California code of regulations




Yüklə 330.25 Kb.
səhifə4/8
tarix29.02.2016
ölçüsü330.25 Kb.
1   2   3   4   5   6   7   8
§ 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 cabana.

(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. Awning 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, provided the panels do not exceed fifty (50) percent of the total wall area.

(4) Awnings may be completely enclosed with solid material, provided that fifty (50) percent of the total wall area is translucent or transparent 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 material, 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 designed and constructed to withstand the additional forces imposed by the enclosure.

(f) The construction requirements for awning enclosures are contained in the California Building Residential Code, Appendix Chapter 31.

(g) Heating, cooking, or fuel burning appliances or equipment shall not be installed or used within an awning enclosure.

(h) Drop ceilings may be supported by the MH-unit provided the combined weight of the ceiling and the awning complies with section 1468(d).

(i) When a exit from the unit is enclosed, the exit from the enclosure shall satisfy the exit and lighting requirements contained in section 1429 of this chapter.
NOTE: Authority Cited: Section 18300, Health and Safety Code. Reference: Sections 18552 and 18610, Health and Safety Code.
§ 1498. Landing, Porch and Stairway-Design and Construction.

(a) Requirements for the design and construction of all structural elements of porches and stairways and railings are contained in the California Building Residential 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 freestanding, 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 subsection (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 necessary 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 (7½) 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.

(e) The stairway may be capable of being relocated and need not be secured to the lot

(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 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 exitway of the door opening on the carport side, when necessary for vehicle access, shall be not less than twenty eight (28) inches or the full clear width of the door opening 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 be not more than seven and one-half (7½) inches below the door. The width of the landing, porch, or top step of the stairway shall be not less than the width of 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: Section 18552, Health and Safety Code.
§ 1500. Porch and Stairway- Support System.

(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 section 1334 of this chapter or the California Building Residential Code.

NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Section 18552, Health and Safety Code.


§ 1502. Porch-Guardrails.

Guardrails shall be provided around the perimeter of porches and decks which are thirty (30) inches or more above grade. The requirements for porches and guardrails are contained in the California Building Residential Code, except as otherwise provided in this chapter.


NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Section 18552, Health and Safety Code.
§ 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 intermediate rails for the entire length of the handrail.

(b) Handrails with a circular cross-section shall have an outside diameter 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 cross-sectional dimension of two and one-quarter (2.25) inches. Edges shall have a minimum radius of one-hundredth (0.01) inch.

(c) The ends of handrails shall be rounded, extend to the edge of the last step, and shall not project more than three (3) inches beyond the last handrail support post.

(d) The requirements for stairways and handrails are contained in the California Building Residential Code, except as otherwise provided in this chapter.
NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Section 18552, Health and Safety Code.
§ 1506. Ramps and Handrails.

(a) 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 Residential Code, except as otherwise provided in this chapter.

(b) The slope of a ramp located on a lot shall not to exceed a ratio of one (1) increment in height for each eight (8) increments of length.

NOTE: Authority cited: Section 18300, Health and Safety Code. Reference: Section 18552, Health and Safety Code.



Article 10. Violations, Complaints, Abatement, and Hearings and Abatement.
§ 1612. Final Notice Requirements and Appeals.

(a) If the initial notice from the enforcement agency has not been complied 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 registered 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 located, a final notice to abate of violation or notice to abate the violation that shall contain at least a minimum 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 if one has not been requested previously with regard to the identified violations;

(F) right to request a hearing as defined in 1002 subdivision (h)(3) pursuant to section 1613 1756 of this chapter but only after the denial or conclusion of the informal conference.;

(G) a statement that any willful violation is a misdemeanor under section 18700 of the Health and Safety Code.



(2) The final notice shall be mailed, by registered or certified mail, return receipt requested, to the cited person, to the legal owner of the property 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 manner in which that notice was given. He or she shall also file with the affidavit, any receipt card which may have been returned to him or her in acknowledgment of the receipt of that notice by registered or certified mail.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Reference: Sections 18402, 18404, 18420, 18421, 18552, and 18605, Health and Safety Code.
§ 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 intention 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 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 entity, 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 violations are contained in article 11, commencing with section 1750.

(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 permitted and a request for a hearing shall not extend the time for the correction 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 18300 and 18605, Health and Safety Code. Reference: Sections 18402, 18403, 18421 and 18605, Health and Safety Code.
§ 1615. Hearing.

(a) At the time and place of the hearing, the hearing officer shall hear the testimony of and accept evidence from the legal owner of the property, or park owner or operator; the cited person; or their respective representative; 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 enforcement 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 the hearing, the hearing officer shall render a written decision in the matter which sustains, modifies, 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. Reference: Section 18605, Health and Safety Code.
§ 1616. Time to Bring Action.

Any cited person, owner, or other interested person having any objections, 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 jurisdiction within thirty (30) days after receipt of the decision.
NOTE: Authority cited: Sections 18300 and 18605, Health and Safety Code. Reference: Section 18605, Health and Safety Code.
§1618. Responsibility for Costs.

(a) The registered owner of the unit, or any other cited person or entity that fails to correct a violation or abate a nuisance 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 abatement 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 18300 and 18605, Health and Safety Code. Reference: Sections 18402, 18403, 18404, 18423, and 18605, Health and Safety Code.
Article 11. Informal Conferences and Formal Appeals Hearing Procedures
§ 1750. Application and Scope.

(a) The provisions of this article apply to the informal and formal procedures available to a cited person, as defined by section 1002 of this chapter, who has received a notice of a violation ordering abatement or correction of a violation of this chapter, the Health and Safety Code, or any other applicable provision of law, issued by the enforcement agency. pursuant to section 18420 of the Health and Safety Code.

(b) None of the procedures for an informal or formal the appeal and subsequent hearing process extend extends the time allowed for the correction of violations noted in the original notice of violation or notice of abatement noted in subsequent notices of violation issued to the same person or about the same situation unless:

(1) the final date of compliance occurs before the later of either the date of the informal conference or the date of the written determination of the enforcement agency;



(2) the final date of compliance occurs before the later of either the date of the hearing or the date of the hearing officer’s final order, or

(3) an extension of time allowed for the correction of violations is contained in the written determination provided by the enforcement agency pursuant to subsection 1754(b), or

(2) (4) 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) 1757(d).
NOTE: Authority cited: Sections 18300 and, 18421, and 18605, Health and Safety Code. Reference: Sections 18402, 18403, 18420, and 18421, Health and Safety Code.

§ 1752. Request for Informal Conference.

(a) The following informal conference process shall be available to a cited person who is required to respond to a notice of violation ordering abatement or correction of a violation of this chapter, the Health and Safety Code, or any other applicable provision of law issued pursuant to section 18420 of the Health and Safety Code, and shall be initiated solely at the discretion of the person addressed in the notice of violation if he or she desires to appeal or seek clarification of 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 request 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) seven (7) 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) twenty-one (21) working days after the enforcement agency's receipt 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 conference only if one or more of the following conditions apply:

(1) The issues identified for dispute in the written request do not include at least one 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) twenty-one (21) day time period and the enforcement agency determines that good cause does not exist to postpone the informal conference.


NOTE: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18402, 18403, 18420 and 18421, Health and Safety Code.
§ 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 conference with the opportunity to explain to the representative of the enforcement agency each issue disputed and the facts and circumstances of each dispute.

(b) Within five (5) ten (10) working days of the completion of the informal conference, 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 informal 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 action 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 scheduled 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 conference 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 withdrawal 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 and 18605, Health and Safety Code. Reference: Sections 18402, 18403, 18420, and 18421, and 18605 Health and Safety Code.
§ 1756. Request for Appeal Hearing: Appeal of Decision Rendered in Informal Conference.

(a) Any park owner or operator, cited person, or any registered owner of a unit, who has received a notice of violation ordering abatement or correction of a violation of this chapter, the Health and Safety Code, or any other applicable provision of law issued pursuant to section 18420 of the Health and Safety Code, from the enforcement agency has the right to petition for a formal request a hearing on the matter before an authorized representative of the with the person in charge of enforcement agency or that person's designee, after a decision is rendered in an informal conference or the agency has denied the request for an informal conference.

(b) The person requesting the formal hearing shall submit a written petition hearing request to the enforcement agency:

(1) within ten (10) working days of the date of the denial of a request for an informal conference, or

(2) within five (5) ten (10) working days of the date of the enforcement agency's written determination, following an informal conference, if the issues contained in the notice of violation and the request for hearing were disputed at the informal conference. , or

(3) within ten (10) working days of the enforcement agency’s issuance of a notice of intent to suspend a permit to operate, issued pursuant to section 18511 of the Health and Safety Code. An informal conference is not a condition precedent to a request for a hearing on a notice of intent to suspend the permit to operate and the request shall not be denied for failure to have an informal conference as referenced in Section 1756 subdivision (a), or

(4) within ten (10) working days of the written notice of refusal of the application to install an earthquake resistance bracing system pursuant to section 1377. An informal conference is not a condition precedent to a request for a hearing for refusal of the application to install an earthquake resistant bracing system and the request shall not be denied for failure to have an informal conference as referenced in Section 1756 subdivision (a).

(c) The written petition hearing request shall:

(1) provide the name, address, and phone number of the petitioner appellant,

(2) provide the petitioner's appellant’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 appellant is seeking.

(d) Upon receipt of the petition a request for a hearing from the cited person or entity, the enforcement agency, shall set a time and place for the formal hearing and, shall provide the petitioner appellant with written notice of the scheduled time and place of the hearing. , and shall provide a statement that the agency’s selection of the informal hearing procedures to be applied at the hearing. The enforcement agency shall include a copy of the agency’s informal hearing procedures, as required pursuant to Government Code sections 11425.10 and 11445.30.

(1) The enforcement agency shall provide the time and place of the hearing in a written notice to the appellant within fifteen (15) working days of receipt of the request.



(1)(2) The formal hearing shall commence within ten (10) working days fifteen (15) working days of the date of the petition. written notice of the scheduled hearing sent by the enforcement agency.

(2) (3) The petitioner appellant shall have the right to apply to the enforcement agency for the postponement of the date of the formal hearing for a reasonable amount of time. The petitioner appellant shall provide a good-cause reason for the request..

(3) (4) The enforcement agency shall grant a request for postponement if it determines that the petitioner appellant has good-cause reason for the postponement.

(e) The formal hearing shall provide the petitioner with the opportunity 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 formal 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 enforcement agency shall provide in writing a final, formal order to the petitioner. The 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) shall clearly state the enforcement agency's findings upon which the final, formal order is based. 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 permitted and a request for a hearing shall not extend the time for the correction of the violation.

(f) Upon receipt of the request for hearing from the cited person or entity, the enforcement agency shall not initiate any judicial or administrative action related to the defect or defects appealed until after the hearing. However, if the defect or defects cited become an imminent hazard representing an immediate risk to life, health, and safety of persons or property which require immediate correction, the enforcement agency may cancel the hearing, demand immediate abatement or correction, and initiate any appropriate judicial or administrative action related to the defect or defects.

(g) 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 18300 and ,18421, and 18605 Health and Safety Code. Reference: Sections 18402, 18403, 18420, 18421, and 18513 18605 Health and Safety Code.
1   2   3   4   5   6   7   8


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə