Section 2004 - 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 provisions 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 subject 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 provisions of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2.(2) Name of the agency or agencies delegated enforcement responsibilities.(3) A statement that the designated local enforcement agency will provide qualified personnel necessary to enforce Parts 2.1 and 2.3 of Division 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 responsibility 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 provisions 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 contained 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, including 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 Administrative 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.(d) The department shall determine the local agency's knowledge and ability to apply the requirements of Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2, and the applicable Health and Safety 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 enforcement and the designated department or departments responsible for enforcement and permit issuance.(f) Every enforcement agency shall comply with the verification of eligibility 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 ensure that the orderly transition of assumption of enforcement occurs when a park, or permanent building within a park, is under construction, the enforcement responsibilities for that construction shall be transferred, as well as all pertinent information pertaining to that construction including, but not limited to, plans, calculations, testing information, inspection reports and correction notices 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 department'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 sections 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 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 number, or contact person, it shall notify the Administrative Office of the department in writing within thirty (30) days of the change.Cal. Code Regs. Tit. 25, § 2004
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 and NOTE 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 subsection (g) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4). Note: Authority cited: Section 18865, Health and Safety Code. Reference: Sections 18862.17, 18865, 18870.6 and 18870.7, Health and Safety Code.
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 and Note 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 subsection (g) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).