Cal. Code Regs. tit. 25 § 4004

Current through Register 2024 Notice Reg. No. 39, September 27, 2024
Section 4004 - Definitions

Definitions contained in the California Health and Safety Code, Division 13, Part 2, Chapter 1 (commencing with section 18000) and the following shall govern this subchapter.

(a) Alteration. The conversion, replacement, addition, reconstruction, modification or removal of any equipment or installations which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system or the functioning thereof, of units subject to this subchapter.
(b) Carbon Monoxide Alarm. A device that detects the presence of carbon monoxide (CO) gas and sounds an alarm before dangerous levels of carbon monoxide accumulate.
(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 insignia and a reduced frequency of inspection, subsequent to the manufacturer demonstrating its quality control program which results in the production of units in compliance with applicable provisions of this subchapter.
(e) Construction. The same as "Manufacture."
(f) Design Approval Agency. A third-party entity approved by the department to perform one or both of the following:
(1) Review and approve plans and quality control manuals relating to the manufacture or remanufacture of mobilehomes, multifamily manufactured homes, commercial modulars and special purpose commercial modulars.
(2) Review and approve plans for the design and installation of fire sprinkler systems and ignition resistant construction systems during the manufacture of either manufactured homes or multifamily manufactured homes with two (2) dwelling units.
(g) Dormitory. A room occupied or intended to be occupied by more than two (2) guests.
(h) Dwelling Unit. A single-family manufactured home, mobilehome or each living facility in a multifamily manufactured home intended for human habitation.
(i) Equipment. All materials, appliances, devices, fixtures, fittings or accessories used in the construction, fire safety, plumbing, heat-producing and electrical systems of units subject to this subchapter.
(j) Exit. A continuous and unobstructed means of egress to the exterior of the unit.
(k) 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.
(l) Fire-life Safety. The conditions relating to the prevention of fire or for the protection of life and property against fire.
(m) 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.
(n) Flame Spread. The propagation of flame over a surface.
(o) Floor Area. The area included within the surrounding exterior walls of a unit or portion thereof, subject to these regulations.
(p) 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.
(q) Habitable Room. A room or enclosed floor space arranged for living, eating, food preparation or sleeping purposes (not including bathrooms, toilet compartments, laundries, pantries, foyers, hallways and other accessory floor spaces).
(r) 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 Development, pursuant to Title 42 of the United States Code (USC), section 5401, et seq. and Title 24 of the Code of Federal Regulations (24 CFR).
(s) Insignia. A tab or tag issued by the department to indicate compliance, on the date of issue, with the requirements of this subchapter.
(t) Insignia Administrator. A person on the staff of a Quality Assurance Agency designated as responsible for the procurement and administration of insignia and the maintenance of insignia security.
(u) Insignia Security. A system designed for the safekeeping of insignia which accounts for the disposition of each insignia, which ensures the proper entry of information on the insignia in the case of a commercial modular, and which maintains restricted access to the insignia as necessary to eliminate the potential for loss, damage and misappropriation of the insignia.
(v) Installations. All arrangements and methods of construction, fire safety, plumbing, heat-producing and electrical systems used in units subject to this chapter.
(w) Interior Finish. The surface material of walls, fixed or movable partitions, ceilings and other exposed interior surfaces affixed to the unit's structure including any material such as paint or wallpaper and the substrate to which they are applied. Interior finish does not include windows and doors or their frames, skylight, trim, moldings, decorations or furnishings which are not affixed to the unit's structure.
(x) Labeled. Materials, products, or equipment bearing the inspection label of an approved listing agency.
(y) Length. The distance measured from the exterior of the front wall to the exterior of the rear wall of a unit where such walls enclose the living or other interior space, including expandable rooms, but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments.
(z) Listed. Equipment, materials, products, or installations included in a list published by an approved listing agency. The listing agency conducts periodic inspections of the production of the listed equipment, materials or products, and conducts periodic evaluations of the listed installations. The list means that the listed equipment, material, product or installation fulfills one of the following:
(1) Complies with the corresponding appropriate nationally recognized standard and is suitable for the specified purpose.
(2) Has been tested, and found suitable for use in a specified manner.
(aa) Listing Agency. An independent agency approved by the department, that is in the business of listing and labeling equipment, materials, products or installations and that maintains a periodic inspection program 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 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 a listed equipment, material, product or installation that has been tested and found suitable for use in a specified manner.
(bb) 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, seismic load or dead load.
(3) Wind Load. The lateral or vertical pressure or uplift on the unit due to wind blowing in any direction.
(cc) Manufacture. The manufacture, fabrication, erection or building up of elements of a unit subject to this subchapter including, but not limited to, structural, fire and life safety, mechanical, plumbing and electrical materials and installations.
(dd) Manufactured Home. A structure as defined by section 18007 of the Health and Safety Code.
(ee) Mobile Food Preparation Unit. A special purpose commercial modular upon which food is cooked, wrapped, packaged, processed, portioned or any combination thereof, for service, sale or distribution.
(ff) Mobilehome. A structure as defined by section 18008 of the Health and Safety Code.
(gg) Model. A manufactured home, mobilehome, commercial modular, special purpose commercial modular or multifamily manufactured home of a specific design designated by the manufacturer based on width, type of construction, or room configuration.
(hh) Multifamily Manufactured Home. A structure as defined by section 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.
(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 for one or both of the following:
(1) Manufacture or remanufacture of mobilehomes, multifamily manufactured homes, commercial modulars or special purpose commercial modulars.
(2) Design and installation of fire sprinkler systems in manufactured homes and in multifamily manufactured homes with two (2) dwelling units.
(ll) "Professional Engineer." A person engaged in professional practice as defined in Business and Professions Code section 6701.
(mm) Prohibited Sales Notice. A printed notification issued by the department 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 assurance programs to determine compliance with approved plans, quality control manuals and/or this subchapter during one or any of the following:
(1) Manufacture or remanufacture of mobilehomes, multifamily manufactured homes, commercial modulars or special purpose commercial modulars subject to this subchapter.
(2) Installation of a fire sprinkler system or ignition resistant construction system in a manufactured home or in multifamily manufactured home with two (2) dwelling units.
(oo) 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 department and employed by an approved Quality Assurance Agency to conduct 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 assure that all materials, systems, equipment and assemblies of a mobilehome, multifamily manufactured home, commercial modular or special purpose commercial modular, comply with approved plans, the Health and Safety Code, Division 13, Part 2, and this subchapter.
(rr) Remanufacture. The alteration, conversion, replacement, addition, reconstruction, modification or removal by a mobilehome, multifamily manufactured home, commercial modular or special purpose commercial modular manufacturer within the manufacturer's facility, of any equipment or installations comprising the structural, fire-life safety, electrical, heat-producing and plumbing systems of an existing structure.
(ss) Running Gear. An assembly subsystem consisting of suspension springs, axles, bearings, wheels, hubs, tires, brakes and related hardware for the purposes of transportation and support.
(tt) Section. A transportable portion of an entire manufactured home, multifamily manufactured home or commercial modular unit.
(uu) Serial Number. An identification number assigned by the manufacturer for the purpose of distinguishing each individual section.
(vv) Smoke Detector. An approved device which senses visible or invisible particles of combustion.
(ww) Supplier. A person or firm which manufactures or sells equipment, materials and goods used in the manufacture of mobilehomes, multifamily manufactured homes, commercial modulars and special purpose commercial modulars.
(xx) Technical Service. Interpretation and clarification by the department of technical data relating to the application of this subchapter.
(yy) Testing Agency. An organization that is all of the following:
(1) In the business of testing materials, products, equipment or installations.
(2) Qualified and equipped for such experimental testing.
(3) Not under the jurisdiction or control of any manufacturer or supplier for any affected industry.
(4) Approved by the department pursuant to section 4006 of this subchapter.
(zz) 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.
(aaa) Unit. A manufactured home, mobilehome, multifamily manufactured home, commercial modular or special purpose commercial modular.
(bbb) Vehicle Identification Number (VIN). A serial number.
(ccc) Wall--Loading Bearing. A wall which supports any superimposed load in excess of 100 pounds per lineal foot.
(ddd) Wall--Exterior. A wall or element of a wall which defines the exterior boundaries of a unit.
(eee) Wall--Non-load Bearing. Any wall which is not a load-bearing wall.

Cal. Code Regs. Tit. 25, § 4004

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 5-4-79; effective thirtieth day thereafter (Register 79, No. 18).
5. Amendment filed 2-11-82 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 6-11-82.
6. Certificate of Compliance as to 2-11-82 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 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.
8. 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 11349.6 (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 emergency; operative 3-3-89 (Register 89, No. 11). 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 1-17-2001; operative 1-17-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 3).
12. Change without regulatory effect amending subsections (f)(1)-(2), adding subsections (cc), (ee) and (hh), relettering subsections, amending newly designated subsections (ff), (kk)(1)-(2), (nn)(1)-(2), (qq), (tt) and (zz) and amending NOTE filed 7-14-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 29).
13. Change without regulatory effect repealing subsections (b), (gg) and (ww), relettering subsections and amending newly designated subsections (e)(1), (ee), (ii)(1), (ll)(1), (oo) and (rr) and NOTE filed 10-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 41).
14. Amendment of subsections (e)-(f), (j), (p), (s), (x)-(x)(2), (z)(2), (cc), (ee), (ii)-(ii)(2), (ll)-(ll)(2) and (oo), repealer of subsections (pp)-(rr) and (vv), new subsections (pp)-(uu), subsection relettering and amendment of newly designated subsections (ww)-(yy) and (aaa)-(ccc) filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
15. Amendment filed 6-7-2012; operative 6-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).

Note: Authority cited: Sections 18015, 18015.5, 18020, 18025, 18028, 18029 and 18029.5, Health and Safety Code. Reference: Sections 18007, 18008, 18008.7, 18015, 18015.5, 18020, 18025, 18025.5, 18026, 18028, 18029, 18029.3, 18029.5, 18030 and 18031.5, Health and Safety Code.

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 5-4-79; effective thirtieth day thereafter (Register 79, No. 18).
5. Amendment filed 2-11-82 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 6-11-82.
6. Certificate of Compliance as to 2-11-82 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 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.
8. 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 11349.6 (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 emergency; operative 3-3-89 (Register 89, No. 11). 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 1-17-2001; operative 1-17-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 3).
12. Change without regulatory effect amending subsections (f)(1)-(2), adding subsections (cc), (ee) and (hh), relettering subsections, amending newly designated subsections (ff), (kk)(1)-(2), (nn)(1)-(2), (qq), (tt) and (zz) and amending Note filed 7-14-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 29).
13. Change without regulatory effect repealing subsections (b), (gg) and (ww), relettering subsections and amending newly designated subsections (e)(1), (ee), (ii)(1), (ll)(1), (oo) and (rr) and Note filed 10-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 41).
14. Amendment of subsections (e)-(f), (j), (p), (s), (x)-(x)(2), (z)(2), (cc), (ee), (ii)-(ii)(2), (ll)-(ll)(2) and (oo), repealer of subsections (pp)-(rr) and (vv), new subsections (pp)-(uu), subsection relettering and amendment of newly designated subsections (ww)-(yy) and (aaa)-(ccc) filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).
15. Amendment filed 6-7-2012; operative 6-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).