall be effective without the written consent of the De-
partment, and any attempt to take such actions would be void without the
Department's consent;
(G) require that, in the event of destruction of any improvements on
the land, neither the lessor nor the lessee shall terminate the lease if and
so long as the lessee or Department pursues reconstruction of the im-
provements with reasonable diligence:
(H) provide that the Department shall not have any liability for the per-
formance of any of the obligations of lessee under ihe lease until the De-
partment has acquired the leasehold interest, and then only in accordance
with the terms of the lea.se and only with respect to obligations that accrue
during the Department's ownership of the leasehold interest:
(I) provide (hat neither the lessor nor the lessee, in the event of bank-
ruptcy by either, will take the benefit of any provisions in the United
States Bankruptcy Code that would cause the termination o\' the lease t)r
otherwise render it unenforceable in accordance with its terms:
(J) provide that the leasehold interest will not merge into the fee in the
event that the lessee acquires the reversionary interest in the Project: and
(K) provide that acquisition of the leasehold property by the Depart-
ment will not result in a termination of the leasehold; and upon such
event, obligate the lessor to enter into a new lease having a term at least
as long as the term remaining on the lease prior to acquisition by the De-
partment and on substantially the same terms and conditions.
(b) Where the lessee and lessor are related or affiliated parties, the Pro-
gram loan and/or grant documents shall be recorded against both the
Sponsor's interest in the Project and the fee interest in the land.
(c) The Department may modify or waive the requirements o\' subpara-
graph (a)(2) where the lessor is a public agency that demonstrates thai it
is prohibited by law from meeting the requirements and the Department
determines that there remains adequate security for the Program loan.
NOTE: Authority cited: Sections 5()406(n). 50517.5(a)(1). 5051 7, 5(a)(3).
.50675.1(c), 50675.11 and 50896.3(b). Health and Safety Code. Retercncc:
50517.5(d)(4)(A). 50675.7. .50896.1 and 50896.3. Health and Safety Code.
History
1. New section filed 9-29-2003; operative 9-29-2003 pursuant tt) Government
Code section 1 1.343.4 (Register 2003. No. 40).
Subchapter 20. Federal Emergency Shelter
Grants Program
§ 8400. Purpose and Scope.
(a) These regulations establish procedures for the State administration
of federal funds from the Emergency Shelter Grants Program (the ■■ESG
program") and establish policies and procedures for use of these funds
to meet the purposes contained in Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S. C. sections 1 1371-1 1378) (the "Ael").
(b) The Act, and any amendments thereto, provide for Slate adminis-
tration of the ESG program. These regulations set forth policies and pro-
cedures governing the administration of these funds as the Federal Emer-
gency Shelter Grants Program (the "FESG program") wilhin the
California Department of Housing and Community Development (the
Department"). In addition to these regulations, FESG program partici-
pants shall comply with the regulations applicable to the FESG program
as indicated below and as set forth in 24 C.F.R. Part 58, and 24 C.F.R. Part
576. Additionally, nonprofit organizations funded by the FESG program
shall comply with the requirements of 24 C.F.R. Part 84 as though they
were Subrecipients pursuant to 24 C.F.R. Part 84. Also, Units of general
local government funded by the FESG program shall comply with the re-
quirements of 24 C.F.R. Part 85. In the event that Congress, the Califor-
nia Legislature, or the Department of Housing and Urban Developinent
add or change any statutory or regulatory requirements concerning the
use or administration of these funds, FESG program participants shall
comply with such requirements.
(c) References to section numbers in the 8400 series in the following
sections are references to these Federal Emergency Shelter Grants Pn)-
gram Regulations at 24 Cal Code Regulations, title 25, section 8400 el
seq.
Page 496.123
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§8401
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(d) In the event ofa contlict between the State FESG Regulations and
24 C.F.R. Part 58. 24 C.F.R. Part 84, 24 C.F.R. Part 85, or the ESG regula-
tions at 24 C.F.R. Part 576. the federal regulations shall prevail.
NOTIE; Authority cited; Section 50406(n), Health and Safety Code. Rcterence: 42
U.S.C. Sections 11 37 1 -11378; 24 C.F.R. Part -"SH; 24 C.F.R. Part X4: 24 C.F.R. Fan
8.S; and 24 C.FR. Part 576.
History
1 . New subchapter 20 (sections 8400-842 1 ) and section filed 7-14-2004; opera-
tive 8-1.3-2004 (Register 2004. No. 29).
§8401. Definitions.
In addition to the definitions found in 42 U.S.C. section 11371, and 24
C.F.R. section 576.3, the following definitions shall apply to this sub-
chapter
"Area-Median Income'" means the most recent applicable county me-
dian family incoine published by the Departinent in accordance with the
U.S. Census Bureau standard.
"Available annual State FESG allocation" means the annual State
FESG allocation from HUD less 4% for State Administration.
"CDBG" means Community Development Block Grant program
"Capital Development" means a Renovation, Major rehabilitation
and/or Conversion project.
■'Capital Development Contract" means a written agreement for a for-
gi Viable deferred loan, up to an amount specified in the applicable NOFA.
made to defray costs of Renovation, Major rehabilitation, and Conver-
sion for Emergency shelter or Transitional housing.
"City" is defined at 42 U.S.C. section 5302(a)(5).
"Client" is the person or household provided Client housing funded by
an FESG Grant.
"Client housing" is the general term used in these regulations to de-
scribe Emergency shelter. Transitional housing, and other Eligible acti-
vities provided to the Client, including programs providing only Essen-
tial Services.
"Conversion" means a change in the use of a building to Emergency
shelter or Transitional housing for the homeless, where the cost of Con-
version and any Rehabilitation costs exceed 75 percent of the value of the
building after Conversion.
"Day" means calendar day.
"Day Center" means a Facility or program whose primary purpose is
to provide homeless persons temporary shelter during the day, as well as
to offer a wide range of services to large numbers of homeless persons
on any given day that may include, but is not limited to, food services,
clothing services, employment services, case management services, and
addiction recovery support services. Day Centers do not regularly pro-
vide overnight shelter accommodations. Day Centers do not include
child care centers or outpatient medical treatment or recovery centers.
"Department" means the California Department of Housing and Com-
munity Development.
"Director" means the Director of the Department of Housing and
Community Development.
"EHAP" is the acronym for the "Emergency Housing and Assistance
program" estabhshed by Health and Safety Code section 50800, et seq.
"ESG" is the acronym for the Emergency Shelter Grants program ad-
ministered by HUD.
"Eligible activities" mean those activities upon which FESG funds
may be expended as described in section 8406.
"Eligible City" means a City that within the current federal fiscal year
meets one of the following conditions: it is located within a county that
is a Nonentitlement area pursuant to 42 U.S.C. 5302; it is a Metropolitan
City that receives no federal ESG funds directly from HUD pursuant to
42 U.S.C. 1 1 373; it is a City that is located within an Eligible county and
that is not a Metropolitan City; or it is a City that is not a Metropolitan
City and that is also not part of an agreement pursuant to 42 U.S.C. 5302
to receive Federal ESG, CDBG and HOME funds as part of the Urban
County within which it is located.
"Eligible county" ineans a county that within the current federal fiscal
year meets one of the following conditions: the county is not an Urban
County pursuant to 42 U.S.C. 5302 (a) (6), or the county is an Urban
County thai is receiving no federal ESG funds directly froin HUD pur-
suant to 42 U.S.C. 11.373.
"Eligible organization" means a private nonprofit organization or a
Unit of general local government, (Unit of general local government is
defined al 24 C.F.R. section 576.3), located in or serving an Eligible City
or county in the stale of California that provides, or contracts with com-
munity organizations to provide. Emergency shelter. Transitional hous-
ing, and other Eligible activities
"Emergency shelter" means any facility, including but not limited to
Day Centers and overnight shelter, who.se primary purpose is to provide
temporary shelter with support services for the homeless in general or for
specific populations of the homeless. Emergency overnight shelter is
limited to occupancy of six months or less by a homeless person and is
not withheld due to a Client's inabihty lo pay.
"Essential services" is defined under 24 C.F.R. section 576.3.
"FESG'" means the Federal Emergency Shelter Grants Program, the
ESG program administered at the State level by the Department of Hous-
ing and Community Development.
"Facility" means the physical location in which the program is being
carried out. For purposes of this definition, a physical location includes
the offices at which Homeless prevention activities are being carried out.
See also the definition of Homeless prevention activities.
"Federal Emergency Shelter Grants Regulations" means those regula-
tions at Cal Codes Regs., title 24. section 8400 et seq.
"Grant"" means a grant of monies from the FESG program.
"Grant Administrative Expenses" means expenses necessary to ad-
minister the Grant, including costs to prepare ESG reports, communicate
with Department staff, and pay the ESG share of a required audit. See
Section 8406. Grant Administrative Expenses do not include the cost of
carrying out Eligible activities under 24 C.F.R. section 576.21(a).
"Governing Board" — for nonprofit applicants this term includes
board of directors; for county local government applicants this term in-
cludes county board of supervisors; for City local government applicants
this term includes City council.
"HOME" means Home Investment Partnership program.
"Homeless" is defined under 42 U.S.C. 1 1302
"Homeless prevention activities" means activities or programs de-
signed to prevent homelessness including short-term rental assistance,
payment for utility assistance; mediation programs for landlord-tenant
disputes, and other innovative programs designed to prevent homeless-
ness. See Section 8407.
"HUD" means the U.S. Department of Housing and Urban Develop-
ment.
"Major rehabilitation" means rehabilitation that involves costs in ex-
cess of 75 percent of the value of the building before rehabilitation.
"Manufactured Housing" means mobile homes, trailers, and factory-
built homes.
"Metropolitan City" is defined at 42 U.S.C. 5302(a)(4).
"New Programs" means programs that have been operating for less
than two years from the date of the apphcable NOFA. and that have not
received either FESG or EHAP funds in the previous two funding rounds.
"NOFA" is the acronym for a "Notice of Funding Availability'" de-
scribed in Section 8403.
"Nonentitlement area" is defined at 42 U.S.C. 5302.
"Northern California Allocation Region" means all counties in the
state north of San Luis Obispo. Kern, and San Bernardino counties with
an individual county population of 200.000 or more, and that have within
their individual county boundaries one or more EHgible cities.
"Obligated Funds" means that the entity awarded FESG funds has
placed orders, awarded contracts, received services, or entered into simi-
lar transactions that require payment from the Grant. Obhgated Funds in-
clude Grant amounts that a City or county awards to a nonprofit organiza-
•
Page 496.124
Register 2(K)4, No. 29; 7-16-2004
Title 25
Department of Housing and Community Development Programs
5} 8403
lion by nil award letter il'the award letter requires payment from the Grant
amount.
"Operations" means the category of FESG activities that inckides
shelter maintenance, operation, rent, repairs, security, fuel, equipment,
insurance, utilities, food and furnishings.
"Rank" means the order oleiigible applications for funding based only
on the rating established pursuant to the applicable Grant selection crite-
ria.
"Rating" means the process by which eligible applications are eva-
luated and given an overall numerical or relative value based on the nu-
merical or relative value(s) assigned to each of the identified selection
criteria described in the NOFA to which the applicant is responding.
"Renovation" means rehabilitation that involves costs of 75 percent or
less of the value of the building before Rehabilitation.
"Residential Rental Assistance" means the payment of rent required
at move-in, or rent in arrears under the terms and conditions set forth un-
der section 8407.
"Rural County Allocation Region" means a group of counties with an
individual county population of less than 200,000 and that have within
their individual county boundaries one or more Eligible cities.
"Site" for purposes of Capital Development activities means a given
parcel or contiguous parcel(s)of land developed, or to be developed, with
Emergency shelter and/or Transitional housing. "Site" for purposes of
activities that are not Capital Development activities means one or more
Facilities where the program(s) is being carried out.
"Site Control" means the legal right to occupy and use the Site, as evi-
denced by such things as:
(Da deed demonstrating ownership in fee title;
(2) a lease demonstrating a leasehold interest in the Site and its im-
provements for at least the term of the FESG Grant or forgivable deferred
interest loan,
(3) a purchase/lease agreement, or
(4) Where FESG funds will be used for Capital Development activi-
ties, an enforceable option contract to purchase or lease which shall ex-
lend at least through the anticipated closing date of the FESG Capital De-
velopment loan.
(5) For rotating shelter programs, site control may include other evi-
dence provided by the applicant granting permission to use the site(s).
Such evidence must be submitted by the applicant and approved by the
Department prior to the deadline for submission of the State FESG ap-
plication stated in the applicable NOFA.
"Southern California Allocation Region" means the counties of San
Luis Obispo, Kern, and San Bernardino as well as each county in the State
to the south of San Luis Obispo, Kern and San Bernardino counties with
an individual county population of 200,000 or more, and that have within
their individual county boundaries one or more Eligible cities.
"State recipient" is the recipient of a Grant that enters into a Standard
Agreement with the Department to provide specified Eligible activities.
"Subgrantee" means a Private nonprofit organization or Unit of gener-
al local government located in or serving an Eligible City or county that
receives FESG funds through a subcontract it has with a Unit of general
local government or other Private nonprofit organization that receives
FESG funds from the Department.
"Standard Agreement" means the contract entered into by the Depart-
ment and the FESG awardee setting forth the basic terms and conditions
governing the award of FESG funds.
"Subrecipient" is defined at 24 C.F.R. section 84.2
"Temporary Housing" see section 8408 concerning vouchers.
"Transitional housing" means housing with supportive services that is
limited to occupancy of up to 24 months that is exclusively designated
and targeted for recently homeless persons. Transitional housing in-
cludes self-sufficiency development services, with the ultimate goal of
moving recently homeless persons to permanent housing as quickly as
possible. TransitionaJ housing can include housing that becomes perma-
nent housing with supportive services at the end of the Standard Agree-
ment.
"Urban County" is defined at 42 U.S.C. 53()2(a)(6).
"Very-low income" means a combined household income not to ex-
ceed 50% of the Area Median Income, adjusted for household size.
NOTE: Authorily cited: Section 30406(n). Health and Safety Code. Reference: 42
U.S.C. 5302: 42 U.S.C. 11.^7 1; 42 U.S.C. I U'^73: and 24 C.F.R. 576.3.
History
1. New section filed 7-14-2004: operative 8-13-2004 (Register 2004. No. 29).
§ 8402. Allocation of Funds.
(a) The Department shall take 47( of the State's annual allocation of
FESG funds for Grant adininistration.
(b) Depending on the applications received, up to 59< of the annual
FESG allocation shall be available to New PrograiTis in Eligible cities and
counties operated by Private nonprofit organizations and Units of general
local govermnent.
(1) To receive an award of FESG funds for a New Program. FESG
funds must be used for an FESG-eligible housing or .service activity that
has been operating for less than two years frotn the date of the applicable
NOFA and;
(2) The organization applying for the FESG funds must not have re-
ceived either state FESG or EHAP fitnds in the previous two funding
rounds.
(c) The remaining (9[%) of the annual FESG allocation shall be di-
vided between three regional and one general allocation on a competitive
basis in accordance with the following.
(i) Programs in the Northern California Allocation Region shall re-
ceive approximately 33*7^ of the annual FESG allocation. The prt)duct
derived by applying the 33'7f multiplier shall be rounded to a dt)llar
amount.
(2) Programs in the Southern California Allocation Region shall re-
ceive approximately 24% of the annual FESG allocation. The product
derived by applying the 24% tiiultiplier shall be rounded to a dollar
amount.
(3) Programs in the Rural County Allocation Region shall receive
approximately 19% of the annual FESG allocation. The product derived
by applying the 19% multiplier shall be rounded to a dollar amount.
(4) The remaining 15% as well as any unawarded FESG funds from
the above regional and New Progratn set-asides shall be considered the
general allocation, and shall be awarded on a competitive basis to any re-
maining unfunded Eligible applications for Eligible activities in the order
of their competitive statewide ranking until all FESG funds have been
awarded subject to the requirements of section 8402. subdivisions (d) and
(e) below and section 841 I subdivisions (f), (g) and (h) below.
(d) The Department shall specify in annual NOFAs, whether it will be
accepting applications for one or two-year Grants or both.
(e) The Department shall specify in annual NOFAs the minimum and
maximum Grant atnounts per application. For one-year grants, the inaxi-
mum grant amount per application shall not exceed 2% of the available
annual State FESG allocation and shall be rounded to the nearest thou-
sandth dollar. For two-year grants, the maxitnum grant amount per ap-
plication shall not exceed 4% of the available annual State FESG alloca-
tion and shall be rounded to the nearest thousandth dollar.
NOTE; Authority cited: Section 50406(n). Health and Safety Code. Releience: 24
C.F.R. Section 576.25.
H I.STORY
1. New section fded 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
§ 8403. Notices of Funding Availability.
(a) A statewide NOFA is a document issued by the Department which
notifies all interested persons of the following:
( I ) That the FESG progratn has been allocated funds or expects to be
allocated funds;
Page 496.125
Register 2(XM, No. 29; 7-16-2004
§ 8404
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) The types and amounts of funds available to Eligible organizations
located in or serving Eligible cities or Eligible counties for specified Eli-
gible activities;
(3) That the FESG funds will be distributed to Eligible organizations
through a competitive process;
(4) Whether one-year Grants, two-year Grants, or both will be ac-
cepted;
(5) The specified minimum and maximum Grant amouni(s);
(6) The specified timeframes that apply to the application and Grant
selection processes, including the deadline for filing of applications;
(7) That copies of the FESG governing statute and regulations can be
obtained from a contact person whose name, address, telephone number.
and electronic mail address arc provided;
(8) Identification of the Eligible Cities and Eligible counties for which
the Department shall accept applications for Grant awards pursuant lo
these regulations.
(9) The electronic mail address, street address, telephone number, and
facsimile number of a contact person within the Department whocan pro-
vide further information, and the application package; and
( 10) The Grant selection criteria described in section 841 i below.
Nort; Authority cited: Section 30406(n), Health and Safely Code. Reference: 24
C.F.R. Section .S76.25.
History
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004. No. 29).
§ 8404. Eligible Organizations.
(a) Only Eligible organizations submitting applications to provide Eli-
gible activities will be considered for funding
(b) Except for applicants that apply as a New Program pursuant to Sec-
lion 8402. as of the publication date of the Statewide NOFA. an applicant
or State recipient shall have provided Client housing continuously each
day throughout the prior twelve months or. for winter-only or summer-
only shelter providers, each day throughout the region's prior winter or
summer shelter season.
(c) An applicant or State recipient shall not provide Client housing in
a manner which illegally discriminates in violation of applicable state
and federal laws. Housing provided to selected subpopulations of home-
less persons shall not be considered a form of arbitrary discrimination if:
(DA state or federal law or regulation requires an FESG-funded facil-
ity to exclusively serve a select homeless subpopulation; or
(2) The nature of the physical facilities or the nature of the services
provided reasonably necessitates restriction of the housing to a selected
subpopulation consistent with federal and state fair housing law.
NOTE: Authority cited: Section 50406(n), Health and Safety Code. Reference: 24
C.F.R. Section 576.25: Sections 1 1 135 and 1 2955 etseq.. Government Code: Sec-
tion 51 et seq.. Civil Code; Harris v. Capital Growth Investors XIV (1991) 52
Cal..3d 1 142, 278 Cal.Rptr. 614; and 42 U.S.C. 3601 et seq.
History
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
§ 8405. Eligible Applications.
(a) Eligible applications must:
( 1) Be received by the deadline stated in the applicable NOFA;
(2) Be submitted to the address noted in the applicable NOFA;
(3) Be complete, subject to the requirements of subsections (b) and (c);
and
(4) Contain a certification by the applicant that all information within
the application is true, complete, and accurate.
(b) A complete application shall consist of the following:
(1) An authorizing resolution by the apphcant's Governing Board;
(2) For applications requesting funds for Emergency shelter or Transi-
tional housing, evidence of site control;
(3) Pursuant to 42 U.S.C. section 11373(c). Private nonprofit orga-
nizations must obtain a Certification of Local Government Approval to
undertake all FESG-funded activities;
(A) Private nonprofit organizations whose Client housing is provided
in an Eligible City must obtain a Certification of Local Approval from
that City lo carry out all FESG activities;
(B) Private nonprofit organizations whose Client housing is provided
in an unincorporated area of a Eligible county must obtain a Certification
of Local Government Approval from that Eligible county to can-y out all
FESG activities;
(4) Documentation of satisfactory match pursuant to the requirements
of Section 8410;
(5) A fully completed application accompanied by all applicable at-
tachments, certifications, and any additional information requested in the
applicable NOFA; and
(6) Any other information the Department or HUD requires to deter-
mine the eligibility of the applicant and the proposed activities, to evalu-
ate or rate and rank the application, or lo confirm that the applicant is ca-
pable of successfully completing all activities.
(7) A response to all of the Grant selection criteria as set forth in Sec-
tion 84 11 .
(c) The State reserves the right to request clarification of unclear or
ambiguous statements made in the application and other supporting doc-
uments where doing so will not impact the neutral evaluation of the ap-
plication.
(d) The Department may request that an applicant revise application
documents as necessary to establish threshold compliance as long as such
revisions do not alter competitive scoring. This includes, but is not lim-
ited to, adjustments made lo the amount of funding requested in order to
conform to the monetary funding limits prescribed by 42 U.S.C. section
1 1374. 24 C.F.R. section 576.21. and section 8406 of these regulations.
(e) Notwithstanding any other provision of this section, in instances
where an application ranks high enough to be funded but there is informa-
tion missing from the application, the Department may request submis-
sion of information that was omitted from the application if such in-
formation existed prior to the application deadline, and the submission
of information is necessary for apphcation completeness but does not al-
ter competitive scoring. This may include information such as evidence
of an applicant's status as a unit of general local government or as a pri-
vate nonprofit organization.
(f) All or a portion of an application can be denied because:
(1) The State is unable to reasonably determine what the applicant is
proposing.
(2) The application is incomplete.
(3) The applicant or the proposed activities are determined to be ineli-
gible.
NOTE: Authoritv cited: Section 50406(n). Health and Safety Code. Reference: 42
U.S.C. Sections'] 1373-11375; 24 C.F.R. Sections 576.21 and 576.25.
History
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004. No. 29).
§ 8406. General Program Requirements.
(a) FESG funds shall only be used for Eligible activities that comply
with the following.
( I ) FESG funds shall be used for any of the eligible uses of funds as
set forth in 42 U.S.C. section 1 1 374 and 24 C.F.R. section 576.21 subject
to the following general FESG requirements. Definitions of pertinent
terms are also included in 24 C.F.R. section 576.3 and 42 U.S.C. section
11371.
(A) The maximum time period in which all FESG funds must be spent
shall be 24 months.
(B) Up to 1 % of an FESG Grant may be used for costs associated with
Grant administration.
(C) The 10% limitation on staff costs set forth in 24 C.F.R. section
576.21 (a)(3) applies only to supervisory staff costs within the Operations
funding category.
(D) FESG funds used for Major rehabilitation and Conversion activi-
ties are subject to the continued use requirements of 42 U.S.C. section
ll375(c)(r)(A).
Page 496.126
Register 2004, No. 29; 7-16-2004
Title 25
Department of Housing and Community Development Programs
J^ 8407
(E) FESG funds used for Rehabilitation activities are subject to the
continued use requirements of 42 U.S.C. section 1 1375(c)(1)(B).
(F) FESG funds used for Essential services, maintenance, operations,
insurance, utilities, and furnishings are subject to the continued use re-
quirements of 42 U.S.C. .section I 1375(c)(1)(C).
(G) An applicant or a Slate recipient providing Client housing shall es-
tablish rules for Client participation which shall:
1. Include a stateinent of the maximum consecutive number of days
during which a Client is eligible to participate in the Client housing;
2. Include a description of the program's disability-related policies,
including the process for a Client to request a reasonable accommodation
to a program policy, practice, or requirement because of the Client's dis-
ability or perceived disability, and Ihe process for a Client to file a disabil-
ity related grievance.
3. Include the policy for termination from the Client housing, and the
process for Client appeal of that termination:
4. Be conspicuously posted at the housing facility, or given to recipi-
ents oi Homeless Prevention funds, where applicable.
(H) An applicant or a Stale recipient providing Client housing shall
have a process for program evaluation.
(!) Notwithstanding the provisions of Section 8406 subdivision
(b)(1)(B). a Stale recipient may accept payment vouchers provided
through any other public or private program for Clients in Emergency
shelters so long as no shelter beds are reserved beyond sundown for that
purpose.
(J) An applicant proposing to provide, or a State recipient providing.
Transitional housing, may charge rent only if a minimum often percent
of all rent collected for each Client is reserved to assist that Client in mov-
ing to permanent housing subject to the following:
1 . The reserve of rent for each Client must be accounted for separately;
2. If rent reserved for a Client remains unused due to the absence of
the Client for a year or more, the monies shall be used to assist another
Client in moving to permanent housing; and
3. the rent and any service fees charged are limited to an ability-to-pay
formula reasonably consistent with the United States Department of
Housing and Urban Development's requirements for subsidized housing
for low-income persons.
4. An applicant or Stale recipient can request from the Department a
waiver of the 10% requirement set forth above where the applicant or
State recipient has demonstrated to the Department's satisfaction that its
program is funded to provide assistance to all Clients when they move
to permanent housing, and that this assistance is funded from sources oth-
er than State FESG funds. This assistance can include such things as: as-
sistance with security deposit, first/last month's rent, or household items.
Such individual assistance provided to a Client must equal at least 10%
of all the rent collected from that Client.
(K) An applicant proposing to provide, or a State recipient providing
Transitional housing, shall demonstrate that the housing meets all of the
following tests:
1. Occupancy is limited to a maximum of two years;
2. Every Client is offered at least three types of self-sufficiency devel-
opment services such as job counseling or instruction, personal budget-
ing or home economics instruction, tenant skills instruction, landlord/
tenant law, victim's rights counseling, or apartment search skills
instruction;
3. Every Client is required to participate in at least one self-sufficiency
development service offered by the Client housing provider as a condi-
tion o1' receiving Client housing:
4. Pursuant to section 8406 subdivision (a)( I )(J), accumulated rent re-
serve funds from Clients are applied to first and last-months rent and/or
a security deposit for permanent housing; and
5. Every Client is provided referrals to permanent housing.
(L) Pursuant to 24 C.F.R. 576.2 1 (a)(3), in-house telephone use by Ch-
ents of an Emergency shelter or Transitional housing facility is an eligi-
ble operations expense.
(M) Use of FESG funds for Homeless prevention activities must meet
the requirements of Section 8407.
(N) Use of FESG funds to lease or rent rooms with vouchers must meet
the requirements of Section 8408.
(0) Use of FESG funds for Renovation, Major rehabilitation, oi- Con-
version must meet the requirements of Section 8409.
(b) FESG funds shall not be used for facilities or activities thai do not
comply with the following.
(1 ) FESG funds shall not be u.sed for costs associated with activities
in violation of any law, or for the following:
(A) The purchase of radios, televisions, and other appliances or equip-
ment for recreational purposes;
(B) Facilities in which occupancy fees are charged to Clients of Emer-
gency shelters;
(C) Off-site costs, special requirements, assessments, or anything
more than is directly necessary for the development of Emergency shel-
ter or Transitional housing;
(D) On-site improvements or other expenses beyond those directly
necessary for the development or operation of Emergency shelter or
Transitional housing (e.g.. retaining walls, fencing, storage sheds, shade
structures, playground equipment, parking lots, and landscaping);
(E) Temporary Housing for minor children separated from their fami-
lies due to a court order or an administrative order;
(F) Acquisition
(G) New construction activities;
(H) Predevelopmeni activities;
(1) Property clearance or demolition;
(J) Services to persons who are not homeless, except when providing
Hoirieless prevention activities in accordance with Section 8407;
(K) Telephone Hotline costs;
(L) Staff recruitment or training;
(M) Costs associated with advocacy, planning, or fundraising;
(N) Administrative costs not permitted under Section 8406(a)( I )(B)
and Section 8406(a)(1)(C);
(O) Activities determined by the Department to be an ineligible, ineffi-
cient, or ineffective use of Grant funds as stated in the applicable NOFA.
(2) An applicant or a State recipient shall not require, as a condition
of Client housing, participation by Clients in any religious or philosophi-
cal ritual, service, meeting, or rite.
(3) Any buildings for which FESG funds are used for Conversion, Ma-
jor rehabilitation, or Renovation must meet the requirements of 24 C.F.R.
section 576.55, including required compliance with local government
safety and sanitation standards.
(4) An applicant or a State recipient shall not provide Client housing
in a structure which contains any of the conditions of a substandard build-
ing listed in section 17920.3 of the Health and Safety Code, and shall
comply with all applicable State and local construction, maintenance,
and occupancy standards.
(5) An applicant or a State recipient providing Emergency shelter to
Clients shall not:
(A) Condition the provision of Emergency shelter on the receipt of
public or private payment vouchers or cash payment from the Client; or
(B) Deny shelter or services to any Client due to the inability to pay.
NOTE: Authority cited: Section .S0406(n), Health and Safeiv Code, Retcrcncc: 42
U.S.C. .Section 11371; 42 U.S.C. Sections 11374-II37.S: 24 C.F.R. Sections
576.3, 576.21, 576.23, 576.35, 576.55 and 576.61; and Section 17920.3, Health
and Safety Code.
History
1. New .section filed 7-14-2004; operative 8-13-2004 (Register 2004. No. 29).
§ 8407. Homeless Prevention Activities.
(a) Use of FESG funds for Homeless prevention activities must meet
the requirements of 42 U.S.C. 1 1374(a)(4) and 24 C.F.R. 576.21(a)(4).
(b) Pursuant to 42 U.S.C. section 1 1374, not more than 30Vr of the
annual State FESG allocation may be used for Homeless prevention acti-
vities.
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§8408
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(c) Tlie following additional requirements apply to the use of FESG
funds to provide Residential Rental Assistanee.
( 1 ) The payment of rent in arrears shall not exceed one month's rent
plus a reasonable late charge. FESG funds shall be used only if:
(A) The Client is unable to pay the rent in arrears due to a sudden re-
duction in income, and has received an eviction notice;
(B) No other resources or assistance are available to pay the rent in ar-
rears;
(C) The Client has not received more than one payment for rent arrears
for the past two years from any other source; and
( D) There is a reasonable prospect that the Client will be able to resume
rent payments on their own within a reasonable period of time.
(2) The payment of initial rent shall consist of no more than the first
month's rent or the last month's rent, or both if required as a condition
of occupancy of permanent housing. FESG funds shall be used only if:
(A) No other resources or assistance are available to pay the initial
rent;
(B) The Client has not received more than one payment of initial rent
in the immediate past two years from any other source; and
(C) There is a reasonable prospect that the Client will be able to make
rent payments on their own within a reasonable period of time.
(3) FESG funds to be used for Residential Rental Assistance shall be
accounted for separately.
(4) Consistent with the requirements in 24 C.F.R. 576.63, and 24
C.F.R. Parts 84, and 85, interest earned on FESG funds set aside for rental
assistance shall be returned to the Department for return to HUD.
(5) Prior to providing Residential Rental Assistance, the State recipi-
ent shall verify that:
(A) The Client is eligible to participate in the program and has income
sufficient to pay the monthly rent once the Residendal Rental Assistance
terminates; and
(B) An appropriately sized and priced rental unit is available and suit-
able for occupancy by the Client.
(6) The Client shall not have direct use of FESG funds. FESG funds
shall be distributed directly from the State recipient or Subgrantee to the
landlord for the benefit of the Client.
(7) A State recipient providing Residential Rental Assistance shall do
all of the following:
(A) make determinations regarding the eligibility of Clients based
upon a written application from the Client in order to determine the Cli-
ent's need for the assistance, and the Client's ability to remain perma-
nently hou.sed once the assistance is provided;
(B) provide information to Clients regarding the landlord-tenant rela-
tionship, the appropriate treatment of rental property, appropriate behav-
ior within the neighborhood, the importance of timely rental payments;
and
(C) provide staff that shall be reasonably available to landlords and
tenants to answer questions or complaints about Residential Rental As-
sistance.
(d) The following additional requirements apply to the use of FESG
funds to provide utility assistance:
( 1 ) A State recipient providing utility assistance shall make determina-
tions regarding the eligibility of Clients based upon a written application
from the Client in order to determine the Client's need for the assistance,
and the Client's ability to remain permanently housed once the assistance
is provided
(2) The payment of utility assistance shall not exceed three months
past due utility payments plus a reasonable late charge. FESG funds shall
be used only if:
(A) The Client is unable to pay the utility costs in arrears due to a sud-
den reduction in income and has received a notice of termination of utility
services;
(B) No other resources or assistance are available to pay the utihty
costs in arrears;
(C) The Client has not received more than one payment of utility assis-
tance in the immediate past two years from any other source; and
(D) There is a reasonable prospect that the Client will be able to make
utility payments on their own within a reasonable period of time.
(3) FESG funds to be used for utility assistance shall be accounted for
separately.
(4) Consistent with the requirements in 24 C.F.R. 576.63, and 24
C.F.R. Parts 84, and 85. interest earned on FESG funds set aside for util-
ity assistance shall be returned to the Department for return to HUD.
(5) The Client shall not have direct use of FESG funds. FESG funds
shall be distributed directly from the State recipient or Subgrantee to the
utility company for the benefit of the Client.
(e) State recipients may use FESG funds to provide up to three months
of initial rent and/or utility assistance to individuals whose income does
not exceed 50% of the Area Median Income and who are discharged from
publicly funded institutions or systems of care, such as health care facili-
ties, foster care facilities, other youth facilities, or corrections programs
and institutions.
NOTE; Authority cited: Section .'>()406(n). Health and Safety Code. Reference: 42
U.S.C. Section 1 1374: 24 C.F.R. Paris 84 and 85; and 24 C.F.R. Sections 376.21
and 376.63.
History
I. New section tiled 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
§ 8408. Leasing or Renting Rooms with Vouchers.
The following requirements apply to the use of FESG funds to provide
vouchers to lease or rent Temporary Housing for Clients.
(a) Eligible Temporary Housing includes apartments, motel rooms,
hotel rooms, rental rooms in single-room occupancy housing, single-
family homes, and manufactured housing.
(b) Vouchers for Temporary Housing may also be used to pay rental
fees for spaces at a Special occupancy park which is defined by section
1 8862.43 of the Health and Safety Code as a recreational vehicle park,
temporary recreational vehicle park, incidental camping area, or tent
camp.
(c) Payment of rent must be at a rate that is reasonable based on local
market conditions. Rent charged to voucher holders shall not exceed
market rent for comparably sized units or spaces.
(d) Vouchers must only be used for Temporary Housing located in an
Eligible City that is in the county in which the FESG funds have been
awarded, or in an unincorporated area of the Eligible county in which the
funds have been awarded.
(e) Temporary housing financed with vouchers is limited to occupan-
cy of six months or less by a homeless person or household.
NOTE: Auttiority cited; Section 50406(n), Health and Safety Code. Reference:
Section 18216.1. Health and Safety Code; and 24 C.F.R. Section 376.21.
History
1 . New section tiled 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
§ 8409. Renovation, Conversion, and Major Rehabilitation.
(a) Grants for Renovation, Conversion or Major rehabilitation activi-
ties pursuant to 24 C.F.R. 576.2 1 (a)( 1 ) cannot exceed the amount speci-
fied in the applicable NOFA.
(b) Eligible costs for Renovation, Conversion, and Major rehabilita-
tion include, but are not limited to, costs for local government fees, and
materials and labor costs.
(c) Costs set forth under Section 8406(b) are ineligible.
(d) FESG funds for Renovation, Conversion, or Major rehabilitation
activities shall be in the form of a forgivable deferred loan.
(e) The terin of a Renovation, Conversion, or Major rehabilitadon
Standard Agreement is 24 months from the effective date of the contract.
(f) A Renovation. Conversion, or Major rehabilitation project shall be
deemed feasible when an evaluation by the Department demonstrates all
of the following.
(1) The project's legal status, finances, projected cash flow, technical
feasibility, and the accuracy of the project's construcdon schedule dem-
onstrate the probability of successful completion of the project.
(2) The project's design and materials and the proposed labor needs
and costs demonstrate that the project excludes non-essendal materials
or a luxury design.
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Title 25
Department of Housing and Community Development Programs
^8411
(3) The applicanl's siie control demoiistrales tliiU the project will be
eoinpleled and operated without Jeopardizing tiie Deparlnient"s security
interest lor at least the applicable period ol" continued use pursuant to 42
U.S.C. 11375(c).
(4) The proposed construction schedule corresponds with the scope of
the project and demonstrates that the construction shall be completed
within the term of the Standard Agreement.
(5 ) The development team proposed (or the project has the experience
and ability to elTiciently and successfully complete and operate Uie proj-
ect as proposed.
N( )Tl : Aulhoriiv cited: Section 50406(n). Health and Safety Code. Refeienee: 42
U.S.C. .Seciiun 1 1.^75: 24 C.KR. Sections .S76.21 and 576.33.
HrS'lORY
I. New section tiled 7-14-2004: operative X-I.V2004 (Register 2004, No. 29).
§8410. Match Requirements.
(a) Pursuant to 42 U.S.C. 1 1375, the Department will provide HUD
with annual doeumentalion of the sources and amounts of matching
funds required of the Department as a recipient of ESG funds.
(b) Pursuant lo subdivision (a), the Deparimeni may satfsfy HDD's
matching requirement, by submitting documentation to HUD of avail-
able Slate funding for the homeless.
(c) Pursuant to subdivision (a), the Department will set forth in the ap-
plicable FESG NOFA any requirement of FESG applicants to provide
documentation of matching funds.
NOTl:.: Authontv cited: Section .S0406(n). Health and Safety Code. Reference: 42
U.S.C. Section 11375.
HtSTORY
1. New sectit)n filed 7-14-2004; operative 8-13-2004 (Register 2004. No. 29).
§ 8411 . Grant Selection Process.
(a) A Grant selection process shall involve eligible and complete ap-
plications received by the Department in response lo the applicable
NOFA.
(b) Each of the following criteria is Grant selection criteria that shall
be included in the statewide NOFA. For applications requesting funds for
multiple programs, each program will receive a separate score for each
rating factor, and the point scores wiJI be averaged to calculate a final
point score for each rating factor.
( 1 ) Applicant Capability 300 points
The applicant's capability of achieving the activities and results pro-
posed in the application will be evaluated based on the rating factors
listed in this .section. Each rating factor will correspond to specific ap-
plication questions. The total number of points available for each rating
factor is also listed. The point scores awarded to each application for each
application question will depend on the relative merit of the individual
answer to each question.
(A) The nuinber of years the applicant has been providing housing and
services for the homeless;
30 points
(B) Whether the applicant has experience operating the propo.sed pro-
gram, or a program similar to the proposed program;
30 points
(C) The process utilized by the organization to evaluate the program.
Points will be awarded for this factor based on the frequency of evalua-
tion, the degree of involvement of Clients and staff in the evaluation pro-
cess, and the impact of the evaluation process on the program. Applicants
that provide supporting documentation of their evaluation process and
outcomes will receive more points for this rating factor.
30 points
(D) The applicant's experience administering other federal housing
grants including, but not limited to, other FESG Grants:
30 points
(E) The relative number of years of experience working in the program
or other related experience as determined by the Department possessed
by the key staff of the program, (executive director, manager/supervisor,
counselors/ca.se managers). The total number of years of experience of
key staff will be divided by the total number of key staff to calculate the
relative number of years of experience. Related experience outside of the
program must be described in order for the Deparimeni lo consider
awarding points for related experience.
(^0 points
(F) The proposed ratio of staff to Clients. Applicants with a higher sialT
to Client ratio will receive more poinis for this rating factor.
60 poinis
(G) Whether the applicant has any unresolved monitoring fmdings or
concerns from FESG Grants awarded in no more than the previt)us four
years;
20 points
(H) Whether the applicant has submitted required reports in a timely
manner for FESG Grants awarded in no more than the previous four
years;
20 pt)ints
(1) Whether the applicant has obligated and expended funds in a timely
manner for FESG Grants awarded in no more than the previous four
years.
20 poinis
(2) Need for Funds — 100 points
The need for FESG funds will be evaluated ba.sed on the rating factors
listed in this section. Each rating factor will correspond to specific ap-
plication questions. The total number of poinis available for each rating
factor is also listed. The point scores awarded to each application for each
application question will depend on the relative merit of the individual
answer lo each question
(A) The applicant's need for f^ESG funds when comparing the per-
centage of FESG funds to other sources of funding in the applicant's pro-
posed program budget. Applicants with the highest percentage of FESG
funds compared to other sources of funding in the proposed program
budget will receive more points for this rating factor.
50 points
(B) Depending on the type of Client housing proposed for funding, the
relative level of need for that housing type. Applicants whose Client
housing type addresses higher needs as certified by a county-wide coor-
dinating body or agency of county government specifically dealing with
the issue of homelessness will receive more points for this rating factor.
TTie certifying entity must also meet the conllict of interest provisions .set
forth in 24 C.F.R. 576.57(d). The Department may specify in the NOFA
what local entities may be certifying entities.
50 poinis
(3) Impact and Effectiveness of the Client Housing — 250 points
The impact and effectiveness of the Client housing provided and pro-
posed to be provided by the applicant will be evaluated based on the rat-
ing factors listed in this section. Each rating factor will correspond to spe-
cific application questions. The total number of points available for each
rating factor is also listed. The point scores awarded to each applicaiion
for each application question will depend on the relative merit of the indi-
vidual answer to each question. For subsection (b)(3)(B) through subsec-
don (b)(3)(E), the Department may require applicants to submit docu-
mentation to verify the accuracy of their placement rales.
(A) The number of services offered to homeless persons by the pro-
gram, including services offered through direct referral of program Cli-
ents to other agencies that provide services not directly available through
the program, and the accessibility of these services. Aceessibiliiy oi ser-
vices means transportation to off-site services based on the needs of the
individual Client, accommodations for Clients with disabilities, and ser-
vices that address the linguistic needs of the Clients. Applicants must also
explain how they will provide Client access to services when barriers to
accessibility as set forth in this subdivision do exist. Applications that
demonstrate the accessibility of program services as set forth in this sub-
division will receive more points than applications that do not demon-
strate service accessibility. To receive points for services offered through
direct referral of program Clients lo other agencies, applicants musi pro-
Page 496.129
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§8411
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
vide (Jocumenlation substantiating an arrangement between the program
and the other agencies to provide services to program Clients.
60 points
(B) In the last twelve months, the percentage ol" Clients who have ex-
ited the program and moved into permanent, transitional, or emergency
housing, (overall placement rate).
For this rating factor. Homeless prevention programs will be
compared with one another. Transitional hotising programs will be
compared with one another, overnight Emergency shelter programs will
be compared with one another. Temporary Housing voucher programs
will be compared with one another. Day Center programs will be
compared with one another, and other FESG-eligible non-housing pro-
grams will be compared with one another.
60 points
(C) In the last 1 2 months, the percentage of Clients who as a result of
their participation in the program have obtained or retained employment.
For this rating factor. Homeless prevention programs will be
compared with one another. Transitional housing programs will be
compared with one another, overnight Emergency shelter programs will
be compared with one another. Temporary Housing voucher programs
will be compared with one another. Day Center programs will be
compared with one another, and other FESG-eligible non-housing pro-
grams will be compared with one another.
30 points
(D) In the last 12 months, the percentage of Clients who as a result of
their participation in the program have obtained other income such as
Supplemental Security Income (SSI). Temporary Assistance for Needy
Families (TANF), or county general assistance;
For this rating factor. Homeless prevention programs will be
compared with one another. Transitional housing programs will be
compared with one another, overnight Emergency shelter programs will
be compared with one another. Temporary Housing voucher programs
will be compared with one another. Day Center programs will be
compared with one another, and other FESG-eligible non-housing pro-
grams will be compared with one another.
30 points
(E) In the last 12 months, the percentage of Clients who as a result of
their participation in the program have stabilized a mental illness or
chemical addiction for a minimum of 90 days if the program is a Transi-
tional housing program, or for a minimum of 30 days for all other pro-
grams.
For this rating factor. Homeless prevention programs will be
compared with one another. Transitional housing programs will be
compared with one another, overnight Emergency shelter programs will
be compared with one another. Temporary Housing voucher programs
will be compared with one another. Day Center programs will be
compared with one another, and other FESG-eligible non-housing pro-
grams will be compared with one another.
30 points
(F) The applicant is a participant in a local planning process for the
community-wide continuum of care, EHAP Local Emergency Shelter
Strategy (LESS), or other homeless housing and supportive services
plan, as evidenced by documentation from this planning process.
40 points
(4) Cost Efficiency — 100 points
The Cost efficiency of the proposed use of FESG funds for Client
housing will be based on the rating factors listed in this subdivision. Each
rating factor will correspond to specific application questions. The total
number of points available for each rating factor is also listed. The point
scores awarded to each application for each application question will de-
pend on the relative merit of the individual answer to each question. For
each rating factor in this subdivision, the Department may require appli-
cants to submit documentation to verify the accuracy of the information
provided by the applicant.
( A ) The relative cost efficiency of the proposed use of FESG funds as
measured by the following factors, where applicable.
60 points
1 . The cost per bed per month when comparing overnight Emergency
shelter programs with one another. The Department will examine the to-
tal Emergency shelter budget, with the exception of costs that qualify as
Essential Services costs, regardless of whether FESG funds are being re-
quested for Essential Services; or
2. The cost per bed per month when comparing Transitional housing
programs with one another. The Department will examine the total Tran-
sitional housing budget with the exception of costs that qualify as Essen-
tial Services costs, regardless of whether FESG funds are being requested
for Essential Services; or
3. The cost per bed per month when comparing Temporary Housing
voucher programs with one another. The Department will examine the
total voucher program budget with the exception of costs that qualify as
Essential Services costs, regardless of whether FESG funds are being re-
quested for Essential Services; or
4. The cost per household served per month when comparing Home-
less prevention programs, with one another. The Department will ex-
amine the total Homeless Prevention program budget, with the exception
of costs that qualify as Essendal Services costs, regardless of whether
FESG funds are being requested for Essential Services; or
5. The cost per household served per month when comparing Day
Center programs with one another. The Department will examine the to-
tal Day Center budget, with the exception of costs that qualify as Essen-
tial Services costs, regardless of whether FESG funds are being requested
for Essential Services; or
6. The cost per household served per month when comparing other
FESG-eligible non-housing programs with one another. The Depart-
ment will examine the total program budget with the exception of costs
that qualify as Essential Services costs, regardless of whether FESG
funds are being requested for Essendal Services.
(B) The applicant's level of coordination with other organizations to
operate the program as demonstrated by such things as; coordination of
service delivery with other providers of housing or services to the home-
less, use of volunteers, use of in-kind donations, use of client and com-
munity educational programs, and participation in coalitions. In evaluat-
ing this rating factor, the Department may ask the applicant to provide up
to three letters from collaborating organizations which describe their col-
laborative relationship with the applicant.
40 points
(5) State Objectives — 35 points
The Department may award each application up to 35 points for ad-
dressing one or more State Objectives as identified in the annual FESG
NOFA. The Department's selection of State Objectives for inclusion in
the annual NOFA shall be based on one or more of the issue areas listed
in this section. The point scores awarded to each application for the Stale
Objectives selected in any given year will depend on the relative merit
of the individual answers to the State Objective questions. In no instance
shall the total amount of State Objective points available in any given
year exceed 5% of the total amount of points available under Section
8411(b)
(A) Imbalance in the types of programs funded in prior years, such as
Emergency shelters versus Transitional housing;
(B) Federal funding priorities as publicly announced by HUD;
(C) State funding priorities as publicly announced by the Governor;
(D) Housing and community development needs or objectives as iden-
tified in the Department's annual consolidated plan required by HUD.
(6) Total Possible — 785 Points
(c) Applications for the New Programs set-aside and three regional
set-asides shall be separately rated by group and then ranked in descend-
ing order within their groups.
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Title 25
Department of Housing and Community Development Programs
S8413
(d) FESG I'unds will be awarded lo Eligible t)rganizations in descend-
ing rank order fortlie anioiml requested in the corresponding eligible ap-
plication, subjeci to the Department's limitations on certain Eligible acti-
vities including the limitations applicable to Essential Services and
efforts to prevent homelessness at 42 U.S.C. subdivisions
I 1374(a)(2)(B) and I 1374(a)(4) respectively, or for a revised amount
pursuant to section 840.^ subdivision (d), until the remaining funds in
each set-aside are insufficient to fully lund the next highest ranked ap-
plication(s).
(e) Any FESG funds remaining in the New Programs or regional set-
asides shall be made available for distribution by general competition
pursuant to section 8402 subdivision (c)(4).
(f) Among the applications competing for the general competition
funds. FESG funds will be awarded to Eligible organizations in descend-
ing rank order for the amount requested in the corresponding eligible ap-
plication, subjeci to the Department's limitations on certain Eligible acti-
vities including the limitations applicable to Essential Services and
efforts to prevent homelessness at 42 Lf.S.C. subdivisions
1 1374(a)(2)(B) and 1 1374(a)(4) respectively, or for a revised amount
pursuant to section 8405 subdivision (d).
(g) When there are insufficient funds to fully fund the next highest
ranked unfunded application, this application shall be partially funded if
the funded activities can be adequately carried out with the remaining
FESG allocation.
(h) Within each of the set-asides set forth in section 8402, subdivisions
(b) and (c) in the event of a tie for applicants in the lowest-ranked posi-
tion to be funded, before continuing the award process the Department
will break the tie among the applicants by awarding funds from the set-
aside to the applicant who scored the most points overall in the Cost Effi-
ciency rating category.
NOTt:: Auihorilv cited: Section 5()406(n). Health and Safety Code. Reference: 24
C.F.K. Section .S76.25.
Hl.STORY
I . New section hied 7-14-2004; operative 8-1 .^-2004 (Register 2004. No. 29).
§ 8412. State Recipient Contract Requirements.
(a) Following a Grant award, the Department shall enter into a written
contract directly with the State recipient. The contract shall be known as
the "Standard Agreement" and shall include the items specified in this
section.
( 1 ) A clear and accurate identification of the State recipient and the De-
partment;
(2) The timeframe for the performance of the approved project activi-
ties;
(3) The amount of the Grant, clearly expressed as the maximum
amount; the basis upon which payment is to be made; and the process by
which the State recipient must request payment;
(4) A clear and complete statement of the activities and services the
State recipient will perform and provide under the Grant.
(b) Timeframes for the performance of approved project activities
shall be as follows:
( 1 ) All approved project activities except for Renovation. Conversion
or Major rehabilitation shall commence within two months of the effec-
tive date of the Standard Agreement and shall be completed within 24
months of the effective date of the Standard Agreement. No extension of
this contract term shall be granted.
(2) Approved project activities for Renovation, Conversion or Major
rehabilitation shall commence within six months of the effective date of
the Standard Agreement and shall be completed within 24 months of the
effective date of the Standard Agreement. No extension of this contract
term shall be granted.
(A) The commencement of project activities for Renovation, Conver-
sion, or Major rehabilitation shall mean acquiring a building permit for
Renovation. Conversion or Major rehabilitation.
(B) The completion of project activities for Renovation. Conversion,
or Major rehabilitation activities shall mean acquiring a certificate of
completion, where applicable.
(c) Each Standard Agreement shall provide that a State recipient shall
request and receive Grant payments only under conditions thai protect
the Department's interests.
(d) The following performance requirements shall appear in each
Standard Agreement and shall include additional provisions specific to
each State recipient:
( 1 ) State recipients shall submit to the Department reports on the prog-
ress toward the completion of approved activities during the term of the
Standard Agreement;
(2) State recipients shall maintain accotmting books and records in ac-
cordance with generally accepted accounting standards;
(3) State recipients receiving FESG funds for Renovation. Coiner-
sion. or Major rehabilitation shall provide the Department with a .secinity
interest in any real or personal property improved with FESG funds. The
security interest shall be sufficient to secure the continued compliance by
the State recipient with specified terms of the Standard Agreement.
(e) The Standard Agreement may require a work plan prepared by the
State recipient as part of its application and incorporated by reference as
part of the Standard Agreement which the Slate may then use for contract
monitoring purposes.
(f) The Standard Agreement shall contain the applicable continued use
requirements for Renovation. Conversion, and Major rehabilitation.
Such requirements shall be consistent with the requirements set forth in
the FESG Certifications on use of Assistance at 42 U.S.C. section
1 1 375(e)( 1 ) and 24 C.F.R. section .576.53. and shall be recorded against
the property.
NOTE: Authority cited: Section .S0406(n). Health and Safetv Code. Reterence: 42
U.S.C. 1 1 37.-1; 24 C.F.R. Sections 576.2.S. .^76.35. .^76.^3 and .S76.61.
History
1. New section filed 7-14-2()()4: operative 8-l.V2()04 (Register 2004. No. 29).
§ 8413. Procedures and Requirements for Procuring
Contracts for Services or Materials under a
Capital Development Contract.
(a) Each State recipient awarded a Grant for Renovation. Conversion,
or Major rehabilitation shall include compliance with the requirements
of this section in all its contracts and subcontracts for labor and materials
to be paid for with FESG funds
(b) Prior to the disbursement of FESG funds for labor or materials, no
contract in excess of $25,000 shall be awarded without the prior review
and written approval from the Department. The Department shall not un-
reasonably withhold approval of said contracts.
(e) Each contract for Renovation, Conversion, or Major rehabilitation
labor or materials shall comply with all applicable FESG program re-
quirements, and all applicable terms and provisions of the Standard
Agreement.
(d) Each contract shall include a provision stating that the records of
the contracting parties shall be retained and subject to audit by the De-
partment for a period of six years from the date of execution of the Stan-
dard Agreement.
(e) Each contract shall include a provision stating the method and
schedule of payments, and shall provide for the retention of an amount
of not less than ten percent from each progress payment, until such time
as the lien-free completion of the project is ensured.
(f) Each Renovation. Conversion, or Major rehabilitation contract or
subcontract of $25, 000 or more shall include a security provision requir-
ing the construction or service contractor to provide both a performance
and a payment bond or an equivalent form of .security, such as a letter o\'
credit. Security instruments shall be subject to the following;
(1 ) Other than a performance bond and a payment bond, any form of
security required of a contractor is subject to prior review and written ap-
proval by the Department;
(2) The security shall be in an amount equal to one hundred percent of
the amount of the successful bid;
(3) Each construction or service contractor or subcontractor shall be
appropriately licensed by the California State Contractors Licensing
Board, and shall be insured as required by State law; and
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) Each construction or service contractor or subcontractor shall not
he on a list of Federally debarred contractors.
(g) The State recipient shall establish procedures that ensure that dis-
bursements are properly expended by, or on behalf of, the State recipient.
Such procedures shall include:
(1) Performing on-site inspections of the construction or rehabilita-
tion work: and
(2) Using progress inspection reports as the basis for issuing payments
to contractors or subcontractors.
Norii: Aiilhoritv cited: Section .S0406(n). Health and Safety Code. Reference: 24
C.F.R. Sections .=^76.25. 576.61 and 576.65.
History
1. New seclion tiled 7-14-2004; operative 8-1.1-2004 (Register 2004. No. 29).
§ 8414. Requirements for Renovation, Conversion, or
Major Rehabilitation Performed by the State
Recipient.
(a) A State recipient that chooses to perform all or part of the labor,
and/or to provide all or part of the materials necessary for Renovation.
Conversion, or Major rehabilitation, shall comply with the requirements
of this section.
( 1 ) FESG funds shall not be used to pay any family member of any per-
son on the Governing Board or staff of the State recipient.
(2) The State recipient shall enter into a written contract with each sub-
contractor, pursuant to the requirements of section 8413.
NOTIi: Authority: Section 5()406(n), Health and Safetv Code. Reference: 24
C.F.R. Sections 576,57 and 576.61 .
History
1 , New .section filed 7-14-2004; operative 8-13-2004 (Register 2004. No. 29).
§8415. Budget Changes.
(a) After the award is made, the Department may approve changes to
a project budget provided the requested budget change complies with ei-
ther of the requirements of section 8415 subdivisions (b) or (c) below.
(b) The proposed budget change meets all of the following criteria
when applicable:
( 1 ) Does not substantially change the specific Clients served by the ap-
proved project activities:
(2) Continues to meet the priorities and criteria imposed during the re-
spective award selection process;
(.3) Results in a product substantially the same as the originally ap-
proved Eligible activity and, costs the same as or less than the originally
approved Eligible activity;
(4) Will be completed by substantially the same date as allowed for in
the original approval;
(5) Is justifiable, at the sole discretion of the Department, upon the De-
partment's consideration of written evidence documenting the reasons
for the change. If the proposed budget change involves eliminating an en-
tire expense item from the Grant budget, the State recipient must explain
what other funding will pay for this item.
(c) Will not result in a decrease in benefits to the local program.
(d) If the proposed budget change represents more than 10% of the
overall award amount, an amendment to the Standard Agreement is re-
quired.
NOTE: Authority cited: Section 50406(n), Health and Safety Code. Reference: 24
C.F.R. Section 576.25.
History
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
§8416. Disbursement Procedures.
(a) FESG funds shall be disbursed pursuant to the terms of the Stan-
dard Agreement.
(b) For Renovation, Conversion, or Major rehabilitation activities, the
Department may require the State recipient to have an escrow account,
a construction fund control account, or a comparable type of account for
these activities.
(c) The Department may rely on the State recipient's certification that
expenditures claimed in a request for disbursement are eligible and nec-
essary, provided that the Stale recipient also certifies that detailed sup-
porting documentation verifying each expenditure is available and shall
be retained by the State recipient for six years after the execution of the
Standard Agreement.
(d) Except for Renovation, Conversion, and Major rehabilitation acti-
vities. State recipients may request an advance of 30 days working capital
or $5,000, whichever is greater, after the Standard Agreement is
executed.
(e) As necessary, the Department shall establish minimum disburse-
ment amounts or other related procedures necessary for the efficient ad-
ministration of the FESG program.
(f) If a Stale recipient uses FESG funds for the costs of ineligible activi-
ties, the State recipient shall be required to reimburse these funds to the
Department, and shall be prohibited from applying to the Department for
subsequent FESG funds until the Department is fully repaid.
(g) Notwithstanding section 8416 subdivision, (d). only costs incurred
after execution of the Standard Agreement and after all environmental re-
view requirements have been met will be paid by the Department. Envi-
ronmental review compliance shall include compliance with 24 C.F.R.
Part 58.
(h) Requests for disbursement of FESG funds must be made by the
State recipient on forms approved by the Department.
NOTE: Authority cited: Section 50406(n). Health and Safetv Code. Reference: 24
C.F.R. Sections 576,21. 576.25. 576.57, 576.61, 576,63 and 576,65.
History
1 , New section filed 7-14-2004: operative 8-13-2004 (Register 2004, No. 29).
§ 8417. Reporting and Recordkeeping.
In addition to the requirements of 24 C.F.R. Parts 84 and 85, the fol-
lowing requireinents apply to requests for funds, fiscal reporting and
maintenance of records:
(a) All reports must be made on forms approved by the Department;
(b) All State recipients must submit a written request for disbursement
each time a request for funds is made;
(c) All State recipients must submit a written disbursement expendi-
ture detail report with the first request for disbursement;
(d) All State recipients must submit written quarterly accrued expendi-
ture reports;
(e) A written report must be submitted annually during the period of
the Grant;
(0 A written completion report must be submitted within 60 days after
expiration of the Standard Agreement;
(g) Additional reports may be requested by the Department to meet
other applicable federal reporting requirements;
(h) State recipients must maintain all fiscal and program records per-
taining to the Grant for a period of six years from the date of execution
of the Standard Agreement; and
(i) Pursuant to 24 C.F.R. section 576.65(b), all State recipients must
maintain the confidentiality of records pertaining to the provision of pre-
vention or treatment services to victims of family violence.
NOTE: Authority cited: Section 50406(n), Health and Safety Code. Reference: 24
C.F.R. Sections 576.61 and 576.65.
History
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
§ 8418. Monitoring Grant Activities.
(a) The Department shall monitor activities funded by Grants selected
and awarded by the Department according to the terms of the Standard
Agreeinent.
(b) If it is determined that a State recipient falsified any certification,
application information, financial, or contract report, the State recipient
shall be required to reimburse the full amount of the Grant to the Depart-
ment, and may be prohibited from any further participation in the FESG
program.
NOTE; Authority cited: Section 50406(n), Health and Safety Code. Reference: 24
C.F.R Secfions 576.61 and 576.67.
History
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004. No, 29).
Page 496.132
Register 2004, No. 29; 7-16-2004
Title 25
Department of Housing and Community Development Programs
^ 8432
§ 8419. Audit Requirements.
(ii) Private nonprolil organizations must stihmil audits to the Depart-
ment for review and approval. Tiiese audits must comply with OMB Cir-
cular A-133. See 24 C.F.R. 576.57(g).
(b) Units of general local government must submit audits to the l)e-
[lartmenl lor review and approval. These audits must comply with 24
C.F.R. Part 44 as set forth in 24 C.F.R. Part 45.
(c)The Department may also periodically request that a State recipient
be audited.
NcTti:; Authority cited: Section 50406(n). Health and Safety Code. Reference: 24
C.F.R. Sections 576.57 and 576.61 ; 24 C.F.R. Parts 44 and 45.
HlSlORY
1. New section filed 7-14-2004: operative 8-1.^-2004 (Register 2004, No. 29).
§ 8420. Sanctions.
The Department may impose sanctions, as well as any other remedies
available to it under law, on a Stale recipient for failure to abide by any
state and federal laws and regulations applicable to the FESG program.
Such sanctions include:
(a) Conditioning a future Grant on compliance with specillc laws or
regulations;
(b) Directing a State recipient to stop incurring costs undcrlhe current
Grant:
(c) Requiring that some or all of the Grant amount be remitted to the
Depart tnent;
(d) Reducing the amount of Grant funds a State recipient would other-
wise be entitled to receive: and/or
(e) Electing not to award future Grant funds to a State recipient until
appropriate actions are taken by the State recipient to ensure compliance.
Not f:: Authoritv cited: Section 50406(n). Health and Safety Code. Reference: 24
C.F.R. Sections 576.61 and 576.67.
History
1. New section tiled 7-14-2004: operative 8-l,V2004 (Register 2004, No. 29).
§ 8421. Other Federal Requirements.
State recipients shall abide by all applicable local, state, and federal
laws pertaining to the FESG program, including, but tiot limited to, all
other applicable federal laws cited in 42 U.S.C. sections 11371-11378
and 24 C.F.R. Part 576.
NOTF.: Authority cited: Section 50406(n), Health and Safety Code. Reference: 24
C.F.R. 576.61.
History
1. New .section tiled 7-14-2004: operative 8-I.V2004 (Register 2004, No. 29).
Subchapter 21. Enterprise Zone Program
Article 1. General
§ 8430. Purpose and Scope.
These regulations implement and interpret Chapter 1 2.8 (commencing
with Section 7070) of Division 7 of Title 1 , Government Code, which es-
tablishes the Enterprise Zone Act; and Sections 17053.74(c) and
23622(c) of the Revenue and Taxation Code.
NOTI-: Authority cited: Sections 7086(a) and (d). Government Code: and Sections
1705.^.74(0(1) and 23622.7(c)(1), Revenue and Taxation Code. Reference:
Chapter 12.8 (commencing with Section 7070) of Div. 7, Title 1, Government
Code: and Sections 17053.74(c) and 23622.7(c), Revenue and Taxation Code.
History
1. New subchapter 21 (articles 1-2) article 1 (sections 8340-8431) and section
filed 9-30-2004 as an emergency; operative 9-30-2004 (Register 2004, No.
40). This emergency regulation will remain in effect for 360 days from the date
of filing pursuant to Government Code section 7086, subdivision (d). A Certifi-
cate of Compliance must be transmitted to OAL by 9-25-2005 or emergency
language will be repealed by operation of law on the following day.
2. Fditorial correction of History 1 (Register 2005, No. 2).
3. Certificate of Compliance as to 9-30-2004 order transmitted to OAL
8-16-2005 and filed 9-27-2005 (Register 2005. No. 39).
4. Change without regulatory effect amending subchapter 21 heading filed
4-24-2006 pursuant to section 100, title 1, California Code of Reeulations
(Register 2006, No. 17).
§8431. Definitions.
The following definitions shall apply to this Subchapter. LJnlcss (he
context clearly requires otherwise, terms not defined herein shall ha\e
the meanings set forth in Chapter 12.8 of 131 vision 7 of the Go\ernmenl
Code, commencing with Section 7070, or Revenue and Taxation Code
Sections 23622.7 and 17053.74, as ainended from time to time. Refer-
ences to code sections refer to the sections of these regulations unless
otherwi.se noted.
(a) "Act" shall mean Chapter 12.8 (cotnmencing with Section 7070)
of Division 7 of Title I , Government Code.
(b) "Certificate" or "voucher" ineans the certification described in
subdivision (c)( 1 ) of Revenue and Taxation Code Sections 17053.74 and
23622.7. This document shall contain all the inforination required by
Section 8464 in a format provided by the Department.
(c) "Department" ineans the Deparlinent of Housing and Commtmiiy
Developinent.
(d) "Enterprise Zone" or "zone" means the saine as defined in subdivi-
sion (d) of Government Code Section 7072.
(e) "Enterprise Zone Manager" or "zone manager" tneans the person
or position designated by an enterprise zone governing body io adminis-
ter its enterprise zone prograin. including the issuing of vouchers.
(0 "Memorandum of Understanding" or "MOU" means an agreement
between an enterprise zone and the Department identifying the start date
of tax credits in the zone, listing the terms and conditions that the zone
must fulfill during the life of the zone, and any amendinents thereto in-
cluding, but not liinited to. any terms and conditions for compliance with
any audit agreement.
(g) "Qualified Einployee" means a "qualified employee" as deilned in
subdivision (b)(4)(A) of Revenue and Taxation Code Sections 17053.74
and 23622.7.
(h) "Remittance Form" means the form described in subsection (b) oi
Section 8433.
(i) "Voucher" means the same as "Certificate."
NOTE: Authority cited: Sections 7086. Government Code: and Sections
17053.74(c)(1) and 23622.7(c)(1), Revenue and Taxation Code. Releience: .Sec-
tions 7072. 7076, 7076.1 and 7086. Government Code; and Sections 17053.74(0
and 23622.7(c), Revenue and Taxation Code.
FIlSTORY
1 . New section filed 9-30-2004 as an emergency; operative 9-30-2004 { Register
2004, No. 40). This emergency regulation will remain in effect for 360 days
from the date of filing pursuant to Government Code section 7086. subdivision
(d). A Certiticate of Compliance must be transmitted to OAL hy 9-25-2005 or
emergency language will be repealed by operation of law on the follow ing day.
2. Editorial correction of History 1 (Register 2005, No. 2).
3. Certificate of Compliance as to 9-30-2004 order, includine amendment of sub-
section (f), transmitted to OAL 8-1 6-2005 and filed 9-27-2005 ( RcLnster 2005.
No. 39).
4. Amendment of.section and NoTt filed 1 1-27-2006; operative 1 1-27-2006 pur-
suant to Government Code section 1 1 .^43.4 (Register 2006, No. 48).
Article 2. Department Application Fees
§ 8432. Amount of Department Fee.
(a) Commencing on November 1 , 2004, each enterprise zone shall re-
mit to the Department a fee of $ 10.00 for each application for a Certifi-
cate that it accepts. The enterprise zone may collect this fee at the time
it accepts an application for processing. The fees shall be remitted pur-
suant to the procedures set forth in Section 8433.
(b) The Department may adjust the per-application fee from time to
time, pursuant to the Administrative Procedure Act. to ensure thai fees
collected meet, but do not exceed, the Department's costs of administer-
ing the Act. In no case shall the per-application fee exceed $ 1 0. Prior to
any such adjustment, the Department shall notify all enterprise zones.
NOTE: Authority cited: Sections 7086(a) and (d), Government Code; and Sections
17053.74(c)(1) and 23622.7(c)( I), Revenue and Taxation Code. Reference: .Sec-
tions 7076(c) and 7086(d), Government Code; and Sections 17053.74(o( 1 ) and
23622.7(c)(1), Revenue and Taxation Code.
History
1 . New article 2 (sections 8342-8435 ) and section filed 9-30-2004 as an emergen-
cy; operative 9-30-2004 (Register 2004, No. 40). This emergency regulation
will remain in effect for 360 days from the date of filing pursuant to Government
Page 496.133
Register 2006, No. 48; 1 2 - 1 - 2006
§ 8433
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Code section 7086, subdivision (d). A Certificate ofCompliance imisi be tians-
miiied lo OAL by 9-25-2005 oremergency language will be repealed by opera-
lion of law on tiie following day.
2. Fidilorial correction of Hisiory 1 (Register 2005, No. 2).
3. Certificate of Compliance as to 9-30-2004 order transmitted to OAL
8-16-2005 and filed 9-27-2005 (Register 2005, No, 39).
§ 8433. Procedure for Remittance of Department Fees.
(a) No later than the 2,'^th day of December 2004, and on the 25ih day
of each month thereafter, each enterprise zone shall file a completed Re-
mittance Form with the Department for the fees collected during the pre-
ceding tnonth. An enterprise zone shall file a Remittance Form even if
no applications were accepted during the preceding month.
(b) The Remittance Form shall be provided by the Department and
shall inform the enterprise zone that the fees are being collected to reim-
burse the Department for the costs of its administration of the Act. and
shall include instructions for returning the completed Remittance Form.
The Remittance Form shall request the following information: ( 1 ) dale
submitted; (2) name of the enterprise zone; (3) the enterprise zone contact
person, telephone number and e-mail address; (4) total number of ap-
plications accepted for the preceding month; and (5) the total amount of
funds being remitted.
(c) Each enterprise zone shall remit to the Department, along with the
completed Remittance Form, a single check, made payable to the Depart-
ment of Housing and Community Development, in a dollar amount equal
to the then current per-application fee established by the Department
pursuant lo Section 8432 rnultiplied by the number of applications ac-
cepted for the month being reported.
NOTE: Authority cited: Sections 7086(a) and (d). Government Code: and Sections
17053.74(c)(1) and 23622. 7(c)(l ), Revenue and Taxation Code. Reference: Sec-
tions 7076(c) and 7086(d), Government Code: and Sections 17053.74(0(1) and
23622.7(c)(1). Revenue and Taxation Code.
History
1 . New section filed 9-30-2004 as an emergency; operative 9-30-2004 (Register
2004, No. 40). This emergency regulation will remain in effect for 360 days
from the date of filing pursuant to Government Code section 7086. subdivision
(d). A Certificate of Compliance must be transmitted to OAL by 9-25-2005 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2005. No. 2).
3. Certificate of Compliance as to 9-30-2004 order transmitted to OAL
8-16-2005 and filed 9-27-2005 (Register 2005, No. 39).
§ 8434. Noncompliance.
If the Department determines that an enterprise zone has failed to com-
ply with the requirements of this Article it may:
(a) Suspend any discretionary services rendered lo the enterprise zone
including, but not limited to, processing of expansion requests or re-
quests to extend the enterprise zone designation; and
(b) Issue a determination that the enterprise zone is failing for purposes
of Government Code Section 7076. 1 , without further audit of the enter-
prise zone's operations.
NOTE: Authority cited: Sections 7086(a) and (d). Government Code; and .Sections
17053. 74(c)(l ) and 23622. 7(c)(l ), Revenue and Taxation Code. Reference: Sec-
tions 7076(c), 7076.1 and 7086(d), Government Code; and Sections
17053.74(c)(]) and 23622.7(c)(1), Revenue and Taxation Code.
Hlstory
1 . New section filed 9-30-2004 as an emergency: operative 9-30-2004 (Register
2004, No. 40). This emergency regulafion will remain in effect for 360 days
from the date of filing pursuant to Government Code section 7086, subdivision
(d). A Certificate of Compliance must be transmitted to OAL by 9-25-2005 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2005, No. 2).
3. Certificate of Compliance as to 9-30-2004 order, including amendment of first
paragraph and subsection (a), transmitted to OAL 8-16-200 5 and filed
9-27-2005 (Register 2005, No. 39).
Article 3. Enterprise Zone Designation
Process — General
§ 8439. Definitions.
In addition to the definitions contained in Government Code section
7072, the following definitions shall apply only to the regulations con-
tained in Articles 3-13 of this subchapter. Furthermore, as used in Ar-
ticles 3-12, the term "Agency" shall mean the Department of Housing
and Community Development.
(a) "Act" means the Enterprise Zone Act, Govermnent Code section
7070 el seq.
(b) "Applicant" means a city, county, or city and county that submits
an application to the Agency to have a geographical area, including an
area within its Jurisdiction, designated as an enterprise zone under the
provisions of the Act.
(c) "Application" means the written application submitted to the
Agency pursuant to either article 6 or article 7 of this subchapter.
(d) "Application area" means the geographical area consisting of the
eligible area and commercial and/or industrial area contained in a prelim-
inary or final application.
(e) "Block" means the lowest level in the hierarchy of census geogra-
phy whereby census data is collected by the United States Departinent of
Commerce, Bureau of the Census.
(f) "Block group" means a combination of blocks that is a subdivision
of a census tract.
(g) "Census maps" means the Block Statistics Maps published by the
United States Department of Commerce, Bureau of the Census.
(h) "Census tract" means a small statistical subdivision of a county
whereby census data is collected by the United States Department of
Commerce. Bureau of the Census.
(i) "Commercial area" means a geographic area within which at least
5 1 % of the land area is zoned commercial by the city, county or city and
county.
(j) "Conditional designation" ineans designation by the Agency of a
final applicant's appUcation area as an enterprise zone, subject to the fi-
nal applicant's completion of the conditions necessary for final designa-
tion specified in the section 844,5 conditional designation document.
(k) "Decennial census" means the population survey of the United
States conducted every ten years by the United States Department of
Commerce, Bureau of the Census.
(/) "Designation process" means all steps required for final designa-
tion, including eligibility, preliininary application, final applicafion, con-
diuonal designation and final designation, identified in section
8439.1(c).
(m) "Distressed area" means a geographic area that either ( 1) meets the
requireiTients of section 8440.2, or (2) is contained in an approved peti-
tion.
(n) "Eligible area" means, except for an SB 1438 zone, a geographic
area that meets the requirements of secfion 8440.4 and is a distressed
area. An eligible area for an SB 1 438 zone is one which meets the require-
ments of sections 8440.1 and 8440.3.
(o) "Enterprise zone" means an application area contained in an appli-
cation awarded final designation status by the Agency.
(p) "Final applicant" means a preliminary applicant selected by the
Agency to complete a final application.
(q) "Final application" means the written application submitted lo the
Agency pursuant to article 7 of this subchapter.
(r) "Final designation" means that the final applicant with condifional
designation status has been mailed written nofification from the Agency
that it has completed, to the satisfaction of the Agency, all conditions of
the conditional designation and that designation of the final applicant's
application area as an enterprise zone is final and complete.
(s) "Industrial area" means a geographic area within which at least
5 1 % of the land area is zoned industrial by the local jurisdiction.
(t) "Infrastructure" means the physical systems and services which
support development and people, including, but not limited to, streets,
and highways, transit services, airports, and water and sewer systems.
(u) "Peution" means a written request submitted to the Agency by a
city, county, or city and county for a finding that a geographic area within
its jurisdiction qualifies as a distressed area.
(v) "Petition area" means the geographic area identified in a petition.
(w) "Preliminary applicant" means a city, county, or city and county
that is preparing or has prepared a preliminary appHcation.
Page 496.134
Register 2006, No. 48; 12-1-2006
Title 25
Department of Housing and Community Development Programs
^ 8439
(x) "Preliminary application" means ihc written application siibinitted
10 the Agency pursuant to article 6 of this subchapter.
(y) "SB 1438 zone" means the process tor designation of two enter-
prise zones which, in addition to compliance with the requirements lor
designation of an enterprise zone, meet the eligibility requirements con-
tained in section 8440.3.
(z) "Small city" means a California city with a population less than
25.000 as of December 3 1 . 1992.
(aa) "Small city enterprise zone" means the process for designation of
two small cities as enterprise zones from applications received on or be-
fore June 30. 1994.
NOTf:: Authoritv cited: Sections 7073. 7076. and H)'A5. Governnieni Code. Refer-
enee: Sections 7071, 7073. 7073.9. 7076 and 708,^. Governnieni Code
History
1 . New section tiled 4-2-90 as an emergency: operali ve 4-2-90 ( Regisiei 90. No.
14), A Ceilifieale of Compliance iiuist be transmitted to OAL within 1 SI) ilays
oreniereenev language will be repealed tin 10-1-90. hor prior hisloi'\. see Re'j-
isler87rNo.'2.
2. Ceilifieale of Complianee as to 4-2-90 order inekidine amendment iransmnted
to OAL 9-27-90 and filed 10-29-90 (Register 90, No. SO).
3. Change without regulatory effect amending seetit)n filed 2-7-94 pursuant to
title 1. section 100. Calitornia Code of Regulations (Register 94. No 6)
[The next page is 496.134.
Page 496.134(a)
Register 2(X)6, No. 48; 12- 1 -2(X)6
Title 25
Department of Housing and Community Development Programs
i^ 8439.3
4. Aiiicndiiiciii ol subsections (;i). (c), (g). (h). (k) jnd Norr and new siibseclions
(y ) and (/) Hied S-24-S)4 as an emergency; operative 3-24-94 (Register 94. No.
2 1 ). A Ceililicaie ofConipliancc must be transmitted to GAL by 1 1-21-94 pur-
suant [o Government Code section 7076 or emergency language will be re-
pealed by operation ot law on the following day.
5. Reinslatemcnt of section as it existed prior to emergency amendment tiled
2-6-9.-S by operation ol Government Code section 1 1346.1(1") (Rcsister 95. No.
6).
6. Amendnicni ol subsections (a), (e), (g). (h). and (k ). new sub.sections (y)and (z).
and amendment ol'Nori Hied .3-14-95; operative 3-14-95 pursuant toGovem-
ment Code section ! 1343.4(d) (Register 95. No. 1 1 ).
7. Amendment ol'subsections (/) and (n). new subsection (y). subsection reletter-
ing and aiiiendmenlol'NoTi filed 7- 1 0-95 as an emergency; operative 7- 1 0-95
( Register 95. No. 28). A Cenificate ol'Compliance must be transmitted to OAL
by 12-7-95 or emergency language will be repealed by operation ol'law on the
tbllowing day.
S. Hdilorial coneclion of History 7 (Register 95. No. 42).
9. Ceililieate olCompliance as to 7-1 0-95 order transmitted lo OAL 9-1 2-95 and
tiled 10-18-95 (Register 95, No. 42).
10. Change without regulatory effect movingtitle 10. chapter 7.8. amides 1-lOto
title 25. division I . chapter 7. subchapter 2 I . ailicles 3-1 3; amending newly des-
ignated article 3 heading; renumbering section 5600 to section 8439 and amend-
ing section and Not i filed 7- 1 9-2005 pursuant to section 1 00. title 1 . California
Code of Regulations (Register 2005. No. 29).
§ 8439.1 . Enterprise Zone Designation Process.
(a) The regulations contained in this chapter govern the establishment
of enterprise zones pursuant to the Enterprise Zone Act. Government
Code sections 7070 et seq.
(b) The Agency shall designate a ma.vimum of twenty-five (25) enter-
prise /ones, in addition to two small cities enterprise zones and two
SB 1438 zones. Pursuant to Government Code section 7073.9, the
Agency shall designate two small cities enterprise zones. Pursuant to
Government Code section 7073.7. the Agency shall designate two
SB 1438 zones. The four shall be in addition to the 25 previous desig-
nated. Except for the small cities and SB 1438 designations, the Agency
shall select a maximum of twenty (20) preliminary applications during
each designation process to complete a final application, and from the fi-
nal applications, the Agency shall designate up to eight (8) enterprise
zones during each designation process. The Agency shall select a maxi-
mum o\' five (5) preliminary applications for designation of small cities
enterprise zones and SB 1438 zones, and shall conditionally designate
two of the final applicants.
(c) The Agency shall designate an application area as an enterprise
zone provided each of the following requirements is satisfied;
( 1 ) A city, county or city and county submits a preliminary application
to the Agency, or in the case of a small cities enterprise zone, a small city
submits an application;
(2) The application area contains an eligible area and includes:
(A) a commercial area contained within or contiguous to the eligible
area; and/or
(B) an industrial area contained within or adjacent to the eligible area;
( 3 ) The preliminary applicant has been selected by the Agency to com-
plete a final application; and
(4) The Agency has awarded the final applicant both conditional and
final designation status.
Notf;: Authoritv cited; Sections 7073. 7076 and 7085, Government Code. Refer-
ence; Sections 7073. 7073.5. 7073.7. 7073,9 and 7076. Government Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 180 days
oremersency laneuase will be repealed on 10-1-90. For prior history, see Rea-
isler87rNo. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
tide I . section 100. California Code of Regulations (Register 94, No. 6).
4. Amendment of subsections (b) and (c)( 1 ) filed 5-24-94 as an emergency; op-
erative 5-24-94 (Register 94, No. 21). A Certificate of Compliance must be
transmitted to OAL by 1 1-21-94 pursuant to Government Code section 7076
or emergency language will be repealed by operation of law on the following
day.
5. Reinsialemeni of sub.sections (b) and (c)( 1 ) as they existed prior to emergency
amendment I'iled 2-6-95 by operation of Government Code section I 1 346. 1(f)
(Register 95. No. 6).
6. Amendment of subsections (b) and (c)(1) filed 3-14-95; operative 3-14-95
pursuant to Government Code section 1 1343.4(d) (Register 95. No. I I ).
7. Amendment of subsection (b) and Noti: filed 7-10-95 as an en\eigenc> ; opera-
tive 7-10-95 (Register95, No. 28). A Cenificate of Compliance must be trans-
mitted to OAL by 12-7-95 or emergency language will be repealed b\ opera-
tion of law on the following day.
8. Certificate of Compliance as to 7- 1 0-95 order transmiiied to ( )AL 9- 1 2-95 and
filed 10-18-95 (Register 95. No. 42).
9. Change without regulatory effect renumbering title 10. section 5600. 1 to title
25, sel-tion 8439.1 filed 7-19-2005 pursuant to section 100. title I . Calitornia
Code of Regulations (Register 2005. No. 29),
§ 8439.2. Address of Agency.
The following is the Agency tinailing address for any and all cotre-
spondence, applications, petitions, documents, and other materials ct)n-
cerning enterpri.se zones:
r)i;i'ARTMt-;NTO[' HOUSINC ANDCOMMI'NITY DIVIIOI'MINI
riNTCki'Kisi: /ONh i>K(KiiMM ma.na<;i:k
t'.O. UOX i)420S4
SACKAML:nT(), CALIIORNIA 'M2.s2 2ns4
NOTL: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Sections 7071 and 7073, Govemmenl Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within i 80 days
or emergency language will be repealed on 10-1-90. For prior hislorv. see Reg-
ister 87r No. 2,
2. Certificate of Compliance as to 4-2-90 order iransmittetl to OAL 9-27-90 and
filed 10-29-90 (Register 90. No, .50),
3. Change without regulatory effect amending section tiled 2-7-94 pursuant to
title 1. section 100. California Code of Regulations (Register 94. No, 6),
4. Change without regulatory effect amending section heading filed 6- 1 5-94 pur-
suant to title 1, section 1()0. California Code of Regulations (Register 94. No.
24).
5. Change without regulatory effect renumbering title 10, section 5601 to title 25.
section 8439,2 and amending section filed 7-19-2005 pursuant lo section 100,
title 1, California Code of Regulations (Register 2005, No. 29).
§ 8439.3. Enterprise Zone Application Handbooks;
Application Dates.
(a) The Agency shall prepare a handbook entitled "Enterpri.se Zone
Preliminary Application Handbook" that will be mailed to all persons
and entities who have requested receipt of a preliminary application, in
the case of the small cities enterprise zone designation, the handbt)ok
shall be mailed to all small cities. The Enterprise Zone Preliminary
Application Handbook shall contain the following:
(1 ) All due dales for the preliminary application;
(2) A description of the designation process:
(3) The scoring criteria and method employed by the Agency in eva-
luating preliminary applications; and
(4) The preliminary application form.
(b) The Agency shall prepare a handbook entitled "Enterprise Zone Fi-
nal Application Handbook" that will be mailed to all final applicants. The
Enterprise Zone Final Application Handbook shall contain the follow-
ing:
( 1 ) All due dates for the final application;
(2) A description of the designation process;
(3) The scoring criteria and method employed by the Agency in eva-
luating final applications; and
(4) The final application form.
NOTE: Authority cited: Sections 7073 and 7076, Government Code, Reference:
Sections 7073 and 7073.9, Govemmenl Code.
History
1 . New section tiled 4-2-90 as an emergency ; operative 4-2-90 ( Register 90. No,
14), A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 1 0- 1 -90, For prior history , see Rciz-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No, 50).
3. Change without regulatory effect amending subsections (a), (b) and (b)(3) filed
2-7-94 pursuant to title 1, section 100, California Code of Regulations (Regis-
ter 94, No. 6),
Page 496.135
Register 2005, No. 29; 7-22-2005
§ 8439.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
4. Amendment ot'subsection (a) and N( m: filed 5-24-94 as an emergency: opera-
live 5-24-94 (Register 94. No. 2 1 ). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-21-94 pursuant to Government Code section 7076 or
emergency language will be repealed by operation of law on the follow ing day.
5. Reinstatement of subsection (a) and NoTt: as they existed prior to emergency
amendment filed 2-6-95 by operation of Government Code section 1 1 .146. 1 (f)
(Register 95. No. 6).
6. Amendment of subsection (a) and NoTi: filed 3-14-95; operative 3-14-95 pur-
suant to Government Code section 1 1343.4(d) (Register 95. No. 1 1 ).
7. Change without regulatory effect renumbering title 10. section 5601.1 to title
25. section 8439.3 filed 7-19-2005 pursuant to .section 100. title I. California
Code of Regulations (Register 2005. No. 29).
§ 8439.4. Application Area; Prohibition Against Changes.
(a) Each preliminary atid final application shall include one. and only
one, application area, consisting of one eligible area and one industrial
and/or one commercial area. The commercial area shall be contiguous to
or contained within the eligible area and shall have continuous bound-
aries. The industrial area shall be either contained within or adjacent to
the eligible area and shall have continuous boundaries. As used in this
Section, "adjacent" means eligible area residents can be expected to seek
employment in the industrial area based upon historic employment prac-
tices.
(b) The application area identified in a preliminary application shall
not be changed in the final application except as specified in section
8443.1.
NOTE; Authority cited: Sections 7073 and 7076, Government Code. Reference:
Sections 7071, 7073 and 7076. Government Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 10-1-90. For prior history, see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect renumbering fitle 10, section 5601.2 to title
25, section 8439.4 and amending secfion and NoTt: filed 7-19-2005 pursuant
to secfion 100, title 1 , California Code of Regulations (Register 2005, No. 29).
Article 4. Eligible Areas
§ 8440. Identification of Eligible Area; Eligibility Criteria.
(a) Except for an SB 1438 zone, an ehgible area shall meet the require-
ments set forth in section 8440,1 and the entire geographic area shall:
( 1) Meet the criteria for a distressed area contained in section 8440.2
and/or
(2) Comply with article 5 of this subchapter.
(b) An SB 1438 zone eligible area shall meet the requirements set forth
in section 8440.1 and 8440.3.
NOTE: Authority cited: Sections 7073. 7076 and 7085, Government Code. Refer-
ence: Section 7073, Government Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 10-1-90. For prior history, see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Amendment of section and Note filed 7-10-95 as an emergency; operative
7 - 1 0-95 (Register 95, No. 28). A Certificate of Compliance must be transmitted
to OAL by 12-7-95 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 7-10-95 order transmitted to OAL 9- 1 2-95 and
filed 10-18-95 (Register 95. No. 42).
5. Change without regulatory effect renumbering fitle 10, section 5602 to title 25,
section 8440 and amending section and Note filed 7-19-2005 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2005, No. 29).
§ 8440.1. Continuous Boundaries; Area Population.
An eligible area shall consist of census tracts, block groups, or enu-
meration districts with continuous boundaries, and shall contain a popu-
lation of at least 2,500 persons (based upon the most recent decennial
census).
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Reference:
Section 7073. Government Code.
History
1. New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within
ISOdays or emergency language will be repealed on 10-1-90. For prior history.
see Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect renumbering title 10. section 5602.1 to title
25. section 8440.1 and amendins Note filed 7-19-2005 pursuant to section
100. title 1. California Code of Regulations (Register 2005. No. 29).
§ 8440.2. Distress Criteria.
(a) Each census tract, block group, or enuiTieration district within a
non-petiiion distress area must meet at least three (3) of the distress crite-
ria listed below:
( 1 ) The net increase in per capita income between 1 969 and 1 983 was
$8,203 or less;
(2) The average rale of unemployment for both 1984 and 1985 was 9%
or more:
(3)Thepercent of persons below the poverty level in 1980 was 12.4%
or more; or
(4) At least 70% of the households had income below 80% of median
county household income during 1980.
(5 ) The area is within a jurisdiction declared a disaster area by the Pres-
ident of the United Stales within the last seven years.
The Agency shall provide applicants with the above-referenced data
for each census tract, block group, or enumeration district using informa-
tion prepared by the Department of Finance.
(b) To determine qualification under subsection (a)(1) above, infor-
mation for the entire county shall be used if the same census tracts or enu-
meration districts are not available for the last two decennial censuses.
In such cases, if the county qualifies, all census tracts or enumeration dis-
tricts within that county qualify. For areas where census tracts are not
available, enumeration districts shall be used.
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within ISOdays
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmiued to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsection (a)(4) filed 2-7-94 pur-
suant to title 1, secfion 100, California Code of Regulations (Register 94. No.
6).
4. Amendment of subsecfions (a)(l)-(2) and (a)(5) and Note filed 5-24-94 as an
emergency; operative 5-24-94 (Register 94, No. 21). A Certificate of Com-
pliance must be transmitted to OAL by 1 1-2 1 -94 pursuant to Government Code
section 7076 or emergency language will be repealed by operafion of law on the
following day.
5. Reinstatement of subsections (a)( 1 )-(2), (a)(5) and Note as they existed prior
to ememency amendment filed 2-6-95 by operafion of Government Code sec-
fion 113^46.1(0 (Register 95, No. 6).
6. Amendment of subsections ta)( 1 )-(2), (a)(5) and Note filed 3-1 4-95; operafive
.V14-95 pursuant to Government Code secfion 1 1343.4(d) (Register 95, No.
11).
7. Change without regulatory effect renumbering fitle 10, secfion 5602.2 to fitle
25. section 8440.2 and amendina Note filed 7-19-2005 pursuant to section
1 00. title 1 , California Code of Regulafions (Register 2005, No. 29).
§ 8440.3. SB1 438 Zone Eligible Area.
(a) "Area", as used in this section, means the county for a census tract
outside a city, and the city for a census tract within a city. Therefore, in
subsection (b)( 1 ), "unemployment rate for the area" means that rate with-
in the city if the census tract is in a city, otherwise it means the rate for
the county.
(b) Each census tract within the SB1438 zone eligible area shall com-
ply with a minimum of two of the following:
(1 ) The unemployment rate in the area has been twice the unemploy-
ment rate for the State of California in each of the years 1990 through
Page 496.136
Register 2(X)5, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
i:j8441.3
1994, inclusive, based upon figiu-es provided by ihe Econon\ic Develop-
nieni Department.
(2) The 1990 median household income for each census trad is less
than 90 percent oC the 1990 median household income i'or the county in
which the census trad is located, based upon figures provided by the De-
partment of Finance Demographics Unit.
( 3 ) The area has experienced at least an eight percent increase in popu-
lation per year in both 1993 and 1994 while employment in the area has
increased less than eighl percent per year in 1993 and 1994, based upon
figures provided by the Economic Development Department. In calculat-
ing the increase, if 1992 population was 100.000. then population in 1 993
musi be al leasl 108,000. and in 1994 at least 1 16,640.
NOTl.: Authoriiy cilcd: .Sections 7073, 7076 and 7085. Government Code. Kcler-
ciicc: Section 7073, Govemincnl Code.
History
1. New section lllcd 7-10-95 as an emergency: operative 7-10-95 (Register 95.
No. 28). A Certificate ofCompliance must be transmitted lo OAL by 12-7-95
or eniersiencv ianeuaee will be repealed by operation of law on the following
day.
2. Cerlilleate ofCompliance as to 7- 1 0-95 order transmitted to OAL 9- 1 2-95 and
llled IO-IX-95 (Register 95. No. 42).
3. Change without regulatory effect renumbering title 10. .section 5602.3 to title
25. section 8440.3 and amending Noti. filed 7-19-2005 pursuant to section
100. title I . California Code of R'eeulations (Reeister 2005. No. 29).
Article 5. Eligible Area Petition Process
§ 8441 . Petition Area as an Eligible Area.
(a) If the petition area does not comply with the distress criteria speci-
fied in section 8440.2. the petition area shall qualify as a distressed area,
provided the petition area meets the requirements of one of the following
sections: section 8441.2. section 8441.3 or section 8441.4.
(b) The petition shall contain all of the following information:
( 1 ) A description and identification of the exact location and the spe-
cific boundaries of the petition area, together with the population data for
ihe petition area.
(2) All data and information in support of the contention that the peti-
tion area meets the requisite distress criteria set forth in one of the follow-
ing sections: 8441.2. 8441.3, or 8441.4.
(3) All data and information in support of the contention that the eligi-
ble area meets the requirements of section 8440. 1.
Notli. Authority cited: Sections 7073 and 7076. Government Code. Reference:
Section 7073. Government Code.
History
1. New section tiled 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 14). A Certificate ol Compliance must be transmitted to OAL within 180
days oremereencv lansuaac will be repealed on 10-1-90. t^or prior history, see
Register 87. No. 2.
2. Change without regulatory effect renumbeiing title 10, .section 5604 to title 25.
section 8441 and amending section and Non: filed 7-19-2005 pursuant to sec-
tion 100. title 1. California Code of Regulations (Register 2005, No. 29).
§ 8441 .1 . Petition; Time for Submission.
(a) A city, county, or city and county shall be authorized to submit a
written petition to the Agency for a finding that a geographic area within
its jurisdiction qualifies as a distressed area.
(b) Except for a small cities enterprise zone petition, the petition shall
be received by the Agency on or before the sixtieth (60th) day prior to the
date that the preliminary applications are due to the Agency. Petitions un-
der the small cities enterprise zone program shall be received by the
Agency by the preliminary application due date. The Agency shall not
accept any petition that is received after the petition due date.
(c) The Agency shall publish the due date for petitions in the Enterprise
Zone Preliminary Application Handbook.
NoiT: Authoriiy cited: Sections 7073 and 7076. Government Code. Reference:
Sections 7073 and 7073.9. Government Code.
HtSTORY
1. New .section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 14). A Certilicate ofCompliance must be transmitted to OAL within 180
davsoremergenev language will be repealed on 10- 1-90. for prior hisiois. see
Register 87, No. 2.
2. Certificate ofCompliance as to 4-2-90 order transmitted to OAL 9-27 90 and
filed 10-29-90 (Regi.ster 90. No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1 , section 100, California Code of Regulations (Register 94. No. 6).
4. Amendment of subsection (b) and NoTi tiled 5-24-94 as an einergenc\ : opera-
tive 5-24-94 ([Register 94, No. 21 ). A Cenilicate of Compliance must be iiaiis-
milted to OAL by I 1-21-94 pursuant to Government Code section 7076 or
emergency language will be repealed by operation of law on the lollov\ing day.
5. Reinstalemenl of subsection (b) and Non as they existed prior to emergency
amendment filed 2-6-95 by operation ot Government Code section I 1 346. 1(f)
(Register 95. No. 6).
6. Amendment of subsection (h) and N(rri filed 3- 1 4-95; operative 3-14-95 pur-
suant to Government Code .section I 1343.4(d) (Register 95. No. 1 I ).
7. Change without regulatory effect renumbering title 10. section 5605 to title 25.
section 8441.1 and amending Ncni: filed 7-19-2005 pursuant to section 100.
title 1. California Code of Regulations (Register 2005. No. 29).
§ 8441 .2. Plant Closures.
(a) A petition area shall qualify as a distressed area if the pelilion area
has experienced a plant closure or closures causing the unemployment
of at least 100 full-time workers from the plant(s) within the twenty-four
(24) months prior to the filing of the petition.
(b) For purposes of this section, the following definitions shall apply:
(1) "Plant" means a business that manufactures, processes, combines
or otherwise fabricates a product, and includes a military base: and
(2) "Full-time" means employment which when aggregated with re-
spect to one or more employees totals at leasl one thousand seven
hundred and fifty (1,7.50) hours per 12-month period.
(c) The city, county, or city and county shall attach lhedt)cuments thai
support its contention that the petition area is a distressed area under the
provisions of this section including:
( J ) The name and address of closed piant(s);
(2) The number of full-time plant workers who became unemployed
as a result of the closure of the pkmt(s); and
(3) The date the planl(s) closed.
NOTl:: Authority cited: Sections 7073 and 7076, Government Code. Reference:
.Section 7073. Government Code.
History
1. New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90,
No. 14). A Certificate ofCompliance must be transmitted to OAL within 180
days or emergency lansuasze will be repealed on 1 0- 1 -90. Lor prior histt)i \ . sec
Register 87. No. 2. " "
2. Certilicate ofCompliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect renumbering title 10, section 5605.1 to title
25. section 8441.2 and amending Non: filed 7-19-2005 pursuant to section
100. title 1 . Califomia Code of Regulations (Register 2005. No. 29).
§ 8441.3. Substantially Similar Conditions of Economic
Distress.
A petition area shall qualify as a distressed area if at least 5 1 '/< of the
population or the geographic area within the petition area complies w ith
the provisions of section 8440.2. The remaining portion of the population
or the geographic area within the petition area shall meet a minimum of
three (3) economic distress criteria. At least one ( I ) of the three (3) crite-
ria shall be an economic distress criteria specified in section 8440.2. The
remaining criteria shall meet the criteria set forth below.
(a) The percentage of aid to families with dependent children ( AFI^C)
recipients residing in the petition area is one hundred and twenty percent
(120%) or more of the percentage of AFDC recipients residing in the
State of Califomia and in the county within which the petition area is lo-
cated. For the purposes of this subsection, the following data shall he uti-
lized in calculating the percentage of AFDC recipients residing in the pe-
tition area, the State and the county:
(1 ) The number of resident AFDC recipients shall be based upon the
most recent annual data compiled by the State Department of Social Ser-
vices; and
(2) The total number of residents shall be based on the most recent de-
cennial census data prepared by the United States Department of Com-
merce, Bureau of the Census;
Page 496.137
Register 2005, No. 29; 7-22-200.'i
S 8441.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(b) The percentage ot'counly general relief program recipienis resid-
ing in ilie petition area is one hundred and twenty percent ( i 20''7f ) or more
otthe percentage of general relief program recipienis residing in the State
of California and in the county within which the petition area is located.
For the purposes of this subsection, the following data shall be utilized
in calculating the percentage of general relief recipients residing in the
petition area, the Slate and the county:
(1) The number of resident general relief recipients shall be based
upon the most recent annual data compiled by the State Department of
Social Services; and
(2) The total number of residents shall be based on the most recent de-
cennial census daia prepared by the United Stales Department of Com-
merce, Bureau of the Census;
(c) The most recent one year high school drop-out rate for school age
children residing in the petition area is one hundred and twenty percent
( 1 20% ) or more of the most recent one year high school drop-out rale for
school age children residing in the State of California and in the county
within which the petition area is located. The petition area drop-out rate
is available from the local unified school district. The State and county
drop-out rates shall be contained in the Enterprise Zone Preliminary
Application Handbook.
(d) The population of the petition area meets the population loss crite-
ria (also referred to as "population lag/decline") identified by the most
recent Urban Development Action Grant guidelines published by the
United States Department of Housing and Urban Development as of the
date the preliminary applications were mailed by the Agency.
(e) The most recent annual percentage of persons residing in the peti-
tion area below the poverty rate is one hundred and twenty percent
( 1 20%) or more of the most recent annual poverty rate for ihe persons re-
siding in the State of California. The Slate poverty rate shall be contained
in the Enterprise Zone Preliminary Application Handbook.
(f) The most recent annual unemployment rate for persons residing in
the petition area is one hundred and twenty percent ( 120%) or more of
the most recent annual unemployment rate for the persons residing in the
State of California and in the county in which the petition area is located.
The State and county unemployment rates shall be contained in the Enter-
prise Zone Preliminary Application Handbook.
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 1 0-1-90. For prior history, see Reg-
isier87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsections (a)(2) and (b)(2) filed
2-7-94 pursuant to title 1, section 100, California Code of Regulations (Regis-
ter 94, No. 6).
4. Amendment filed 5-24-94 as an emergency; operative 5-24-94 (Register 94.
No. 2 1 ). A Certificate of Compliance must be transmitted to OAL by 11-21 -94
pursuant to Government Code section 7076 or emergency language will be re-
pealed by operation of law on the following day.
5. Rcinstatemenl of section as it existed prior to emergency amendment filed
2-6-95 by operation of Government Code section 1 1 346. 1(1) (Register 95. No.
6).
6. Amendment of subsections (a)(] )-(2), (b)( l)-(2), (c), (e) and (0 filed 3-14-95;
operative 3-14-95 pursuant to Government Code section 1 1343.4(d) (Register
95. No. 11).
7. Change without regulatory effect renumbering title 10, section 5605.2 to title
25, section 8441.3 and amending section and NoTi- filed 7-19-2005 pursuant
to section 100, title 1 , California Code of Regulations (Register 2005, No. 29).
§8441.4. Gang-Related Activity.
(a) A petition area shall qualify as a distressed area if the petition area
has experienced a history of gang-related activity, whether or not crimes
of violence have been committed.
(b) The city, county, or city and county shall attach the documents
demonstrating that the petition area has been identified by the Office of
Criminal Justice Planning for the State of California as a gang activity
area.
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Reference:
Section 7073. Goveniment Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
davsoremcrsencv laneuacc will be repealed on 10-1-90. For prior historv. see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect renumbering title 10. section 5605.3 to title
25. section 8441.4 and amending Note filed 7-19-2005 pursuant to section
100, title I . California Code of Regulations (Register 2005, No. 29).
§ 8441.5. Approval or Denial of Petitions; Finality of
Decisions.
(a) The Agency shall mail a "petition letter" to each city, county, or
city and county that submitted a petition within thiity (30) days after the
date specified in section 8441 . 1 (b) for the filing of petitions. The petition
letter shall inform the city, county, and or city and county that submitted
a petition whether the petition is approved or denied.
(b) If the petition has been denied, the petition letter shall inforin the
city, county, or city and county that submitted a petition of the reasons
for denying the petition. The Agency's decision to deny a petition shall
be final and no further review of the petition shall be conducted by the
Agency.
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days oremereency languase will be repealed on 1 0-1-90. For prior history, see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
utie 1. section 100, California Code of Regulations (Register 94. No. 6).
4. Change without regulatory effect amending subsection (b) filed 6-15-94 pur-
suant to title 1. section 100, California Code of Regulations (Register 94, No.
24).
5. Change without regulatory effect renumbering title 10, secfion 5605.4 to title
25, section 8441.5 and amending secfion filed 7-19-2005 pursuant to section
100, title 1, California Code of Regulations (Register 2005, No, 29).
Article 6. Preliminary Application
Procedure
§ 8442. Jurisdiction over Applications Area.
(a) No city, county or city and county shall participate as an applicant
unless a portion of the proposed application area is within its jurisdiction.
(b) For the purposes of this article, "jurisdiction" means the geograph-
ic area where applicant has authority to enforce ordinances and resolu-
tions.
(c) Each application must include at least one applicant city and/or
county with jurisdiction in the eligible area.
NOTE: Authority cited: Secfions 7073 and 7076. Government Code. Reference:
Section 7073, Government Code.
History
1. New section filed 4—2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
daysoremergency language will be repealed on 10-1-90. For prior history, see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect renumbering title 10. section 5606 to ntle 25.
section 8442 filed 7-19-2005 pursuant to secfion 100. title 1, California Code
of Regulations (Register 2005. No. 29).
§ 8442.1. Information Required.
All preliininary applications shall contain the documents and informa-
tion specified in sections 8442.4, 8442.6, 8442.7, 8442.8, and 8449.3.
NotE: Authority cited: Sections 7073 and 7076, Government Code; and Section
21082. Public Resources Code. Reference: Secfions 7071, 7073 and 7075. Gov-
ernment Code.
History
1. New section filed 4-02-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
Page 496.138
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
§ 8442.6
clavs oicnici'iciicy langiiagc will be repealed on 10-1-90. Fov prioi' history. see
Register S7. No. 2.
2. Ceililleaie orCoinplianee as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
?•. Aniendnienl filed 5-24-94 as an emergeney; operative .S-24-94 (Register 94.
No. 21). ACertii'iealeolConiplianec nuisi be transmitted to OAL by i 1-21-94
piirsuani to Govemment Code section 7076 or emergency language will be re-
pealed by operation of law on the Ibllowing day.
4. Reinstatement t)l section as it existed prior to emergency amendment Tiled
2-6-95 bv operation ol'Government Code section 1 1.^46.1(1) (Reeister 95. No.
6).
5. Amendment filed .^-14-95; operative .i-|4-95 pursuant to Govemtiiont Code
section 1 1343.4(d) (Register 95. No. 1 1 ).
6. Change without regulatory effect renumbering title 10. .section 5606.1 to title
25. section S442.I and amending section filed 7-19-2005 pursuant to section
100. title 1 . California Code of Regulations (Register 2005. No. 29).
^ 8442.2. Notification of Preliminary Application Process.
The Agency shall mail an Enterprise Zone Preliminary Application
Handbook on the first day of the preliininary application time period to
each entity or person who has previously requested receipt of a prelirni-
nary application. In the case of a small cities enterprise zone designation,
the handbook shall be mailed to all small cities on May 30, 1994.
NOTF.: Authority cited: Sections 7073 and 7076. Govemment Code. Reference:
Sections 7073 and 7073.9, Government Code.
History
1. New section tiled 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Cenificate of Compliance must be transmitted to OAL within ISO
daysoremeriiency laneuace will be repealed on 10-1-90. For prior histoi"v, see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
4. Amendment of section and Non: filed 5-24-94 as an emergency; operative
5-24-94 ( Register 94, No. 2 1 ). A Certificate of Compliance must be transmitted
10 OAL by 1 1 -2 1 -94 pursuant to Govemment Code section 7076 or emergency
language will be repealed by operation of law on the following day.
5. Reinstatement of section and NoTi; as ihcy existed prior to emergency amend-
inent tiled 2-6-95 by operation of Government Code section 1 1 346. 1 (f) (Regis-
ter 95. No. 6).
6. Amendment of section and N(ni filed 3-14-95; operative 3-14-95 pursuant
to Government Code .section I 1343.4(d) (Register 95, No. 1 1).
7. Change without regulatory effect renumbering title 10, section 5606.2 to title
25. .section 8442.2 filed 7-19-2005 pursuant to section 100. title I, California
Code of Regulations (Register 2005, No. 29).
§ 8442.3. Preliminary Application Deadline.
(a) Preliminary applications shall be received by the Agency no later
than 5:00 PM on the one hundred and fiftieth (150th) day after the day
the preliminary applications were mailed, except for a small cities enter-
prise zone preliminary application, which shall be due June 30, 1994. The
iTiailing and deadline dates shall be specified in the Enterprise Zone Pre-
liminary Application Handbook.
(b) The Agency shall reject any preliminary application received after
the due date for preliminary applications. The Agency shall inform the
applicant in writing within ten (10) days of receipt of the preliminary
application that the applicant's preliminary application was received af-
ter the due date and was thereby rejected by the Agency.
Non.: Authority cited: Sections 7073 and 7076. Government Code. Reference:
Sections 7073 and 7073.9, Govemment Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emersencv language will be repealed on 1 0-1-90. For prior history, .see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
tiled 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1. section 100, California Code of Regulations (Register 94, No. 6).
4. Amendment of subsection (a) and NoTi- tiled 5-24-94 as an emergency; opera-
tive 5-24-94 (Register 94, No. 21 ). A Certificate of Compliance must be trans-
mitted to OAL by 11-21-94 pursuant to Govemment Code section 7076 or
emergency language will be repealed by operation of law on the following day.
5. Reinstatement of subsection (a) and Noir; as they existed prior to emergency
amendment filed 2-6-95 by operation of Government Code section 1 1 346.1(f)
(Register 95, No. 6).
6. Amendment of subsection (a) and NoTi filed 3-14-95; operative 3-14-95 pur-
suant to Government Code .section 1 1 343.4(d) ( Register 95. No. 1 1 )
7. Change without regulatory effect renumbering title 10. section 5606.3 to title
25. .se'ction 8442.3llled 7-19-2005 pursuant l^o section 100. title 1. California
Code of Regulations (Register 2005. No. 29).
§ 8442.4. Number of Copies; Applicant Name; Principal
Contact Person.
(a) Preliininary applicants shall subinit 6 copies of the preliminary
application, plus 1 signed and clearly identified original, to the Depart-
ment, except for the small cities designation process, for which one origi-
nal and two copies are required.
(b) The preliininary application shall contain:
(1) The name(s) and address(es) of the applicant(s); and
(2) The name, address and phone number olthe principal contact per-
son for the preliminary application.
NOTIZ: Authority cited: Sections 7073 and 7076. Govemment Code. Relcrencc:
Section 7073. Government Code.
HiSIOtfY
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
davs or emergency language will be repealed on 10-1-90. For prior historv. sec
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. .50).
3. Amendment of subsection (a) filed 5-24-94 as an emergency; operative
5-24-94 ( Register 94. No. 2 1 ). A Certificate of Compliance must be transmitted
to OAL by 1 1-21-94 pursuant to Govemnienl Code section 7076 or emergency
language will be repealed by operation of law on the following day.
4. Change without regulatory effect amending subsection (a) filed 6-15-94 pur-
suant to title 1, section 100, California Code of Regulations (Rciiistcr 94. No.
24).
5. Editorial Correction adding History Note 3 and renumbering Historv Note 3 to
4(Register95. No. 6).
6. Reinstatement of subsection (a) as it existed prior to emergency amendment
filed 2-6-95 by operation of Govemment Code section 1 1 346. 1 ( t") ( Register 95.
No. 6).
7. Amendment of subsection (a) filed 3-14-95; operative 3-14-95 pursuant to
Govemment Code section I 1343.4(d) (Register 95, No. 1 I ).
8. Change without regulatorv effect renumbering title 10, .section 5606.4 to title
25. section 8442.4 filed 7-19-2005 pursuant to section 100. title 1. Calift)rnia
Code of Regulations (Register 2005. No. 29).
§ 8442.5. Review Limited to Information in Preliminary
Application.
(a) The Agency shall review preliminary applications based solely
upon the information received by the Agency on or before the due date
for preUminary applications.
(b) The Agency reserves the right to contact preliminary applicants af-
ter the due date for preliminary applications to obtain clarification of sub-
mitted information, but not to obtain additional information.
NOTt-: Authority cited: Sections 7073 and 7076, Government Code; and Section
21082, Public Resources Code. Reference: Sections 7071, 7073, and 7075. Gov-
emment Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 10-1-90. For prior historv. see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1, section 100, Califomia Code of Regulations (Register 94. No. 6).
4. Change without regulatory effect renumbering title 10, .section 5606.5 to title
25. section 8442.5 filed 7-19-2005 pursuant to section 100. title !, California
Code of Regulations (Register 2005, No. 29).
§ 8442.6. Application Area Description.
The preliminary application shall include a description of the applica-
tion area. The description shall include the following:
(a) Documents that show the ex;ict geographic location of the applica-
tion area, including both of the below listed items:
( 1 ) Census maps that show the exact location of the eligible area and
the census tract, block group, or enumeration district numbers assigned
by the United States Department of Commerce, Bureau of the Census;
and
Page 496.139
Register 2005, No. 29; 7-22-2005
§ 8442.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(2) A street map that identifies tlie streets, census tracts. eniMTieration
dislricis and/or block groups that mark the boundaries ol'tiie application
area and the commercial and/or industrial area.
(b) Documents that show that the application area contains an eligible
area. If applicable, attach a copy of the section 844 1 ..S petition letter indi-
cating that the petition was approved.
(c) A copy of both the existing general zoning and land use rnaps for
the application area and area immediately surrounding the application
area, with the eligible, commercial and/or industrial areas clearly identi-
fied.
(d) A statement that the application area includes one industrial area
and/or one commercial area. Application areas containing an industrial
area adjacent to the eligible area shall provide evidence that the industrial
area meets the definition of specifications for adjacent, as set forth in sec-
tion 8439.4(a).
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Sections 7071 and 7073. Government Code.
H [.STORY
1. New section Hied 4-2-90 as an emergency: operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
davs oremergencv lansuaee will be repealed on 10-1-90. For prior histoi^. see
Register 87, No. 2.
2. Certiticate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
tiled 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsection (a)( 1 ) filed 2-7-94 pur-
suant to title 1, section 100, California Code of Regulations (Register 94. No.
6).
4. Change without regulatory effect amending subsection (a)(1) filed 6-1.5-94
pursuant to title 1 . section 1 00. California Code of Resulations ( Register 94. No.
24).
5. Change without regulatory effect renumbering title 10, section 5607 to title 25.
.section 8442.6 and amending section filed 7-19-2005 pursuant to section 100,
title 1, Califomia Code of Regulations (Register 2005, No. 29).
§ 8442.7. Preliminary Economic Development Plan and
Evaluation Criteria.
Each prehminary application shall contain a Preliminary Econoinic
Development Plan. Each Preliminary Economic Development Plan shall
contain the information and data required by this secdon, except for a
plan contained in a small cities preliminary application, which shall only
contain the information and data required by subsecdon (a), (b) atid (f).
The Agency shall evaluate and numerically grade each Preliminary Eco-
nomic Development Plan on a competitive basis, based upon the catego-
ries and the corresponding point values set forth below and the .scoring
method set forth in section 8444.2.
(a) Marketing the zone: up to 250 points.
The Preliminary Economic Development Plan shall contain a detailed
marketing plan for the application area. Tlie marketing plan shall include
the following information:
(1) An explanation of the specific marketing goals and the course(s)
of action to be taken in order to attain the specified goals;
(2) A detailed description of the plans to:
(A) Keep existing businesses from leaving the application area; and
(B) Assistance to be provided in helping existing businesses to ex-
pand;
(3) A detailed description of the plans to attract new busines.ses into
the application area, including the names of the industries targeted for at-
traction;
(4) A detailed description of the role of the local economic develop-
ment corporation, or similar organization;
(5) A detailed description of the sales plan for on-site visits to existing
and/or new businesses;
(6) A detailed analysis of the advertising and promotional strategy, in-
cluding a media analysis and samples of existing advertising and proino-
tional materials;
(7) A detailed analysis of the staff, organizadon and budgets to be
coiTimitted to the marketing plans by all organizations;
(8) Specific examples of successful elToiTs by the corporations or orga-
nizations identified in subsection (a)(4) above to allracl and/or retain
businesses;
(9) A list of all application area cominercial real estate brokers who
will handle real estate transactions within the application area: and
( 10) Any other indicators of the applicant's plans for inarkeiing the
application area.
(b) Available property and businesses: up to 200 points.
The Preliminary Economic Development Plan shall include the num-
ber of businesses presently located in the application area, as well as a list
that contains the following application area information:
( 1 ) The total square footage of vacant buildings on land zoned indus-
trial that meet all local and stale building, fire, and seismic codes, as well
as other codes necessary to operate the facility;
(2) The total .square footage of vacant buildings on land zoned com-
mercial that meet all local and state building, fire, and seismic codes, as
well as other codes necessary to operate the facility;
(3) The total nuiTiber of acres of vacant improved land zoned indus-
trial. "Itnproved land" and used in this subsection (b) means that all infra-
structure necessary to operate from the site is available to deliver water,
power, sewer and traffic services;
(4) The total number of acres of vacant improved land zoned cominer-
cial;
(5) The total number of acres of vacant unimproved land zoned indus-
trial; and
(6) The total nutuber of acres of vacant uniinproved land zoned com-
mercial;
(7) Any other information concerning the available property and busi-
nesses in the application area.
(c) Job development: up to 175 points.
The Preliininary Economic Development Plan shall contain a detailed
explanation of the plan to identify, train and place application area unem-
ployed and underemployed persons into the jobs created through the
marketing of the application area. The Preliminary Economic Develop-
ment Plan shall also include the following information:
(1) A list containing the names and addresses of all administrative
agencies and/or contractors who will provide intake and/or job develop-
ment services in the application area under the Job Training Partnership
Act (JTPA) (29 use Secdon 1501 et seq). Greater Avenues for Indepen-
dence (GAIN) (Welfare and Institutions Code Section 1 1320 et seq). and
Targeted Jobs Tax Credit (TJTC) (26 USC Section 51), and which will
provide funds and staff for the implementation of the Preliminary Eco-
nomic Development Plan;
(2) A detailed explanaUon of the specific contributions that each
agency and/or contractor shall make for the implementation of the Pre-
liminary Economic Development Plan;
(3) A detailed explanation of how the recipients of JTPA, GAIN, and
TJTC services will be placed in enterprise zone jobs. The applicant shall
include a detailed explanation of the coordination of marketing efforts
with job development agencies and/or contractors;
(4) Data that shows the track record of job placements by each agency
and/or contractor over the two (2) years preceding the date the prelimi-
nary applications were mailed by the Agency;
(5) A detailed organization chart showing all staff persons providing
job development management and services for each agency and/or con-
tractor identified in the Preliminary Economic Development Plan as well
as all job development coordination staff of the applicant: and
(6) Any other indicators of the applicant's job development plans for
the application area.
(d) Local incentives: up to 125 points.
The Preliminary Economic Development Plan shall include a detailed
description of the local incentives provided by the applicant and a de-
tailed explanation of how the proposed local incentives will stimulate
business investment in the application area. The following information
shall be included in the Preliminary Economic Development Plan:
Page 496.140
Register 2()05, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
^ S442.9
( 1 ) An explanation of the plans to reduce fees lor application area busi-
ness, including development lees, license lees, and permit tees:
(2) An explanation of methods to he employed to reduce the adminis-
trative processing time required for plan review and permit applications
lor application area businesses:
(3) An explanation of the land use plan, together with maps of the
application area ihat forecast local zoning plans for the nexl .S to 1 0 years
to ensure that the projected zoning plans are consistent with the Prelimi-
nary Economic Development Plan: and
(4) Any other indicators of the applicant's plans for application area
incentives.
(e) Financing programs: up to 100 points.
The Preliminary Economic Development Plan shall contain a detailed
description of the current and proposed financing programs that will be
targeted to businesses within the application area. The description shall
include the following information:
(1) A list containing the identity of all agencies, organizations and
firms that will provide financial assistance lo businesses within the appli-
cation area:
(2) An explanation of the types of services each entity identified in
subsection (e)( I ) above offers and a detailed record of the companies that
have received financial assistance during the three (3) year period prior
to the date the preliminary application was mailed by the Agency:
(3) The identity of all financial institutions with facilities in or near the
application area that have expressed an interest in making business loans
to companies located in the application area, and a list of those financial
institutions which are presently making loans guaranteed by the United
States Small Business Administration:
(4) A detailed explanation of the loans available through programs of-
fered by the applicant, together with data showing the result of these loan
programs for the three year period immediately prior to the date the pre-
liminary applications were mailed by the Agency: and
(5) Any other indicators of the applicant's financing program.
(f) Unemployment and area income levels: up to 100 points.
The Preliminary Economic Development Plan shall contain data that
shows the 1980 per capita income and percent of unemployment for each
census tract, block group or enumeration district in the eligible area.
NoiE: Authority cited: Sections 707.^ and 7076. Government Code. Reference:
Sections 7073 and 7073.9, Government Code.
History
1. New .section tiled 4-2-90 as an emergency: operative 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency languaee will be repealed on 10-1-90. For prior history, see
Register 87, No. 2.
2. Certitleale of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
tiled 10-29-90 (Register 90. No. 50).
^. Change without regulatory elTeet amending opening paragraph and subsections
(c)(4). (e)(2) and (e)(4) tiled 2-7-94 pursuant to title 1, section 100, California
Code of Regulations (Register 94. No. 6).
4. Amendment of opening paragraph, subsection (c)(2) and Noti; fded .5-24-94
as an emergency: operative 5-24-94 (Register 94. No. 21). A Certitlcate of
Compliance must be transmitted to OAL by 11-21 -94 pursuant to Government
Code section 7076 or emergency language will be repealed by operation of law
on the following day.
5. Reinstatement of first paragraph, subsection (c)(2) and Noth as they existed
prior to emergency amendment filed 2-6-95 by operation of Government Code
section 1 1 .^46. 1(f) (Register 95. No. 6).
6. Amendment of llrst paragraph, subsection (c)(2) and Noxn filed 3-14-95; op-
erative 3- 1 4-95 pursuant to Government Code section 1 1 343.4(d) (Recister 95.
No. 11).
7. Change without regulatory effect renumbering title 10. section 5608 to title 25,
section 8442.7 and amending section filed 7-19-2005 pursuant to section 100,
title 1 , California Code of Regulations (Register 2005, No. 29).
§ 8442.8. Resolution Required.
A preliminary application shall include a resolution adopted by each
city, county, or city and county having jurisdiction over any portion of
an application area. A preliminary application without such resolutions
shall be rejected and no further review of the preliminary application
shall be conducted.
(a) For each city, county, or city and county that is a preliminary appli-
cant, the resolution shall contain the following information:
( 1 ) A tlnding that the application area is a depressed area, and that des-
ignation of the application area as an enterprise zone is necessary in order
to attract private .sector investment to the application area: and
(2) A statement that the city, county, or city and county agrees [o com-
plete all actions stated within the preliminary and final application which
apply to its jurisdiction should the final application be awarded condi-
tional designation.
(b) For each city, county, or city and county having jurisdiction o\er
any portion of an application area that is not a preliminary applicant, the
resolution shall contain the following information:
( 1 ) A statement that the city, cotuity. or city and county agrees to the
inclusion of the area within its jurisdiction as part of the application area
but does not wish to participate as a preliminary or final applicant: and
(2) A statement that the city, county, or city and county agrees to com-
plete all actions stated within the preliminary and llnal application which
apply to its jurisdiction should the final application be awarded condi-
tional designation.
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Relcrenee:
Section 7073. Government Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
davsoremergencv language will be repealed on 10-1-90. For prior historv. see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 9(1 No. 50).
3. Change without regulatory effect renumbering title 10, section 5609 to title 25.
sectio'n 8442.8 filed 7- 1 9-2005 pursuant to section 1 00. title I , California Code
of Regulations (Register 2005, No. 29).
§ 8442.9. Invalid Application Areas; Addendum to
Preliminary Application.
(a) The Agency shall send a notice by certified mail to each prelimi-
nary applicant whose preliminary application contains an invalid area.
The notice shall contain a description of the invalid area, and an explana-
tion as to why the area is invalid. For the purposes of this. section, "invalid
area" means an application area, or portion thereof, that:
(1) Is included within the application area of more than one prelimi-
nary or final application;
(2) Is included in a designated program area under the provisit)ns o\'
the Employment and Economic Incentive Act. chapter 44, statutes ol"
1984: or
(3) Is included within an area that has been designated as an enterprise
zone by the Agency.
(b) The Agency shall permit a preliininary applicant whose prelimi-
nary application contains an invalid area an opportunity to submit an ad-
dendum to the preliminary application ("addendum"). The preliminary
application shall state in the addendum whether or not the boundaries of
the originally proposed application area have been changed.
(1) If the boundaries of the originally proposed application area have
been changed, the addendum shall contain:
(A) A description of the new geographic boundaries of the application
area: and
(B) An amendment lo any part of the preliminary application that is
affected by the change in the application area.
(2) If the originally proposed application area has not been changed,
the addendum shall identify the reason why a change is not necessaiy.
(c) The addendum shall be signed by a majority of the members of each
governing body with jurisdiction in the application area. The preliminary
applicant shall submit the original of the addendum, together with six (6)
copies thereof, to the Agency on or before the due date specified in sub-
section (d).
(d) Preliminary applicants shall submit the addendum to the Agency
no later than fourteen (14) days after the notice of the invalid area is
mailed by the Agency. The Agency shall reject, without review, any ad-
dendum submitted after the due date.
Page 496.141
Register 2005, No. 29; 7-22-2005
§ 8442.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1 ) If, after the Agency's review of the addendum received on or be-
fore the due date, the application area continues to contain an invalid
area, the Agency shall disqualify the preliminary application and no fur-
ther review of the preliminary application shall be conducted.
(2) If, after the review, the application area identified by the prelimi-
nary application no longer contains an invalid area, the preliminary appli-
cation, with the amended boundaries, shall be qualified to undergo fur-
ther review by the Agency.
NOFE: Aulhorily cilcd: Seclions 707."^ and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1. New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90,
>Jo. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 1 0- 1 -90. For prior historv. see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted lo OAL 9-27-90 and
filed 10-29-90 (Register 90. No. .SO).
3. Change without regulatory effect amending section tiled 2-7-94 pursuant to
title 1 , section 100. California Code of Regulations (Register 94. No. 6),
4. Change without regulatory effect amending subsections (a)(3) and (d)-(d)(2)
filed 6-1.^-94 pursuant to title 1. section 100, California Code of Regulations
(Register 94, No. 24).
.S. Change without regulatory effect renumbering title 1 0, section 56 1 0 to title 2.'S,
section 8442.9 filed 7-1 9-200.5 pursuant to scefion 100, title I , California Code
of Regulations (Register 2005, No. 29).
§ 8442.10. Selection of Final Applicants.
(a) Except for small cities enterprise zone designation, the Agency
shall select a maximum of twenty (20) highest scoring preliminary appli-
cations to complete a final application, as determined by the evaluation
and grading provisions contained in articles 6 and 7. The Agency shall
select a maximum of five (5) highest scoring small cities enterprise zone
preliminary applications to complete a final application, as determined
by the evaluation and grading provisions contained in articles 6 and 7.
(b) Notwithstanding subsection (a) above, if, except for a small cities
designation, there is a tie for the twentieth highest score and, as a result
of the tie, more than twenty preliminary applications receive the twenty
highest scores, the Agency shall eliminate from further competition each
preliminary application receiving the twentieth highest score. In the case
of a small cities enterprise zone designation, if there is a tie for the fifth
highest score and, as a result of the tie, more than five preliminary appli-
cations receive the five highest scores, the Agency shall eliminate from
further competition each preliminary application receiving the fifth high-
est score.
NOTE: Authority cited: Secfions 7073 and 7076, Government Code. Reference:
Sections 7073 and 7039.9, Government Code.
History
1. New secfion filed 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 1 4). A Certificate of Compliance must be transmitted to OAL within 180
days oremergency language will be repealed on 10-1-90. For prior history, see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1, section 100, California Code of Regulafions (Register 94, No. 6).
4. Ainendment of section heading, text and Note filed 5-24-94 as an emergency;
operative 5-24-94 (Register 94, No. 21 ). A Certificate of Compliance must be
transmitted to OAL by 1 1-21-94 pursuant to Government Code section 7076
or emergency language will be repealed by operation of law on the following
day.
5. Reinstatement of section heading, section and Note as they existed prior to
emergency amendment filed 2-6-95 by operation of Government Code section
1 1 346. 1 (0 (Register 95, No. 6).
6. Amendment of section heading, section and Note filed 3-14-95; opcrafive
3-]z^95 pursuant to Government Code secfion 1 1343.4(d) (Register 95, No.
11).
7. Change without regulatory effect renumbering fitle 10, section 561 i to fitle 25,
secfion 8442. 10 and amending section filed 7-19-2005 pursuant to section 100,
title 1, California Code of Regulafions (Register 2005, No. 29).
§ 8442.1 1 . Notice of Decision; Enterprise Zone Final
Application Handbook.
(a) The Agency will notify each preliminary applicant in writing of the
results of the preliminary application evaluation. The notice shall inform
the applicant of the score attained by the preliiTiinary applicant and shall
identify the preliininary applications which have been awarded final
applicant status. The notice shall be mailed within sixty (60) days after
the due date for preliminary applications.
(b) A copy of the Enterprise Zone Final Application Handbook shall
be included with the notice sent to each preliiTiinary applicant awarded
final applicant status.
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Reference:
Section 7073. Government Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificale of Compliance must be transmitted to OAL within 180
days or emergency lansuaiie will be repealed on J 0- 1 -90. For prior history, see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. .50).
3. Change without regulatory effect amending subsection (a) filed 2-7-94 pur-
suant to title 1, section 100. California Code of Reirulations (Register 94, No.
6).
4. Change without regulatory effect renumbering title 10. section 561 1.1 to title
25. section 8442.1 ffiled 7-19-2005 pursuant "to section 100. title 1, California
Code ol' Regulations (Register 2005, No. 29).
Article 7. Final Applications
§ 8443. Final Application Requirements.
Final applicants shall prepare a final application. The final application
shall contain the information specified in sections 8443.2, 844.3.3,
8443.4. and 8449.5. The final application for a small cities enterprise
zone designation shall also include the information required by section
8443.9.
NOTE: Authoritv cited: Sections 7073 and 7076. Government Code; and Section
21082. Public Resources Code. Reference: Sections 7071 . 7073, 7039.9 and 7075.
Government Code.
History
L New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
days or emergency language will be repealed on 1 0-1 -90. For prior history, see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. .50).
3. Amendment of section and Note filed 5-24-94 as an emergency; operative
5-24-94 (Register 94, No. 21 ). A Certificate of Compliance must be transmitted
to OAL by 1 1 -2 1-94 pursuant to Government Code section 7076 or emergency
language will be repealed by operation of law on the following day.
4. Reinstatement of section and Note as they existed prior to emergency amend-
ment filed 2-6-95 by operation of Government Code .section 1 1346. 1 (f) (Regis-
ter 95. No. 6).
5. Amendment of secfion and Note filed 3-14-95; operative 3-14-95 pursuant
to Government Code secfion 1 1343.4(d) (Register 95, No. 11).
6. Change without regulatory effect renumbering title 10. section 5612 to title 25,
section 8443 and amending section filed 7-19-2005 pursuant to secfion 100,
title 1. Califomia Code of Regulations (Register 2005, No. 29).
§ 8443.1 . Modification of Application Area Boundaries;
Agency Decision.
(a) A final applicant shall not modify the boundaries of the application
area contained in the preliminary application unless the Agency has ap-
proved of the modification prior to the final application due date con-
tained in the Enterprise Zone Final Application Handbook.
(b) A final applicant shall not be permitted to add a geographic area
to the application area contained in the preliminary application if the ad-
dition includes any area under the jurisdiction of a city, county or city and
county that did not submit a section 8442.8 resolution as part of the pre-
liminary application.
(c) A final applicant which desires to modify the boundaries of the
application area contained in the preliminary application shall submit the
following information to the Agency.
( 1 ) Documents that show that any area(s) being proposed for addition
to the application area:
(A) 1 . For a new commercial area, is contained within or contiguous
with, the application area contained in the preliminary application. As
used this subsection (c)(1)(A) "new" means that the preliminary applica-
don did not contain a commercial or industrial area; or
Page 496.142
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
i^ 8443.3
2. For ci new industrial area where one did not exist before, is contained
within or adjacent to. the application area contained in the preliminary
application; and
(B) Represent no more than five percent (59^) of the total geographic
area of the application area contained in the applicant's preliminary
application;
(2) ir the area(s) lo be added include commercial and/or industrial
areas, documents that show that the area(s) are at least .S 1 9r zoned com-
mercial and/or industrial and documents show that the modified applica-
tit)n area contains both one eligible area plus one commercial and/or in-
dustrial area;
(3) If the area(s) to be added includes an expanded eligible area, evi-
dence that shows that the eligible area complies with the petition or eligi-
ble area criteria contained in articles 4 and 5;
(4) An updated boundary description for the modified application
area, and a zoning or land use map for the area(s) being added or deleted;
(5) A resolution by the governing body of each city, county or city and
county that has Jurisdiction within the geographic area being added or de-
leted approving of the modification to the boundaries of the application
area. If a geographic area is being added, the resolution shall contain the
findings required by section 7073(a) of the Government Code; and
(6) A statement containing the reasons for the change lo the applica-
tion area.
(d) The Agency shall approve or disapprove of a modification to the
boundaries of an application area by mailing a written notification within
fourteen (14) days of receipt of a request for modification. Approval or
denial of the request shall be based upon the final applicant's compliance
with subsection (c) above. The information required in the final applica-
tion and by sections 8449 through 8449.7 shall retlect any modification
approved for the application area.
NO'l't-: Authority cited: Sections 7073 and 7076. Government Code; and Section
21082. Public Resources Code. Reterenee: Sections 7071, 7073 and 707.=i. Gov-
ernment Code.
History
1. New seetion filed 4-2-90 as an emergeney; operative 4-2-90 (Register 90.
No. 14). A Certificate of Coinpliance must be transmitted to OAL within
IXOdavsoremersencv languaee will be repealed on 10-1-90. For prior history,
see Register 87, No. 2.
2. Certifieate of Complianee as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Regi.sler 90. No. 50).
3. Change without regulatory effect amending section heading and subsections
(a), (c) and (d) filed 2-7-94 pursuant to title 1 . section 100. California Code of
Regulations (Register 94, No. 6).
4. Change without regulatory effect renumbering title 10. section .'S612.1 to tide
25. section 8443.1 and amendine section filed 7-19-2005 pursuant to section
100. title 1. California Code of Regulations (Register 2005, No. 29).
§ 8443.2. Final Economic Development Plan and
Evaluation Criteria.
Each final application shall contain a Final Economic Development
Plan. The Final Economic Development Plan shall contain the informa-
tion and data specified in this section, except for a small cities enterprise
zone, which shall contain both the information required by this section
and section 8443.9. The Agency shall evaluate and numerically grade
each Final Economic Development Plan on a competitive basis, based
upon the categories and corresponding point values set forth below and,
for small cities enterprise zones, the categories and point values set forth
in section 8443.9. and the scoring method set forth in section 8444.2.
(a) The data and information required by Section 8442.7: up to 950
points.
The Final Economic Development Plan shall contain all of the data
and information required by the Preliminary Economic Development
Plan. The final applicant shall submit the original information and data
as previously presented in its Preliminary Economic Development Plan
and, if the final applicant desires, submit new or modified information
and data in addition to that originally presented in the Preliminary Eco-
nomic Development Plan.
(b) Infrastructure: up to 150 points.
The Final Economic Development Plan shall contain a detailed analy-
sis and description of the availability and condition of the infrastructuic
within the industrial and commercial area. The analysis and description
shall include the condition, capacity to deliver service and available ca-
pacity of:
( 1 ) Water supply;
(2) Storm drainage;
(3) Sewer and waste treatment plant;
(4) Natural gas and electric; and
(5) Streets and street lighting;
(6) Any other indicators of the capacity, condition and availability of
the infrastructure within the industrial and commercial area.
The Final Economic Development Plan shall describe all plans to ex-
pand or improve the infrastructure, including the projected costs, pro-
posed financing and the time tables for completion.
(c) Program Management: up to 150 points.
The Final Economic Development Plan shall contain a detailed de-
scription of the annual budget(s). staff and organization for administra-
tion of the proposed enterprise zone. The description shall include:
( 1 ) The applicant's annual line item budget and the source of funding
that the applicant will commit for the administration of the propo.scd en-
terprise zone.
(2) The annual budgets (dollars) for each agency; or organization, oth-
er than the applicant, which has been identified in subsection (a) as pro-
viding marketing, job development, and other aspects of implementing
the Final Economic Development Plan.
(3) The naines(s) of the person(s) who will act as the enterprise zone
coordinator(s) and administer the proposed enterpri.se zone on a lull time
basis. The enterprise zone coordinator(s) shall spend at least half of his
or her time contacting businesses.
(4) An organization chart that shows all persons and organizations in-
volved in all aspects of the propo.sed enterprise zone, including market-
ing, job development, financing and administration, together with their
reporting relationship to the enterprise zone coordinator. The organiza-
tion chart shall also define the coordinator's reporting relationship to or
in the applicant jurisdiction(s). The organization chart shall show people
by name and/or job title, and not the agency or agency identified as a gen-
eral area.
(5) Any other indicators of program management for the proposed en-
terprise zone.
NOTE: Authority cited: Sections 7073 and 7076. Govemment Code. Rclercnce:
Sections 7071 and 7073. Government Code.
History
1. New section tiled 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Cenificate of Compliance must be transmitted to OAL within 1X0
days or emergency language will be repealed on 10-1-90. For prior hislorv. see
Register 87. No. 2.
2. Certitleate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
tiled 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending opening paragraph and subsection
(c)(4) filed 2-7-94" pursuant to title I . sectfon 100. California Code ot Regula-
tions (Register 94. No. 6).
4. Amendment ofopening paragraph, subsections (b) and (b)(3) Hied ,5-24-94 as
an emergency; operative 5-24-94 (Register 94, No. 21 ). A Certiticale of Com-
pliance must be transmitted to OAL by 11-21 -94 pursuant lo Government Code
section 7076 or emergency language will be repealed by operation of law on
the following day.
5. Reinstatement of tlrst paragraph and suKsections (b) and (b)(3) as they existed
prior to emergency amendment filed 2-6-95 by operation of Government Code
section 1 1346.1(f) (Register 95, No. 6).
6. Amendment of first paragraph and subsections (b) and (b)(3) filed 3-14-95; op-
erative 3-14-95 pursuant to Government Code .section 1 1 .343.4(d) (Register 95,
No. 11).
7. Change without regulatory effect renumbering title 10. section 5612.2 to title
25, section 8443.2 and amending section filed 7-19-2005 pursuant to section
100, title 1, California Code of Regulations (Register 2005, No. 29).
§ 8443.3. Additional Requirements for Final Applications.
Each final application shall contain the following information:
(a) Letters from the administrators of all cities, counties, agencies, or-
ganizations, financial institutions and businesses which have been identi-
fied as program participants in the preliminary and final applications.
Page 496.143
Register 2005, No. 29; 7-22-2005
§ 8443.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
The letters shall include the specific commitments that the oreani/aiion
will make to the proposed enterprise zone, not general statements of sup-
port. The statements shall also identify staff, staff time, and/or funds
committed to the proposed enterprise zone.
(b) A list containing the names and addresses of all businesses in (he
application area with twenty-five (25) or more employees.
(c) A list containing an inventory of all industrial and commercial
buildings and sites for sale or lease in the application area.
I d) A list of the names and addresses of all commercial real estate bro-
kers who will handle real estate transactions in the proposed enterprise
zone.
NOTL: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Sections 7071 and 707.3, Government Code.
History
1. New section Hied 4-2-90 as an emergency: operative 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL wiihin 180
days or emergency laneuaee will be repealed on 10-1-90. For prior historv, see
Fiegister 87, No. 2. ^ ^
2. Ceilifieate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
tiled 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect renumbering title 10, section 5612.3 to title
25, .section 8443.3 filed 7-19-2005 pursuant to section 100, title I, California
Code of Regulations (Register 2005, No. 29).
§ 8443.4. Number of Copies; Applicant Name; Principal
Contact Person.
(a) Final applicants shall submit 6 copies, plus 1 signed and clearly
identified original of the final application to the Agency.
(b) The final apphcation shall contain:
( 1 ) The name(s) and address(es) of the applicani(s); and
(2) The final applications shall include the name, address and phone
number of the principal contact person.
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1 . New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transinitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsection (a) filed 2-7-94 pur-
suant to fitle 1, section 100, California Code of Regulations (Register 94, No.
6).
4. Change without regulatory effect renumbering title 10, section 5612.4 to title
25, section 8443.4 filed 7-19-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 29).
§ 8443.5. Final Application Deadline.
(a) Final applications shall be received by the Agency no later than
5:00 pm on the one hundred and twentieth (120th) day after the day the
final applications were mailed. The mailing and deadline dales shall be
specified in the Enterprise Zone Final Application Handbook.
(b) The Agency shall reject any final application received after the due
date for the final applications. The Agency shall mail to the applicant
within ten (10) days of receipt of the final application a statement that the
applicant's final application was received after the due date and was
thereby rejected by the Agency.
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073 Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
1 4). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 10-1-90. For prior histoiy, see Reg-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1, section 100, California Code of Regulations (Register 94. No. 6).
4. Change without regulatory effect amending subsecfion (b) filed 6-1.5-94 pur-
suant to ntle 1 , secfion 1 00, California Code of Regulations (Reeister 94. No.
24).
5. Change without resulatory effect renumbering title 10. section 5612.5 to title
25. section 8443.5 Tiled 7-19-2005 pursuant to section 100. title 1. California
Code of Regulations (Register 2005. No. 29).
§ 8443.6. Review Limited to Information in Final
Application.
(a) The Agency shall review final applications solely upon the infor-
mation received by the Agency on or before the due date for final applica-
tions.
(b) The Agency reserves the right to contact final applicants after the
due date for final applications to obtain clarification of submitted infor-
mation, but not to obtain additional information.
NoiE: Authoritv cited: Sections 7073 and 7076, Government Code; Section
21082, Public Resources Code. Reference: Sections 7071, 7073 and 7075. Gov-
ernment Code.
History
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90.
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
davsoremereencv lansuaee will be repealed on 10-1-90. For prior history, .see
Register 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transinitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1. section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect renumbering title 10, section 5612.6 to title
25, section 8443.6 filed 7-19-2005 pursuant t"o section 100, title I, California
Code of Regulations (Register 2005, No. 29).
§ 8443.7. Selection of Final Applicants for Conditional
Designation.
(a) Except for a small cities enterprise zone, the Agency shall award
conditional designation to no more than eight (8) highest scoring final
applications during each designation process. If there is a tie and more
than one final applicant achieves the eighth highest score, the Agency
shall disqualify from further competition each final applicant tied for the
eighth position. For a small cities enterprise zone designation, the
Agency shall award conditional designation to no more than the two (2)
highest scoring final applications. If there is a lie and more than one final
applicant achieves the second highest score, the Agency shall disqualify
from further competition each final applicant lied for the second position.
(b) Notwithstanding subsection (a) above, the Agency shall designate
a maximum of 25 enterprise zones plus 2 small cities enterprise zones.
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Reference:
Sections 7073 and 7073.9. Government Code.
History
1. New section filed 4-2-90 as an emergency; operafive 4-2-90 (Register 90,
No. 14). A Certificate of Compliance must be transmitted to OAL within 180
davs or emergency language will be repealed on 10-1-90. For prior history, see
Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Amendment of former subsecfions (a) and (b) filed 5-28-91 as an emergency;
operative 5-28-91 (Register 91, No. 27). A Certificate of Compliance must be
transmitted to OAL by 1 1-25-91 or emergency language will be repealed by
operauon of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
9-22-92 bv operation of Government Code secfion 11346.1(f) (Register 92,
No. 40).
5. Change without regulatory effect amending section filed 2-7-94 pursuant to
fitle 1 . section 100, California Code of Regulations (Register 94, No. 6).
6. Amendment of section and Note filed 5-24-94 as an emergency; operative
5-24-94 ( Register 94, No. 2 1 ). A Certificate of Compliance must be transmitted
to OAL by 11-21 -94 pursuant to Government Code section 7076 or emergency
language will be repealed by operation of law on the following day.
7. Reinstatement of section and Note as they existed prior to emergency amend-
ment filed 2-6-95 by operafion of Government Code section 1 1 346. 1(0 ( Reeis-
ter 95, No. 6).
8. Amendment of section and Note filed 3-14-95; operative 3-14-95 pursuant
to Government Code secfion 1 1343.4(d) (Register 95, No. 1 1).
9. Change without regulatory effect renumbering fitle 10, section 5612.7 to title
25, secfion 8443.7 filed 7-19-2005 pursuant to secfion 100, fitle 1, California
Code of Regulafions (Register 2005, No. 29).
§ 8443.8. Notification of Agency Decision.
The Agency shall notify all final applicants in writing within ninety
(90) days from the dale the final applicalions were due, stating which fi-
nal applications have been awarded conditional designation status.
Page 496.144
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
!^8444
•
Noi I-: Aiilhorily cited: Sections 7073 and 7076. Government Code. Reference
.Section 707,3. Go\ei'nnienl.
History
1. New section llled 4-2-90 as an emeigcncy: opeiative 4-2-90 ([Register 90.
No. 14). A Cenilicate of Compliance must be tiansmittcd to OAL within 180
davs oremeiuencv laniiuaee will be lepealedon 10-1-90. For prior histoiv. see
Register 87. No, 2.
2. Ceilincate ol Compliance as to 4-2-90 order transnntted to OAL 9-27-90 and
filed 1 0-29-90 (Register 90. No. ?>()).
^. Change without regulatory effect amcjiding section heading and te,\i filed
2-7-94 pursuant to title I . section 100. California Code of Regulations (Regis-
ter 94. No. 6),
4. Change without regulatory effect renumherine title 10. section .S612.8 to title
2.S. sevlion 844.3.8 Viled 7-19-200.^^ pursuant to section 100. title 1. California
Code of Regulations (Register 200.^. No. 29).
§ 8443.9. Small Cities Enterprise Zone Information.
Final applicants for small cities enterprise /one (designation shall sup-
pleinenl the section 8443.2 Final Economic Development Plan with the
Collowing information as part of the final application;
(a) Job development: up to IT.'S points.
A Final Economic Development Plan inclucJing a {detaile(j explanation
of the plan to i(jentify. train and place application area unemployed and
underemployed persons into the jobs created through the marketing of
the application area. The Final Econotnic Development Plan shall also
include the following infortnation:
(1 ) A list containing the names and addresses of all administrative
agencies and/or contractors who will provide intake and/or job develop-
ment services in the application area under the Job Training Partnership
Act (JTPA) (29 use Section 1 501 et seq). Greater Avenues for Indepen-
dence (G AIN ) (Welfare and Institutions Code Section 1 1 320 et seq), and
Targeted Jobs Tax Credit (TJTC) (26 IJSC Section 51), and which will
provide funds and staff for the impletnentation of the plan;
(2) A detailed explanation of the specific contributions that each
agency ancJ/or contractor shall make for the implementation of the Final
Economic Development Plan;
(3) A detailed explanation of how the recipients of JTPA. GAIN, and
TJTC services will be placed in enterprise zone jobs. Tlie applicant shall
include a detailed explanation of the coordination of marketing efforts
with job development agencies and/or contractors;
(4) Data that shows the track record of Job placements by each agency
and/or contractor over the two (2) years preceding the dale the prelimi-
nary applications were mailed by the Agency;
(5) A detailed organization chart showing all staff persons providing
job development management and services for each agency and/or con-
tractor identified in the Final Economic Development Plan as well as all
job developtnent coordination staff of the applicant; and
(6) Any other indicators of the applicant's job development plans for
the application area.
(b) Local incentives: up to 125 points.
The Final Economic Development Plan shall include a detailed de-
scription of the local incentives provided by the applicant and a detailed
explanation of how the proposed local incentives will stimulate business
investment in the application area. The following information shall be in-
cluded in the Final Economic Development Plan:
( 1) An explanation of the plans to reduce fees for application area busi-
ness, including development fees, license fees, and permit fees;
(2) An explanation of methods to be employed to reduce the adminis-
trative proces.sing time required for plan review and permit applications
lor application area businesses;
(3) An explanation of the land use plan, together with maps of the
application area that forecast local zoning plans for the next 5 to 10 years
to ensure that the projected zoning plans are consistent with the plan; and
(4) Any other indicators of the applicant's plans for application area
incentives.
(c) Financing programs; up to 100 points.
The Final Economic Developmenl Plan shall contain a detailed de-
scription of the current and proposed financing progratns thai will be tar-
geted to businesses within the application area. The description shall in-
clude the following information:
(1) A list containing the identity of all agencies, organi/aiions and
firms that will provide financial assistance to businesses within the appli-
cation area;
(2) An explanation of the types of .services each entity identified in
subsection (a)( 1 ) above offers and a detailed record of the companies thai
have received financial assistance during the three (3) year period prior
to the dale the prelitninary application was mailed by the Agency;
(3) The identity of all financial inslilulions with facilities in or near the
application area that have expressed an interesi in making business loans
to companies located in the application area, and a list of those financial
institutions which are presently making loans guaranteed by the United
States Stnall Business Administration;
(4) A detailed explanation of the loans available through programs of-
fered by the applicant, together with data showing the result of these loan
programs for the three year period immediately prior to the date ihe final
applications were mailed by the Agency; and
(5) Any other indicators of the applicant's financing program.
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Reterence:
Sections 7073 and 7073.9. Government Code.
Hl-STOKV
1. New section filed 5-24-94 as an emergency, operative fi-24-94 (Register 94.
No. 21). A Certificate of Compliance must be transmitted to OAL by 1 1-21-94
pursuant to Government Code section 7076 or emergency language will be re-
pealed by operation of law on the follow ing day.
2. Repealed by operation of Government Code .section 1 1 .346. Klm (RciriMer 9,5.
No. 6).
3. New section filed 3-14-95; operative .3-14-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 11).
4. Change without regulatory effect renumbering title 10, section 5612.9 to title
25, section 8443.9 and amending section filed 7-19-2005 pursuant to section
100. title 1. California Code of Regulations (Register 2005, No. 29).
Article 8.
Application Evaluation and
Scoring
§ 8444. Technical Review of Applications.
(a) The Agency shall conduct a technical review of each application
received on or before the due date specified in the Enterprise Zone Pre-
liminary Application Handbook or in the Enterprise Zone Final Applica-
tion Handbook. The Agency shall determine whether the application is
complete.
(b) The Agency shall mail an "application notification letter" to the
applicant within twenty-one days after the due date. The application no-
tification letter shall inform the applicant whether the application is com-
plete. The application notification letter shall contain a list specifying any
information or documents missing from the application and shall inforin
the applicant that the missing information or documents tiiusl be sub-
mitted to the Agency within fourteen (14) days after the date the applica-
tion notification letter was mailed.
(c) The Agency shall disqualify an applicant which fails to submit all
items listed as missing in the application notification letter on or before
5:00 p.m. on the fourteenth ( 14ih) day after the dale the application notifi-
cation letter was mailed.
NOTE: Authority cited: Sections 7073 and 7076. Government Code. Reference:
Secnon 7073. Government Code.
History
1 . New section filed 4-2-90 as an einergency; operative 4-2-90 ( Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
oremergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1 . section 100. California Code of Regulalions (Register 94. Nt>. 6).
Page 496.145
Register 2005, No. 29; 7-22-2005
§ 8444.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
4. Change without regulatory elTect renumhering title 10, section 5613 to title 25.
section 8444 filed 7-19-2005 pursuant to section 100, title 1. Calil'oniia Code
or Regulations (Register 2005. No. 29).
§ 8444.1 . Preliminary Substantive Review of Applications.
(a) The Agency shall conducl a preliminary subsiantive review ol'each
application received on or before the due date specified in the Enterprise
Zone Preliminary Application Handbook or in the Enterprise Zone Final
Application Handbook. The Agency shall determine whether there are
any issues or questions in the application that require clarification prior
to scoring the application.
(b) If there are issues or questions that need clarification prior to scor-
ing the application, the Agency shall mail a "preliminary substantive re-
view letter" to the applicant within twenty-eight days after the applica-
tion due date. The preliminary substantive review letter shall specify the
issues or questions that need clarification prior to scoring the application
and shall inform the applicant that the applicant must provide the Agency
with information which will clarify the issues or questions identified by
the preliminary substantive review within fourteen (14) days after the
dale the preliminary substantive review letter was mailed.
(c) The Agency shall begin its evaluation and scoring of applications
after 5:00 p.m. on the fourteenth (14th) day after the date the preliminary
substantive review letter was mailed, regardless of whether or not infor-
mation has been provided by the applicant and whether or not issues or
questions concerning any application have been clarified.
NOTE: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 ( Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
oremersency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87,^No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect renumbering title 10. section 5613.1 to title
25, section 8444.1 filed 7-19-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 29).
§ 8444.2. Scoring Applications.
After an evaluation, the Agency shall numerically grade each econom-
ic development plan criteria contained in the Preliminary Economic De-
velopment Plan, or the Final Economic Development Plan, based upon
the following scoring method:
(a) Excellent: 90% to 100% of the maximum points available for the
economic development plan criteria.
(b) Good: 80% to 89% of the maxitnum points available for the eco-
nomic development plan criteria.
(c) Fair: 70% to 79% of the maximum points available for the econom-
ic development plan criteria.
(d) Satisfactory: 60% to 69% of the maximum points available for the
economic development plan criteria.
(e) Poor: zero (0)% to 59% of the maximum points available for the
economic development plan criteria.
Note-. Authority cited; Sections 7073 and 7076. Government Code. Reference;
Section 7073, Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending opening paragraph filed 2-7-94
pursuant to title 1 . section 1 00, California Code of RegulaUons ( Register 94, No.
6).
4. Change without regulatory effect renumbering title 10, section 5613.2 to title
25, section 8444.2 filed 7-19-2005 pursuant to section 100, fitle 1, California
Code of Regulations (Register 2005, No. 29).
§ 8444.3. Qualifying Scores; List of Scores.
(a) The Agency shall disqualify from competition an application that
receives a score that is less than sixty percent (60%) of either:
(1 ) The total ntnnber of points available for criteria specified in either
the Preliminary Economic Development Plan or the Final Economic De-
velopment Plan; or
(2) The number of points available for any one ( I) of the following
economic development plan criteria:
(A) Marketing the zone;
(B) Available property and businesses; or
(C) Job development.
NOTE: Authority cited: Sections 7073 and 7076. Govemment Code. Reference:
Section 7073. Govemment Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90. No.
14). A Cciiificate of Compliance must be transmitted to OAL within 180days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 871" No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. .50).
3. Change without regulatory effect amending subsections (a) and (b) filed 2-7-94
pursuani to title 1 , section 100, California Code of Regulations (Register 94, No.
6).
4. Change without regulatory effect renumbering title 10. section 5613.3 to title
25, sel-tion 8444.3 filed 7-19-2005 pursuant t'o section 100. title 1, Cahfornia
Code of Reeulations (Register 2005. No. 29).
Article 9. Conditional and Final
Designation
§ 8445. Conditional Designation.
(a) The Agency shall mail a "conditional designation document" to the
final applicants which have been awarded conditional designation status.
(b) The Agency shall specify in the conditional designation document
the conditions which must be satisfied prior to final designation. The con-
ditions shall consist of providing to the Agency all street address ranges
for the application area plus all items included in the final applicant's Fi-
nal Econoinic Development Plan which have not been completed as of
the date the conditional designation document was mailed. The condi-
tions must be met within one hundred and eighty (180) days of the date
the Agency mails the conditional designation document, unless an exten-
sion or modification of the conditional designation document is granted
pursuant lo section 8445.2.
(c) Failure to satisfy all of the conditions within one hundred and
eighty ( 1 80) days will result in automatic forfeiture of conditional desig-
nation status, unless the final applicant receives an extension of the con-
ditional designation deadline pursuant to section 8445.2.
NOTE: Authority cited: Sections 7073 and 7076, Govemment Code. Reference;
Section 7073. Govemment Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
oremereency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87rNo. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending subsection (a) filed 2-7-94 pur-
suant to title 1, section 100, California Code of Regulations (Register 94, No.
6).
4. Change without regulatory effect renumbering title 1 0, section 56 1 4 to title 25,
section 8445 and amending section filed 7-19-2005 pursuant to secfion 100,
title 1 , California Code of Regulations (Register 2005, No. 29).
§ 8445.1 . Effective Date of Enterprise Zone Designation.
None of the benefits or responsibilities of designation as an enterprise
zone shall become effective until final designation.
NOTE: Authority cited: Sections 7073 and 7076, Govemment Code. Reference:
Section 7073, Govemment Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 180 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
•
Page 496.146
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
§8446.1
•
.^v Change without regulatoiy clTect rcnunihciing title 10. section 5615 to title 2.1,
section 8445.1 section filed 7-19-2003 pursuant to section 100. title l-Caiifoi-
nia Code ot Regulations (Register 2005. No. 29).
§ 8445.2. Extension of Conditional Designation Deadline;
Modification of Conditional Designation
Document.
(ci) A ritiai applicant which is awarded cotidilional designation shall be
permitted to submit a request to the Agency to either:
( 1 ) extend the time within which the final applicant must satisfy the
conditions slated in the section 8445 conditional designation document:
or
(2) tiiodily the conditions.
The request shall be received by the Agency prior to the expiration of
the one hundred and eighty ( 1 80) day time period slated in the conditional
designation document.
(b) The I'inai applicant shall describe the actions taken by the final
applicant to comply with the conditional designation document, and shall
provide a detailed explanation of the reasons why the final applicant can-
not satisfy all of the conditions precedent to final designation within one
hundred and eighty ( 180) days.
(c) The Agency shall grant the request for an extension of time based
upon a finding that the final applicant has substantially complied with the
lertns of the conditional designation document within the one hundred
and eighty ( 1 80) day period, and that the final applicant requires an addi-
tional tirne period within which tocomply with all of the terms of the con-
ditional designation document or that the final applicant needs to modify
the terms of the conditional designation document.
(d) Notwithstanding subsection (c) above, the Agency shall deny the
request if a modification of the terms of the conditional designation docu-
ment would result in the final applicant receiving a lower score on the
section 8443.2 Final Economic Development Plan than attained when
the final application was originally evaluated and scored.
(e) The Agency shall respond in writmg to the request for a time exten-
sion within twenty-one (21) days after receipt of the request. If the
Agency grants a time extension, the Agency's respon.se shall specify the
conditions which must be satisfied, together with the time deadline by
which those conditions must be satisfied before the Agency will award
final designation.
(f) Simultaneous to granting the request, the Agency shall amend the
conditional designation document to include any amendments requested
by the final applicant and approved by the Agency.
NOTt;: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073, Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate ofCompliance must be transmitted to OAL within 180 days
oremergeneylanguace will be repealed on 10-1-90. For prior history, see Reg-
ister 87. No.'2.
2. Certificate ofCompliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to
title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect amending subsections (e)-(f) filed 6-15-94
pursuant to title 1 . section 100. Cal ifomia Code of Regulations ( Register 94, No.
24).
5. Change without regulatory effect renumbering title 10, section 5616 to title 25,
section 8445.2 and amending section filed 7-19-2005 pursuant to section 100,
title 1 , California Code of Regulations (Register 2005, No. 29).
§ 8445.3. Request for Final Designation.
(a) Final applicants awarded conditional designation shall request fi-
nal designation by mailing to the Agency, within the time limit specified
in the conditional designation document, evidence that the final applicant
has complied with all of the conditions precedent to final designation.
(b) The Agency shall respond in writing to the above described request
within thirty (.30) days after receipt of the request.
(c) The Agency's response shall either grant final designation to the
final applicant with conditional designation, or specify the deficiencies
which must be corrected within the titne period specified in the condi-
tional designation document before the Agency will award final designa-
tion.
(d) Final designation becomes efi'ective on the day the letter awarding
final designation is mailed to a final applicant with conditional designa-
tion.
NoiTl; Authority cited: Sections 7073 and 7076, Govemment Code. Reference:
Sections 7071 and 7075, Government Code.
MlSlOkY
1 . New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90. No.
14). A Certificate of Coinpliance must he tiansiiiitted to OAL within 180 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87r No. 2.
2. Certificate ofCompliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending section fileil 2-7-94 pursuant \o
title r. section 100. California Code of Regulations (Register 94. No. 6).
4. Change without regulatory efleet amending subsections (a) and (o filed
6- 1 5-94 pursuant to title 1 . section 1 00, Cali fomia Code oi Regulations ( Regis-
ter 94, No. 24).
5. Change without regulatory effect renumbering title 10. section 5617 to title 25.
section 8445.3 filed 7-19-2005 pursuant lo, section 100. title 1. California Code
of Regulations (Register 2005. Ncl 29).
Article 10. Expansion of Existing
Enterprise Zones and Program Areas
§ 8446. Scope of Article.
For the purposes of this article:
(a) The regulations contained in this article shall apply to programs es-
tablished pursuant to chapter 1 2.8 (commencing with section 7070. Gov-
ernment Code) and to programs established pursuant to Chapter 12.9
(commencing with section 7080, Government Code).
(b) "Expansion request" shall mean a written document thai proposes
to enlarge the geographic area previously designated as an enterprise
zone or a program area.
(c) "Expansion area" shall mean the geographic area lo be made part
of the geographic area that comprises ihe existing enterprise zone or pro-
gram area.
NOTE: Authority cited: Sections 7073. 7076 and 7085. Government Code. Refer-
ence: Sections 7073 and 7085, Govemment Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 ( Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 1 (J- 1-90. For prior history, see Reg-
ister 87, No. 2.
2. Certificate ofCompliance as to 4 -2-90 order including new section 5618 and
renumbering and amendment of former section 5618 to section 5619 trans-
mitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect renumbering title \0. section .5618 to title 25.
section 8446 and amending Noxh filed 7-19-2005 pursuant to section 100. title
1. California Code of Regulations (Register 2005, No. 29).
§ 8446.1 . Expansion Requests; Fifteen Percent Expansion.
The Agency shall approve an expansion request, provided the expan-
sion area meets all of the following requirements:
(a) The expansion area for each city, county or city and county shall
not exceed fifteen percent ( 1 5%) of the geographic area within its bound-
aries originally designated as an enterprise zone, or as a program area, but
the expansion need not occur all at once.
(b) An expansion request shall be submitted to the Agency by each
city, county, or city and county with jurisdiction over the enterprise zone
and or the program area and jurisdiction over the expansion area. The ex-
pansion request shall be in writing and shall contain the following infor-
mation.
(1 ) A resolution adopted by the governing body of each city, county,
or city and county agreeing to expand the enterprise zone or the program
area to include the expansion area;
(2) The expansion area acreage and zoning;
(3) The total acreage of the original enterprise zone or program area
within the boundaries of each city, county or city and county;
(4) A description of the revised enterprise zone or program area
boundaries, together with maps showing the enterprise zone or program
Page 496.147
Register 2005, No. 29; 7-22-2005
§ 8446.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
area and the expansion area. The description and maps shall describe and
show the geographic areas at the lime the expansion reqnesl was filed
wiih the Agency;
(5) Street address ranges and Agency supplied maps for the existing
enterprise zone or program area must accurately reflect the current state
of the geographic area at the time the expansion area request was filed
with the Agency; and
(6) Documents that show that each area being proposed for the expan-
sion of the existing enterprise zone or the program area is contiguous with
the area of the existing enterprise zone or the program area.
NOTti. Authority cited: Sections 7073. 7076. and 7085. Government Code. Refer-
ence: Section 7073, 7076 and 7085. Government Code.
History
1 . New section filed 4-2-90 as an einergency: operative 4-2-90 (Register 90, No.
14). A Certillcaie of Compliance must be transmitted to OAL within 180 days
oremersency languase will be repealed on 10-1-90. Hor prior hisiory. seeRea-
ister87,''No, 2.
2. Certificate of Compliance as to 4-2-90 order including renumbering and
amendment of former section 56 1 8 to section 56 1 9 and former section 56 1 9 to
section 5620 transmitted to OAL 9-27-90 and filed 1 0-29-90 (Recister 90, No.
50).
3. Change without regulatory effect amending opening paragraph and subsections
(b)(4)-(5) filed 2-7-94 pursuant to title l.'seefion fOO, California Code of Reg-
ulations (Register 94, No. 6).
4. Change without regulatory effect amending subsections (a)(4)-(5) filed
6- 1 ,5-94 pursuant to title 1 , section 1 00, California Code of Resulations (Regis-
ter 94, No. 24).
5. Change without regulatory effect renumbering title 10, section 5619 to title 25,
section 8446. 1 filed 7-1 9-2005 pursuant to section 100, title I , California Code
of Regulations (Register 2005, No. 29).
§ 8446.2. Expansion Request Decision; Notice.
(a) The Agency shall notify the city, county, or city and county which
submitted the expansion request of its decision to approve or deny expan-
sion request within thirty (30) days of receipt of the expansion request.
(h) For expansion requests approved by the Agency, the expansion
shall be effective as of the date the approval letter is mailed.
(c) For expansion requests denied by the Agency, the notice shall spec-
ify deficiencies identified in the expansion area request. A jurisdiction
whose expansion area request was denied shall not be precluded from
submitting another expansion request.
NOTE: Authority cited: Sections 7073, 7076, and 7085, Government Code. Refer-
ence:Section 7073, 7076 and 7085 Government Code.
History
1 . New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order including renumbering and
amendment of former section 5619 to section 5620 and former section 5620 to
section 562 1 transmitted to OAL 9-27-90 and filed 1 0-29-90 (Register 90. No.
50).
3. Change without regulatory effect amending opening paragraph and subsections
(b)(4)'-(5) filed 2-7-94 pursuant to title 1, section 100, California Code of Reg-
ulations (Register 94, No. 6).
4. Change without regulatory effect amending subsections (b) and (c) filed
6- 1 5-94 pursuant to title 1 , section 1 00, California Code of Regulations (Regis-
ter 94. No. 24).
5. Change without regulatory effect renumbering title 10, section 5620 to title 25.
secfion 8446.2 filed 7-19-2005 pursuant to section 100, title 1 . California Code
of Regulations (Register 2005, No. 29).
Article 1 1 . Finality of Agency Decisions;
Meeting with Enterprise Zone Program
Manager
§ 8447. Finality of Agency Decisions; Meeting with
Enterprise Zone Program Manager.
(a) Agency decisions shall be final and no appeal is available within
the Agency. An applicant shall not petition the Agency for rehearing nor
request a written explanation of any Agency decision.
(b) Applicants shall have the right to request a ineeting with the
Agency's Enterprise Zone Program Manager, at which time the
Agency's Enterpri.se Zone Program Manager shall explain the reasons
for any of the Agency's decisions pursuant to this chapter.
NOTF: Authority cited: Sections 7073 and 7076, Government Code. Reference:
Section 7073. Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90. No.
14). A Ceiliiicate of Compliance must be transmitted to OAL within 180 days
oremergency language will be repealed on 1 0-1-90. For prior history, see Reg-
ister 87? No. 2.
2. Certificate of Compliance as to 4-2-90 order including renumbering and
amendment of former section 5620 to section 5621 transmitted to OAL
9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending article heading, section heading and
text filed 2-7-94 pursuant to fitle 1, section 100, California Code of Regulations
(Register 94. No, 6).
4. Change without regulatory effect amending section heading filed 6-15-94 pur-
suant 10 title 1, section 100. California Code of Regulations (Register 94. No.
24).
5. Change without regulatory effect renumbering title 10. section 5621 to title 25,
section 8447 filed 7-19-2005 pursuant to .section 100, title 1, California Code
of Regulations (Register 2005, No. 29).
Article 12. Targeted Tax Area
§ 8448. Definitions.
The following definitions shall apply to the regulations contained in
this article, in addition to the definitions contained in Government Code
section 7072:
(a) "Act" means the Targeted Tax Area Act, Government Code section
7097.
(b) "Agency" means the Department of Housing and Community De-
velopment.
(c) "Applicant" means a city, a county, or a city(ies) and county that
submits an Application to the Agency to have a geographical area in its
Jurisdiction designated as a Targeted Tax Area. A county and any cities
within the county may apply jointly as a single Applicant provided that
a portion of the Application Area is located within each Applicant's juris-
diction.
(d) "Application" means the written application submitted to the
Agency, by an Applicant. The Application shall contain the information
de^scribed in sections 8448.4, 8448.5, 8448.6, 8448.7, and 8448.8.
(ej "Application Area" means the geographical area for which the
Applicant is seeking Conditional Designation. The Application Area
shall be wholly contained within the Eligible Area identified in the Appli-
cation.
(f) "Community" means the geographical area within a county, a city,
or a county and city(ies) within that county, where is all or part of the Eli-
gible Area identified in the Application.
(g) "Conditional Designation" means designation by the Agency of an
Applicant' s Application Area as a Targeted Tax Area, subject to the Final
Applicant's completion of the conditions necessary for Final Designa-
tion specified in the Conditional Designation Document described in sec-
tion 8448.12.
(h) "Decennial Census" means the population survey of the United
States conducted every ten years by the United States Department of
Commerce, Bureau of the Census.
(i) "Designation Process" means all steps described in sections 8448. 1
through 8448. 1 5 which are required for Final Designation, including de-
termination of eligibility, submission of an Application. Conditional
Designation and Final Designation.
()) "Distressed Area" means a geographical area that meets at least
four of the following requirements;
(1) The average unemployment rate exceeded 7.5 percent in 1995;
(2) The average unemployment rate exceeded 7.5 percent in 1996;
(3) The median family income does not exceed $32,700, using the
most currently available data at the time of Application deadline.
•
Page 496.148
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
§ 8448.4
(4) The percentage of persons below ihe poverty level is at least 17.5
percent, using the most currently available data at the lime of Application
deadline;
(5) The geographical area ranks in the lop quartile among California
counties, in the percentage of population receiving Aid for Families with
Dependent Children benefits, based on the Cash Grant Caseload Move-
ment and Expenditures Report, July 1*^95 to June 1996 published by the
California Department of Social Services.
(k) "Eligible Area" means a geographic area that meets the require-
ments o\' section 8448.2.
(/) "Targeted Tax Area" means an Application Area contained in an
Application awarded Final Designation status hy the Agency.
(m) "Final Applicant" means the Applicant which has been awarded
Conditional Designation status by the Agency.
(n) "Final Designation" means that the Applicant with Conditional
Designation status has completed, lo the satisfaction of the Agency, all
conditions of the Conditional Designation and that designation of the
Applicant's Application area as a Targeted Tax Area is final and com-
plete. The Agency shall provide notice ol Final Designation to the Final
Applicant.
(0) "Infrastructure" means the physical systems and services which
support development and people, including, but not limited to. streets,
and highways, transit services, airports, and water and sewer systems.
(p) "Jurisdiction" means the geographic area where the Applicant has
authority lo enforce ordinances and resolutions.
(q) "Median Family Income" means the median family income for that
Jurisdiciion using the most currently available data at the time of Appli-
cation.
(r) "Percentage of Persons Below Poverty" means the percentage for
that Jurisdiction using the most currently available data at the lime of
Application.
NOTfc. Authorily cited; Section 7()97(a). Govemment Code. Reference: Section
7097. Government Code.
History
1 . New article 9..S (sections 5622-5622.1 5) and section fded 12-17-98; operative
1 2-1 7-98 pursuant to Government Code section I 1 34.C4(d) (Recister 98. No.
51).
2. Change without regulatory effect renumt)ering title 10, section 5622 to title 25.
section 8448 and amending section and NoTB tiled 7-19-2005 pursuant to sec-
tion 100. title 1. California Code of Regulations (Register 2005. No, 29).
§ 8448.1. Targeted Tax Designation Process.
(a) The Agency shall designate one Application Area as a Targeted
Tax Area provided each of the following requirements is satisfied:
( 1) A county and/or cily(ies) located within the Application Area sub-
mils an Application to the Agency pursuant to section 8448.4.
(2) The Agency has awarded the Application Area both Conditional
and Final Designation status, pursuant to sections 8448. 1 2 and 8448, 1 5.
(b) In designating the Targeted Tax Area, the Agency shall compare
all of the Applications submitted, and award the Targeted Tax Area des-
ignation to the Applicant which proposes the most effective, innovative,
and comprehensive programs and incentives lo attract private sector in-
vestment.
NOTti: Authority cited; Section 7097(a). Government Code. Reference; Section
70y7(a). (d), and (f), Government Code.
History
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 1 343.4(d) (Register 98. No. 51 ).
2. Change v\ithout regulatory effect renumbering title 10. section 5622.1 to title
25, section 8448.1 and amending section and NoTK filed 7-19-2005 pursuant
to section 100, title 1. California Code of Regulations (Register 2005. No. 29).
§ 8448.2. Eligible Area.
(a) To be eligible for designators as a Targeted Tax Area, a geographic
Area shall meet the following requirements:
( 1 ) The geographic are shall be Distressed, pursuant lo section 8448(j).
(2) The geographic area shall be wholly contained within the Appli-
cant's Jurisdiction(s).
(3) The geographic area shall be included in the Application of only
one Applicant.
NOTH: Authority cited; Section KWJi'd). Governmeni Code. Reference: Section
7097(a) and (t). Government Code,
History
1. New .section filed 12-17-98; operative 12-17-^8 pursuant lo Governmeni
Code section I 1 343.4(d) (Register 98. No. 5 1 ).
2. Change without regulatory effect renumbering title 10. section 5622.2 lo liilc
25. section 8448.2 and amendiniz .section and Non tiled 7-19-2005 puisuant
to section 100, title 1 . Califomia^Code of Regulations (Register 2005. No. 2M).
§ 8448.3. Address of Agency.
The following is the Agency mailing address for any and all corre-
spondence. Applications, petitions, documents, and other materials con-
cerning Targeted Tax Areas:
l.NTBKI'RISl: /ONi: PKOGRAV1 MANACilK
1)|;PARTMI;NT0I HOUSINC; ANDCOMMliNirV DI Vll OI'MI-NI
P.O. BOX y42llS4
SACRAMI-NTO. t:AL,ll()RNIA 442.^: 2(i.-S4
NOTH: Authority cited; Section 7097(a), Government Code. Reference: Section
7097(a), Government Code.
History
1. New section tiled 12-17-98; operative 12-17-98 pursuant lo Governmeni
Code section 1 1343.4(d) (Register 98, No. 51).
2. Change without regulatory eft'ect renumbering title 10. section 5622.3 to liile
25, section 8448.3 and amending section and Noil filed 7-19-2005 pursuant
to section 100. title 1. Califomia^Code of Regulations (Register 2005. No. 29).
§ 8448.4. Application Process.
(a) The Agency shall mail a letter describing the Application process
and Application deadlines on the first day of the Application lime period
lo each entity or person who has previously requested receipt of an Appli-
cation,
(b) Each Applicant shall submit a letter lo the Agency slating their in-
tention lo submit an Application. "Letter of Intent." The Letter of Intent
shall be received by the Agency no later than 5 p,m,. thirty (.30) days fol-
lowing the mailing of the letter described in subsection (a). The Letter of
Intent shall also contain documentation that the Applicant meets the eli-
gibility requirements described in subsection 8448(c).
(c) Applicants shall submit to the Agency, one ( 1 ) clearly signed origi-
nal and two (2) copies of the Application, plus one additional copy of the
section 8448,6 Economic Development Plan, with each part of the Plan,
as described in subsections 8448, 6(a) through 8448.6(e), bound sepa-
rately. Applications shall be received by the Agency no later than .5 p.m.
on the due date described in the sub.section (a) letter. The Agency shall
reject any Application received after the due date described in the subsec-
tion (a) letter. The Application shall include the following items:
(1 ) The names(s) and address(es) of the Applicani(s),
(2) The name, address, phone number, and if available, e-mail address
of the principal contact person for the Application.
(3) A description of the Application Area, pursuant to section 8448.3.
(4) An Economic Development Plan, pursuant to section 8448.6.
(5) An environmental impact report, pursuant to section 8448.7.
(6) A resolution, pursuant to section 8448.8,
(d) The Agency shall only review information received by the due date
described in the subsection (a) letter, except as provided for in sections
8448.10 and 8448.14. However, the Agency shall be authorized lo con-
tact Applicants after the due date to obtain clarification ol" previously sub-
mitted information.
(e) No later than sixty (60) days following the due date described in
the subsection (a) letter, the Agency shall mail a letter notifying each
Applicant of the results of the Application evaluation. The notice shall
include the score attained by the Applicant.
(f) No later than fourteen (14) days following the due date described
in subsection (e), the Agency shall mail a Conditional Designation docu-
ment to the Final Applicant specifying the conditions the Final Applicant
shall satisfy prior to Final Designation.
NOTE: Authority cited; Section 7097(a). Government Code. Reference: Section
7097(a) and (d). Govemment Code.
History
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 1 343.4(d) (Register 98. No. 5 1 ).
Page 496.149
Register 2005, No. 29; 7-22-2005
§ 8448.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
2. Change without regulatory effecl renumbering title 10, section '>622.4 to title
25. section 8448.4 and amending section and Notc filed 7-19-200,5 pursuant
to section 100, title 1. Califomia'Code of Regulations (Register 2005. No. 29).
§ 8448.5. Description of the Application Area.
(a) The Application shall include a description of the proposed Apph-
calion Area which includes the following items;
( 1 ) A map or other documentation identifying the exact geographic lo-
cation of the Application Area.
(2) A map which indicates that the Application Area is wholly con-
tained within an Eligible Area.
(3) A street map that identifies the streets, or jurisdictional limit hncs
that mark the boundaries ol' the Application Area.
(4) A copy of both the existing general zoning and land use maps for
the Application Area and the area itnmediately surrounding the Applica-
tion Area.
(5) A list containing the names and addresses of all eligible businesses
in the Application Area with twenty-five (25) or more employees. Eligi-
ble businesses are those with the following Standard Industrial Classifi-
cation codes (United States Office of Management and Budget, Standard
Industrial Classification Manual. 1987) 2000-2099, ^22()0-.1999,
4200-4299, 4300-4599, and 4700-5199.
(6) A list containing an inventory of all industrial buildings and sites
for sale or lease in the Application Area.
NOTE: Authority cited: Section 7097(a). Government Code. Reference: Section
7097(a) and (f). Government Code.
History
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 1343.4(d) (Register 98. No. 51).
2. Change without regulatory effecl renumbering title 10. section 5622.5 to title
25, section 8448.5 and amendins Noxti filed 7-19-2005 pursuant to section
100, title 1, California Code of Regulations (Register 2005. No. 29).
§ 8448.6. Economic Development Plan.
Each Application shall include an Economic Development Plan. The
Agency shall evaluate and numerically grade each Economic Develop-
ment Plan on a cotnpetitive basis, based upon the categories and the cor-
responding point values set forth below and the scoring method de-
scribed in section 8448.11. The Economic Development Plan shall
include the items described in subsections (a) through (e) below:
(a) Marketing the Targeted Tax Area: up to 300 points.
The Economic Development Plan shall contain a detailed marketing
plan for the Application Area. The inarketing plan shall include the fol-
lovv-ing information:
(1) An explanation of the specific marketing goals and the course(s)
of action to be taken in order to attain the specified goals:
(2) A detailed description of the plans to:
(A) Keep existing businesses from leaving the Application Area; and
(B) A detailed description of the plan to help existing businesses to ex-
pand;
(3) A detailed description of the plans to attract new businesses into
the Application Area. In the description, the Applicant shall identify the
types of industries targeted for attraction.
(4) A detailed description of the role of the local economic develop-
ment corporation, or similar organization;
(5) A detailed description of the sales plan for on-site visits to existing
and/or new businesses;
(6) A detailed analysis of the advertising and promotional strategy, in-
cluding a media analysis and samples of existing advertising and promo-
tional materials;
(7) A detailed analysis of the staff, organization and budgets to be
committed to the marketing plan by all organizations;
(8) Specific examples of successful efforts by the corporations or orga-
nizations identified in subsection (a)(4) above to attract and/or retain
businesses;
\9) A list of all Application Area commercial real estate brokers who
will handle real estate transactions within the Application Area; and
(10) Infrastructure: a detailed analysis and description of the availabil-
ity and condition of the infrastructure within the industrial orcotnmercial
(as appropriate according to the type of businesses identified in subsec-
tion (a)(3) above) area. The analysis and description shall include the
condition, capacity to deliver service, and available capacity of:
(A) Water supply;
(B) Storm drainage;
(C) Sewer and waste treatment plant;
(D) Natural gas and electric; and
(E) Streets and street lighting;
(F) Any other indicators of the capacity, condition and availability of
the infrastructure within the Application Area.
( 1 1 ) A description of all plans to expand or improve the infrastructure,
including the projected costs, proposed financing and the titne tables for
completion.
(1 2) A list of all agencies, organizations and firms that will provide fi-
nancial assistance to businesses within the Application Area.
(13) An explanation of the types of .services each entity identified in
subsection (a)( 14) offers and a detailed recordof the companies that have
received financial assistance during the three (3) year period prior to the
date the section 8448.4(a) letter was mailed by the Agency.
( 14) A list of all financial institutions with facilities located in or near
the Application Area that have expressed an interest in making business
loans to companies located in the Application Area. A Ust of those finan-
cial institutions which are presently making loans guaranteed by the
United States Sinall Business Adininistration.
(15) A detailed description of the loans available through programs
currently offered by the Applicant, together with data showing the result
of these loan prograins for the three (3) year period immediately prior to
the date the section 8448.4(a) letter was mailed by the Agency.
( 1 6) A description of any other financial incentive programs currently
in existence.
(b) Job development: up to 200 points.
The Economic Development Plan shall contain a detailed description
of the Applicant's plan to identify, train, issue vouchers, and placeunem-
ployed and under-employed persons residing in the Application Area
into the jobs created through the marketing of the Apphcation Area, "Job
DeveloptTient Plan". The Job Development Plan shall include the follow-
ing items:
( i ) A detailed description of the process for issuing hiring tax credit
vouchers and placing employees in Targeted Tax Area jobs, including a
discussion of the role of the one-stop hiring center in this process.
(2) A description of the Applicant's plan to implement the goals and
objectives of CalWORKs (Chapter 2, commencing with section 1 1200,
of Part 3 of Division 9 of the Welfare and Institutions Code).
(3) A detailed explanation of the specific resources that each agency
and/or contractor shall contribute to the implementation of the Economic
Development Plan.
(4) A detailed explanation of the coordination of marketing efforts
with job development agencies and/or contractors.
(5) Data that shows the track record of job placements by each agency
and/or contractor over the two (2) years preceding the date the Applica-
tions were mailed by the Agency.
(6) A detailed organization chart showing all staff persons providing
job development management and services for each agency and/or con-
tractor identified in the Economic Development Plan. The organization
chart shall include the Applicant's job development coordination staff.
(7) Any other plans the Applicant will impletnent to develop jobs in
the Application Area.
(c) Local Incentives; up to 300 points.
The Economic Development Plan shall include a detailed description
of the local incentives to be provided by the Applicant and a detailed ex-
planation of how the proposed local incentives will stimulate business in-
vestment in the Application Area. The following information shall be in-
cluded in the Economic Development Plan:
Page 496.150
Register 2()05, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
{j 8448.9
(DA description of any plans to reduce fees tor businesses located in
the Application Area, including development fees, license lees, and per-
mit fees.
(2) A description of any plans to reduce the administrative processing
time required for plan review and permit applications for businesses lo-
cated in the Application Area.
(3) A description of any other incentives that will be offered through
other entities such as Private Industry Councils or energy suppliers.
(4) A description of the land use plan, together with maps of the Appli-
cation Area, that forecast local zoning plans for the next 5 to 10 years to
ensure that the projected zoning plans are consistent with the Economic
Development Plan.
(5) A description of any other incentives the Applicant will offer to
businesses located in the Application Area.
(d) Program Management: up to 200 points.
The Economic Development Plan shall contain a detailed description
of the annual budget(s), staff and organization for administration of the
Application Area. The description shall include:
( 1 ) The Applicant's proposed annual line item budget and the source
of funding that the Applicant will commit for the administration of the
Application Area.
(2) The annual budgets for each agency; or organization, other than the
Applicant, which has been identified in subsection (e) as providing mar-
keting, job development, and other aspects of implementing the Targeted
Tax Area.
( .^) The name(s) of the person! s) who will act as the Targeted Tax Area
coordinator* s) and administer the Targeted Tax Area.
(4) An organization chart that shows all persons and organizations in-
volved in all aspects of the Application Area, including marketing, job
development, financing and administration, together with their reporting
relationship to the Targeted Tax Area coordinator. The organization
chart shall also define the coordinator's reporting relationship to or in the
Applicant Jurisdiction(s). The organization chart shall identify persons
involved in administering all aspects of the Application Area by name
and/or job title, and not by the agency with whom they are affiliated.
(5) A detailed description of plans to ensure ongoing collaboration be-
tween the entities in multi-jurisdictional zones.
(6) Any other program management strategies for the proposed Tar-
geted Tax Area.
(e) Letters from the administrators of all cities, counties, agencies, or-
ganizations, financial institutions and businesses which have been identi-
fied as program participants in subsections (a) through (d). The letters
shall include the specific commitments that the organization will make
to the Application Area, not general statements of support. The state-
ments shall also identify staff, staff lime, and/or funds committed to the
Application Area.
NoTti: Authority cited: Section 7097(a). Government Code. Reference: Section
7()97(a) and (d). Government Code.
History
1. New section tiled 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 I ;U3.4(d) (Register 98, No. .'S 1 ).
2. Change without regulatory elTect renumbering title 10. section 5622.6 to title
25. section H448.6 and amending section and Note filed 7-19-2005 pursuant
to section 100. title I , California Code of Regulations (Register 2005. No. 29).
§ 8448.7. Environmental Impact Report.
(a) Upon filing an Application, each City and/or County constituting
the Applicant, shall submit an initial study and, if appropriate, the notice
of preparation to the Agency, the state clearinghouse, and all responsible
agencies involved in the proposed Targeted Tax Area. The initial study
and notice of preparation shall address the designation and implementa-
tion of the Targeted Tax Area.
(b) The Final Applicant shall prepare, or cause to be prepared, a nega-
tive declaration or draft environmental impact report, which shall set
forth potential environmental impacts on the Application Area.
(c) Prior to Final Designation by the Agency, the Final Applicant shall
complete and certify the negative declaration or final envi!X)nmcnial itn-
pact report.
(d) All negative declarations or environtnental itnpaci repoils sub-
mitted to the Agency shall comply with the information disclosure pro\ i-
sions and the substantive requirements of Division I .^ (commencing with
Section 21000) of the Public Resources Code.
NOTF:: Authority cited: Section 7097(a). Government Code. Reterencc: Section
7()97(a). (d) and (f). Government Code.
Hl.StOI^Y
1. New section tiled 12-17-98: opcrati\e 12-17-98 pursuant to Government
Code section 1 1 .M3.4(d) (Register 98. No. 5 1 ).
2. Change without regulatory effect renumbering title 10. section 5622.7 to title
25. section 8448.7 and amending Non llled 7-19-2005 pursuant to section
100. title 1. California Code of Regulations (Register 2005. No. 29).
§ 8448.8. Resolution Required.
(a) Each Application shall include a certified original resolution
adopted by each city or county having jurfsdiction over any portion of an
Application Area. An Application without a resolution(s) shall be re-
jected and no further review of the Application shall be conducted, ex-
cept as provided for in sections 8448.10 and 8448.14. For each city or
county that is an Applicant, the resoluiion(s) shall contain the following
information:
( 1 ) A finding that the Application Area is a Depressed Area, and that
designation of the Applicafion Area as a Targeted Tax Area is necessary
in order to attract private sector investment to the Application Area: and
(2) A statement that the city(ies) and/or county agrees to perform all
actions described within the Application which apply to its Jurisdictioti
should the Application be awarded Conditional Designation.
NOTE: Authority cited: Section 7()97(a). Govermnent Code. Reference: Section
7097(a) and (f). Government Code.
Hl.STORY
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 ] 343.4(d) (Register 98. No. 5 1 ).
2. Change without regulatory eflect renumbering title 10, section 5622.8 to title
25, section 8448.8 and amending section and Non filed 7-19-2005 pursuant
to section 100, title 1 , Califoniia'Code of Regulations (Regi.ster 2005. No. 29).
§ 8448.9. Invalid Application Areas; Addendum to
Application.
(a) The Agency shall send a notice by certified inail to each Applicant
whose Applicafion contains an invalid area. The notice shall contain a de-
scripfion of the invalid area, and an explanation as to why the area is in-
valid. For the purposes of this section, "invalid area" means an Applica-
fion Area, or portion thereof that is included in the Application of more
than one Applicant or is not wholly contained within the boundaries of
an Eligible Area.
(b) The Agency shall permit an Applicant whose Application contains
an invalid area an opportunity to submit an addendum to the Application
("addendum"). The addendum shall indicate whether or not the bt)und-
aries of the originally proposed Application Area have been changed.
(c) The addendum shall be signed by a majority of the members of each
governing body with Jurisdiction in the Application Area.
(d) The Applicant shall subinit the original of the addendum, together
with three (3) copies thereof to the Agency no later than 5 p.m.. fourteen
(14) days after the subsection (a) notice is mailed by the Agency. The
Agency shall reject, without review, any addendum submitted after the
due date.
(e) If. after the Agency's review of the addendum received on or before
the due date described in sub.section (d), the Applicafion Area continues
to contain an invalid area, the Agency shall disqualify the Application
and no further review of the Application shall be conducted.
(f) If after the Agency's review of the addendutTi. the Application
Area identified in the Application no longer contains an invalid area, the
Applicafion, with the amended boundaries, shall be qualified to undergo
further review by the Agency.
NOTE; Authority cited: Section 7097(a). Government Code. Reference. Section
7097(a) and (f). Government Code.
Page 496.151
Register 2(K)5, No. 29; 7-22-2005
§8448.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. New seclion filed 12-17-98: operative 12-17-9S pursuant to Governineiil
Code section 1 1343.4(d) (Register 98, No. .SI).
2. Change without regulatory effect renumbering title 10. section 5622.9 to title
2."S. section 8448.9 and amendine Notl; filed 7-19-20(15 pursuant to section
100. title 1 . Califomia Code of Regulations (Register 2005. No. 29).
§ 8448.10. Technical Review of Applications.
(a) The Agency shall cotiducl a technical review of each Application
received on or before the due date described in seclion 8448.4(b).
tb)The Agency shall mail an 'application notification letter" to inform
the Applicant of the results of the technical review. The application noti-
fication letter shall indicate whether the following items are missing from
the Application:
I ! ) A description of the Application Area, pursuant to section 8448.5,
(2) An environmental impact report, pursuant to section 8448.7,
(3) A resolution, pursuant to section 8448.8.
( c) Any missing infortnation or documents listed in the application no-
tification letter shall be submitted to the Agency no later than seven (7)
days following the date the application notification letter was mailed.
The Agency shall disqualify any Applicant which fails to submit all items
listed as missing in the appUcation notification letter by 5:00 p.m. on this
date.
NOTE: Authority cited: Section 7097(a), Government Code. Reference: Section
7()97(a) and (f). Government Code.
History
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 1.343.4(d) (Register 98. No. 51).
2. Change without regulatory effect renumbering title 10. section 5622.10 to title
25, section 8448.10 and amending seclion and Nort: filed 7-19-2005 pursuant
to section 100, title 1, Califomia Code of [■iegulations (Register 2005, No. 29).
§ 8448.11. Economic Development Plan Evaluation.
(a) The Agency shall evaluate and assign a numerical score to each
Economic Development Plan criteria described in subsections 8448.6(a)
through (d), or to the Economic Development Plan as a whole. The fol-
lowing scoring method shall be used:
( 1 ) Excellent: 90% to 100% of the inaximum points available for the
Economic Development Plan criteria.
(2) Good: 80% to 89% of the maximum points available for the Eco-
nomic Development Plan criteria.
(3) Fair: 70% to 79% of the maximum points available for the Eco-
nomic Development Plan criteria.
(4) Satisfactory: 60% to 69% of the maximum points available for the
Economic Development Plan criteria.
(5) Fail: zero (0)% to 59% of the maximum points available for the
Economic Development Plan criteria.
(b) The Agency shall disqualify from competition an Application that
receives a score that is less than sixty percent (60%) of the number of
points available for any of the Economic Development Plan criteria de-
scribed in subsections (b)(1) through (b)(4). The Agency shall award the
Conditional Designation to the Final Applicant receiving the highest
score.
(1) Marketing the Targeted Tax Area, pursuant to subsection
8448.6(a).
(2) Job development, pursuant to subsection 8448.6(b).
(3) Local incentives, pursuant to subsection 8448.6(c).
(4) Program management, pursuant to subsection 8448.6(d).
NoTE: Authority cited: Section 7097(a), Government Code. Reference: Section
7097(a) and (d), Government Code.
History
1. New section filed 12-17-98; operafive 12-17-98 pursuant to Government
Code section 1 L343.4(d) (Register 98, No. 51).
2. Change without regulatory effect renumbering fitle 10, .section 5622.1 1 to fitle
25, section 8448.1 1 and amending section and" Note filed 7-19-2005 pursuant
to secfion 100, title 1, Califomia Code of Regulations (Register 2005, No. 29).
§8448.12. Conditional Designation.
(a) The Agency shall mail a "Conditional Designation document" to
the Final Applicant.
(b) The Conditional Designation document shall specify any condi-
tions which must be satisfied prior to Final Designation. The conditions
shall include providing the Agency with all street address ranges for the
Application Area, plus fulfilling all commitments tnade in the Final
Applicant's Economic Development Plan which were contingent upon
receiving conditional designation and have not been completed as of the
date the Conditional Designation document was inailed. The conditions
must be met no later than sixty (60) days following the date the Agency
mails the Conditional Designation document.
(c) Failure to satisfy all conditions by the date specified in subsection
(b) will result in automatic forfeiture of Conditional Designation status,
unless the Applicant receives an extension to the Conditional Designa-
tion deadline pursuant to section 8448.14.
NOTE: Authority cited: Sectit)n 7097(a), Government Code. Reference: Section
7097(a). Government Code.
History
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 1.343.4(d) (Register 98, No. 51).
2. Change without regulatory effect renumbering title 10, section 5622.12 to title
25, section 8448.12 and amending section and Note filed 7-19-2005 pursuant
to section 1 00, title 1 , Califomia Code of Regulations (Register 2005, No. 29).
§ 8448.1 3. Effective Date of Targeted Tax Area
Designation.
None of the benefits or responsibilities of designation as a Targeted
Tax Area shall become effective until the date of Final Designation de-
scribed in subsection 8448.15(d).
Note; Authority cited: Section 7097(a), Government Code. Reference: Section
7097(a), Govemment Code.
HfSTORY
1. New secfion filed 12-17-98; operative 12-17-98 pursuant to Govemment
Code section 1 1 .M3.4(d) (Register 98, No. 51 ).
2. Change without regulatory effect renumbering title 10, section 5622.13 to title
25. section 8448.13 and amending section and Note filed 7-19-2005 pursuant
to section 1 00. title 1 , Califomia Code of Regulations (Register 2005, No. 29).
§ 8448.14. Extension of Conditional Designation Deadline;
Modification of Conditional Designation
Document.
(a) An Applicant which is awarded Conditional Designation shall be
permitted to submit a request to the Agency to either:
( 1 ) Extend the deadline by which the Final Applicant must satisfy the
conditions stated in the section 8448.12 Conditional Designation docu-
ment: or
(2) Modify the conditions.
(b) The request for extension or modification shall be received by the
Agency prior to the expiration of the deadline described in subsection
8448.12(b).
(c) The Final Applicant shall submit a letter to the Agency describing
the actions taken by the Final Applicant to comply with the Conditional
Designation document. The letter shall also include a detailed explana-
tion of the reasons why the Final Applicant cannot satisfy all of the condi-
tions by the deadline described in subsection 8448.12(b).
(d) The Agency shall grant the request for an extension of the deadline
described in subsection 8448.12(b) upon a finding that the Final Appli-
cant has substantially complied with the terms of the Conditional Desig-
nation document, and that the Final Applicant requires an additional time
period to comply with the remaining terms of the Conditional Designa-
tion document or that the Final Applicant needs to modify the terms of
the Conditional Designation document.
(e) Notwithstanding subsection (d) above, the Agency shall deny the
request if a modification of the terms of the Conditional Designation doc-
ument would result in the Final Applicant receiving a lower score on the
Economic Development Plan criteria described in subsections 8448.6(a)
through (d) than attained when the Application was originally evaluated
and scored.
(f) The Agency shall respond in writing to the request for a time exten-
sion no later than thirty (30) days following receipt of the request. If the
Agency grants a time extension, the Agency's response shall specify the
Page 496.152
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
5j 8449.4
conditions which must be salisl'ied and ihc lime deadline by which those
conditions nuisi be satisfied.
(g) Sinuihaneoiis tt) granting the request, the Agency shall amend the
Conditional Designation document to include any amendments re-
quested by the Final Applicant and approved by the Agency.
Nori:. Aulhorily cited: Section 7(»7(a). Govcrninent Code. Rel'erence: Section
7()y7(;i). Governnieni Code.
History
1. New .section tiled 12-17-98; operative 12-17-98 pursuant to Government
Code section 1 l.^i4.^.4(d) (Register 98. No. .si ).
2. Change without regulatory ellect renuniliering title 10. section 5622. 14 to title
2,s. section 8448. 14 and amending section andNoTi tiled 7-19-20().s pursuant
to section 100. title 1 . California Code of Regulations (Register 20().S, No. 29).
§ 8448.15. Request for Final Designation.
(a) The Final Applicant shall request Final Designation by mailing to
the Agency, within the time litriit specified in the section 8448. 12 Condi-
tional Designation document, evidence that the Applicant has complied
with all of the conditions necessary for Final Designation.
(b) The Agency shall respond in writing to the above described request
no later than thirty (30) days following receipt of the request.
(c) In the response described in subsection (b) above, the Agency's
shall either grant Final Designation to the Final Applicant, or specify the
deficiencies which must be corrected within the time period specified in
the section 8448.12 Conditional Designation document before the
Agency will award Final Designation.
(d) Final Designation becomes effective on the first day of the month
following the day the letter awarding Final Designation is provided to the
Final Applicant.
NfOTR: Authority cued: Section 7()97(a). Government Code. Reference: Section
7097(a). Government Code.
History
1. New section filed 12-17-98; operative 12-17-98 pursuant to Government
Code section ]l.'^43.4(d) (Register 98. No. 5]).
2. Change without regulatory effect renumbering title 10, section S622. 1 3 to title
2.5. section 8448. 1 .5 and amending section and Noil, filed 7-19-2005 pursuant
to section 100, title 1 , California Code of Reeulations (Reeister 2005, No. 29).
Article 13. Environmental Review
§ 8449. Environmental Review Definitions.
The definitions set forth at division 13, chapter 2.5, section 21060 el
seq. of the Public Resources Code and division 6, chapter 3, article 20,
section 15350 el seq. of Title 14 of the California Code of Regulations
shall apply to GovemiTient Code section 7075 and this article, unless
otherwise indicated by the context. The definition of "applicant" con-
tained in section 15351 of the CEQA guidelines shall not apply to Gov-
ernment Code section 7075 or this article. The following supplemental
definitions shall also apply to Government Code section 7075 and this
article.
(a) "CEQA" means the California Environmental Quality Act, divi-
sion 13, section 21000 el seq. of the Public resources C'ode.
(b) "CEQA guidelines" mean the regulations in division 6, chapter 3,
section 1 5000 et seq. of Title 14 of the California Code of Regulations.
(c) "EIR" means an environmental impact report prepared pursuant to
CEQA and the CEQA guidelines.
(d) "Enterprise zone EIR" means an EIR prepared by a city, county,
or city and county pursuant to Government Code section 7075 and this
article.
NOTI- : Authority cited: .Section 7076, Government Code; and Section 2 1 082, Pub-
lic Resources Code. Reference: Section 7075, Government Code.
HlSTORY
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, .No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency lancuaee wil) be repealed on 10-1-90. For prior history, see Reg-
ister 87. No. 2. " ""
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect renumbering title 10. sectit)n 5624 to title 25.
section 8449 filed 7-19-2005 pursuant to section 100, title 1. California Code
of Regulations (Register 2005. No. 29).
§ 8449.1 . Applicability of CEQA.
Except as otherwise provided by Government Code section 7075 and
this article, the provisions of CEQA and the CEQA guidelines shall apply
to the environmental documents prepared in connection with the enter-
prise zone application process.
NOTti: Authority cited: Section 7076. Government Code; and Section 2 1 082. Pub-
lic Resources Code. Reference: Section 7075. Government Code.
Hl.srORY
1 . New section filed 4-2-90 as an emergency; operati\e 4-2-90 ( Register 90. No.
14). A Cenilicate of Compliance must be transmitted to OAL within 180 tiays
or emersenev lansuaL'C will be repealed on 1 0- 1 -90. For prior histor\ . see Reg-
ister 87^No.'2.
2. Certificate of Compliance as to 4-2-90 order transmitted to ( )AL 9-27-90 and
filed 10-29-90 (Register 90. No. .50),
3. Change without regulatory eflect renumbering title 10. section 5625 to title 25.
section 8449.1 filed 7-19-2005 pursuant to section 100. title I.California Code
of Regulations (Register 2005. No. 29).
§ 8449.2. Lead Agency.
(a) If a preliininary application is subtnitted by a single applicant, than
the lead agency for purposes of Ciovemtnenl Code section 7075 and this
article shall be the applicant.
(b) Jf a preliminary application is a joint application submitted jointly
by more than one city, county, or city and county, then the lead agency
for purposes of Government Code section 7075 and this article shall be
determined in accordance with article 4 of the CEQA guidelines.
NOTE: Authority cited: Section 7076. Government Codes; and Section 21082.
Public Resources Code. Reference: Section 7075. Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
oremeraenev language will be repealed on 10-1-90. For prior historv. see Re>j-
ister87rNo.'2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90and
filed 10-29-90 (Register 90, No. .50).
3. Change without regulatory effect renumbering title 10. section 5626 to title 25,
section 8449.2 filed 7-19-2005 pursuant to .section lOO.title I.California Code
of Regulafions (Register 2005. No. 29).
§ 8449.3. Initial Study and Notice of Preparation.
Each preliininary applicant shall submit two copies of the initial study
and notice of preparation to the Agency with the preliminary application.
A preliminary application shall not be eligible for final application status
if the designated number of copies of the initial study and notice of prepa-
ration are not received by the Agency by the deadline for submitting pre-
Uminary applications set forth in the Enterpri.se Zone Preliminary Appli-
cation Handbook.
NOTE: Authority cited: Section 7076. Government Code; .Section 21082. Public
Resources Code. Reference: Section 7075. GovemmenI Code.
Hi. STORY
1. New secnon filed 4-2-90 as an emergency; operative 4-2-90 (Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. .50).
3. Change without regulatory effect amending secfion filed 2-7-94 pursuant to
title 1, section 100, California Code of Regulations (Register 94. No. 6).
4. Change without regulatory effect renumbering title 10. section .5627 to title 25.
section 8449.3 filed 7-1 9-2005 pursuant to section 1 00. title 1 , California Code
of Regulations (Register 2005, No. 29).
§ 8449.4. Means of Avoiding Redundancy in Preparing
EIR.
(a) In preparing the enterprise zone EIR, the applicant shall not he pre-
cluded froiTi using where applicable:
(1) an earlier EIR orEIRs prepared in connection with an eariier proj-
ect or projects in accordance with and subject to section 15153 of the
CEQA guidelines;
(2) tiering in accordance with and subject to section 15152 of the
CEQA guidelines;
(3) incorporation by reference in accordance with and subject to sec-
tion 15150 of the CEQA guidelines; or
Page 496.153
Register 2005, No. 29; 7-22-2005
§ 8449.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(4) a subsequent EIR, supplement to an EIR, or an addendum to an EIR
in accordance with and subject to sections 15)62. 15163, and 15164 of
the CEQA guidelines.
(b) If an applicant is to use an EIR or ElRs from an earlier project or
projects, then all of the following shall apply:
( 1 ) the notice of preparation shall explain that the applicant intends to
use an EIR or ElRs from an earlier project or projects for the enterprise
zone application;
(2) the notice of preparation shall not be required to be distributed, cir-
culated, or sent to any persons, except the Agency;
(3) instead of preparing, circulating, and submitting two copies of a
notice of completion of draft EIR, the applicant shall prepare, circulate,
and submit two copies of a notice pursuant to section 15153(b)(2) of the
CEQA guidelines;
(4) instead of preparing and submitting two copies of a draft enterprise
zone EIR, the applicant shall submit two copies of the EIR or EIRs relied
on from an earlier project or projects; and
(5) instead of preparing and submitting two copies of a final enterprise
zone EIR. the applicant shall prepare and submit two copies of the re-
sponses to comments prepared in accordance with section 15153(b)(3)
of the CEQA guidelines.
(c) If an applicant is to use a subsequent EIR, supplement to an EIR, or
an addendum to an EIR, then the subsequent EIR, supplement, or adden-
dum shall serve as the enterprise zone EIR.
(d) If an applicant is to use tiering or incorporation by reference, they
shall be used in conjunction with a newly prepared enterprise zone EIR.
NOTE: Authority cited; Section 7076, Government Code; and Section 2 1 082. Pub-
lic Resources Code. Reference: Section 7075, Government Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90. No.
14). A Certificate of Compliance must be transmitted to OAL within 180 days
oremerseney language will be repealed on 10-1-90. For prior history, see Res-
ister 87.'"No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending subsection (b)(2) filed 6-15-94
pursuant to title 1, section 100, California Code of Regulations (Register 94, No.
24).
4. Change without regulatory effect renumbering title 10. section 3628 to title 25,
section 8449.4 filed 7-1 9-2005 pursuant to section 1 00, title 1 , California Code
of Regulations (Register 2005, No. 29).
§ 8449.5. Draft Enterprise Zone EIR.
(a) If a preliminary applicant is not selected as a final applicant, then
it shall have no duty or obligation to complete the draft or final enterprise
zone EIR or to complete the EIR process.
(b) Each final applicant shall submit two copies of the draft enterprise
zone EIR and notice of completion to the Agency with the final applica-
tion. This regulation states that a final application shall not be eligible for
conditional designation if the designated number of copies of the draft
enterprise zone EIR and notice oi' completion are not received by the
Agency by the deadline for submitting final applications set forth in the
Enterprise Zone Final Application Handbook.
(c) If any boundary of the proposed enterprise zone is located within
10 miles of the boundary of an area that has been designated as an enter-
prise zone under the Act or a program area under the Employment and
Economic Incentive Act (Government Code section 7080 et seq.), then
the enterprise zone EIR shall consider and analyze whether the location
of a new enterprise zone near an existing enterprise zone or program area
will result in adverse environmental effects on the existing enterprise
zone or program area. This discussion shall include a consideration and
analysis of whether the potential economic changes related to the new en-
terprise zone may translate into physical environmental changes in the
existing enterprise zone or program area, as discussed by the California
courts of appeal in Citizens for Quality Growth v. City of Mount Shasta
( 1 988) 198 Cal.App.3d 433, 445^46, and Citizens Association for Sen-
sible Development of Bishop Area v. County of Inyo (1985) 172
Cal.App.3d 151, 169-171.
NOTh: Authority cited: Section 7076, Government Code; and Section 2 1082. Pub-
lic Resources Code. Reference: Section 7075. Government Code.
HlSIORY
1 . New section filed 4-2-90 as an emergency: operative 4-2-90 (Register 90. No.
14). A Cenificate of Compliance must be transmitted to OAL within 180 days
oremerecncy language will be repealed on 10-1-90. For prior history, see Reg-
ister 87? No. 2.
2. Cenificate of Compliance as to 4-2-90 order includine amendment transniitled
to OAL 9-27-90 and filed 10-29-90 (Register 90. No. 50).
3. Change without regulatory effect amending subsection (b) filed 2-7-94 pur-
suant to title 1, section 100, California Code of Resulations (Reaister 94. No.
6).
4. Change without regulatory effect renumbering title 10, section 5629 to title 25,
section 8449.5 filed 7-19-2005 pursuant to section 100, title 1, California Code
of Regulations (Register 2005. No. 29).
§ 8449.6. Final Enterprise Zone EIR.
(a) If a final applicant is not awarded conditional designation status,
then it shall have no duty or obligation to complete the final enterprise
zone EIR or to complete the EIR process.
(b) If a final applicant is awarded conditional designation status, then,
within 90 days after the date the Agency mails the conditional designa-
tion document referred to in section 5614, each final applicant shall do
all of the following:
(1) Complete the final enterprise zone EIR and the final EIR review
and project approval process under CEQA and the CEQA guidelines; and
(2) Submit two copies of the following documents to the Agency:
(A) Final enterprise zone EIR (if the draft enterprise zone EIR is a sep-
arate and severable part of the final EIR, then the applicant does not need
to resubmit any more copies of the draft EIR);
(B) Written certification pursuant to section 15090 of the CEQA
guidelines;
(C) Written findings, if any, pursuant to sections 15091 and 15093 of
the CEQA guidelines;
(D) Written project approval pursuant to section 15092 of the CEQA
guidelines, including conditions of approval, if any; and
(E) Notice of determination pursuant to section 15094 of the CEQA
guidelines.
(c) If a final applicant fails to .submit all of the documents listed under
subsection (b)(2) within the time specified in this section, then the final
applicant shall be disqualified from receiving final designation.
(d) The items listed under subsections (b)(2)(B), (C), and (D) may be
one or more separate documents. Two copies of each of the documents
listed under subsection (B)(2) shall be mailed or delivered to the Agency,
and shall be received by the Agency within 90 days after the date the
Agency mails the conditional designation document referred to in section
5614.
NOTE: Authority cited; Section 7076, Govemment Code; and Section 2 1082, Pub-
lic Resources Code. Reference: Section 7075, Govemment Code.
History
1 . New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.
14). A Certificate of Compliance must be transmitted to OAL within 1 80 days
or emergency language will be repealed on 10-1-90. For prior history, see Reg-
ister 87. No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending ssubecfions (b), (b)(2) and (d) filed
2-7-94 pursuant to title 1 , section 100, California Code of Regulafions (Regis-
ter 94. No. 6).
4. Change without regulatory effect amending subsections (b)(2) and (d) filed
6-1 5-94 pursuant to title 1 . section 1 00. California Code of Regulations (Regis-
ter 94. No. 24).
5. Change without regulatory effect renumbering title 10, section 5630 to title 25,
sectio'n 8449.6 filed 7-19-2005 pursuant to section 1 00, title 1 , California Code
of Regulations (Register 2005, No. 29).
§ 8449.7. Review of Final Enterprise Zone EIR by the
Agency.
Upon timely receipt of the documents listed in section 5630(b)(2), and
prior to granting final designation, the Agency, as a responsible agency,
shall review and consider the information in the final enteiprise zone EIR
and decide whether or how to approve the project in accordance with a
responsible agency's duties and responsibilities under CEQA and the
CEQA guidelines.
Page 496.154
Register 2005, No. 29; 7-22-2005
Title 25
Department of Housing and Community Development Programs
$ 8463
No n:: Aiithoril y cited: Section 7076. Govemmenl Code; and Section 2 1 082. Pub-
lic Resoiiices Code. Relerence: Section 7075, Government Code.
History
1 . New section tiled 4-2-90 as an emergency: operative 4-2-90 (Register 90. No.
14). A Ceilillcate of Compliance must he transmitted to OAL within 1 80 days
oremerizenev lanmiaee will he repealed on 10-1-90. For prior history, see Reg-
ister 87rNo.'2.
2. Ceilillcate ot'Coniplianee as to 4-2-90 t)rder transmitted to OAL 9-27-90 and
filed 10-29-90 (Register 90. No. .50).
3. Change without regulatory effect airiending .section heading and text Hied
6- 1 ,5-94 pursuant to title 1 . section 1 00, Calil'ornia Code of Reeulations (Reeis-
ler94. No. 24).
4. Change without regulatory effect renumbering title 10. section 5631 to title 25,
section 8449.7 filed 7- 1 9-2005 pmsuant to section 1 00, title 1 , California Code
of Reeulations (Retiister 2005. No. 29).
Article 14. Enterprise Zone Administration
and Issuance of Vouchers
§ 8460. Applicability.
(a) With respect to the application for atid issuatice of" vouchers, the
provisiotis of this Article shall apply to voucher applications subtnitted
after the eft'ective date of these regulatiotis and vouchers issued pursuant
to such applications.
(b) Notwithstanding subdivision (a), the provisions of this Article
shall not apply to voucher applications, atid vouchers issued pursuant
thereto, for employees hired prior to July 1 , 2000, which are based on an
employee's eligibility for or receipt of services under the federal Job
Training Partnership Act.
NOTE: Authority cited: Section 7086. Government Code: and Sections
1 7()53.74(c)( 1 ) and 23622. 7(c)( 1 ). Revenue and Taxation Code. Reference: Sec-
tions 7076 and 7086, Government Code: and Sections 17053.74(c)(1) and
23622. 7(e)( 1 ), Revenue and Taxation Code.
History
1 . New article 14 (sections 8460-8467) and section filed 1 1-27-2006; operative
1 1-27-2006 pursuant to Government Code section 11343.4 (Reeister 2006.
No. 48).
§8461. Definitions.
The following definitions shall apply to this Article 14 only. Unless
noted otherwise or the context otherwise requires, the term "Subdivi-
sion."' for purposes of this Article, refers to the saine subdivision of both
Revenue and Taxation Code Section 17053.74 and Revenue and Taxa-
tion Code Section 23622.7.
(a) "'Applicant" ineans a "taxpayer" as defined in subdivision (b)(5) of
Revenue and Taxation Code Sections 17053.74 and 23622.7.
(h) "Application" means an application for a voucher, which shall con-
tain the information required by Section 8464 and the docuinentation re-
quired by Section 8466 in a forinat provided by the Department.
(c) "Conllict of interest" trieans that it is reasonably foreseeable that
a decision that a zone manager, zone staff, or third party entity as per-
initted by subdivision 8463 participates in or influences will have a mate-
rial financial effect, distinguishable from its effect on the public general-
ly, on the zone manager, zone staff, or third party entity, a member of his
or her immediate family, or a business entity in which the zone manager,
zone staff or third party entity is directly or indirectly involved.
(d) "Economically disadvantaged individual" or "economically disad-
vantaged youth" means an individual who is at least 14 years of age, and
resides in a household with a total family income not exceeding the very
low income category adjusted for family size and location, as set forth in
the latest edition of the Income Limits published periodically by the De-
partment pursuant to CCR Title 25. Section 6932, or in the latest edition
o\' the Section 8 Income Limits published periodically by the U.S. De-
partment of Housing and Urban Developinent. For purposes of this sub-
division, "fainily" means two or more persons related by blood, mar-
riage, or decree of court, who are living in a single residence, and are
included in one or inore of the following categories: (i) A husband, wife,
and dependent children; (ii) A parent or guardian and dependent chil-
dren: (iii) A husband and wife. The employee's income shall be verified
by the providers of the income or by third parly entities. Verilicaiion shall
include the following information in a formal provided by the depari-
nient;
1 . Name of the employee
2. NaiTie. address and telephone nutnberol'ihe income provider or the
third party entity verifying the income information, and the signature o\'
the person who filled out the form.
3. Date of verification, which shall be no earlier than 90 days prior lo
the filing of the voucher application
4. The fortn of incoine verified (hourly wages, salary, interest, pen-
sion, public assistance, self-employment, social security, unemploy-
ment compensation, or identified other)
5. The amount of income paid to the employee immediately preceding
the date of verification (i.e., within the preceding 90 days)
6. The employee's signed certification, if applicable, of self-eiriploy-
ment incoine, or of no income.
(e) "Ex-offender" ineans an individual who has been convicted of a
felony or a misdemeanor offense punishable by incarceration, or a person
charged with a felony offense or a mi.sdemeanor offense punishable by
incarceration but placed on probation by a state court without a finding
of guilt. "Ex-offender" does not include an individual whose record has
been expunged.
(f) "Household" means one or more persons who occupy a single
dwelling unit.
(g) "Immediately preceding" means within the previous 90 days,
(h) "Long-term unemployed" means current and continuous unem-
ployment lasting for 15 weeks or more.
(i) "Veteran" means an individual who served in the active military,
naval, or air service of the United States.
NOTE: Authority cited: Section 7086. Government Code; and Sections
17053.74(c)(1) and 23622.7(c)(1), Revenue and Taxation Code. Reference: .Sec-
tions 7072, 7076, 7076.1 and 7086, Government Code; and Sections 17053.74(c)
and 23622.7(c), Revenue and Taxation Code.
History
1 . New section filed 1 1-27-2006; operative 1 1-27-2006 pursuant to Government
Code section 1 1 343.4 (Register 2006, No. 48).
§ 8462. Designation of Zone Manager and Staffing.
(a) Each enterprise zone governing body shall designate an enterprise
zone manager and shall notify the Department, in writing, of its designee.
If the zone manager is not an employee, department, or agency of the city,
county, or city and county in which the enterprise zone is located, the
governing body shall enter into a written agreement with the zone manag-
er requiring, at a minimum, compliance with this Article 14.
(b) The governing body of each zone shall ensure that its zone is bud-
geted or staffed at a level that will ensure compliance with the voucher
program requirements of this Article 14.
(c) The enterprise zone governing body shall not reduce the budget ov
staff allocation of its zone manager from the levels indicated in its current
MOU without prior written approval from the Department.
NOTE: Authority cited: Section 7086, Government Code; and Sections
17053.74(c)( 1 ) and 23622. 7(c)(] ), Revenue and Taxation Code. Reference: .Sec-
tions 7076, 7076.1 and 7086, Government Code; and Sections 1 7()53.74(c)( 1 ) and
2.3622.7(c)(1), Revenue and Taxation Code.
History
1. New section filed 1 1-27-2006; operative i 1-27-2006 pursuant to Govemmenl
Code section H 343.4 (Register 2006, No. 48).
§ 8463. Administration of a Vouchering Program.
(a) Each enterprise zone shall have and maintain a vouchering plan
containing policies and procedures for the operation of a vouchering pro-
gram. The plan shall meet the following criteria:
(1) The plan shall have written vouchering policies and procedures
that ensure compliance with Revenue and Taxation Code Sections
17053.74 and 23622.7. Government Code Section 7070 et seq.. Califor-
nia Code of Regulations title 10. chapter 7.8 commencing with Section
5600. and this subchapter 21.
(2) The plan shall require any Applicant requesting a voucher lo pro-
vide documentary evidence to substantiate that the employee for w hom
a voucher is requested satisfied immediately preceding the commence-
Page 496.155
Register 2006, No. 48; 12- 1 -2006
§8464
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
meni of employment, the requirements of subdivision (b)(4)(A)(iv) of
Revenue and Taxation Code Sections 17053.74 or 23622.7 as a qualified
employee.
(3) The plan shall require the zone manager and zone staff to retain and
keep confidential a copy of each voucher application received and each
voucher issued and their supporting documentation. These records shall
include the date the application was received, whether the application
was approved or denied, and a statement signed by the zone manager of
the basis for the decision on each voucher application. Unless otherwise
required by law these records shall be accessible only to the zone manag-
er and zone staff, the zone governing body, the Franchise Tax Board, the
Department, and Applicants (or their designees) who may access only
their own applications. All applications and voucher records shall be
maintained for a minimum of five years from the dale an application for
a voucher is received.
(4) The plan shall require the zone to certify that the zone manager,
zone staff, and any third party entities designated pursuant to subdivision
(a)(7) of this section, are free of any conflicts of interest with Applicants
or with the zone's obligations to objectively evaluate and process ap-
plications.
(5) The plan shall require the zone to certify that vouchering policies
and procedures are administered consistently.
(6) The plan shall include an annual affirmative marketing procedure
to make businesses aware of the opportunities to participate in the enter-
prise zone program and of the vouchering plan.
(7) A zone governing body may designate a third party entity to pro-
cess voucher applications if the plan expressly provides for this designa-
tion and the third party entity enters into a written agreement with the
zone, which agreement requires compliance with this Article 14 and the
third party entity certifies that it is free of any conflict of interest as de-
fined in this Article. The zone shall keep copies of all vouchers and ap-
plications processed by a third party.
(b) Zone managers shall apply to the Department for allocations of
voucher numbers, and shall sequentially number vouchers issued using
numbers in the allocation provided.
(c) Notwithstanding the designation by an enterprise zone governing
body of an enterprise zone manager, or of a third party enuty to process
voucher applications, the enterprise zone governing body shall remain
responsible for compliance with the requirements of this Article 14.
(d) Compliance with this Arficle 14 shall be evaluated as part of any
Department audit of an enterprise zone program.
NOTEi: Auttiority cited; Section 7086, Government Code; and Sections
]70.'i3.74(c)(l) and 23622.7(c)(i ), Revenue and Taxation Code. Reference: Sec-
tions 7076. 7076.1, 7085 and 7086. Government Code; and Sections
17053.74(c)(1) and 23622.7(c)(]), Revenue and Taxation Code.
History
1 . New section tiled 1 1-27-2006; operative 1 1-27-2006 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 48).
§ 8464. Content of an Application and a Voucher.
(a) A voucher application shall contain all of the following:
(D Employee's name, home address, telephone number (if applica-
ble), social security number or other identifying number approved by the
Department, job title, date of commencement of employment, starting
hourly wage or salary, whether the employee was hired into a new posi-
tion or an existing position, and date of termination if no longer employed
by the Applicant.
(2) Employer's name, address, address of business location in the zone
if different, telephone number, e-mail address (if applicable) and federal
tax identification number.
(3) Identification of the "qualified employee" eligibility category un-
der which the Applicant is applying. For purposes of this Article, "eligi-
bility category" means the specific Revenue and Taxation Code subdivi-
sion under which the employee qualifies (e.g.,
17()53.74(b)(4)(A)(iv)(IV)(bb), 23622.7(b)(4)(A)(iv)(VII)(cc), or
23(322.7(b)(4)(A)(iv)(IX)).
(4) All ol" the Information and documentation required by Section
8466.
(5) A statement by the Applicant, stating that it provided the priority
for employment required by subdivision (b)(4)(B) of Revenue and Taxa-
tion Code Sections 17053.74 and 23622.7.
(6) A siaiement by the Applicant that it is engaged in a trade or business
within the zone.
(b) A voucher shall contain all of the following:
( 1 ) The name of the enterprise zone issuing the voucher, and the ad-
dress, phone number, and e-mail address of the zone manager at the zone
office.
(2) The employee's name, home address, telephone number (if appli-
cable), e-mail addressif available, social security number or other identi-
fying number approved by the Department, date of commencement of
employment, and date of termination if no longer employed by the Appli-
cant.
(3) The Applicant's name. Applicant contact name, address, address
of business locauon in the zone if different (if applicable), telephone
number, e-mail address (if applicable) of the appropriate contact person,
and federal tax idenfification number.
(4) The "qualified employee" eligibility category under which the
voucher is being issued.
(5) The name and signature of the zone manager and the date of is-
suance.
NOTIl: Authority cited: Section 7086, Government Code; and Sections
]7053.74(c)( 1 ) and 23622.7(c)(1). Revenue and Taxation Code. Reference: Sec-
tions 7076 and 7086, Governmenl Code; Sections 17053.74(c)(1) and
23622. 7(c)( 1 ). Revenue and Taxation Code.
History
1 . New section tiled 1 1-27-2006; operative 1 1-27-2006 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 48).
§ 8465. Issuance of a Voucher.
(a) An enterprise zone manager shall issue a voucher if all of the fol-
lowing criteria are safisfied:
(1) The voucher is requested by an eligible Applicant
(2) The voucher application contains all the information required by
Secfions 8464 and 8466.
(3) The voucher application demonstrates that the employee meets the
eligibility requirements of Subdivision (b)(4)(A)(iv).
(b) After the zone termination date, the zone manager may continue
to issue vouchers for applications for qualified employees who are
employed by the Applicant within the enterprise zone within the
60-month period prior to the zone expiration date, provided that the crite-
ria in subdivision (a) are satisfied. If the zone manager of the local gov-
ernment administering the enterprise zone is no longer issuing vouchers,
an Applicant may request a voucher from the local county or city WIA
administrative entity, or the local county Work Opportunity Tax Credit
office or social services agency, who may issue vouchers for applications
for qualified employees who are employed by the Applicant within the
enterprise zone within the 60-month period prior to the zone expiration
dale, provided that the criteria in subdivision (a) are satisfied.
NOTti: Authority cited: Section 7086, Government Code; and Sections
1 7053.74(c)( I ) and 23622. 7(c)( 1 ), Revenue and Taxation Code. Reference: Sec-
tions 7076 and 7086, Government Code; and Sections 17053.74(c)(1) and
23622. 7(c)( 1). Revenue and Taxation Code.
History
1. New section filed 1 1-27-2006; operative 11 -27-2006 pursuant to Government
Code section 1 1343.4 (Regi.ster 2006, No. 48).
§ 8466. Acceptable Documentation.
(a) To demonstrate that an employee is a qualified employee under
Subdivision (b)(4)(A)(iv)(I). (b)(4)(A)(iv)(II). or (b)(4)(A)(iv)(XI). the
Applicant shall provide one of the following documents pertaining to the
einployee's status immediately preceding commencement of employ-
ment with the Applicant:
(1 ) A document issued by the local CalWORKS administrator staling
that the employee was eligible for CalWORKS.
Page 496.156
Register 2006, No. 48; 12- 1-2006
Title 25
Department of Housing and Community Development Programs
^8466
•
(2) A docLiinenl issued by the loeal WIA ease manager or administra-
tor staling ihal the employee is enrolled in, or eligible for. WIA Intensive
Serviees or Core B.
(3) A doeumeni issued by the Work ()ppt)rtunily Tax Credit or succes-
sor program's "designated local agency'" (as defined in Internal Revenue
Code Section 5 1 (d)(15)) stating that the employee was a meniber of a tar-
geted group, as defined in Internal Revenue Code Section 31(d). or its
successor.
(b) To demonstrate that the employee is a qualified employee as an
cctMiomically disadvantaged individual under Subdivision
(b)(4)(A)(iv)(lll). the Applicant shall provide:
( 1 ) An official identification card or other document issued by the fed-
eral government or any state or local government that shows the em-
ployee's age or date of birth, and indicates that the employee is at least
14 years of age; and
(2) Documentation that, immediately preceding the commencement
of employment with the Applicant, the employee was an economically
disadvantaged individual or economically disadvantaged youth as de-
fined in subdivision 8461(d).
(c) To demonstrate that, immediately preceding the commencement
of employment with the Applicant, the employee is a qualified employee
as a dislocated worker under Subdivision (b)(4)(A)(iv)(lV)(aa). the Ap-
plicant shall provide at least one item from each of subdivisions ( I ). (2)
and (3) below:
( 1 ) To document that an employee has been terminated, laid off, or re-
ceived a notice of termination or layoff:
(A) Copy of a termination notice or other company documentation of
employee's termination or layoff.
(B) Employer or union representative letter identifying the em-
ployee's termination date.
(C) Photocopy of printed media article or announcement, including
the name and date of the publication, describing the layoff, along with a
copy of the employee's last payroll check prior to hire by the Applicant.
(D) Separation or Termination Report, or equivalent, signed by the
employee's former employer.
(E) Document showing that the employee is eligible for or has ex-
hausted entitlement to unemployment insurance benefits as specified in
subdivision (c)(2) below.
(2) To document that the employee is eligible for or has exhausted en-
titlement to unemployment insurance benefits:
(A) Unemployment insurance records.
(B) Statement by an Unemployment Insurance representative.
(3) To demonstrate that the employee is unlikely to return to his or her
previous industry or occupation:
(A) Screen print of California Employment Development Department
Labor Market Information Division screens that indicates limited oppor-
tunities for employment in the same or similar occupation such that the
employee is unlikely to return to that occupation.
(B) Doctor's statement indicating employee's inability to return to
previous industry/occupation due to physical limitations.
(C) Vocational rehabilitation counselor's statement indicating the em-
ployee's inability to return to previous industry/occupation due to physi-
cal limitations.
(D) Other third-parly documentation that demonstrates the unavail-
ability of similar employment in the employee's previous industry or
profession.
(d) To demonstrate that, immediately preceding the commencement
of employment with the Applicant, an employee is a qualified employee
as a dislocated worker under Subdivision (b)(4)(A)(iv)(IV)(bb) due to
plant, facility, or enterprise closure, the Applicant shall provide at least
one item from each of subdivisions ( 1 ) and (2) below:
( 1 ) To document that there has been a permanent plant, facility, or en-
terprise closure or substantial lay off:
(A) Bankruptcy documents, if declared under Chapter 7, Title 1 1
U.S.C.. Notice of Foreclosure or a similar document provided by a finan-
cial institution when such document clearly shows that a closure or mass
layoff will occur as a result of its issuance.
(B) Copy of a printed media article/announcement, including the name
and date of the publication, describing the closure/mass layt)fl'.
(C) Statement from the employer or the union representative.
(D) Statement from the employer's bank olTicial. attorney, supplier,
or accountant.
(E) WARN (Worker Adjustment and Retraining Notification Act ) no-
tice.
(2) To document that an employee has been terminated, laid off, or re-
ceived a notice of termination or layoif , the Applicant shall pro\ ide one
of the following documents verifying that the employee was employed
at the plant, facility, or enterprise identified in (d)( 1 ) above:
(A) Copy of a notice of termination or layoff or other company docu-
mentation of employee's termination.
(B) Employer or union representative letter identifying the em-
ployee's termination date.
(C) Separation or Termination Report, or equivalent, signed by the
employee's former employer.
(D) Evidence that the employee is or was employed by the plant, facil-
ity, or enterprise identified in subdivision (d)( I ).
(E) WARN notice.
(e) To demonstrate thai an employee is a qualified employee as a dislo-
cated worker under Subdivision (b)(4)(A)(iv)(lV)(cc) as long-term un-
employed and has limited opportunities for employment or reemploy-
ment in the same or a similar occupation in the area in which the
individual resides, the Applicant shall provide at least one item from each
of subdivisions ( 1 ) and (2) below:
( 1 ) To document that the employee is long-term unemployed, one of
the following dated at least 1 3 weeks prior to commencement of employ-
ment with the Applicant:
(A) Proof of receipt of unemployment benefits for at least 1 3 weeks
prior to commencement of employment or proof that unemployment
benefits were exhausted.
(B) Unemployment insurance verification (benefits records).
(C) Unemployment insurance award letter with claim history.
(D) Workers Investment Act Displaced Worker Unit Verification.
(E) Statement by an Unemployment Insurance representative.
(F) Documentation that qualifies the employee as a dislocated worker
under subdivision (c) or as a dislocated worker due to plant, facility, or
enterpri,se closure under subdivision (d) showing long-term unemploy-
ment for at least 1 5 weeks prior to commencement of employment.
(2) To document that the employee has limited opportunities for em-
ployment or reemployment in the same or a similar occupation:
(A) Screen print of California Employment Development Department
Labor Market Information Division screens that indicates limited oppor-
tunities for employment or reemployment in the same or similar occupa-
tion.
(B) Doctor's statement indicating employee's inability to return to
previous industry/occupation due to physical limitations.
(C) Vocational rehabilitation counselor's statement indicating the em-
ployee's inability to return to previous industry/occupation due to physi-
cal limitations.
(D) Other third-party documentation that demonstrates the unavail-
ability of similar employment in the employee's previous industry or
profession.
(f) To demonstrate that, immediately preceding the commencement of
employment with the Applicant, an employee is a qualified employee as
a dislocated former self-employed worker under Subdivision
(b)(4)(A)(iv)(IV)(dd), the Applicant shall provide a combination of the
following or other documents sufficient to demonstrate that the em-
ployee previously was self-employed and was unemployed prior to the
commencement of employment due to economic conditions in the com-
munity or due lo natural disaster:
Page 496.157
Register 2006, No. 48; 12-1-2006
§8466
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
( 1) Bankruptcy documcnls listing hotii tlie name of the business and
the employee's name.
(2) A business license or permit listing the employee's name.
(3) Copy of articles oi' incorporation or documentation of dissolution
for the business listing the employee as an owner.
(4) Prior year's income tax return.
(g) To demonstrate that, immediately preceding the commencement
of employment with the Applicant, an employee is a qualified employee
under Subdivision (b)(4)(A)(iv)(lV)(ee) as a dislocated civilian em-
ployee of the Department of Defense employed at a military installation
being closed or realigned under the Defense Base Closure and Realign-
ment Act of 1990. the Applicant shall provide a copy of the employee's
termination notice and either a copy of a media article or announcement
describing the layoff or closure, or an employer or union representative
letter describing the layoff or closure.
(h) To demonstrate that, immediately preceding the commencement
of employment with the Applicant, an employee is a qualified employee
under Subdivision (b)(4)(A)(iv)(lV)(ff) as a dislocated worker who was
an active member of the armed forces or National Guard as of September
30. 1 990, and was involuntarily separated or separated pursuant to a spe-
cial benefits program, the Applicant shall provide one of the following
documents demonstrating that the employee meets the above qualifica-
tions:
(1 ) Report of separation or discharge from the armed services or the
National Guard.
(2) Veterans Administration documentation.
(3) Verification by State Veterans Agency.
(i) To demonstrate that, immediately preceding the commencement of
employment with the Applicant, an employee is a qualified employee un-
der Subdivision (b)(4)(A)(iv)(IV)(gg) as a dislocated worker due to sea-
sonal unemployment, the Applicant shall provide one of the following
documents demonstrating that the employee was a seasonal or migrant
worker:
(1) Documentation of employee's migrant employment in a seasonal
occupation.
(2) Employer or union representative letter describing seasonal layoff
in employee's seasonal occupation.
(3) Copies of termination notices identifying employer and employee.
(4) Copies of employee's pay stubs identifying seasonal employer.
( j) To demonstrate that, immediately preceding the commencement of
employment with the Applicant, an employee is a qualified employee un-
der Subdivision (b)(4)(A)(iv)(IV)(hh) as a dislocated worker due to
Clean Air Act compliance, the Applicant shall provide a copy of the em-
ployee's termination notice and either a photocopy of a media article or
announcement describing the reason for the layoff, or an employer or
union representative letter stating that compliance with the Clean Air Act
was the reason for the layoff.
(k) To demonstrate that, immediately preceding the commencement
of employment with the Applicant, an employee is qualified as a disabled
individual under Subdivision (b)(4)(A)(iv)(V), the Applicant shall pro-
vide the documentation required either by (1) or (2):
( 1 ) The Applicant shall provide one of the following documents dem-
onstrating that the employee was disabled and is eligible for, enrolled in.
or has completed a state rehabilitation plan:
(A) Physician's statement.
(B) Rehabilitation plan.
(C) Vocational rehabilitation letter.
(D) Verification by state or federal rehabilitation counselor.
(E) Letter from a state drug or alcohol rehabilitation agency.
(F) Medical records.
(G) Social Security Administration disability records.
(H) Social Service records/referral.
(2) The Applicant shall provide one of the following documents dem-
onstrating that the employee is a service-connected disabled veteran:
(A) DD-214 Defense Department Report of Separation.
(B) Veterans Administration documentation.
(C) Verification by State Veterans Agency.
(/) To demonstrate that an employee is a qualified employee under
Subdivision (b)(4)(A)(iv)(V) as a Vietnam era veteran or a veteran re-
cently separated from military service, the Applicant shall provide one
of the following documents demonstrating that the employee meets the
above qualifications:
( 1 ) Report of separation or discharge from the armed services or the
National Guard.
(2) Veterans Administrafion documentation.
(3) Verification by State Veterans Agency.
For purposes olthis subdivision, "recently separated" means within 48
months preceding commencement of employment with the qualified tax-
payer; and the term "Vietnam era veteran" means a veteran any part of
whose active military service occurred between August 5, 1 964, and May
7, 1975.
{ m ) To demonstrate that an employee is a qualified employee as an ex-
offender under Subdivision (b)(4)(A)(iv)(VI), the Applicant shall pro-
vide one of the following documents verifying that immediately preced-
ing commencement of employment the employee was an ex-offender as
defined in subdivision 8461:
( 1 ) Court documents.
(2) Letter of parole.
(3) Letter from probation officer.
(4) Police records.
{5) A copy of a background check report or independent court records
report showing the employee as an ex-offender as defined in subdivision
8461(e), signed by a background checking business or independent court
records business, licensed and/or certified if required by California or
federal law.
(6) Other government document verifying ex-offender status, such as
a letter from the Board of Prison Terms, or a letter from the Governor's
Office.
(n) To demonstrate that an employee is a qualified employee under
Subdivision (b)(4)(A)(iv)( VII) as a recipient of, or eligible for. public as-
sistance, the Applicant shall provide one of the following documents ver-
ifying that the employee was receiving, or was eligible to receive, the as-
sistance immediately preceding the commencement of employment:
( 1 ) PubUc assistance award letter.
(2) Benefit printout.
(3) Current food stamp identification card or award letter.
(4) Social Security Insurance award letter or check stub.
(5) Refugee Cash Assistance.
(6) Verification by Department of Social Services.
(7) Written statement from county welfare office or telephone verifi-
cation by zone manager.
(8) Public assistance records/printout.
(0) To demonstrate that an employee is a qualified employee under
Subdivision (b)(4)(A)(iv)(VIII) as a Nadve American. Native Samoan.
Nauve Hawaiian, or member of another group of Native American de-
scent, the Applicant shall provide one of the following documents:
(1) Native American tribal record document.
(2) Certified Degree of Indian Blood (CDIB) card, issued by the Bu-
reau of Indian Affairs.
(3) Documentation that the employee is a Native Samoan. Native Ha-
waiian, or a member of another group of Native American descent.
(p) To demonstrate that an employee is a qualified employee under
Subdivision (b)(4)(A)(iv)(IX) as a resident of a targeted employment
area ("TEA"), as defined in Secfion 7072 of the Government Code, the
Applicant shall provide a copy of the officially listed TEA address range
and one of the following documents, verifying that the employee resided
in a TEA immediately preceding the commencement of employment:
(1) Form 1-9. U.S. Department of JusUce. Immigrafion and Natural-
ization Service.
(2) Driver's license or State Identification Card.
(3) Landlord statement.
(4) Lease or rental agreement.
Page 496.158
Register 2006, No. 48; 12-1-2006
Title 25
Department of Housing and Community Development Programs
^8467
(5) Ulilily bill.
Noil : Auiln)iity cited: Section 7086. Govcvnnicnt Code: and Sections
1 7()53.74(c)( 1 ) and 23622. 7(e)( 1 ). Revenue and Taxation Code. Reference: Sec-
lions 7076 and 70S6. Government Code; and Sections 17053.74(c)(1) and
23622. 7(c)( 1 ). Revenue and Taxation Code.
History
I . New section tiled 1 1-27-2006: operative 1 I -27 -2006 pursuant to Government
Code section 1 1 343.4 (Register 2006. No. 48).
§ 8467. Voucher Appeals.
Appeal of a denial of a voiicher application .shall be made in accor-
dance with the provisions of this Section.
(a) All appeals shall be in writing and shall include the following in-
formation:
( 1 ) Name and address of the business, and. if applicable, the business's
representative for the purposes of the appeal;
(2) Signature of the business or the business's authorized representa-
tive;
(3) Narrative discussion of why the denial should be reversed and any
additional information or documentation not previously provided in sup-
port of the application; and,
(4) A copy of all denial notices.
(b) A denial issued by a zone manager may be appealed to the /one
manager within 60 calendar days of the date of the denial. The zone man-
ager shall respond to the appeal, with a final decision in wtiting, within
60 calendar days of receipt of the appeal. The zone inanager's final deci-
sion shall set forth the basis for tlie zone manager's decision to accept or
reject the appeal and shall be sent to the Applicant and the Deparimeni.
(c) A final decision by a zone manager denying an application may be
appealed to the Departinent within 30 calendar days ol'the date of the fi-
nal decision by the zone manager. The Departinent shall have OOcalendar
days froiT) receipt of an appeal froin an Applicant to issue a written re-
sponse granting or denying the appeal.
(d) The decision of the Department shall be final, shall be rendered in
writing, and shall be sent to the Applicant, the Applicant's authorized
representative if applicable, and the zone manager. If the Department
grants the appeal, the zone manager shall issue a voucher to the appealing
party.
NOTE: Authority cited: Section 7086. Government Code: and Sections
17053.74(0(1 ) and 23622. 7(c)( 1 ). Revenue and Taxation Code. Reference: Sec-
tions 7076 and 7086(d), Government Code; and Sections 17053. 74(c)( 1 ) and
23622.7(c)(1). Revenue and Taxation Code.
History
1 . New section filed 1 1-27-2006; operative 1 1-27-2006 pursuant toGosernmcni
Code section 1 1343.4 (Reeister 2006, No. 48).
* -Y- *
Page 496.159
Register 2006, No. 48; 1 2 - 1 - 2006
^
Barclays Official
California
Code of
Regulations
Title 25. Housing and Community
Development
Division 2. California Housing Finance Agency
Vol. 33
xMOivisorsi
— ^♦h- ^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 25
California Housing Finance Agency
Table of Contents
Division 2. California Housing Finance Agency
Table of Contents
Page
Page
Chapter I . General 497
Article 1 . Conflict of Interest Code 497
>:; lOOOl. General Provisions.
Appendix 497
§ 10002. Delegation; Absence.
Chapter 2. Rental Housing Development
Programs 498
Article 1 . General 498
vj 1 1001. Authority and Purpose.
§ 11002. Definitions.
S 11 (MB. Delegation.
Article 2. Construction and Mortgage
Loans 499
>; 1 1 101 . Qualification of Housing Sponsors
tor Rental Housing Developments to
Be Constructed.
i^ 1 1 102. Criteria (or Rental Housing
Developments to Be Constructed.
S 1 1 102..^. Construction Standards. Access for
Physically Handicapped.
§ 1110.^. Nonhousing Facilities.
^ \\] 04. Terms and Conditions ot Loans.
§ i 1 105. Interest Rate Limitations.
iJ 1 1 106. Construction Progress Payment
Disbursements.
j:; 1 1 107. Earnings Distribution.
Article 3. Equal Opportunity 501
§ 1 1 201 . Fqual Employment and Business
Opportunity; Equal Housing
Opportunity.
§ 1 1202. Aftlrmative Marketing Programs.
§ 11203. Employment of Project Area
Residents and Contractors — Section
3 Covered Projects.
S 11204. Equal Housing Opportunity.
§ 1 1205. Affirmative Marketing Programs.
S 11206. Adaptation of Language.
Article 4. Tenancy Standards and
Procedures 502
S 1 1401 . Selection of Tenants.
i< 11402. Leases.
5 1 1403. Tenant Grievance Procedures.
5 11404. Housing Sponsor Grievance
Procedure.
;^ 11405. Termination of Tenancies Other
Than by Eviction.
§ 1 1406. Eviction Hearing Procedure.
Article 6. Construction Loans Where
Agency Does Not Provide
Permanent Financing 504
§ 11500. Construction Loans for Housing
Developments for Which the
Agency Does Not Provide
Permanent Financing,
v^ 11502. Labor Standards.
§ 1 1503. Equal Opportunity and Affirmative
Action Requirements.
Artie
le L
§ 1
2001.
^ 1
2002.
S 1
2003.
§ 1
2004.
§ 1
2005.
Articl
le2.
§ 1
2101.
§ I
2102.
V5 1
2103.
S 1
2104.
§ 1
2105.
i5 1
2106.
§ 1
2107.
§ i
2108.
§ 1 1504. Substitution of Agency Funds for
Mortgage Lenders Resources.
§ 11505. Servicing in Event of Sponsor's
Default.
Chapter 3. Restrictions on Agency Public
Benefits to Aliens s{u
General 504
Authority and Purpose.
Definitions.
Limitation.
Severability.
Nondfscrimination.
Eligibility for Benefits 507
Eligibility for Agency Public
Benefits.
Vv'hen Musi Eligibility Be Verified.
Vv'ho Must Verify Eligibility.
Method of Verifying Eligibility.
Federal Public Benefits.
Remedies for Ineligibility.
Appeal Process.
Appeal Process.
Chapter 4. Procedures of Board of
Directors 5io
Article 1 . Board Action 5 1 o
§ 13300. Quorum.
§ 13301. Vote Requirement.
§ 13302. Approval of Contractual
Agreements and Debt Obligations.
Chapter 5. Home Ownership and Home
Improvement 5 1 1
Article 1 . General 5 ii
§ 14001. Authority and Purpose.
5? 14002. Definitions.
Article 2. Allocation of Funds and
Market Interest 511
Allocation of Funds.
Market Interest.
Delegation.
Qualified Lender 511
(Certification of Lender.
Fvequirements.
Eligible Borrowers 5ii
Eligible Borrowers.
Speculation Limitations.
Equal Opportunity.
(Reserved.)
Default by Borrower.
Eligible Loans and
Residential Structures 5 it
§ 14500. Premises.
§14501. U se 0 f Proceeds .
§ 14502. Maximum Loan Amount.
§ 14503. Appraisal.
§14504. Interest on Mortgages.
§
§
Article 3,
§
§
Article 4.
§
§
§
§
Article 5.
14200
14201
14202
14300
14301
14400
14401
14402
14403
14404
Page i
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
14305
14306
14307
14308
Article 6
§
14600
5^
14601
§
14602
Artie
e7
14700
$ 1470
Artiele 8.
§ 14800
§ 14801
§ 14802
Chapter 6.
Chapter 10.
Artiele 1.
§ 19001
Artiele 2.
i^ 19200
§ 19201,
§ 19202
Page
Late Charges.
PrepaymenI Penalties.
Fees and Charges.
Interest Rate lixceptions.
Purchase Agreenienls and
Servicing Agreements 312
Purehase Agreements and Servieing
Agreements.
Provisions of Servieing
Agreements.
Substitution of Agency Funds for
Mortgage Lender's Resources.
Rehabilitation 312
Rehabilitation; Disbursement of
Loan Proceeds; Delivery of
Mortgage Loans upon Completion
of Construction.
Rehabilitation: Procedure in the
Event Construction Is Not
Completed.
Affirmative Action, Rent
Limitations, Relocation 312
Affirmative Action.
Rent Limitations.
Relocation.
Housing Bond Credit Committee:
Regulations Prescribing
Procedures 312
Loan and Bond Insurance 312
General 312
Definitions.
Loan Insurance 312
Loans Eligible for Insurance.
Loan Insurance Premiums, Other
Fees and Charges.
Housing Development with
Commercial Space.
S 19203.
§ 19204.
^ 19203.
19206
19207
Article
J? 19300
§ 19301
Article
4
>?
19400
Chapter 20.
Article 1
Cal
^20100.
§20101.
Article 2.
§ 20200.
§ 20201
§ 20202
S 20203
§ 20204
§ 20203
§ 20206
§ 20207
§ 20208
§ 20209
Page
Casualty Insurance Retjuirements.
Insured Loans Involving
Rehabilitation or Property
Improveinent Loans.
Loan Terms — Maximum Length and
Loan to Value Ratio.
Maxiinum — Loan Insurance.
Establishment of Minimum Loan
Insurance Reserve.
Bond Insurance for Local
Public Entities 313
Agency Bond Insurance.
Establishment of Minimum Bond
Insurance Reserve.
Mortgage Insurance on SB 1862
Loans 313
Insurance Requirements for
Homeownership
Interest-Reductions Assistance
Program
-First Home Buyers 313
General 313
Authority and Purpose.
Definitions.
Cal-First Home Buyers Buy-
Down Mortgage Plan 313
Real Property Mortgage Loans
Eligible for the Buy-Down
Mongage Plan.
The Buy-Down Mortgage Plan.
Lender Fees and Charges.
Terms of Note and Deed of Trust.
Eligible Borrowers.
Insurance of Loans.
Servicing.
Certification of Qualified Mortgage
Lender.
Default and Foreclosure.
Allocations.
Page
Title 25
California Housing Finance Agency
^ 10001
Division 2. California Housing Finance
Agency
(Oiiiiinallv Primed 12-6-75)
Chapter 1. General
Article 1. Conflict of Interest Code
$10001. General Provisions.
The Polilical Reroim Act, Govcmmenl Code sections 81000, el seq.,
requires state and local govcmmenl agencies lo adopt and promulgate
Conllict of Interest Codes. The Fair Political Practices Commission has
adopted a regulation, 2 California Code of Regulations section 18730,
which contains the terms of a standard Conllict of Interest Code, which
can be incorporated by reference, and which may be amended by the Fair
Political Practices Commission to conlbrm to amendments in the Politi-
cal Reform Act after public notice and hearings. Therefore, the terms of
2 California Code of Regulations section 1 8730 and any amendments to
it duly adopted by the Fair Political Practices Commission, along with the
attached Appendix in which officials and employees are designated and
disclosure categories are set forth, are hereby incorporated by reference
and constitute the Conflict of Interest Code of the California Housing Fi-
nance Agency (the Agency).
Designated employees shall file statements of economic interests with
the Agency, which will make the statements available for public inspec-
tion and reproduction. (Govt. Code Section 81008). Upon receipt of the
statements of Board Members and the Executive Director, the Agency
shall make and retain a copy and forward the original of these statements
to the Fair Polilical Practices Commission. Statements for all other desig-
nated employees will be retained by the Agency.
NOTL: Authority cited: Sections 87300 and 87304, Government Code. Reference:
.Sections 87300. ct scq.. Governrnenl Code.
History
1. Repealer of chapter 1 (article I. sections 1 000 1 -10006) and new ehapter 1 (ar-
ticle 1 . sections 10001-1001 1 ) tiled 8-1 2-77; effective thirtieth day thereafter.
Approved by Fair Political Practices Conunission 4-20-77 (Register 77, No.
37). For prior history, see Registers 15. No. 49: and 76, No. 20.
2. Repealer of anicle I (sections 10001-1001 1 and Exhibits A and B) and new ar-
ticle 1 (.section 10001 and Appendix) tiled 2-26-81; effective thirtieth day
thereafter. Approved bv Fair Political Practices Conuiiission 1 2-1-80 (Register
81. No. 9).
3. Amendment of Appendix tiled 6-14-84; effective thirtieth day thereafter. .Ap-
proved by Fair Political Practices Commission 5-7-84 (Register 84, No. 24).
4. Amendment of Appendix retiled 1 0-4-84; effective thirtieth day thereafter. .Ap-
proved by Fair Political Practices Commission 3-7-84 (Register 84. No. 40).
.S. Amendment of section 10001 and Appendix filed 1-30-91: operative 3-1-91 .
Approved by Fair Political Practices Commission 12-6-90 (Register 91, No.
14).
6. Amendment of section and Appendix tiled 4-18-96; operative 5-18-96. Ap-
proved by Fair Political Practices Commission 2-8-96 (Register 96, No. 16).
7. Amendment of section and Appendix filed 7-28-97; operative 8-27-97. Ap-
proved by Fair Political Practices Commission 6-4-97 (Register 97, No. 31 ).
8. Amendment of section and Appendix filed 2-7-2006; operative 3-9-2006. Ap-
proved by Fair Political Practices Commission 12-16-2005 (Register 2006,
No. 6).
Conflict of Interest Code of the
California Housing Finance Agency
Appendix
l)c.sii;iuik'cl Employees
Persons holdifii^ the fol/owiii'^ positions
and/or the joUowinii classifications are
"desiiinated etnployces ":
Board of Directors
Board Member (All members of the Board other
than the State Treasurer)
Assii^ned
Disclosure
Category-
Desij^naied liniployees
Executive
Hxecutive Director . . .
Chief Deputy Director
Director of Legislation
Adniinisiralion
Director of Administration
Chief of Administrative Services
Staff Services Manager I (Busines.s Services)
Business Seivices Officer
Information Teclinoloi;y
Chief Information Officer
Staff Information Systems Analyst (Specialist) (System
Administration)
Senior Information Systems Analyst (Supervisor)
Markeiin;^
Director of Marketine (Staff Services Manaeer III )
Le,i^al
General Counsel
Staff Counsel IV
Staff Counsel 111
Staff Coun.sel . .
Financin;^
Director of Financing
Risk Manager
Housing Finance Chief (Financing)
Financing Officer
Financing Specialist
Fiscal Sen- ices
Comptroller
Accounting Administrator III
Accounting Administrator II
Housing Finance Officer (Single Family) . .
Housing Finance Specialist (Single Family)
Homeownership
Director of Homeownership
Housing Finance Chief (Single Family) . . .
Housing Finance Officer (Single Family) . .
Housing Finance Specialist (Single Family)
Miiltifamily
Director of Multifamily Programs
Deputy Program Director (Rental)
Housing Finance Chief (Rental)
Housing Finance Chief (Construction Services)
Supervising Design Officer
Senior Design Officer
Senior Estimator
Senior Housing Construction Inspector
Housing ConstiTiction Inspector
Housing Finance Oftlcer (Rental)
Housing Finance Officer (Construction Services)
Housing Finance Specialist (Rental) (Preservation Assistance)
Housing Finance Specialist (Construction Services)
Chief, Special Lending Programs (CEA II)
Asset Management
Deputy Director of Asset Management
Housing Finance Chief (Management Services) . .
Housing Finance Officer (Management Services) .
Housing Finance Specialist (Management Services)
Housing Maintenance Inspector
Mortgage Insurance Services
Director of Insurance
Housing Finance Chief (Single Family) . .
Housing Finance Officer (Single Family) .
Housing Finance Specialist (Single Family)
Consultants
Consultant
Assigned
l)i\il(i\ure
( '(ile'>or\
1.2.3
1.2.3
1.2.3
I "> 3
3
1.2.3
1.2.3
1.2.3
1.2.3
1.2.3
2.3
3
3
1.2,3
1,2.3
1 .2.3
1.2.3
1,2,3
With respect to Consultants, the General Counsel of the Agency may
determine in writing that a particular consultant, although a "designated
employee," is hired to perform a range of duties that is limited in scope
and thus is not required to comply with the disclosure requirements de-
Page 497
Register 2006, No. 6; 2- 10-2006
§ 10002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
scribed in lliis section. Such determination shall include a description of
the consultant's duties and. based upon that description, a statement of
the extent of disclosure requirements. A copy of the written determina-
tion is a public record and shall be retained and made available for public
inspection in the same manner and location as this Conflict of Interest
Code. Nothing herein excuses any such consultant from any other provi-
sion of this Conflict of Interest Code.
Disclosure Categories
Calegory I
I3esignated employees in Category I must report:
All investments and interests in real property located within the Stale
of California.
Catcgojy 2
Designated employees in Category 2 must report:
All investments and business positions in. and sources of income, in-
cluding gifts, loans, and travel payments, from, any person or entity
which is (i) defined to be a "housing sponsor," "limited-dividend hous-
ing sponsor," or "qualified mortgage lender" by part I, chapter 2, of the
Zenovich-Moscone-Chacon Housing and Home Finance Act (chapter
2 commences at section 50050 of the California Health and Safety Code)
or which is (ii) a financial services company, information technology
company, law firm, mortgage bank, investment bank, real estate services
company, brokerage company, insurance company, title company, es-
crow company, building or construction contractor or subcontractor, that
contracts with or otherwise does business with the Agency, or which is
soliciting, a contract or other business from the Agency.
Category 3
Designated employees in Category 3 must report:
All sources of income, including gifts, loans, and travel payments,
from and investments and business positions in any business entity that,
within the last two years, has contracted with the Agency to provide ser-
vices, supplies, materials, machinery or equipment to the Agency, or that
has otherwise done business with the Agency.
§10002. Delegation; Absence.
In the absence of the Executive Director, the Chief Deputy Director,
or other agency official designated in writing by the Executive Director,
may act on behalf of the Agency with respect to any and all matters on
which the Executive Director has authority to act.
For purposes of this section, "absence of the Executive Director"
means the Executive Director is not present at the location where an ac-
tion or signature on behalf of the agency is required for any reason, in-
cluding, but not limited to. the temporary vacancy of the Executive Di-
rector position.
NOTE; Authority cited: Section 51050, Health and Safety Code. Reference: Sec-
tion 50908, Health and Safety Code.
History
1. New section filed 1 1-12-96: operative 12-12-96 (Register 96. No. 46).
Chapter 2.
Rental Housing Development
Programs
Article 1. General
§ 1 1 001 . Authority and Purpose.
This chapter is adopted pursuant to Section 5 1 050(e) of the Health and
Safety Code in order to implement the provisions of Part 3 (commencing
with Section 50900) of Division 3 1 of the Health and Safety Code other
than the provisions of Chapter 6.7 of said Part 3.
NOTE: Authority cited: Section SIO.'SO, Health and Safety Code. Reference: Sec-
tion 50900, Health and Safety Code.
History
1. New Chapter2(Sections 11001-1 1406, not con.secutive) filed 1 1-23-76; effec-
tive thirtieth day thereafter (Register 76, No. 48).
2. Amendment filed 1 0-2,3-85; elTecti ve thiilieth dav thereafter (Rciiisler 85. No.
43).
§11002. Definitions.
(a) Any term defined in Chapter 2 (comtnencing with Section 50050)
of Division 3 1 . Part 1 of the Health and Safety Code shall have the same
meaning when used in this chapter as is given to it by said Chapter of the
Health and Safety Code unless further or otherwise defined hereafter in
this section.
(b) "Act" means the Zenovich-Moscone-Chacon Housing and Home
Finance Act as it now exists or may hereafter be amended.
(c) "Affordable rent" shall mean:
(1 ) In Section 8 assisted developments the "total tenant payment" as
defined by HUD 24 C.F.R. Section 813.107.
(2) For purposes of dwelling units for occupancy by lower-income
households in multifamily rental housing, the rehabilitation of which is
financed by the Agency and which is not a Section 8 assisted housing de-
velopment, (i) an amount not exceeding thirty percent (30%) of fifty-
eight percent (58%) of the applicable county median income as set forth
in Title 25. Section 6932; or (ii) when the Agency determines that the cost
of rehabilitation or acquisition of the multifamily rental housing makes
such rents economically infeasible, thirty percent (30%) of seventy per-
cent iliY7( ) of the applicable county median income as set forth in Title
25, Section 6932.
(3) For purposes of section (c)(2), the applicable county median in-
come for zero bedroom (studio) units shall be the county median income
for one person, for one bedroom units it shall be the county median in-
come for a two-person family, for two-bedroom units it shall be the
county median income for a four-person family, and for three-bedroom
units it shall be the county median income for a six-person family.
(4) For purpo.ses of section (c)(2), if tenants are required to pay for their
own utilities, an allowance for utilities other than telephone shall be the
same as that used by the local housing authority in which the project is
located for the Section 8 existing certificate holders for determining the
utility allowance and shall be deducted from affordable rent to determine
the actual rent to be charged to the tenant.
(d) "Agency" means the California Housing Finance Agency.
(e) "Board" means the Board of Directors of the California Housing
Finance Agency.
(f) "C.F.R" means Code of Federal Regulations.
(g) "Code" means the Health and Safety Code.
(h) "Housing development" means "housing development" as defined
by Section 50073.5 of the Code and may include such nonhousing facili-
ties as are approved pursuant to Section 1 11 03 of this chapter.
(i ) "Housing sponsor" means any "housing sponsor" within the defini-
tion of Section 50074.5 of the Code.
(j) "HUD" means the United States Department of Housing and Urban
Development or its designee.
(k) "Market rent" means that monthly rental determined by the
Agency to be comparable to the rent charged for units of similar size, con-
struction type, amenity level, and other characteristics within the market
area of the housing development.
(/) "Persons and families of low or moderate income" includes any of
the following:
( 1 ) A "very low income family" is a family whose income does not ex-
ceed 50 percent of the median income for the area, as determined by
HUD. with adjustments for smaller and larger families.
(2) A "low income family" is a family whose income does not exceed
80 percent of the median income for the area as determined by HUD with
adjustments for smaller or larger famihes, except that income limits high-
er or lower than 80 percent may be established on the basis of its findings
that such variations are necessary because of the prevailing levels of con-
struction costs, unusually high or low incomes, or other factors.
Page 498
Register 2006, No. 6; 2-10-2006
Title 25
California Housing Finance Agency
ij 11102
{}) A ■■iiu)dcralc income family" is a family whose income does not
exceed 120 percent of the median income for the area, as determined hy
HUD. with adjustments for smaller and larger iamilies.
(4) For purposes of this section, "family" includes an elderly, handi-
capped, disabled, or displaced person and the remaining member of a ten-
ant family as delined in Section 2()l(a) of the Housing and Community
Developmenl Act of 1974 (42 U.S.C. 1437a).
(m) "Rental housing development" shall not include owner-occupied
housing development nor mutual self-help housing.
(n) ".Section 8 assisted housing developmenl" means a housing devel-
opment, or that part of a housing development, containing units subject
to an "Annual Contributions Contract" as defined by 24 C.F.R. Section
S8,v302.
(o) "Person" means an individual, family, corporation, proprietorship.
IKirtnership. association or any other entity.
(p) Section references are to sections of this chapter unless indicated
otherwise.
NOTI;. Authonry ciicd: Sections 5()462(f) and .SI 030. Health and Safely Code.
Reference: Sections ,3 1 OSO. .S00.S3. .30073.5. 50074.5. 50952(a) and 5 1 33.5'. Health
and Safety Code; and 24 CFR Sections 813 and 883.
Hlsioi^y
1 . Aniendnienl ol subsection (c) Hied as an emergency 8-12-83; effective upon
filing (Register 83. No. 33). A Ceilificaie of Compiianee must be transmitted
toOAL within 120 days or emergency language will be repealed on 12-10-83.
2. Amendment of subsection (e) bled 6-21-84: effective thirtieth dav thereaher
(Register 84. No. 25).
3. Amendment of subsection (c) filed 10-23-85; effective thiilieth day thereafter
(Register. No. 43).
4. Amendment of subsections (a), (h). (i)and (n)and NoTi; bled 1 1-12-96: opera-
tive 12-12-96 (Register 96. No. 46).
§11003. Delegation.
HlStOI^Y
1. Repealer bled 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
Article 2.
Construction and Mortgage
Loans
§ 1 1 1 01 . Qualification of Housing Sponsors for Rental
Housing Developments to Be Constructed.
Before the agency may make or approve a commitment to any person
for a construction or mortgage loan, the agency shall determine, taking
into account the nature of the housing development and the person
(whether a natural person or a public or private entity), that said person
(a) Is credit worthy,
(b) Is financially responsible.
(c) Is (if not a natural person) duly organized and qualified to do busi-
ness in this state.
(d) is capable oi' proceeding promptly to constmct and complete the
housing developmenl.
(e) Has the ability to operate the housing development.
(f) Has a commitment to construct and operate the housing develop-
inent in accordance with all applicable federal and state "Equal Opportu-
nity." "Employment of Project Area Residents and Contractors" and
"Affirmative Fair Housing Marketing" regulations.
Note-: Authority cited: Sections 50955, 51050(e) and 51 101, Health and Safety
Code. Reference: Sections .50051, 50094 and 50100. Health and Safety Code.
History
I. Repealer of first paragraph and new NOTl= filed 12-19-2005; operative
12-19-2005 pursuant to Government Code section 11.S43.4 (Register 2005,
No. 51).
§ 11102. Criteria for Rental Housing Developments to Be
Constructed.
In order to obtain financing in the form of a construction or mortgage
loan from the agency or from a qualified mortgage lender for a rental
housing development to he constructed, a housing sponsor or other per-
son applying to be certified as a housing sponsor pursuant to Section
11101 of this article shall submit to the agency such information as is re-
quired by the agency to enable the agency to make the determinations re-
quired by this section.
(a) Mandatory Requirements. No application for a construction or
mortgage loan shall be approved unless the agency is assured:
( 1 ) That the proposed housing development will be economically fea-
sible, and
(2) That the proposed housing sponsors and prospective tenants will
be eligible for financial assistance under the Act. and
(3) That the proposed housing development is consistent with the cur-
rent housing objectives of the agency, and
(4) That the proposed housing development has or will have suificient
access to supporting social services, transportation, .schools, employ-
ment and retail merchants, and
(5) That the location of the proposed housing development is consis-
tent with the agency's policies of dispersing housing developments
throughout communities and avoiding undue concentrations of persons
and families of low income except where overriding considerations of
econoiTiic need necessitate modifying these requirements in order to ac-
complish the housing objectives of the agency in concentrated rehabilita-
tion areas and participating mortgage funds assistance areas, and
(6) That the proposed housing development will provide sale, sanitary
and decent housing ineeting the requireinents of all applicable building
standards, and
(7) That the housing sponsor is prepared to meet any relocation obliga-
tions imposed by the Act.
(b) Priorities in Selection of Developments for Financing. Various
sections of the Act designate housing priorities to be renected in the
agency's activities. Necessarily, the emphasis on particular priorities, as
rellected in the agency's current housing objectives, will change e)ver
time due to circumstances and conditions. Within these paraineters. the
agency will give priority consideration in apprt)ving loan commiimenis
to housing developments which:
(1) Assist the agency in making full use of available federal subsidies;
(2) Are consistent with the agency's objective of providing that not
less than .30% of the units for which commitments are made are for very
low income households;
(3) Assist the agency in balancing its financing activities among rural,
inetropolitan and nonmetropolitan areas of the slate in general proportion
to the relative needs for housing assistance in those areas identified in the
California Statewide Housing Plan adopted by the Legislaiure. In the ab-
sence of such an adopted plan the agency will consider data relating to
such needs developed by the Department of Housing and Community
Development.
(4) Reflect the housing needs of identiflable groups of persons such as
but not limited to the elderly, handicapped, large households, and per-
sons displaced froin housing by governmental actions or natural disas-
ters, as those needs are identified in an adopted California Statewide
Housing Plan adopted by the Legislature. In the absence of such an
adopted plan the agency will consider data relating to such needs devel-
oped by the Department of Housing and Community Development.
{5) Whether the housing development is consistent with local govern-
mental housing needs and priorities as reflected in areawide and local
housing elements, housing assistance plans, housing allocation plans,
and comments from A-95 clearinghouse(s).
(c) Additional Objectives. In addition to the foregoing mandatory re-
quirements and priorities in selecting housing developments for approv-
al, the agency shall review the following factors in determining whether
a loan commitment shall be approved.
(1 ) Whether the housing development is superior in terms of ameni-
ties, .scale of the development, architectural treatment and aesthetic im-
pact on the surrounding community;
(2) Whether the housing development will contribute to employment
opportunities; is located in an area with low vacancy rates; whether the
development will promote the recovery and growth of economically de-
pressed businesses located in areas of minority concentration and in
mortgage deficient areas;
Page 499
Register 2005, No. 5 1 ; 1 2 - 23 - 2005
§ 11102.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
(3) Whether the housing development will increase the range of hous-
ing choices for minorities otiow income and low-income persons rather
than increasing the impaction of low-income areas.
§ 111 02.5. Construction Standards, Access for Physically
Handicapped.
History
1 . Repealer filed 1 1-12-96: operative 1 2-1 2-96 (Register 96, No. 46).
§ 1 1 1 03. Nonhousing Facilities.
(a) Housing developments may include such streets, sewers, utilities,
site preparation, open space, and landscaping as the agency deiermines
are necessary or appropriate in connection with the housing develop-
ment.
(b) Housing developments may include other nonhousing facilities
such as administrative, community, health, recreational, educational,
commercial, dining, and childcare facilities. The agency shall exercise
reasonable judgmeni in encouraging and approving applications for fi-
nancing assistance for housing developments containing such nonhous-
ing facilities, taking into account the following factors:
( 1 ) Whether said facilities will directly benefit the occupants of the de-
velopment.
(2) Whether said facilities will be compatible with a suitable living en-
vironment for the occupants.
(3) The nature of the intended occupants of the development, whether
families with children, the elderly, the handicapped, or others,
(4) The views of local organizations and groups as to the needs of oc-
cupants and whether such facilities are or will be otherwise provided
within the community for occupants of the housing development.
(5) The prior availability of such facilities in the community,
(6) The economic feasibility of including such facilities.
(7) The availability of and feasibility of using other sources of financ-
ing for such facilities,
(8) The availability of federal subsidies for housing developments
containing such facilities.
(c) In reviewing the factors enumerated in (b) above, for the inclusion
of nonhousing facilities within any request for a construction or mort-
gage loan commitment the agency shall be guided by the policies of:
(1) Encouraging common areas, play areas and childcare facilities in
family housing developments, and congregate dining facilities in hous-
ing projects primarily for elderly persons;
(2) Recjuiring all such commercial facihties financed with a below-
market-interest rate, to the extent of any benefit from such rate, to con-
tribute to the support of the residential units in the housing development,
and
1 3) Avoiding duplication of services or functions existing within the
community in areas convenient to the housing development which are
provided at reasonable cost to the occupants of housing development.
§ 1 1 1 04. Terms and Conditions of Loans.
(a) Each construction and/or mortgage loan to a housing sponsor for
a rental housing development shall be made on such terms and conditions
as the agency shall determine are necessary or appropriate to provide suf-
ficient security for obligations to and of the agency to ensure that the con-
struction and mortgage loan programs of the agency are economically vi-
able. Said terms and conditions shall include, but are not limited to, the
following:
( 1 ) That the deed of trust securing said loan shall create a first, second
or more junior lien on the housing development with respect to which
said loan is made and shall be executed and recorded in accordance with
existing applicable laws,
(2) That the deed of trust shall provide, among other things, that the
agency, upon default by the housing sponsor under the terms of the deed
of trust and in the agency's discretion, either may declare all sums se-
cured thereby immediately due and payable by executing and recording
or causing to be executed and recorded a notice of default and election
of sale or by commencing an appropriate foreclosure action. In addition,
upon the occurrence of a default, the agency may, in person, by agent or
by receiver appointed by a court enter upon and lake pos.session of the
housing development, collect all rents, and perform any acts necessary
to maintain or operate it, all in such manner as to not cause the cessation
of any federal subsidies.
(3) That the amount of said loan shall be within all limitations pre-
scribed by law,
(4) That the scheduled loan repayments, including fees and charges to-
gether with interest accumulated on disbursal funds shall be estimated to
be sufficient in amount and time to enable the agency to meet its adminis-
trative expenses and debt service on any notes or bonds issued or to be
issued in connection with said loan,
(5 ) That the housing sponsor shall have or acquire title to the site of the
housing development free and clear of all liens or encumbrances which
would materially affect the value of said site as a site for the housing de-
velopment or a leasehold interest in the site of duration and terms found
acceptable by the General Counsel,
(6) That the housing development shall have been approved by the
agency pursuant to Section 1 1 102 of this article.
(7) That any contract for the construction of the housing development
shall be approved by the agency pursuant to Article 4 of this chapter, and
(8) That disbursements of loan proceeds from the agency to the hous-
ing sponsor for progress payments for construction work shall be pur-
suant to procedures as provided in Section I 1 106.
(b) The agency may make mortgage loans, for the purpose of creating
or preserving rental housing developments in accordance with the Act.
"Refinancing" as used herein shall mean providing new financing for a
rental housing development for which the original construction was com-
pleted more than one (1 ) year prior thereto. "Completed" as used herein
shall mean that certificates of occupancy shall have been issued for at
least ninety percent (90%) of the units.
(c) The development cost limitation of Section 50958 of the Code shall
mean that the agency's mortgage loan amount, when combined with the
amounts owed on any senior encumbrances, shall not exceed 95% (in the
case of a housing sponsor other than a local public entity or nonprofit) or
100% (in the case of a local public entity or nonprofit), as applicable, of
the development costs.
(d) In the case of a refinancing mortgage loan, the term "development
costs" as defined in Section 50065 of the Code shall mean the fair market
value of the housing development as substantiated by an appraisal ac-
ceptable to the agency.
(e) For the purposes of Section 5 1 1 04(b) of the Code. ". . . guaranteed
. . .by an agency of the state. . ."and, for the purposes of Section 51 104(d)
of the Code, ". . . guaranteed in whole or in part by an agency of the state,
including the California Housing Finance Agency, a political subdivi-
sion of the state, . . ." shall include but not be limited to arrangements
whereby the agency secures the bonds by pledging its interests in mort-
gages pledged by the Federal National Mortgage Association upon con-
ditions satisfactory to the agency.
NOTE: Authority cited: Section 51050(e), Health and Safety Code. Reference:
Sections 50065, 50086, 50958, 51104(b) and (d). Health and Safety Code.
Page 500
Register 2005, No. 51; 12-23-2005
Title 25
California Housing Finance Agency
§ 11206
History
Rcdcsignalion ol subsection (a), subsection icnimibcring. amendment of sub-
section (a)( 1 ). and new subsections (b)-(e) and Non: filed 3-9-95; operative
4-10-95 (ReLnster95. No. 10).
§ 1 1 1 05. Interest Rate Limitations.
The yield to the agency with fcspcct to any construction or moftgagc
loan on a rental housing developtiient. which loan is made by the agency
or by a qualilicd mortgage lender (taking into consideration any fees and
charges imposed by the agency) shall be such that any bonds or notes is-
sued by the agency shall be not "arbitrage botids" within the meaning of
Section l()3(d)( 2) of Title 26 of the United States Code.
Nott ; Authority cited: Section 51050. Health and Safety Code. Reference'. Sec-
tion 10.^. Title 26. United Stales Code.
Hlstory
1. Amendment ol section and new NoTi filed 11-12-96: operative 12-12-96
(Register 96. No. 46).
§ 11106. Construction Progress Payment Disbursements.
History
1. Repealer filed I 1-12-96; operative 12-12-96 (Register 96. No. 46).
§ 1 1 1 07. Earnings Distribution.
Earnings distribution to a housing sponsor (other than a nonprofit
housing sponsor or local entity) shall be limited to an annual amount no
greater than b^/i of the housing sponsor's equity invested in the housing
development in the case of housing developinents intended priinarily for
elderly persons, or an amount not to exceed 1 0% of the housing sponsor's
equity invested in the housing development in the case of housing devel-
opments intended primarily for nonelderly persons, except as such distri-
butions may be increased pursuant to the provisions of paragraph 2 of
Section 51202 of the Health and Safely Code.
Noib: Authority cited: Section 51050, Health and Safety Code. Reference: Sec-
lion 51202. Health and Safety Code.
History
1 . New section tiled 1 0-29-80; effective thirtieth day thereafter ( Register XO, No.
44).
§11201.
Article 3. Equal Opportunity
Equal Employment and Business Opportunity;
Equal Housing Opportunity.
Every contract let for the management, construction, or rehabilitation,
or let in the performance of the managemenl, construction or rehabilita-
tion of any CHFA financed housing development shall comply with all
required state and federal equal opportunity laws, regulations and orders.
Any housing development assisted by any program of the agency shall
be open for occupancy by all. regardless of race, sex, sexual orientation,
marital status, familial status, color, religion, national origin, ancestry, or
handicap, in accordance with all appliable state and federal laws.
History
1. Amendment of article 3 heading, repealer of former section 1 1201 and renum-
bering and amendment of former section 1 1204 to new section 1 1201 filed
1 1-12-96: operative 12-12-96 (Register 96. No. 46).
§ 1 1 202. Affirmative Marketing Programs.
It shall be the policy of the agency to achieve greater access to housing
opportunities created by programs assisted by the agency for all persons
regardless of race, sex, sexual orientation, marital status, familial status,
color, religion, national origin or handicap. An Affirmative Fair Housing
Marketing Plan (the "Plan") furthering this policy shall be subinitted to
the agency by any housing sponsor who seeks financial assistance from
the agency. The Plan shall satisfy all requirements of the Affirmative Fair
Housing Marketing Regulations in 24 C.F.R. Section 200.600 et seq..
and shall remain in force and effect until the deed of trust securing any
agency financing is terminated.
In addition, the Plan shall satisfy the following requirements:
(a) It shall contain an undertaking by the h(.)using sponsor to rent the
units in the development in a manner consistent with giving notice of the
availability of such units to all persons in the housing market of the com-
munity irrespective of race, sex, inariial status, color, religion, national
origin or handicap.
(b) All adveiTising should slate "Financed by the California Housing
Finance Agency" and "Equal Housing Opportunity." with the appix)pri-
ale HUD logo.
(c) It shall identify by language and by nuntber any significant number
of persons in a community within the housing market area wht) ha\e a
limited tluency in the English language.
(d) Where there is a significant nuinber of persons in a community
within the housing market area v\'ho have a limited fluency in the English
language, the Plan shall:
(1 ) Identify the media most likely to reach such persons,
(2) Provide that in advertisements for the housing development the
publication will be made in the native language of such persons, in addi-
tion to advertiseinents in the English language, and
(3) Describe the provisions which the housing sponsor will make for
handling inquiries by and negotiations with such persons for the rental
of units in the development.
(e)The housing sponsor shall keep a record of all advertisemenis made
pursuant to the Plan. The records shall include a copy or transcript of the
advertisement copy, the identity of the media in which it was dissemi-
nated, and the date(s) of each appearance. The housing sponsor shall also
keep a record of the dates and places of any meetings or communications
between the housing sponsor and any individual or group referred to the
housing sponsor by the agency or organizations, representing any of the
groups within the community acting on behalf of any classification of
persons described in (a) above. Such records shall be retained for a perit)d
of two years.
The agency may froin time to time review the Plan and the housing
sponsors" activities pursuant to the Plan and may require amendments to
the Plan if it does not fully comply with the requirements of this section.
Nothing in this section shall he construed to require the housing spon-
sor to make units available to the handicapped in excess of the number
of such units required under the regulatory agreement (or other contrac-
tual documents) between the housing sponsor and the agency. This sec-
tion shall not apply to an "owner-occupied housing development" or to
"mutual self-help housing" except to the extent required by any applica-
ble Federal law(s).
History
1. Repealer of former seciion 1 1202 and renumberinc and amendment ot tbrmer
section 1 1205 to new section 1 1202 filed 1 1-12-9(3; operative i2-12-96(Reg-
ister 96. No. 46).
§ 11203. Employment of Project Area Residents and
Contractors — Section 3 Covered Projects.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 11204. Equal Housing Opportunity.
History
1. Renumbering of former section 1 1204 to new section 1 120! (lied I I-I2-96;
operative 12-12-96 (Register 96. No. 46).
§ 11205. Affirmative Marketing Programs.
History
1. Renumbering of former section 1 1205 to new section 1 1202 hied I 1-12-96;
operative 12-12-96 (Register 96, No. 46).
§ 1 1 206. Adaptation of Language.
NOTE: Authority cited: Section 51050. Health and Salety Code. Reference: Sec-
tion 50955, Health and Safety Code.
History
1. Repealer filed 1 1-12-96: operative 12-12-96 (Register 96, No. 46).
Page 501
Register 96, No. 46; 1 1 - 1 5 - 96
§ 11401
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 4. Tenancy Standards and
Procedures
§ 1 1 401 . Selection of Tenants,
Each housing sponsor receiving a construclion or mortgage loan coni-
mitmenl shall develop a Resident Selection Plan. The plan shall be suh-
inilled to and approved by the agency prior to the loan closing.
The plan shall:
(a) Establish income limits for the rental of each unit within the hous-
ing development.
(b) Provide for a tenant counseling program ibr tenants unless this re-
quirement is waived in writing by the agency.
(c) Detail the manner in which the housing sponsor will give prefer-
ence in the renting of units to tenants:
( 1 ) Displaced from housing by this or another housing development;
(2) Displaced from housing by governmental actions or natural disas-
ters;
(3) Who are elderly;
(4) Who are handicapped;
(5) Who are persons or families of low, very low and moderate in-
comie; and
(6) Who are tenants constituting large families.
(d) Within the classifications set forth in (c) above, provide, unless this
requirement is waived in writing by the agency, that not less than twenty
percent (20%) of the units in the housing development shall be rented to
persons of very low income.
(e) Shall provide that the housing sponsor will notify each person mak-
ing an application to rent a unit within the housing development within
ten ( 10) days from the date of such application, in writing of:
( 1 ) Whether the tenant is eligible to rent such unit;
(2) Whether, based upon turnover history, if any, a unit for which the
tenant is eligible will be available within six (6) months; and
(3) If the tenant is noteligible, a statement of the reasons for such lack
of eligibility.
(4) The applicant's right to be placed on a waiting list for vacancies
occurring in the housing development, and notified by the housing spon-
sor of vacancies for which the applicant is an eligible tenant, subject to
the rental priorities for the housing development approved by the agency,
(f) Require that a list of all applicants for tenancy within the housing
development be kept for a period of one year from the dale the application
is filed with the housing sponsor.
(g) Explicitly provide that the housing sponsor shall not utilize status
criteria (e.g., source of income, sexual preferences, marital status, dress
and grooming standards) in determining tenant eligibility under the plan.
History
1 . Repealer of former article 4 (sections 1 1301-1 130?) and renumbering of former
article 5 to new article 4 filed 1 1-12-96; operative 12-12-96 (Register 96. No.
46). For prior history of article 4, see Register 90, No. 14.
§11402. Leases.
The Agency shall provide a lease, consistent with all applicable feder-
al and state laws, regulations, and orders, to housing sponsors for those
units regulated under this chapter.
All leases subject to this chapter shall:
(a) Contain an explicit statement of the tenant's rights under Section
1942 of the Civil Code.
(b) Provide that at least thirty (30) days before filing an application
with the agency for an increase in the maximum permissible rent or utility
service charges to be paid by tenants, the housing sponsor shall notify the
tenants of the proposed rent and/or utility increases.
(c) Copies of such notice shall be delivered directly or by mail to each
tenant. The notice shall:
( 1 ) State the proposed date of which the application for increases is to
be filed with the agency;
(2) Set forth the reasons for requesting the increa.ses, the amount of the
increases for each type of unit in the housing development, and provide
that any tenant or representative of the tenant may inspect any documents
the housing sponsor intends to lorward to the agency in connection with
its application at a designated place within the housing development dur-
ing regular business hours of the housing sponsor;
(3) Provide that the housing sponsor shall meet at a designated place
within the housing development with all interested tenants and their rep-
resentatives at least ten ( 10) but not more than fifteen (15) days prior to
submitting the application for such increases to the agency and shall fur-
ther state that written comments on the proposed increases may be sub-
mitted to the agency by the tenants at: (insert address of applicable
agency office).
(d) Provide that the housing sponsor will give at least seventy-two
(72) hours written notice of any proposed annual inspection of the ten-
ant's unit by the agency.
NOVE. Authority cited: Section 51050. Health and Safety Code.
History
1. Amendment of section and new NoxK filed 1 1-12-96: operative 12-12-96
(Register 96. No. 46).
§ 1 1403. Tenant Grievance Procedures,
Each housing sponsor of a rental housing development shall submit,
together with its affirmative marketing program, proposed grievance
procedures for resolving complaints by the housing sponsor concerning
the housing sponsor's tenants and by its tenants concerning the housing
sponsor or the housing sponsor's other tenants. The proposed procedures
shall be reviewed by and subject to the approval of agency, which shall
require such modifications in the procedures prior to approval as may be
necessary or appropriate in the circumstances. The procedures shall con-
tain such informal and/or formal mechanisms for dispute resolution as
are appropriate given the nature of the housing sponsor, the size and na-
ture of the housing development, and the characteristics of the tenants
(including the extent of English language lluency).
A written copy of the procedures as approved shall be given to each
tenant at the time of admission to the housing development and at such
times as the procedures are changed or amended thereafter.
Neither utilization of nor participation in such dispute resolution pro-
cedures shall constitute a waiver of, or affect in any manner whatever,
any rights the tenant or the housing sponsor may have to a trial de novo
or judicial review in any judicial proceedings, which may thereafter be
brought in the matter. The procedures specified in this section shall be in
addition to the eviction hearings procedure required by Section 1 1406.
Where appropriate the grievance procedures shall provide that any un-
resolved disputes shall be referred to the agency for its recommendation
of a proposed resolution of the dispute.
§ 11404, Housing Sponsor Grievance Procedure,
Any grievance (other than one involving tenants) including any con-
tractual dispute, of a housing sponsor concerning another housing spon-
sor or the Agency shall be presented either orally or in writing, to the
Chief Deputy Director so that the grievance may be discussed informally
and .settled without a formal hearing. Neither utilization of nor participa-
tion in this grievance resolution procedure shall constitute a waiver of,
or affect in any manner whatever, any rights that any housing sponsor or
the agency may have to a trial de novo or judicial review in any judicial
proceedings which may thereafter be brought in the matter.
Note. Authority cited: Section 51050, Health and Safety Code. Reference: Sec-
tion 51066, Health and Safety Code.
History
1. Amendment of section and new Note filed 11-12-96; operative 12-12-96
(Register96. No. 46).
§ 11405. Termination of Tenancies Other Than by Eviction.
A tenancy may be terminated without the termination being deemed
an eviction under the following circumstances:
(a) Death of the sole tenant of a unit.
(b) By the tenant at the expiration of the term of the tenancy.
Page 502
Register 96, No. 46; 11-15-96
Title 25
California Housing Finance Agency
i^ 11406
(c) By ahandonmenl oflhc premises by ihe tenanl providing the iious-
ing sponsor complies with llie provisions of Section 1951.3 ot" the Civil
Code to establish such abandonment.
(d) By the housing sponsor where the tenant has furnished uncontra-
dicted information to the housing sponsor which fails to establish the ten-
ant's financial eligibility to remain in the tenant's unit, providing the
housing sponsor gives the tenanl written notice of such termination pur-
suant to Section 1946 of the Civil Code.
Any termination of a tenancy other than for the reasons set forth in this
section shall constitute an "eviction" and shall be effected only pursuant
to the prt)visions of Section I 1406.
§ 11406. Eviction Hearing Procedure.
(a) Notice to Tenant. Termination of the lease other than pursuant to
the provisions of Section 1 1405 shall constitute an "eviction" for pur-
poses of this section. Eviction proceedings shall be commenced by the
giving of notice as required by Section 5 l()66(b) of the Act. In the case
t)f an eviction upon the ground of "other good cause" as permitted by sub-
section g(3) of this section, the notice shall be given pursuant to Section
1 946 of the Civil Code and shall otherwise comply with the requirements
of 24 C.F.R. Section 883.708(c)(2).
(b) Notice to Agency. As soon as practicable after the receipt by the
housing sponsor o( a request for a hearing pursuant to Section 5 1 066(c)
of the Act ("Hearing"), the housing sponsor or the tenant shall give notice
to the agency of a request for a Hearing. However, the housing sponsor
shall remain ultimately responsible for notifying the agency of a request
for a Hearing. Said notice shall include a statement of the cause for evic-
tion.
(c) Presiding Officers. The Hearing shall take place before a hearing
officer who shall be an impartial, disinterested person, or, at the discre-
tion of the agency, a hearing panel. Said hearing officer or hearing panel
shall be selected by the agency. A party may, within twenty-four (24)
hours of receiving the initial written notification from the agency identi-
fying the hearing officer or hearing panel, request that a new hearing offi-
cer or hearing panel be assigned. The other party may, within twenty-
four (24) hours of receiving the written notification from the agency
identifying the reassigned hearing officer or hearing panel, request that
a new hearing officer or hearing panel be assigned. Each party may re-
quest the assignment of a new hearing officer or hearing panel only once
during the hearing process.
(d) Escrow Deposit. The tenant shall deposit in an escrow account
maintained by the agency rent for the two week Hearing period if not al-
ready paid by such time. The escrow deposit must be received by the
agency no later than twenty-four (24) hours prior to the commencement
of the hearing as indicated in the written notice prepared by the agency.
Failure to provide the escrow deposit in accordance with this paragraph
shall result in a waiver of the tenant's right to the Hearing.
(e) Scheduling of Hearing. The agency shall schedule a Hearing
promptly for a time and place reasonably convenient to both the housing
sponsor and the tenant but not more than two weeks from the date the no-
tice of request for a Hearing was received by the agency. A written notifi-
cation specifying the time, place, and the procedures governing the Hear-
ing shall be delivered to the housing sponsor and the tenant.
(f) Procedures Governing the Hearing.
( I ) The housing sponsor and the tenant shall be afforded a fair hearing
providing the basic safeguards of due process which shall include:
(A) The opportunity by the tenant to examine prior to the Hearing and,
at the expense of the tenant, to copy, all documents and records of the
housing sponsor that are relevant to the hearing and not privileged (any
document not so made available after request therefore by the tenant may
not be used or relied on by the housing sponsor at the Hearing),
(B) The right to representation, so long as an appearance by the repre-
sentative does not delay the .scheduling of the Hearing beyond the two
week period specified in subsection (e).
(C) A private Hearing, unless both the tenant and housing sponsor re-
quest a public Hearing.
(D) The right to present evidence and arguments in support of his or
her position, to controvert evidence relied on by the opposing parly, and
to confront and cross-examine all witnesses testifying al the Hearing,
and
(E) A decision based solely and exclusively upon the facts presenled
at the Hearing that "good cau,se," as defined by subsection (g) of this sec-
tion, for eviction has or has not been shown by a preponderance o\' the
evidence.
(2) At the Hearing, the housing sponsor must first make a slum iiig o\'
"good cause" for eviction and must thereafter sustain the burden of pri)of
as to thai issue.
(3) The Hearing shall be conducted informally by the hearing officer
or hearing panel and oral or documentary evidence relevant to the "good
cause" issue may be received without regard to admissibility under the
rules of evidence applicable to Judicial proceedings. The hearing officer
or hearing panel shall require the housing sponsor, the tenant, representa-
tives of the housing sponsor or tenant, and other participants orspectatt)rs
to conduct themselves in an orderly fashion. Failure to comply with the
directions of the hearing officer or hearing panel to obtain order may re-
sult in exclusion from the proceedings. Either the housing sponsor ov the
tenant may arrange, in advance and at the expense of the pany making
this arrangement, to make a transcript of the Hearing.
(4) If the housing sponsor or the tenant fails to appear at a scheduled
Hearing (either personally or by representative), or notifies the Agency
of an intent not to be present at the scheduled Hearing, the hearing officer
or hearing panel may make a determination to postpone the Hearing for
a period not to exceed five business days or may make a determination
that the party has waived his or her right to a Hearing. Both the housing
sponsor and the tenant shall be notified of any such determination by the
hearing officer or the hearing panel, such notification to include the date,
lime, and place olthe rescheduled Hearing, if any.
(5) The hearing officer or hearing panel shall prepare a written deci-
sion, together with the reason therefor, within a reasonable lime alter the
Hearing but. unless said Hearing was a rescheduled Hearing pursuant it)
subsection (f)(4) of this section, not later than two weeks alter the date
of receipt by the agency of the request for Hearing. A copy oflhc decision
shall be sent to the housing sponsor, the tenant and the agency.
Neither utilization of nor participation in the Hearing process of ihis
section shall constitute a waiver of. or affect in any manner whatever, any
rights that the tenant or housing sponsor may have to a trial de novo or
judicial review in any judicial proceedings, which may thereafter be
brought in the matter.
(g) Definition of "Good Cause."
The housing sponsor may evict a tenant only upon the following
grounds:
(1) Material noncompliance with the lease, which includes:
(A) one or more substantial violations of the lease, or
(B) habitual minor violations of the lease which:
1. Disrupt the livability of a building,
2. Adversely affect the health or safety of any person orlhe right of any
tenant to the quiet enjoyment of the leased premises and related facilities,
3. Interfere with the management of the building, or
4. Have an adverse financial effect on the building. Rent shall be due
on the first day of the rental period but will not be late until after ihe fifth
day of that period. Unjustified non-payment of rent after the fifth day of
the rental period but before either the running of a three-day notice to pay
rent or quit or the close of business of the day after the day on w hich a
Hearing decision is issued shall constitute a minor violation under the
lease, but non-payment of rent or any other financial obligation under the
lease after either such period shall constitute material noncompliance
with the lease.
(2) Material failure to carry out obligations under state law. or
(3) Any other good cause, which may include the refusal o\ a family
to accept an approved modified lease, for which a notice has been given
as required by 24 C.F.R. Section 880.607(b)(2) or (d).
NOTE; Authority cited: Section ."SIC'SO, Health and Safety Code. Rd'crcncc: Sec-
tion 51066, Health and Safety Code: and 24 C.F.R. Section 880.
Page 503
Register 2000, No. 5; 2-4-2000
§ 11500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1. Amendment of subsections (a), (b) and (g) filed 10-23-85; el'tective thirtieth
day thereafter (Register 83, No. 43).
2. Eidilorial conection ol' subsection (g) filed 12-2-8.5; effective thirtieth day
thereafter (Register 85, No. 49).
3. Amendment of section andNOTifiled 1 1-12-96; operative 12-1 2-96 (Register
96. No. 46).
Article 6. Construction Loans Where
Agency Does Not Provide Permanent
Financing
§ 1 1500. Construction Loans for Housing Developments
for Which the Agency Does Not Provide
Permanent Financing.
Norfi: Authority cited: Section 51050(e), Health and Safelv Code. Reference:
Sections 51 100, 51226 and 51227, Health and Safety Code.
History
1 . New Article 6 ( Sections 1 1 500- 1 1 505, not consecutive ) filed 1 2- 1 5-8 1 ; effec-
tive thirtieth day thereafter (Register 81, No. 51).
2. Repealer of article 6 (sections 1 1500-1 1505) and section fded 1 1-12-96; op-
erative 12-12-96 (Register 96, No. 46).
§ 1 1 502. Labor Standards.
Note. Authority cited; Section 51050(e), Health and Safety Code. Reference:
Section 50953, Health and Safety Code.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 11 503. Equal Opportunity and Affirmative Action
Requirements.
NOTE: Authority cited: Section 51050(e), Health and Safety Code. Reference:
Section 50955, Health and Safety Code.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
§ 11 504. Substitution of Agency Funds for Mortgage
Lender's Resources.
NOTE: Authority cited: Section 51050(e), Health and Safety Code. Reference:
Section 51070, Health and Safety Code.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 11505. Servicing In Event of Sponsor's Default.
NOTE: Authority cited: Section 51050(e), Health and Safety Code. Reference:
Section 5 11 52, Health and Safety Code.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
Chapter 3. Restrictions on Agency Public
Benefits to Aliens
Article 1 . General
§ 12001. Authority and Purpose.
This chapter is adopted pursuant to Section 5 1050(e) of the Calil'omia
Health & Safety Code in order to implement the provisions of federal leg-
islation known as the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub.L. No. 104-193, 8 U.S.C. § 1601, et
seq.), which provides that only citizens or other nationals of the United
States or qualified aliens may receive agency public benefits. The pur-
pose of this chapter is to implement those requirements by establishing
rules and procedures for verifying the eligibility of applicants for agency
public benefits.
NOTE: Authority cited; Sections 51050(e), 51050(s), 51067 and 51349, Health
and Safety Code. Reference: 8 U.S.C. J?^ 1601, 1621, 1625, 1641 and 1642; and
Sections 5 1050-5 1 070, 5 1 1 00-5 1 253 and 5 1 325-5 1 340, Health and Safety Code.
History
1. New chapter 3 (articles 1-2), article 1 (sections 12001-12005) and section filed
6-9-9S as an emergency; operative 8-1-98 (Register 98, No. 24). A Certificate
of Compliance must be transmitted to OAL by 1 1-30-98 or emergency lan-
guage will be repealed by operation of law on the following day. For prior histo-
ry, see Register 84. No. 8.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-2 1-98 and
filed 10-28-98 (Register 98. No. 44).
3. Amendment of section and Nori filed 1 1-2-98; operative 12-2-98 (Register
98. No. 45),
§12002. Definitions.
(a) Any term defined in Chapter 2 (coinmencing with Section 50050)
of Part 1 of Division 3 1 of the California Health &; Safety Code shall have
the same meaning when used in this chapter as is given to it by said chap-
ter of the California Health & Safety Code unless further or otherwise de-
fined in this section.
(b) "Adult'" means an individual who is 18 years of age or older or an
emancipated minor (under 18 years of age).
(c) "Agency" means the California Housing Finance Agency.
(d) "Agency public benefit" means either of the following (excluding
any benefit provided from the California Housing Loan Insurance Fund):
(1) any multifamily program unit, or
(2) any single family program loan.
(e) "Alien" means any person who is not a citizen or other national of
the United Slates.
(f) "Applicant" means any of the following:
(1) In the case of a new tenancy for a multifamily program unit, each
adult member of the household that intends to occupy the unit, or
(2) In the case of an existing tenancy for a multifamily program unit,
either the head of the household that intends to continue to occupy the
unit, or his or her spouse, provided however that if the household includes
any other adult members other than the applicant's spouse, lineal ascen-
dants (including but not limited to parents and grandparents) of the appli-
cant or of his or her spouse, then such person shall also be subject to veii-
fication as an applicant, or
(3) In the case of a single family program loan, each person whose
name will appear on the legal title to the residential structure which se-
cures the loan.
(g) "Citizen" means a "citizen of the United States" as defined in the
INA.
(h) "Existing tenancy" means either of the following:
(1 ) a tenancy which occupied a multifamily program unit before the
effective date of this chapter and continues to occupy it thereafter, or
(2) a tenancy which occupied a multifamily program unit before the
agency financed the applicable housing development or residential struc-
ture and continues to occupy it thereafter.
(i) "Final verification" or "finally verified" means a determination that
an applicant is eligible pursuant to this chapter upon completion of the
steps, as applicable, set forth in subparagraphs (a), (b), (c) and (d) of Sec-
tion 12104 of this chapter.
(\) "Head of household" means the adult member of the household
who is the head of the household for the purposes of determining income
eligibility.
(k) "Housing development" means as defined by Section 50073.5 of
the California Health & Safety Code. Housing development shall also in-
clude muUi family rental housing projects financed pursuant to Chapter
6.7 of Pan 3 of Division 3 1 of the California Health & Safety Code.
(/) "Housing sponsor" means as defined by Section 50074.5 of the Cal-
ifornia Health & Safety Code. Housing sponsor shall also include the
agency in any case where the agency owns or operates a housing develop-
ment or residential structure.
(m) "INA" means the Immigration and Nationality Act (8 U.S.C.
§ llOKetseq.).
(n) "INS" means the Immigration and Naturalization Service of the
United States Department of Justice.
(o) "Member of spouse' s or parent' s family" means any person related
by blood, marriage or adoption to the spouse or parent, or any person hav-
Page 504
Register 2(XX), No. 5; 2-4-2000
Title 25
California Housing Finance Agency
^ 12002
iiig a relaiionship with ihe spouse or parent that is covered by civil or
criminal domestic violence statutes olthe State of California.
(p) "Multilamily program unit" means any rental dwelling unit which
is located in a housing development or residential structure and required
by the agency, pursuant to a law or regulatory or other agreement, to be
occupied by a lower income household or very low income household.
(q) "National" means, as provided in the IN A. either of the following:
( 1 ) a citi/en. or
(2) a person who. though not a citi/en. owes permanent allegiance to
the United States.
(r) "New loan" means a single family program loan lor which a loan
application package is received by the agency for approval after the ef-
fective date of this chapter.
(s) "New tenancy" means either of the following:
(Da household that intends to commence occupancy of a multilamily
program unit, or
(2) a household that intends to join another household which already
occupies a multifamily program unit.
(t) "Nonimmigrant" means as defined in Section l{)l(a)(l5) of the
IN A (8 U.S.C. §1lOI(a)(l.^)).
(u) "Nonprofit charitable organization" means a "nonprofit charitable
organization" as provided in Section 432 of PRWORA. as amended by
Pub.L. No. 104-208 (8 U.S.C. § 1642(d)) which shall include, but not
necessarily be limited to. organizations which have received a tax ex-
emption pursuant to Internal Revenue Code Section 50 1 (c)(3) and which
shall exclude, but which exclusion shall not necessarily be limited to,
partnerships which have a nonprofit charitable organization as a general
partner unless the partnership itself is both nonprofit and charitable. An
organization is "nonprofit" if it is organized and operated for purposes
other than making gains or profits for the organization or its members or
shareholders and is precluded from distributing any gains or profits to its
members or shareholders. An organization is "charitable" if it is orga-
nized and operated for charitable purposes, including, but not limited to.
relief of the poor and distressed or of the underprivileged, advancement
of religion, or advancement of education.
(v) "Preliminary verification" or "preliminarily verified" means that
a citizen or other national of the United States applicant has completed
the steps set forth in subparagraph (a)(l ) and (2) of Section 12 104 of this
chapter and that an alien applicant has completed the steps set fon:h in
subparagraphs (a)(1), (2) and (3) of Section 12104 of this chapter.
(w) "PRWORA" means the Personal Responsibility and Work Oppor-
tunity Reconciliation Aclof 1996 (Pub.L. No. 104-193. 8 U.S.C. § 1601,
et seq.) as amended.
(x) "Qualified alien" means an alien who, at the time he or she is an
applicant for an agency public benefit, is any of the following:
( 1 ) An alien lawfully admitted for permanent residence under the INA
(8 U.S.C. § llOl.et seq.).
(2) An alien who is granted asylum under Section 208 of the INA (8
U.S.C. § 1158).
(3) A refugee who is admitted to the United States under Section 207
of the INA (8 U.S.C. $ 1157).
(4) An alien who is paroled into the United States under Section
212(d)(5) of the INA (8 U.S.C. § I 182(d)(5)).
(5) An alien whose deportation is being withheld under Section 243(h)
of the INA (8 U.S.C. § 1253(h)) (as in effect prior to April 1, 1997), or
whose removal is being withheld under Section 241(b)(3) of the INA (8
U.S.C. § 123 1 (b)(3)). ^
(6) An alien who is granted conditional entry pursuant to Section
203(a)(7) of the INA as in effect prior to April 1, 1980. (8 U.S.C.
§ i 153(a)(7)) (See editorial note under 8 U.S.C. § 1 101, "Effective Date
oi 1980 Amendment.").
(7) An alien who is a Cuban or Haitian entrant (as defined in Section
501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C.
§ 1522 note)).
(8) An alien who meets all of the conditions of subparagraphs (A), (B),
(C) and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a member of the spt)use"s or
parent's family residing in the same household as the alien, and the
spouse or parent of the alien consented to. or acquiesced in. such battery
or cruelly. For purposes of this subparagraph, the term "battered or sub-
jected to extreme cruelty" includes, but is not limited to being the \ iclim
of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or menial injury. Psycho-
logical or sexual abuse or exploitation, including rape, molestation, in-
cest (if the victim is a minor), or forced prostitution shall be considered
as acts of violence.
(B) There is a substantial connection between such battery or cruelly
and the need for the benefits to be provided in the opinion of the agency.
For purposes of this subparagraph, the following circumstances demon-
strate a substantial connection between the battery or cruelty and the need
for the benefits to be provided:
1 . The benefits are needed to enable the alien to become sell-sufficient
following separation from the abuser.
2. The benefits are needed to enable the alien to escape the abuser and/
or the community in which the abuser lives, or lo ensure the safety of the
alien from the abuser.
3. The benefits are needed due to a loss of financial support resulting
from the alien's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or from legal proceedings relating
thereto (including resulting child support, child custody, and divt)rce ac-
tions) cause the alien to lose his or her job or to earn less or to require the
alien to leave his or her job for safety reasons.
5. The benefits are needed because the alien requires medical attention
or mental health counseling, or has become disabled, as a result of the
battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of
income or fear of the abuser following separation from the abuser jeopar-
dizes the alien's ability lo care for his or her children (e.g., inabilily to
house, feed, or clothe children or to put children into a day care for fear
of being found by the abuser.
7. The benefits are needed lo alleviate nutritional risk or need resulting
from the abuse or following separafion from the abu.ser.
8. The benefits are needed to provide medical care during pregnancy
resulting from the abuser's sexual assault or abuse of. or relationship
with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed lo
place medical coverage or health care services the alien had when living
with the abuser.
(C) The alien has been approved or has a petition pending which sets
forth a prima facie case for:
1. status as a spouse or child of a United States citizen pursuant lo
clause (ii). (iii) or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C.
§ 1154(a)(l)(A)(ii). (iii)or(iv)).
2. classification pursuant to clause (ii) or (iii) of Section 2()4(a)( 1 )(B)
of the INA (8 U.S.C. § I I54(a)( 1 )(B)(ii) or (iii)).
3. suspension of deportation and adjustment of status pursuant lo Sec-
tion 244(a)(3) of the INA (8 U.S.C. SecUon 1254) as in effect prior to
April 1. 1997 [Pub.L. 104-208. Section 501 (effective September 30.
1996. pursuant to Section 591); Pub.L. 104-208. Section 304 (effective
April 1. 1997, pursuant to Section 309); Pub.L. 105-33. Section 558 1 (ef-
fective pursuant to Section 5582)] (incorrectly codified as "cancellation
of removal under section 240A of such Act [8 U.S.C. Section I22()b] (as
in effect prior to April 1. 1997),
4. status as a spouse or child of a United States citizen pursuant to
clause (i) of Section 204(a)(1)(A) of the INA (8 U.S.C.
§ 1 l54(a)(l)(A)(i). or classification pursuant to clause (i) of Section
204(a)( 1 )(B)(i) (8 U.S.C. § 1 154(a)( 1 )(B)(i)). or
Page 505
Register 2000, No. 5; 2-4-2000
§ 12002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
5. cancellation of removal pursuant to Section 24()A (b)(2) of the INA
(8 U.S.C. § 1229b (b)(2)).
(D) For the period for which benefits are sought, the individual respon-
sible for the battery or cruelty does not reside in the same household or
family eligibility unit as the individual subjected to the battery or cruelty.
( 9) An alien who meets all of the conditions of subparagraphs ( A ), ( B ),
(C). (D) and (E) below:
( A) The alien has a child who has been battered or subjected to extreme
cruelty in the United Slates by a spouse or a parent of the alien (without
the active participation of the alien in the battery or cruelty), or by a mem-
ber of the spouse's or parent's family residing in the same household as
the alien, and the spouse or parent consented or acquiesced to such bat-
tery or cruelty. For purposes of this subparagraph, the term "baUered or
subjected to extreme cruelty" includes, but is not limited to being the vic-
tim of any act or threatened act of violence including any forceful deten-
tion, which results or threatens to result in physical or mental injury. Psy-
chological or sexual abuse or exploitation, including rape, molestation,
incest (if the victim is a minor), or forced prostitution shall be considered
as acts of violence.
(B) The alien did not actively participate in such battery or cruelly.
(C) There is a substantial connection between such battery or cruelty
and the need for the benefits to be provided in the opinion of the agency.
For the purposes of this subparagraph, the following circumstances dem-
onstrate a substantial connection between the battery or cruelty and the
need for the benefits to be provided:
1 . The benefits are needed to enable the alien's child to become self-
sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's child to escape the
abuser and/or the community in which the abuser lives, or to ensure the
safely of the alien's child from the abuser.
3. The benefits are needed due to a loss of financial support resulting
from the alien's child's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien's child to lose his or her job or to earn less or to re-
quire the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's child requires medical
attention or mental health counseling, or has become disabled, as a result
of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of
income or fear of the abuser following separation from the abuser jeopar-
dizes the alien's child's ability to care for his or her children (e.g., inabil-
ity to house, feed, or clothe children or to put children into a day care for
fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting
from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy
resulting from the abuser's sexual assault or abuse of, or relationship
with, the alien's child and/or care for any resulting children.
9. Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien's child had
when living with the abuser.
(D) The alien meets the requirements of subparagraph (x)(8)(C)
above.
(E) For the period for which benefits are sought, the individual respon-
sible for the battery or cruelty does not reside in the same household or
family eligibility unit as the individual subjected to the battery or cruelty.
( 10) An alien child who meets all of the conditions of subparagraphs
(A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has
been battered or subjected to extreme cruelty in the United States by that
parent's spouse or by a member of the spouse's family residing in the
same household as the parent and the spouse consented or acquiesced to
such battery or caielty. For purposes of this subparagraph the term "bat-
tered or subjected to extreme cruelty" includes, but is not limited to being
the victim of any act or threatened act of violence including any forceful
detention, which results or threatens to result in physical or mental injury.
Psychological or sexual abuse or exploitation, including rape, molesta-
tion, incest (if the victim is a minor), or forced prostitution shall be con-
sidered acts of violence.
(B) There is a substantial connection between such battery or cruelty
and the need for the benefits to be provided in the opinion of the agency.
For purposes of this subsection, the following circumstances demon-
strate a substantial connection between the battery or cruelty and the need
for the benefits to be provided:
1 . The benefits are needed to enable the alien child's parent to become
self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape
the abuser and/or the community in which the abuser lives, or to ensure
the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting
from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation
from the abuser, or work absences or lower job performance resulting
from the battery or extreme cruelty or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce ac-
tions) cause the alien child's parent to lose his or her job or to earn less
or to require the alien child's parent to leave his or her job for safety rea-
sons.
5. The benefits are needed because the alien child's parent requires
medical attention or mental health counseling, or has become disabled,
as a result of the battery or extreme cruelty.
6. Tlie benefits are needed because the loss of a dwelling or source of
income or fear of the abuser following separation from the abuser jeopar-
dizes the alien child's parent's ability to care for his or her children (e.g.,
inability to house, feed, or clothe children or to put children into a day
care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting
from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy
resulting from the abuser's sexual assault or abuse of, or relationship
with, the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien child's parent
had when living with the abuser.
(C) The alien child meets the requirements of subparagraph (x)(8)(C)
above.
(1 1) A nonimmigrant.
(y) "Qualified mortgage lender" means a mortgage lender who. pur-
suant to a mortgage purchase and/or servicing or other agreement with
the agency, is authorized by the agency to originate for sale to the agency
and/or to service single family program loans. Qualified mortgage lender
shall also include the agency in any case where the agency is directly
originating or servicing, as applicable, single family program loans.
(z) "Residential stnicture" means as defined by Section 50099.5 of the
California Health & Safely Code.
(aa) "Status verifier" means the entity, including the agency or quali-
fied mortgage lender, as applicable, responsible for verifying the eligibil-
ity of an applicant pursuant to this chapter.
(bb) "Single family program loan" means any mortgage loan origi-
nated or purchased, and owned, by the agency for the purpose of financ-
ing the construction, acquisition and/or rehabilitation of an owner-occu-
pied residential structure.
(cc) "Unqualified alien" means an alien who is not a qualified alien.
(dd) "Written notice" means a written notification which is either
hand-delivered, facsimile-transmitted or sent by certified mail. Hand-
delivered notices shall be deemed received when delivered. Facsimile-
transmitted notices shall be deemed received when transmitted. Certified
mail notices shall be deemed received on the third calendar day following
the date it is mailed.
Page 506
Register 2000, No. 5; 2-4-2000
Title 25
California Housing Finance Agency
^ 12102
NOTl- Aiithorilv cited: Sections 5105()(c). 5l()50(s). 31067 and 51349. Health
and Saletv Code. Releience: 8 U.S.C. §J^ 1601. 1621, 162.S. 1641 and 1642: and
.Scclion.s .3)(),50-.5)()70. .^1 100-.'S12.r^ and .5 1 .V .5 -.3 1 .MO. Health and Safety
Code.
HiS'tORY
1 . New section iiled 6-9-98 as an emergency; operative 8-1-98 (Register 98. No.
24). A Ceiiil'icate ofCoiiipliance must be transmitted to OAL by 1 1-.^0-98 or
emergency language will be repealed by operation of law on the following day.
2. Ceilifieate of Compliance as to 6-9-98 order transmitted to OAL 9-2 1-98 and
llled 10-28-98 (Register 98, No. 44).
}. Amendment of section and Norr filed I 1-2-98: operative 12-2-98 (Register
98. No. 4.S).
4. Amendment of subsection (y ). redesignation and amendment of former subsec-
tion (bb) to new subsection (aa). and redesignation of former subsection (aa) as
new subsection (bb) Hied 2-4-99 as an emergency; operative 2—4-99 (Register
99, No. 6). A Cetlificate of Compliance must be transmitted to OAL by 6-4-99
or eniereencv lanuuaee will be repealed by operation of law on the following
tlay.
.5. Reinstatement of .section as it existed prior to 2-4-99 emergency amendment
by operation ot Government Code section 1 1346.1(f) (Register 2000, No. 5).
$12003. Limitation.
The purpose of this chapter is litnited to establishing rtjles and proce-
dures for verifying the eligibility of applicants for agency public benefits
on the basis of United States citizenship, nationality or qualified alien sta-
tus. In addition to the eligibility requirements set forth in this chapter, an
applicant must also satisfy ail other eligibility requirements pertaining to
an agency public benefit.
Non;: Aulhoritv cited: Sections 51050(e). 5l050(s). 51067 and 51349. Health
and .Safety Code. Reference: 8 U.S.C. ^^ 1601, 1621, 1625. 1641 and 1642: and
Sections 51050-51070, 51100-51253 and 51325-51340, Health and Safety
Code.
History
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register98. No.
24). A Certificate of Coiripliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-2 1-98 and
llled 10-28-98 (Register 98. No. 44).
3. Amendment of Ntrn-: tiled 1 1-2-98: operative 1 2-2-98 (Register 98, No. 45).
§ 12004. Severability.
If any provision of this chapter or the application of such provision to
any person or circumstance is held to be unlawful, the remainder of this
chapter and the application of the provisions of such to any person or cir-
cumstance shall not be affected thereby.
NOTI-: Authority cited: Sections 51050(e), 5l0.50(s). 51067 and 51.349, Health
and Safety Code, Reference: 8 U.S.C. ^ij 1601. 1621, 1625, 1641 and 1642; and
Sections 51050-51070. 51100-51253 and 51325-51340, Health and Safety
Code.
HlSlORY
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No.
24). A Certificate of Compliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and
filed 10-28-98 (f^egister 98. No. 44).
3. Amendment of NoTi tiled 1 1-2-98; operative 12-2-98 (Register 98. No. 45).
§12005. Nondiscrimination.
All eligibility requirements contained in this chapter shall be applied
without regard lo the race, creed, color, gender, religion, national origin
(except to the extent specifically authorized under PRWORA). or dis-
ability o\' the applicant.
NOTE: Authority cited: Sections 510-5()(e), 510.50(s), 51067 and 51349. Health
and Safety Code. Reference: 8 U.S.C. i^^ 1601. 1621, 1625. 1641 and 1642; and
Sections 51050-51070, 51100-51253 and 51325-51340, Health and .Safety
Code.
History
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No.
24). A Certificate of Compliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Cerri/lcale o/ Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and
filed 10-28-98 (Register 98. No. 44).
3. Aniendment of seefion and Noth filed 1 1-2-98; operative 12-2-98 (Register
98. No. 4.5).
Article 2. Eligibility for Benefits
§ 12101. Eligibility for Agency Public Benefits.
To be eligible to receive an agency public benefit, an applicant must
be a citizen or other national or qualified alien, as provided herein. In the
case of" a multifamily progratn unit, if. and so long as. any applicant in a
household is ineligible then the entire household is ineligible. It is an
applicant's responsibility to affirmatively establish his or her eligibility.
NoriZ; Authority cited: Sections 5l05()(e). 5l0.5()(,s), 51067 and 51349, Health
and Safety Code. Reference: 8 U.S.C. i?J^ 1601, 1621. 1625. 1641 and 1642: and
Sections 51050-51070. 51100-51253 and 5132.^-51340. Health and Safety
Code.
Ht STORY
1 . New article 2 (sections 12101-12108) and section filed 6-9-98 as an emergen-
cy; operative 8-1-98 (Register 98. No. 24). A Certificate of Compliance must
be transmitted to OAL by 1 I -30-98 or emergency language will be i epealetl by
operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21 - 98 and
filed 10-28-98 (Register 98, No. 44).
3. Amendment of section and Non, filed I 1-2-98; operative 12-2-9M (Re«jisier
98, No. 45).
§ 12102. When Must Eligibility Be Verified.
(a) In the case of a new tenancy, a multifamily program unit shall not
be occupied unless and until the eligibility of all applicants l\)r that unit
has been preliminarily verified in accordance with this chapter. Follow-
ing occupancy the remainder of the applicant's final verification process
shall be continued on or before the next scheduled annual eligibility re-
certification, or. if none is scheduled, within one hundred eighty ( 180)
calendar days of occupancy.
(b) In the case of an existing tenancy, the final verification process
shall be commenced on or before the next scheduled annual eligibility re-
certification of that unit, or if none is scheduled, within one hundred
eighty (180) calendar days of the effective date of this chapter. Notwith-
standing the foregoing, when a tenancy occupies a non-muliilamily pro-
gram unit within a housing development or residential structure and that
unit is substituted by the housing sponsor for a multifamily program unit
within such housing development or residential structure, the tenancy
shall be treated as an existing tenancy except that the eligibility of all
applicants shall be finally verified before it shall be deemed tt) be quali-
fied as a multifamily program unit.
(c) In the case of a new loan, a single family program loan shall not be
made unless and until the eligibility of all applicants has been finally veri-
fied in accordance with this chapter. Notwithstanding any other provi-
sion of this chapter, in the event that an applicant's new loan verification
process is not completed within fifteen (15) calendar days following the
commencement of such process, neither the agency nor the qualified
mortgage lender shall be rec|uired to continue lo process or make the loan
if either determines, in its sole discretion, that further delay will cause the
loan to be uneconotnical or otherwise not feasible. In the event that such
adeterminafion is made, and notwithstanding any other provision of this
chapter, the verification process shall be terminated without further prt)-
cessing or appeal. If such a determination is made, the applicant(s) shall
immediately be given a written notice of it.
(d) In the case of any single family program loan, the eligibility of any
applicant who wishes to acquire, or be added lo the title lo, the residential
structure shall be finally verified before the agency grants any necessary
approval of such acquisifion or addition to title.
(e) Except as provided in subparagraph (a) and (c) of this section, once
a final verificafion process is commenced, it shall be diligently pursued
to coinplefion,
(f) Generally an applicant's eligibility need only be finally verified
once during the life of the loan provided however that in any case where
there is reasonable cause to believe that an applicant's eligibility status
has been misrepresented, the applicant's eligibility may be reverified.
NOTE: Authority cited; Sections 5 j 050(e), 51050(8), 51067 and 51.^9. Health
and Safety Code. Reference: 8 U.S.C. ^!^ 1601, 1621, 1625. 1641 and 1642; and
Sections 51050-51070. 51100-51253 and 5132.5-51 .MO. Health and Safety
Code.
Page 507
Register 2000, No. 5; 2-4-2lX)0
§ 12103
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1 . New section filed 6-9-98 as an emergency: operative S- 1 -98 (Register 98. No.
24). A Ceilitieale of Compliance must be transinitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the folkwing day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and
filed K)-28-98 (Register 98, No. 44).
3. New subsections (a) and (b). subsection relettering. amendment of newly tlesig-
naied subsections (c). (e) and (f) and Non; filed 11-2-98; operative 12-2-98
(liegister98. No. 45).
§ 1 21 03. Who Must Verify Eligibility.
(a) When a tiew loan is being made, eligibility shall be verified by the
qualified mortgage lender who originates the loan. When an applicant is
acquiring, or being added to the title to, the residential structure of a
single family program loan, eligibility shall be veritled by the qualified
mortgage lender who is servicing the loan.
(b) In the case of a multifamily program unit, eligibility shall be veri-
fied by the housing sponsor which owns the housing development or resi-
dential structure.
(c) Pursuant to Section 432(d) of PRWOR A (8 U.S.C.§ 1642(d)) and
notwithstanding any other provision of this chapter, a nonprofit charita-
ble organization that provides agency public benefits is not required to
determine, verify, or otherwise require proof of eligibility of any appli-
cant for such benefits nor is any such applicant required to be eligible. A
nonprofit charitable organization .shall be deemed to be providing an
agency public benefit only when it is the qualified mortgage lender for
a single family program loan or housing sponsor which owns a multifam-
ily program unit, as applicable.
(d) In the case of a multifamily program unit, the reasonable cost of
performing eligibility verifications shall be treated as an operating ex-
pense of the housing development or residential structure and the hous-
ing sponsor may charge a new tenancy applicant (but not an existing ten-
ancy applicant) a reasonable eligibility verification fee only if approved
in writing by the agency. In the case of a single family program loan, the
qualified mortgage lender may charge an applicant a reasonable eligibil-
ity verification fee only if approved in writing by the agency.
(e) Notwithstanding the provisions of subparagraph (a) and (b) of this
section, in the event that an applicant claims qualified alien status on the
basis of facts and circumstances as set forth in subparagraphs (x)(8),
(x)(9) or (x)( 1 0) of Section 1 2002 of this chapter (involving a person who
was battered or subjected to extreme cruelty in the United Sates), then the
agency shall determine such eligibility as further provided in subpara-
graph (a)(3) of Section 12104 of this chapter.
(f) The status verifier shall keep a record of the information upon
which an applicant's eligibility verification or ineligibility determination
is based and shall retain such records for at least four (4) years following
the completion of the verification process, except that when a single fam-
ily program loan is made, the qualified mortgage lender shall keep such
information for the life of the loan.
NOTC: Authoritv cited: Sections 51050(e). 51050(s), 51067 and 51349, Health
and Safety Code. Reference: 8 U.S.C. i^§ 1601. f621. 1625, 1641 and 1642: and
Sections 51050-51070, 51100-51253 and 51325-51340, Health and Safety
Code.
History
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No.
24). A Certificate of Compliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and
filed 10-28-98 (Register 98. No. 44).
3. Amendment of section and NoTh filed 1 1-2-98; operative 12-2-98 (Register
98, No. 45).
§ 1 21 04. Method of Verifying Eligibility.
(a) To obtain a final verification of eligibility for agency public bene-
fits, the following requiretnents must be met:
( I ) The apphcant must declare under penalty of perjury, that he or she
is either a citizen or other national of the United States or a qualified alien,
by completing and signing the "Statement of Citizenship, Alienage and
Immigration Status for State Public Benefits" form, CHFA Benefit Sta-
tus Form 1, 9/98 ('"Form 1") which is incorporated herein by this refer-
ence. If the applicant is an unemancipaied minor (under 18 years of age)
or an adult who is not competent to or has a disability which renders him/
her unable to understand or execute the Form 1, the Forin I must be ex-
ecuted by a parent, legal guardian, or other person legally qualified to act
on behalf of the applicant; and
(2 ) The applicant must present documentation which contains a photo-
graph or other information which describes the applicant (i.e. height,
weight and age) that is sufficient to identify the applicant as the person
named in the signed Form 1 . In the event that the applicant fails to pro-
duce proper identification, the agency public benefit shall be denied
without further verification; and
(3) The applicant tnust present documents, of a type acceptable to the
INS (as set forth in List A of Form 1 in the case of an applicant who is
a citizen or other national or as set forth in Section B or List B of Form
I . as applicable, in the case of an applicant who is an alien), in support
of the applicant's declared status. An alien applicant must present unex-
pired originals of the most recently issued evidence of alien registration.
In the event that an applicant claims qualified alien status pursuant to
facts and circumstances as set forth in subparagraphs (x)(8), (x)(9) and
(x )( 1 0) of Section 1 2002 of this chapter (involving a person who was bat-
tered or subjected to extreme cruelty in the United States), then the Form
1 and copies of any identity and supporting documents shall be for-
warded to the agency for verification. If an alien applicant has lost his or
her original documents or presents expired documents or is unable to
present any documentation evidencing his or her immigration status, the
applicant shall be referred to the local INS office to obtain appropriate
documentation and the agency public benefit shall be denied unless and
until such documentation is presented. A fee receipt from the INS for re-
placeinent of a lost, stolen or unreadable INS document is not an accept-
able substitute for the document it replaces, however, it shall suffice for
the purposes of a preliminary verification. If the applicant presents docu-
ments which clearly show that the applicant is not a citizen or other na-
tional or qualified alien and the applicant does not dispute the status
shown, then the agency public benefit shall be denied without further ver-
ification.
(4) Where the documents presented pursuant to subparagraph (a)(3)
of this section do not on their face appear to be genuine or otherwise to
be reasonable evidence of the applicant's declared status, the status veri-
fier shall take appropriate steps to verify the declared status of the appli-
cant. Ordinarily, the government or other entity that originally issued the
documents shall be contacted for verification by the status verifier. With
regard to naturalized citizens and derivative citizens presenting certifi-
cates of citizenship and aliens, the INS shall be contacted for verification.
The status verifier shall request verification from the INS by sending INS
Form G-84.'i (or any successor form designated by the INS) with copies
of the pertinent documents provided by the applicant to the appropriate
INS office as directed by the INS. Notwithstanding the foregoing, in the
event that the INS will only accept INS Form G-845 filings from the
agency, the status verifier shall forward the completed form to the agency
who shall then send it to the INS. In the event that the INS then returns
their response to the G-845 to the agency, the agency shall forward it to
the status verifier.
(5) The type of docuinentation referred to the INS for verification pur-
suant to INS Form G-845 shall include, but not necessarily be limited to.
the following:
(A ) The document presented indicates immigration status but does not
include an alien registration or alien admission number.
(B) The document is suspected to be counterfeit or to have been al-
tered.
(C) The document includes an alien registration number in the A60
000 (not yet issued) or A80 000 (illegal border crossing) series.
(D) The docuiTient is one of the following: an INS Form 1-18 lb notifi-
cafion letter issued in connection with an INS Form I-l 8 1 Memorandum
of Creation of Record of Permanent Residence, an Arrival-Departure
Record (INS Form 1-94) or a foreign passport stamped "PROCESSED
FOR 1-551 . TEMPORARY EVIDENCE OF LAWFUL PERMANENT
Page 508
Register 2(X)0, No. 5; 2-4-2000
Title 25
California Housing Finance Agency
i^ 12106
RESIDENCE'" thiit INS issued more llian one year before the dale oT
appliealion for the agency public benefit.
(6) If the INS advises that the applicant is a citizen, other national or
a quahfied alien, the INS verification shall be accepted and the applicant
determined to be eligible. If the INS advises that it cannot verify that the
applicant is a citizen, other national or a qualified alien, the agency public
benefit shall be denied unless citizenship or other national status can be
verified from another source.
(b) Notwithstanding any other provisions of this chapter, where an
applicant has been verified by another federal, state or local entity as eli-
gible to receive some other federal, slate or local public benefit as pro-
vided by PRWORA. such verification may be accepted by the status veri-
fier as a verification which satisfies this chapter so long as the status
verifier has a reasonable belief that such verification process ensures the
eligibility of ihe applicant as required by this chapter.
(c) 11 determined lo be ineligible, the applicant shall be given a written
notice of such determination which includes the following information:
( 1 ) Provides the basis of the denial (i.e. his/her immigration status),
and
(2) Provides information on how the applicant may contact the INS to
provide additional oral or written information to the INS if he/she be-
lieves that any information provided by the INS to the status verifier was
erroneous, and
(3) Provides information which identifies the status verifier, the
agency and the agency public benefit and includes the agency's address,
and telephone number, and
(4) Provides a description of the agency appeal process which is avail-
able to the applicant.
(d) The verification process shall be deemed to have commenced
when the applicant completes and signs the Form 1 referred to in .subpara-
graph (a)( 1 ) of this section and to be completed upon the completion ol'
the applicable appeals process as provided in Section 12107 of this chap-
ter. In the event that the applicant does not request an appeal in a proper
and timely manner, then the verification process shall be deemed to be
completed upon the expiration of the time limit for requesting the appeal.
The applicant may waive, in writing, his or her right to appeal at any time
prior to the expiration of the time limit for requesting the appeal and the
verification process shall be deemed to be completed upon receipt by tlie
status verifier of such waiver.
(e) The agency and any housing sponsor or quahfied mortgage lender
acting pursuant to this chapter shall not be Hable for any action, delay or
failure o\' the INS or any other person or entity in conducting the verifica-
tion process.
Notf:: Authoritv cited: Sections .^i 050(e). 51050(s), 31067 and 51349. Health
and Safety Code. Reference: 8 U.S.C. ??i^ 1601. 1621, 1625. 1641 and 1642; and
Sections 51050-51070. 51100-51253 and 51325-51340. Health and Safetv
Code.
HlSlORY
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98. No.
24). A Certitlcale of Compliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-2 1-98 and
tiled 10-28-98 (Register 98. No. 44),
3. Amendment of section and Note: fded 1 1-2-98; operative 12-2-98 (Register
98. No. 45).
4. Amendment of subsection (b) tiled 2-4-99 as an emergency; operative 2-4-99
(Register 99, No. 6). A Certificate of Compliance must be transmitted to OAL
by 6-4-99 or emergency language will be repealed by operation of law on the
following day.
5. Reinstatement of section as it existed prior to 2^-99 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2000. No. 5).
§12105. Federal Public Benefits.
Where a multifamily program unit, single family program loan or resi-
dential structure secured by a single family program loan is a federal pub-
lic benefit pursuant to the provisions of PRWORA. such Federal public
benefit provisions shall apply instead of the provisions of this chapter.
NOTC: Authoritv cited: Sections 51050(e). 51050(s), 51067 and 51349, Health
and Safetv Code. Reference: 8 U.S.C. S§ 1601, 1621, 1625. 1641 and 1642; and
Sections 51050-51070, 51100-51253 and 51325 51340. Health and Safetv
Code.
HlSIORY
1 . New section tiled 6-9-98 as an emergency; operative 8- 1-98 (Register 98. No.
24). A Cerlilicate of Compliance must be transmitted lo OAL by 1 1-30-9X or
emergency language will be repealed by operation of law on the follow ing day.
2. Certificate of Compliance as lo 6-9-98 order transmitted lo OAL 9-2 I -98 and
tiled 10-28-98 (Register 98. No. 44).
3. Repealer of former .section 12105 and renumbering i)f former section 12 106 to
section 12105. including amendment ol .section and Non . tiled 1 1-2-98; op-
erative 12-2-98 (Regist'er98. No. 45).
4. Amendment filed 2-4-99 as an emergency; operative 2-4-99 ( Register 99. No.
6). A Certificate of Compliance must be transmitted to OAL by (>-4-99 or emer-
gency language will be repealed by operation of law on (he following da\.
5. Reinstatement of section as it existed prior to 2-4-99 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2000. No. 5).
§ 1 21 06. Remedies for Ineligibility.
(a) In the case of a new tenancy, any househt)ld containing one or more
applicants who are determined to be ineligible prior to occupancy, shall
be denied occupancy to the multifamily program unit.
(b) Where a multifamily program unit is occupied by an ineligible
household, the housing sponsor shall, within one hundred eighty ( ISO)
calendar days following the completion ol" the eligibility verification pro-
cess, either commence proceedings to evict the ineligible household or
substitute for the noncompliant multifamily program unit another unit
within the housing development or residential structure which is occu-
pied by an eligible household (or which is vacant and reserved for occu-
pancy by an eligible new tenancy household) and which is otherwise
compliant with the agency's requirements. Notwithstanding any other
provision of this chapter, in no event shall an eviction be commenced
with respect to a multifamily program unit before one hundred eighty
(180) calendar days following the effective date of this chapter. Once an
eviction is commenced it shall be diligently pursued by the housing spon-
sor until the ineligible household is removed, unless prior thereto, the
housing sponsor substitutes a compliant multifamily program unit for the
noncompliant one. So long as such eviction is diligently pursued, the
housing sponsor and the affected unit shall not be in violatit)n of this
chapter with respect to such unit.
(c) In the case of a new loan, all applicants who are not finally verified
as eligible shall be denied the single family program loan. In the case of
any single family program loan, all applicants who are not finally verified
as eligible shall be denied any necessary agency approval of their acqui-
sition of or addition lo title to. the residential structure.
(d) In the event that an applicant's citizenship, other nationality or
alien status is misrepresented to a housing sponsor, qualified mortgage
lender, the agency or their representatives for the purpose of obtaining
an agency public benefit, such housing sponsor, qualified mortgage lend-
er, the agency or their representatives may lake appropriate remedial ac-
tion against such applicant which may include but shall not necessarily
be limited to denial of a single family program loan, denial oi approval
of the applicant's acquisition, or addition to tide to. the residential struc-
ture securing a single family program loan, foreclosure of a single family
program loan or debarment from the receipt of future agency public
benefits.
(e) In the event that a housing sponsor or qualified mortgage lender
fails to comply with the requirements of this chapter, such noncom-
pliance shall be deemed to be a violation of not only this chapter but also
a violation of any regulatory and/or other loan agreement with the agency
or mortgage purchase and/or servicing and/or other agreement with the
agency, as applicable, which violation shall entitle the agency to pursue
any appropriate remedies against the housing sponsor or qualified mort-
gage lender under any provisions of such agreements or otherwise avail-
able at law or in equity. Notwithstanding the foregoing, a qualified mort-
gage lender shall only be liable for repurchasing a loan if it intentionally
or negligently made the loan to an ineligible applicant.
NOTE: Authority cited: Sections 51050(e). 51050(s), 50167 and 51349. Health
and Safety Code. Reference: 8 U.S.C. Jjfj 1601. 1621. 1625. 1641 and 1642; and
Sections 51050-51070. 51100-5125.3 and 51325-51.340. Health and Safely
Code.
Page 509
Register 2005, No. 5 1 ; 1 2 - 23 - 2005
§ 12107
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
History
1 . New section filctl 6-9-98 as an emergency; operative 8-1-98 (Register 98. No.
24). A Certificate of Compliance must be transmitted to OAL by 1 1-.^()-98 or
emergency language will be repealed by operation of law on the following day.
2. Ceaificate of Compliance as to 6-9-98 t)rder transmitted to OAL 9-2 1-98 and
filed 10-28-98 (Register 98. No. 44).
3. Renimihering of former section 1 2 1 06 to section 1 2 1 05 and renumbering of for-
mer section 12107 to section 12!()6, including amendment of section and Non .
filed 1 1-2-98: operative 12-2-98 (Register'98, No. 45).
§ 12107. Appeal Process.
(a) Atiy applicant who is determined to be ineligible to receive an
agency public benefit pursuani to this chapter tiiay appeal such determi-
nation as provided in this section.
(b) The applicant shall utilize the following appeal process:
( 1 ) To be considered, an appeal: (A) tnust be submitted in writing to
the agency; (B) tiutsl be either hand-delivered, facsi mile-transmitted or
postmarked within fifteen ( 1 5) calendar days from the applicant's receipt
of the written notice of detertnination of ineligibility; and (C) must stale
the reason the applicant believes the determination was in error.
(2) Upon receipt of an appeal, the agency shall appoint a person to
serve as a review officer which person may be either an employee or in-
dependent contractor of the agency. The review officer shall not be the
same person as rendered the determination being appealed nor a subordi-
nate of such person.
(3) The review officer may detertnine the relevance of the submitted
information and may request additional information from the applicant
or the person who rendered the determination being appealed and any
other source he or she determines, in his or her .sole discretion, has rele-
vant and reliable information, including but not litnited to, the INS. The
review officer may set a cut-off time after which no additional informa-
tion will be accepted.
(4) The review officer shall conduct a review of the determination be-
ing appealed, including all information upon which it was based as well
as all information submitted by the applicant in support of his or her ap-
peal. The authority of the review officer shall be limited to determina-
tions of eligibihly pursuant to this chapter and he or she shall have no au-
thority to overrule any decision or conclusion of the INS regarding the
applicant's immigration status.
(5) Notwithstanding any other provision of this chapter, if, during the
appeal process, the review officer is informed by the agency that the
applicant is ineligible to receive the agency public benefit for reasons
other than those set forth in this chapter, the appeal shall be dismissed.
(6) The review officer shall use his or her best efforts to provide a writ-
ten notice of decision to the applicant within fifteen (15) calendar days
following the receipt of the appeal provided, however, that in the event
the review officer is unable to do so, he or she shall provide a written no-
tice to the applicant that (A) additional time is necessary, (B) the reasons
why, and (C) the date by which the decision will be rendered. In the event
that the review officer is unable, after using his or her best efforts to do
so, render the decision within the specified time frame, the review officer
may repeat the extension process, as necessary, until the deci.sion is ren-
dered. The decision of the review officer shall be a final administrative
decision which completes the final verification process.
NOTE: Authority cited: Sections 51050(e), 51050(s), 51067 and 51349, Health
and Safety Code. Reference: 8 U.S.C. §§ 1601, 1621, 1625, 1641 and 1642; and
Sections 51050-51070, 51100-51253 and 51325-51340, Health and Safety
Code.
History
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No.
24). A Certificate of Compliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and
filed 10-28-98 (Register 98, No. 44).
3. Renumbering of former section 121 07 to section 121 06 and renumbering of for-
mer section 12108 to section 12107, including amendment of section and Noth,
filed 1 1-2-98; operative 12-2-98 (Register^98, No. 45).
§12108. Appeal Process.
NOTE: Aulhoritv cited: Sections 5 1 050(e ), 51 050(s) and 5 1 349. Health and Safety
Code. Reference: 8 U.S.C. S^^ 1601, 1621. 1625. 1641 and 1642: and Sections
510.50-51070 and 51100-51253, Health and Safety Code.
History
1 . New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98. No.
24). A Certificate of Compliance must be transmitted to OAL by 1 1-30-98 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-2 1 -98 and
filed 10-28-98 (Register 98. No. 44).
3. Renumberins of former section 12108 to .section 12107 filed 1 1-2-98; opera-
tive 12-2-98 (Register 98. No. 45).
Chapter 4.
Procedures of Board of
Directors
Article 1. Board Action
§13300. Quorum.
A quorutn shall consist of fifty-one percent (51%) of voting Board
members then in office.
NOTE: Authority cited: Section 51050(e). Health and Safetv Code. Reference:
Sections 50901 and 50916. Health and Safety Code.
History
1. New Chapter 4 (Articles 1-4, Sections 13000-13302. not con.secutive) filed
10-18-79; effective thirtieth day thereafter (Register 79. No. 42).
2. Repealer of Articles 1-3 (Sections 13000-13203, not consecutive) and Article
4 (Section 13302), and renumbering of Article 4 (Sections 13300 and 13301)
to Article 1 (Sections 13300 and 13301) filed 7-28-83; effective thirtieth day
thereafter (Register 83, No. 31).
§13301. Vote Requirement.
No action shall be taken by the Board of Directors without the affirma-
tive vote of fifly-one percent (51%) of the voting Board members then
in office at the duly called Board meeting.
Note: Authority cited: Section 51050(e), Health and Safety Code. Reference:
Sections 50901 and 50916, Health and Safety Code.
§ 13302. Approval of Contractual Agreements and Debt
Obligations.
(a) The Board of Directors shall authorize any sale of obligations or
securities or other debt obligations and shall approve other major con-
tractual agreements. Any other contractual agreements or debt obliga-
tions may be approved by the Execurive Director pursuant to this section.
The Board of Directors may also delegate any contracting authority to the
Execurive Director on terms provided by Board resolurion.
(h) "Major contractual obligations" shall mean operating agreements
or obligations which in any fiscal year exceed, or are reasonably expected
to exceed the higher of $ 1 ,000,000. or such other sum as the Board of Di-
rectors may establish from rime to rime by resolution. ObligaUons which
in any fiscal year do not exceed, or are not reasonably expected to exceed
the amount established above may be approved by the Execurive Direc-
tor. The Board of Directors may approve any major contractual obliga-
uon either by resolurion; or by approving the Agency's annual operaring
budget, provided that any such major contractual obligarion is set forth
in a line item in such budget. If the Execurive Director determines that
there is an emergency, and that such emergency requires the Agency to
enter into a major contractual obligarion on an expedited basis, the
Executive Director may approve the obligarion, but shall bring the ob-
ligarion to the Board for review and ratificarion at the next regularly
scheduled Board meeting.
(c) The Execurive Director may delegate his/her authority to approve
contractual agreements or debt obligarions to any employee of the
Agency. Except in the event of extraordinary circumstances, any such
delegation of authority shall be in wriring and a copy filed with the Gener-
al Counsel prior to the exercise of such authority. Under extraordinary
circumstances, the Execurive Director may delegate orally hi.s/her au-
thority to approve contractual agreements or debt obhgations. In delegat-
ing his/her authority to approve contractual agreements or debt obliga-
Page 510
Register 2005, No. 51; 12-23-2005
Title 25
California Housing Finance Agency
S 14508
tions the ExccLitivo Director may impose limitations and/or conditions on
such authority and may permit further delegation olsueh authority to any
other employee ol' the Agency.
(d) "Extraordinary circumstances." as used in subdivision (c) above,
means such circumstances as the Executive Director shall determine are
sulTicienl to justil'y an oral delegation ofhis/her authority to approve con-
tractual agreements or debt obligations. A determination by the Execu-
tive Director thai extraordinary circumstances exist may be validly com-
numicaled. orally or in writing, to any employee of the Agency.
(e) The Executive Director may ratify the purported approval by any
employee of the Agency of any contractual agreements or debt obliga-
tions which would have been within the authority of the Executive Direc-
tor to approve at the time of such purported approval.
(f) No sale of obligations or securities or debt obligations or contrac-
tual agreements shall be approved unless and until they have been ap-
proved by the General Counsel as to legal sufficiency. The General
Counsel shall determine which contractual agreements or debt obliga-
tions require Board of Director approval as provided herein and which
do not. The General Counsel may issue opinions which interpret this sec-
tion and any employee of the Agency may act in reliance upon such opin-
ion. The General Counsel may delegate his/her authority under this .sec-
lion to other attorneys employed by the Agency.
NOTP-:: Authority cited: Section .Sl()5()(c), Health and Safely Code. Reference:
Sections 7 and ,S()9I4, Health and Safety Code.
History
1. New section filed 10-16-8.^: effcelive upon filing pursuant to Government
Code .Seclion I 1 346.2(d) (Register 85. No. 42).
2. Amendment of subsections (a) and (e). repealcrand new subsection (b), repealer
of subsection (d) and subsection releltering filed 12-19-2005; operative
I2-19-2(X)5 pursuant to Government Code section 1134.1.4 (Register 2005.
No. 51).
Chapter 5. Home Ownership and Home
Improvement
Article 1. General
§ 14001. Authority and Purpose.
NoTFi: Authority cited: Section 41835(e). Health and Safety Code.
HkSTORY
1. New Chapter 5 (Articles 1-8, Sections 14001-14802 not con.secutive) filed
10-21-77; effective thirtieth day thereafter (Register 77. No. 43).
2. Repealer of chapter 5. article 1 (sections 14001-14002) and section filed
1 1-12-96; operative 12-12-96 (Register 96. No. 46).
i^ 14002. Definitions.
History
1. Repealer tiled 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
Article 2. Allocation of Funds and Market
Interest
§14200. Allocation of Funds.
Hlstory
1 . Repealer of article 2 (sections 14200-14202) and section filed 1 1-12-96; op-
erative 12-12-96 (Register 96, No. 46).
§14201. Market Interest.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 14202. Delegation.
History
1 . Repealer filed 1 1-12-96; operative 1 2-1 2-96 (Register 96, No. 46).
Article 3. Qualified Lender
§14300. Certification of Lender.
HisroRY
\. Repealer of an ielc 3 (seclit)ns 1 4300-1 430 1 ) and section filed 1 l-l2-'^)6; op-
erative 12-12-96 (Register 96. No. 46).
§ 1 4301 . Requirements.
HlSI'ORY
1. Amendment filed 8-17-78; elfeclive thirtieth day thereafter (Register 78. No.
33).
2. Repealer filed 1 1-12-96; operalive 12-12-96 (Register 96. No. 46).
Article 4. Eligible Borrowers
§ 14400. Eligible Borrowers.
History
1. Repealer of article 4 (sections 144(K)- 14404) and section filed 1 1-12 96; op-
erative 12-12-96 (Register 96, No. 46).
§ 14401. Speculation Limitations.
His'iory
1. Repealer filed 1 1-12-96: operati.ve 12-12-96 (Regi.ster 96. No. 46)
§14402. Equal Opportunity.
Hlstory
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
§14403. (Reserved.)
§14404. Default by Borrower.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
Article 5. Eligible Loans and Residential
Structures
§14500. Premises.
History
I. Repealer of article 5 (sections 14500-14508) and section filed 1 1-12-96; op-
erative 12-12-96 (Register 96. No. 46).
§ 1 4501 . Use of Proceeds.
Hlstory
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 14502. Maximum Loan Amount.
History
J. Repealer filed J 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 14503. Appraisal.
Hlstory
1. Repealer filed 1 1-12-96; operative 12-12-96 (Regi.ster 96, No. 46).
§ 14504. Interest on Mortgages.
History
I. Repealer filed 1 1-12-96; operanve 12-12-96 (Register 96, No. 46).
§ 14505. Late Charges.
History
1. Repealer filed 1 1-12-96; operafive 12-12-96 (Register 96, No. 46).
§14506. Prepayment Penalties.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 14507. Fees and Charges.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§14508. Interest Rate Exceptions.
History
1. Repealer filed 1 1-12-96; operalive 12-12-96 (Register 96. No. 46).
Page 511
Register 2005, No. 51; 12-23-2005
§ 14600
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 25
Article 6. Purchase Agreements and
Servicing Agreements
§ 14600. Purchase Agreements and Servicing Agreements.
History
I. Repealer of article 6 (sections 14600-14602) and section tiled 1 1-12-96; op-
erative 12-12-96 (Register 96. No. 46).
§ 1 4601 . Provisions of Servicing Agreements.
History
1. Repealer filed 1 1-12-96: operative 12-12-96 (Register 96. No. 46).
§ 14602. Substitution of Agency Funds for Mortgage
Lender's Resources.
History
1. Repealer tiled 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
Ciiapter 10. Loan and Bond Insurance
Article 7. Rehabilitation
§ 14700. Rehabilitation; Disbursement of Loan Proceeds;
Delivery of Mortgage Loans upon Completion
of Construction.
History
1. Repealer of article 7 (sections 14700-14701) and section filed 11-12-96; op-
erative 12-12-96 (Register 96, No. 46).
§ 14701. Rehabilitation: Procedure in the Event
Construction Is Not Completed.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
Article 8. Affirmative Action, Rent
Limitations, Relocation
§14800. Affirmative Action.
Hi.story
1 . Repealer of article 8 (sections 14800-14802) and section filed 1 1-12-96; op-
erative 12-12-96 (Register 96, No. 46).
§ 1 4801 . Rent Limitations.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
§14802. Relocation.
History
1. Repealer filed 11-12-96; operative 12-12-96 (Register 96, No. 46).
Chapter 6. Housing Bond Credit
Committee: Regulations Prescribing
Procedures
NOTF.: Authority cited: .Secfions 51360and 51360.5, Health and Safety Code. Ref-
erence: Secfions 51360 and 51360.5, Health and Safety Code.
History
1 . Order of Repeal of Chapter 6 (Articles 1 -6, Sections 1 5000-1 5045, not consec-
utive) filed 6-3-85 by OAL pursuant toGoveminenl Code Section 1 1349.7; ef-
fective thirtieth day thereafter (Register 85, No. 26). For prior history, see Reg-
ister 80, No. 26.
Article 1. General
§19001. Definitions.
Unless otherwise defined in this Article all terms shall have the mean-
ings set lorlh in Division 31 of the Health and Safety Code ('"Code""),
Chapter 2 of Part 1 and Chapter 1 of Part 4. As used in this Chapter the
following terms shall have the meanings set forth herein:
(a) "Instnance" means loan or bond insurance issued by, or for which
a comiTiitment to issue has been made by, the Agency. The term "insur-
ance" includes coinsurance or reinsurance.
(b) "Loan" means a mortgage loan, acquisition loan, construction
loan, refinance loan, loan for rehabilitation, property improvement loan,
or other advance of inoney or participation in such loan or advance, uti-
lized for the provision of owner-occupied or rental housing dwelling
units.
Note; Authority cited: Sections 51050(e) and 51650, Health and Safety Code.
Rel'erence: Sections 51650 and 51852(n). Health and Safety Code.
History
1. New Chapter 10 (Articles 1-3, Sections 19001-19300 not consecutive) filed
10-21-77: effective thirtieth day thereafter (Register77. No. 43).
2. Repealer of Article 1 (Sections 19001 and 19002) and new Article 1 (Section
19001 ) filed 6-8-83; effective thirtieth day thereafter (Register 83, No. 24).
Article 2. Loan Insurance
§ 19200. Loans Eligible for Insurance.
Note. Authority cited: Section 51()50(e). Health and Safety Code. Reference:
Secfion 51654. Health and Safety Code.
History
1. Repealer of Article 2 (Sections 19200-19209) and new Article (Sections
1 9200-1 9207) filed 6-8-83; effective thirtieth day thereafter (Register 83, No.
24). For prior history, see Register 78, No. 33.
2. Amendment of subsections (a) and (b). repealer of subsection (c) and amend-
ment of NoTt; filed 3-30-2004; operative 3-30-2004 pursuant to Government
Code section 1 1343.4 (Register 2004. No. 14).
3. Repealer of article 2 (sections 19200-19207) and repealer of secfion filed
12-19-2005; operative 12-19-2005 pursuant to Government Code section
1 1 343.4 ( Register 2005, No. 5 1 ).
§ 1 9201 . Loan Insurance Premiums, Other Fees and
Charges.
Note: Authority cited: Sections 51()50(e). 51650 and 51855, Health and Safety
Code. Reference: Section 51855, Health and Safety Code.
History
1. Repealer filed 12-19-2005; operative 12-19-2005 pursuant to Government
Code secfion 1 1 .^43.4 (Register 2005, No. 51 ).
§ 19202. Housing Development with Commercial Space.
NOTE: Authority cited: Sections 51050(e) and 51650. Health and Safety Code.
Reference: Secfions 51334(c) and 51852(g), Health and Safety Code.
History
1. Repealer filed 12-19-2005; operative 12-19-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 51).
§ 19203. Casualty Insurance Requirements.
NOTE: Authority cited: Secfions 51050(e) and 51650, Health and Safety Code.
Reference: Section 51852(m), Health and Safety Code.
History
1, Repealer filed 12-19-2005; operative 12-19-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 51).
§ 19204. Insured Loans Involving Rehabilitation or
Property Improvement Loans.
Note: Authority cited: Sections 51050(e) and 51650, Health and Safety Code.
Reference: Secfion 51852(^j), Health and Safety Code.
History
1. Repealer filed 12-19-2005; operative 12-19-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 51).
§ 19205. Loan Terms — Maximum Length and Loan to
Value Ratio.
NOTE: Authority cited: Secfion 51050(e), Health and Safety Code. Reference:
Section 51652. Health and Safety Code.
Page 512
Register 2005, No. 51; 12-23-2005
Title 25
California Housing Finance Agency
§ 20209
History
1. A mend I IK- II I ot'scciion and Non filed 3-30-2004; operative 3-30-2004 pur-
suant to Govemnienl Code seetion 1 1343.4 (Register 2004. No. 14).
2. Repealer tiled 12-19-200.^; operative 12-19-2005 pursuant to Government
Code seetion 1 1343.4 (Register 200.5. No. 51 1.
§19206. Maximum — Loan Insurance.
Non;: Authority eited: Seetions 51050(e) and 51650. Health and Safety Code.
Referenee: Section 51852(b). Health and Safety Code.
Hlsioi^y
1. Repealer Hied 12-19-2005; operative 12-19-2005 pursuant to Government
Code section 1 1.^43.4 (Regi.stcr 2005. No. 51 ).
§ 19207. Establishment of Minimum Loan Insurance
Reserve.
Noil ; Authority cited: Sections 51050(e). 51608 and 51650. Health and Safety
Code. Reference: Section 51608. Health and Safety Code.
History
1. Repealer filed 12-19-2005; operative 12-19-2005 pursuant to Government
Code section 1 1343.4 (Register 2005. No. 51 ).
Article 3.
Bond Insurance for Local Public
Entities
•
§ 19300. Agency Bond Insurance.
NoiL: Authority cited: Sections 51050(e). 51650 and 51900. Health and Safety
Code. Reference: Sections 51900 and 51901. Health and Safety Code.
History
1. Amendment tiled 8-17-78; effective thirtieth dav thereafter (Resister 78, No.
33).
2. Repealer of Article 3 (Seetions 19300-19311) and new Article 3 (Sections
19300 and 19301 ) tiled 6-8-83; effective thirtieth day thereafter (Register 83,
No. 24). For prior history, see Register 78. No. 42.
3. Repealer of article 3 (sections 19300-19301) and repealer of section filed
12-19-2005; operative 12-19-2005 pursuant to Government Code seetion
11 343.4 (Register 2005. No. 51 ).
§ 19301. Establishment of Minimum Bond Insurance
Reserve.
NOTt:: Authority cited: Sections 510.50(e). 51605, 51608 and 516.50. Health and
Safety Code. Relerenee: Seetion 51605. Health and Safety Code.
History
1. Repealer filed 12-19-2005; operative 12-19-2005 pursuant to Government
Code section 1 1.343.4 (Resister 2005, No. 51 ).
Article 4.
Mortgage Insurance on SB1862
Loans
§ 19400. Insurance Requirements for Homeownership
interest-Reductions Assistance Program
No !>;: Authority cited: Seetions 5 1 050(e), 5 1 345(b) and 5 1 650. Health and Safety
Code. Reference: Section 51345(b). Health and Safety Code.
History
1. New Article 4 (Section 19400) filed 1-28-83 as an emergency; effective upon
tiling (Register 83. No. 5). A Certificate of Compliance must be transmitted to
OAL within 120 days or emergency language will be repealed on 5-28-83.
2. Certificate of Compliance includins amendment transmitted to OAL 5-5-83
and tiled 6-8-83 (Register 83. No. 24).
3. Repealer of article 4 (.section 19400) and repealer of seetion filed 12-19-2005;
operative 1 2- 1 9-2005 pursuant to Government Code section 1 1 343.4 (Resister
2005. No. 51).
Chapter 20. Cal-First Home Buyers
Article 1. General
§ 20100. Authority and Purpose.
Noit: Authority cited: Sections 51050(e), 52501. 52502 and 52506. Health and
Safety Code. Referenee: Seetions 52500, 5250 1 , 52505, 52506, 525 1 0, 525 1 3 and
52514. Health and Safety Code.
History
1. New Chapter 20 ( Articles 1 and 2. Sections 201 ()0-202()(). not consecuiisci filed
8-12-83; effective upon filinu pursuant to Gi)verninent Code Section
1 1346.2(d) (Register 83. No. 33)^
2. Repealer of chapter 20, article 1 (sections 201()0-2()101 ) and section tiled
1 1-12-96; operative 12-12-96 (Register 96. No. 46)
§20101. Definitions.
NOTF.: Authority cited: Section 52506. Health and Salety Code. Relerenee: Sec-
tions 50068.7. .50086 and 52502. Health and Safety Code.
HiSIORY
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
Article 2. Cal-First Home Buyers
Buy-Down Mortgage Plan
§ 20200. Real Property Mortgage Loans Eligible for the
Buy-Down Mortgage Plan.
NOTF: Authority cited: Section 52512. Health and Safety Code. Reference: Sec-
tion 52512. Health and Safety Code.
HiSlORY
1. Repealer of article 2 (seetions 20200-20209) and section filed I 1-12-96; op-
erative 12-12-96 (Register 96. No. 46).
§ 20201 . The Buy-Down Mortgage Plan.
NOTF: Authority eited: Section 52513. Health and Safety Code. Relerenee: .Sec-
tion 525 1 3. Health and Safety Code.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
§ 20202. Lender Fees and Charges.
NOTE: Authority eited: Section 52512. Health and Safety Code. Reference: Sec-
tion 525 1 2, Health and Safety Code.
History
1. Repealer filed 11-12-96; operative 12-12-96 (Regi.stcr 96. No. 46).
§ 20203. Terms of Note and Deed of Trust.
NOTE: Authority cited: Section 52514, Health and Salety Code. Reference: Sec-
tion 52514, Health and Safety Code.
History
1. Repealer tiled 1 1-12-96; operative 12-12-96 (Register 96. No. 46)
§ 20204. Eligible Borrowers.
NOTE: Authority cited: Section .52516, Health and Safety Code. Reference: Sec-
tion 52516, Health and Safety Code.
H 1. story
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
§ 20205. Insurance of Loans.
NOTE: Authority cited: Section 52517. Health and Safety Code. Relerenee: Sec-
tion 52517. Health and Safety Code.
History
1. Repealer filed f 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 20206. Servicing.
NOTE: Authority cited: Section 52514. Health and Safety Code. Reference: Sec-
tion 52514, Health and Safety Code.
History
1. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
§ 20207. Certification of Qualified Mortgage Lender.
NOTE; Authority cited: Section .5()()94(b). Health and Salety Code. Relerenee:
Seetion 50094(b), Health and Safety Code.
History
J. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96. No. 46).
§ 20208. Default and Foreclosure.
NOTE; Authority cited: Section 52519. Health and Safety Code. Relerenee: .Sec-
tion 52519, Health and Safety Code.
History
1. Repealer filed 11-12-96; operative 12-12-96 (Register 96, No. 46),
§ 20209. Allocations.
NOTE; Authority eited: Sections 525 1 1 .5 and 52506. Health and Safety Code. Rel-
erenee: Section 5251 1.5. Health and Safety Code.
History
I. Repealer filed 1 1-12-96; operative 12-12-96 (Register 96, No. 46).
Page 513
Register 2005, No. 51; 12-23-2005
•
.A.
Barclays Official
California
Code of
Regulations
SUBJECT INDEX
Title 25
Housing and Community Development
THOIVISOM
^1-
WEST
Barclays Official California Code of Reglilations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Index updated through Register 2007, Number 52; December 28, 2007
© 2008 ThomsonAVest
Barclays and Barclays Official California Code of Regulations are Trademarks Used Herein Under
License.
TITLE 25 INDEX
AWNINGS
ABATEMENT
Apartments, nuisajices. 25:48-25:70
Holds and motels, nuisances. 2.5:48-2.5:70
Housing, proceciuies lo abate nuisances.
25:.50-25:66
Mobile homes, nuisances. 25:1610-25:1617
Rural dwellings, limited density, owner-built. 25:84
Special oceupancv parks, nuisances.
25:2610-25:2617
ACCESS FOR HANDICAPPED PERSONS
Community development block grant piojects,
25:7()M()
ACCESSORY STRUCTURES
Mobile homes
Sec MOBILH HOMHS
Special occupajicv parks
Sec SPRCIAL OCCUPANCY PARKS
ACCESS TO INFORMATION
Eminent domain. 25:6195
Manufactured housing licenses, 25:5070-25:507.^
Relocation assistance, access by grievance claim-
ants, 25:6166
ACCOUNTS AND ACCOUNTING
CalHoine loan reuse accounts, 25:7724
Community developinent block grants, program
income, 25:7104
Family housing demonstration program
-Hmergeney reserve subaccount, 25:8140
-h'easibiliiy subaccount, 25:8141
Housins rehabilitation proeram. default reserve.
25:8062
Rental housing construclion program
-Component accounts. 25:7808
-fimergeney reserve accounts, 25:810.^
-Feasibility account funds, application for. 25:78.^8
ACQUISITION OF PROPERTY
Government, by
Sec EMINENT DOMAIN
ACTIONS
Abatement
See ABATEMENT
Appeals
See APPEALS
ADVERTISING
Manufactured housing. 25:5050-25:5057
See also MANUFACTURED HOUSING
Outdoor, payment of relocation assistance to
owner. 25:60^6
AFFIRMATIVE ACTION PROGRAMS
Community development block grant projects
-Labor standards, 25:7084
-Procurement standards, 25:7120
Farmworker housing grant program. 25:7208
Homeownership assistance program, marketing
plans, 25:79.14
AGED PERSONS
Housing rehabilitation loans, deferred-payment.
25:7400-25:74.'^8
See also HOUSING REHABILITATION PRO-
GRAM
AGRICULTURAL LABOR CAMPS
See FARMWORKER HOUSING GRANTS
AGRICULTURE
Employee housing
See i-eiiercilly EMPLOYEE HOUSING
Farmworker housing grants, 25:7200-25:72.'^9
.SV^' also FARMWORKER HOUSING GRANTS
Migrant housing centers, 25:7601-25:7665
See also MIGRANT HOUSING CENTERS
Relocation assistance for farm replacements
-Moving expense payments, 25:6094
-Payments, 25:6094
AIR CONDITIONING
Commercial coaches
See COMMERCIAL COACHES
Mobile homes, installation, 25:1. "^60
-Federal regulations (reprinted). 25:4070
Special occupancy parks
-Electrical installations. 25:2185
-Installation, 25:2.^60
AISLES
Commercial special pmpose coaches, 25:45.-'0
ALAMEDA COUNTY
He)using programs, income limits. 25:6932
ALIENS
Emerseney housing and assistance program, eligi-
bility. 25:69.35-^25:69-39.4
Employee housing, qualihcation for public benefits.
25:5802-25:5818
Factory-built housing, qualihcation for pubhe bene-
fits, 25:5802-25:5818
Family housing demonstration program, eligibility,
2.5:6935-25:69.39.4
Farmworker housing grants, eligibility,
25:6935-25:6939.4
Homeownership assistance program, eligibility,
25:6935-25:6939.4
Housing and Community Development Depart-
ment, qualihcation for public benefits,
25:5802-25:5818
-Housing assistance programs. 25:6935-25:6939.4
Housing Finance Agency public benefits, restric-
tions, 25:12001-25:12108
Hou.sing rehabilitation program, eligibility,
25:6935-25:6939.4
Manufactured housing, qualification for public ben-
efits, 25:5802-25:5818
Migrant services office, qualification for public
benefits, 25:6935-25:6939.4
Mobile home parks
-Qualification for public benefits, 25:5802-25:5818
-Resident ownership program, eligibility,
25:6935-25:6939.4
Mortgage loans, eligibility, 25:12001-25:12108
Rental housing construction prosram, eligibility,
25:6935-25:6939.4
Rental housing development projects, eligibility,
25:12001-25:12108
Single family program loans, eligibility,
25:12001-25:r2108
ALPINE COUNTY
Housing programs, income limits, 25:6932
ALUMINUM CONSTRUCTION
Mobile homes, federal regulations (reprinted),
25:4070
AMADOR COUNTY
Housing programs, income limits, 25:6932
ANIMALS
Mobile home park restrictions. 25:1 1 14
Special occupancy restrictions, 25:2114
APARTMENT BUILDINGS
See also i-enerally HOUSING
Abatement of nuisances. 25:48-25:70
Bedding, health and safety requirements. 25:40
Fire extinguishers, portable, 25:46
Garbage receptacles, health and safety require-
ments, 25:38
Heating, 25:.34
Multifamily housing program, 25:7300-25:7336
See also MULTIFAMILY HOUSING PRO-
GRAM
Nuisances, abatement, 25:48-25:70
Owners' names and addresses to be posted, 25:42
Plumbing, 25:.10
APPEALS
Aliens, public housing benefits, 25:12107
Commercial coaches, 25:4045
-Hearings
—Notice, 25:4046
—Results, 25:4046.5
Enterprise zone vouchers, 25:8467
Faetory-built housing complaints. 25:3056
APPEALS -<y)/////;m(y/
Homeownership assistance program. 25:7922
Housing. 25:12
-Emergency housing and assistance program
— Grant selection process, appeal from. 25:7968
-Employee housing. 25:928
Housing and community developmenl depaiimeni
-Public benefits, qualification for. 25:5818
— Housing assistance. 25:6939.4
Housing rehabilitation, dcfened-paymeni loans.
25:7426
Manufactured housing dealers continuing education
courses, denial or cancellation of. 25:5366
Mobile homes, 25:4045
-Hearings
—Notice. 25:4046
—Results, 25:4046.5
-Procedure. 25:4046,7
-Violations, 25:1750-25:1758
Mortgages, public benefit eligibility ol aliens.
25:1^2 107
Recreational vehicles, 25:4045
-Hearings
—Notice, 25:4046
—Results, 25:4046.5
Rental housing construction program, 25:7862
Special occupancy parks, abatement actions.
25:2750-25:2758
Special user housing rehabilitation program.
25:7480
APPLIANCES, HOUSEHOLD
Air conditioners
See AIR CONDITIONING
Clothes dryers
-Commercial coaches. 25:4475.5
-Mobile homes, federal regulations (reprinted),
25:4070
Clothes washers, employee housing, 25:768
Commercial coaches, 25:4473-25:4486
See also COMMERCIAL COACHES
Cooking appliances
-Commercial coaches
See COMMERCIAL COACHES
-Employee housing
See EMPLOYEE HOUSING
Mobile homes
-Electrical installations, 25:1 185
-Federal regulations (reprinted), 25:4070
Special occupancy parks, electrical installations,
25:2185
APPRAISALS
Eminent domain proceedings, 25:6182
Family housing demonstration program, 25:81 18
Multifamily housing program requirement, 25:7309
Rental housing construction program, 25:8083
APPROPRIATION OF PROPERTY
See EMINENT DOMAIN
APPROPRIATIONS
See FUNDS
ATTORNEYS
Relocation assistance grievances, right to counsel,
25:6170
ATTORNEYS' FEES
Farmworker housing grant program, 25:7206
AUDITS
Community development block grant projects,
25:7122
Multifamily housing program requirements,
25:7325
AWNINGS
Mobile homes, 25:1466-25:1474
See also MOBILE HOMES
Special occupancy parks, 25:2466-25:2474
-Location, 25:2428
BANKS AND BANKING
CALIFORNIA CODE OF REGULATIONS
B
BANKS AND BANKING
Loans
Sec generally LOANS
MoileagC!:;
5(7' MORTGAGES
BATHROOMS
See TOILET FACILITIES
BEDDING
Apannient buildings, health and safety require-
ments, 25:40
Hotels and motels, 25:40
Labor eamps, 25:732
BIDDING, COMPETITIVE
Community development block grant project pro-
curement standards, 25:7120
BILINGUAL REQUIREMENTS
Migrant housing centers, complaints and griev-
ances. 25:7631
BLACK PERSONS
Discrimination
See DISCRIMINATION; HOUSING DISCRIMI-
NATION
BLOCK GRANTS
Community development block grants,
25:7050-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
BONDS, SECURITY
Ct)mmunity development block grants, 25:7100
Manufactured housing registration requirements,
25:5547
BUILDINGS
See also HOUSING
Abatement of nuisances
See ABATEMENT
Construction
See CONSTRUCTION
Earthquake protection law, 25:500
Exits
See EXITS
Factory-built housing
See FACTORY-BUILT HOUSING
Mobile home parks, permanent buildings
See MOBILE HOME PARKS
Mobile homes, accessory buildings and structures
See MOBILE HOMES
Plumbing
See PLUMBERS AND PLUMBING
Rural dwellings
See RURAL^DWELLINGS. LIMITED DENSITY
OWNER-BUILT
Special occupancy parks, permanent buildings
See SPECIAL OCCUPANCY PARKS
BUNKHOUSES
See generally EMPLOYEE HOUSING
BUSINESSES
Enterprise zones
See ENTERPRISE ZONES
Relocation assistance payments, 25:6094
BUTTE COUNTY
Housing programs, income limits, 25:6932
CABANAS
Mobile homes. 25:1444-25:1464
See also MOBILE HOMES
CfiiBANfiiS-contiinii'd
Special tKCupancy parks, 25:2444
CALAVERAS COUNTY
Housing programs, income limits. 25:6932
CALHOME PROGRAM, 25:7715-25:7756
Activities eligible. 25:7718
Applicant eligibility, 25:7717
Applications.^25:7749-25:7751
Construction requirements, owner-occupied rehabil-
itation programs, 25:7735
Defaults and loan cancellations, 25:7756
Definitions. 25:7716
Development loans. 25:7742-25:7748
-Development requirements. 25:7748
-Eligibility. 25:7742-25:7743
-Interest, 25:7746
-Loan-to-value hmits, 25:7747
-Maximum amount, 25:7745
-Site control, 25:7744
-Terms, 25:7746
Disbursement of funds, 25:7753
Eligibility
-Activities. 25:7718
-Applicants, 25:7717
-Development loans, 25:7742-25:7743
-Households. 25:7720
-Moilgage assistance. 25:7728-25:7729
-Owner-occupied rehabilitation programs.
25:7732-25:7733
-Self-help technical assistance projects.
25:7736-25:7737
-Shared housing programs, 25:7739-25:7740
-Uses of funds, 25:7719
Homebuyer education. 25:7722
Homeowner/honiebuyer loans. 25:7725-25:7727
Households eligible, 25:7720
Legal documents, 25:7752
Loans
-Defaults and cancellations, 25:7756
-Development loans, 25:7742-25:7748
-Homeowner/homebuyer loans, 25:7725-25:7727
-Mortgage assistance, 25:7728-25:7731
-Reuse accounts, 25:7724
-Servicing, 25:7723
Local administration, 25:7721
-Mortgage assistance, 25:7730
-Owner-occupied rehabilitation programs, 25:77.34
Mortgage assistance, 25:7728-25:7731
Owner-occupied rehabilitation programs,
25:7732-25:7735
Performance goals, 25:7755
Purpose, 25:7715
Rehabilitation assistance for owner-occupied prop-
erties. 25:7732-25:7735
Reponing requirements. 25:7754
Scope, 25:7715
Self-help technical assistance projects.
25:7736-25:7738
Shared housing programs, 25:7739-25:7741
Technical assistance, self-help projects,
25:7736-25:7738
Underwriting requirements
-Mortgage assistance, 25:7731
-Owner-occupied rehabilitation programs, 25:7735
Use of funds. 25:7719
CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970
See ENVIRONMENTAL QUALITY ACT OE
CALIFORNIA
CALIFORNIA HOUSING FINANCE AGENCY
See HOUSING FINANCE AGENCY
CAMPS AND CAMPING
See RECREATIONAL VEHICLES
Labor camps
See EMPLOYEE HOUSING
Special occupancy parks
See SPECIAL OCCUPANCY PARKS
CARETAKERS
Housing, 25:42
CARPETING
Mobile homes. 25:4049.3
Cf<BPET\UG-iOiUiiwcd
Mobile homes-ioii I i lined
-Fire prevention, federal regulations (reprinted),
25:4070
CARPORTS
Mobile homes, 25:1478
See also MOBILE HOMES
Special occupancy parks, 25:2478
-Location, 25:2428
CEILINGS
Mobile homes, height
-Cabanas. 25:1448
-Federal regulations (reprinted). 25:4070
Special purpose coaches, height, 25:4529
CEQA
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
CERTIFICATES AND CERTIFICATION
Earthquake-resistant bracing svstems
See MOBILE HOMES
Enterpnse zones, 25:8430-25:8434
Factory-built housing design approval agencies,
25:3022.1-25:3022.3
Fire hydrants, private
-Mobile home parks, 25:1317
-Special occupancy parks, 25:2317
HOME Investment Partnership Act program. Com-
munity Housing Development Organization
(CHDO) certification, 25:8204.1
CHARGES
See FEES
CHFA
See HOUSING FINANCE AGENCY
CHFA MULTI-FAMILY RENTAL DEVELOP-
MENTS
See RENTAL HOUSING DEVELOPMENT
PROGRAMS
CHILD CARE CENTERS
Family housing demonstration program. 25:8127
Financing assistance. 25:8250-25:8273
See also CHILD CARE FACILITIES FINANC-
ING PROGRAM
Loans. 25:8250-25:8273
CHILD CARE FACILITIES FINANCING PRO-
GRAM, 25:8250-25:8273
Allocation of funds. 25:8254
-Microloan set aside funds, 25:8273
Applicants
-Definition, 25:8251
-Duration of child care service requirement,
25:8256
-Eligibility, 25:8252
-Indemnification of Department. 25:8256
Definitions, 25:8251
Direct loans
-Applications. 25:8269
— Approval process, 25:8270
—Contents, 25:8269
—Fees, 25:8272
--Notice, 25:8270
-Availability, 25:8257
-Collateral, 25:8268
-Definition. 25:8251
-Interest rate, 25:8266
-Legal documents, 25:8271
-Limits, 25:8264
-Loan agreement, 25:8271
-Origination fees, 25:8272
-Promissory note, 25:8271
-Repayment, 25:8267
-Security, 25:8268
-Term, 25:8265
Duration of child care service requirement, 25:8256
Eligibility
-Applicants, 25:8252
-Facilities, 25:8253
-Projects, 25:8254
Facilities
-Definition, 25:8251
-Ehgibility, 25:8253
TITLE 25 INDEX
COMMERCIAL COACHES
^
CHILD CARE FACILITIES FINANCING PRO-
GRAM-; y)/;///»/<y/
hiinds
-Allocalion of. 25:8254
— Micioloan set aside funds. 25:8273
-Use of. 25:8255
Indciiini/icalion of Dcpj/l/ncnI. 25:8256
Loan guaranties
-Applieations
--Approval proeess. 25:8259
-Information. 25:8258
-Lender eeililieation. 25:8258
--Notiee. 25:8259
-Availability. 25:8257
-Collection guaranties. 25:826 L 25:8262
-Contents. 25:8260
-Definition. 25:8251
-Demand prt)eedures. 25:8261
-Termination. 25:826.^
-Terms and ci)nditions. 25:8260
Microloans. 25:827."^
-Delinition. 25:8251
Notice
-Direct loan applieations. 25:8270
-Loan guaranty applications. 25:8259
Priorities. 25:8254
Purpose. 25:82.50
.Scope of regulations. 25:8250
Use of fund's. 25:8255
CITIES
Sec also LOCAL AGHNCILS
Community development block grants.
25:70.50-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Real propeny
-.Sale. 25:69 K)
Targeted tax area program, 25:8448-25:8448.15
See also TAKGETLD TAX AREA PROGRAM
CIVIL PENALTIES
See PENALTIES
CIVIL SERVICE
Conliict of interest
See CONFLICT OF INTEREST
COASTAL ZONE HOUSING, 25:6910
COLUSA COUNTY
Housing programs, income limits, 25:6932
COMMERCE DEPARTMENT
Enterprise zones
See ENTERPRISE ZONES
COMMERCIAL COACHES
See also MOBILE HOMES
Accepted engineering practice standards, 25:4379
Appx.CC-1
Additions. 25:4040.5
-Applications, 25:4042
Advertising, 25:.5050-25:5057
See also MANUFACTURED HOUSING
Air conditioning systems
See also Mechanical systems, this heading
-Dampers, 25:4.501.7
-Equipment standards, 25:4505
-Installation standards, 25:4506
Air supply systems, 25:4492-25:4506
-Circulating air systems, 25:4500
-Dampers, ^25:450L7
-Ducts
— Circulating air systems, 25:4500
— Expandable coaches, 25:4495
— Installation, 25:4494
—Insulation, 25:4498.5
—Joints. 25:4493
—Metal thickness, 25:4506 Appx. CC-M-4
--Multiple-unit coaches, 25:4495
--Seams. 25:4493
—Sizing, 25:4496, 25:4498
— SuppFy ducts, 25:4492
— -Airtightness, 25:4497, 25:4498
—Testing, 25:4498
-Expandable coaches. 25:4495
-Fittings, 25:4494
COMMERCIAL C0ACHES-(7>/;;;/u/«y
Air supply systcms-coniiinwd
-Installation of ducts, 25:4494
-Insulation, 25:4498.5
-Joints of ducts, 25:4493
-Metal thickness for ducts. 25:4506 Appx. CC-M-4
-Multiple-unit coaches. 25:4495
-Plenums, insulation. 2,5:4498.5
-Registers. 25:4494
-Seams of ducts. 25:4493
-Sizing of ducts. 25:4496. 25:4498
-SuppFy ducts. 25:4492
-Testing of ducts, 25:4498
Aisles
-Special puipose coaches, 25:4530
Alterations, 25:4040
-Applications, 25:4042
-Exemptions. 25:4041
Alternates, 25:4008
Appeals of violations, 25:4045
-Hearings
— Notict\ 25:4046
—Results, 25:4046.5
Appliances, 25:4473-25:4486
Sec also Gas piping systems, this heading
-Accessibility, 25:4478
-Air supply, 25:4483
-Approved appliances, 25:4473
-Clearances, 25:4479
-Clothes dryers, 25:4475.5
-Commercial hoods and kitchen ventilation,
25:4475.7
-Displacement, securing again.st. 25:4477
-Fuel conversion. 25:4474
-Installation instruction.s, 25:4476
-Installation standards. 25:4473,
25:4475-25:4475.7, 25:4506 Appx. CC-M-1
— Clothes dryers. 25:4475.5
— Commercial hoods and kitchen ventilation,
25:4475.7
— Separations, 25:4475.2
-Manufacturer's instructions, 25:4476
-Marking
— Fuel type. 25:4476
-Operating instructions, 25:4476
-Roof jacks, 25:4486
-Safety devices, 25:4476.5
-Securing, 25:4477
-Shutoff "devices, 25:4476.5
-Standards. 25:4506 Appx. CC-M-1
-Venting. 25:4473, 25:4480-25:4486
—Air supply, 25:4483
— Installation of vents, 25:4480
—Joints, 25:4485
— Location of vents, 25:4480
--Roof lacks, 25:4486
—Single-wall vents, 25:4482
— Termination of vents, 25:4484
— Types of vents, 25:4481
Applicability of provisions, 25:4002, 25:4350
-Electrical systems, 25:4380
-Gas piping systems, 25:4428
-Mechanical systems, 25:4414
-Oil piping .systems, 25:4455
-Plumbing systems, 25:4514
-Special purpose coaches. 25:4525
-Third-party approval and enforcement, 25:4850
Applications
-Additions, 25:4042
-Alterations, 25:4042
-Conversions, 25:4042
-Electrical systems, 25:4016
-Mechanical systems, 25:4016
-Model plans, 25:4017
-Nonconforming. 25:4022
-Plumbing systems, 25:4016
-Quality control manuals, 25:4018
Authority for provisions, 25:4000
Bathing facilities
See also generally Plumbing systems, this heading
-Wall surfacing for tub and shower enclosures,
25:4522 Appx. CC-P-1
Calculations, 25:4019
Ceilina heisht
COMMERCIAL COACHES-i ()////»««/
Ceiling hct^hl-coiiliiiKed
-Special purpose coaches, 25:4529
Clothes dryers. 25:4475.5
Complaints, investigation, 25:4013.5
Contracts, third-party approval and enforcement.
25:4874
Conversions. 25:4040
-Applications, 25:4042
-Exemptions. 25:4041
Cooking appliances. 25:4473
See also generally Appliances, this heading
-Commercial hoods and kitchen ventilatit)n.
25:4475.7
-Special purpose coaches. 25:4536
Dealers
See MANUFACTURED HOUSING, subheading:
Dealers
Dehnitions. 25:4004
-Electrical systems. 25:4381
-Mechanical systems, 25:4415
-Plumbing systems. 25:4515
Design
-Approval. 254015. 25:4850-25:4884
-Dead loads. 25:4357
-Live loads. 254357.5
-Load deflections. 25:4360.6
Discontinuance of model. 25:4029
Distributors
See MANUFACTU1^:D HOUSING, subheading:
Distributors
Drainage systems. 25:4516
Earthquake regulations. 25:4358.3
Electrical systems, 25:4380-25:4409
-Applicability of regulations, 25:4380
-Applications, 25:4016
-Autotransformers, 25:4387
-Branch circuit panelboards, 25:4391
-Combination systems, 25:4387
-Definitions, 25:4381
-Dialectric strength tests, 25:4409
-Distribution panelboards, 25:4391
-Dual supply systems. 25:4390
-Dual-voltage fixtures and appliances. 25:4387
-Energy conservation. 25:4407
-Equipment standards, 25:4380, 25:4409 Appx.
CC-E- 1
—Grounding. 25:4402
— Low-voltage systems. 25:4385
— Mounting, 25:4400
-Expandable units, 25:4396
-Fixture standards, 25:4380, 25:4409 Appx.
CC-E-1
—Dual-voltage fixtures. 25:4387
— Low-voltage sy.stems, 25:4385
-Fuel-fired engine driven generators, 25:4389
-Gas piping systems, installed in conjunction with,
25:44-26'
-Generators
— Dual supply systems, 25:4390
— Fuel-fired engine driven generators. 25:4389
-Grounding
— Gas pipmg. prohibited use. 25:4442
— Receptacles. 25:4404
-Identification, 25:4394
-Installation standards, 25:4380, 25:4409 Appx.
CC-E- 1
-Labeling, 25:4394
-Low-voltage systems, 25:4383
--Equipment standards, 25:4385
— Fixture standards, 25:4385
--Overeurrent protection, 25:4384
—Testing, 25:4409
-Mounting of equipment, 25:4400
-Multiple units, 25:4396
-National electrical code, applicability. 25:4380
-Outdoor wiring. 25:4397
-Overeurrent protection
— Low-voltage systems. 25:4384
-Panelboards'! 25:4391
-Receptacles
— Combination systems. 25:4387
— Grounding, 25:4404
-Rodent resistance, 25:4398
COMMERCIAL COACHES
CALIFORNIA CODE OF REGULATIONS
COMMERCIAL COACHES-,y</;///;h( J
Klectrical syslcms-coiiiiinied
-Scope of regulations, 25:43K0
-Special purpose coaches. 25:4532
-Standards. 25:4.^80. 25:4409 Appx. CC-E-i
-Testing. 25:4409
-IJnderchassis wiring, 25:4397
-Voltage conveners
- -Combination systems. 25:4387
Employee housing. 25:900-25:908
Sec also EMPLOYEE HOUSING, subheading:
Mobile homes
Energy conservation. 25:4369.5
-Electrical systems. 25:4407
Enforcement of provisions. 25:4005
Equipment, 25:4006
-Depaitmenl disapproval, 25:4007
Equivalents, 25:4008
Exits, 25:4376
-Special purpose coaches, 25:4528
Fastening of structural components, 25:4360.9
Fees, 25:4044
-Monitoring, 25:4010.5
-Refunds, 25:4038
Fireplaces and fireplace stoves, 25:4473
Fire safety, 25:4372
-Special purpose coaches. 25:4527
Firestopping
-Walls, 25:4362.5
Fixtures
-Electrical systems, 25:4380. 25:4409 Appx.
CC-E-1
--Dual-voltage fixtures. 25:4387
- -Low-voltage systems, 25:4385
-Mechanical systems, 25:4414
-Plumbing systems, 25:4517.7
--Traps. 25:4517-25:4517.5
Floors, 25:4360.2, 25:4363
-Drilling, 25:4363.3
-Notching, 25:4363.3
Gas piping systems, 25:4426-25:4453
-Appliances
--Connections, 25:4445
- -Shutoff valves. 25:4446
--Testing. 25:4450, 25:4451
-Applicability of regulations. 25:4428
-Capacity standards, 25:4506 Appx. CC-M-2
-Concealment of pipes and joints, 25:4437,
25:4439
-Connections
--Appliances, to, 25:4445
--Caps, 25:4444
--Identification, 25:4443
-Copper tubing, 25:4430
-Couplings, 25.4440
-Design. 25:4429
-Electrical equipment installed in conjunction with,
25:4426
-Electrical ground, prohibited use, 25:4442
-Expandable coaches, 25:4431
-Fittings
--Material standards, 25:4430
-Hangers. 25:4441
-Identification of connections, 25:4443
-.Joints, 25:4435
— Concealment, 25:4439
- -Couplings, 25:4440
--Pipe- joint compounds, 25:4438
--Tubing joints, 25:4436
-Leaks, 25:4452
-Material standards, 25:4430
-Multiple-unit coaches, 25:4431
-Pressure, 25:4434
-Rodent resistance, 25:4453
-Shutoff valves
- -Appliances, 25:4446
-Size of pipes, 25:4434, 25:4506 Appx. CC-M-2.
25:4506 Appx. CC-M-3
-Standards, 25:4506 Appx. CC-M-1
--Sizing and capacities, 25:4506 Appx. CC-M-2,
25:4506 Appx. CC-M-3
-Steel tubing, 25:4430
-Straps, 25:4441
-Supports, 25:4441
COMMERCIAL COACHES (y«;////h<y/
Gas piping sys\cnK-(()iiiiiiii('d
-Testing
— AppHances, 25:4450. 25:4451
--Leaks. 25:4452
-Tubing
--Concealment. 25:4437
— Joints. 25:4436
— Material standards. 25:4430
Gla.ss, 25:4371
-Special purpose coaches. 25:4531
Glazing. 25:4371
Hearings, appeals
-Notice. 25:4046
-Results. 25:4046.5
Heating systems
Sec also Mechanical systems, this heading
-L^ainpers. 25:4501.7
Heat loss, 25:4369
Identification. 25:40.30-25:4037
Insignia, 25:4030-25:4037
-Application for
— Plan approval, pursuant to, 25:4034
— Requested inspection, pursuant to. 25:4034.5
-Denial, 25:4035
-Lost or damaged, 25:4037
-Quality assurance agency, issuance by, 25:4882
-Removal. 25:4036 ^
-Required, 25:4032
--Exceptions, 25:4033
Inspections, 25:4010
-Actions after. 25:4012
-Approval. 25:4011
-Fees, monitoring, 25:4010.5
-Notice of violations after inspection, 25:4013
Installation, 25:4006
-Department disapproval, 25:4007
Instructions from manufacturer, 25:4368
Insulation, air supply systems, 25:4498.5
Interior walls. 25:4.360.4. 25:4374
Investigation of complaints, 25:4013.5
Labels
Sec also Insignia, this heading
-Electrical systems, 25:4394
Licenses
See MANUFACTURED HOUSING
Lighting, energy conservation, 25:4407
Liquefied petroleum gas systems, 25:4420-25:4425
-Access doors or panels, 25:4421
-Compartments, 25:4421
-Connections
—Caps, 25:4444
— Identification. 25:4443
-Construction of containers. 25:4420
-Containers, 25:4420-25:4424
--Accessories, 25:4422
— Construction, 25:4420
— Location, 25:4421
—Marking, 25:4420
— Mounting, 25:4421, 25:4424
— Protection, 25:4421
—Regulators. 25:4422
Final stage regulators, 25:4423
— Safety relief devices, 25:4423
—Valves, 25:4422
Safety relief devices. 25:4423
-Design. 25:4425, 25:4429
-Identification of connections, 25:4443
-Location, 25:4421
-Markinc of containers, 25:4420
-Pressure, 25:4420, 25:4425
-Sizes of pipes, 25:4506 Appx. CC-M-3
-Standards. 25:4506 Appx. CC-M-1
—Sizes of pipes, 25:4506 Appx. CC-M-3
-Unfiled pressure vessel standards, applicability,
25:4420
-Vapor-withdrawal type system required, 25:4425
Loads
-Design dead loads, 25:4357
-Design live loads. 25:4357.5
-Design load deflections, 25:4360.6
-Earthquake regulations, 25:4358.3
-Floors, 25:4360.2
-Roof loads, 25:4359
COMMERCIAL CO/KCHES-contiinied
Lo'dds-contiiiuet:!
-Snow loads, 25:4360
-Tests, 25:4360.7
-Wind loads, 25:4358
Manufacturers
-Approval, 25:4009
-Multiple manufacturing locations. 25:4020
-Name or address chanse, 25:4028
-Out-of-state. 25:4021.5
-Ownership change, 25:4027
-Third-party approval and enforcement
See Third-party approval and enforcement, this
heading
Mechanical sy^stems. 25:4414-25:4506
-Air supply systems. 25:4492-25:4506
-Appliances, 25:4473-25:4486
-Applicability of regulations, 25:4414
-Applications, 25:4016
-Definitions, 25:4415
-Equipment standards, 25:4414, 25:4506 Appx.
CC-M-1
-Fixture standards, 25:4414
-Gas piping systems, 25:4426-25:4453
-Installation standards, 25:4414, 25:4506 Appx.
CC-M-1
-Liquefied petroleum gas systems,
25:4420-25:4425
-Oil piping systems, 25:4455-25:4471
-Scope of regulations, 25:4414
-Special purpose coaches, 25:4533
-Standards, 25:4414, 25:4506 Appx. CC-M-1
Minimum requirements, 25:4353
Model plans, applications, 25:4017
Multiple manufacturing locations, 25:4020
New construction methods and materials, 25:4356.5
Noise insulation, 25:4370
Notice
-Appeals hearings, 25:4046
-Violations after inspections, 25:4013
Numbering, identification, 25:4030-25:4037
Oil piping systems, 25:4455-25:4471
-Applicability of regulations, 25:4455
-Auxiliary tanks, 25:4469
-Copper tubing, 25:4457
-Expandable coaches, 25:4456
-Filters, 25:4471
-Fittings, 25:4457
-Grading, 25:4463
-Gravity feed systems, 25:4463
-Hangers, 25:4464
-Joints, 25:4459-25:4461
— Pipe-joint compounds, 25:4461
— Tubing joints, 25:4460
-Leakages, 25:4465
-Material standards, 25:4457, 25:4506 Appx,
CC-M-1
-Multiple-unit coaches, 25:4456
-Shutoff valves, 25:4470
-Size of piping, 25:4458
-Standards, 25:4506 Appx. CC-M-1
-Steel tubing, 25:4457
-Straps, 25:4464
-Supports, 25:4464
-Tanks, 25:4468-25:4471
— Auxiliary tanks, 25:4469
—Filters, 25:4471
—Shutoff valves, 25:4470
-Testing for leakage, 25:4465
-Tubing
—Joints, 25:4460
— Material standards, 25:4457
Out-of-state manufacturing, 25:4021.5
Physically challenged persons, 25:4379
Plans
-Amendments, 25:4026-25:4028
-Approval, 25:4015
—Changes, 25:4026-25:4028
—Evidence, 25:4023
— Expiration, 25:4024
-Changes, 25:4026-25:4028
-Evidence of approval, 25:4023
-Expiration of approval, 25:4024
-Modifications, 25:4026-25:4028
TITLE 25 INDEX
COMMUNITY DEVELOPMENT BLOCK GRANTS
COMMERCIAL C0ACHES-(7////////^(y/
Plaiis-(Y'/;//»»<v/
-Nonconloiniing. 23:4022
Fliimbing systems. 25:4514-25:4522
-Applicahility t)t' icgiilalioiis. 25:4514
-Applications. 25:4016
-Dclinitioiis. 25:45 L5
-Drainage systems. 25:4516
-Hc|uipmenl standards. 25:4514
-Fixtures. 25:4517.7
--Traps. 25:4517-25:4517.5
-installation standards. 25:4514
-Material standards. 25:4522 Appx. CC-P-2
-Scope 1)1" regulations. 25:4514
-Special purpose coaches. 25:4534
-Standards. 25:4514, 25:4522 Appx. CC-P-2
-Traps. 25:4517-25:4517.5
—Prohibited. 25:4517..^
— Required. 25:4517
—Seals. 25:4517.5
-Uniform plumbing code, applicability. 25:4514
-Vents and venting. 25:4516.5
-Wall surfacing for tub and shower enclosures.
25:4522 Appx. CC-P-1
-Waste holding tanks. 25:4517.8
-Water supply, 25:4518-25:4522
--Connections. 25:4519
— f)isiribution systems. 25:4518
— Storage tanks. 25:4522
Printed instructions from manufacturer. 25:4368
Prototypes. 25:4015.5
Quality assurance approval, 25:4850-25:4884
See also Third-paily approval and enforcement,
this heading
Qualitv control. 25:4025
-Manuals. 25:4018
Refund of fees, 25:4038
Reeisiralion and titling. 25:55 10-25:.5668
See also MANUFACTURED HOUSING
Reporting requiretnents
-Third-party approval and enforcement
— Activity reports, 25:4880
— Changes in entity. 25:4866
Rigidity, analysis. 25:4354
Rodent resistance
-Flectrical systems, 25:4398
-Gas piping systems. 25:4453
Roof loads, 2.5:4359
Roofs
-Coverings, 25:4363.6, 25:4379 Appx. CC-1
-Fastening of framing. 25:4360.9
-Members. 25:4363.4
-Roof trusses, testing. 25:4360.8
-Weather resistance, 25:4364
Salespersons
See MANUFACTURED HOUSING, subheading
Salespersons
Scope of provisions. 25:4002. 25:4350
-Electrical systems, 25:4380
-Mechanical systCEiis. 25:4414
-Plumbing systems, 25:4514
-Special purpose coaches. 25:4525
-Third-party approval and enforcement, 25:4850
Sealing joints
-Special purpose coaches. 25:4530
Snow loads, 25:4360
Special purpose coaches
-Aisles. 25:4530
-Applicability of provisions, 25:4525
-Ceiling height, 25:4529
-Design approval, 25:4850-25:4884
-Electrical systems, 25:4532
-Exits. 25:4528
-Fire safety. 25:4527
-Food preparation equipment, 25:4536
-Glass. 25:4531
-Mechanical systems, 25:4533
-Plumbing systems. 25:4534
-Quality assurance approval. 25:4850-25:4884
-Scope of provisions, 25:4525
-Sealing joints, 25:4530
-Ventilation, 25:4535
Strength, analysis, 25:4354
Structural analysis, 25:4354
COMMERCIAL COACHES-(Y)/;///;(/(r/
Structural requirements. 25:4356
Technical service. 25:4014
Te.sls. 25:4019
-Air supply ducts. 25:4498
-Dialectric strength tests. 25:4409
-Electrical systems. 25:4409
-Gas appliance connections, 25:4450, 25:4451
-Gas pipe leaks, 25:4452
-Loads. 25:4360,7
-Oil pipe leaks. 25:4465
-Roof trirs.ses. 25:4360.8
Third-p;u"ty approval and enforcement.
25:4850-25:4884
-Activity repoils. 25:4880
-Applicability of regulations. 25:4850
-Application for approval
— Design approval agency. 25:4858
—Fees? 25:4884
— Processing time. 25:4864
— Quality assurance agency. 25:4858
--Quality assurance inspector. 25:4862
-Changes in entity, reporting. 25:4866
—Fees. 25:4884
-Conditions of approval
— Design approval agency. 25:4852
— Quality assurance agency, 25:4854
— Quality assurance inspector, 25:4856
-Conflict' of interest, 25:4872
-Contracts, 25:4874
-Design approval agency
— Activity repoils, 25:4880
— Application for approval. 25:4858
Fees, 25:4884
— Conditions of approval, 25:4852
--Operating procedures, 25:4870
—Procedures, 25:4870, 25:4876
-Expiration of approval. 25:4868
-Fees, 25:4884
-Fraud. 25:4872
-Operating procedures, 25:4870
-Quality assurance agency
— Activity reports. 25:4880
— Application for approval, 25:4858
Fees, 25:4884
— Conditions of approval, 25:4854
— Insignia issuance and administration, 25:4882
--Operating procedures, 25:4870
—Procedures, 25:4870, 25:4878
-Quality assurance inspector
— Activity reports, 25:4880
--Application for approval. 25:4862
Fees, 25:4884
--Conditions of approval, 25:48.56
-Renewal of approval. 25:4868
--Fees, 25:4884
-Reporting requirements
--Activity reports, 25:4880
— Changes in entity, 25:4866
-Scope of regulations, 25:4850
Title
See MANUFACTURED HOUSING, subheading:
Registration and tiding
Undervehicle closure material, 25:4365
Vehicle identification number (VIN),
25:4030-25:4037
-Exterior location on vehicle, 25:4031
-Unit identification, 25:4030
Ventilation
-Appliances, venting. 25:4473, 25:4480-25:4486
-Special purpose coaches, 25:4535
Walls, 25:4361
-Drilling. 25:4361.3
-Fastening of framing. 25:4360.9
-Firestopping, 25:4362.5
-Interior walls, 25:4360.4. 25:4374
-Notching. 25:4.361.3
-Studs, 25:4.361.3
Waste holding tanks, 25:4517.8
Water heaters
See also generallv Appliances, this headina
-Safety devices. 25:4476.5
Water supply, 25:4518-25:4522
-Connections, 25:4519
COMMERCIAL COACHES-(Y^/;/;»i/( J
Water supply-(YW////«(Y/
-Distribution systems. 25:4518
-Storage tanks' 25:4522
Weather resistance. 25:4364
Wind loads, 25:4358
COMMUNITY DEVELOPMENT BLOCK
GRANTS, 25:7050-25:7126
Access for handicapped persons, 25:7090
Acquisition of property. 25:7086
Administration of grams. 25:7098-25:7126
Adnuni.siralive cost limitation. 25:7068
Affirmative action
-Labor standards, 25:7084
-Procurement standards. 25:7120
Amendment of program. 25:7065
Amount of funding. 25:7064
Applicability of regulations. 25:7050
Application process, 25:7056, 25:7070-25:7074
-Contents of application, 25:7070
-Evaluation criteria. 25:7076-25:7078.3
— Capacity to administer grants. 25:7078.5
— Leverage to attract local resources. 25:7078.6
—Need for program, 25:7078.3
--Poverty index. 25:7078.1
--Prior performance. 25:7078.4
— Ranking of applications. 25:7076
—State objectives. 25:7078.7
--Targeted income group benefits. 25:7078.2
-Preliminary review, 25:7074
-Reservations of funds, 25:7062.1
-Section 108 (42 U.S.C. Sec. 5308) loan guaran-
tees. 25:7062.3
-Submission of application. 25:7072
Architectural Barriers Act, applicability. 25:7090
Audits, 25:7122
Award of funds. 25:7076
Bidding, competitive
-Procurement standards, 25:7120
Bonds, security. 25:7100
Cash depositories, 25:7098
Change of program or activity. 25:71 14
Citizen participation, 25:7080
Closeout procedures, 25:71 16
Conflict of interest. 25:7126
-Procurement standards, 25:7120
Continuation of funding, 25:7066
Contractors
-Debarred, suspended or ineligible contractors; u.se
prohibited. 25:7096
-Labor standards, 25:7088
-Procurement standards, 25:7120
Contracts
-Procurement standards, 25:7120
Definitions. 25:7054
Disbursement of funds. 25:71 12
-Lump sum drawdown for property rehabilitation
financing. 25:7124
Discrimination, 25:7084
Economic development allocations, 25:7062.1
Eligible activities
-Economic development, 25:7062.1
Eligible applicants. 25:7056. 25:7060
Emergency amendment or replacement. 25:7065
Emergency disaster assistance. 25:7065.5
Environmental reviews, 25:7082
Federal regulations, applicability, 25:7050
Financial management standards, 25:7106
-Audits, 25:7122
-Bonds, security, 25:7100
-Cash depositories, 25:7098
-Payment requirements, 25:71 12
-Program income, accounting for, 25:7104
-Recordkeeping requirements, 25:7102
-Reporting requirements, 25:7108
Hatch Act'; applicability, 25:7092
Hearings
-Annual statement of objectives, 25:7052
Labor standards, 25:7088
Lead-base paint hazards, applicable regulations.
25:7094
Lump sum! drawdown for property rehabilitation
financing, 25:7124
COMMUNITY DEVELOPMENT BLOCK GRANTS
CALIFORNIA CODE OF REGULATIONS
COMMUNITY DEVELOPMENT BLOCK
GRAUIS -conliiiiicd
Maximum grant amount. 25:7064
Native American Indians, 25:7060, 25:7062.
25:7072
Notice of continuation o( funding, 25:7066
Ohjectives. 25:7052
Section lOS (42 U.S.C. Sec. 5308) special loan
guarantees, 25:7062. .3
Personal propcily management standards, 25:7118
Political activity restrictions, 25:7092
Procurement standards. 25:7120
Program income, accounting for. 25:7104
Program performance, monitoring and leporting.
25:7110
Prohibitions
-Debarred, suspended or ineligible contractors; use
prohibited. 25:7096
-Discriminatory actions, 25:7084
Property management standards, 25:7118
Property rehabilitation financing, lump sum draw-
down, 25:7124
Real property management standards, 25:7118
Recordkeeping requirements, 25:7102, 25:7106
-Procurement records, 25:7120
Relocation plans, 25:7086
Replacement of project or activity, 25:7065
Reporting requirements
-Annual reports, 25:7052
-Financial reports, 25:7108
-Program performance, 25:71 10
Revision of program or activity, 25:71 14
Suspension of grant. 25:7116
Termination of grant, 25:71 16
Wage standards? 25:7088
COMMUNITY DEVELOPMENT DEPARTMENT
Sec HOUSING AND COMMUNITY DEVELOP-
MENT DEPARTMENT
COMMUNITY HOUSING DEVELOPMENT
Family housing demonstration program,
25:8110-2.5:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
COMPLAINTS AND CHARGES
Migrant services office, 25:7630-25:7646
See also MIGRANT HOUSING CENTERS
Relocation assistance, 25:6150-25:6176
See also RELOCATION ASSISTANCE, subhead-
ing: Grievances
Rental housing construction program, 25:7862
Rental housing development programs
-Sponsors. 25:11404
-Tenants. 25:11403
Special occupancy parks
-Investigations. 25:2004.5
-Substandard conditions, 25:2611
CONFIDENTIAL INFORMATION
Manufactured housing
-Home address of registered owner. 25:5549.1
CONFLICT OF INTEREST
Commercial coaches, third-party approval and
enforcement, 25:4872
Co;mmunity development block grants, 25:7126
-Procurement standards, 25:7120
Housing and Community Development Depart-
ment. 25:6500
-Disclosure categories. 25:6500 Appx. B
-Employee designations, 25:6500 Appx. A
Housing Finance Agency, 25:10001. 25:10002
Mobile homes, third-party approval and enforce-
ment, 25:4872
Recreational vehicles, third-party approval and
enforcement, 25:4872
CONGREGATE HOUSING DEVELOPMENT
Family housing demonstration program,
25:8110-25:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
CONSERVATION OF ENERGY
See ENERGY CONSERVATION
CONSTRUCTION
Earthquake protection law, 25:500
Employee housing
See EMPLOYEE HOUSING
Factory-built housing
See FACTORY-BUILT HOUSING
Family housing demonstration proeram,
2.5:8110-25:8142
Fees, employee hou.sing permits. 25:654
Floors
See FLOORS
Housing
-Alternate methods and materials, approval. 25:14
-Applicability of provisions, 25:22
-Compliance. 25:22
-Electrical requirements. 25:28
-Foam building systems. 25:24
-Mechanical requirements. 25:26
-Permits. 25:16
--Fees. 25:20
-Rehabilitation. 25:36
-Repair. 25:36
Housing rehabilitation program, 25:7686
-Owner-occupied housing, requirements. 25:8046
Labor camps
See EMPLOYEE HOUSING
Mobile homes
See MOBILE HOMES
-Parks
See MOBILE HOME PARKS
Multifamilv housing program requirements.
25:7316
Peniiits, employee housing, 25:652
-Fees. 25:654
Plumbing requirements
See PLUMBERS AND PLUMBING
Rental housing construction program,
25:7800-25:7892, 25:8075-25:8103
See also RENTAL HOUSING CONSTRUCTION
PROGRAM
Roofing
See ROOFING
Special occupancv parks
See SPECIAL OCCUPANCY PARKS
CONTINUING EDUCATION
Manufactured housing dealers, 25:5300-25:5368
See also MANUFACTURED HOUSING
CONTRA COSTA COUNTY
Housing programs, income limits, 25:6932
CONTRACTORS
Community development block grant projects
-Debarred, suspended or ineligible contractors; use
prohibited, 25:7096
-Labor standards, 25:7088
-Procurement standards, 25:7120
Migrant services office. 25:7660-25:7665
See also MIGRANT HOUSING CENTERS
CONTRACTS
Commercial coaches, third-party approval and
enforcement, 25:4874
Community development block grant projects
-Procurement standards, 25:7120
Emergency housing and assistance prosram
See EMERGENCY HOUSING AND^ASSIS-
TANCE PROGRAM
Family housing demonstration program, 25:8133
Farmworker housing grant program, 25:7226
Federal emergency shelter erants program, state
recipientsT 25:8412-25:8413
HOME Investment Partnership agreements,
25:8214
Homeownership assistance program, 25:7914
Housing rehabilitation prograin, 25:7690
Mobile homes
-Park resident ownership program, loan acree-
ments. 25:8024
-Third-party approval and enforcement, 25:4874
Mortgage assistance standard agreeinent for
self-help housing program, 25:7564
Recreational vehicles, third-party approval and
enforcement, 25:4874
Rental housing construction program, 25:7822,
25:7852, 25:8096
CONTRACTS-(Y)/)///»/£(/
Rental housing construction program-* y'/;////««/
-CHFA developments, 25:7882
Technical assistance standard agreement, execution
for self-help housing program. 25:7554
CONVEYANCES
Farmworker housing grant program, conveyance
for home ownership. 25:7228
COOKING APPLIANCES
Commercial coaches
.SV(' COMMERCIAL COACHES
Employee housing
See EMPLOYEE HOUSING
COOPERATIVE HOUSING
Farmworker housing grants, 25:7208, 25:7234
Self-help housing program, inoilsaee assistance.
25:7576
CORPORATIONS
Enterprise zones
See ENTERPRISE ZONES
CORRESPONDENCE COURSES AND
SCHOOLS
Manufactured housing dealers, continuing educa-
tion, 25:5312
COST SHARING
See GRANTS
COUNTIES
See also LOCAL AGENCIES
Community development block grants,
25:7050-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Real property, sale. 25:6910
Targeted tax area program, 25:8448-25:8448.15
See also TARGETED TAX AREA PROGRAM
CRANSTON-GONZALEZ NATIONAL AFFORD-
ABLE HOUSING ACT
See LOW-INCOME HOUSING
CROPS
Housing for workers
See AGRICULTURE
D
DAIRIES
Labor camps, 25:634
DEEDS
Self-help housing program development assistance,
deed to secure note, 25:7584
DEFAULT
CalHome program loans, 25:7756
Family housing demonstration program, 25:8136
Mobile home park resident ownership program
loans. 25:8032
Rental housing construction program, 25:8099
Special user housing rehabilitation program,
25:7472
DEFERRED PAYMENT LOANS
Rehabilitation loans, 25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
DEFERRED PAYMENT REHABILITATION
LOANS, 25:7400-25:7438
DEFINITIONS
Aliens
-Housing, public benefit restrictions, 25:12002
CalHome program, 25:7716
Child care facilities financing program. 25:8251
Commercial coaches
See COMMERCIAL COACHES
Community development block grants, 25:7054
Emergency housing and assistance program,
25:79.50
TITLE 23 INDEX
EMPLOYEE HOUSING
DEFINITIONS <v^/;/»/;/(y/
Kmploycc housiiiii. 25:610
Hnlci-piisc /oncs.^25:843l. 25:8439
-Vouchers. 25:8461
hactory4-»iiilt housing. 25:.3()1()
Family housing clcnionsiiation program. 25:81 11
Farmworker housing grant program. 25:7202
Federal emergency shelter grants program. 25:8401
Homeownership assistance program. 25:7902
Housing predcveiopntent loans, 25:7002
Housing rehahiliialion program. 25:7402. 25 7671
-Owner-occupied housing. 25:804!
Labor camps. 25:610
Lovv-inct)me housing
Sir LOW-INCOMF HOUSING
Manufactured housing
Sec MANUFACTLIRFI) HOUSING
Migrant services ofhcc, 25:7602
Mobile home parks. 25:1002
-Resident ownership program, 25:8002
Mobile homes
Sec MOBILH HOMES
Multit'amily housing program. 25:7.301
-Suppoiiive housing loans, 25:7341
Relocation assistance. 25:6008
-Advisory program. 25:6032
Rental housing construction program. 25:7802.
25:8076
Rental housing development programs. 25:1 1002
Rural dwellings, limited density owner-built. 25:78
ScH-help housing program. 25:7532
Special occupancy parks. 25:2002
Special user housing rehabilitation program.
25:7452
Targeted tax area program, 25:8448
DEL NORTE COUNTY
Housing programs, income limits. 25:6932
DEMOLITION
Mullilamily housing program restrictions. 25:8302
Relocation assistance. 25:6036
DEMONSTRATION HOUSING REHABILITATION
PROGRAM
See FAMILY HOUSING DEMONSTRATION
PROGRAM
DE NOVO PROCEEDINGS
Migrant housing centers, grievance procedure.
^25:7641
DISASTERS
Community development block grams, emergency
assistance. 25:7065.5
Emergency housing and assistance program
Sec EMERGENCY HOUSING AND'^ASSIS-
TANCE PROGRAM
Manufactured housing registration, tax relieL
25:.5623
DISCIPLINARY ACTIONS
Manufactured housing licensees, 25:5073
DISCLOSURE OF INFORMATION
Sec ACCESS TO INFORMATION
DISCRIMINATION
Community development block grant projects,
25:7084
Farmworker housing grant program. 25:7208
Housing discrimination
See HOUSING DISCRIMINATION
Rental housing development programs, equal
opportunity, 25:11201, 25:11202
DISPLACED PERSONS
,SV<' RELOCATION ASSISTANCE
DISTRESSED AREAS
Targeted tax area program. 25:8448-25:8448.15
See also TARGETED TAX AREA PROGRAM
DOGS
Mobile home park restrictions, 25:1 114
Special occupancy park restrictions. 25:2114
DOORS AND DOORWAYS
See EXITS
DRAINAGE CONTROL
Employee housing or labor camps, 25:700
DWELLINGS
See HOUSING
E
EARTHQUAKES
CotTimercial coaches structural requirements,
25:4358.3
Earthquake protection law. 25:500
Family housing demonstration program
-SeistTiic rehabilitation improvements. 25:8129
Housing
-Elarthquake protection law. 25:500
-Rehabilitation program, 25:7675
Mobile homes, bracing
See MOBILE HOMES, subheading: Earth-
quake-resistant bracing
EDUCATION
Manufactured housing dealers and salespersons,
education requirements
See MANUFACTURED HOUSING
EIRS
See ENVIRONMENTAL IMPACT REPORTS
ELDERLY PERSONS
Housing rehabilitation loans, deferred-payment,
25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
EL DORADO COUNTY
Housing programs, income limits, 25:6932
ELECTRICITY
Commercial coaches. 25:4380-25:4409
See also COMMERCIAL COACHES
Employee housing or labor camps, 25:850-25:896
See also EMPLOYEE HOUSING
Household appliances
See ocnemlly APPLIANCES, HOUSEHOLD
Housing construction requirements, 25:28
Mobile homes, 25:1 130-25:1 190
See also MOBILE HOMES
Recreational vehicles, 25:4600-25:4626
See also RECREATIONAL VEHICLES
Rural dwellings, limited density owner-built,
25:130
Special occupancv parks, 25:2130-25:2190
See also SPECIAL OCCUPANCY PARKS
EMERGENCY HOUSING AND ASSISTANCE
PROGRAM, 25:7950-25:7976
Administration, 25:7951
-Designated local boards, 25:7952
--Application process for designation, 25:7953
--Confirmation process, 25:7969
--Evaluations, 25:7976
— Monitoring of grant activities. 25:7975
-Distribution of funds. 25:7974
Aliens, eligibility, 25:6935-25:6939.4
Appeals
-Grant selection process, 25:7968
Application procedure, 25:7951
-Ehgibility, 25:7960
Budget changes. 25:7973
Capital development grants, 25:7966
-Procurement contracts, 25:7971
Construction requirements, 25:7972
Contracts
-Capital development grants, 25:7971
-Grantee requirements. 25:7970
-Regional, 25:7952
Conversion requirements, 25:7972
Definitions, 25:79.50
Eligibility, 25:7959
Emergency shelter strategy, local. 25:7955
-Departmental approval. 25:7956
Funding
EMERGENCY HOUSING AND ASSISTANCE
PROGRAM-(Y)»/////«v/
Funding-(i''/(/;/;;/r(/
-Distribution of. 25:7955. 25:7957. 25:7974
-Eligible activities. 25:7961-25:7962
-Notice of availability. 25:7951. 25:7958
Grants
-Capital development. 25:7966
— Procurement contracts, 25:7971
-Closing out. 25:7975
-Eligibility. 25:79.59
-Operating facilities. 25:7963
-Regionak 25:7952
— Application process. 25:7955
-Selection process. 25:7967
--Appeals. 25:7968
— Contirmation. 25:7969
Operating facilities
-Grants. ^25:7963
Rehabilitation requirements. 25:7972
Residential rental assistance, 25:7964-25:7965
Responsible technical entity, 25:7954
Vouchers
-Leasing or renting rooms with. 25:7965
EMERGENCY SHELTERS
Emergencv housing and assistance program.
2.5:7950-25:7976
-Local strategy, 25:7955
EMINENT DOMAIN
Access to information. 25:6195
Appraisals. 25:6182
Coercive actions. 25:6182
Community development block grant projects.
25:7086
Compensation, determination. 25:6182
Expenses, incidental, 25:6192
Negotiations, 25:6182
Nonpossessory interest exception, 25:6198
Notice, 25:6182, 25:6184. 25:6188. 25:6190
-Service. 25:6196
Offer of acquisition. 25:6182
Procedures, 25:6182
Public information. 25:6195
Purpose of provisions, 25:6180
Reasonable efforts, 25:6182
Relocation assistance
See RELOCATION ASSISTANCE
Remainders, acquisition. 25:6182
Rental, short term. 25:6194
Rights of property owner. 25:6182
Short term rental. 25:6194
Timely offer. 25:6186
EMPLOYEE HOUSING, 25:600-25:940
See also f-ARMWORKER HOUSING GRANTS;
MIGRANT HOUSING CENTERS
Actions. 25:920
Air conditioning systems
-Existing systems, 25:802
-Maintenance of system, 25:804, 25:824
Aliens, qualification for public benefits,
25:5802-25:5818
Appeals, 25:928
-Hearings. 25:930
Applicability of provisions. 25:600
Bathing facilities. 25:760-25:766
-Identihcation, 25:762
-Lavatories, 25:766
-Lighting, 25:874-25:880
-Separations, 25:764
Bedding, 25:732
Clothes washing machines. 25:768
Commercial coaches, 25:900-25:908
See also Mobile homes, this heading
Community housing, 25:708
Community kitchens, 25:736
Complaints
-Eihng. 25:623
Compliance, 25:638
Conditional permits, 25:650
Construction
-Alternate approval, 25:653
-Permits, 25:652
—Fees, 25:6.54
8
EMPLOYEE HOUSING
CALIFORNIA CODE OF REGULATIONS
EMPLOYEE HODSmG-c ami mud
ConsirucUon-coiitiinu'd
-Requirements, 25:652
-Showers, 25:655
Cooking appliances
See also i^enerullv Kitchens, this heading
-Cleaning! 25:830'
-Lighting, 25:882
-Prohibited use. 25:822
-Vents. 25:832
Cooling systems
See Air conditioning systems, this heading
Definitions, 25:610
Drainage. 25:700
.S('(' also Sewage systems, this heading
Drinking water, 25:772
Electrical systems. 25:850-25:896
-Cables, 25:886, 25:888
-Conductors on poles, 25:864
-Extension cords, 25:894
-Grounded convenience outlet for appliances,
25:870
-(Grounding cord-connected equipment, 25:868
-Grounding fixed equipment, 25:866
-Outlet boxes, 25:890
—Covers. 25:892
-Outlets, 25:872
-Overcunent protection, 25:858
-Safeguards, 25:852
-Use. 25:850
-Vertical clearances. 25:862
-Weatherproofing, 25:860
-Wiring methods\ 25:854, 25:896
Enforcement of provisions, 25:620, 25:621
Exemptions, 25:633
-Dairies, 25:634
-Fleinstatement, 25:932
-Suspension, 25:922
Exits, 25:722
Fiu-mworker housing grants
See FARMWORKER HOUSING GRANTS
Fees
-Permits, 25:637
-Technical services, 25:645
Fire extinguishers, 25:744
Fire hazards, 25:746
-l^iquefied petroleum gas tanks, 25:806-25:816
Floors, 25:724
Hearings, 25:920
-Appeals, 25:930
Heating, 25:800-25:838
-Cleaning appliances, 25:830, 25:836
-Clearances, 25:826
-Compartments for appliances, 25:836
-Existing systems, 25:802, 25:818
- -Clearances, 25:826
-Flooring, protection. 25:826
-Fuel use, 25:818
-Liquefied petroleum gas tanks, 25:806-25:816
-Maintenance of system, 25:804, 25:824
--Compartments, 25:836
-Prohibited appliances, 25:822
-Securing appliances, 25:838
-Shut-off valves, 25:828
-Un vented heaters, 25:820
-Vents, 25:832
-Water heaters, relief valves, 25:834
Identification, 25:712
Insect screening, 25:728
Inspections, 25:640
-Reinspection fees, 25:644
Kitchens, 25:734, 25:736-25:742
-Communitv kitchens, 25:736
-Defined. 25:610
-Maintenance, 25:740
-Mess hall kitchens, 25:738
-Waste disposal, 25:742
Lavatories, 25:766
Lighting, 25:874-25:884
-Bathroom, 25:874-25:880
-Pullchain switch, 25:884
-Range hood, 25:882
Liquefied petroleum gas tanks, 25:806-25:816
-Connectors, 25:814
EMPLOYEE HOUS\NG-coniinued
Liquelied petroleum gas [imks-coiitiiiued
-Location. 25:806
-Outlets. 25:816
-Protection. 25:808
-Suppons. 25:812
-Waming signs. 25:810
Livestock. 25:702
Local enforcement. 25:621
Location, 25:704
Maintenance, 25:704. 25:710
Mechanical systems. 25:800-25:816
-Existing systems, 25:802
-Liquefied petroleum gas tanks. 25:806-25:816
-Maintenance. 25:804^25:824
Mess halls. 25:734. 25:736-25:742
-Kitchen, defined. 25:610
-Kitchens. 25:738
-Maintenance. 25:740
-Waste disposal. 25:742
Mobile homes, 25:900-25:908
-Alteration. 25:908
-Applicability of regulations, 25:900
-Conversion. 25:908
-Insignia. 25:904
-Installation requirements. 25:902
-Labels. 25:904
-Maintenance. 25:908
Multiple year permits. 25:648
Noncompliance. 25:642
Notice, 25:924
-Authority to serve, 25:923. 25:926
-Language, 25:624
-Posting? 25:625
Occupant's responsibility, 25:628
Penalties, 25:940
Permits. 25:626
-Applications, 25:631
— Approval, 25:641
— Disapproval, 25:641
—Review. 25:641
-Conditional, 25:650
-Fees. 25:637
-Multiple year-, 25:648
-Reinstatement. 25:932
-Renewal prohibited, 25:636
-Suspension. 25:922
Plumbing, 25:756-25:792
-Back siphonage. 25:774
-Bathing facilities. 25:760-25:766
-Clothes washing machines. 25:768
-Lavatories, 25:766
-Maintenance. 25:758
-Safeguards, 25:758
-Sewage systems. 25:784-25:792
-Toilet^ facilities, 25:760-25:766
-Washing machines, 25:768
-Water supply. 25:770-25:774
Proceedings, 25:920
Recreational vehicles, 25:900-25:908
See also Mobile homes, this heading
Refrigeration systems
See generally Mechanical systems, this heading
Responsible person's address, 25:627
Scope of provisions, 25:600
Sewage systems, 25:784-25:792
-Coverage. 25:784
-Drain connections, 25:792
-Drain inlet cap, 25:790
-Traps, maintenance, 25:788
-Underground septic tanks, 25:786
-Vents, maintenance, 25:788
Sleeping rooms, 25:730
Technical services
-Fees, 25:645
Tent campers, 25:900-25:908
See also Mobile homes, this heading
Tents. 25:900, 25:910
Toilet facilities, 25:760-25:766
-Identification, 25:762
-Lavatories, 25:766
-Lighting. 25:874-25:880
-Separations, 25:764
Underground septic tanks, 25:786
EMPLOYEE HOUSING (Y)/;/m«(Y/
Unvented healers, 25:820
Ventilating systems
See Mechanical systems, this heading
Washing machines, 25:768
Waste disposal. 25:742
Water heaters, relief valves, 25:834
Water supply. 25:770-25:774
-Back siphonage, 25:774
-Drinking water, 25:772
-Maintenance. 25:770
EMPLOYEES AND EMPLOYERS
Affirmative action
See AFFIRMATIVE ACTION PROGRAMS
Housing
See EMPLOYEE HOUSING
EMPLOYMENT DISCRIMINATION
See also generally DISCRIMINATION
Rental housing development programs, equal
opportunity, 25:1 1201. 25: 11 202
ENCUMBRANCES
Family housing demonstration program projects,
25:8135
Housing rehabilitation program
-Restrictions, 25:7692
Rental housing construction program, 25:8098
ENERGY CONSERVATION
Cominercial coaches, 25:4407
-Construction requirements, 25:4369.5
Mobile home construction requirements, 25:4049.3
Mobile home parks
-Permanent buildings, 25:1388
Special occupancy parks
-Permanent buildings, 25:2388
ENGINE EXHAUST SYSTEMS
Recreational vehicles, insulation, 25:4560
ENTERPRISE ZONES
Application for designation
-Addenda, 25:8442.9
-Changes in, 25:8439.4
-Copies, 25:8442.4
-Dates. 25:8439.3
-Deadlines, 25:8442.3
-Decision, notice, 25:8442.11
-Description, 25:8442.6
-Documents required, 25:8442.1
-Evaluation, 25:8442.7
-Final applicants, 25:8442.10
-Final applications, 25:8443-25:8443.9
— Additional informational requirements.
25:8443.3
— Agency review, 25:8443.6
— Applicant name, 25:8443.4
— Contact person, 25:8443.4
—Copies. 25:8443.4
—Deadline. 25:8443.5
— Economic development plan, final. 25:8443.2
— Evaluation of final economic development plan,
25:8443.2
—Handbooks, 25:8439.3, 25:8442.11
— Modification of area boundaries, 25:8443.1
— Requirements, 25:8443
-Handbooks, 25:8439.3
—Final application, 25:8442.11
-Information required, 25:8442.1
-Initial studies, 25:8449.3
-Invalid. 25:8442.9
-.lurisdiction, 25:8442
-Modification of boundaries in final application,
25:8443.1
-Name of applicant, 25:8442.4
-Notice, 25:8442.2
-Notice of decision, 25:8442.1 1
-Preliminarv economic development plan,
25:8442.7
-Preparation, notice, 25:8449.3
-Principal contact, 25:8442.4
-Redundancy, 25:8449.4
-Resolurion, 25:8442.8
-Review, 25:8442.5
— Preliminary substantive. 25:8444.1
TITLE 25 INDEX
FACTORY-BUILT HOUSING
ENTERPRISE ZONES-<y«;////h<y/
Application lor (.icsignalion-(Y>;;///;H(v/
-\ic\'\cw~(()iiiiini('(l
--Technical. 25:S444
'Scoring. 2.r8444.2
'-List. 2.S:8444..^
--Qualitying. 2.S:8444..^
Conditional designation. 2.^:8445
Hxtension. 2.5:8445.2
'Modilicalion. 2.5:844.5.2
Designation ol areas
-Block groups. 25:8440.1
-Census tracts. 25:8440.2
-Conditional. 23:844.'^.7, 25:8445
-Lxtension. 25:8445.2
-Modification. 25:8445.2
-Criteria. 25:8440
-Detinilions. 25:84.^9
-Distress criteria. 25:8440.2
-HiTective date. 25:8445.1
-Hligibiiitv. 25:8440
--Petitions. 25:8441-25:8441.5
— .SB14.\S /one, 25:8440..^
-Lnumeration districts, 25:8440.2
-Final request. 25:8445..^
-Housing and Community Developmenl. address,
25:84.^9.2
-Petitions. 25:8441-25:8441.5
-Process, 25:84.'^9.1
-Requirements. 25:84.^9. 1
-SB 1438 Zone, 25:8440.3
Ltfeetive date of designation, 25:8445.1
Hnvironinental reviews. 25:8449
-Applicability of CLQA, 25:8449,1
-Draft. 25:8449.5
-Final. 25:8449.6, 25:8449.7
-Lead agency. 25:8449.2
hxpansions
-Approval, 25:8446.2
-Denial. 25:8446.2
-Fifteen percent, 25:8446.1
-Finality of decisions, 25:8447
-Meeting with manager, 25:8447
-Notices, 25:8446.2
-Requests. 25:8446.1
Fees, 25:8430-25:84.34
-Amount of fee. 25:8432
-Definitions, 25:8431
-Noncompliance, 25:8434
-Purpose and scope, 25:8430
-Remittance, 25:8433
Final applications
See Application for designation, this heading
Meeting with manager, expansions, 25:8447
Notices
-Agency decision, 25:8443.8
-Fxpansions, 25:8446.2
Request for final designation, 25:8445.3
Scope of provisions, 25:8446
Selection of hnal applicants for conditional desig-
nation. 25:8443.7
Vouchers, 25:8460-25:8467
-Administration, 25:8463
-Appeals. 25:8467
-Applicability, 25:8460
-Applications, 25:8463-25:8464
-Contents, 25:8464
-Definitions, 25:8461
-Documentation, 25:8466
-Issuance. 25:8465
-Zone manager and staffing, 25:8462
ENVIRONMENTAL IMPACT REPORTS
Housing and community development department,
25:18, 25:6998
-Decision to prepare, 25:6992
—Notice form, 25:6999
Mobile home parks, 25:1030
Special occupancy parks, 25:2030
Targeted tax area program, 25:8448.7
ENVIRONMENTAL PROTECTION
Farmworker housing grants, compliance, 25:7222
ENVIRONMENTAL QUALITY ACT OF CALIFOR-
NIA
Community development block grants, review,
25:7082
Farmworker housing grants, compliance, 25:7222
Housing and conuiiunily developmenl depailmeni,
implementation by. 25:6940-25:6999
See also HOUSING AND COMMUNITY
DEVFLOPMBNT DEPARTMENT
Mobile home parks, compliance. 25:1030
Special occupancy parks, compliance. 25:2030
EQUAL EMPLOYMENT OPPORTUNITY
Rental housing developmenl programs, 25:1 1201.
25:11202"
EQUITY
Rental housing construction program, minimum
requirements, 25:8084
ESCROW
Manufactured housing
-Purchase requirement. 25:5060-25:5064
-Registration requirements. 25:5570-25:5574
ESTATES
Manufactured housing registration, deceased own-
ers or Junior lienholders, 25:5542.1
ETHICS
Conflict of interest
See CONFLICT OF INTEREST
ETHNIC DISCRIMINATION
See oene rally DISCRIMINATION
EVALUATIONS
See INSPECTIONS
EVICTIONS
Emerijency housing and assistance program,
25:7964-25:7965
Migrant housing centers, 25:7642
Relocation assistance, 25:6058
Rental housing construction program, 25:7860
Rental housing developmenl programs, 25:11406
EXCAVATION
Mobile home parks, 25:1045
Special occupancy parks. 25:2045
EXEMPTIONS
See specific topic of regulation
EXITS
Commercial coaches, 25:4376
-Special purpo,se coaches, 25:4528
Employee housing, 25:722
Manufactured homes, 25:4049.3
Mobile homes, 25:4049.3
-Accessory buildings. 25:1429
-Doorways, 25:1368
-Federal regulations (reprinted), 25:4070
-Porches. 25:1496
Recreational vehicles, 25:4049.3
Special occupancy parks
-Accessory structures, 25:2496
-Awnine enclosures, 25:2429
F
FACTORY-BUILT HOUSING
Aliens, qualification for public benefits,
25:5802-25:5818
Alternates, 25:3071
Appeals, 25:3056
Applicability of provisions, 25:3000, 25:4049.50
Applications
-Design approval agency certification, 25:3022.1
--Receipt and review, 25:3022.2
-Insignia of approval, 25:3040
-Plan approval, 25:3024
—Changes. 25:3051
— Model designation requirements, 25:3029
— Nonconformance, 25:3025
— Size requirements, 25:3028
FACTORY-BUILT HOUSING-(y;/////;h(y/
Applications-(Y^«///»/(Y/
-Plan approval-! y'/(//;/»(y/
— Submission requirements, 25:3028
--Withdrawal, 25:3027
Certification
-Design approval agencies. 25:3022.1-25:3022.3
Complaints. 25:.3055
Compliance. 25:.3020. 25:3021
Contracts
-Cancellation. 25:.302().l
-Written, 25:3020.1
Definitions. 25:.3010
Design, 25:3070
Design approval agencies
-Certification
--Applications, 25:3022.1
- — Receipi and review. 25:3022.2
— Expiration. 25:3022.3
--Issuance, 25:3022.3
—Revocation, 25:3022.3
-Repoiling requirements, 25:3022,4
Discontinuance of manufacture, 25:3052
Equipment, 25:3073
Equivalents, 25:3071
Fabrication. 25:3070
Fees. 25:3060
-Insignia of approval
— Rel'und of fees, 25:3042
-Inspection, 25:.3061
Field technical service, 25:3022
Hearings, 25:3056
Identification. 25:3038
Insignia of approval. 25:3039-25:.3045. 25:4049.59
-Applications. 25:3040
-Damaeed, 25:.3045
-Denial, 25:3043
-Lost, 25:3045
-Refund of fees, 25:3042
-Removal. 25:3044
-Reporting requirements, 25:3041
Inspections. 25:3032
-Fees, 25:3061
-Local agencies, 25:3036, 25:3037
Installation
-Enforcement, 25:3080
-Modification, 25:3082
-Plans, 25:3081
Load-carrying capacity
-Calculation.s, 25:3072
-Tests, 25:3072
Manufacturing compliance, 25:3020. 25:3021
Mobile home parks, installation in, 25:1019
Modifications during installation, 25:3082
New concepts, 25:. 3071
Plan approval, 25:3023. 25:4049,53
-Amendments, 25:3049
-Applications, 25:3024
—Changes. 25:3051
—Model designation requirements. 25:3029
— Nonconformance, 25:3025
— Size requirements, 25:3028
— Submission requirements, 25:3028
—Withdrawal, 25:.3027
-Changes, 25:3047
— Applications, 25:3051
-Existing, 25:3049
-Expiration, 25:3048
-Nonconformance
— Applications, 25:3025
-Revisions, 25:3049
-Revocation, 25:3050
Prototypes, 25:.3053
Quahtv control
-Approval, 25:3031
—Manuals. 25:3046
— -Changes to, 25:3047
-Certification, 25:3034
-Information provided, 25:3034
-Inspectors, 25:3035
— Reporting requirements, 25:3035.1
-Manuals, 25:3031
— Approval, 25:3046
Chanaes to, 25:3047
10
FACTORY-BUILT HOUSING
CALIFORNIA CODE OF REGULATIONS
FACTORY-BUILT HOUSING-a)»//»HtYy
Quality control~(Y)/;///;t/(Y/
— Contents, 25:3033
— Format. 25:3033
-Repotting requiiements. 25:3034.1
Reciprocity, 25:3054
Repotting requirements
-Design approval agencies. 25:3022.4
-Insignia of approval, 25:3041
-Quality control. 25:30.34.1, 25:3035.1
Scope of provisions, 25:3000, 25:4049.50
Serial numbers. 25:3038
Service, held technical, 25:3022
Systems. 25:3073
Tests
-Load-cairying capacity, 25:3072
FAMILY HOUSING DEMONSTRATION PRO-
GRAM, 25:8110-25:8142
Accounts
-Emergency reserve subaccount, 25:8140
-Feasibility subaccount, 25:8141
Adminislrative expenses, 25:81 19
Agreements, entering into. 25:8133
Aliens, eligibility, 25:6935-25:6939.4
Applications, 25:8130, 25:8131
-Approval, 25:8142
Appraisals, 25:8118
Approval of applications, 25:8142
Budget, 25:8139
Cancellation of loans, 25:8136
Child care centers, 25:8127
Conditions for selection, 25:8132
Construction requirements, 25:8126
Criteria for selection, 25:8132
Defaults, 25:8136
Definitions, 25:8111
Disbursements of loans, 25:8134
Distributions
-Liinits, 25:8123
Earthquakes
-Seismic rehabilitation improvements, 25:8129
Eligibility, 25:8112-25:8114
-Conditions, 25:8132
-Project ehgibility, 25:8112
-Sponsor eligibility, 25:81 13
-Use of funds, 25:8114
Emergency reserve subaccount, 25:8140
Encumbrances, 25:8135
Expenses, administrative. 25:8119
Feasibility subaccount, 25:8141
Inspections, 25:8138
Interest rates, 25:8117
Job training requirements, 25:8128
Legal documents, handhng, 25:8133
Limits on distributions, 25:8123
Loans
-Cancellations, 25:8136
-Disbursements, 25:8134
-Interest rates, 25:8117
-Limits on distributions, 25:8123
-Maximum amounts, 25:8116
-Repayment of loans, 25:8117
-Terms, 25:8115
-Types, 25:8115
Maintenance of project, 25:8137
Management of project, 25:8137
Miirket studies, 25:8118
Maximum amount of loans, 25:8116
Occupancy requirements, 25:8120
Operating budget, 25:8139
Placement programs requirements, 25:8128
Project eligibility, 25:81 12
Pui-pose of provisions, 25:8110
Relocation of project, 25:8125
Rent standards, 25:8122
Repayment of loans, 25:81 17
Reporting requirements, 25:8138
Sales, 25:8135
Scope of provisions, 25:81 10
Seismic rehabihtation improvements, 25:8129
Selection of project, 25:8132
Sponsor eligibility, 25:8113
FAMILY HOUSING DEMONSTRATION PRO-
GRAM-ionliiiiied
Standard agreements, 25:8133
Suppoitive services, 25:8127
Syndication of project. 25:8124
Tenancy requirements, 25:8121
Transfers, 25:8135
Use of funds, 25:8114
FARMS AND FARMING
Farm labor housing
Sec i^eiw rally EMPLOYEE HOUSING
Farmworker housing srants
Sec FARMWORKER HOUSING GRANTS
Migrant housing centers
See MIGRANT HOUSING CENTERS
FARMWORKER HOUSING GRANTS, 25:6910,
25:7200-25:7239
Affirmative action programs, 25:7208
Agreement. 25:7226
Aliens, eligibility, 25:6935-25:6939,4
Applicability of regulations, 25:7200
Application process, 25:7216, 25:7218
-Contents of application, 25:7218
Architectural and engineering aspects, review,
25:7208
Attorney fees, 25:7206
Cancellation of grant, 25:7220
Conveyance of housing development, 25:7228
Cooperative housing corporations receivina,
25:7208
Cooperative housina developments, operation,
25:72.34
Definitions, 25:7202
Disbursement of funds, 25:7232
Discrimination prohibitions, 25:7208
Eligibifity, 25:7204, 25:7206
Environmental cleaiances, 25:7222
Federal assistance, notice of involvement, 25:7224
FmHA loans or giants, notice of involvement,
25:7224
Foreclosures, 25:7226
Funds, use, 25:7212
Grant committee, 25:7214
Liens, 25:7230
Matching share from grantee, 25:7208
Multifamily underwriting and program rules,
25:8.300-25:8316
See also HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT
-Applicability, 25:7239
Purpose of regulations, 25:7200
Rental housing developments
-Multifamily underwriting and program rules,
25:8300-25:8316
See also HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT
— Applicability, 25:7239
-Operation, 25:7234
Repaid funds, disposition, 25:7238
Reporting requirements, 25:7208
Site and design criteria, 25:7210
Termination of grant agreement, 25:7228, 25:7236
FEDERAL AID
Community development block grants
See COMMUNITY DEVELOPMENT BLOCK
GRANTS
Farmworker housing grant program, 25:7224
FEDERAL EMERGENCY SHELTER GRANTS
PROGRAM, 25:8400-25:8434
Allocation of funds, 25:8402
Applicable laws and rules, compliance, 25:8421
Applications, 25:8405
Budget changes, 25:8415
Capital development contracts, 25:8413
Contracts with state recipients, 25:8412-25:8413
Definitions, 25:8401
Disbursement of funds, 25:8416
Funding availability notices, 25:8403
General program requirements, 25:8406
Grant selection process, 25:8411
Homeless prevention, 25:8407
Matching funds, 25:8410
FEDERAL EMERGENCY SHELTER GRANTS
PROGRMA-continued
Monitoring grant activities, 25:8418
Notice of funding availability. 25:8403
Organizations, eligibility. 25:8404
Purpose of rules. 25:8400
Records, 25:8417
Renovation, conversion, and major rehabilitation
grants, 25:8409
-Compliance requirements, 25:8414
-Contracts. 25:8413
Repons, 25:8417
Sanctions. 25:8420
Scope of provisions. 25:8400
Temporary housing vouchers, 25:8408
Use of funds. 25:8406
FEES
Child care
-Direct loans, facilities financing program. 25:8272
Commercial coaches, 25:4044
-Monitoring inspections, 25:4010.5
-Refunds, 25:4038
Enterprise zones, 25:8430-25:8434
Factory-built housing
See FACTORY-BUILT HOUSING
Manufactured housing
-Dealers, 25:5040-2515043
-Distributors, 25:5040-25:.5043
-Manufacturers, 25:5040-25:5043
Mobile homes
See MOBILE HOMES
Multifamily housing programs, developer fees,
25:8312
Recreational vehicles, 25:4044
-Monitoring inspections, 25:4010.5
-Refunds, 25:4038
Rural dwellings, limited density owner-built,
25:120
Special occupancy parks
See SPECIAL OCCUPANCY PARKS
FENCES
Mobile homes, 25:1514
Special occupancy parks, 25:2514
FIELD CROPS
Housing for workers
Sec EMPLOYEE HOUSING; FARMWORKER
HOUSING GRANTS; MIGRANT HOUSING
CENTERS
FINANCIAL INSTITUTIONS DEPARTMENT
Reports by
-Low-income housing, 25:6910
FINANCING
See LOANS
Mortgages
5ce MORTGAGES
FINES
See PENALTIES
FIRE ALARM SYSTEMS AND DEVICES
See also FIRE PREVENTION
Mobile homes
-Federal regulations (reprinted), 25:4070
FIRE EXTINGUISHERS
Apartment houses, requirements, 25:46
Employee housing, 25:744
Hotels and motels, requirements, 25:46
Labor camps, 25:744
Portable
-Apartment houses, requirements, 25:46
-Hotels and motels, requirements, 25:46
Recreational vehicles, 25:4570
FIRE HAZARDS
Employee housing, 25:746
Labor camps, 25:746
FIRE HYDRANTS
Mobile home parks, 25:1310-25:1319
Special occupancy parks, 25:2310-25:2319
FIREPLACES
Commercial coaches, 25:4473
TITLE 23 INDEX
HEATING
FIRE PREVENTION
Ci)iiiiiiL'icial coaches. 25:4372
-Special inirpose coaches. 2.5:4527
-Walls. 25:4.^62.5
Fire exlinuuishers
Sec hIRH HXTINGUI.SHhkS
Maiuiracliired homes. 25:4049. .^
Mobile home parks
Sec MOBILK HOMK PARKS
Mobile homes. 25:4049. .v 25:40.50
- hciieral regiiialions (repiinlcd). 25:4070
Reciealioiial vehicles, tire exiinguishers. 25:4570
Special (xcupanev parks. Iiie saletv
Sec SPHCIAL ()CCL'PANCY PARKS
FIRESTOPPING
romiiiercial coaches. 25:4.Vi2.5
Mobile homes
-Federal ieguiatie)ns (leprinled). 25:4070
FLAMMABLE MATERIALS
Mobile home accessory buildings
-Foam building svsiems. Ilanmiabililv standards.
25:1442 ^
Special occupancy parks
Foani building svsiems. tlanimabilitv standards.
25:2442 ^
FLOATING HOMES
Registration and titling. 25:55I0-25:566H
See also MANUFACTURED HOUSING
FLOOD PLAIN MANAGEMENT
Mobile home mstallations. compliance. 25:1.^^9
FLOORS
Commercial coaches. 25:4.^6.^
-Drilling. 25:436.1.^
-Notching. 25:4.V-).\.i
-Structural requirements. 25:4.^60.2
Employee housing. 25:724
Manulactured homes. 25:4049. .3
Mobile homes. 25:1.^46. 25:4049.3
-Cabanas. 25:1452
Special occupancv parks, aceessorv .structures.
25:2.M6
FOAM BUILDING SYSTEMS
Construction. 25:24
FOAM PLASTIC THERMAL INSULATION
Mobile homes
-Federal regulations (reprinted), 25:4070
FOOD
Commercial coaches, preparation equipment
-Special purpose coaches. 25:4536
FOOD SERVICES
Mess halls in labor camps. 25:7.34-25:742
FORECLOSURE
Farmworker housing grants. 25:7226
Homcowncrship assistance program. 25:7938
Mobile home park resident ownership program.
25:8032
Rental housing construction program. 25:7870
-CHFA developments. 25:7892^
FORMS
Housing abatement actions
-Notice of lien. 25:70
-.Second notice, 25:60
Housing and community development department
-Environmental Quality Act, implementation.
25:6999
Manulactured housing
-Registration
-Irrevocable assignment to department, 25:5547
--Manufacturer certiheate of origin. 25:5560
- -Notice of acknowledgment, 25:5547
-Salespersons, application for change, correction.
or replacement of 90-day cortilicate, 25:5038
Migrant housing centers
-Lease, 25:7623
-Resident's handbook. 25:7624
FOUNDATIONS
Manufactured housing, resistration requirements,
25:5610-25:5614^
Mobile homes
F0UNDATI0NS-(7>»///;»rt/
Mobile honies-(V)/;/;/;/(('(7
-Awnings. 25:1472
-Installation. 25:1333
-Registration reciuirements. 25:5610-25:5614
Special oecupancy parks
-Awnings. 25:2472
-Installation. 25:2333
FRAUD
Connnereial coaches, mobile homes, and recre-
ational vehicles, third-party approval and
enforcement. 25:4872
FREEWAYS
Housing relocation assistance
See RELOCATION ASSISTANCE
FRESNO COUNTY
Housing programs, income limits. 25:6932
FUEL GAS
Mobile homes
See MOBILE HOMES
Special occupancv parks
See SPECIAL {)CCU FANCY PARKS
FUEL OIL TANKS
Mobile home parks. 25:1234
FUNDS
Coniniunitv development block grants.
25:7056-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Defened payment rehabilitation loans.
25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
Emergency housing and assistance program,
2.5:7950-25:7976
See also EMERGENCY HOUSING AND ASSIS-
TANCE PROGRAM
Family housing demonstration program,
25:8110-25:8142
Farmworker housing grants, 25:7200-25:7239
.SV(^ also FARMWORKER HOUSING GRANTS
Homeownership assistance program,
25:7900-25:7938
Housing predevelopment loans. 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Housing rehabilitation program
See ^eneralh- HOUSING REHABILITATION
PROGRAM
Mobile home park resident ownership program.
25:8000-25:8032
Predevelopment loan fund, 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Rental housing construction program,
25:7800-25:7892, 25:8075-25:8103
Rural predevelopment loans, 25:7000-25:7018
.SV^' also HOUSING PREDEVELOPMENT
LOANS
Special user housing rehabilitation program,
25:74.50-25:7480
See also HOUSING REHABILITATION PRO-
GRAM
Urban housing predevelopment loans,
25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
G
GARAGES
Mobile homes with, 25:1443
Special occupancy parks, 25:2443
GARBAGE
See WASTE DISPOSAL
GAS
Liquefied petroleum gas
See LIQUEFIED PETROLEUM GAS
GAS PIPING SYSTEMS
Commercial coaches
See COMMERCIAL COACHES
Mobile homes
See MOBILE HOMES
Special occupancv parks
See SPECIAL ()CCUPANCY PARKS, subhead
ing: Fuel gas systems
GENERAL CONTRACTORS
.S('(' CONTRACTORS
GLASS
Commercial coaches. 25:4371
-Special purpose coaches. 25:4531
GLAZING
Commercial coaches. 25:4371
GLENN COUNTY
Housing programs, income limits. 25:6932
GRADING OF LAND
Mobile home parks, 25:1045
Special occupancy parks. 25:2045
GRANTS
Aliens, eligibililv for housing assistance programs.
25:69.35-25:6939.4
Communitv development block grants.
25:7050-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Emercenev housing and assistance program.
25:79.50-25:7976
Farmworker housing grants, 25:7200-25:7239
See also FARMWORKER HOUSING GRANTS
HOME Investment Pannership Act program
See HOME INVESTMENT PARTNERSHIP ACT
PROGRAM
Homeownership assistance program,
25:7900-25:7938
Rental housin*: construction program.
25:7800-25:7892, 25:8075-25:8103
Self-help housing program
-Mortgage assistance, 25:7560-25:7584
-Technical assistance grants, 25:75.50-25:7556
GRIEVANCES
Migrant housing centers, 25:7630-25:7646
See also MIGRANT HOUSING CENTERS, sub-
heading: Complaints and grievances
Multifamily housing program procedures, 25:8307
Relocation assistance
See RELOCATION ASSISTANCE
GROUP HOMES
Rental housing construction program.
25:8075-25:8103
.SV(' also RENTAL HOUSING CONSTRUCTION
PROGRAM
GUARDRAILS
Mobile home porches. 25:1502
Special occupancy park structure porches. 25:2502
H
HANDICAPPED PERSONS
Commercial coaches construction requirements.
25:4379
HANDRAILS
Stairways
-Mobile homes, 25:1504
-Special occupancy parks. 25:2504
HATCH ACT
Community development block grants, applicabilitv
to. 25:7092
HEATING
Apanmenis, 25:34
HEATING
CALIFOFWIA CODE OF REGULATIONS
HE/!<T\NG-c()iiiliHicd
Comineicial coaches
Sec COMMHRCIAL COACHES
HmploYOc housing, 23:818-25:838
See also EMPLOYEH HOUSING
Hotels and motels, health and safety requirements.
23:34
Housing standards, 25:34
Manufactured homes. 25:4049.3
Mobile homes
See MOBILE HOMES
HIGHWAYS AND ROADS
Housing relocation assistance
See RELOCATION ASSISTANCE
Mobile home park roadways, 25:1106
-Grading. 25:1 1 16
Special occupancy park roadways, 25:2106
-Grading. 25:2116
HOME INVESTMENT PARTNERSHIP ACT PRO-
GRAM, 25:8200-25:8218
Affordability requirements. 25:8208
Allocation by type of activity, 25:8212.1
Amount of assistance. 25:8207
Application for, 25:8210-25:8213
-Evaluation, 25:8212
-Procedures, 25:8210
-Requirements. 25:821 1
-Selection criteria, 25:8212
Award of funds, 25:8213
Cancellation and termination of funds, 25:8218
Community Housing Development Organization
(CHDO) certitication, 25:8204.1
Conditional reservation of funds, 25:8213
Contract requirements, 25:8214
Deadlines, 25:8217
Deep targeting funds. 25:8212.3
DeHnitions, 25:8201
Disbursement of funds, 25:8215
Eligibility. 25:8204
Homebuyer education requirements, 25:8207.1
Investment proceeds, use of, 25:8206.1
Legal documents. 25:8214
Matching contributions, 25:8206
Maximum HOME assistance, 25:8207
Program income, 25:8206.1
Project deadlines, 25:8217
Project setup. 25:8215
Purpose of regulations. 25:8200
Recaptured funds, 25:8206.1
Recordkeeping requirements, 25:8216
Repayment of HOME funds, 25:8206.1
Reporting requirements, 25:8216
Rural communities, 25:8212.1
Scope of regulations, 25:8200
Tenant-based rental assistance, 25:8209
Uniform multifamily underwriting and proeram
rules, 25:8212.2, 25:8300-25:8316
See also HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT
Use of funds, 25:8205
HOMELESS HOUSEHOLDS
Shelters
See EMEiRGENCY HOUSING AND ASSIS-
TANCE PROGRAM
HOMEOWNERSHIP ASSISTANCE PROGRAM,
25:6910,25:7900-25:7938
Affirmative marketing plan, 25:7934
Agreements, 25:7914
Aliens, eligibility. 25:6935-25:6939.4
Amount, determination, 25:7924
Appeals, 25:7922
Applications, 25:7916-25:7922
-Appeals, 25:7922
-Committee review, 25:7920
-Contents. 25:7916
-Review
— Committee review. 25:7920
--Staff review, 25:7918
-Staff review, 25:7918
Authority of provisions, 25:7900
Certification, 25:7910
Contents, 25:7912
HOMEOWNERSHIP ASSISTANCE PRO-
Gf\^M-ciiiitiiuieil
Contracts, 25:7914
Definitions, 25:7902
Eligibility. 25:7904. 25:7906
-Recenihcalion. 25:7936
Fair market value, determination. 25:7930
Korcclosures. 25:7938
Improvements, approval. 25:7926
Marketing
-Affirmative marketinu plan. 25:7934
Need. 25:7908
Partial repayments. 25:7928
Purchase prices, maximum. 25:7932
Repayments, partial. 25:7928
Scope of provisions. 25:7900
HOMES
See HOUSING
HOTELS AND MOTELS
See also i^eiterallx HOUSING
Abatement of nuisances. 25:48-25:70
Bedding, health and safety requirements. 25:40
Fire extinguishers, portable. 2.5:46
Garbage receptacles, health and safety require-
ments. 25:38
Heating, health and safety requirements. 25:.34
.lanitors. 25:42
Nuisances, abatement. 25:48-25:70
Owners' names and addresses to be posted. 25:42
Plumbing, 25;.W
Residential hotels
-Rental housinc construction proarain,
25:8075-2^5:8103
See also RENTAL HOUSING CONSTRUC-
TION PROGRAM
HOTPLATES
Housing safety requirements, 25:44
HOUSEBOATS
Floatino homes, reeistration and titline.
25:55 10-25:.S668
See also MANUFACTURED HOUSING
HOUSEHOLD APPLIANCES
See APPLIANCES. HOUSEHOLD
HOUSE TRAILERS
See MOBILE HOMES
HOUSING
Abatement actions. 25:48-25:70
See also ABATEMENT
-Access for inspection and repair. 25:48
-Enforcement agency instituting. 25:50
-Hearings, 25:62
-Jurisdiction, 25:66
-Notice
--Lien. 25:70
— Manner of giving. 25:58
--Nuisances. 25:54
—Second. 25:60
-Procedures. 25:52
-Revolving fund. 25:.56
-Sale of materials, 25:68
-Statement of expenses, 25:70
-Time, 25:64
Access, 25:48
Alternate construction methods and materials.
approval. 25:14
Appeals
See APPEALS
Appliances
See APPLIANCES. HOUSEHOLD
Applicability of provisions. 25:1
-Existing buildings. 25:32
-Housing Code, incorporated by reference. 25:32
Bedding
See BEDDING
CalHome program, 25:7715-25:7756
See also CALHOME PROGRAM
Caretakers. 25:42
Commercial coaches
See COMMERCIAL COACHES
Community development block grants.
25:7050-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
HOUS\UG-coiitinue(l
Construction
See generally CONSTRUCTION
Costs
-Revolving fund, 25:56
Deferred payment rehabilitation loans,
25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
Definitions. 25:4
-Employee housing. 25:610
-Low-income housing. 25:6912-25:6930
Discrimination
See HOUSING Dl.SCRIMlNATION
Earthquake protection law, 25:500
Electrical systems
See ELECTRICITY
Emergency housinti and assistance program.
25:7950-25:7976
See also EMERGENCY HOUSING AND ASSIS-
TANCE PROGRAM
Employee housing. 25:600-25:940
See also EMPLOYEE HOUSING
Enforcement. 25:10
Environmental impact reports. 25:18
Existing buildings. 25:32-25:46
Exits
See f^enerally EXITS
Factory-built housing
See FACTORY-BUILT HOUSING
Family housing demonstration proeram.
25:8110-25:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
Farmworker housing grants, 25:7200-25:7239
See also FARMWORKER HOUSING GRANTS
Fees
See FEES
Fire and panic safety
See FIRE PREVENTION
Floors
See FLOORS
Garbage receptacles. 25:38
Hearings
-Abatement actions. 25:62
Heating
See HEATING
HOME Investment Partnership Act program
See HOME INVESTMENT PARTNERSHIP ACT
PROGRAM
Homeownership assistance proaram.
25:7900-25:7938
See also HOMEOWNERSHIP ASSISTANCE
PROGRAM
Hotplates. 25:44
Hot water temperature, 25:32
Housing and community development department
See HOUSING AND COMMUNITY DEVELOP-
MENT DEPARTMENT
Housing Code, incorporated by reference, 25:32
Housing finance agency
See HOUSING FINANCE AGENCY
Housing rehabilitation program, 25:7670-25:7697
See also HOUSING REHABILITATION PRO-
GRAM
Inspections
See generally INSPECTIONS
Jurisdiction
-Abatements, 25:66
Kitchens
See KITCHENS
Labor camps
See EMPLOYEE HOUSING
Loan insurance by Housing Finance Asencv,
25:19001
Local regulations, 25:6
Low-income housing
See LOW-INCOME HOUSING
Maintenance of employee housing, 25:704, 25:710
Manufactured homes
See MOBILE HOMES
Materials
-Sale, 25:68
Migrant housing centers
See MIGRANT HOUSING CENTERS
1 ITLE 25 INDEX
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
HOliSmG( oiitiimal
Mining claims, icinporarv housing. 2,S:8
Mobile home paik resident ownership program,
25:X()(H)-2.^:S().'^2
Sec also MOBILK HOMH PARK RhSIDKNT
OWNHRSHIH PROGRAM
Mohiie homes
See MOHILh HOMhS
Muhilaniilv housing program. 25:1M)0-25J?M^
Sec also MULTII-AMILY HOU.SING PRO-
GRAM
Notice
Sec NOTICH
Niusances
-Abatement. 2.S:4S-2.^:7()
Sec also ABATKMHNT
-Notice. 2.VS4
Penahics
See PFNALTIH.S
Permits
Sec PHRMITS
Pkmihing
See PLUMBERS AND PLUMBING
Predevelopntent loans. 2,S:7()00-2.S:7()1S
Sec also HOU.SING PREDHVELOPMENT
LOANS
Ra/ed. sale ol materials. 2.S:6K
Rccieational vehicles
Sec RhCREATlONAL VHHICLES
Rehabilitation. 2.S:.^6. 2.S:7670-25:76y7
Sec also HOUSING REHABILITATION PRO-
GRAM
Relocatit)n assistance
Sec RELOCATION ASSISTANCE
Removal
-Sale of materials. 2.i:6S
Rent
See RENT
Rental housing construction program.
25:7X00-25:7892. 2.5:X075-25:SI()3
See also RENTAL HOUSING CONSTRUCTION
PROGRAM
Rental housing development program.
2.5:11001-25:11.505
See also RENTAL HOUSING DEVELOPMENT
PROGRAMS
Repair. 25:36
Residential rental assistance
-Emergency housing and assistance program.
25:7y64-25:7%5
Revolving fund
-Costs, 25:56
Pooling
See POOLING
Rural predevelopment loans, 25:7000-25:7018
See also HOUSING PRHDEVELOPMKNT
LOANS
Scope of provisions, 25: 1
Sell-help housing program. 25:7530-25:7584
See also SELF-HELP HOUSING PROGRAM
Special user housing rehabilitation program,
25:7450-25:7480
Sec also HOUSING RHHABILITATION PRO-
GRAM
Statement of expenses. 25:70
Temporary housing
-Mining claims, 25:8
-Relocation assistance, 25:6044
Urban housing predevelopment loans,
25:70()()-25:7()l8
,SV(' also HOUSING PREDEVELOPMENT
LOANS
HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT
Address of department, 25:8439.2
Aliens, qualification for public benefits,
25:5802-25:5818
-Appeals, 25:5818
— Housing assistance, 25:6939.4
-Applicability of provisions, 25:5804
--Housing assi.stance. 25:6935.2
-Definitions, 25:5806
— Housini! assistance, 25:6935.4
HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT-c, v;///;//(y/
Aliens, c|ualitication for public benelits-(r«//;/;/^rt/
-Eligibility requirements, 25:5810
— Loans and grants. 25:6937, 25:6937.2
-Homeownership assistance, eligibility. 25:6937.2.
25:6937.4
-Method ot determining. 25:5816
--Housing assistance. 25:6939.2
-Nondiscrimination, 25:5808
--Housing assistance. 25:6935.6
-Period of effect of beneht. 25:5812
-Purpose ()( provisions. 25:5802
--Housing assistance. 25:6935
-Rental assistance, eligibility. 25:6937.2. 25:6937.4
-Responsibility for determination. 25:5814
--Housing assistance. 25:6939
-Statutory authority. 25:5802
--Housing assistance. 25:6935
-Time of eligibility determination. 25:5812
--Housing assistance, 25:6937.4
CalHome program. 25:7715-25:7756
See also CALHOME PROGRAM
Child care facilities hnancing program,
25:82.50-25:8273
See also CHILD CARE FACILITIES FINANC-
ING PROGRAM
Communitv development block grants,
25:7().5()-25:7i26
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Conflict of interest. 25:6500
-Disclosure categories, 25:6500 Appx. B
-Employee designations. 25:6500 Appx. A
r^eferred-pavnient rehabilitation loans,
25;74()()-25:743X
See also HOUSING REHABILITATION PRO-
GRAM
Dehnilions
-Multifamilv undei"writiniz and program rules,
25:8.301
Emergency housing and assistance program,
2.5:79.50-25:7976
Fjiiinent domain
See EMINENT DOMAIN
Enterprise zones
See ENTERPRISE ZONES
Environmental Quality Act. implementation.
25:6940-25:6999
-Applicability of regulations, 25:6942
-Authority to promulgate regulations. 25:6940
-Categorical exemptions, 25:6962
-CEQA officer, appointment and duties, 25:6970
-Checklist form, 25:6999
-Codes and standards division activities, 25:6983
-Community affairs division activities, 25:6982
-Compliance procedures, 25:6970-25:6974
--CEIQA officer, appointment and duties, 25:6970
--Federal projects, 25:6974
Form, 25:6999
— Lead agency. 25:6971
Assumption of responsibilities, 25:6972
--Responsible agency, 25:6973
-Definitions. 25:695()'
-Developmental activities. 25:6980-25:6983
--Codes and standards division activities, 25:6983
--Communitv affairs division activities, 25:6982
--Exemptions. 25:6980-25:6983
--Research and policy development division,
25:6981
-Documents, 25:6995-25:6999
— Forms, 25:6999
--Initial study, 25:6995
--Negative declaration, 25:6996
Notice of determination, 25:6997. 25:6999
-Environmental impact reports, 25:18, 25:6998
--Decision to prepare, 25:6992
Notice form, 25:6999
-Exempt activities, 2.5:6960-25:6962
--Categorical exemptions, 25:6962
--Developmental activities, 25:6980-25:6983
— Notice form. 25:6999
--Statutory exemptions, 25:6961
-Federal projects, 25:6974
HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT (7-;;////;«'J
Environmental Quality Act, implementa-
uon-coniiiiiied
-Federal proiects-(7J/;/;;//K'r/
—Form, 25:6999
-Findings. 25:6990-25:6994
--En\ii"oninenial impact report, decision to pre
pare. 25:6992
--0\eiTidiiig consideialions. statement of. 25:6994
--Significant environmental effect
Criteria. 25:6990
El feci. 25:6993
Form. 25:6999
Mandatory findings. 25:699!
-Forms. 25:6999
-Information form, 25:6999
-Initial study. 25:6995
-Lead agency. 25:6971
— Assumption of responsibilities. 25:6972
-Negative declaration, 25:6996
— Notice of determination. 25:6997
Form. 25:6999
-Overriding considerations, statement oL 25:6994
-Purpose of regulations. 25:6941
-Research and policy development di\isii)n acti\i-
ties, 25:6981
-Responsible agency. 25:6973
-Significant environmental effect findings
--Criteria. 25:6990
—Effect. 25:6993
— Form, 25:6999
--Mandatory findings, 25:6991
-Statutory exemptions, 25:6961
Factory-built housing
Sec FACTORY-BUILT HOUSING
Family ht)using demonstration program,
2.5:8110-25:8142
Farmworker housing grants, 25:7200-25:7239
See also FARMWORKER HOUSING GRANTS
Federal regulations, applicability, 25:4060, 25:4070
Forms
-Environmental Quality Act, implementation.
25:6999
Homeownership assistance program.
25:7900-25:7938
Housing finance agency
See HOUSING FINANCE AGENCY
Housing rehabilitation program, 25:7670-25:7697
-Owner-occupied housing,^ 25:8040-25:8062
Loan and grant committees, 25:69(M)-25:69()4
-Chairpersons, 25:6904
-Experience of members, 25:6900
-Jurisdiction, 25:6902
-Membership, 25:6900
-Operations, 25:6904
-Presentations to, 25:6904
-Public membership, 25:6900
Migrant services office, 25:7601-25:7665
Mobile home park resident ownership program,
25:8()(X)-25:8()32
Mobile homes
See MOBILE HOMES
Multilamily housing program, 25:7300-25:7336
,SV<'(//.sy; MULTIFAMILY HOUSING PRO-
GRAM
Multifamily underwriting and program rules.
25:8300-25:8316
-Definition.s. 25:8.301
-Demolition restrictions, 25:8302
-Developer fees. 25:8312
-Development cost limits. 25:8311
-Grievance procedure, 25:8307
-Leasehold security, 25:8316
-Operating cash flow, use of, 25:8314
-Operating reserves. 25:8308
-Purpose and scope, 25:8300
-Rental agreements, 25:8307
-Replacement reserves, 25:8309
-Site control, 25:8303
-Subordination policy, 25:8315
-Tenant .selection, 25:8305
— Recertirieation, 25:8306
-Underwriting standards. 25:8310
14 HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
CALIFORNIA CODE OF REGULATIONS
HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT-^y^////;h/(y/
Miiltitamily underwrilins and program
y[i\cs-it>iitiiiiic'cl
-Uniis. 25:8304
Prcdevclopincnt loan fund, 25:7000-25:7018
Scr also HOUSING PRHDKVHLOPMHNT
LOANS
F^cgislralion and titling ol manulacturcd housing,
mobile homes, eommereial eoaehes. truck
campers, and Hoaling homes, 25:5510-25:5668
Sec also MANUFACTURED HOUSING
Relocation assistance
See RELOCATION ASSISTANCE
Rental housing construction program.
25:7800-25:7892. 25:8075-25:810.3
Rural predevelopment loans. 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LCJANS
Sell-help housing program, 25:7530-25:7584
Special user housing rehabilitation proiiram,
25:74.50-25:7480
See also HOUSING REHABILITATION PRO-
GRAM
Targeted lax area program, 25:8448-25:8448.15
Se^e also TARGETED TAX AREA PROGRAM
Uniform multifamily underwriting and program
rules
See Multifamily underwriting and program rules,
this heading
Urban housing predevelopment loans,
25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, U.S. (HUD)
Labels for mobile homes, 25:40.34.3
Mobile homes constniction and safety standards
regulations, 25:4070
National mobile home construction and safety stan-
dards act, 25:4060
HOUSING ASSISTANCE PROGRAMS
See !>eiierally HOUSING
HOUSING DISCRIMINATION
Predevelopment loans, 25:7008
Rental housing development programs, 25:11201,
25:11202
HOUSING FINANCE AGENCY
Aliens, public benefit restrictions,
25:12001-25:12108
-Definitions, 25:12002
-Eligibility for benefits. 25:12101-25:12107
--Appeals. 25:12107
--Federal law preemption. 25:12105
--Ineligibility, remedies, 25:12106
--Method of verification, 25:12104
— Qualified mortgage lender to verify, 25:12103
— Recordkeeping requirements, 25:12103
— Single family program loans. 25:12102
— Time limit on verification. 25:12102
—Verification fee. 25:12103
—Who must verify. 25:12103
-Limitation of provisions. 25:12003
-Nondiscrimination, 25:12005
-Purpose of provi.sions. 25:12001
-Severability of provisions, 25:12004
-Statutory authority. 25:12001
Board of directors
-Contractual agreements, approval, 25:13302
-Debt obligations, approval. 25:13302
-Quorum, 25:13300
-Voting. 25:13301
Bond insurance
-Definitions, 25:19001
Conflict of interest code. 25:10001, 25:10002
Loan insurance
-Definitions, 25:19001
Loans, 25:6910
Quorum, board of directors, 25:13300
HOUSING PREDEVELOPMENT LOANS,
25:6910,25:7000-25:7018
Application for loan. 25:7012
HOUSING PREDEVELOPMENT
LOf<US-coniiime(l
Conditions ot loan. 25:7008
Definitions. 25:7002
Disbursements. 25:7008
Discrimination. 25:7008
Documents. 25:7008
Eligibility. 25:7()()3-25:7()04
Interest rales. 25:7006
Project eligibility. 25:7004
Purpose ol regulations. 25:7000
Relocation plan. 25:7008
Reports. 25:7008
Scope of regulations. 25:7000
Security for loan. 25:7008
Sponsor eligibilits. 25:7003
Termination of loan. 25:7016
Term of loan. 25:7006
Use of funds. 25:7005
HOUSING REHABILITATION PROGRAM,
25:6910. 25:7670-25:7697
Administrative expenses. 25:7680
Agreements. 25:7690
Aliens, eligibililv. 25:6935-25:6939.4
Apphcalions. 25:7687-25:7689
-Contents. 25:7688
-Incomplete applications. 25:7687
-Notice of funding availability, 25:7687
-Owner-occupied housing, requirements, 25:8053,
25:8054
-Processing time. 25:7687
-Ranking. 25:7687
-Rating. 25:7689
-Selection. 25:7689
Budgets. 25:7696
Construction. 25:7686
Defaults, 25:7693
-Owner-occupied housing, defeiTcd payment loans,
25:8052
Deferred payment loans. 25:6910
-Administrative cost grants. 25:7415
-Amount, 25:7406
-Appeals, 25:7426
-Applicability of regulations, 25:7400
-Application process, 25:7420-25:7426
--Appeals, 25:7426
— Review of applications, 25:7420-25:7424
Fund comiTiitment to local entities, 25:7420
--Technical assistance, 25:7436
-Assumption of loan. 25:7432
-Authorized expenditures, 25:7414
-Cancellation of commitments, 25:7430
-Conditions
— Fund commitments to local entities. 25:7410
--Loans to borrowers. 25:7412
-Default on loan. 25:7432
-Definitions, 25:7402
-Disbursement of funds. 25:7428
— Recaptured funds, disposition, 25:74,^4
-Displacement assistance, 25:7438
-Eligibility, 25:7404
-Interest rate and payment. 25:7408
-Limitations, 25:7406
-Loan committees, 25:7418
-Maximum amount. 25:7406
-Owner-occupied housing, 25:8047-25:8052
-Period of loan, 25:7408
-Recaptured funds, disposition. 25:7434
-Relocation assistance, 25:7438
-Rental unit owners, to, 25:7406. 25:7408
--Tenancy standards and procedures. 25:7416
-Technical assistance. 25:7436
-Tenancy standards and procedures. 25:7416
-Transfer of loan, 25:7432
-Use of funds. 25:7414
Definitions. 25:7671
-Owner-occupied housing. 25:8041
Disbursement of funds, 25:7691
Distribution limits. 25:7684
Earthquakes, 25:7675
Eligibility
-Deferred pavment loans, 25:7404
-Funds, 25:7674
HOUSING REHABILITATION PRO-
GRAM-eoiitiinteel
E\\g\b\]\ty~coriliiuie(l
-Owner-occupied housing, 25:8042-25:8044
-Projects, 25:7672
-Sponsors. 25:7673
Encumbrances restrictions. 25:7692
Expenses, administrative. 25:7680
Family housing demonstration program.
25:8110-25:8142
.SV^ also FAMILY HOUSING f)EMONSTRA-
TION PROGRAM
Farm labor housing rehabilitation loans
See FARMWORKER HOUSING GRANTS
Inspections. 25:7695
Limits on distributions. 25:7684
Loans
-Defaults. 25:7693
-Deferred payment loans
See Deferred payment loans, this heading
-Disbursement. 25:7691
-Interest rates. 25:7678
-Loan-to-value limits, 25:7679
-Maximum amounts, 25:7677
-Repayments, 25:7678
-Special users
See Special user housing loans, this heading
-Term, 25:7676
Maintenance. 25:7694
Management. 25:7694
Notice of funding availability, 25:7687
Occupancy requirements, 25:7681
Operating budgets. 25:7696
Owner-occupied housing. 25:8040-25:8062
-Applications, 25:8053, 25:80.54
-Cancellation. 25:8061
-Construction requirements, 25:8046
-Default reserve subaccount, 25:8062
-Deferred payment loans. 25:8047-25:8052
— Ahens, eligibility, 25:6935-25:6939.4
— Amount of loan. 25:8048
—Defaults. 25:8052
— Encumbrance of property, 25:8051
— Interest rate. 25:8049
— Loan-to-value limits. 25:8050
— Maximum amount of loan. 25:8048
— Repayment of loan, 25:8049
— Sale or transfer of property. 25:8051
--Term of loan, 25:8047
-Definitions. 25:8041
-Disbursements. 25:8058. 25:8059
-Documents handling. 25:8056
-Eligibility. 25:8042-25:8044
— Applicant's eligibility, 25:8042
— Borrower's eligibility, 25:8043
—Use of funds, 25:8044
-Loan approvals, 25:8057
-Loans, defened payment requirements.
25:8047-25:8052
-Local program requirements, 25:8055
-Local responsibility, 25:8045
-Purpose of provisions. 25:8040
-Reporting requirements, 25:8060
-Scope of provisions, 25:8040
-Termination. 25:8061
Purpose of provisions, 25:7670
Recordkeeping requirements, 25:7697
Relocation, 25:7685
Rental units
See Special user housing loans, this heading
Rents, 25:7683
Reporting requirements, 25:7695
-Owner-occupied housing, requirements. 25:8060
Sales restrictions, 25:7692
Scope of provisions, 25:7670
Seismic rehabilitation improvements, 25:7675
Selection of projects, 25:7689
Self-help program
See SELF-HELP HOUSING PROGRAM
Special user housing loans, 25:7450-25:7480
-Agreements. 25:7462
-Aliens, eligibility, 25:6935-25:6939.4
-Appeals. 2^5:7480
-Applications, 25:7474-25:7478
TITLE 2S INDEX
LITIGATION
\5
HOUSING REHABILITATION PRO-
GRAM-(Y^/;/;/;//(v/
Special user lu)using \oans-i(iiiliiiiu'(l
-Applications-(7);(;//;H^Y/
— Contcnis of application. 23:7474
— Piu)nlios. 25:7478
--Review oi application. 25:7476
-Aiilliori/ed uses. 2.5:7434. 23:7436
-Cancellations. 25:7472
-Closiniis. 25:7464
-Defaulis. 25:7472
-Definitions. 25:7452
-Distrihuiion ol' lumls. 25:7478
-Hligihilily ol' sponsors. 25:7458
-Limits. 25:7460
-Priorities, 25:7478
-Review ot standards. 25:7470
-Scope ol provisions. 25:7450
-Sponsors, eligibility. 25:7458
-Tenancv. 25:7466
-Transl'ers. 25:7472
Tenancy requirenienls. 25:7682
Transfers rcslriclions, 25:7692
HUMBOLDT COUNTY
Housing programs, income limits. 25:69.^2
I
ICE AND SNOW
Sec SNOW LOADS
IDENTIFICATION NUMBERS
VIN numbers tor commercial coaches, mobile
homes, and recreational vehicles.
25:40.W-25:40.'^7
ILLUMINATION
See LIGHTING
IMPERIAL COUNTY
Housing programs, income limits. 25:69.^2
INCIDENTAL CAMPING AREAS
See ;^enerullv SPECIAL OCCUPANCY PARKS
INCORPORATION BY REFERENCE
Conflict of interest codes
See CONFLICT OF INTEREST
Farmworker housing grants, multifaniily underwrit-
ing and program rules, 25:7239
HOME Investment Partnership Act program, incor-
poration of uniform multifamily underwriting
and program rules, 25:8212.2
Housing Code, 25:32
Manufactured housing sprinkler systems, NFPA
1 3D standard, 25^4302
Multifamily housing program, uniform underwrit-
ing and program rules, 25:7300.1
National Mobile Home Construction and Safety
Standards Act, 25:4060. 25:4070
INDIAN AFFAIRS AND RESERVATIONS
Manufactured housing registration, exemptions
from in lieu taxation, 25:5664
INDIGENT PERSONS
Low-income households
See LOW-INCOME HOUSING
Shelter programs for
See EMERGENCY HOUSING AND ASSIS-
TANCE PROGRAM
INFORMATION
See ACCESS TO INFORMATION; RECORD-
KEEPING REQUIREMENTS: REPORTING
REQUIREMENTS
INSIGNIA
Commercial coaches, 25:4030-25:4037
Mobile homes, 25:4030-25:4037
See also MOBILE HOMES
Recreational vehicles, 25:4030-25:4037
INSPECTIONS
Employee housing, 25:640
INSPECTIONS* Y>/;//«H«/
Employee housing-(Y^;////;HrY/
-Reinspection fees. 25:644
Eaeiorv-built housing. 25:3032
-Fees.'25:3061
-Local agencies. 23:3036. 25:3037
Family housing demonstration program. 25:8138
Housing. 25:48
Housing rehabilitation program. 25:7695
Mobile homes
See MOBILE HOMES
Rental housing construction program. 25:8101
Rural dwellings, limited density owner-built.
25:108-25-114
See also RURAL DWELLINGS. LIMITED DEN-
SITY OWNER-BUILT
Special occupancy parks
-Constniction. 25:2048
-Support structur'cs, 25:2337
INSURANCE
Housing tniance agency
-Loan insurance. 23:19001
INTEREST
Child care facilities hnancing. direct loans, 25:8266
Family housing demonstration program loans, rates,
25:8117
Housing predevelopment loans, 25:7006
Housing rehabilitation program
-Deferred payment loans, 25:7408
-Loans, 25:7678
-Owner-occupied housing
--Deferred payment loans, 25:8049
Multifamily housing program loans, 25:7308
Rental housing construction program loans,
25:8082
Rental housing development program loans,
25:11103
INTERSTATES
Housing relocation assistance
See RELOCATION ASSISTANCE
INVESTIGATIONS
Mobile homes
-Complaints. 23:4013.5
-Federal regulations (reprinted), 23:4060
Special occupancy park complaints. 23:2004.5
INYO COUNTY
Housing programs, income limits, 25:6932
JANITORS
Hotels or apartments to employ, 25:42
JUDICIAL REVIEW
Relocation assistance grievances, 25:6176
K
KERN COUNTY
Housing programs, income limits, 25:6932
KINGS COUNTY
Housing programs, income limits, 25:6932
KITCHENS
Commercial coaches, cooking appliances
Sec COMMERCIAL COACHES
Employee housing, 23:734, 25:736-23:742
See also EMPLOYEE HOUSING
Mobile homes
-Fire prevention, federal regulations (reprinted),
23:4070
LABELING AND PACKAGING
Sprinkler systems, manufactured housing, intorma
tion and installer certification tag. 25:4318
LABELS
Commercial coaches
See COMMERCIAL COACHES
Mobile honres
See MOBILE HOMES, subheading: Insignia
LABOR CAMPS, 25:600 25:940
See also EMPLOYEE HOUSING
LAKE COUNTY
Housing programs, income limits, 25:6932
LANGUAGE REQUIREMENTS
Employee housing notices. 25:624
Migrant housing centers, grievance procedures.
^25:7631
LASSEN COUNTY
Housing programs, income limits, 25:6932
LAUNDRY FACILITIES
Clothes dryers
-Commercial coaches, 25:4475.5
-Mobile homes, federal regulations (reprinted).
25:4070
Clothes washing machines
-Employee housing. 25:768
LEAD-BASE PAINT POISONING PREVENTION
ACT
Community development block grants, applicability
to. 25:7094
LEASES
Manufactured housing
-Report of sale or lease, 25:5575
Migrant housing centers. 25:7616, 25:7620-25:7624
Migrant services office, 25:7620-25:7624
Rental housing construction program, 25:7858
Rental housing developrrrent programs, 25:1 1402
LICE
Beddine in hotels and apartments to be free (nMit.
25:40
LICENSING
Manufactured housing
See MANUFACTURED HOUSING
LIENS
Farmworker housing grant prograrrr, 25:7230
Manufactured housing
See MANUFACTURED HOUSING, subheading:
Registration and titling
LIGHTING
Commercial coaches, energy con.servation, 25:4407
Employee housing, 25:874-25:884
See also EMPLOYEE HOUSING
Mobile honre parks, 25:1 108
Mobile homes, federal regulations (reprinted),
25:4070
Special occupancy parks, 25:2108
LIMITED DENSITY OWNER-BUILT RURAL
DWELLINGS
See RURAL DWELLINGS. LIMITED DENSITY
OWNER-BUILT
LIQUEFIED PETROLEUM GAS
Commercial coaches, 23:4420-23:4423
See also COMMERCIAL COACHES
Errrployee housing, 23:806-23:816
Mobile homes, 25:1210-23:1212
See also MOBILE HOMES
Special occupancy parks, 25:2210-25:2212
LITIGATION
Appeals
See APPEALS
Employee housing, 23:920
16
LOANS
CALIFORNIA CODE OF REGULATIONS
LOANS
Aliens, eligibility
-Housing and Community Development Depart-
ment
--Housing assistance programs, 25:6935-25:6939.4
-Single family program loans, 25:12001-25:12108
CalHome program, 25:7715-25:7756
Sec also CALHOME PROGRAM
Child care facilities, 25:8250-25:8273
See also CHILD CARE FACILITIES FINANC-
ING PROGRAM
Community development block grants.
25:7050-25:7126
See also -cnerallv COMMUNITY DEVELOP-
MENT BLOCK GRANTS
Deferred-payment rehabilitation loans,
25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
Family housing demonstration program,
25:8110-25:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
Homeownership assistance program,
25:7900-25:7938
See also HOMEOWNERSHIP ASSISTANCE
PROGRAM
Housing finance agency
See HOUSING FINANCE AGENCY
Housing predevelopment loans, 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Housing rehabilitation
See HOUSING REHABILITATION PROGRAM
Interest
See INTEREST
Mobile home park resident ownership program,
25:8000-25:8032
See also MOBILE HOME PARK RESIDENT
OWNERSHIP PROGRAM
Multifamily housing program
See MULTIFAMILY HOUSING PROGRAM
Predevelopment loan fund, 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Rental housing constiaiction program,
25:7800-25:7892, 25:8075-25:8103
See also RENTAL HOUSING CONSTRUCTION
PROGRAM
Rental housing development programs
See RENTAL HOUSING DEVELOPMENT
PROGRAMS
Rental housing development projects
-Ahens, ehgibility. 25:12001-25:12108
Rural housing predevelopment loans,
25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Special user housing rehabilitation program,
25:7450-25:7480
See also HOUSING REHABILITATION PRO-
GRAM
Urban housing predevelopment loans,
25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
LOCAL AGENCIES
CalHome program, 25:7715-25:7756
See also CALHOME PROGRAM
Community development block grants,
25:7050-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Housing rehabilitation deferred payment loans,
25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
LOS ANGELES COUNTY
Housing programs, income limits, 25:6932
LOW-INCOME HOME MANAGEMENT TRAIN-
ING PROGRAM, 25:6910
LOW-INCOME HOUSING, 25:6910 25:6932
Affordable housing cost, determination, 25:6924
Affordable rem. determination, 25:6922
Applicability of regulations, 25:6910
CalHome progranC 25:771 5-25:7756
See also CALHOME PROGRAM
Cotnmunity development block grants.
25:7050-25:7126
See also COMMUNITY DEVELOPMENT
BLOCK GRANTS
Definitions. 25:69 1 2-25:6930
-Affordable housing cost. 25:6924
-Affordable rent, 2.^:6922
-Gross income, 25:6914
-HOME Investment Pannership Act program,
25:8201
-Housing cost, 25:6920
-Lower income households. 25:6928
-Moderate income household, 25:6930
-Net income. 25:6916
-Rent, 25:6918
-Very low income households, 25:6926
Family housing demonstration program.
25:8110-25^:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
Farmworker housing grants, 25:7200-25:7239
See also FARMWORKER HOUSING GRANTS
Gross income, defmilion, 25:6914
HOME Investment Partnership Act program
See HOME INVESTMENT PARTNERSHIP ACT
PROGRAM
Housing cost
-Affordable housing cost, determination, 25:6924
-Definition, 25:6920
Income limits. 25:6932
Lower income households, definition. 25:6928
Mobile home park resident ownership program,
25:8000-25:8032
See also MOBILE HOME PARK RESIDENT
OWNERSHIP PROGRAM
Moderate income households, definition, 25:6930
Net income, definition. 25:6916
Predevelopment loans, 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Programs, 25:6910
Rehabilitation loans, deferred-pavment,
25:7400-25:7438
See also HOUSING REHABILITATION PRO-
GRAM
Rent
-Affordable rent, determination, 25:6922
-Definition, 25:6918
Rural communities
-HOME Investment Partnership Act program,
25:8212.1
-Predevelopment loans, 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
Scope of regulations. 25:6910
Self-help housing program, 25:7530-25:7584
See also SELF-HELP HOUSING PROGRAM
LPG
See LIQUEFIED PETROLEUM GAS
M
MADERA COUNTY
Housing programs, income limits, 25:6932
MANUALS
Factory-built housing, quality control. 25:3033
MANUFACTURED HOUSING
Advertising, 25:5050-25:5057
-Availability, 25:5052
-Condition of housing, 25:5051
-Contents, 25:5050
-Dealer added charges, 25:5054
MANUFACTURED HOUSING-(w;//>/»(^(/
Advertising-(7;/?/;/u/('c/
-Down payment or deposit, 25:5056
-Financing, 25:5055
— Down payment or deposit, 25:5056
-Free merchandise, 25:5053
-Physical size. 25:5051
-Previous use. disclosure, 25:5050
-Rebates. 25:5053
-Representations. 25:5057
-Savings claims. 25:5053
-Used housing, disclosure, 25:5050
Aliens, qualification for public benefits.
25:5802-25:5818
Applicability of regulations, 25:5001
Applications for registration
Sec Registration and tilling, this heading
Authority to promulgate regulations. 25:5000
Cai-peting. 25:4049..?
Commercial coaches
Sec COMMERCIAL COACHES
Complaints, 25:5081
Continuing education for dealers and salespersons,
25:5300-25:5368
-Advertising, 25:5330
-Applicability of requirements. 25:5304
-Applicant qualification to receive public benefits,
25:5301
-Application for course approval, 25:5340-25:5346
— Appeal of denial or cancellation of approval,
25:5366
— Cancellation of approval, 25:5364
— Changes to approved courses, 25:5320, 25:5346
— Denial of application, 25:5362
— Expiration of approval, 25:5324
—Fees, 25:5360
—Rejection, 25:5356
--Renewal. 25:5344
-Application for instructor approval, 25:5348,
25:5350
-Attendance controls, 25:5336
-Certificates of completion, 25:5322
-Challenge examinations to acquire credit, 25:5314
-Changes in providers, reporting, 25:5338
-Changes to approved courses. 25:5320, 25:5346
-DertnUions, 25:5300
-Denial or disqualification of enrollee, 25:5334
-Enforcement of regulations, 25:5368
-Equivalency claims, 25:5316
— Application for approval. 25:5352, 25:5360
-Exemptions, 25:5316, 25:5318
— Application for approval, 25:5354
-Expiration of course approval, 25:5324
-Fees, 25:5360
-Instnictors, 25:5326, 25:5328
—Application for approval, 25:5348, 25:5350,
25:5360
— Changes, reporting, 25:5338
-Notice to department, 25:5332
-Prohibitions, 25:5338
-Recordkeeping requirements, 25:5336
-Rejected applicants, 25:5356
-Requirements. 25:5304
-Scope of requirements. 25:5302
-Standards for curriculum, 25:5310
— Correspondence courses, 25:5312
-Topic requirements, 25:5306
-Updating of courses to cover statutory or regula-
tory changes, 25:5320
Dealers
-Continuing education, 25:5300-25:5368
See also Continuing education for dealers and
salespersons, this heading
-Correspondence courses lor continuing education.
25:5312
-Dealer added charges, 25:5054
-Education requirements
See Education requirements for dealers and
salespersons, this heading
-Established place of business, 25:5013
— Relocation, elimination or additions, 25:5024
-Fees, 25:5040-25:5043
--Bad checks used to pay, 25:5041
— Continuing education, 25:5360
TITLE 25 INDEX
MANUFACTURED HOUSING
17
MANUFACTURED H0USING-(7«/r;V//(<Y/
\)Cil\CVS-i(>lllllllU'(l
-Vccs-cdiilinncd
— Rcl'uiids. 2ri:5()4l
-^Salc tiling tec. report. 25:.S041
-hanehise or aullioiizalion cliange. notice, 25:.'S()29
-Preliininary eclucalion
--Advertising ot courses. 25:53.^0
--Applieabilily ot regulations. 25:.'>.302
--Application tor course approval. 2.S:5340
Appeals. 2.'S:.S.366
Cancellation ot approval, 2.'S:.'i.364
Changes to approved courses, 25:,i.^20,
is :.^ 346
Denial, 25:5362
Hxpiration t)f appioval, 25:5324
---Fees. 25:5360
Rejeciion. 25:5356
Renewal. 25:5344
--Attendance controls, 25:5336
— Certiticate ot completion, 25:5322
— Changes in providers, reporting. 25:5338
- -Changes to approved courses. 25:5320. 25:5346
--Curriculum standards. 25:5308
— Detinitions, 25:5.300
— Denial of enrollment, 25:5334
— Bnt'orcemenl of regulations. 25:5368
--Equivalency approval. 25:5352
Fees. 25:.5360
--Fxpiraiion ot course approval. 25:5324
--Instructors
Application lor approval, 25:5348, 25:5350,
25:5360
Changes, reporting. 25:5338
Expiration of approval, 25:5328
Qualihealions, 25:5326
Renewal of approval, 25:5350
— Notice of course offerings, 25:5332
—Records. 25:5336
--Scope of regulations. 25:5302
-Recordkeeping requirements
--Continuing education, 25:5336
-Refunds of "fees, 25:5041
-Registration and titling requirements
Sec Registration and titling, this heading
-Reporting requirements
—Sale filmg fee. 25:5043
-Representations, 25:5057
-Salespersons
See Salespersons, this heading
-Supervisine managing employee chanee, notice,
25:503^2
Detinitions
-Hducation requirements for dealers and salesper-
sons, 25:5.300
-Licenses, 25:5002
-Registration and titling, 25:5511
-Sprinkler systems, 25:4304
Distributors
-Established place of business
--Relocation, elimination or additions. 25:5024
-Fees. 25:5040-25:5043
-Franchise or authorization change, notice, 25:5029
Down payment or deposit
-Advertising, 25:5056
Education requirements for dealers and salesper-
sons, 25:5.300-25:5368
-Continuing education
See Continuing education for dealers and sales-
persons, this heading
Enforcement authority, 25:5080
Escrow
-Disbursement of funds, 25:5062
-Instructions, 25:.5061
-Purchase requirement, 25:5060-25:5064
-Records, 25:5064
-Registration requirements, 25:5570-25:5574
-Waivers, 25:5063
Established place of business, 25:5012, 25:5013
Exits, 25:4049.3
Fees, 25:5040-25:5043
-Continuing education, 25:5360
-Insufficient checks, 25:5042
-Licenses. 25:5040-25:5042
MANUFACTURED HOyiS\HG~cou!iinied
Vcc%~aiutinued
-Relunds, 25:5041
-Registration and tilling fees
See r^egistration and titling, this heading
-Report of sale, tiling fee, 25:5043
Financing
-Advertising, 25:5055
--Down payment or deposit. 25:5056
Fire prevention. 25:4049.3
-Spnnkler systems, 25:4300-25:4324
Floors, 25:4049.3
Forms
-Registration and titling
See Registration and titling, this heading
Foundation systems
-Registration requirements. 25:5610-25:5614
HeaUns. 25:4049.3
HUD labels. 25:40.34.3
-Registration applications, containing, 25:5544
Insignia
-Application, 25:4034.5
-Denial, 25:4035
-Lost or damaged, 25:4037
-Removal. 25:4036
Inspections, 25:5080
Lea.se s
-Report of sale or lease, 25:5575
Licenses, 25:5010-25:5043
-Access to information, 25:5070-25:5073
— Disciplinary actions. 25:5073
--License status. 25:5071
--Noncompliance and complaints, 25:5072
-Applicability of provisions, 25:5001
-Applications, 25:5020
--Abbreviated, 25:5021
--Decisions, 25:5020.5
--Fees. 25:5040
--Notice of decisions, 25:5020.5
--Review. 25:5020.5
-Authority of provisions. 25:5000
-Cancellation, 25:5082
-Changes requiring notihcation of department,
25:.5025-25:5029
-Complaints. 25:5081
-90-day certificates
--Contents and posting, 25:5023.5
-Detinitions, 25:5002
-Employment change, notice, 25:5026
-Enforcement, 25:5080
-Established place of business, 25:5012, 25:.5013
— Relocation, elimination or additions, 25:5024
-Examinations, 25:5022
—Fees, 25:5040
-Fees, 25:5(M0-25:5042
-Franchise or authorization change, notice, 25:5029
-Monitoring. 25:5081
-Name change, notice, 25:5029
-Offices of license holders, 25:5012, 25:5013
-Ownership changes, 25:5025
-Prohibitions, 25:5010
-Recordkeeping requirements, 25:501 1
— Access to information. 25:5070-25:5073
-Relocations, 25:5024
— Fees, 25:5040
-Renewal, 25:5030
—Fees, 25:5040
-Required, 25:5010
-Residence change, notice, 25:5027
-Revocation, 25:5082
-Scope of provisions, 25:5001
-Suspension, 25:5082
-Temporary, 25:5023
Manufacturers
-Established place of business, 25:5012
— Relocation, ehmination or additions. 25:5024
-Fees, 25:5040-25:.5043
-Franchise or authorization change, notice, 25:5029
-Registration requirements
--Certiticate of origin, 25:5560
Correcting, 25:5561
Mobile homes
See MOBILE HOMES
Monetary penalties, 25:5083
MANUFACTURED H0USING-(7;«///;h<y/
Notice of prohibited sales, 25:5082.5
Occupational licenses, 25:5010-25:5043
See also Licenses, this heading
Offices of license holders, 25:.50I2. 25:5013
Penalties, 25:5080-25:.5()83
-Monetary penalties, 25:5083
-Registratit)n and titling
--Commercial coaches, avoidance of. 25:5530 1
—Schedule of. 25:5660
Prohibited sales
-Notice. 25:5082.5
Purchase agreement, 25:5060-25:5064
Rebates, 2.5:5053
Recreational vehicles
See RECREATIONAL VEHICLES
Registration and titling, 25:55IO-25:.5668
-Applicability of provisions, 25:5510
-Applications
— Bonds and other undertakings, 25:5.547
— Change of name. 25:5543
Company name change, 25:5543.1
--Co-ownership
Endorsements, 25:5542
Recording requirements. 25:5.540.1
— Disaster tax relief, 25:5623
--Documents and forms, completion oi reproduc-
tion, 25:5549
--Endorsements
Authorized representatives, by, 25:5542.2
Co-ownership, 25:5542
Deceased owners or junior lienholders,
25:5542.1
— Error or erasure statements, 25:5.548
—HUD label, 25:5544
— Insignia number, 25:5544
— Local property taxation
Property tax moratorium, 25:5621, 25:5622
Voluntary transfer, 25:5620
— Recording requirements, 25:5.540
Co-ownership, 25:5540.1
—Refunds, for, 25:5661
— Registration information documents. 25:5541
— Renewal, 25:5.546
Fees, 25:5546.1
— Salvage units, 25:5631
Reporting as, 25:5630
— Scope of provisions, 25:5510
--Smoke detector certification. 25:5545
--Tax clearance certificate. 25:5547.1
— Title transfers, endorsement and altemativcs.
25:5533
—Transfers of units, 25:55.30-25:5533
Dealer transfers, 25:5530
Non-dealer transfers, 25:5531
Reports, 25:5532
Title, endorsements and alternatives, 25:5533
-Attachment liens
--Information requests, 25:5643
— One-year extension, filing, 25:5641
— Release of, reporting, 25:5642
— Reporting, 25:5640
-Attachment sales, acquired at, 25:5594
-Authorized representatives
--Signatures and endorsements by, 25:5542.2
-Bonds and other undertakings, 25:5547
-Change of address
— Location address, 25:5549.4
—Mailing address, 25:5549.2
-Change of name, 25:5.543
— Company name change, 25:5543.1
-Commercial coaches
--Avoidance of penalties and administrative ser-
vice fees, 25:5530.1
--Change of location address, 25:5549.3
— Dealer out of business before completing regis-
tration, 25:5522
— Previously under jurisdiction of state architect
division. 25:5527
— Purchased in another state prior to registration.
25:5525
— Seizure and sale to satisfy slate lien, 25:5600,
25:.560l
—Used
18
MANUFACTURED HOUSING
CALIFORNIA CODE OF REGULATIONS
MANUFACTURED HOUSING-co/;/;/;i/<y/
Registration and UlWng-coiitinucd
-Commercial coi\chcs-(i>ii tinned
---Used-( ontlnuc'd
Non-dealer transfers, 25:5331
Registered and titled in another state.
25:5525,1
Registered in another state, no title, 25:5525.2
-Commereial modulais
--New. 25:5521
--Used, dealer transfers. 25:55.30
-Confidentiality
--Home address of registered owner, 25:5549.1
-Co-ownership
--Recording requirements, 25:5,540.1
-Court judgments, acquired through, 25:5593
-I3ealer sales
--Between dealers, reporting. 25:5579
- -Kserow requirements, 25:5570-25:5574
--Out-of-state delivery, reporting, 25:5578.1
— Out-of-state location, reporting. 25:5578.2
--Report of sale or lease, 25:5575-25:5579
-Decal
- -Duplicate, obtaining, 25:5552
-Deceased owners or junior lienholders, endorse-
ments, 25:5.542,1
-Dehnitions, 25:5511
-l^isabled veterans
-~ln lieu taxation exemptions, 25:5665
-Disaster tax relief, 25:5623
-Documents, completion or reproduction, 25:5549
-Duplicates and substitutes, obtaining,
25:5550-25:5553
-Bn'or or erasure statements. 25:5548
-Escrow requirements
--Cancellation, notice, 25:5574
--Closing, notice, 25:5573
--Dealer responsibilities, 25:5570
- 120-day moratorium on title, 25:5571, 25:5572
--Opening, notice, 25:5571
-Exemptions
--Fees
Governmental entities, 25:5662
Park purchase fund fees, 25:5666
--In lieu taxation
Disabled veterans, 25:5665
Indian-owned units, 25:5664
Militar)' personnel, nonresident. 25:5663
--Use tax, 25:5668
-Expiration date, 25:5548.1
-Fees
— Exemptions for govemmenlal entities, 25:5662
— Park purchase fund fees, exemptions, 25:5666
--Renewal, 25:5546.1
- -Schedule. 25:5660
-Fixture and improvement
--Conversion of units to, 25:5614
--Removal of unit, 25:5614
-Floating homes
--Change of location address, 25:5549.4
--Not previously registered in state, 25:5524
--Purchased in another state prior to registration.
25:5525
-Forms
--Completion or reproduction, 25:5549
--Irrevocable assignment to department, 25:5547
--Manufacturer certificate of origin, 25:5560,
25:5561
--Notice of acknowledgment, 25:5547
--Report of sale or lease, 25:5575
-Foundation systems, 25:5610-25:5614
--Installation of new unit, 25:5610
--Mobile home park units converted to resi-
dent-owned subdivision, cooperative, condo-
minium, or nonprofit organization, 25:5613
--Removal of unit from, 25:5614
--Sale and installation of used units, 25:5611,
25:5612
-Governmental entities, fee exemptions, 25:5662
-Government surplus units, 25:5526
-HUD label
--Applications, containing, 25:5544
-Indian-owned units, exemptions from in lieu taxa-
tion, 25:5664
MANUFACTURED HOUSING-. y*//////;/(y/
Registration and MWng-conliiuicd
-Insignia number
— Applications, containing. 25:5544
-Judgment liens
--Manufactured homes, mobile homes, and mul-
ti-unit manufactured housing. 25:5595
-Junior lienholders
--Deceased, endorsements. 25:5542,1
— Recording requirements. 25:5540. 25:5540.1
— Security interests, reporting. 25:5584-25:5587
-Leases
— Report of sale or lease. 25:5575
-Legal owners
--Deceased, endorsenienis, 25:5542.1
— Recording requirements, 25:5540, 25:5540,1
— Security interests. 25:5580-25:5583
-Liens
— Attachment liens, 25:5640-25:5643
— Judgment liens. 25:5595
--Junior lienholders
Deceased, endorsements. 25:5542.1
Recording requirements. 25:5540. 25:5,540,1
Security interests, reporting. 25:5584-25:5587
— Warehouseman's lien sales, acquired through,
25:5,597
-In lieu taxation, exemptions
--Disabled veterans. 25:5665
--Indian-owned units. 25:5664
— Military personnel, nonresident, 25:5663
-Local property taxation
--Disaster tax relief. 25:,5623
— Property tax moratorium. 25:,5621, 25:5622
— Voluntary transfer to. 25:5620
-Manufactured homes
— Change of location address. 25:5549.4
--Judgment liens. 25:5595
—New, 25:5520
Dealer out of business before completing regis-
tration. 25:5,522
—Used
Dealer transfers, 25:55,30
Non-dealer transfers, 25:5531
Registered and titled in another state,
25:5525.1
Registered in another state, no title, 25:5525.2
-Manufacturers
— Certificate of origin, 25:5,560
Conecting, 25:5561
-Military personnel, nonresident
— Exemption from in lieu taxation, 25:5663
-Mobile home paiks
--Conversion to resident-owned subdivision, coop-
erative, condominium, or nonprofit organi-
zation, 25:,5613
--Public sales, units located in. 25:5596
-Mobile homes
— Change of location address. 25:5549.4
--Judgment liens, 25:5595
— Purchased in another state prior to registration,
25:5525
--Used
Dealer transfers, 25:5530
Non-dealer transfers, 25:5531
Registered and titled in another state,
25:5525.1
Registered in another state, no title. 25:5525.2
-Multi-unit manufactured housing
— Change of location address, 25:5,549.4
— Judgment liens, 25:5595
—New, 25:5520
Dealer out of business before completing regis-
tration, 25:5522
— Purchased in another state prior to registration,
25:5525
—Used
Dealer transfers, 25:5530
Non-dealer transfers. 25:5531
Registered and titled in another state,
25:5525.1
Registered in another state, no title, 25:5525.2
-Notice
— Acknowledgment, 25:5,547
— Escrow cancellation. 25:5574
MANUFACTURED HO\JS\NG-coiilinucd
Registration and titling-(Y'/////;»(^r/
-Noucc-ioiitiiiued
--Escrow closing, 25:5573
— Escrow opening. 25:5571
-Penalties
--Commercial coaches, avoidance of. 25:5530.1
--Schedule of. 25:,5660
-Public sales, acquired through. 25:5592
--Units located in mobile home parks. 25:5596
-Purchased in another state prior to registration.
25:5525
-Refunds
--Application for, 25:5661
-Registered owners
— Confidentiality of home address. 25:5549.1
— Deceased, endorsements, 25:5542.1
--Recording requirements, 25:5540, 25:5540.1
-Registration cards
--Duplicates, obtaining, 25:5551
-Renewal
—Fees, 25:5,546.1
—Methods, 25:5.546
-Reports
— Attachment liens. 25:5640
Release oL 25:5642
--Attachment sales, acquired at, 25:5594
--Certificate of origin, 25:5560
— Court judgments, acquired through, 25:5593
—Dealer safes or transfers, 25:5575-25:5579
— Foreclosures, 25:5591
— Foundation systems, 25:5610-25:5613
—Manufacturers, 25:5560-25:5561
— Pubhc sales, acquired through, 25:5592
—Report of sale or lease, 25:5575-25:5579
—Repossessions, 25:5590, 25:5591
— Salvage units, 25:5630
—Security interests, 25:5580-25:5587
--Transfers of units, 25:5532
-Repossessions, reporting
--New units, 25:5,590
—Used units. 25:,5,591
-Salvage units
--Previously reported as, 25:5631
— Reporting as, 25:5630
-Schedule of fees and penalties, 25:5660
-Security interests, 25:5580-25:5587
— Junior lienholders
Assignment of interest, 25:5586
New, 25:5584
Release of interest, 25:5585
Retention of interest. 25:5586
— Legal owners
Assignment of interest, 25:5582
New owner of used unit, 25:5580
Release of interest, 25:5581
Retention of interest, 25:5583
-Seizure and sale to satisfy slate lien
--Commercial coaches, 25:5600, 25:5601
-Signatures
— Authorized representatives, by, 25:5542.2
-Smoke detector certification
— Applications, containing, 25:5545
-Stickers
—Duplicates, obtaining, 25:5552, 25:5553
-Tax clearance certificate, 25:5,547.1
-Titles
— Dealer sales
120-day moratorium on title. 25:5571, 25:5,572
--Duplicate, obtaining, 25:5550
— Title search
Requester account, establishing. 25:5651
Requesting, 25:5650
— Transfers
Endorsements and alternatives. 25:5533
-Transfers, 25:5530-25:5533
— Dealer sales and transfers, 25:5530
Commercial coaches, avoidance of penalties
and service fees, 25:5530.1
Between dealers, reporting, 25:5,579
Out-of-state delivery, reporting, 25:5578.1
Out-of-state location, reporting, 25:5578.2
— Non-dealer transfers, 25:5531
— Reporting requirements, 25:5532
TITLE: 25 INDEX
MOBILE HOME PARKS
MANUFACTURED HOUSING (Yw///;»(V
Registration and titling-(y«;//;/;((Y/
-Tianslcrs-(Y;/;///i»(v/
--Title endorsements and alternatives. 23:5533
—Use tax. 25:5667
-Tiuek eainpers. not previoiislv registered in state.
25:5523
-Use tax
--Lxemptions. 25:5668
- -Payment of, 25:5667
-Warehouseman's lien sales, aeqiiired through,
25:5597
Reloeation assistanee, 25:61 12
Reloeations. lieenses. 25:5024
-Kees. 25:5040
Reporting requirements
-Registration and titling
See Registration and titling, this heading
Repod of sale, tiling fee. 25:5043
Repossessions, reponing, 25:5590. 25:5591
Roots. 25:4049.3
Sales
See also Dealers, this heading
-Dealer added eharges, 25:50.54
-Report of. HIing fee. 25:5043
Salespersons
-Change ol employment, 25:5026
-Continuing edueation
Sec Continuing edueation for dealers and sales-
persons, this heading
-9()-day eertilieatc holders
--Appliealion for eertitieate
Change, eorreetion. or replaeement, 25:5038
Review, 25:5092
— Ceiliheate expiration. 25:5090
— Change of employment loeation. notice. 25:5034
--Replacement certificate. 25:5036
— Supervision. 25:5094
-Ldueation requirements
See Education requirements for dealers and
salespersons, this heading
-Representations. 25:5057
Scope of regulations. 25:5001
Settlements, monetaty penalties for. 25:5083
Smoke detectors. 25:4049.3
Snow loads. 25:4049.3
Sprinkler svstems, 25:4300-25:4324
-Applicability, 25:4300
-Construction methods and workmanship, 25:4314
-Detinitions, 25:4304
-improper operation, restrictions on .sale of home,
25:4306
-Information and installer certification tag, 25:4318
-Installation requirements, 25:4308
-Maintenance instructions, 25:4322
-Materials, types and standards, 25:4312
-NFPA 13D standard
— Incorporation by reference, 25:4302
— Resolution of disputes over requirements.
25:4310
-Placement and size of holes and notches, 25:4316
-Repairs and alterations. 25:4324
-Testinii requireinents. 25:4320
Title
See Reeistration and titling, this heading
Ventilation, 25:4049.3
Violations
-Complaints, 25:5081
Waivers of escrow, 25:5063
Walls, 25:4049.3
MANUFACTURERS
Factory-built housing
See FACTORY-BUILT HOUSING
Manufactured homes
See MANUFACTURED HOUSING
Mobile homes
See MOBILE HOMES
Targeted tax area program, 25:8448-25:8448.15
See also TARGETED TAX AREA PROGRAM
MARIN COUNTY
Housing programs, income limits, 25:6932
MARIPOSA COUNTY
Housing programs, income limits, 25:6932
MARKETS AND MARKETING
Adveilising
See ADVERTISING
Affirmative inarketing plans
-Homeownership assistance program, 25:7934
Hoineownership assistance prograin
-Affirmative marketing plans, 25:7934
MARKS-FORAN RESIDENTIAL REHABILITA-
TION PROGRAM
See HOUSING REHABILITATION PROGRAM
MEALS
Mess halls in labor camps. 25:734-25:742
MECHANICAL SYSTEMS
See also AIR CONDITIONING; HEATING
Conmiercial coaches. 25:4414-25:4506
See also COMMERCIAL COACHES
Mobile homes. 25:4049.7
Recreational vehicles. 25:4665-25:4680
See also RECREATIONAL VEHICLES
MENDOCINO COUNTY
Housing programs, income limits, 25:6932
MERCED COUNTY
Housing programs, income limits, 25:6932
MESS HALLS
Labor camps
See EMPLOYEE HOUSING
MICE
See RODENTS
MIGRANT HOUSING CENTERS
See also EMPLOYEE HOUSING: MIGRANT
SERVICES OFFICE
Admissions, 25:7610-25:7616
-Application. 25:7613
--Notification to applicants, 25:7615
--Verification of applicant inforination, 25:7614
-Eligibility, 25:7610
-Lease, 25:7616
-Priorities, 25:761 I
-Requirements, 25:7613
Alterations to, 25:7665
Complaints and grievances, 25:7630-25:7646
-Bilingual requirements, 25:7631
-Due process hearing, 25:7637
-Generally, 25:7630^
-Hearing
— Decisions, 25:7640-25:7643
--Due process, 25:7637
—Evidence, 25:7639
— Nonappearance of party or representation,
25:7638
— Procedure, 25:7639
— Request, 25:76.34
— Scheduling, 25:76.36
--Selection of officer or panel, 25:7635
— Transcript, 25:7639
-Inapplicability of procedure, 25:7646
-Presentation of grievance, 25:7632
-Summary of discussion, 25:7633
-Trial de novo, 25:7641
-Waiver of procedure, 25:7644
Contractors, 25:7660-25:7665
-Alterations by, 25:7665
-Maintenance, 25:7662
-Records, 25:7663
-Regulations, applicability, 25:7661
-Responsibilities, 25:7660
Damage charges. 25:7622
Definitions, 25:7602
Eligibility for admission, 25:7610
Evictions, 25:7642, 25:7646
Forms
-Lease, 25:7623
Hearings
See Complaints and grievances, this heading
Leases, 25:7616, 25:7620-25:7624
-Contents of lease, 25:7623
-Damage charges, 25:7622
-Form, 25:7623
-Local rules and regulations, 25:7620
-Rents, 25:7621
MIGRANT HOUSING CENTERS (V)/;/;/(h«/
Leascs-(Y';///;;M(Y/
-Resident's handbook. 25:7624
Occupancy standards. 25:7612
Rent. 25:7621. 25:7650-25:7653
-Increases. 25:7653
-Schedule, 25:7650
Resident council, 25:7664
Resident's handbook, 25:7624
MIGRANT LABOR
Farmworker housing grants, 25:7200-25:7239
,SV<' also FARMWORKER HOUSING GRANTS
Housing centers
Sec MIGRANT HOUSING CENTERS
Labor camps
Sec EMPLOYEE HOUSING
MIGRANT SERVICES OFFICE, 25:7601 25:7665
Adinissions to migrant centers, 25:7610-25:7616
Sec also MIGRANT HOUSING CENTERS
Aliens, qualification for public benefits,
25:6935-25:6939.4
Applications for admis.sion to miirranl centers,
25:7613-25:7616
Complaints. 25:7630-25:7646
Contractors. 25:7660-25:7665
Definitions. 25:7602
Federal law and regulations, appJicabilitv, 25:7601
Hemngs, 25:7630-25:7646
Sec also MIGRANT HOUSING CENTERS, sub-
heading: Complaints and grievances
Leases, 25:7620-25:7624
See also MIGRANT HOUSING CENTERS
MILITARY SERVICE
Manufactured housing registration
-Exemption from in lieu taxation, 25:5663
MINES AND MINING
Temporary housing, 25:8
MINORITIES, DISCRIMINATION AGAINST
Sec ;^cncrall\ DISCRIMINATION; HOUSING
DISCRIMINATION
MOBILE HOME PARK RESIDENT OWNERSHIP
PROGRAM, 25:8000-25:8032
Agreements, 25:8024
Aliens, eligibihty, 25:6935-25:69.39.4
Alternative repayment schedules, 25:8004
Applicafions, 25:8012
Approval of projects, 25:8016
Authority of provisions, 25:8000
Blanket loans, 25:8008, 25:8026
Commitment of funds. 25:8016
Conversion loans, 25:8006
Defaults, 25:8032
Definitions, 25:8002
Disbursement of funds, 25:8028
Displacements, 25:8020
Documenis, 25:8022
Eligibility. 25:8004
Foreclosures, 25:8032
Loans
-Blanket loans, 25:8008, 25:8026
-Commitments, 25:8012
-Conversion loans, 25:8006
-Disbursement of funds, 25:8028
-Individual loans, 25:8008, 25:8010. 25:8026
-Maximum, 25:8004
-Originafion and servicing agreements, 25:8024
Monitonng, 25:8030
Rating of projects, 25:8014
Relocation, 25:8020
Reporting, 25:8030
Review of projects, 25:8014
Scope of provisions, 25:8000
Workouts, 25:8032
MOBILE HOME PARKS
See also -generally MOBILE HOMES
Abatement, permanent buildings, 25:1610
Aliens, qualification for public benefits,
25:5802-25:5818
-Assistance program, 25:6935-25:6939.4
Animals, restrictions, 25:1 1 14
Applicability of provisions, 25:1000, 25:1 100
20
MOBILE HOME PARKS
CALIFORNIA CODE OF REGULATIONS
MOBILE HOME PARKS-cy>«/;/;««/
Assistance program. 25:800()-25;H032
.S<'(' al.so MOBILE HOME PARK RESIDENT
OWNERSHIP PROGRAM
CEQA compliance. 2.^:1030
Complaint investigations, 25:1004.5
Construction. 25: r044-25:1050
-Completion, permit to operate, 25:1010
-Inspections. 25:1048
-Permanent buildings, 25:1388
-Permits
—Applications, 25:1020.6
---Approvals required. 25:1032
—Extensions. 25:1038
— Eees. 25:1020.7
—Penalty fees. 25:10.50
— Requirements. 25:1018
-Stop work orders, 25:1046
Conversion to resident-owned subdivision, coopera-
tive, condominium, or nonprofit organization
-Registration requirements of units. 25:5613
Delinitions, 25:1002
Emergency information posted. 25:1 122
Enforcement, local. 25:1004
-Cancellation of enforcement responsibility.
25:1005
-Revocation of authority. 25:1005.5
-Transfer of authority, 25:1006
Equivalent means to meeting requirements
-Approval, 25:1016
Excavations, 25:1045
Fire hydrants, 25:1310-25:1319
Fire safety, 25:1300-25:1319
-Alternate fire suppression systems, 25:1310
-Applicability of provisions, 25:1300
-freezing, protection of equipinent aaainst.
25:1314
-Hydrants, 25:1310-25:1319
—Private, 25:1316-25:1319
Certification, 25:1317
Compliance for park operation, 25:1319
Operation requirements, 25:1316
Testing, 25:1317
Violations, coirection, 25:1318
—Water flow, 25:1316
-hiformation posted. 25:1122
-Instructions, 25:1305
-Local code enforcement, 25:1302
-Local regulations, 25:1304
-Lot water connections, 25:1308
-Operator's duties, 25:1305
-Permanent buildings, 25:1388
-Permits. 25:1306 "
-Private systems, 25:1312
-Scope of provisions, 25:1300
Grading, 25:1045, 25:1116
Identification of lots, 25:1 104
Inspections of construction, 25:1048
Investigations of complaints, 25:1004.5
Lighting. 25:1108
Local enforcement. 25:1004
-Appeals, petition to review order, 25:1758
-Cancellation of enforcement responsibility.
25:1005
-Revocation of authority, 25:1005.5
-Transfer of authority, 25:1006
Lots
-Identification, 25:1104
-Lot lines, 25:1104-25:1105
-Occupancy, 25:1118
-Occupied area, 25:1 1 10
Low-income housing assistance
See MOBILE HOME PARK RESIDENT OWN-
ERSHIP PROGRAM
Numbering of lots, 25:1 104
Occupancy of lots, 25:11 18
Occupied area of lot, 25:1 1 10
Ovi/ners' responsibilities, 25:1102
Penalty fees, 25:1009
Permanent buildings, 25:1380-25:1388
-Abatement, 25:1610
-Applicability of provisions, 25:1382
-Construction. 25:1388
-Electrical .systems, 25:1388
MOBILE HOME PABKS-cdiiriniied
Permanent bu\\(\m<2S"C(>ntiiiiied
-Energv conservation. 25:1388
-Eire safety. 25:1388
-Euel gas systems. 25:1388
-Plumbing systems. 25:1388
-Removal for violations. 25:1619
-Scope of provisions. 25:1382
-Substandard. 25:1605
Permits. 25:1018
-Alterations
— Applications. 25:1020.6
—Fees. 25:1020.7
-Construction
--Approvals required. 25:1032
--Penalty fees. 25:1050
-Fire safety. 25:1306
-Permit to operate
—Amended, 25:1014
— Applications, documentation, 25:1007
— Construction completion. 25:1010
— Copies for Division of Codes and Standards,
25:1012
--Fees, 25:1008
—Required. 25:1006.5
Plans and specifications, 25:1034
Public sales of units located in, registration require-
ments, 25:5596
Rental housing construction program.
25:8075-25:8103
Resident ownership program. 25:8000-25:8032
Responsibilities of owners. 25:1 102
Roadways. 25:1106
-Grading. 25:1116
Rubbi.shrdispo.sal. 25:1120
Scope of rules. 25:1000. 25:1100
Shower facilities. 25:1 1 12
Special occupancy parks
See SPECIAL OCCUPANCY PARKS
Specifications, 25:1034
Stop work orders, 25:1046
Substandard buildings. 25:1605
Swimming pools. 25:1042
Technical service fees, 25:1017
Toilets, 25:1112
Waste disposal. 25:1120
MOBILE HOMES
See also COMMERCIAL COACHES: FACTO-
RY-BUILT HOUSING: MANUFACTURED
HOUSING; RECREATIONAL VEHICLES
Abatement actions, 25:1611-25:1617
-Costs, 25:1618
-Failure to abate, consequences, 25:1617
-Final notice. 25:1612
-Hearings. 25:1615
— Notice of time and place. 25:1613
—Request for, 25:1613
— Time to bring action. 25:1616
-Notice. 25:1611-25:1612
-Removal of building or structure, 25:1619
-Substandard buildings and structures, 25:1610
Accessory buildings and structures
-Abatement, 25:1610
-Applicability of provisions. 25:1422
-Awnings. 25:1466-25:1474
See also Awnings, this heading
-Building components, construction and installa-
tion, 25:1520
-Cabanas, 25:1444-25:1464
See also Cabanas, this heading
-Calculations. 25:1434
-Carports, 25:1478
See also Carports, this heading
-Compliance. 25:1424
-Construction, 25:1432
-Distance from mobile home, 25:1428
-Electrical systems, 25:1436
-Exits. 25:1429
-Foam building systems, flammability. 25:1442
-Garages, private. 25:1443
-Load bearing capacity, calculations and tests.
25:1434^
-Location, 25:1428
-Mechanical systems, 25:1438
MOBILE HOMES-(Y^/;///(h<y/
Accessory buildings and sirucUiK^-coiiliniied
-Permits.' 25:1424
—Applications. 25:1020.3
—Eees, 25:1020.4
-Plumbing systems, 25:1440
-Porches,^25: 1 496-25: 1 502
See also Porches, this heading
-Ramadas, 25:1486
See also Ramadas. this heading
-Ramps, 25:1506
-Removal for violations. 25:1619
-Roof live loads. 25:1433. 25:1433.1
-Scope of provisions. 25:1422
-Stairways. 25:1498-25: 1506
-Standard plan approval. 25:1518
-Standard plan approvals
--Application and fee requirements. 25:1020.9
-Storage buildings. 25:1443
-Storage cabinets, 25:1510
-Substandard conditions, 25:1608
-Tests, 25:1434
Actions
-Abatements
See Abatement actions, this heading
-Inspections, after. 25:4012
Additions, 25:4040.5
-Applications. 25:4042
Administrative agencies
-Federal regulations (reprinted). 25:4060
Advertising, 25:5050-25:50.57
See also MANUFACTURED HOUSING
Air conditioning systems
-Electrical installations, 25:1185
-Federal regulations (reprinted), 25:4070
-Installation, 25:1360
Alterations. 25:4040
-Applications, 25:4042
-Exemptions, 25:4041
Alternate means to meeting requirements, 25:4008
-Approval. 25:1016
-Commercial modulars. 25:1399
Aluminum standards, federal regulations
(reprinted), 25:4070
Anchoring, federal regulations (reprinted). 25:4070
Appeals of violations, 25:4045
-Applicability of regulations, 25:1750
-Hearings, 25:1756
—Notice, 25:4046
—Results, 25:4046.5
-Informal conference, 25:1754
— Request for. 25:1752
— Request for appeal of decision rendered in,
25:1756
-Petition to review local enforcement agency order,
25:1758
-Procedure, 25:4046.7
-Scope of regulations, 25:1750
Appliances
-Electrical installations, 25:1185
-Federal regulations (reprinted), 25:4070
Applicability of rules, 25:4002, 25:4049.1, 25:4050
Applications
-Additions, 25:4042
-Alterations, 25:4042
-Conversions, 25:4042
-Earthquake-resistant bracing
—Certification, 25:1372
Review and notice of department decision.
25:1372.4
— Notice of decision, 25:1377
—Permits, 25:1374.6
Decision, 25:1377
Review, 25:1377
-Electrical systems. 25:4016
-Mechanical systems, 25:4016
-Model plans, 25:4017
-Non-conforming, 25:4022
-Plumbing systems, 25:4016
-Quality control manuals, 25:4018
Authority for provisions, 25:4000
Awnings, 25:1466-25:1474
-Construction, 25:1468
-Design, 25:1468
TITLE 25 INDEX
MOBILE HOMES
MOBILE HOMES^raiiiiiiiu'd
Awnings-(YJ/;////;/(v/
-Dimensions. 25:1470
-Hnclosures. 25:1474
-Koiinclalions. 25:1472
-Gas piping. ex(encling over. 25:1216
-FeiiiiiUed. 25:1466
Cabiinas. 25:1444-25:1464
-Ceilnig heighl. 25:1448
-Conslrueiion. 25:1446
-Design. 25:1446
-Dimensions. 25:I44H
-hieelrieal systems. 25:1460
-hnergy standards. 25:1464
-Floors, 25:1452
-Light. 25:1458
-Location. 25:1428
-Permitted. 25:1444
-Support system. 25:1450
-Ventilation. 25:1458
-Windows. 25:1458
Calculations. 25:4019
-Accessory huildings. 25:I4.M
Carpeiing.'25:4()49J
-hire prevention
--Federal regulations (reprinted). 25:4070
Carports. 25:^478
-Construction. 25:1478
-Design. 25:1478
-Freestanding. 25:1478
-Gas piping, extending over. 25:1216
Ceiling heights
-Cabanas. 25:1448
-Federal regulations (reprinted). 25:4070
Certilicate of occupancy
-Installation compliance, 25:1366
Certihcalion
Federal regulations (reprinted), 25:4060
-Fire hydrants, private, 25:1317
Clearances
-Installation, 25:1,344
Clothes dryers
-Federal regulations (reprinted). 25:4070
Commercial coaches
Sec COMMFRCIAL COACHES
Commercial modulars
-Application of rules. 25:1382
-Installation permit, alternate approval. 25:1399
-Scope otfules, 25:1382
Complaints
-Federal regulations (reprinted), 25:4060
-Investigation, 25:4013.5
Construction, 25:4049.3
-Accessory huildings, 25:1432
-Awnings, 25:1468
-Building components. 25:1520
-Cabanas, 25:1446
-Carports. 25:1478
-National Mobile Home Construction and Safety
Standards Act, reprinted, 25:4060, 25:4070
-Porches, 25:1498
-Ramadas, 25:1486
-Stairways. 25:1498
Contracts
-Third-party approval and enforcement. 25:4874
Conversions, 25:4040
-Applications, 25:4042
-Exemptions, 25:4041
Data plates, federal regulations (reprinted), 25:4070
Dealers
See also MANUFACTURED HOUSING, sub-
heading: Dealers
-Federal regulations (reprinted). 25:4060
DeHniiions. 25:1002, 25:4004
-Federal regulations (reprinted). 25:4060. 25:4070
Design approval, 25:4015, 25:4850-25:4884
See also Third-party approval and enforcement,
this heading
Di.seontinuance of model, 25:4029
Distance between, 25:1330
Distributors
See also MANUFACTURED HOUSING, sub-
heading: Distributors
-Federal regulations (reprinted). 25:4060
MOBILE HOMES-( w)/;/;w(y/
Doors
See Exits, this heading
Earthquake-resistant bracing
-Amendment of rules. 25:1374.2
-Applicability of provisions. 25:1370
-Calculations. 25:1372.6
-Certihcation, 25:1370.2
--Application. 25:1372
Review and notice of department decision.
25:1372.4
--Plans. 25:1372.4
—Revisions. 25:1374
-Change in address, ownership, or name of manu-
facturer, notice. 25:1374.4
-Construction, 25:1371
-Corrections. 25: 1375.2
-Design. 25:1371
-Enforcement, 25:1370.4
-Fees. 25:1025
-Inspections, 25:1375
— Reinspections. 25:1375.2
Application form. 25:1377 Appx. A
-Installation, 25:1374.7
— Perinit application, 25:1374.5
-Labeling. 25:1371
-Notice
— Certification application, department decision.
25:1.372.4
— Change in address, ownership, or name of man-
ufacturer, 25:1374.4
--Permit application, department decision, 25:1377
-Penalties. 25:1370.4
-Permit applications. 25:1374.6
— Decision. 25:1377
— Notice of decision. 25:1377
--Review, 25:1.377
-Plans, 25:1372.2
--Expiration. 25:1373
-Scope of provisions, 25:1370
-Tests, 25:1372.6
Electrical systems. 25:1130-25:1190, 25:4049.9
-Accessory buildings, 25:1436
-Access to electrical equipment, 25:1 183
-Air conditioning. 25:1 185
-Aluminum conductors. 25:1176
-Appliances, 25:1185
-Applicability of rules., 25:1 130, 25:1 134
-Applications. 25:4016
-Cabanas. 25:1460
-Circuit breakers. 25:1150. 25:1151
-Conductors. 25:1134
--Aluminum conductors, 25:1176
--Approval and listing, 25:1136
--Grounding, 25:1166
--Overcurrent protection. 25:1148
-Disconnecting. 25:11.50. 25:1151, 25:1190
-Distribution systems, 25:1 140
-Energizing, 25:1138
-Equipment approval tuid listing, 25:1 136
-Existing installations, 25:1188
-Federal regulations (reprinted), 25:4070
-Feeder assembly, installation. 25:1352
-Grounding. 25:1152-25:1166
— Conductors, 25:1166
— Connections, 25:1162
— Equipment, 25:1 153
--Feeder assembly, 25:1 164
— Ground-fault protection, 25:1152
— High voltage, primary systems, 25:1156
— Low voltage, primary systems, 25:1154
--Primary systems, 25:1 L54, 25:1156
—Secondary systems, 25:1 158, 25:1160
— Service equipment, 25:1 158
--Units, 25:1163
-High voltage installations, 25:1134
— Grounding, 25:1156
-Main switch, 25:1150
-Material approval and listing, 25:1136
-Mechanical protection, 25:1178
-Meters, 25:1180
-Outdoor equipment, protection, 25:1170
-Overcurrent protection, 25:1148
-Overhead conductors. 25:1 134
MOBILE HOMES-conliinied
Electrical sysicms-coiitiniied
-Permanent' buildings, 25:1 132, 25:1388
-Receptacles, 25:1 180, 25:1 186
-Scope of regulations, 25:1 130
-Service equipment, 25: 1 1 80-25: 1 1 84
—Access to. 25:1183
— Connections. 25:1 180
--Grounding, 25:1 158
--Installation. 25:1 182
— Location on lot. 25:1 184
—Meters. 25:1180
— Portable equipment receptacles. 25:1 180
--Rating. 25:1180
—Receptacles. 25:1 180, 25: 1 186
-State electrical code, applicability. 25:1 134
-Underground conductors, 25:1 134
-Voltage drop. 25:1 146
Employee housing. 25:9()()-25:908
See also EMPLOYEE HOUSING
Energy conservation
-Parks, permanent buildings. 25:1388
Energy requirements, 25:4049,3
-Cabanas, 25:1464
Enforcement of provisions, 25:4005
Environmental impact reports
-Parks. 25:1030
Equipment. 25:4006
-Department disapproval. 25:4007
Equivalents. 25:4008
Exits. 25:4049.3
-Accessory buildings, 25:1429
-Doorways. 25:1368
-Federal regulations (reprinted). 25:4070
Factory-built housing installation. 25:1019
Federal regulations
-Applicability. 25:4070
-Reprinted. 25:4060, 25:4070
Fees, 25:4044
-Accessory buildines and structures, permit fees.
25:1020.4
-Alterations, permit fees, 25:1020.7
-Alternate means to meeting requirements. 25:1016
-Construction permits, 25:1020.7
--Penalty fees, 25:1050
-Earthquake-resistant bracing, 25:1025
-Foundation permits, 25:1020.1
-Installation permits, 25:1020.1
-Monitoring, 25:4010.5
-Permit to operate
—Amended. 25:1014
—Annual fees, 25:1008
—Penalty fees, 25:1009
-Refunds, 25:4038
-School impact fees, 25:1338.5
-Standard plan approvals, 25:1020.9
-Technical services, 25:1017
Fences
-Height, 25:1514
-Location, 25:1514
Financial assistance to purchase
See generally HOMEOWNERSHIP ASSIS-
TANCE PROGRAM
Eire prevention, 25:4049.3, 25:4050
-Accessory buildings
— Foam building systems, flammability, 25:1442
-Federal regulations (reprinted), 25:4070
-Parks
See MOBILE HOME PARKS
Firestoppinc
-Federal regulations (reprinted), 25:4070
Flame spread limitations
-Federal regulations (reprinted), 25:4070
Rood plain management ordinances, compliance.
25:1339
Floors, 25:4049.3
-Cabanas, 25:1452
Foam building systems, flammability
-Accessory buildings, 25:1442
Foam plastic thermal insulating materials
-Federal regulations (reprinted), 25:4070
Foundations
-Application for permit, 25:1020
-Installation, 25:1333
MOBILE HOMES
CALIFORNIA CODE OF REGULATIONS
MOBILE HOMES-contiinied
Fimn&MionH-i'ontiiiiied
-I'emiii fees, 25:1020.1
-Standard plan approvals
--Application and fee requirements, 25:1020.9
Frame construction
-Federal regulations (reprinted), 25:4070
Fuel gas systems, 25:1200-25:1236, 25:4049.7
-Applicability of regulations, 25:1200
--Federal regulations, 25:1206
--Mechanical code, 25:1208
--Plumbing code, 25:1208
— IJntired Pressure Ves.sel Safely Orders, 25:1210
-Awning extending over piping, 25:1216
-Carport extending over piping, 25:1216
-Cathodic protection systems, 25:1206
-Conduit, 25:1216
-Conosion control, 25:1206
-Disconnecting, 25:1236
-Federal regulations
—Applicability, 25:1206
--Reprinted. 25:4070
-Installation. 25:1216, 25:1354
-Installations
Sec MOBILE HOME PARKS
-Liquefied petroleum gas, 25:1210-25:1212
-Lot outlets, 25:1222 "
-Mechanical code, applicability, 25:1208
-Mechanical protection, 25:1228
-Metallic piping systems, 25:1206
-Meters, 25:1226
-Outlets, 25:1222
-Permanent buildings, 25:1388
-Pipeline Safety Law, applicability, 25:1206
-Piping systems, 25:1200-25:1236
-Plastic piping systems, 25:1206
-Plumbing code, applicability, 25:1208
-Regulators, 25:1228, 25:1229
-Relief vents, 25:1229
-Scope of rcaulations, 25:1200
-Shuloff valves, 25:1218, 25:1220
-Size of piping, 25:1232
-Supply requirements, 25:1230
-Unfired Pressure Vessel Safety Orders, applicabil-
ity, 25:1210
Fuel oil tanks, 25:1234
Garages, private. 25:1443
Gas systems
See Fuel gas systems, this heading
Guardrails on porches, 25:1502
Hallways, federal regulations (reprinted), 25:4070
Handrails
-Ramps, 25:1506
-Stairways, 25:1504
Hearings
-Abatement actions, 25:1615
— Notice of time and place, 25:1613
—Request for, 25:1613
— Time to bring action. 25:1616
-Appeals, 25:1750-25:1758
— Informal conference, 25:1752-25:1756
—Notice, 25:4046
—Results, 25:4046.5
-Federal regulations (reprinted), 25:4060
Heating systems, 25:4049.3, 25:4049.7
-Federal regulations (reprinted), 25:4070
Homeownership assistance program
See ^enerallv HOMEOWNERSHIP ASSIS-
TANCE PROGRAM
Housing and urban development department regula-
tions, reprinted, 25:4070
Identification, 25:4030-25:4037
Insignia, 25:4030-25:4037
-Affixed prior to leaving manufacturing plant,
25:4032-25:4034
-Application for, 25:4034.5
— Plan approval, pursuant to, 25:4034
— Requested inspection, pursuant to, 25:4034.5
-Denial, 25:4035
-Lost or damaged, 25:4037
-Quality assurance agency, issuance by, 25:4882
-Removal, 25:4036
-Required. 25:4032
— Exceptions, 25:4033
MOBILE HOMES-conliiiiieel
Inspections, 25:4010
-Actions after. 25:4012
-Approval, 25:401 1
-Eailhquake-resistani bracing. 25:1375
— Reinspection, 25:1375.2
Application form. 25:1377 Appx. A
-Federal regulations (reprinted). 25:4060
-Fees, monitoring. 25:4010.5
-Installation. 25:1326
-Support structures, 25:1337
-Violations after, notice. 25:4013
Installation. 25:1320-25:1368. 25:4006
-Air conditioning systems. 25:1360
-Applicability of provisions. 25:1320
-Building components. 25:1520
-Certificate of occupancy, issuance upon compli-
ance. 25:1366
-Clearances. 25:1344
-Department disapproval. 25:4007
-Distance between. 25:1330
-Earthquake-resistant bracing. 25:1374.7
-Electrical feeder assembly. 25:1352
-Factory-built housing. 25:1019
-Flood plain management ordinances, compliance,
25:1339
-Foundation systems, 25:1333
-Gas connector. 25:1354
-Inspections, 25:1326, 25:1350
-Instructions, homes without. 25:1335.5
-Leveling. 25:1348
-Location, 25:13.30
-Mobilehome Installation Acceptance, issuance,
25:1366
-Permits, 25:1324
— Appfication, 25:1020
—Fees, 25:1020.1
-Roof live load. 25:1338-25:1338.1
-School impact fees, 25:1338.5
-Scope of provisions, 25:1320
-Sewage systems, 25:1358
-Skirting, design and constmction. 25:1,346
-Support structures, 25:13.34-25:1335.5
— Homes without instructions, 25:1335.5
--Inspection. 25:1337
— Manufacturer's instructions, 25:1335
--Without manufacturer's instructions, 25:1335.5
-Testing, 25:1362
-Tiedown systems
— Engineered, 25:1336.3
--Listed. 25:1336.1. 25:1336.2
-Underfloor enclosures, 25:1346
-UtiUties, 25:1328. 25:1333.5
— Tesring. 25:1.362
-Ventilation underneath. 25:1346
-Water connector, 25:1356
-Wind load calculation, 25:1336
Investigations
-Complaints. 25:4013.5
-Federal regulations (reprinted). 25:4060
Kitchens, fire prevention
-Federal regulations (reprinted). 25:4070
Labels
See Insignia, this heading
Leveling. 25:1348
Licenses
See MANUFACTURED HOUSING
Lighting, federal regulations (reprinted), 25:4070
Liquefied petroleum gas systems, 25:1210-25:1212
-Tanks, 25:1211-25:1212
Loads, structural. 25:4049.3
Locarion, 25:1330
Lot drain inlet, 25:1254-25:1268
-Generally, 25:1254
-Installation. 25:1358
-Pipe size. 25:1268
-Trap, 25:1258
-Venting, 25:1260-25:1266
-Waste loading value. 25:1268
Manufacturers
See also MANUFACTURED HOUSING, sub-
heading: Manufacturers
-Approval, 25:4009
-Federal regulations (reprinted), 25:4060, 25:4070
MOBILE HOMES-amliniied
MimufacluKTs-contiinied
-Name or address change, 25 4028
-National Mobile Home Construction and Safety
Standards Act. reprinted, 25:4060. 25:4070
-Ownership change, 25:4027
-Reports
— Federal regulations (reprinted). 25:4060
-Third-party approval and enforcement
See Third-party approval and enforcement, this
heading
Material standards, federal regulations (reprinted).
25:4070
Mechanical systems, 25:4049.7
-Accessory buildings. 25:1438
-Applications, 25:4016
Mobile Home Installation Acceptance, issuance,
25:1366
Model plans, applications, 25:4017
National Mobile Home Construction and Safety
Standards Act, reprinted, 25:4060, 25:4070
Notice
-Abatement hearing, time and place, 25:1613
-Earthquake-resistant bracing systems
— Certification application, department decision,
25:1372.4
— Change in address, ownership, or name of man-
ufacturer. 25:1374.4
— Permit application, department decision. 25:1377
-Federal regulations (reprinted), 25:4060
-Hearings, 25:4046
-Inspections, violations after. 25:4013
-Violations, 25:1611
— Final notice, 25:1612
Numbering, identification, 25:4030-25:4037
Permits, 25:1018
-Accessory buildings and structures. 25:1424
—Applications, 25:1020.3
—Fees, 25:1020.4
-Building components, 25:1520
-Commercial modulars, installation, 25:1399
-Construction
— Approvals required, 25:1032
—Penalty fees, 25:1050
-Earthquake-resistant bracing systems
— Applications
Decision. 25:1377
Notice of decision, 25:1377
Review, 25:1377
—Installation. 25:1374.5-25:1377
-Fire safety, 25:1306
-Foundations
— Application, 25:1020
—Fees, 25:1020.1
-Installations, 25:1324
— Application. 25:1020
—Fees, 25:1020.1
-Parks
See MOBILE HOME PARKS
Plans
-Accessory buildings and structures, 25:1518
— Standaid plan approvals, appfication and fee,
25:1020.9
-Amendments, 25:4026-25:4028
-Approval, 25:4015
—Changes, 25:4026-25:4028
--Evidence, 25:4023
— Expiration, 25:4024
— Federal regulations (reprinted), 25:4070
-Changes, 25:4026-25:4028
-Earthquake -resistant bracing, 25:1372.2
—Certification, 25:1372.4
—Expiration, 25:1373
-Evidence of approval, 25:4023
-Expiration of approval, 25:4024
-Federal regulations (reprinted), 25:4070
-Modifications. 25:4026-25:4028
-Nonconforming, 25:4022
Plumbing systems, 25:1240-25:1284, 25:4049.5
-Accessory buildings, 25:1440
-Apphcability of regulations, 25:1240
— Plumbing code, 25:1246
-Applications, 25:4016
-Drain inlet, 25:1254-25:1268
See also Lot drain inlet, this headina
TITLE 25 INDEX
MONO COUNTY
^^
MOBILE HOMES-coiiliniu'il
Plumbing sys\cms-ciinliini('(l
-Kcdcral regulations (rcprinled). 23:4070
-installation. 23:1252
-Lot drain inlet. 2.3:1254-2.3:1268
Sec (ils)i Lot drain inlet, this heading
-Permanent buildings. 23:1.^X8
-Plumbing eode. applieability, 23:1246
-.Seope of regulations. 23:1240
-Sewage disposal. 25:1248
-.Shower taeilities. 25:1 1 12
-Toilets. 23:1112
Vents. 23:1260-23:1266
— Loeation. 25:1262
--Required. 25:1260
--Size. 25:1260
— Suppon. 25:1262
--Systems without traps. 25:1266
— Wet vented systems. 25:1264
-Water eonditioning equipment, 25:1284
-Water serviee outlets. 25:1274-23:1284
See also Water serviee outlets, this heading
Porehes. 25:1496-23:1.302
-Conslruetion. 25:1498
-Design, 25:1498
-Hxits. 25:1496
-Guardrails, 25:1.502
-Support system, 25:1500
Prototypes, 25:4013.3
Purchase, hnaneial assistance
See ^cneruIN HOMEOWNERSHIP ASSIS-
TANCE PROGRAM
Quality assurance approval. 25:4850-25:4884
Sec also Third-pany approval and enforcement,
this heading
Quality control. 25:4025
-Manuals. 25:4018
Ramadas. 25:1486
-Construction. 23:1486
-Design. 25:1486
-Location, 25:1486
-Venting of roof. 23:1486
Ramps. 23:1506
Recreational vehicles
Sec RECREATIONAL VEHICLES
Refund of fees, 25:4038
Registration and titling, 25:3510-23:5668
See also MANUFACTURED HOUSING
Relocation assistance, 25:61 12
Removal for violations, 25:1619
Rental housing construction program,
25:8073-25:810.3
See also RENTAL HOUSING CONSTRUCTION
PROGRAM
Replacement housing for relocated owners or rent-
ers
Sec RELOCATION ASSISTANCE
Reporting requirements
-Manufacturers, federal regulations (reprinted),
25:4060
-Third-party approval and enforcement
— Activity reports, 25:4880
— Changes in entity, 25:4866
Roofs, 2^3:4049.3
-Live loads, 23:1338-23:1338.1
—Accessory buildings, 23:1433, 25:1433.1
— Federal regulations (reprinted), 25:4070
Room requirements
-Federal regulations (reprinted), 25:4070
Rulemaking
-Federal regulations (reprinted), 25:4060
Salespersons
See MANUFACTURED HOUSING, subheading:
Salespersons
School impact fees. 25:1338.5
Scope of provisions. 25:4002, 25:4049.1, 23:4050
-Substandard conditions and abatement, 23:1600
-Third-party approval and enforcement. 23:4830
Shower facilities
-Tub and shower enclosures, wall surfacing.
23:4884 Appx. RV-P-1
Skirting, design and construction, 25:1.346
Smoke detectors, 23:4049.3
Snow loads, 23:4049.3
MOBILE H0MES-(y;//////«^y/
Specifications
-Federal regulations (reprinted). 23:4070
Stairways, 23:1498-23:1506
-Construction, 25:1498
-Design. 23:1498
-Handrails, 25:1304
-Support system. 25:1500
Standard plan approvals
-Accessory buildings or structures, 25:1318
-Application and fee requirements. 25:1020.9
Steel standards
-Federal regulations (reprinted), 25:4070
Storage buildings. 25:1443
Storage cabinets, 25:1310
-Dimensions, 23:1310
-Location. 23:1310
Structural load tests
-Federal regulations (reprinted), 23:4070
Structural requirements, 25:4049.3
-Federal regulations (reprinted), 25:4070
Substandard conditions. 23:1 600-23: 1619
-Abatement, 23:1611-25:1617
See also Abatement actions, this heading
-Accessory buildmgs. 23:1608
-Applicability of provisions. 23:1600
-Mobile home units. 25:1606
-Notice of violation, 25:161 1
--Final notice, 23:1612
-Orders to correct, 23:161 1
-Permanent buildings, 25:1605
-Recreational vehicles, 23:1607
-Scope of provisions, 23: 1600
Support structures, 23:1334-23:1335.5
-Cabanas, 25:1450
-Footings
— Areas subject to ground freezing, 25:1334.4
--Uneven surfaces, on, 25:13.34.5
-Installation
— Homes without instructions, 25:1335.5
— Inspection, 23:1337
-Manufacturer's instructions, 23:1333
-Mechanical connection
— Concrete piers, 23:1334.1, 23:13,34.2
--Steel piers, 23:1334.1
-Porches, 23:1300
-Stairways, 23:1500
-Vapor barriers, 25:1334.6
Swimming pools, 23:1042
Technical service. 23:4014
-Fees, 23:1017
Tests, 25:4019
-Accessory buildings. 23:1434
-Earthquake-resistant bracing, 25:1372.6
-Federal regulations (reprinted), 23:4070
-Installation, 23:1362
Thermal protection, federal regulations (reprinted),
23:4070
Third-party approval and enforcement,
25:4830-25:4884
-Activity reports, 23:4880
-Applicability of rules, 23:4850
-Application for approval
— Design approval agency, 25:4858
--Fees, 25:4884
— Processing time, 23:4864
— Quality assurance agency, 23:4838
— Quality assurance inspector, 25:4862
-Changes in entity, reporting, 25:4866
—Fees, 25:4884
-Conditions of approval
— Design approval agency, 23:4832
--Quality assurance agency. 25:4834
--Quality assurance inspector, 25:4836
-Conflict of interest, 25:4872
-Contracts, 25:4874
-Design approval agency
--Activity reports, 23:4880
--Application for approval, 23:4838
Fees, 23:4884
--Conditions of approval, 25:4852
--Operating procedures, 23:4870
—Procedures, 25:4870. 25:4876
-Fees, 23:4884
MOBILE HOMES-i-ouiiHiied
Third-partv approval and enforcement -(■r;/;//«/(ri'/
-Fraud. 2.3 4872
-Operating procedures, 23:4870
-Quality assurance agency
— Activity reports. 23:4880
— Application lor approval. 23:4858
— -Fees. 25:4884
— Conditions of approval. 25:48.54
— Insignia issuance and administration. 25:4882
— Operating procedures. 25:4870
—Procedures. 23:4870. 25:4878
-Quality assurance inspector
— Activity reports. 25:4880
— Application lor approval. 23:4862
Fees. 25:4884
— Conditions of approval. 25:4856
-Renewal of approval. 25:4868
—Fees. 25:4884
-Reporting requirements
— Activity reports. 25:4880
— Changes in entity. 25:4866
-Scope of regulations, 25:4850
Tiedown systems
-Engineered, 25:1336.3
-Li.s^ed, 25:13.36.1, 25:13.36.2
-Standard plan approvals, application and fee
requirements, 25:1020.9
Title
See MANUFACTURED HOUSING, subheadmg:
Registration and titling
Title VI procedural and enforcement regulations,
reprinted. 25:4060, 25:4070
Toilets, federal regulations (reprinted). 25:4070
Tub and shower enclosures, wall surfacing,
25:4884 Appx. RV-P-1
Underfloor enclosures, 25:1346
Utilities, installation, 25:1328, 23:1333.3
-Testing, 23:1362
Vapor baniers, 25:1334.6
Vehicle identification number (VIN),
25:4030-25:4037
-Exterior location on vehicle. 23:4031
-Federal regulations (reprinted), 23:4070
-Label requirements, 25:4031.5
-Unit identification, 25:4030
Ventilation, 23:4049.3
-Cabanas, 25:1458
-Federal regulations (reprinted), 25:4070
-Plumbing system.s, 25:1260-23:1266
-Ramadas, roof vents, 23: I486
-Underfloor area, 25:1346
Vv'alls, 23:4049.3
-Tub and shower enclosures, 25:4884 Appx.
RV-P-1
Water connectors
-Installation, 25:1356
Water service outlets, 25:1274-25:1284
-Fire safety, 25:1308
-Location. 25:1274
-Mechanical protection. 25:1280
-Pipe size. 25:1278
-Pressure, 25:1276
-Water conditioning equipment, 25:1284
Weather resistance, federal regulations (reprinted).
25:4070
Wet vented systems. 25:1264
Wind load calculation, 25:1336
Windows
-Cabanas, 23:1458
-Federal regulations (reprinted), 25:4070
Windstorm protection, federal regulations
(reprinted), 25:4070
Wood standards, federal regulations (reprinted),
25:4070
MODERATE-INCOME HOUSEHOLDS
Self-help housing program, 23:7330-23:7384
See also SELF-HELP HOUSING PROGRAM
MODOC COUNTY
Housing programs, income limits, 23:6932
MONO COUNTY
Housing programs, income limits, 25:6932
24
MONTEREY COUNTY
CALIFORNIA CODE OF REGULATIONS
MONTEREY COUNTY
Housing programs, income limits, 2^:6932
MORTGAGES
Sec also LOANS
Aliens, eligibility. 25: I2001-25:12I0S
CalHome program assistance, 25:7728-2.5:7731
Self-help housing program
-Mortgage assistance. 25:7560-25:7584
Single family program loans
-Aliens, eligibility. 25:12001-25:12108
MOTELS
See HOTELS AND MOTLLS
MOTOR VEHICLES
Commercial coaches
See COMMERCIAL COACHES
Mobile homes
See MOBILE HOMES
Recreational vehicles
See RECREATIONAL VEHICLES
MULTIFAMILY HOUSING PROGRAM,
25:7300-25:7336
Aftplications
-Process. 25:7317
-Rating of projects. 25:7320
-Submission. 25:7318
-Supportive housing loans. 25:7344
— Point scoring. 25:7346
Appraisal requirements. 25:7309
Audits, 25:7325
Construction requirements, 25:7316
Definitions. 25:7.301
-Supportive housing loans, 25:7341
Design features, limits, 25:7314
Funds, uses, 25:7304
Legal documents, 25:7321
Loans
-Cancellation, 25:7323
-Defaults, 25:7323
-Interest rate. 25:7308
-Maximum amounts, 25:7307
-Payments, 25:7308
-Rent write-down loans, 25:7327-25:7336
-Terms, 25:7306
-Types, 25:7306
Management and maintenance of developments,
25:7324
Miirket study, 25:7309
Operating budget. 25:7326
Operating reserves, 25:7.305
Over-income households, 25:731 1
Projects
-Eligibility, 25:7.302
-Rating, 25:7320
Purpose, 25:7300
Relocation of displaced residential tenants, 25:7315
Rent standards, 25:7312
Rent write-down loans, 25:7327-25:7336
-Amounts, 25:7330
-Applications, 25:7332
-Defaults and cancellations, 25:7334
-Eligibility of project, 25:7329
-Legal documents, 25:7333
-Management and maintenance, 25:7335
-Occupancy requirements, 25:7331
-Purpose, 25:7327
-Rent requirements, 25:7331
-Reports. 25:7336
-Sales, transfers, encumbrances, 25:7334
-Terms, 25:7330
Replacement reserves, 25:7305
Reports of sponsors, 25:7325
-Supportive housing loans, 25:7347
Sales, transfers, and encumbrances, 25:7322
Scope, 25:7300
Selection of projects, 25:7320
Sponsors
-Eligibility, 25:7303
-Management and maintenance of developments,
25:7324
-Reports, 25:7325
Supportive housing loans, 25:7340-25:7.347
-Applicability of rules, 25:7.340
MULTIFAMILY HOUSING PROGRAM-(Y;/;///;i/«/
Supportive housing lo'tins-eoniimied
-Applications. 25:7.'^44
— Point scoring. 25:7346
-Definitions. 25:7.M1
-Eligible projects. 25:7342
-Eligible sponsors. 25:7343
-Reports. 25:7347
-Supportive services plans. 25:7345
Uniform underwriting and program rules,
25:8300-25:8316
See also HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT
-Applicability, 25:7300.1
Use of funds, 25:7304
MUNICIPALITIES
Sec CITIES; LOCAL AGENCIES
N
NAPA COUNTY
Housing programs, income limits, 25:6932
NATIONAL ELECTRICAL CODE
Commercial coaches, applicability, 25:4380
Recreational vehicles, applicability, 25:4600
NATIONAL FIRE PROTECTION ASSOCIATION
STANDARDS
Recreational vehicles, applicability
-Electrical systems, 25:4600, 25:4624
-Mechanical systems, 25:4665
NATIONAL MOBILE HOME CONSTRUCTION
AND SAFETY STANDARDS ACT
Reprinted, 25:4060, 25:4070
NATIVE AMERICANS
Community development block grants. 25:7060,
25:7062, 25:7072
NEVADA COUNTY
Housing programs, income limits, 25:6932
NOISE CONTROL
Commercial coaches, 25:4370
NONPROFIT ORGANIZATIONS
CalHome program, 25:7715-25:7756
Sec also CALHOME PROGRAM
NOTICE
Abatement actions
-Lien. 25:70
-Manner of giving, 25:58
-Nuisances, 25:54
-Second notice, 25:60
Apartment owners, names and addresses to be
posted, 25:42
Child care facilities financing program
-Direct loan applications, 25:8270
-Loan guai-anty applications, 25:8259
Community development block grants
-Continuation of funding, 25:7066
Eminent domain, 25.6184, 25.6188, 25:6190
-Service, 25:6196
Employee housing, 25:924
-Authonty to serve, 25:923, 25:926
-Language, 25:624
-Posting, 25:625
Federal emergency shelter grants program
-Funding availability, 25:8403
Manufactured housing
-Licenses
— Applications
Notice of decisions, 25:5020.5
--Cancellation, 25:5082
-Prohibited sales, 25:.5082.5
Mobile homes
See MOBILE HOMES
Relocation assistance
-Notice of intent to displace, 25:6086
-Replacement housing, 25:6042
N0TICE-t7^/;//»t/(Y/
Rural dwellings, limited density owner-buill
-Findings. 25:90
Special occupancv parks
Sec SPECIAL OCCUPANCY PARKS
NUISANCES
See also ABATEMENT
Apartments, abatement. 25:48-25:70
Hotels and motels, abatement. 25:48-25:70
Housing, abatement, 25:48-25:70
o
OIL AND GAS
Gas piping systems
-Commercial coaches
See COMMERCIAL COACHES
-Mobile homes
See MOBILE HOMES
Liquefied petroleum gas
See LIQUEFIED PETROLEUM GAS
OIL PIPING SYSTEMS
Commercial coaches, 25:4455-25:4471
See also COMMERCIAL COACHES
OPEN RECORDS
See ACCESS TO INFORMATION
ORANGE COUNTY
Housing programs, income limits, 25:6932
OVENS
Commercial coaches
See COMMERCIAL COACHES, subheading:
Cooking appliances
OVERHEAD CONDUCTORS
Electrical systems
-Mobile home parks, 25:1134
-Special occupancy parks, 25:2134
PAINT
Lead-Base Paint Poisoning Prevention Act
-Community deyelopment block grants, applicabil-
ity to, 25:7094
PARKS
Mobile home parks
See MOBILE HOME PARKS
PARKS AND RECREATION
Special occupancy parks
See SPECIAL OCCUPANCY PARKS
PENALTIES
Housing violations, 25:72
-Employee housing, 25:940
Manufactured housing, registration and titling
-Commercial coaches, avoidance of, 25:5530.1
-Schedule of, 25:5660
PERMITS
Construction
See CONSTRUCTION
Employee housing, 25:626-25:654, 25:922, 25:932
Housing construction, 25:16
Manufactured housing
See MANUFACTURED HOUSING, subheading:
Licenses
Mobile homes
See MOBILE HOMES
Rural dwellings, 25:96, 25:106
Special occupancy parks
See SPECIAL OCCUPANCY PARKS
PERSONAL PROPERTY
Relocation assistance, losses of property
TITLE 25 INDEX
RECREATIONAL VEHICLES
23
PERSONAL PROPERTY (Y;/;///;Hrt/
I'iclocalion assistance, losses ol propei1y-<v;/;///;w(Y/
-Payments. 25:6092
PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION ACT
Housing and coniimiiiity development depanment
-Loans^md grants, eligihility. 25:6935-25:6939.4
-Qualitiealion tor public benelits, 25:5802-25:5818
Public housing benefits (or aliens
-Preemption of state regulation. 25:12105
PETS
Mobile home park restrictions. 25:1 1 14
.Special occupancy park restrictions. 25:21 14
PIPELINE SAFETY LAW
Mobile home parks, applicability. 25:1206
.Special occupancy parks, applicability. 25:2206
PLACEMENT PROGRAMS
haniilv housing demonstration program require-
ments. 25:8128
Relocation assistance
See RELOCATION ASSISTANCL
PLACER COUNTY
Housing programs, income limits. 25:6932
PLANTS, INDUSTRIAL
Targeted tax area program
S(r TARGETED TAX ARKA PROGRAM
PLUMAS COUNTY
Housing programs, income limits. 25:6932
PLUMBERS AND PLUMBING
Apailments. 25:30
Commercial coaches, 25:4514-25:4522
See alsd COMMERCIAL COACHES
Employee housing. 25:756-25:792
See also EMPLOYEE HOUSING
Hotels and motels, 25:30
Housing standards, 25:30
-Existing buildings, 25:32
--Hot water temperature, 25:32
Mobile homes
See MOBILE HOMES
Recreational vehicles, 25:4800
-Applications. 25:4016
Rural dwellings, limited density owner-built.
25:1.34
Special occupancy parks
Sec SPECIAL OCCUPANCY PARKS
POLITICAL ACTIVITY
Community development block erants. restrictions,
25:7092
POLITICAL REFORM ACT
See iicnerally CONETICT OF INTEREST
PORCHES
Mobile homes. 25:1496-25:1502
See also MOBILE HOMES
PREDEVELOPMENT LOAN FUND,
25:7000-25:7018
.S><' also HOUSING PREDEVELOPMENT
LOANS
PREFABRICATED HOUSING
See FACTORY-BUILT HOUSING
PROCUREMENT, STATE
Community development block erant standards.
25:7120
PROPANE
See LIQUEFIED PETROLEUM GAS
PROPERTY TAX
Local tax, manufactured housing registration
requirements, 25:5620-25:5623
PROPOSITION 84
Family housing demonstration program,
25:8110-25:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
Rental housing construction program,
25:8075-25:8103
.S>(' also RENTAL HOUSING CONSTRUCTION
PROGRAM
PUBLICATIONS
Migrant housing centers, resident's handbook.
^25:7624
PUBLIC EMPLOYEES
Conflict of interest
See CONFLICT OF INTEREST
PUBLIC RECORDS
See ACCESS TO INFORMATION: RECORD-
KEEPING REQUIREMENTS
PUBLIC SAFETY
Fire safety
See FIRE EXTINGUISHERS: FIRE PREVEN-
TION
PUBLIC UTILITIES
Mobile home connections, 25:1333.5
PUBLIC WORKS
Relocation assistance for displaced persons
See RELOCATION ASSISTANCE
PURCHASE AGREEMENTS
Manufactured housing, 25:5060-25:5064
R
RAMADAS
Mobile homes, 25:1486
See also MOBILE HOMES
Special occupancy parks, 25:2486
RAMPS
Mobile homes, accessory structures, 25:1506
Special occupancy parks, 25:2506
RATS
See RODENTS
REAL ESTATE
Conveyance of property
-Farmworker housing grant program, conveyance
for home ownership, 25:7228
Discrimination
See HOUSING DISCRIMINATION
Eminent domain
See EMINENT DOMAIN
Encumbrances
See ENCUMBRANCES
Environinental impact evaluations
See generally ENVIRONMENTAL QUALITY
ACT OF CALIFORNIA
Escrow
See ESCROW
Financing
See LOANS
Governinent acquisition
See EMINENT DOMAIN
Housing
See HOUSING
Leases
See generally LEASES
Mortgages
See MORTGAGES
Relocation assistance
See RELOCATION ASSISTANCE
RECIPROCITY
FaetoPi'-built housing, 25:3054
Recreational vehicle manufacturing standards,
25:4047-25:4047.6
RECORDKEEPING REQUIREMENTS
Access
See ACCESS TO INFORMATION
Coininunitv development block grants, 25:7102,
25:7106
-Procurement records. 25:7120
Disclosure
See ACCESS TO INFORMATION
Escrow agents
-Manufactured housing sales, 25:5064
Federal emergency shelter grants program, 25:8417
RECORDKEEPING REQUIREMENTS (y./;//////(y/
Housing rehabilitation program, 25:7697
Inspection
See ACCESS TO INFORMATION
Manufactured housing
-Dealers, continuing education, 25:5336
-Licenses, 25:501 T
— Access to information, 25:5070-25:5073
Migrant housing center contractors, 25:7663
Public recoids, access
See ACCESS TO INFORMATION
Rural dwellings, limited density owiier-built. 25:92
RECREATIONAL VEHICLES
See also MOBILE HOMES
Additions. 25:4040.5
-Applications. 25:4042
Alterations. 25:4040
-Applications. 25:4042
-Exemptions. 25:4041
Alternates. 25:4008
Appeals of violations, 25:4045
-Hearings
—Notice, 25:4046
—Results, 25:4046.5
Appliances
-Installation standards, 25:4680
Applicability of provisions, 25:4002. 25:4550
-Electrical systems, 25:4600
-Mechanical systeins, 25:4665
-Third-paily approval and enforcement. 25:4850
Applications
-Additions. 25:4042
-Alterations. 25:4042
-Conversions. 25:4042
-Electrical systems, 25:4016
-Mechanical systems, 25:4016
-Model pliuis, 25:4017
-Nonconforming, 25:4022
-Plumbing systems, 25:4016
-Quality control
—Manuals. 25:4018
Authority for provisions, 25:4000
Bathing facilities
-Wall surfacing for tub and shower enclosures,
25:4800 Appx. RV-P-1
Calculations, 25:4019
Complaints, investigation, 25:4013.5
Contracts, third-party approval and enforcement.
25:4874
Conversions, 25:4040
-Applications, 25:4042
-Exemptions, 25:4041
Definitions, 25:4004
Design approval, 25:4015, 25:4850-25:4884
See also Third-party approval and enforcement.
this heading
Discontinuance of model. 25:4029
Electrical systems, 25:4600-25:4626
-Applicability of regulations, 25:4600
-Applications, 25:4016
-Equipment standards, 25:4600
-Fuel-fired engine driven generators, 25:4626
-Ground-fault protection, 25:4619
-Incandescent lighting fixtures, 25:4605
-In.stallation standards, 25:4600
— Fuel-fired engine driven generators, 25:4626
-Low-voltage systems, 25:4603
— Incandescent lighting fixtures. 25:4605
-National electrical code, applicability, 25:4600
-National lire protection association standards.
applicability, 25:4600. 25:4624
-Rating in excess of 30 amperes, 1 15 volts,
25:4624
-Receptacles
— Ground-fault protection, 25:4619
-Scope of regulations, 25:4600
Employee housing, 25:900-25:908
Enforcement of provisions, 25:4005
Engine exhaust systems
-Insulation, 25:4.560
Equiptnent, 25:4006
-Department disapproval, 25:4007
Equivalents. 25:4008
Exits, 25:4049.3
26
RECREATIONAL VEHICLES
CALIFORNIA CODE OF REGULATIONS
RECREATIONAL VEHICLES-to/;/;;»/^f/
Fees. 25:4044
-Monitoring, 25:40 10.5
-Relunds. 25:4038
Fire safety
-Fire extinguishers, 25:4570
Hearings, appeals
-Notice, 25:4046
-Results, 25:4046.5
Identilication. 25:40.30-25:4037
Incidental camping areas
Sec iicncrullx SPECIAL OCCUPANCY PARKS
insignia, 25:4030-25:4037
-Application, 25:4034.5
-Denial, 25:4035
-Lost or damaged, 25:4037
-Quality assurance agency, issuance by, 25:4882
-Removal, 25:4036 ^
Inspections, 25:4010
-Actions after, 25:4012
-Approval, 25:401 1
-Fees, monitoring, 25:4010.5
-Notice of violations after, 25:4013
Installation, 25:4006
-Department disapproval, 25:4007
Investigation of complaints, 25:4013.5
Licenses
Sec MANUFACTURED HOUSING
Lighting, incandescent fixtures, 25:4605
Manufacturers
-Approval, 25:4009
-Multiple manufacturing locations. 25:4020
-Name or address change, 25:4028
-Out-of-state manufacturing, 25:4021
-Ownership change, 25:4027
Manufacturing
-Reciprocity,^25:4047-25:4047.6
— Application for, 25:4047.3
—Notice, 25:4047.6
Mechanical systems, 25:4665-25:4680
-Applicability of regulations, 25:4665
-Applications, 25:4016
-Equipment standards, 25:4665
-Installation standards, 25:4665, 25:4680
-Labels, 25:4670
-National fire protection association standards,
apphcabiiity, 25:4665
-Scope of regulations, 25:4665
Mobile home parks, substandard vehicles, 25:1607
Model plans, applications, 25:4017
Multiple manufacturing locations, 25:4020
Notice
-Appeals hearings, 25:4046
-Violations after inspections, 25:4013
Numbering, identification, 25:4030-25:4037
Out-of-state manufacturing, 25:4021
Paiks
-Special occupancy parks
See SPECIAL OCCUPANCY PARKS
Plans
-Amendments, 25:4026-25:4028
-Approval, 25:4015
—Changes, 25:4026-25:4028
—Evidence. 25:4023
—Expiration, 25:4024
-Changes, 25:4026-25:4028
-Evidence of approval, 25:4023
-Expiration of approval, 25:4024
-Modifications, 25:4026-25:4028
-Nonconforming, 25:4022
Plumbing systems, 25:4800
-Applications, 25:4016
-Wall surfacing for tub and shower enclosures,
25:4800 Appx. RV-P-1
Prototypes, 25:4015.5
Quality assurance approval, 25:4850-25:4884
See also Third-party approval and enforcement,
this heading
Quality control, 25:4025
-Manuals, 25:4018
Reciprocity for manufacturing standards,
25:4047-25:4047.6
-Application for, 25:4047.3
-Notice. 25:4047.6
RECREATIONAL VEHICLES-(vw//«»(y/
Recreational trailer parks
See .generally SPECIAL OCCUPANCY PARKS
Refund of fees. 25:4038
Reporting requiremenls
-Third-paity approval and enforcenieni
— Activity reports. 25:4880
— Changes in entily, 25:4866
Rodent resistance, 25:4580
Scope of provisions. 25:4002, 25:4550
-Electrical systems. 25:4600
-Mechanical systems. 25:4665
-Third-party approval and enforcement. 25:4850
Special occupancy parks
Sec SPECIAL OCCUPANCY PARKS
Technical .service. 25:4014
Tent camps
See iieiicralh- SPECIAL OCCUPANCY PARKS
Tests, 25:4019
Third-party approval and enforcement,
25:4850-25:4884
-Activity reports. 25:4880
-Applicability of regulations, 25:4850
-Application for approval
— Design approval agency, 25:4858
--Fees, 25:4884
— Processing time, 25:4864
--Quality assurance agency, 25:4858
--Quality assurance inspector. 25:4862
-Changes in entity, reporting, 25:4866
--Fees, 25:4884 '
-Conditions of approval
— Design approval agency, 25:4852
--Quality assurance agency, 25:4854
— Quality assurance inspector, 25:4856
-Conflict of interest. 25:4872
-Contracts, 25:4874
-Design approval agency
— Activity reports. 25:4880
— Application for approval, 25:4858
Fees, 25:4884
— Conditions of approval, 25:4852
— Operating procedures, 25:4870
— Procedures, 25:4870, 25:4876
-Expiration of approval, 25:4868
-Fees, 25:4884
-Fraud. 25:4872
-Operating procedures, 25:4870
-Quality assurance agency
— Activity reports, 25:4880
— Application for approval, 25:4858
Fees, 25:4884
--Conditions of approval, 25:4854
— Insignia issuance and administration, 25:4882
--Operating procedures. 25:4870
—Procedures. 25:4870. 25:4878
-Quality assurance inspector
— Activity reports, 25:4880
— Application for approval, 25:4862
Fees, 25:4884
— Conditions of approval, 25:4856
-Renewal of approval, 25:4868
—Fees, 25:4884
-Reporting requirements
— Activity reports, 25:4880
— Changes in entity, 25:4866
-Scope of regulations, 25:4850
Travel trailer parks
See generally SPECIAL OCCUPANCY PARKS
Truck campers, registration and titling,
25:5510-25:5668
See also MANUFACTURED HOUSING
Vehicle identification number (VIN),
25:4030-25:4037
-Camper labels, 25:4031.5
-Exterior location on vehicle, 25:4031
-Unit identification, 25:4030
REFUSE
See WASTE DISPOSAL
REGISTRATION
Commercial coaches, floating homes, manufactured
housing, mobile homes, and truck campers,
25:5510-25:5668
See also MANUFACTURED HOUSING
REHABILITATION
Family housing demonstration program
-Seismic rehabilitation improvements, 25:8129
Farm labor housing rehabilitation loans
Sec FARMWORKER HOUSING GRANTS
Housing. 25:36
-CalHome program, owner-occupied properties,
25:7732-25:7735
-Family housing demonstration program,
2.5:8110-25:8142
-Relocation assistance, 25:6036
Housing rehabilitation program
See HOUSING REHABILITATION PROGRAM
RELIGIOUS DISCRIMINATION
See oeuewlly DISCRIMINATION
RELOCATION ASSISTANCE
Access to information
-Grievance claimants, by, 25:6166
Adoption of guidelines, 25:6000
Advisory program
-Applicable state and federal laws. 25:6032
-Evaluations, 25:6060
-Informational programs, 25:6046
-Minimum requirements, 25:6040
-Purpose, 25:6030, 25:6032
Affected property owners
-Payments, 25:6114
Alternate payments. 25:6098. 25:6100
Analysis of needs, 25:6048, 25:6052
Appeals, 25:6152
Applicability of provisions, 25:6004
-Federal law priority. 25:6018
Business replacements
-Payments. 25:6094
Certificate of eligibility
-Payments. 25:6110
Citizen participation. 25:6012
Committees
-Formation. 25:6012
Community development block grant projects,
25:7086
Complaints, 25:6150-25:6176
See also Grievances, this heading
Definitions. 25:6008
Demolition of buildings. 25:6036
Determinations, prior. 25:6010
Displacement
See also Replacement housing, this heading
-Obligations fulfilled before. 25:6014
-Prerequisites, 25:6014
-Stay of displacement pending grievance review,
25:6172
Effective date of provisions. 25:6004
Eligibility. 25:6010. 25:6034
Emergency housing and assistance program,
25:7950-25:7976
Evaluations, 25:6060
Eviction, 25:6058
Family housine demonstration program project,
25:8125
Farms
-Payments, 25:6094
Federal law priority, 25:6018
Fulfillment of responsibilities, public entity.
25:6014, 25:6016
Grievances. 25:6150-25:6176
-Access to files and records. 25:6166
-Appeals board. 25:6152
-Formal review and reconsideration. 25:6158
-Informal oral presentation. 25:6156
-Joint complainants. 25:6174
-Judicial review. 25:6176
-Notice
— Right of review, 25:6154
-Precedents. 25:6168
-Purpose of regulations. 25:6150
-Refusal to waive time limit on claim. 25:6160
-Request for further written information. 25:6156
-Request for review and reconsideration, 25:6156
— Extension of time limits, 25:6162
-Right of review, 25:6152
— Notice of rights, 25:6154
-Right to counsel. 25:6170
TITLE 25 INDEX
RENTAL HOUSING CONSTRUCTION PROGRAM
27
RELOCATION ASSISTANCE-(Y>/;m;;f(Y/
Gricvanccs-(Y)/;/(//i«Y/
-Scope of review. 25:6 LS8
-Stages ot review. 2.S:6l.S6
-Stay of displacement pending review. 25:6172
-Third-party review and recommendation. 2.5:6164
-Time requirements. 25:6158
--Kequest I'or review and reconsideration. 25:6156
Hxtension of time limils, 25:6162
Guidelines, adoption. 25:600(J
Housing predevelopment loan projects. 25:7008
Housing rehabilitation program. 25:7685
-Deferred-payment loan projects, 25:74,^8
hilorniauonai programs. 25:6046
Last resort housing. 25:6054
-Conformity with other laws. 25:61.^8
-Determination of need, 25:6122
-loint sponsoring. 25:61.^4
-Monitoring of production. 25:61, "^2
-Need deternnnalion. 25:6122
-Payments
--In lieu of. 25:61.16
-Plans
— Comments, 25:6126
— Compliance. 25:6128
— Development, 25:6124
--Feasibility. 25:6128
— Implementation, 25:6130
--Submission. 25:6126
-Production, monitoring. 25:6132
-Provision by relocating agency, requirements.
25:6139
-Purpose of payments. 25:6120
-Sponsoring, joint. 25:6134
Manufactured homes, 25:61 12
Mobile home park resident ownership program.
25:8020
Mobile homes. 25:61 12
Moving expenses
-Payments, 25:6090
Needs survey
Sec Surveys of needs, this heading
Neighborhood group participation, 25:6012
Notice
-Iment to displace, 25:6086
-Replacement housing, 25:6042
Outdoor advertising businesses
-Payments. 25:60%
Payments
-Affected property owners, 25:61 14
-Business replacements. 25:6094
— Alternate payments, 25:6100
-Certificate of eligibility, 25:61 10
-Claims
—Filing, 25:6088
-Fligibility. 25:6084
-Fai-ms. 25:6094
— Alternate pavments, 25:6100
-Filing of claims, 25:6088
-Individuals and families
— Alternate payments, 23:6098
-Last resort housing
— in lieu of payments, 25:6136
-Manufactured homes, 25:61 12
-Mobile homes, 25:6112
-Moving expen.ses, 25:6090
-Notice of intent to displace, 25:6086
-Outdoor advertising businesses, 25:6096
-Personal property losses, 25:6092
-Proration, 25:6106
-Public entities, by, 25:6082
-Purpose of provisions. 25:6080
-Replacement housing
— Homeowners, 25:6102
—Tenants, 25:6104
-Tax returns, submission, 25:6088
Personal property losses
-Payments, 25:6092
Plans, 25:6038
-Review, 25:61.52
Policy, 25:6002
Post-acquisition tenants, eligibility, 25:6034
Prior determinations, 23:6010
Proration of payments, 25:6106
RELOCATION ASS\SJANCE-niiitiiiiiC(l
Publicly-assisted rehabilitation residents, 25:6910
Purpose of guidelines, 23:6002
Rehabilitation of builduigs. 23:6036
Relocation plan. 23:6038
Rental housing
-Construct ion^program. 25:7814, 25:8091
Replacement housing. 25:6042
-Condition of housing
— Pavments. 23:6108"
-Notice. 25:6042
-Payments. 25:6102. 25:6104
— Condition of housing. 25:6108
Rules and regulatii)ns. adoption. 25:6006
Severability of provisions, 25:6020
Statement of purpose. 25:6002
Superseding provisions. 23:6004
Surveys of needs, 25:6048. 25:6052
-Failure to conduct timely and effective, 25:6030
Te/nporary housing, 25:6044
Termination of assistance, 23:6036
RENT
Emergency housing and assistance piogram,
2,5:7964-23:7965
Migrant housing centers, 23:7621, 23:7630-25:7653
Multifamily housing program standards, 25:7312
Temporary housing vouchers, federal grant pro-
gram, 23:8408
RENTAL HOUSING
Apartment buildings
See APARTMENT BUILDINGS
Construction program
See RENTAL HOUSING CONSTRUCTION
PROGRAM
Development programs
See RENTAL HOUSING DEVELOPMENT
PROGRAMS
Housing rehabilitation program, rental units
Sec HOUSING REHABILITATION PROGRAM,
subheading: Special user housing loans
RENTAL HOUSING CONSTRUCTION PRO-
GRAM, 25:6910, 23:7800-23:7892,
25:8073-23:8103
See also RENTAL HOUSING DEVELOPMENT
PROGRAMS
Administrative expenses, 25:8083
Affordable rents, calculation, 23:7806
Agreements, 23:7822. 23:7852. 25:8096
Ahens, eligibility, 25:6935-23:6939.4
Annuity funds, application for, 25:78.34
Appeals, 23:7862
Applicability of provisions, 23:7800
Applications, 23:7820, 23:7830-25:7846, 25:8093.
25:8094
-Annuity funds, for, 2.'=.:7834
-CHFA developments, 23:7878
-Committee review, 23:7842
-Decision on, 23:7844
-Development payment, for. 23:7832
-Feasibility account funds, for, 23:7838
-Management reserve funds, for, 23:7836
-Notice of proposed application, 23:7830
-Prerequisites, 23:7830
-Reconsideration, 25:7844
-Review
--Committee review, 25:7842
--Staff review, 25:7840
-Staff review, 25:7840
Appraisals, 23:8083
Breaches, 23:7870
-CHFA developments, 23:7892
Budgets, operating, 23:8102
CHFA developrnems, 25:7871-23:7892
-Applications, 23:7878
-Breach of contract, 23:7892
-Committee advice and actions, 23:7871
-Contracts, 25:7882
-Defaults, 25:7892
-Development standards and costs, 23:7874
-Financing, 25:7880
-Foreclosures, 23:7892
-Interagency operating agreements, 23:7876
-Investment return limits, 25:7890
RENTAL HOUSING CONSTRUCTION PRO-
GRAM--; Yw/l/z/Mfv/
CHFA developments-(Y;H///;»a/
-Rent adjustments. 25:7888
-Reporting requirements. 25:7884
-Site .selection, 23:7872
-Tenancy. 23:7886
-Termination ot assistance. 25:7892
-Transfers. 25:7892
Complaints. 23:7862
Component accounts, 25:7808
Construction requirements. 25:8092
Contracts. 25:7822. 25:7852
-CHFA developments. 25:7882
Cranston-Gonzale/ National Affordable Housing
Act
See LOW-INCOMF HOUSING
Defaults. 25:8099
-CHFA developments. 25:7892
Definitions. 25:7802. 25:8076
Development payment, application for. 25:7832
Development standards and costs
-CHFA developments. 25:7874
Disbursement of funds. 25:7846. 25:8097
Distributions
-Limits, 25:8089
Eligibility, 25:7810. 25:7812. 25:8077-25:8079.
25:8095
-Project eligibility. 25:8077
-Sponsor elicibility. 25:8078
-Use of funds. 25:8079
Emergency reserve accounts. 25:8103
Encumbrances. 23:8098
Equity, miniinum requirements, 23:8084
Evictions, 25:7860
Expenses, 23:7824
-Reports, 25:8101
Family housing demonstration program.
25:8110-25:8142
See also FAMILY HOUSING DEMONSTRA-
TION PROGRAM
Feasibility account funds, application lor, 25:783x
Foreclosures, 25:7870
-CHFA developments, 25:7892
HOME Investment Partnership Act program
See HOME INVESTMENT PARTNERSHIP ACT
PROGRAM
Housing finance agency developments
See CHFA developments, this heading
Inspections, 25:8101
Interagency operating agreements
-CHFA developments, 25:7876
Investment return limits. 25:7866
-CHFA developments. 25:7890
Leases, 23:7858
Legal documents, handling, 25:8096
Loans
-Cancellations, 25:8099
-Disbursement of funds, 25:8097
-Interest rales, 25:8082
-Maximum amounts. 25:8081
-Repayments, 25:8082
-Terms, 23:8080
-Types, 23:8080
Maintenance, 25:7868. 25:8100
Management, 25:7868, 25:8100
Management reserve funds, application for,
2.5^:7836
Market studies. 25:8083
Multifamily housing program, 25:7300-23:7336
See also MULTIFAMILY HOUSING PRO-
GRAM
Occupancy
See Tenancy, this heading
Operating budgets, 23:8102
Payment limits, 25:7816
-Enforcement, 25:7818
Priorities for allocations, 25:7804
Purpose of provisions, 25:8075
Relocation assistance, 23:7814
Relocation requirements. 25:8091
Rent
-Affordable rents, calculation. 25:7806
-CHFA developments, 23:7888
28
RENTAL HOUSING CONSTRUCTION PROGRAM
CALIFORNIA CODE OF REGULATIONS
RENTAL HOUSING CONSTRUCTION PRO-
GRAM-contliiiied
RcnX-coniinuccI
-Increases. 25:7864
-Kequirenienis. 25:8088
Repoiiing requirements. 25:7850, 25:8101
-CHFA clevelopmenls, 25:7884
Sales. 25:8098
Scope of provisions. 25:7800, 25:8075
Selection of projecis. 25:8095
Severability of provisions. 25:7801
Site selection. 25:7826
-CHFA clevelopmenls, 25:7872
Syndication ol' project, 25:8090
Tenancy, 25:7854-25:7860
-CHFA developments, 25:7886
-Hvietion. 25:7860
-Leases. 25:7858
-Occupancy procedures, 25:7858
--CHFA developments. 25:7886
-Occupancy standards. 25:7854. 25:8086
— CHFA developments. 25:7886
-Requirements. 25:8087
-Selection, 25:7856. 25:8087
—CHFA developments. 25:7886
-Termination, 25:7860
Transfers, 25:7870. 25:8098
-CHFA developments. 25:7892
RENTAL HOUSING DEVELOPMENT PRO-
GRAMS, 25:6910, 25:1 1001-25:1 1,505
.S£'(' also RENTAL HOUSING CONSTRUCTION
PROGRAM
Agency determinations, 25:1 1 101
Aliens, eligibility, 25:12001-25:12108
Authority of provisions, 25:11001
Criteria. 25:11102
Definitions. 25:11002
Earnings distributions, loans. 25:1 1 107
Eligibility. 25:11102
Employment opportunity. 25:1 1201. 25:1 1202
-Reporting requirements. 25:11202
Equal opportunity. 25:11201. 25:11202
-Emplovment. 25:11201. 25:11202
-Housing, 25:1 1201. 25:1 1202
Evictions, 25:11406
Facilities, nonhousing. 25:11 103
Grievances
-Sponsors, 25:11404
-Tenants, 25:1140.3
Housing di.serimination, 25:1 1201. 25:1 1202
Interest rates, loans, 25:1 1 105
Leases, 25:11402
Loan insurance
-Housing finance agency, by, 25:19001
Loans
-Conditions, 25:11104
-Earnings distributions, 25:1 1 107
-Interest rates, 25:11105
-Terms. 25:11104
Nonhousing facilities, 25:1 1103
Purpose of provisions, 25:11001
Qualifications, 25:11101
Reporting requirements
-Equal employment opportunity, 25:11202
Resident selection plan, 25:1 1401
Sponsors
-Grievances, 25:1 1404
Tenants
-Evictions. 25:11406
-Grievances. 25:11403
-Leases, 25:11402
-Selection, 25:11401
-Termination of tenancy, 25:1 1405
REPLACEMENT HOUSING
See RELOCATION ASSISTANCE
REPORTING REQUIREMENTS
CalHome program, 25:77.54
Commercial coaches
-Third-party approval and enforcement
— Activity reports, 25:4880
--Changes in entity, 25:4866
Community development block grants
-Annual reports, 25:7052
REPORTING REQUIREMENTS-cwi////w<7/
Communny development block gi-df\{s-c(inliiiLU'(l
-F'inancial reports. 25:7108
-Progiani pertbrniance. 25:71 10
Equal employment oppoilunity
-Rental housing development programs. 25:1 1202
Factory-built housing
-Design approval agencies. 25:3022.4
-Insignia of approval. 25:3041
-Quality control. 25:.3034.I, 25:3035.1
Family housing demonstration program. 25:8138
Farmworker housing grants. 25:7208
Federal emergency shelter grants program. 25:8417
HOME Investment Partnership Act program.
25:8216
Housing predevelopment loans. 25:7008
Housing rehabilitation program. 25:7695
-Owner-occupied housing, requirements. 25:8060
Manufactured housing, registration and titling
See manufactured" HOUSING
Mobile home manufacturers
-Federal regulations (reprinted). 25:4060
Mobile home park resident ownership program.
25:8030
Mobile home third-party approval and enforcement
-Activity reports. 25:4880
-Changes in entity, 25:4866
Multifamily housing program
-Rent write-down loans. 25:7336
-Reports of sponsors, 25:7325
-Supportive housing loans, 25:7347
Recreational vehicles, third-party approval and
enforcement
-Activity reports, 25:4880
-Changes in entity, 25:4866
Rental housing construction proeram, 25:78,50,
25:8101
-CHFA developments. 25:7884
Rental housing development programs
-Equal employment opportunity. 25:11202
REPOSSESSION
Manufactured housing, reporting, 25:5590, 25:5591
RESIDENTIAL HOTELS
Multifamily housing proeram. 25:7300-25:7336
Sec also MULTIFAMILY HOUSING PRO-
GRAM
Rental housing construction program,
25:8075-25:8103
See also RENTAL HOUSING CONSTRUCTION
PROGRAM
RESTROOMS
See TOILET FACILITIES
RIVERSIDE COUNTY
Housing programs, income limits, 25:6932
RODENTS
Commercial coaches
-Electrical systems, 25:4398
-Gas piping systems, 25:4453
Recreational vehicles, exterior openings, 25:4580
ROOFING
Commercial coaches
-Covenngs. 25:4363.6, 25:4379 Appx. CC-1
-Fastening of framing, 25:4360.9
-Members. 25:4.363.4
-Roof loads. 25:4359
-Roof trusses, testing. 25:4360.8
-Weather resistance, 25:4364
Manufactured homes, 25:4049.3
Mobile homes, 25:4049.3
-Accessory buildinss, live loads, 25:1433,
25:1433.1
-Load limits, 25:1338-25:1338.1
-Ramada, vents, 25:1486
Special occupancy parks
-Accessory structures, live loads, 25:2433
-Ramadas, vents, 25:2486
RUBBISH
See WASTE DISPOSAL
RURAL DWELLINGS, LIMITED DENSITY OWN-
ER-BUILT
Abatements, 25:84
RURAL DWELLINGS, LIMITED DENSITY OWN-
ER-BUILT-(w/////m(y/
Amendment of provisions, 25:82
Applicability of provisions, 25:74, 25:76. 25:126
Conditions. 25:122
Delinitions, 25:78
Electrical requirements. 25:130
-Installation requirements. 25:132
Fees, 25:120
Inspections. 25:108-25:1 14
-Notice. 25:114
-Requests. 25:1 14
-Required. 25:108
-Special inspections. 25:110
-Waivers. 25:112
Intent of provisions. 25:76, 25:124
Interpretations, 25:88
-Petitions, 25:86
Local standards, 25:80
Mechanical requirements, 25:128
Notice of findings, 25:90
Occupancy
-Certificate, 25:116
-Temporary, 25:1 18
Permits, 25:96
-Application for, 25:98
-Time periods, 25:106
Plans, 25:100
-Modifications, 25:104
-Waivers, 25:102
Plumbing requirements, 25:134
Presumptive evidence, 25:82
Purpose of provisions, 25:74. 25:124
Recording requirements. 25:92
Restrictions, 25:82
Violations, 25:94
RURAL PREDEVELOPMENT LOANS, 25:6910,
25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
SACRAMENTO COUNTY
Housing programs, income limits, 25:6932
SAFETY
Fire
See FIRE PREVENTION
SALES AND USE TAX
Manufactured housing registration use tax
-Exemptions, 25:5668
-Payment, 25:5667
SAN BENITO COUNTY
Housing programs, income limits, 25:6932
SAN BERNARDINO COUNTY
Housing programs, income limits, 25:6932
SAN DIEGO COUNTY
Housing programs, income limits, 25:6932
SAN FRANCISCO COUNTY
Housing programs, income limits, 25:6932
SANITATION STATIONS
See also SEWERS AND SEWAGE SYSTEMS
Special occupancy parks, 25:2270
-Warning signs, 25:2272
SAN JOAQUIN COUNTY
Housing programs, income limits, 25:6932
SAN LUIS OBISPO COUNTY
Housing programs, income limits, 25:6932
SAN MATEO COUNTY
Housing programs, income limits, 25:6932
SANTA BARBARA COUNTY
Housing programs, income limits, 25:6932
SANTA CLARA COUNTY
Housing programs, income limits, 25:6932
TITLE 25 INDEX
SPECIAL OCCUPANCY PARKS 29
SANTA CRUZ COUNTY
Housing programs, income limits. 25:6^32
SCHOOLS AND SCHOOL DISTRICTS
Mobile home inslallalions. school impact tees.
25:13.38..^
SEISMIC STRUCTURAL SAFETY STANDARDS
Sec HAF^THQUAKHS
SELF-HELP HOUSING PROGRAM,
25:7.S30-25;7.'^84
Application process. 25:7540-2.'S:7344
Conditional commitment ot I'unds. 25:7.'S44
Dderred payiiieni loans. 2.');7570-25:7576
-Amount of loan. 2.'S:757()
-Conditions. 25:7512
-Hligibilitv. 25:7570. 25:7576
-Terms. 25:7572
Dehnilions. 25:7532
Funds, use. 25:7542
Mongage assistance. 25:7560-25:7584
Sec iiLso MORTGAGES
-Agreement. 25:7564
-Amount and lemis, 25:7562
-Assumption of" loan, 25:7574
-Cooperative housing coiporations, 25:7576
-Dclened payment loans. 25:7570-25:7578
-Development assistance, 25:7580-25:7584
--Deed to secure, 25:7584
—Funds, use, 25:7582
— Terms and conditions, 25:7584
-Hligible uses of funds, 25:7560
-Resale ol assisted unit, 25:7574
-Subsid) assistance to reduce mortgage, 25:7578
Purpose ol provisions, 25:7530
Scope of provisions, 25:7530
■'Sweat-equity," defined, 25:7532
Technical assistance grants. 25:7550-25:7556
-Amount and term, 25:7552
-Disbursement of funds, 25:7556
-Funds, use. 25:7550
-Technical assistance standard agreement, execu-
tion, 25:75.54
SENIOR CITIZENS
Housing rehabilitation, deferred payment loans,
25:7400-25:7438
See alsd HOUSING REHABILITATION PRO-
GRAM
SETTLEMENTS
Manufactured housing violations, 25:5083
SEWERS AND SEWAGE SYSTEMS
Employee housing, 25:784-25:792
,S>^> also EMPLOYEE HOUSING
Mobile home parks. 25:1248
Mobile homes, drain installation, 25:1358
Recreational vehicle sanitation stations
See SANITATION STATIONS
Special occupancy parks, 25:2248
-Drain installation, 25:2358
-Sanitation stations, 25:2270
— Warning signs, 25:2272
SEX DISCRIMINATION
Sec iicHcralh DISCRIMINATION
SHASTA COUNTY
Housing programs, income limits, 25:6932
SHELTER PROGRAMS
Sec EMERGENCY HOUSING AND ASSIS-
TANCE PROGRAM
SHOWERS
Mobile hoines, tub and shower enclosures, wall
surfacing, 25:4884 Appx. RV-P-1
SIERRA COUNTY
Housing programs, income limits, 25:6932
SISKIYOU COUNTY
Housing programs, income limits, 25:6932
SMOKE DETECTORS
Manufactured housing, 25:4049.3
-Registration requirements, 25:5545
Mobile homes, 25:4049.3
SNOW LOADS
Commercial coaches. 25:4360
Manufactured hoines, 25:4049.3
Mobile homes, 25:4049.3
-Accessory structures. 25:1432
SOLANO COUNTY
Housing programs, income limits, 25:6932
SOLID WASTE
Sec WASTH DISPOSAL
SONOMA COUNTY
Housing programs, income limits, 25:6932
SPECIAL OCCUPANCY PARKS
Abatement actions, 25:261 1-25:2617
-Camping cabins, 25:2610
-Costs. 25:2618
-Failure to abate, consequences, 25:2617
-Final notice, 25:2612
-Hearings. 25:2615
— Notice of time and place. 25:2613
--Request for. 25:2613
--Time to bring action. 25:2616
-Notice, 25:261^1-25:2612
-Permanent buildings, 25:2610
-Removal of building or structure. 25:2619
-Substandard buildings and structures, 25:2610
Accessory structures
-Abatement, 25:2610
-Applicability of provisions, 25:2003, 25:2422
-Awnings, 25:2466-25:2474
-Cabanas. 25:2444
-Calculations, 25:2434
-Carports, 25:2478
-Clearances, 25:2344
-Compliance, 25:2424
-Construction, 25:2432
-Llectrical systems, 25:2436
-Exits, 25:2496
-Foam building systems, Hammabilily, 25:2442
-Garages, private. 25:2443
-Load bearing capacity, calculations and tests,
25:2434
-Location, 25:2428
-Mechanical systems, 25:2438
-Permits, 25:2424
— Applications, 25:2020.3
--Fees, 25:2020.4
-Plumbing systems, 25:2440
-Porches,"25:2496-25:2502
-Ramadas, 25:2486
-Ramps, 25:2506
-Removal for violations, 25:2619
-Roof live loads. 25:2433
-Scope of provisions, 25:2422
-Skirting, design and construction, 25:2346
-Stairways, 25':2498-25:2506
-Standard plan approvals, 25:2518
— Application and fee requirements, 25:2020.9
-Storage buildings, 25:2443
-Storage cabinets, 25:2510
-Substandard conditions, 25:2608
-Support piers and footings, 25:2334
-Tests, 25:2434
-Underlloor enclosures, 25:2346
-Ventilation underneath. 25:2346
Air conditioning systems
-Electrical installations, 25:2185
-Installation, 25:2360
Alternate means to meeting requirements
-Approval. 25:2016
-Commercial modulars, 25:2399
Animals, restrictions, 25:21 14
Appeals
-Applicability of regulations, 25:2750
-Formal hearings. 25:2756
-Informal conferences, 25:27,54
—Request for, 25:2752
--Request for formal hearing, 25:2756
-Petition to review local enforcement agency order,
25:2758
-Scope of regulations, 25:27.50
Appliances
-Electrical installations, 25:2185
SPECIAL OCCUPANCY PMKKS-contmiied
Applicabilitv of provisions, 25:2000, 25:2100
-Appeals, 25:2750
-Substandard conditions and abatement, 25:2600
Awnings, 25:2466-25:2474
-Construction, 25:2468
-Design, 25:2468
-Dimensions, 25:2470
-Enclosed, exits. 25:2429
-Enclosures, 25:2474
-Foundations, 25:2472
-Gas piping, extending over, 25:2216
-Location, '25:2428
-Permitted, 25:2466
Cabanas, 25:2444
Calculations
-Accessory structures. 25:2434
Camping cabins
-Abatement, 25:2610
-Construction and installation, 25:2327
-Permits, applications, 25:2020.3
-Substandard conditions, 25:2609
Carports, 25:2478
-Gas piping, extending over, 25:2216
-Location, 25:2428
CEQA compliance, 25:2030
Certification
-Fire hydrants, private, 25:2317
Clearances
-Accessory structures, 25:2344
Commercial modulars
-Application of rules, 25:2382
-Installation permit, alternate approval. 25:2399
-Scope of rules, 25:2382
Complaints
-Investigations, 25:2004.5
-Substandard conditions, 25:261 1
Construction, 25:2044-25:2050
-Accessory structures, 25:2432
-Awnings, 25:2468
-Cabanas, 25:2444
-Camping cabins, 25:2327
-Carports, 25:2478
-Completion, permit to operate, 25:2010
-Inspections, 25:2048
-Landings, 25:2498
-Permanent buildings, 25:2388
-Permits, 25:2018
--Applications, 25:2020.6
— Approvals required, 25:2032
—Extensions, 25:2038
—Fees, 25:2020.7
--Penalty fees, 25:2050
-Porches, 25:2498
-Ramadas, 25:2486
-Stairways, 25:2498
-Stop work orders, 25:2046
Definitions, 25:2002
Distance between units, 25:2330
Electrical systems, 25:2130-25:2190
-Accessory buildings, 25:2436
-Access to electrical equipment, 25:2183
-Air conditioning, 25:2185
-Aluminum conductors, 25:2176
-Appliances, 25:2185
-Applicability of rules, 25:21,30, 25:2134
-Circuit breakers, 25:2150, 25:2151
-Conductors, 25:2134
— Aluminum conductors, 25:2176
--Approval and listing, 25:2136
— Grounding, 25:2166
— Overcurrent protection, 25:2148
-Disconnecting, 25:2150, 25:2151, 25:2190
-Distribution systems, 25:2140
-Energizing, 25:2138
-Equipment approval and listing, 25:2136
-Existing installations, 25:2188
-Feeder assembly, installation, 25:2352
-Grounding, 25:2152-25:2166
— Conductors, 25:2166
— Connections, 25:2162
—Equipment, 25:2153
— Feeder assembly, 25:2164
— Ground-fault protection. 25:2152
30
SPECIAL OCCUPANCY PARKS
CALIFORNIA CODE OF REGULATIONS
SPECIAL OCCUPANCY PAHKS-a mliinied
Ekxlrical system^-voiitiiiiied
-GYOimd'ing-coiirbiuc'il
— High voltage, primary sysieiiis. 2>;2L'i6
— Low voltage, primary systems. 2.^:2154
--Primary systems. 2.'S:2154. 25:2156
— Seeondary systems. 25:2158. 25:2160
— -Serviee equipment. 25:2158
—Units. 25:2163
-High voltage installations, 25:21.^4
— Grounding. 25:2156
-Main switch, 25:2150
-Material approval and listing. 25:2136
-Mechanical protection. 25:2178
-Meters, 25:2180
-Outdoor equipnient. protection, 25:2170
-Overcunent protection. 25:2148
-Overhead conductors. 25:2134
-Permanent buildings. 25:2132, 25:2388
-Receptacles. 25:2 fsO. 25:2186
-Scope of regulations. 25:2130
-Service equipment, 25:2180-25:2190
--Access to. 25:2183
— Connections, 25:2180
—Grounding, 25:2158
—Installation. 25:2182
— Location on lot. 25:2184
--Meters, 25:2180
— Poilable equipment receptacles. 25:2180
—Rating, 25:2180
—Receptacles, 25:2180, 25:2186
-State electrical code, applicability, 25:2134
-Underground conductors, 25:21.34
-Utility equipment, lot location, 25:2126
-Voltage drop, 25:2146
Emergency information posted, 25:2122
Energy conservation, permanent buildings, 25:2388
Enforcement, local. 25:2004
-Cancellation of enforcement responsibility.
25:2005
-Revocation of authority. 25:2005.5
-Transfer of authority, 25:2006
Environmental impact reports, 25:2030
Equivalent means to meeting requirements
-Approval. 25:2016
Excavations, 25:2045
Exits, awning enclosures. 25:2429
Fees
-Accessor)' structures, permit fees. 25:2020.4
-Alterations, permit fees, 25:2020.7
-Alternate means to meeting requirements. 25:2016
-Construction permits, 25:2020.7
—Penalty fees. 25:2050
-Permit to operate
— Amended, 25:2014
—Annual fees, 25:2008
—Penalty fees, 25:2009
-Standard plan approvals, 25:2020.9
-Technical services, 25:2017
Fences
-Height. 25:2514
-Location, 25:2428, 25:2514
Fire hydrants, 25:2310-25:2319
Fire safety, 25:2300-25:2319
-Alternate fire suppression systems, 25:2310
-Applicability of provisions, 25:2300
-Foam building systems, flammability, 25:2442
-Freezing, protection of equipment against,
25:2314
-Hydrants, 25:2310-25:2319
—Private, 25:2316-25:2319
Certification, 25:2317
Compliance for park operation, 25:2319
Operation requirements, 25:2316
— -Testing. 25:2317
Violations, correction, 25:2318
— -Water How, 25:2316
-Information posted, 25:2122
-Instructions, 25:2305
-Local code enforcement, 25:2302
-Local regulations, 25:2304
-Lol water connections. 25:2308
-Operator's duties, 25:2305
-Permanent buildings, 25:2388
SPECIAL OCCUPANCY PARKS, Y;//?//;i/(Y/
Fire iiixt'c\.\-ciiiitiiiuec/
-Fermits."25:2306
-Private systems. 25:2312
-Scope of provisions, 25:2300
Foam building systems, flammabiliiy
-Accessory buildings. 25:2442
Foundations, installation. 25:2333
Fuel gas systems. 25:2200-25:2236
-Applicability of regulations, 25:2200
— Federal regulations. 25:2206
—Mechanical code, 25:2208
--Plumbing code. 25:2208
— Unfired Pressure Vessel Safety Orders. 25:2210
-Awning extending over piping. 25:2216
-Carpon extending over piping, 25:2216
-Cathodic protection systems. 25:2206
-Conduit, 25:2216
-Conosion control. 25:2206
-Disconnecting. 25:2236
-Federal regulations
—Applicability. 25:2206
-Installation. 25:2216. 25:23.54
-Liquefied petroleum gas, 25:2210-25:2212
-Lot outlets. 25:2222 "
-Mechanical code, applicability. 25:2208
-Mechanical protection. 25:2228
-Metallic piping systems. 25:2206
-Meters. 25:2226
-Outlets. 25:2222
-Permanent buildings, 25:2388
-Pipeline Satety Law, applicability, 25:2206
-Piping systems, 25:2200-25:2236
-Plastic piping systems, 25:2206
-Plumbing code, applicability, 25:2208
-Regulators. 25:2228, 25:2229
-Relief vents, 25:2229
-Scope of regulations. 25:2200
-Shutoff valves, 25:2218, 25:2220
-Size of piping, 25.2232
-Supply requirements, 25:2230
-Unfired Pressure Vessel Safety Orders, applicabil-
ity, 25:2210
-Utility equipment, lot location. 25:2126
Garages, private, 25:2443
Grading, 25:2045, 25:2116
Guardrails for porches, 25:2502
Handrails
-Ramps, 25:2506
-Stairways, 25:2504
Hearings
-Abatement actions, 25:2615
--Notice of time and place. 25:2613
— Request for, 25:2613
--Time to bring action, 25:2616
-Appeals, 25:27.50-25:2758
— Informal conferences. 25:2752-25:2756
Hydrants
-Fire safety, 25:2310-25:2319
-Private, 25:2316-25:2319
Idenlifieation of lots, 25:2104
Inspections
-Construction. 25:2048
-Support structures, 25:2337
Installations, 25:2320-25:2360
-Accessor}' structures
— Skirting, design and construction. 25:2346
— Underfloor enclosures, 25:2346
--Ventilation underneath, 25:2346
-Air conditioning systems, 25:2360
-Applicability of provisions, 25:2320
-Camping cabins. 25:2327
-Clearances, 25:2344
-Distance between, 25:2330
-Electrical feeder assembly, 25:2352
-Foundation systems, 25:2333
-Gas connectors. 25:2354
-Location, 25:2330
-Permits, 25:2324
-Scope of provisions. 25:2320
-Support structures
--Inspection, 25:2337
-Towing hitches, removal, 25:2322
-Utilities. 25:2328
SPECIAL OCCUPANCY PAnKS-continucd
\\Kii\\\M\ons-((>iiiiiiucd
-Water connector, 25:2356
-Wheels, removal, 25:2322
Investigations of complaints. 25:2004.5
Landings, construction, 25:2498
Ligtiting. 25:2108
Liquefied petroleum gas systems. 25:2210-25:221!
-Tanks. 25:2211-25:2212
Local enforcement. 25:2004
-Appeals, petition to review order. 25:2758
-Cancellation of enforcement responsibilitv.
25:2005
-Revocation of authority. 25:2005.5
-Transfer of authority, 25:2006
Location. 25:2330
Lot drain inlet, 25:22.54-25:2268
-Generally. 25:2254
-Pipe size. 25:2268
-Trap, 25:2258
-Unit connections. 25:2358
-Venting. 25:2260-25:2266
-Waste loading value. 25:2268
Lots
-Identification. 25:2104
-Lot lines. 25:2104-25:2105
-Occupancy, 25:21 18
-Occupied area. 25:21 10
-Utility equipment location, 25:2126
Manufactured homes
-Applicability of rules. 25:2003
-Substandard conditions, 25:2606
Mechanical systems
-Accessory buildings. 25:2438
Mobile homes
-Applicability of rules, 25:2003
-Substandard conditions. 25:2606
Notice
-Abatement hearine. time and place, 25:2613
-Violations, 25:26h
--Final notice, 25:2612
Numbering of lots, 25:2104
Occupancy of lots, 25:21 18
Occupied area of lot. 25:21 10
Owners' responsibilities, 25:2102
Penalty fees, 25:2009
Permanent buildings. 25:2382-25:2388
-Abatement, 25:2610
-Applicability of provisions. 25:2382
-Construction, 25:2388
-Electrical systems, 25:2388
-Energy conservation, 25:2388
-Fire safety, 25:2388
-Fuel gas systems, 25:2388
-Plumbing systems, 25:2388
-Removal for violations, 25:2619
-Scope of provisions, 25:2382
-Substandard, 25:2605
Permits, 25:2018
-Accessory structures, 25:2424
—Applications. 25:2020.3
—Fees, 25:2020.4
-Alterations
— Applications, 25:2020.6
—Fees. 25:2020.7
-Commercial modulars, installation, 25:2399
-Construction
— Approvals required. 25:2032
—Penalty fees, 25:2050
-Fire safety, 25:2306
-Installations. 25:2324
-Operating permits
—Amended, 25:2014
— Applications, documentation, 25:2007
— Construction completion. 25:2010
— Copies for Division of Codes and Standaids.
25:2012
—Fees, 25:2008
—Required, 25:2006.5
Plans and specifications. 25:2034
-Accessory structures, 25:2518
— Standard plan approvals, application and fee.
25:2020.9
Plumbing systems, 25:2240-25:2284
TITLE 25 INDEX
TRUCK CAMPERS
31
SPECIAL OCCUPANCY PARKS-<v^/;///;»rt/
Plumbing syslc\us-t-o)iiiinu'(l
-Accessory builclings. 2^:2440
-Applicability of regiilaiions. 25:2240
- —Pliiinbinir code. 2'3:2246
-Drain inlcl. 25:2254-23:2268
-Installation. 25:2252
-Lot diain inlet. 25:2254-25:2268
-Permanent buildings. 25:2388
-Plumbing code, applicability, 25:2246
-Scope oi legulations. 25:2240
-.Sewage disposal. 25:2248
-Shower faeililies. 25:21 12
-Toilets. 25:21 12
-Vents. 25:2260-25:2266
--Location. 25:2262
--Required. 25:2260
— Si/e. 25:2260
-Suppoii. 25:2262
- -Systems without traps. 25:2266
— Wet vented systems. 25:2264
-Water conditioning equipment. 25:2284
-Water service outlets. 25:2274-25:2284
Porches. 25:2496-25:2502
-Construction. 25:2498
-Design. 25:2498
-Guaixlrails. 25:2502
-Suppoii svstem. 25:2500
Ramadas. 25:2486
Ramps. 25:2506
Removal ot buildins or structure for violations.
25:2619
Responsibilities ot owners. 25:2102
Roadways. 25:2106
-Grading. 25:2116
Root's of accessory structures, live loads. 25:2433
Rubbish, disposal. 25:2120
Sanitation stations. 25:2270
-Warning signs. 25:2272
Scope of rules. 25:2000. 25:2100
-Substandard conditions and abatement. 25:2600
Sewers and sewage systems. 25:2248
-Sanitation stations. 25:2270
--Warning signs. 25:2272
Shower laeilities. 25:2112
Skirting, design and construction. 25:2346
Specihcations. 25:20,M
Stairways. 25:2498-25:2506
-Construction. 25:2498
-Design. 25:2498
-Handrails. 25:2504
-Location. 25:2428
Standard plan approvals
-Accessory structures. 25:2518
-Application and tee requirements, 25:2020.9
Stop work orders. 25:2046
Storage buildings, 25:2443
Storaiie cabinets. 25:2510
Substandard conditions. 25:2600-25:2619
-Abatement. 25:2611-25:2617
-Accessory structures. 25:2608
-Applicabilitv of provisions. 25:2600
-Buildings. 25:2605
-Camping cabins. 25:2609
-Complarnts. 25:2611
-Manufactured homes. 25:2606
-Mobile home units. 25:2606
-Notice of violation, 25:261 1
— Final notice, 25:2612
-Orders to correct. 25:261 1
-Permanent buildings, 25:2605
-Recreational vehicles. 25:2607
-Scope of provisions. 25:2600
Support structures
-Accessory structures. 25:23,M
-inspection. 25:2337
-Porches. 25:2500
Swimming pools, 25:2042
Technical service fees, 25:2017
Tests
-Accessory structures. 25:2434
-Fire hydrants. 25:2317
Tiedown systems
-Standard plan approvals, application and fee
requirements. 25:2020.9
SPECIAL OCCUPANCY PAViKS-rontiinicd
Toilets, 25:2112
Towing hitches, removal, 25:2322
Undertloor enclosures. 25:2346
Utilities, installation. 25:2328
Utility equipinent. lot location, 25:2126
Ventilation
-Plumbing systems. 25:2260-25:2266
-Ramadas. roof vents. 25:2486
-Undertloor area. 25:2346
Waste disposal, 25:2120
Water service
-Connectors, installation. 25:2356
-Outlets, 25:2274-25:2284
—Fire safety. 25:2308
— Location, 25:2274
--Mechanical protection. 25:2280
--Pipe size. 25:2278
— Water conditioning equipment, 25:2284
-Pressuie, 25:2276
-Utility equipment, lot location. 25:2126
Wet vented systems, 25:2264
Wheels, removal, 25:2322
SPECIAL USER HOUSING REHABILITATION
PROGRAM, 25:7450-25:7480
.SV(' also HOUSING REHABILITATION PRO-
GRAM
SPRINKLER SYSTEMS
Manufactured housing, 25:4300-25:4324
See also MANUFACTURED HOUSING
STAIRS
Mobile homes, 25:1498-25:1.506
See also MOBILE HOMES
Special occupancy parks. 25:2498-25:2506
STANISLAUS COUNTY
Housing programs, income limits, 25:6932
STATE-OWNED LANDS
Surplus, sale, 25:6910
STEEL AND IRON
Mobile home construction, federal regulations
(reprinted), 25:4070
STORAGE CABINETS
Mobile homes, 25:1510
Special occupancy parks, 25:2510
SURVEYS
Relocation assistance
-Surveys of needs, 25:6048, 25:6050. 25:6052
SUTTER COUNTY
Housing programs, income limits, 25:6932
SWEAT-EQUITY
Defined for purposes of self-help housinc program,
25:7532
SWIMMING POOLS
Mobile home parks, 25:1042
Special occupancy parks, 25:2042
SYNDICATION
Family housing demonstration program project,
25:8124
TARGETED TAX AREA PROGRAM,
25:8448-25:8448.15
Addendum to application, 25:8448.9
Agency's address, 25:8448.3
Applications. 25:8448.4-25:8448,9
Conditional designation, 25:8448.12, 25:8448.14
Dehnitions, 25:8448
Description of area, 25:8448.5
Designation process, 25:8448.1
Economic development plan, 25:8448.6
-Evaluation. 25:8448.11
Effective date of designation, 25:8448.13
Eligible area, 25:8448.2
TARGETED TAX AREA PROGRAM <y-/;///;//(7/
EnvironiTiental impact report. 25:8448.7
Final designation, 25:8448.15
Resolution required. 25:8448.8
Review and evaluation ol applications, 25:8448.10.
25:8448.11
TAXATION
Targeted ta.\ area prooram. 25:8448-25:8448.15
See also TARGFTFI) TAX ARFA PROGRAM
TEHAMA COUNTY
Housing programs, income limits. 25:6932
TENANCY
See also RENTAL HOUSING
Family housing demonstration program, require-
ments. 25:8121
HOME Investment Partnership Act program
See HOME INVESTMENT PARTNERSHIP ACT
PROC}RAM
Housing rehabilitation program. 25:7682
Leases
See LEASES
Relocation assistance
.SV(^ RELOCATION ASSISTANCE
Rental housing construction program.
25:7854-25:7860. 25:8087
Rental housing development programs
See RENTAL HOUSING DEVFLOPMFNT
PROGRAMS
Special user housing rehabilitation proiiram.
25:7466
TENT CAMPS
See y,eiierall\ SPFCIAL OCCUPANCY PARKS
TENTS
Employee housing, 25:900. 25:910
TESTING
Commercial coaches
See COMMERCIAL COACHES
Fire hydrants, private
-Mobile home parks. 25:1317
-Special occupancy parks. 25:2317
Manufactured housing sprinkler .systems. 25:4320
Mobile home parks
See MOBILE HOME PARKS
Mobile homes
See MOBILE HOMES
Special occupancy parks, accessory structures.
25:2434
TITLE TO PROPERTY
Manufactured housing, inobile homes, commercial
coaches, truck campers, and floatinii homes,
25:55 10-25:.5668
See also MANUFACTURED HOUSING, sub-
heading: Registration and titling
TOILET FACILITIES
Employee housing, 25:760-25:766
See also EMPLOYEE HOUSING
Mobile homes, tederal regulations (reprinted).
25:4070
TRAILER HOMES
See MOBILE HOMES
TRAILERS
Recreational
See RECREATIONAL VEHICLES
TRAINING
Family housing demonstration program require-
ments, 25:8128
TRANSPORTATION
Targeted tax area program, 25:8448-25:8448.15
See also TARGETED TAX AREA PROGRAM
TRASH
See WASTE DISPOSAL
TRAVEL TRAILERS
See RECREATIONAL VEHICLES
TRINITY COUNTY
Housing programs, income limits, 25:6932
TRUCK CAMPERS
Registration and titling. 25:5510-25:5668
See also MANUFACTURED HOUSING
TULARE COUNTY
CALIFORNIA CODE OF REGULATIONS
TULARE COUNTY
Housing programs, income limits, 25:6932
TUOLUMNE COUNTY
Housing programs, income limils. 25:6932
u
UNEMPLOYMENT
Community development block grants
-Economic development allocations. 25:7062.1
-.Section 108 (42 U.S.C. .Sec. 5.^08) special loan
guarantees, 25:7062.3
Taigeted tax aiea prngfam. 25:8448-25:8448.15
.W al.st> TARGETED TAX AREA PROGRAM
URBAN HOUSING PREDEVELOPMENT
LOANS, 25:6910, 25:7000-25:7018
See also HOUSING PREDEVELOPMENT
LOANS
V
VECTOR CONTROL
Sec RODENTS
VENTILATION
C^oininercial coaches
See COMMERCIAL COACHES
Manufactured homes, 25:4049.3
Mobile homes. 25:4049.3
-Cabanas, 25:1458
-Federal regulations (reprinted), 25:4070
-Ramadas, roof vents, 25:1486
-Underfloor area, 25:1346
Special occupancy parks
-Accessory structures, underfloor area, 25:2346
-Ramadas, roof vents, 25:2486
VENTURA COUNTY
Housing programs, income limils, 25:6932
VETERANS
Manufactured housing registration, in lieu taxation
exemptions, 25:5665
VIOLATIONS
See PENALTIES
VOUCHERS
Enterprise zones, 25:8460-25:8467
Temporary housing, 25:8408
w
WAGES
Community development block grant projects,
25:7088
WAIVERS
Migrant housing centers, grievance procedures,
25:7644
WALLS
Commercial coaches, 25:4361
-Drilling, 25:4361.3
-Fastening of framing, 25:4360.9
-Firestopping, 25:4362.5
-Interior walls, 25:4360.4, 25:4374
-Notching, 25:4361.3
-Studs, 25:4361.3
Manufactured homes, 25:4049.3
Mobile homes, 25:4049.3
-Tub and shower enclosures, wall surfacing,
25:4884 Appx. RV-P-1
WAREHOUSES
Targeted tax iuva program. 25:8448-25:8448.15
See also TARGF.TED TAX AREA PROGRAM
WARNINGS
Employee housing. LPG tanks. 25:810
Special occupancy parks, sanitation stations,
25'2272
WASHING MACHINES
Employee housing, 25:768
WASTE DISPOSAL
Apailnient houses, health and safety requirements,
25:38
Employee housing. 25:742
Hotels and motels, health and safety requirements,
25:38
Labor camps. 25:742
Sewers
See SHWERS AND SEWAGE SY.STEMS
WATER
Commercial coach supply systems.
25:4518-25:4522
See also COMMERCIAL COACHES
Employee housing supply system. 25:770-25:774
See also EMPLOYEE HOUSING
Hot y\aler leniperatme, housing, 25:32
Mobile homes, 25:1274-25:1284
See also MOBILE HOMES
-Installation of systems, 25:1356
Special occupancy parks, 25:2274-25:2284
-Installation of systems, 25:2356
-Utility equipment, lot location. 25:2126
WATER HEATERS
Commercial coaches, safety devices. 25:4476.5
Employee housing, 25:834
WELFARE TO WORK PROJECTS
Child care facilities financing proaram,
25:8250-25:8273
See also CHILD CARE FACILITIES FINANC-
ING PROGRAM
WINDOWS
See also VENTILATION
Mobile homes
-Cabanas, 25:1458
-Federal regulations (reprinted). 25:4070
WIND PROTECTION
Mobile homes, federal regulations (reprinted),
25:4070
WOOD
Mobile home construction, federal regulations
(reprinted), 25:4070
YOLO COUNTY
Housing programs, income limits, 25:6932
YUBA COUNTY
Housing programs, income limits, 25:6932
ZENOVICH-MOSCONE-CHACON HOUSING
AND HOME FINANCE ACT
Rental housine development programs
See RENTAL HOUSING DEVELOPMENT
PROGRAMS
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